Pastor, Church & LawMember access only

by Richard R. Hammar, J.D., LL.M., CPA

Risk Management

§ 10.09.03
Key point 10-09.03. Churches can reduce the risk of liability based on negligent supervision for the sexual molestation of minors by adopting risk management policies and procedures.
Tip. A number of courts, in addressing the question of whether clergy are employees or self-employed for federal income tax reporting purposes, have observed that churches generally exercise relatively little supervision or control over clergy.[123] See, e.g., Weber v. Commissioner, 60 F.3d 1104 (4th Cir. 1995). Such cases can be used by churches in defending against negligent supervision claims involving clergy misconduct.

Churches can reduce the risk of liability, based on negligent supervision, for the sexual molestation of minors by adopting risk management policies and procedures. Here is a listing of policies and procedures that some churches have adopted:

1. Two-Adult Policy

Consider adopting a "two-adult" ...

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