Pastor, Church & Law

Risk Management

§ 10.05.03

Key point 10-05.03. Churches can reduce the risk of liability based on negligent supervision for sexual misconduct involving adult victims by adopting risk management policies and procedures.

Resources. Churches must exercise reasonable care in the selection of ministers, nonminister employees, and volunteers in order to avoid potential liability based on negligent selection. The publisher of this text has produced several resources to assist church leaders in satisfying the standard of reasonable care in the selection of workers. Go to www.ChurchLawAndTax.com.

This section has addressed church liability on the basis of negligent selection for sexual misconduct by ministers and other church workers with adult victims. Churches can reduce the risk of liability based on negligent selection by adopting some or all of the strategies described in section 10-04.03.

Key point. Many cases of sexual misconduct with adult victims arise out of a counseling relationship. There are a number of steps that churches can take to reduce the risk of such behavior occurring in the course of a counseling relationship, and many of these are addressed later in this chapter.⁹⁴

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