No Harm, No Foul? Part 2

So let’s assume for a minute that institutions like the church, when confronted with the disclosure of unethical behavior like sexual harassment or abuse, tend to act in their own best interests. On the surface, this is what I call the “institutional protection agenda.”

The institutional protection agenda looks like this:

• Its policy is designed first of all to avoid liability for the misconduct of its agents.
• The language in its policy reflects this: “an affair with a congregant” implying consent.
• It hires lawyers whose job it is to “handle” a complaint, insulate the judicatory from contact with the victim(s), and direct all communication and activity to avoid liability.
• It uses its funds to pay lawyers.

This institutional protection agenda will almost always mean that the judicatory ends up in civil litigation with victim/survivors who expect more from their faith community. And the judicatory usually loses.

There is an alternative agenda: the “justice-making agenda.” This agenda is driven by the values and teachings of the faith community.

• Its policy is designed to act in the face of disclosure of misconduct to support those harmed, hold those responsible accountable, and do everything possible to insure it doesn’t happen again.
• The language in its policy reflects this: “sexual abuse or exploitation by a clergy person.”
• It hires lawyers whose job it is to assist the judicatory in accomplishing its policy and they take direction from the judicatory leaders rather than the other way around.
• It uses funds to make restitution to those who have been harmed and to support training for prevention.

This justice-making agenda rarely results in the judicatory ending up in civil litigation because it keeps faith with its people and provides for those who deserve support and healing. The great irony is that the justice-making agenda costs much less than the institutional protection agenda.

So which agenda really protects the institution?

Rev. Dr. Marie M. Fortune
FaithTrust Institute
www.faithtrustinstitute.org