For churches and organizations that engage in public worship or other program activities, a desire to allow known sex offender participation may present a conundrum. Such organizations may strive to practice hospitality, generosity, and grace in line with theological, ministry, or other philosophy and goals. But meanwhile, they also owe the legal and moral responsibility of protecting their members and the surrounding community from harm, and protecting itself from liability. What’s the right balance?
Organizations facing this question need to carefully weigh the resources they have available to mentor, supervise, and care for known sex offenders, cognizant of the potentially tragic consequences should their oversight system break down – not to mention possibly significant reputational risk. Responsibly integrating sex offenders into a community thus requires tremendous oversight and care.
This article provides a framework of legal considerations, recommendations, and related insights for this topic. It is not intended to be comprehensive or to provide direct legal counsel. Organizational leaders are strongly advised to seek specific legal counsel for each circumstance in which they may wish to integrate a known sex offender into their programs. Please note too that this article is not aimed at other nonprofit settings, such as childcare, schools, or other program activities that may warrant a different approach. This article is focused primarily on public gatherings, such as for worship, at which people from all sorts of backgrounds and with all sorts of personal issues may attend – and therefore which inherently may involve substantial risk management concerns.
What’s at Stake?
To lay the groundwork, an organization has no legal obligation to permit a known sex offender to attend. Any permission granted should be contingent upon the organization’s ability to exercise oversight and provide accountability. In granting permission, the organization exposes itself to significant risks, such as the following: the sex offender again commits harmful behavior; punitive damages for negligence; negative media attention; and liability for board members who fail to implement sufficient safeguards. Smaller organizations with limited resources for oversight may choose to exclude all known sex offenders because they are unable to meet the individuals’ needs for support and accountability. This choice may be particularly appropriate for small houses of worship that simply lack the significant resources for this effort.
Clarifying Sex Offender Status
When determining which approach to take regarding sex offenders, it is imperative to have a proper understanding of the definition of a sex offender.
Too often, we think of sex offenders as only those individuals listed on a federal or state sex offender registry. However, this thinking may be too narrowly focused. There are numerous reasons why a person who has committed a sexual offense is not included on a registry or otherwise known to be a sex offender. For an individual to be registered, they must have been convicted of certain types of sexual offenses. It is widely acknowledged that only a small percentage of sexual offenses are reported. Of that small percentage, not all reported offenses result in criminal charges, and not all criminal charges end with convictions. Additionally, the offense they were convicted of may not require registration or may only require registration for a short period of time. The offender could also have plead guilty to a lesser offense to have charges of a more serious sexual offense dismissed. Thus, organizational leaders should view sex offender status more broadly than only registered sex offenders.
Organizations should evaluate their ability to supervise all known sex offenders, that is anyone who has either admitted to committing a sexual offense, has been convicted of committing a sexual offense, or is otherwise listed on a sex offender registry. Keep in mind too that organizations have no legal obligation to admit persons to public worship activities, program events, or other gatherings. Similarly, organizations hold the legal right to exclude persons who may pose a danger to others.
Guidelines for Safeguards
If an organization chooses to allow known sex offenders to participate in services and activities, it should develop and maintain two key documents, along with related materials. First, the organization should develop and adopt a proactive policy that emphasizes the organization’s care for all its participants (e.g., a religious congregation). Second, the organization should use a written restrictive access agreement, to be signed by the known sex offender. This agreement should benefit all involved by clarifying the offender’s responsibilities, identifying forth the organization’s expectation, and thereby minimizing legal risk. An individual’s worship attendance or other program participation should be expressly conditioned upon the offender’s willingness to submit to oversight and abide by the agreement’s conditions. The policy and the agreement should include the following elements.
Screening Process
Prior to allowing a known sex offender to participate in an organization’s activities, its personnel should conduct a thorough screening of the individual to evaluate the nature of the individual’s offense, the terms of the individual’s sentence if convicted, any further restrictions on the individual’s conduct, and any history of repentance and restoration since the offense. An organizational leader should be assigned to oversee the screening process, as well the supervision of the offender as a participant.
As part of such screening process, organizations should make sure that a background check is conducted by a reputable organization to identify convictions, sex offender registrations, and other pertinent background information. Notably, not all relevant information may be included in a background check. For example, if allegations were made but no charges were brought or arrests made, those allegations will likely not be included in the results. Offenses that occurred while the offender was a minor will also not be included in a background check. (Such considerations apply similarly for childcare workers, as addressed in our law firm’s other resources.)
Registered sex offenders often have a probation or parole officer, and other support services assigned to monitor the offender’s actions or to be involved in their sentence or rehabilitation. Organizational leaders should speak with these individuals to obtain information about specific requirements imposed on the offender; the offender’s background including information about past history of offenses that may not have shown on a background check; their rehabilitation status and efforts; and any recommendations these individuals may have. The organization should obtain written permission from these individuals for the offender to participate in church activities.
Organizations should also conduct interviews with the known sex offender as a way to determine the offender’s transparency about previous offenses, ongoing accountability and rehabilitation efforts, genuine repentance or sorrow, and a heart for restoration. Any inconsistencies between the information provided by the offender and what the organization has learned during the screening process should be clarified before authorizing the offender to participate in the organization’s activities.
All the information obtained during this screening process should be carefully and prayerfully evaluated by the governing board to determine if the organization should proceed with integrating the sex offender into its worship or other activities.
Appropriate Restrictions and Supervision
An organization that chooses to permit a known sex offender to participate should impose specific restrictions on the offender. These restrictions are both a means of accountability and a measure of protection for congregations and other stakeholders, especially children and other vulnerable groups. The organization should impose a zero-tolerance policy for violations of these restrictions and therefore seriously consider revoking the offender’s authorization for any violations.
To promote accountability, the offender should be accompanied by a sponsor at all times while at the facilities or other organization-sponsored events – without exception. Multiple approved sponsors should be identified to enable flexibility in scheduling and availability. All sponsors should be long-standing participants (e.g., church members) with strong reputations and should never be a member of the offender’s family given these relatives’ conflict of interest. Sponsors should be fully aware of the terms and other restrictions imposed on the offender. They should provide regular reports to the assigned leader detailing the offender’s attendance, participation, and conduct as well as note any irregularities or other actions, even if small, that may be cause for concern. The organization should maintain accurate records of the offender’s participation in events and their contact with minors whether intentional or inadvertent.
The organization should also have regular communication with the offender’s probation or parole officer and any other monitors to discuss the offender’s progress and share information that may be relevant to their rehabilitation and restoration. Should concerns arise at any point during this supervision process, the organization should likewise seriously consider revoking the offender’s authorization.
Care for Victims and Others
While churches may wish to minister to a sex offender, such ministry should not come at the expense of victims. Accordingly, sex offenders should not be permitted to participate in organizational activities if the victim is currently involved with the organization. Such permission should be immediately revoked if the victim becomes involved in the organization in the future. Organizations should also consider how integrating a sex offender might affect the rest of the congregation or other program participants, especially if the organization has specific ministries or other programs to support abuse survivors or vulnerable groups.
Consider too that some people may be surprised, even dismayed, to learn that an organization has chosen to allow known sex offenders into their midst. The organization’s policy and practice in this regard may be handled discreetly, but with due regard for potential inquiries or other safety concerns. On a related note, it is of utmost importance that organizations otherwise handle safety issues – especially for child protection – with the highest possible degree of care, supervision, and attentiveness.
Notice
Per above, churches should maintain information about a sex offender’s status with great sensitivity. Broad-based disclosure may result in organizational and individual liability for invasion of privacy, defamation, or other similar claims. Any disclosure should be undertaken carefully to minimize gossip, false information, and inappropriate communications.
Moving Forward
The decision to integrate a known sex offender into an organization’s worship activities or other program activities is far from easy. The desire to offer support and restoration hangs in tension with the need to protect congregations and other participants. The above-described leadership attentiveness, support, accountability, and extensive protection measures outlined may amount to more than can be reasonably handled. Such conclusion may be especially true for smaller organizations with limited staff and volunteers. If and when an organization takes on this tremendous responsibility but cannot follow through, the results can wreak havoc for everyone involved. But with these cautions in mind, and with further steps tailored to each organization’s needs and specific individuals involved, organizations can follow through on integrating known sex offender with both effective care and optimal risk mitigation.
