Addressing misconduct is one of the hardest responsibilities of leadership. Some misconduct issues are abundantly clear and termination is warranted, while others fall more in the gray. The question at play for areas in the gray is whether a restoration plan is possible. A Leave of Absence may be warranted while the board and legal team investigate claims. It can also be used as a form of discipline on the road towards restoration.
When addressing misconduct, let legal factors guide the decision-making process. Initial conversation: Don’t make any commitments.
(The order of these steps may change based on the situation)
A Leave of Absence can create space and safety for all parties involved. When addressing misconduct, leaders' impulse reactions tend to bend towards grace or justice. Impulse responses to misconduct - immediate forgiveness and grace or immediate termination - must be avoided as they can cause further damage and have significant legal and financial consequences. A Leave of Absence allows the decision-makers time to understand what really transpired and the seriousness of the allegations or confessed misconduct.
A Leave of Absence can be paid or unpaid, depending on the circumstances and the organization's policies; however, it is incredibly important to avoid financial commitments until after legal consultation. The board owes fiduciary duties to the church to act in the best interest of the church. Unbalanced payments to an employee can expose the organization to legal claims.
A Leave of Absence can result in resignation, termination, separation, or continued employment, depending on what is discovered.
Resignation: the end of employment at the employee’s decision.
Termination: the end of employment at the employer’s decision.
Separation: the end of employment that includes both resignation and termination. A more umbrella term is used in severance agreements.
It is important to note that administrative leave is not a sabbatical and should not be communicated or treated as such. It is part of a disciplinary process that has been put in place because of misconduct. Restoration to Christ is always possible where there is Godly sorrow and repentance. Restoration to a pastoral position (employment position) may not be possible, even where Godly sorrow and repentance exist.
Addressing misconduct is hard, but do not be discouraged. While pastoral misconduct yields collateral damage to many, the inverse is also true. Pastoral faithfulness yields collateral good.
If your organization does not have a trusted legal counsel to help guide you through this time, please reach out to us.
The information provided in this article does not, and is not intended to, constitute legal advice or investment advice; instead, all information, content, and materials available in this article are for general informational purposes only. The information contained in this article may not constitute the most up-to-date legal or other information. This article contains links to other third-party websites. Such links are only for the convenience of the reader, user, or browser; the author does not recommend or endorse the contents of the third-party sites.
Readers of this article should contact their attorney to obtain advice with respect to any particular legal matter.
Anthony & Sparkman, PLLC is a law firm with attorneys located in both Dallas/Fort Worth and Kalispell, Montana, that provides legal counsel to both churches and nonprofits around the world. John Anthony & Michele Sparkman have spent over a decade providing general counsel to churches and nonprofits on issues ranging from incorporation, governance, employment, policies and procedures, taxes, succession planning, real estate development, and much more. For more information, visit our website at www.thenonprofitteam.com.
