Book of Discipline: ¶ 363. Complaint Procedures

1. Ministerial Review—Ordination and membership in an annual conference in The United Methodist Church is a sacred trust. The qualifications and duties of local pastors, associate members, provisional members, and full members are set forth in The Book of Discipline of The United Methodist Church, and we believe they flow from the gospel as taught by Jesus the Christ and proclaimed by his apostles. Whenever a person in any of the above categories, including those on leaves of all types, honorable or administrative location, or retirement, is accused of violating this trust, the membership of his or her ministerial office shall be subject to review. The primary purpose of the ministerial review is to resolve any violations of this sacred trust in such a way that God’s work of justice, reconciliation, and healing may be realized.

2. Definition of Complaint—A complaint is a written and signed statement claiming misconduct as defined in ¶ 2702.1.⁸⁰ When a complaint is received by the bishop, both the person making the complaint and the person against whom the complaint is made will be informed in writing of the process to be followed at that stage. When and if the stage changes, those persons will continue to be informed in writing of the new process in a timely fashion.

3. Primary Purpose—This review shall have as its primary purpose a just resolution of any violations of this sacred trust, in the hope that God’s work of justice, reconciliation and healing may be realized in the body of Christ. A just resolution is one that focuses on repairing any harm to people and communities, achieving real accountability by making things right as far as possible, and bringing healing to all the parties. Special attention shall be given to a timely disposition of all matters, and ensuring that cultural, racial, ethnic, and gender contexts are valued.

4. Supervision—In the course of the ordinary fulfillment of the superintending role, the bishop or district superintendent may receive or initiate complaints about the performance or character of a clergyperson. The person filing the complaint and the clergyperson shall be informed by the district superintendent or bishop of the process for filing the complaint and its purpose.

5. Supervisory Response Process—The supervisory response of the bishop is pastoral and administrative and shall be directed toward a just resolution among all parties. It is not part of any judicial process. The supervisory response shall be carried out by the bishop or the bishop’s designee in a timely manner, with attention to communication to all parties regarding the complaint and the process. At the determination of the bishop, persons with qualifications and experience in assessment, intervention, or healing may be selected to assist in the supervisory response. The bishop also may consult with the staff/pastor-parish relations committee, the district committee on superintendency for the district superintendents, appropriate personnel committee, or other persons who may be helpful.

a) Upon receiving a written and signed complaint, the bishop shall, within 90 days, carry out the supervisory response process outlined below.

b) When the supervisory response is initiated, the bishop shall notify the chairperson of the board of ordained ministry that a complaint has been filed, of the clergyperson named, of the general nature of the complaint, and, when concluded, of the disposition of the complaint.

c) At all supervisory meetings no verbatim record shall be made and no legal counsel shall be present.

d) The person making the complaint shall have the right to choose a person to accompany him or her with the right to voice.

e) The person against whom the complaint was made may choose a person to accompany him or her with the right to voice.

f) Within 90 days after the receipt of the complaint, the bishop shall conclude the supervisory response process by:

(1) Dismissing the complaint with the consent of the cabinet giving the reasons therefore in writing, a copy of which shall be placed in the clergyperson’s file; or

(2) Initiating a mediated attempt to produce a just resolution; or

(3) Referring the matter to the counsel for the Church as a complaint.

6. Just Resolution Process—A just resolution process is one that focuses on repairing any harm to people and communities, achieving real accountability by making things right as far as possible, and bringing healing to all the parties. In appropriate situations, processes seeking a just resolution may be pursued. A process seeking a just resolution may begin at any time in the supervisory, complaint, or trial process. Procedures for achieving a just resolution agreement shall include:

a) To focus on repairing harm to people and communities, all parties shall have opportunity to name and acknowledge the harm that has occurred.

b) After all parties agree to enter a just resolution process, the bishop, the person filing the complaint, the respondent, and each of their support persons shall sign a written agreement outlining the just resolution process, including any agreements on confidentiality, which will be used in creating the final just resolution agreement.

c) Special attention shall be given to ensuring that cultural, racial, ethnic, and gender contexts are valued throughout the process in terms of their understandings of fairness, justice, and restoration.

d) The just resolution process shall include the use of a trained, impartial, third-party facilitator.⁸¹

e) The just resolution process shall be completed within 90 days from the date the bishop initiates the process.

(1) The complainant(s) shall be a party to the resolution process and every effort shall be made to have the complainant(s) agree to the resolution before it may take effect.

(2) If resolution is achieved, a written statement of resolution, including any terms and conditions, shall be signed by all the parties and all the parties shall agree on any matters to be disclosed to any third parties.

(3) If resolution is not achieved, the bishop shall:

(a) Dismiss the complaint with the consent of the cabinet giving the reasons therefore in writing, a copy of which shall be placed in the clergyperson’s file; or

(b) Refer the matter to the counsel for the Church as a complaint.

f) The entire process leading to a signed just resolution agreement shall be reviewed by the Administrative Review Committee (¶ 635) prior to the final disposition of the complaint.

g) A just resolution agreement, agreed to and signed by all parties, shall be the final disposition of the complaint.

7. Suspension—When deemed appropriate, to protect the well-being of the person making the complaint, the congregation, annual conference, other context for ministry, and/or clergy, the bishop, with the recommendation of the executive committee of the board of ordained ministry, may suspend the person from all clergy responsibilities, but not from an appointment, for a period not to exceed 90 days. With the agreement of the executive committee of the board of ordained ministry, the bishop may extend the suspension for only one additional period not to exceed 30 days. During the suspension, salary, housing, and benefits provided by a pastoral charge will continue at a level no less than on the date of suspension.82 The person so suspended shall retain all rights and privileges as stated in ¶ 317 (licensed pastors), ¶ 321 (associate members), ¶ 329 (deacons), or ¶ 334 (elders). The cost of supply of pastoral leadership during the suspension will be borne by the annual conference.⁸³

8. Supervisory Follow-up and Healing—

a) The bishop and cabinet shall provide a process for healing within the congregation, annual conference, or other context of ministry in which the offense occurred. This process may include sharing of information by the bishop or the bishop’s designee about the nature of the complaint without disclosing the name(s) of the complainant(s) or alleged facts which may compromise any possible forthcoming administrative, judicial, or just resolution process. When facts are disclosed, due regard should be given to the interests and needs of all concerned, including the respondent and complainant who may be involved in an administrative or judicial process. This process for healing may include a just resolution process or other professionally-led processes which address unresolved conflicts, support for victims, and reconciliation for parties involved.⁸⁴ These healing processes may take place at any time during the supervisory, complaint, or trial process.

b) The bishop may choose to deploy a trained Response/Intervention/Care Team. Team members often have expertise and training in specific areas of trauma and are ready to be deployed by the bishop or bishop’s designee to facilitate the process of healing.

9. Abeyance—A complaint may be held in abeyance with the approval of the Board of Ordained Ministry if civil authorities are involved or their involvement is imminent on matters covered by the complaint. The 3 statuses of complaints held in abeyance shall be reviewed at a minimum of every 90 days by the bishop and the executive committee of the Board of Ordained Ministry to ensure that the involvement of civil authorities is still a valid impediment for proceeding with the resolution of a complaint. Abeyance of a complaint may be terminated by either the bishop or the Board of Ordained Ministry. The time in which a complaint is held in abeyance shall not count toward the statute of limitations. A clergyperson shall continue to hold his or her current status while a complaint is held in abeyance.

10. Time Limitation—All original time limitations in ¶ 363 may be extended for one 30-day period upon the consent of the complainant and the respondent.

80. See Judicial Council Decision 777.
81. See Judicial Council Decisions 691.
82. See Judicial Council Decision 776.
83. See Judicial Council Decisions 534, 836. 
84. See Judicial Council Decision 763.

From The Book of Discipline of The United Methodist Church - 2020/2024. Copyright © 2024 by The United Methodist Publishing House. Used by permission.