The case of the boundary hoppers

Legal Issues Concerning Ministry

From Mary Angela Shaughnessy, Ministry and the Law: What You Need to Know

(New York and Mahwah: Paulist, 1998), pp. 1-2.

True or False?

1. 
   _____ Persons in private institutions such as churches do not have the same rights they would have if they were in public institutions.
   

2. 
   _____ Handbooks and brochures promoting programs can be considered contracts.
   

3. 
   _____ Since adults can be held responsible for accidents occurring to children and adolescents under their care, persons under the age of 18 should never be left unsupervised.
   

4. 
   _____ Volunteers are not held to the same degree of legal responsibility as are paid staff.
   

5. 
   _____ Because of the doctrine of separation of church and state, churches and other religious organizations are not bound by discrimination law.
   

6. 
   _____ Since the possibility of allegations of abuse always exists, ministers should never be alone with persons under the age of 18.
   

7. 
   _____ Civil employment law can apply to the employment of individuals in church-related institutions.
   

8. 
   _____ Abuse of persons must involve some type of physical contact.
   

9. 
   _____ Ministers can be held liable for a young person’s sexual harassment of another.
   

10. 
    _____ Ministers, both ordained and non-ordained, are permitted to keep confidential any information which is revealed to them in the ministerial setting.
    

The Application of Civil Law to Common Parish Situations

Based on M. A. Shaughnessy, A Primer on Law, 1992
The Case of the Crowded Church

(Statutes and Regulations)

St. Hedwig’s Church is bursting at the seams. Not only are its six Sunday Masses crowded, but attendance regularly exceeds the number of persons allowed by law in the Church building. The fire department has regularly warned the pastor that his Masses constitute a hazard. Last year, at the Easter vigil, the Easter candle was lit and the fire passed throughout the congregation by means of candles distributed at the door. One lady’s wig caught on fire, and the wig was snatched from her head and the fire smothered. This created a slight panic, and reports of the fire found their way to the Fire Chief. Thereafter, he began to send officers to monitor Mass attendance and, when the Church was full, to prevent parishioners from entering the building. The pastor complained that his right to freedom of interference from civil authorities in religious matters was being violated. What classification of law is at issue? Is the pastor’s complaint justified?
The Dismissed Child

(Common Law)

St. Bridget’s School has declared itself a “drug free zone” and stated explicitly that it has a policy of “zero tolerance” for drugs. An eighth grade boy is caught smoking marijuana in the bathroom and sharing it with some of his schoolmates. The schoolmates are suspended for a week and the boy is dismissed. The parents are informed by telephone. The parents complain that this is not fair. The principal responds that the constitutional provision of due process does not apply. Who is right?
The Pro-Life Militant

(Contract Law)

St. Mary’s Church has an extensive religious education program which uses volunteer teachers. Teachers are excused from paying religious education fees for their own children. The program is well-administered, but there is no religious education handbook which explains the program’s philosophy on the rights and responsibilities of volunteers. One of the volunteer junior high religious education teachers, John B., is a militant about the right to life. Because John believes that abortion is the greatest social evil, he usually steers his discussions to that topic. He teaches that abortion clinic operators are grave sinners and that Catholics are obligated to do everything in their power to halt the murder of the unborn. Parents begin to complain about John’s classes, and the DRE asks him to resign. John complains that his rights have been violated and that he was never told not to teach about abortion. Has the parish broken an unofficial contract with him?

The forced resignation of John creates ill-will. Members of the parish Social Justice Committee, who are partisans of John, protest his forced resignation. The parents of the children in John’s class, however, are delighted. Father Vasquez, the pastor, meets with Mrs. Morales, the DRE. They want to mend fences with the Social Justice Committee and ensure the problem doesn’t happen again. What principles of volunteer supervision ought to apply?

The Unattended Children

(Tort Law)

St. Martin’s Church is a large and busy parish. On any given Sunday, the rooms of the multi-purpose building are full of people—child care providers, dismissal catechesis for the RCIA, hospitality workers, parish program coordinators, etc. Linda and Lulu are in charge of the pre-school program during the 9:30 Mass, and Joseph and Mary are supposed to be responsible at the 11:00 Mass. Although there is is no handbook for volunteers, nevertheless all four are responsible and experienced. By volunteering, they do not have to pay a fee for their own children’s religious education.
At the end of the 9:30 Mass, most of the children are picked up, but five kindergarten age children remain. They are the sons and daughters of the parent coordinators of the Confirmation program. Linda and Lulu need to leave, but they are waiting for Joseph and Mary, who at 10:45 still have not come. Linda leaves Lulu alone with the kindergartners. Lulu has to go as well, and asks the DRE to take over, but the DRE is too busy. The halls are full of adults. Finally, Lulu leaves the kindergartners alone while she goes out to find their parents. One of the kindergartners falls and cuts his head. When his parents finally arrive, they find the boy crying. They claim that Lulu and the R.E. program were negligent in leaving the child unattended. What issues are at stake?
The Accused Teacher

(Tort Law)

Robert J. is the full-time DRE at All Saints Church. On a fall evening, one of his volunteer junior high teachers is ill, so Robert takes the religious education classroom. During the class, Billie, a troubled seventh-grade boy, excuses himself to go to the restroom. He is gone for a long time. Robert goes to check on him, and finds him in the bathroom, stupefied and incoherent. Robert suspects drug use. He takes the boy by the hand, and the boy resists. Robert insists that he come to the RE office. Eventually, after pulling and some resistance, Billie complies.
The next day, Billie’s mother telephones the parish and accuses Robert of sexually abusing her son. Her evidence is Billie’s word and the red marks on his wrists. The pastor immediately puts into effect the diocesan policy on abuse of minors. Robert is suspended with pay. The diocese is informed, a response team is created to investigate, and the authorities are notified. Eventually, after a trial, Robert is fully cleared and is reinstated. When he returns to work, he sets about creating a religious education handbook. What should it contain?