Doing Justice in Cases of Clergy Abuse of Power: A Legal Perspective

Abstract

ABSTRACT This two-part article summarizes sexual harassment law as developed from employment and educational cases since 1986. By analogy it suggests how best practices in the secular world may provide useful insights to faith communities addressing the abuse of power sexually by their clergy and lay leaders. The article proposes a model for investigating and adjudicating allegations of ethical violations. “Fair process,” rather than constitutional “due process,” is explained and advocated for faith communities. Accountability is framed in terms of restorative rather than retributive justice.