Response Following Notice of Sexual Offender in Church Sponsored BSA Troop

9/17/2023

In early May, Scott Sauls was placed on leave due to a toxic work culture then indefinitely suspended. In the past week, there was an article regarding PCA denomination accountability describing how “groups of former and current staff at Christ Presbyterian wrote letters to the church’s elders requesting a third-party evaluation”. This request has been dismissed, and the presbytery or church haven’t disclosed findings from their inquiry to church members or staff.

Shortly after learning that Scott Sauls was placed on leave and indefinitely suspended, I contacted CPC elders and Neil Spence of The Nashville Presbytery on May 19, 2023, and received a response the same day. In the past, I had contacted Scott Sauls, Todd Teller, and Christ Presbyterian in 2017/2018 as referenced in a past blog post. The reason why I had contacted them in the past was to notify them of a convicted sexual offender in the boy scout troop CPC sponsors. I also emailed Scott Sauls a second time asking for advocacy related to the handling of child sexual abuse cases in our community due to his exposure and knowledge of a case.

My email to the CPC Elders and Neil Spence reads in part:

I am not sure what response, if any, Scott Sauls or Todd Teller made in light of my report.

Given the recent reports of Sauls’ conduct, I am requesting you follow up. 

Over the last several years, there has been increased awareness regarding abuse in churches and other Christian contexts. In my family’s case, we have pursued care related to the abuse. And, I am grateful as we have experienced the faithful shepherding of Jesus who provides help while we are in need. 

Not only has their been increased awareness regarding abuse in churches along with the hurtful responses many experience, but if you are paying attention, there has also been publication related to inadequate responses of law enforcement and DCS related to abuse in our own community – see articles below. 

Knowing that CSA is often under investigated in our community is troubling. In the BSA troop’s case sponsored by CPC, there was a convicted offender participating without leaders being aware. 

In our family’s case, a report was made, but parents of toddlers were not informed of exposure despite the most severe allegations. Considering other potential victims is part of DCS protocol. An organization can use law enforcement and DCS inaction to deflect legal responsibility and will likely be guided to do so.

However, I do not see anywhere in Scripture that says, “Well done, good and faithful servant, you successfully limited your church’s financial liability.” 

Or, “The wounded sheep on the side of the road — the authorities passed them by. You are off the hook.”

My second contact referenced in my blog was regarding advocacy due to issues in our community. I understand pastors receive a lot of requests for advocacy particularly when high ranking Government officials attend. No one person or group can advocate for every issue someone presents. We live in a fractured world and community that feels like it is tearing apart at the seems with much in need of repair.

Scott Sauls was in a unique position in this case in that there are not that many people in the community that have the capacity to confirm to some degree the issues I presented. 

Personally, I do not enjoy sharing this information. Given the recent news, I felt compelled to make contact with your church and Presbytery.

‘Systemic failures’ of police investigations imperiled child sex abuse cases, prosecutor says

Audit: Tennessee Department of Children’s Services failed to investigate sexual abuse

Tennessee child advocates raise alarm as GOP moves to dissolve child advocacy commission

Neil Spence replied as follows:

Thank you for your email concerning this urgent and serious subject.  I have received your communication on behalf of Nashville Presbytery and will forward it to the appropriate individuals.

Grace to You,

R. Neil Spence

Stated Clerk

I do not know what concerns or complaints the current and former members of Christ Presbyterian Church shared with the elders or Nashville Presbytery. As the inquiry has not been as robust or transparent as current and former staff had hoped, I am sharing my letter so that church members, staff, and the community are made aware of these serious issues.

For additional background information, I have written three blog posts describing my family’s experience in a series titled “Cover-Up in Williamson County”. See Part 1 , Part 2, and Part 3.

Complacent or Complicit?

This is Part 3 of my family’s #churchtoo story. I will be filling in some of the blank spots and adding in a timeline. You will find the prior stories below.

Part 1 – Police and DCS Response to Child Abuse Allegations in Church Childcare Setting

Part 2 – Confidentiality Agreements Conceal Abuse

In addition, reading the post about financial misconduct in a Franklin, TN SBC church may be helpful as well.

Handling Financial Misconduct Internally in an SBC Church

For background, the family of a victim in a church childcare setting in Brentwood, TN, reported to DCS in August 2014 alleging a teen male Sunday School teacher had orally and anally raped their three-year-old son during Sunday school. My son was under the supervision of this offender both in the two-year-old classroom which ended in early August 2014 and the three-year-old classroom which began August 10, 2014.

Initial Church Disclosure

Approximately 11 months later, we received an email from the church informing us of a meeting regarding an incident that happened in our child’s three-year-old classroom during the current ministry year. During our meeting on August 2, 2015, we learned there were allegations of an incident of a sexual nature between two juveniles in our child’s class. A police investigation had been completed, charges had been filed, and a court date was pending.  They really wanted to tell us earlier, but they couldn’t. Because of the juvenile nature, they could not give us more information. If the offender was an adult, they would have been able to give us more information. They did not tell us the date other than it was sometime in the prior ministry year (the ministry year begins and ends in August with the start of the school year). They did not tell us when the investigation was completed or when the charges were filed. They made it sound like they reported the incident to the families immediately after charges were filed.  

At this point, the teen still attended church and youth group. There was an adult assigned to monitor him and know where he was at all times when he was in youth group.

During the meeting, they called it a one-time incident and that police said it was the safest place in Brentwood. They said that they would be providing additional communications with us as the case progressed.

We were told there had been tightening up the security of the building – measures such as ensuring there were no accessible unlocked closets.  

The children’s minister handed out forms on discussing abuse with children. The main speaker(a pastor/elder – not the children’s minister) closed by saying that he was not issuing an official gag order. But, he did say to use discretion. If we needed to talk to anyone such as for counseling, he said we could contact either him or one of two other pastor/elders. He passed out a sheet of paper with their contact information. (Note: None of these pastors are mental health counselors. One is a degreed accountant.)

In my brief discussion with the one friend of mine with a child in the class, she made it sound like those in her group (she met with pastors and elders at a different hour) handled the information just fine, in a matter of fact fashion, like any other informational meeting – though she wouldn’t discuss any further, referred to a no-gossip policy, and reminded me that the pastors were the appropriate place to take my concerns and not talk around with others.

Follow-Up on Case

On November 8, 2015, I had followed up with one of the pastors since we had not received any communications from the church about the case as promised. I received a reply to my email via a phone call to tell me that there would be no communications from the church.  He did say that he heard from a “source” that the perpetrator was through the courts. They said he would no longer be on the church campus.

I told him that my children took an extra-curricular class on the church campus.  One of the mothers had commented on the obvious stepped up security and said, “something serious must have happened here”.

As I had mentioned that we were no longer attending the church on Sundays, this pastor also mentioned that security was stepped up on Sundays.  They wanted to make sure the building was less “porous”. I mentioned that when we volunteered on Sunday mornings there was a side door unlocked and unsecured between an outside building and the primary classroom of the class we volunteered in that was used to go back and forth between the two places.  This (formerly) unsecured and unlocked side door is also right by the playground.

I told him that the situation was traumatizing and given the obvious changes that communication is important.

Shock Over Reports of Allegations

On November 30, 2015, we heard of the details of the originally reported incident on News Channel 5. By the next day, other media outlets like the Tennessean had similar articles.

A lawsuit was filed against the church by the family who reported an incident in August 2014. They alleged the their three-year-old son was anally and orally raped including penetration by his Sunday school teacher. The teacher had already been convicted of aggravated sexual battery.

At this point, we were terribly distressed, as we never had imagined that parents would be kept totally in the dark with such severe allegations made against the teacher.

In my prior posts, I shared that we sought both spiritual and legal guidance and learned that no one – not the church or the police – could provide us any assurance that our child was safe from harm while under the supervision of the offender.  Not only that, but the police later acknowledged that our child was exposed to the offender and that there was potential for harm.

police communications part 3

The church made the statement, “In our cooperation with authorities and our communications with parents, there has been nothing to suggest that this was more than a one-time, isolated event.”

However, there were no investigations of children or families as potential victims or witnesses. In addition, the primary teacher was the offender’s mother and the third teacher was his sister. From what I have learned is that they did not communicate with police.

Even though nobody was aware(or at least admitted to any awareness) of any additional victims at that time, there was no concrete evidence that the children under the supervision of the offender were actually safe from harm.

There may be those who are reading this thinking – well, what does it matter? If a child suffered a horrific sexual attack at the age of two or three years old, they are not going to remember it anyway. I have heard this argument before. So, is this actually true? Also, this information is upsetting to parents. Is it better for them to remain in the dark and unaware of any risks to their child, so as not to upset them?

Evidence suggests that maltreatment in the early years does matter. For those of you who are unconvinced, please see the resources below.

https://www.tn.gov/dcs/program-areas/child-health/aces.html

ACEs_Case_Attention_Action

https://www.childwelfare.gov/pubPDFs/brain_development.pdf

Re-victimization study

One the counseling side, some of the first work that the therapist did with my son was body safety teaching. I believe this is very important for children who may have had their body boundaries breached. I also think that families need to be able to discuss exposure to a sexual offender with their children’s medical doctors.

I just can’t fathom why caring adults would maintain a position of do-nothingness when there is a potential of harm against the most vulnerable in a faith community.

At the time of the press release of the publicly filed lawsuit, neither the police or DCS offered any comment. This is despite during a private conversation on December 23, 2015, John Wood told me personally, “The onus of disclosure was on the church.  They are in big trouble and have a lot to answer for.”  He also said something to the effect that some people are in denial that there are deviants. 

This was after the church had already stated that the church’s actions were in accordance with the authorities. Things were not adding up to us.

Conversation with Plaintiff’s Attorney

In December 2015, I also contacted the attorney who represented the family who filed the lawsuit against the church. I told her I was in correspondence with the church.  I wanted to know what the victim’s family wanted us to know about the case. She sent me the complaint. She said the victim’s family met with the whole elder body shortly after the incident and that other families were not informed of the incident because there was not a unanimous decision among the elder body to share the information.  The church requires unanimity among elder board for decisions. She said the family was concerned for the other children who attended the same class. She said the perpetrator was “tricky” and had undergone a psychological evaluation. She said that some people who had contacted her up to that point were scared.

I also told her about my prior church’s situation. She asked if I would be willing to be a witness should the case go to trial.

I was kind of confused about the elder board’s unanimous decision. I thought about it some more. Given that the authorities had given the church the directive to not tell the families about the incident, the church board would need to vote unanimously to go against the directive of authorities in order to inform the families. Just one dissenter would prevent the church from informing the families of the allegations.

After we had met with the pastors and Brandy Whitehead in December 2015, and I spoke to and attempted to report suspicions of abuse to Brentwood Police Detective John Wood, my husband emailed a request to the pastors to meet with the elder board on January 29, 2016.

Conversations with Other Church Members

In the month of February, I contacted the friend I knew from the class about our findings. She was shocked and visible shaken. I had spoken with her after the press release for the lawsuit, and both she and her husband had decided to “trust the church” at that point in time.

This family did come to understand that neither the church or the authorities could provide any assurance of safety for their children. They met with the two pastors just like we did. They did share with the pastors their child showed concerning signs in 2014, though they were prevented from sharing the specific signs with them.

We did speak to other families, including a long-time member. She had spoken to a former childcare employee and gave me her number to call.

Phone Call with Former Church Employee

In early May 2016, I had a conversation with this former church childcare employee. She and the children’s minister were the first individuals from the church to hear the allegations. They wanted to come early in the morning to intercept the family to prevent them from teaching.  

The family (perpetrator’s) denied anything happened.  The childcare employee made it sound like the church staff did not know how the family ran the class.  It sounds like they were not keeping tabs of that. She offered no assurance that the kids in that class were safe.  

She said they (I am assuming elders or decision making pastors) knew the allegations.  She believed they believed something happened but didn’t know exactly what it was.

She was told that police and DHS(she said DHS not DCS) were looking into the situation.  The church was told to hold off on sharing the information. She had a hard time with the fact that the parents were not told.  She feels like parents should have been informed. She wanted them to be able to look out for signs of abuse. At some point, she was sat down with a church attorney, Alan Hall, who informed her that “the church would be okay” if they were following police instructions.  She thought about going against church orders. There were closed door meetings that she wanted to attend that she was not permitted to attend. She also asked to be at the parent disclosure meeting. She feels like the church mishandled the situation. During this phone conversation, she denied that there was a cover-up.  She said the police did tell the church not to tell families.

Related to the “church being okay” if they were following police instructions, we were advised that the church would not be liable for the delay in disclosure if they were following police instructions.

She said something about the church trying to avoid “bad press”.

She also said the Brentwood police department worked for the church providing security including the 8 am service.    

She took issue with the allegations that they didn’t train volunteers and don’t do background checks.  

She said the child victim was very verbal and was vocal about sharing his opinions.  She knew the family well as she used to babysit for their children. The mother of the victim’s family used to work for the church.  

It appears that this child care staff person has spoken to a number of people from the church. Some people think the lawsuit is wrong and others are upset with the church.

She said that she had visited the Davis House.  She said that someone else from the church had gone through the Davis house as well.

She said at some point the “Doe” family stopped communicating with the church directly.

DCS Investigation

We continued our medical and psychological evaluations for our son. On May 11, 2016, a representative from the church reported suspicions of abuse, and a case was opened. We met with a DCS investigator, Heather Seabrooks, on May 13, 2016. In my discussion with the DCS investigator, she conveyed to me that in daycare cases she interviews all the children who can be interviewed and parents. She was very surprised when I said that I had not ever spoken to anyone from DCS so much so that she had a hard time believing what she was hearing. She had tried to do some research into the case before meeting with me. There is no one from her team that was there during the time period of the incident. So, she had a hard time finding information. Following our Friday morning meeting, she was planning to go back to the office and find more information. I also gave her a former church childcare employee’s number – one of the individuals who the victim’s family reported the abuse to first at the church. I told her that she would know the name of the perpetrator and would have the class records.  She also said that she would be making an attempt to contact other families from the class. We also dealt with logistics such as signs of releases for the various specialists our son was seeing. She also explained to us the DCS process such that there was a 60 day period to classify the case.

CPS Investigative Tasks Current

CPS Investigative Tasks 2014

A forensic interview was scheduled at the child advocacy center on June 3, 2016. During this appointment, an advocate from the child advocacy center talked with us. She told us that we were the first family from the victim’s class after the original victim to come through the Davis House.  She was surprised that it took this long for anyone to come forward. We talked to her about the one-time incident conclusion. She said – first time to get caught. She gave us a resource book of counselors. I told her that we were having a hard time with people believing we should be concerned given that the church and police were involved.  She said there was legitimate cause for us to be concerned.

Her team (DCS, detective, and Davis house) doesn’t think the church handled the situation well.  But she said it was their church. They can run things any way they would like.

We requested a meeting with Detective John Wood, the investigator with the Brentwood Police Department. She and the DCS investigator said they would pass along our message. We never got a contact back from him about a meeting.

The child advocacy center did wonder initially if they were going to be interviewing the whole class of children.  Something about the investigation led the investigator to believe it was an isolated incident and other families were not investigated.  The advocate we spoke with thought maybe the investigator considered the perpetrator to be believable. She explain that the teen denied the incident for a long time – all the way up to the court hearing –  so he is not trustworthy.

After the forensic interview on June 3, 2016, we received no contacts from either Heather Seabrooks or John Wood. I contacted Heather Seabrooks multiple times and received no reply after asking for updates on the case. Both prior and after the forensic interview, I also reported suspicions of abuse related to concerns with another child in the class.

By July 26, 2016, the church reviewed our evidences of abuse.

On August 5, 2016, John Wood called and left a message on my husband’s cell phone. He closed the case and said there was no evidence of injuries related to anything at the church. He also asked us to contact him should there be any updates on the medical side.

During this time period, we also voiced our concerns to DA Kim Helper’s office. We received a reply from her in late September 2016. She denied any bias in the initial investigation, and she could not answer a lot of our questions due to confidentiality based on the juvenile nature of the cases.

I also got a copy of the DCS file to review. After my son’s forensic interview at the child advocacy center, the report notes that the DCS investigator went to the house of the alleged perpetrator on June 6, 2016, but she was not able to make contact. She left a card. There was no activity on the case until July 28, 2016, when she called the pediatrician’s office and asked if the pediatrician (not the specialist) knew the etiology of my son’s symptoms. The pediatrician did not know. I saw the pediatrician’s medical record was time stamped 10:31 am to 10:54 am on July 28, 2016. The case was classified unsubstantiated due to no verbal statement and that the medical records could not be used to determine abuse. On August 3, 2016, Heather Seabrooks provided a case update for two separate staff people at the church via phone messages.

When I read the record and I thought about John Wood’s phone conversations, I was a little confused. If he was interested in being updated on the medical side, why did he not consult the relevant doctor. The most recent medical tests, which were done in mid and late July 2016, were not in the pediatrician’s medical file.

Second Conversation with Church Employee

In mid October 2016, I spoke with the former church employee again. During this conversation, she said that she doesn’t think the incident and the way it was handled can be anything but a gross cover-up.

She said that there have been other allegations of abuse incidents in churches in Williamson county.  We don’t hear about it, because it is not publicized.

I told her about my experience at a previous church with the vague disclosure of the “financial indiscretion” with the two-way confidentiality agreement between the offending pastor and Senior Pastor. I felt like it was handled similarly though the type of misconduct was different.

We discussed the idea that the families would likely have never been notified if charges were not filed.

Thinking of the pattern at the church – let’s say a church is given some instruction to “keep it confidential during the investigation” all the while police/DCS don’t contact parents or interview other kids.  A church may feel like they don’t have the civil obligation and would not be civilly liable to disclose to parents until and unless charges are filed. So, if DCS calls it unsubstantiated or no charges are ever filed, parents with children exposed to an alleged offender would never hear of it.  In our son’s case, the August 2015 disclosure was vague. We only heard the original allegations and became aware of the risks our son was exposed to because the “Doe” family filed a lawsuit against the church.

After the time of the disclosure of the incident to families in August 2015, the childcare staff tried to talk to the families after their meetings to see how they felt.  We didn’t go to the church after that meeting, so we didn’t have a chance to talk to the childcare staff.

We discussed the teen’s consequences and that we both had heard different information as to whether he was a registered sex offender.

She explained to me that even though one of the main pastors resigned, he will still be responsible legally.

She talked about her new church(out of state.).  She said that she appreciated that they seem transparent.  For instance, when a staff person resigned, they gave an explanation and shared what the staff person was moving on to.  It was not all hush-hush.

Communication with Brentwood Police

During this time period, we were continuing with medical evaluations and had another series of tests scheduled. I called Assistant District Attorney Jay Fahey as he handles the juvenile cases. I got a call from Brentwood Police Detective John Wood, and we spoke for about an hour.  He and the DCS investigator planned to get together over my son’s situation and would be getting back to me in a couple of weeks.  He told me to call back in 2 weeks if I don’t hear from him.  He knew that we have upcoming tests, and he planned to go over medical results. 

I asked him if there was any basis for no additional victims besides no verbal disclosure.  He said there was not. 

I told him that I understood that they have laws and statutes that must be followed.  I said that I believe that it is an injustice that parents aren’t permitted information about their children’s exposure to a volunteer with serious allegations in a timely and truthful fashion.  Perhaps our son could have avoided some of his medical testing. 

I also talked to him about some things we have learned about memory at young ages from therapists.  I can’t remember the technical verbiage that was used or exactly was said, but at the young age of 2 or 3, memories may not be transferred to long term memory part of the brain.  I told him I showed my son a picture of his teacher at the time(the mother of the teen offender), and he did not know who she was.    

After several weeks, I didn’t get a call back from John Woods. At this point, I had lost confidence in him. I wrote a letter to the Brentwood Police Chief, Representative Charles Sargent, and former Mayor Regina Smithson. I got a call back, and I came into the department and spoke to him, Assistant Police Chief Tommy Walsh, Captain David O’Neil, and Detective John Wood.

Police Chief Jeff Hughes started off by saying that Regina Smithson saw the email and that she would let them take care of my concerns. He also shared that he was friends with Representative Charles Sargent.

Captain David O’Neill ensured that if there are allegations of sexual misconduct in a child care setting, such as a church’s children’s class or nursery, that they would make certain that each of the parents in the class would be contacted.  So, at the very least, in Brentwood a parent should expect a contact if their child has been under the supervision of an alleged sexual predator in a church childcare setting.

They did seem to have a genuine sense of concern over the situation.  There was a sense that people often can only learn about how to handle situations more effectively through hindsight.

I don’t know if contact with families under a similar scenario can be assured elsewhere in TN.  They said no laws were broken in the way things were handled following the August 2014 incident.

They made it sound like they relied on the church to inform the parents.  It does not sound like it was the department’s intention for the families to be informed at such a late date and in the manner in which we were informed (incident between two juveniles of a sexual nature).  There was some discussion that DHS could have asked the church to not inform parents or there could have been some statement or conversation of that nature, but they don’t believe the intention of such a statement would be waiting a year to tell parents.

They said the police are limited about what they can say about a case and can actually be prosecuted for sharing particular information.

I don’t think the church staff have the same restrictions.  From what I understand, it would not be illegal for them to repeat the allegations the victim’s family shared with the elder board.  But, for the church, it is a civil matter. On the perpetrator end, they have to be concerned about slander and being sued by him or his family.  With respect to the parents of the children in the Sunday School class, they have a duty to warn.

There was some acknowledgement that churches don’t deal with this sort of thing all the time – not familiar territory for them. (Though, sexual abuse cases are familiar territory for law enforcement.)

John Wood did say that he met with a pastor and the head of the Davis House about writing a letter to the parents.  The only letter that we received was the July 30, 2015, email. So, I don’t know if this was earlier in the process or if he was referring to the July 30 email.

John Wood denied he made the statement about the church being the safest place in Brentwood.

They were interested in seeing the medical records after the next set of medical tests.  They did say that the testing has to be 99% definitive to prosecute.

The BPD chief asked if my son had been interviewed.  I said that he had in June 2016. I also shared that due to his young age, he cannot be expected to know events from two plus years ago. I had shared that I showed my son a picture of the main teacher he had every week for one year, and he did not recognize her.

Because he was not interviewed in 2014, we can never know whether he would have given some verbal statement (rudimentary or not).  Also, we can never be sure if any of the other children could have given a verbal statement as they were not interviewed or even given an opportunity to be interviewed in a timely manner.

Regarding interviewing the teen, they cannot compel anyone to speak to them.  I am free to attempt contact with the family. I explained that I already attempted contact. 

DCS Contacts

I continued sharing similar sets of concerns with DCS by email, but shared specific concerns regarding the DCS process. I inquired as to why the case at the church deviated from typical protocol – interviewing children and families and considering the possibility of additional victims. The delay made ascertaining abuse significantly more difficult and contributed to the suffering our our child and family.

Quoted from my email dated November 16, 2016, to DCS Head of Safety Dimple Dudley and Representative Charles Sargent,

“It is a significant public safety issue that parents can have no assurance that they would be contacted should their child be exposed to an alleged predator in a church childcare setting.  Many churches are very large and people in attendance are virtual strangers.  There is no surefire way for a parent to learn of incidents through informal channels.  Even though these very large churches are private organizations, they do invite the public into their premises and provide childcare for parents attending worship services.  Should families in Tennessee come to expect no contact either as a witness or a potential victim if they are in a church childcare setting?”

Frustrated that I didn’t receive a response from DCS, I recalled that the children’s minister from the church had connections to DCS through various foster care and adoption initiatives. I reached out to him on November 27, 2016, and asked for his help in the matter due to his connections. I explained that I think it is important that he know of the conduct during DCS investigations in that it relates to the children who were entrusted to his care. Specifically, in the email, I shared, “This situation has been highly distressing and a horrific nightmare for our family, and I would appreciate your assistance in looking into these concerns.”

Legislative Advocacy

I continued speaking with Brentwood Police in early 2017. In addition, I sent files of information detailing my experience with all parties to both the Brentwood Police and DCS.

As it appeared that this was a case in which all of the parties met the minimum requirements of the law yet classrooms full of children were ignored as either potential victims or witness, I came to the conclusion that I believe laws need to change. I began contacting my local Senator Johnson, Representative Sargent, and the Governor and his wife.

After I sent my first letter on September 29, 2017, suggesting that we need laws mandating disclosure to parents should their be allegations of abuse against an individual in a supervisory capacity, I received a message back from Senator Johnson’s office. We met several weeks later to discuss the issues. He did indicate that he believed that parents should have access to this kind of information and that waiting one year was too long. He also said that it is important to anticipate concerns from potentially affected groups such as the Boy Scouts. He indicated the need for legal research.

Curiously, during the discussion, he said, “Of course there are allegations you don’t hear about. There are a lot of churches in Williamson County.”

One of the statements that the former childcare worker said was that she doesn’t think the incident and the way it was handled can be anything but a gross cover-up.  She said that there have been other allegations of abuse incidents in churches in Williamson county. We don’t hear about it, because it is not publicized.

It seemed like he could be talking about this statement. However, I never shared this information with Senator Johnson. I had, however, shared this information with the Brentwood police.

He also referred to John Wood’s request for follow-up with my son’s medical situation on August 5, 2016. He suggested that John Wood was concerned there was negligence on the part of the church.

I had been confused as to why there was a request for follow-up for several reasons. First, John Wood didn’t even reach out to the relevant specialist in the first place. Secondly, there was this plea deal that Detective Russ had referred to.

I didn’t share this information with Senator Johnson either. Based on several parts of the conversation, it seemed like he had prior knowledge of the situation beyond what I had personally shared with him.

I don’t know how he got the information. Did he speak directly to the police? His wife is a Williamson County judge. Did she speak to the police and then share the information with her husband?

One thing I am concerned about after having witnessed misconduct in two church settings in Williamson County is that there may be a “blueprint” response to allegations of abuse in faith-based settings. Let’s say a report of abuse is made in a church setting. Police and/or DCS come in and tell the leaders to keep the case confidential and not inform families. This relieves the church of the duty to warn parents of the risks their children were exposed to. Child sexual abuse cases are difficult to substantiate and prosecute, so the likelihood of charges actually being filed are very slim. In addition, I have heard plenty of instances of faith communities using theologies like forgiveness and grace to pressure victims or parents into dropping a case.

In addition, the church and alleged offender may not share information with the police that would negatively impact them. Would a church voluntarily tell the police that best practices protocol are not being followed (if they even know what those are)?

Given that the situation in Brentwood, TN, was protective of everyone involved except for the vulnerable children under the supervision of the offender, I believe the state and local authorities need to examine the conduct and responses that lead to that end. If abuse reports are handled in the future in the manner they were handled in Brentwood, TN, knowing full well they are protective of institutions and offenders, I consider that government sanctioned cover-up of child sexual abuse.

I have shared in my past posts legislative changes that I believe are essential in Tennessee. Below I have included a copy of the letter dated January 3, 2018, that I sent to members of the Members of the Tennessee House Civil and Criminal Justice Committees as well as Governor and First Lady Haslam advocating these changes.

Jane
Jan 3, 2018
to rep.andrew.far., rep.debra.moody, rep.bill.beck, rep.mike.carter, rep.glen.casada, rep.martin.dan., rep.john.forge., rep.ga.hardaway, rep.courtney.r., rep.mike.stewa., rep.bryan.terry, rep.william.la., rep.michial.cu., rep.raumesh.ak., rep.jim.coley, rep.tilman.goi., rep.sherry.jon., rep.mary.littl., rep.antonio.pa., rep.paul.sherr., rep.micah.vanh., Bill.Haslam, crissy.haslam

Dear Members of the Tennessee House Civil and Criminal Justice Committees:

I am writing to you because we need new laws in Tennessee to protect children in unlicensed classrooms and group childcare settings in which allegations of abuse or neglect arise against an individual in a supervisory role.  Unlicensed settings can include sports teams, mother’s day out programs, Sunday school classes, and gymnastics and dance classes.

Specifically, we need to pursue new laws such as follows:

  1. A mandatory notice will be given to parents and/or guardians of minors who were under the supervision of an individual in which allegations of abuse have been reported.
  2. Confidentiality agreements related to child sexual abuse cases need to be banned.
  3. Confidentiality agreements related to sexual assault, sexual harassment, and sex discrimination cases need to be banned.

For a more detailed explanation of my family’s experience specifying the need for a mandatory notice, please see my attached letter that is dated September 29, 2017.

As an update to this September 29 letter, I have met with Senator Johnson regarding a mandatory a notice.  He agreed that families should be made aware of allegations against individuals in supervisory roles and indicated the need for legal research.  I have not heard back from inquiries.

In addition, I have shared my concerns regarding the case with all parties involved and the individuals to whom they are accountable.  For your reference, I have attached documents that detail my concerns about the case with DCS, the Brentwood Police, and attorneys.

A mandatory notice must be given to parents and/or guardians when there are allegations of abuse against an authority figure.  Parents need this information in order to make informed parenting decisions regarding the mental and physical well-being of their child.  This is especially important when dealing with young children or those with developmental disabilities. Above all, the physical and mental health and well-being of the vulnerable children who have been under the supervision of an alleged offender should be the top priority.  It is an unfair burden to place on a young child to verbally disclose abuse in order to receive help and healing. Compared to older children and adults, there is a shorter window of opportunity in which to administer a productive interview.

Adverse childhood experiences such as child sexual abuse can have a long term impact on a child’s mental and physical health and well-being.  I believe the state has an obligation to act on behalf of children exposed to an alleged offender that has been in a repeated supervisory role over young children.  After an initial report has been made alleging abuse against an authority figure, I am concerned that each of the involved party’s responsibilities may be delineated in such a way that each party can meet the minimum requirements of the law and fulfill the function of their agency, yet classrooms full of children under the supervision of a convicted offender for a year or more are completely ignored as potential victims or witnesses and parents and other caregivers are left completely unaware of the risks of which their child was exposed.

The notice needs to be within a designated time period and forthcoming.  Waiting a year after an allegation and after charges have been filed is much too late.  In addition, describing the alleged oral and anal rape of a three-year-old boy by a 14-year-old teacher as an “incident of a sexual nature between two juveniles” grossly minimizes the very severe allegations against our son’s teacher and the grave danger of which our son was exposed.  It was not until after the teacher’s conviction that we learned important details such as the allegations, incident date, and age and gender of both the offender and victim.

Just imagine if charges would not have been filed in my son’s teacher’s case.  I am not certain that we would have ever been given any notice regarding the allegations of abuse.  That is precisely what I am concerned may be happening in other settings in Tennessee. Sexual abuse allegations are very difficult to substantiate and prosecute, particularly for young children and those with developmental disabilities, but that does not mean it did not happen and that the vulnerable were not at risk for abuse and in need of intervention much like my son.  

I believe a mandatory notice would provide motivation for organizations that provide oversight to minors to shore up their abuse prevention protocol and training.  If there are allegations of abuse and protocol was not being followed or an organization cannot say for certain they are, they should have to answer to parents and guardians regarding the lack of oversight within the organization.  This is a reasonable minimal expectation for organizations that take on the task of providing care and protection over minors and the vulnerable.

I propose the following at a minimum for a notice:

  1. A copy of the notice given should be provided in writing and a record should be made of it.  All parties involved in a case should have access to these written records, including the dates, contents, the recipients of the notice, and the specific periods of time the children were under the supervision of the offender.
  2. If law enforcement feels like a delay in the notice is warranted, that needs to be made in writing as well along with the specific reasons.  
  3. It is to be given to all parents whose children have been under the supervision of an alleged offender – whether the accused individual is a lead instructor, assistant, floater, or minor.  If the alleged offender has held a position over children in previous ministry years, school years, semesters, or seasons, the parents of those children must be notified as well.
  4. The ages and genders of the alleged offender, the incident date, and the allegations will be presented.
  5. No false assurances of safety should be given.
  6. No statements or conduct should follow the notice that would have a silencing effect such as directing concerned parents to individuals who have access to funds for counseling which would include confidentiality agreements.
  7. The notice will be made as soon as possible.  The first contacts should be made within three days, and the contacts should be completed within two weeks of the initial report.

Documenting disclosures in writing might allow other people in the process to know and be certain the specifics of the other party’s communications.  In our family’s situation, it might help clarify why the teen was not only able to avoid juvenile detention but was also permitted a plea deal to avoid future prosecutions when only a portion of the families whose children were exposed to the offender was informed of an alleged incident before the court hearing.  (Please see attached text message of a mother whose son was enrolled in the offender’s class for an entire year but did not learn of the incident until after conviction.) What was Assistant District Attorney Jay Fahey told and by whom?

Secondly, we need legislation to ban confidentiality agreements related to child abuse, sexual assault, and harassment cases.  Child sexual abuse, assault, and harassment are all horrific societal ills that happen in secret.  Abuse and abusers thrive in secrecy. Sexual assault survivors deserve privacy if desired and child sexual assault survivors must be granted privacy.  Privacy should not be legally granted to institutions in which abuse is alleged to have occurred even when none of the parties has any plans of publicizing an alleged incident.  Abusers often silence victims with threats if secrets are told. Institutions use the same tactics with confidentiality agreements.

Confidentiality agreements should be banned between any parties that suppress knowledge of an alleged sexual offense.  This includes agreements that might include an organization, an alleged offender, alleged victims and their guardians, board members, and any employee or servant of an organization.  Facts that should not be suppressed are alleged incidents and the facts surrounding the alleged incidents including lapses in the adherence to current best practices in abuse prevention protocol and accountability structures.

Currently, within the state of California, there is a law which bans confidentiality agreements for cases of child sexual abuse and abuse of other vulnerable people.

http://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-1002.html

I have contacted an attorney in California who works with child sexual abuse victims.  His name is Robert Allard. He said he was involved in the above listed legislation to ban confidential settlements for child sexual abuse cases.  One argument that I have heard against confidentiality agreements is that it makes cases more difficult to settle and causes expensive court battles.  I specifically asked him if he found this to be the case. He said that in his experience it did not cause this result.

In addition, there is proposed legislation to ban confidential settlements in sexual assault, sexual harassment, and sex discrimination cases.

http://sd20.senate.ca.gov/news/2017-10-19-senator-leyva-ban-secret-settlements-sexual-assault-and-harassment-cases

I have contacted the office of California Senator Connie Leyva.  The staff person I spoke to on the phone said they will have draft language for the law they are proposing in the first week of January 2018.  She gave me her email so that they can email me that draft language when it becomes available.

On a national level, Tennessee Representatives Marsha Blackburn and Jim Cooper are joining with three other U.S. House members to try to out Congress members who have used taxpayer funds to settle sexual harassment claims, according to the article below.

http://www.tennessean.com/story/news/politics/2017/11/29/blackburn-cooper-bill-would-out-congress-members-who-use-taxpayer-funds-settle-sexual-harassment-cla/906198001/

Quoted in this article, Representative Cooper says, “No more cover-ups.  We need transparency, safety and appropriate behavior. Sexual misconduct has no place here, or anywhere.”

At the very least, the young and the vulnerable within the state of Tennessee should be afforded the same protections that our U.S. Representatives are seeking.  Secret settlements are a tool to cover-up and threaten victims into silence and serve to perpetuate abuse and the culture that allows sexual violence against children and the vulnerable to thrive.  I am asking that you remove this tool from the toolbox.

I will leave you with one final question.  If your child was under the supervision of an individual who was alleged to have orally and anally raped your child’s classmate, would you want to know in a timely and forthcoming fashion?  If the answer to that question is “yes”, please contact me so that we can pursue new laws in this state to ensure parents have this necessary information.

Sincerely,

Jane

Confidentiality Agreements Conceal Abuse

This is part 2 of my family’s #churchtoo story. Part 1 is linked below.

https://janespeaksup.com/2018/06/28/police-and-dcs-response-to-allegations-of-sexual-abuse-in-church-childcare-setting/

This #churchtoo story demonstrates the need for new laws in Tennessee to protect children in classrooms and group childcare settings in which allegations of abuse or neglect arise against an individual in a supervisory role. In my first post, I shared that the first is that a mandatory notice should be given to parents and/or guardians of minors who were under the supervision of an individual in which allegations of abuse have been reported. The second is that we need legislation to ban confidentiality agreements related to child abuse, sexual assault, and harassment cases.

I also said that I would not name the church or the city of the church in that post as there still may be families unaware of the risks their children were exposed to in this church. At this point, I am going to reveal that the city that these incidents took place in is Brentwood, TN. Detective John Wood was the initial detective on the case. The four officers that I met with in person were Chief Jeff Hughes, Assistant Chief Tommy Walsh, Captain David O’Neil, and Detective John Wood. The second detective assigned to the case was Detective Lori Russ. In the past, I reached out to Brentwood’s former Mayor Regina Smithson. I have also reached out to the current Mayor Jill Burgin and the City Manager Kirk Bednar to inform them of the way these incidents were handled.

I have attached a police communications file. In it, Detective Russ shares that she planned to speak to the church. See text highlighted in yellow. Did those conversations ever happen?

BPD Police Communications No Date

Much like the prior post, I will be sharing context for why I believe these legislative changes are necessary. First I will share some information that we learned from the church. Second, I will share my communications to the lead teacher’s family.

Almost one year after the initial report, parents of children who were in the offender’s class that current ministry year were notified of an “incident of a sexual nature”. We were also told that we would be notified as the case progressed. Months went by with no update. Three months after our meeting, I emailed one of the pastors who we were to call should we need counseling for an update. He called me back and told me that there would be no communications from the church.  He did say that he heard from a “source” that the perpetrator was through the courts.  This pastor also said the perpetrator would no longer be on the church campus.

Several weeks later, we learned from another source that the offender was convicted. At the same time we reached out to various people for legal and spiritual guidance, we also sought clarification from the church. My husband wrote a letter to pastors of the “incident” church and we scheduled a meeting in which Brandy Whitehead, Care Pastor at Church of the City, Franklin, attended both as an advocate and a witness.

Below are some of serious concerns noted in the letter.

1) When we met in xxxxxx, the charges were still allegations and a court date was pending. The description of the incident provided to us was vague.  We were told we’d be updated as the case proceeded.  From xxxxxx until now, we received no communication from church leadership.  (Jane) did email the church a few weeks ago xxxxxx for an update.  Though, we just came away with a vague understanding that the perpetrator had gone through the courts and was no longer allowed on xxxxxx property.  Why was it that we had to learn xxxxxxxxxx(about the allegations and convictions the way we did)?   

2) We don’t understand why the authorities asked you to keep the matter confidential from the parents of the other children in the class.  Why did the investigation not include having professionals interview the other children in the class and their parents?  And, why weren’t we notified immediately?  We were given a handout in xxxxxxxxx about how to discuss sexual abuse with our child, but how effective are these discussions nine plus months after the incident occurred compared with immediately afterwards especially with such young children who are only emerging communicators?

3) Your email said there was no reason to believe this was more than an isolated incident, but we don’t understand how you reached this conclusion.  Our family was not interviewed by anyone after the incident.  It would certainly seem plausible that before a xxxxxxxxxxxxxxxxx (a level 10 on a scale of one to 10 incident) there may have been other less severe incidents that could have occurred prior to this. Our child was with the same teachers the year before as well.  

During the meeting, the pastors affirmed that they had no assurance our child was safe from harm while under the supervision of the offender.

We had an opportunity to ask the questions listed during that meeting.  Regarding why they did not communicate with us as promised, first, they were dealing with some legal issues with the first disclosing victim’s family. Second,  they were bound by something else legally not to talk.  We were not sure what that was, and it seemed like they couldn’t share any more information.  Therefore, they did not continue communications with parents of other children in the classes as they had promised.

Regarding why the authorities asked the church to keep the matter confidential from the parents of the other children in the class, the detectives did not want the integrity of the investigation to be interfered with.

The church made a list of children as soon as the police started investigation.  No one(police or DCS) asked for that list.

A pastor agreed that having a conversation about abuse with our children a year past any potential incident would be less effective than immediately afterward.  

Regarding any potential of behaviors leading up to the reported incident, the pastor said, “We discussed grooming.”

There was discussion that once the case was under the jurisdiction of the police, they would not be updating the church on details.  This made sense to Brandy.

We then discussed the issue of them presenting the incident as isolated.  They addressed this in our disclosure meeting and provided a handout with information on sexual abuse.  They relied on parents to present them with evidence of sexual abuse.

We shared we felt deceived by the church based on our disclosure meeting.  We felt assured that it was an isolated incident. Pastors relayed a police statement that it was the safest place in Brentwood, the police knew everything and were handling the situation.  A parent’s natural reaction is to deny or minimize the possibility that anything happened. This coupled with the vague description of the incident and the involvement of the police reassured us of choosing a safe place for our child.  Brandy also shared that a parent is likely to think that based on what was shared the incident was something in the realm of seriousness of improper touching over clothes or a diaper.

We shared concern that our son may not have had the cognition or communication skills during that time period to disclose any abuse that may have occurred.  

The pastors also said that would be their only notice to families.  

After this conversation, we continued seeking medical, developmental, and psychological evaluations and treatment. We also requested to meet with the church board. Next, we updated the church after we had tangible evidence of harm and asked them to notify families and the church. We also asked for advocacy with DCS.

After we learned the last name of the lead teacher for the class, I sought out contact information. I was able to find a social media profile for the lead teacher and an email for her husband. I reached out to both of them via Facebook and I sent an email directly to the lead teacher’s husband. For reference, the lead teacher is an educated medical professional. Her husband runs a Christian ministry. I thought in reaching out to them, they might have some measure of compassion for my son.

In my messages, I gave an update on my son and his condition. I shared the minimal disclosure and how our family was left out of the investigative process. I closed the message by asking if the convicted offender ever brought my son to the bathroom. 

I never received a reply from this set of attempts to communicate.

Three months later, I attempted contact again. They still provided no reply.

After I learned about the allegations and convictions in the Brentwood church, I was struck by some of the commonalities between the manner in which misconduct was handled in both churches.

Last fall, I wondered to myself, maybe the two churches utilized the same legal scheme? It felt like they were following very similar “blueprints”.

I reached out via email to the Franklin Police Chief Deborah Faulkner. Specifically, I shared my concern that a two-way confidentiality agreement may have been utilized between individuals related to the Sunday School class and staff person(s) at the Brentwood church similar to what was done at Clearview Baptist Church in Franklin. Looking back at that meeting with the pastors at the Brentwood church, they did say that they were bound by something else legal not to talk.

I am not certain the method in which the knowledge of these legal schemes are being passed around the community. I shared several potential thoughts. At Clearview Baptist, Tommy Campsey, who was formerly the Captain of the Brentwood Police Department Criminal Investigations Division, is a member. The Brentwood church case was handled by Detective John Wood of the Brentwood Police Department Criminal Investigations Division.  I wondered if the Brentwood Police Department Criminal Investigations Division could be a source of these cover-up schemes.

Nonetheless, pastors at the church were bound by something legally not to talk – something else apart from concerns with the initial disclosing victims family.

Based on my personal experiences in two churches in Tennessee and noteworthy cases in the news over the past year, we need legislation to ban confidentiality agreements related to child abuse, sexual assault, and harassment cases.  Child sexual abuse, assault, and harassment are all horrific societal ills that often happen in secret.  Abuse and abusers thrive in secrecy. Sexual assault survivors deserve privacy if desired and child sexual assault survivors must be granted privacy.  Privacy should not be legally granted to institutions in which abuse is alleged to have occurred even when none of the parties has any plans of publicizing an alleged incident.  Abusers often silence victims with threats if secrets are told. Institutions use the same tactics with confidentiality agreements.

Confidentiality agreements should be banned between any parties that suppress knowledge of an alleged sexual offense.  This includes agreements that might include an organization, an alleged offender, alleged victims and their guardians, board members, and any employee or servant of an organization.  Facts that should not be suppressed are alleged incidents and the facts surrounding the alleged incidents including lapses in the adherence to current best practices in abuse prevention protocol and accountability structures.

Specifically, in religious settings, confidentiality agreements create additional secrecy in an already confidential setting as pastors and other clergy have clergy-penitent privileges. Tennessee is a state with a lot of religious power. As it is known that confidentiality agreements are being utilized in church-based misconduct incidents, it also keeps sensitive information about misconduct within a tight-locked circle of individuals. It is a dangerous situation where clergy, attorneys, law enforcement, and politicians might know this information, but parents and guardians of the vulnerable do not.

Currently, within the state of California, there is a law which bans confidentiality agreements for cases of child sexual abuse and abuse of other vulnerable people.

http://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-1002.html

I have contacted an attorney in California who works with child sexual abuse victims.  His name is Robert Allard. He said he was involved in the above listed legislation to ban confidential settlements for child sexual abuse cases.  One argument that I have heard against confidentiality agreements is that it makes cases more difficult to settle and causes expensive court battles.  I specifically asked him if he found this to be the case. He said that in his experience it did not cause this result.

In addition, there is proposed legislation in the state of California and other states to ban confidential settlements in sexual assault, sexual harassment, and sex discrimination cases.

https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201720180SB820

http://sd20.senate.ca.gov/news/2018-07-03-assembly-judiciary-committee-approves-leyva-bill-banning-secret-settlements-sexual

On a national level, Tennessee Representatives Marsha Blackburn and Jim Cooper joined with three other U.S. House members to try to out Congress members who have used taxpayer funds to settle sexual harassment claims, according to the article below.

http://www.tennessean.com/story/news/politics/2017/11/29/blackburn-cooper-bill-would-out-congress-members-who-use-taxpayer-funds-settle-sexual-harassment-cla/906198001/

Quoted in this article, Representative Cooper says, “No more cover-ups.  We need transparency, safety and appropriate behavior. Sexual misconduct has no place here, or anywhere.”

https://www.congress.gov/bill/115th-congress/senate-bill/2236/text

At the very least, the young and the vulnerable within the state of Tennessee should be afforded the same protections that our U.S. Representatives are seeking.  Secret settlements are a tool to cover-up and threaten victims into silence and serve to perpetuate abuse and the culture that allows sexual violence against children and the vulnerable to thrive.

If your child was under the supervision of an individual who was alleged to have committed a violent sexual attack against a classmate, would you want to know in a timely and forthcoming fashion? The church, police, and DCS all had prior ongoing relationships with each other.  The Brentwood Police officers were on the church campus every weekend providing security in the church nursery and children’s classes and traffic support. In addition, the children’s pastor had been involved with DCS with various foster care and adoption initiatives. If there were a situation I would have considered a “best-case scenario” for the three agencies to come together on the behalf of the health and well-being of the children in the class, this was it. However, they did not. Basic common decency and compassion for the vulnerable did not prevail.

Jesus shared about the two greatest commandments. If everyone could follow these laws, we would need no further laws.

Matthew 22:36-40

36 “Teacher, which is the greatest commandment in the Law?”

37 Jesus replied: “‘Love the Lord your God with all your heart and with all your soul and with all your mind.’ 38 This is the first and greatest commandment. 39 And the second is like it: ‘Love your neighbor as yourself.’ 40 All the Law and the Prophets hang on these two commandments.”

However, that is not the case. In Tennessee, churches are so revered that people hesitate to scrutinize or hold accountable the institutions or leaders. Scrutiny is directed instead to alleged victims. This provides fertile ground for deception and the protection of institutions and offenders at the expense of the vulnerable.

 

  

Police and DCS Response to Allegations of Sexual Abuse in Church Childcare Setting

Beginning in this post, I am going to start sharing my #churchtoo story. I plan to share the story in stages for specific reasons. To begin, this #churchtoo story demonstrates the need for new laws in Tennessee to protect children in classrooms and group childcare settings in which allegations of abuse or neglect arise against an individual in a supervisory role. The first is that a mandatory notice should be given to parents and/or guardians of minors who were under the supervision of an individual in which allegations of abuse have been reported.

Within this post, I am not going to name the church or the city of the church. The reason that I will refrain from doing so is that there still may be families unaware of the risks their children were exposed to in this church. I have contacted and shared the information with those families I know personally, but I personally did not know many families. I have asked all parties involved in this case to take action on behalf of the children in this situation without success. The church’s disclosure minimized allegations, downplayed the risks the very young children were exposed to, and provided false assurances of safety. We didn’t understand the risks our own child was exposed to, and I know others misunderstood as well. My hope is that those in positions of power and trust will take action on behalf of the vulnerable in this situation so that the families can hear this information in a kind and supportive manner.

For context, the criminal misconduct incident involved allegations of a violent sexual attack against a very young child by a male Sunday School teacher. This teacher pled guilty to a lesser charge and was convicted. From what I have been told, he received no jail time.

Once the parents of the disclosing victim learned of the incident, they called to make a report to DCS. A police investigation ensued. The police and DCS told the church not to inform families whose children were under supervision the alleged offender. The alleged (now convicted) offender held this supervisory position teaching toddlers and preschoolers for multiple ministry years. Despite the fact that the offender held a supervisory role over very young children for multiple ministry years, the investigation was limited to the one disclosing child and the rest of the children in his classes were completely ignored either as witnesses or potential victims. We consulted with the various leaders and learned that no one could provide us any assurance that our child was safe from harm while under the offender’s care.

Sometime later on, I did cross paths with a woman whose son was is the offender’s class the ministry year prior to the incident – which happened less than a month before the reported incident. She and her husband did not receive a notice prior to the court hearing. Church pastors did not respond to inquiries she sent to the church once she learned of the conviction.

We sought out legal and spiritual guidance. Initially I called up attorney Allison Bussell to ask her advice on the matter. I didn’t know if she could help since her husband worked for a church. Yet, I was looking for someone who had some familiarity with working in churches. She said something about representing the “criminal side” and referred me to Nick Tidwell.  When I spoke to Nick, he repeated my concerns regarding the conduct of the church. Then he said, “Sounds like a cover-up.”  He also asked me questions such as, “Are you sure you are not a victim?” and “What about your son?” He referred me to Larry Crain and said something about not working with the media.

When we met with Larry, he asked a lot of unusual questions such as, “Are you sure your email is secure?”  He also advised that I archive all of my emails. I don’t delete my emails and shared this information with the attorneys.  After asking a few questions and discussing the situation, he told me that I had a lot of sensitive information. He said that we are going to handle this one step at a time.  I didn’t know what he meant by that.

Larry listened to our concerns, which he considered troubling. We discussed with him an upcoming meeting with church pastors. He said that he believed all of the children should be evaluated for harm. We pursued evaluations and consulted with him until we had tangible evidence of harm for our child. He said that he was hoping to be able to meet with the church board, but that was not going to be able to happen.

Prior to learning about the conviction, we had left the “incident” church and began visiting another church. Upon contacting this new church, we were put into contact with a care pastor who had past experience as a victim’s advocate for juvenile victims of violent sex crimes. We scheduled a meeting with the “incident” church pastors and this care pastor, Brandy Whitehead, came with us a  witness/advocate.

After these conversations, we continued seeking medical, developmental, and psychological evaluations and treatment. We updated the church after we had tangible evidence of harm and asked them to notify families and the church. We also asked for their advocacy with DCS.

Shortly after we learned about the allegations, conviction, and that the various leaders could not provide us any assurance that our child was safe from harm, I called to report suspicions of abuse. I was transferred to the detective who was on the case. He told me that some people are in denial there are deviants. The onus of disclosure was on the church. They have a lot to answer for. He also told me that he would not be taking down a report and would not be asking what my concerns for my child were.

We believe our son did not have the cognition or communication skills to provide a spontaneous, unsolicited disclosure of abuse at the age he was in the classroom. In a later phone call with the detective on the case, I asked him on what basis did he consider there to be no additional victims in this childcare setting. He said it was because there were no additional verbal disclosures. This is a developmentally inappropriate standard for toddlers and young children. In our son’s situation, it is doubly inappropriate as he had been certified speech and language impaired by the state of Tennessee.

Shortly after the last communication with the detective, I wrote a letter to the police department, Representative Charles Sargent, and the city mayor detailing my concerns. The police responded promptly, and I met with the police chief, assistant police chief, captain of the criminal investigations division, and the detective from the case. I brought them up to date with my son’s issues, and we discussed the overall handling of the situation. They told me no laws were broken in the way things were handled following the original reported incident. They told me they were interested in seeing results from his next round of medical testing.

I contacted them again after that round of testing. I communicated with the captain of the criminal investigations division and a new detective.

After I sent in a few emails, I received an email from the captain of the criminal investigations division, which reads in part,

“I want to ensure you again that we are committed to giving the parents of children harmed the best possible information so they can properly care for their child. If this investigation reveals enough evidence for additional criminal prosecution, we will present the information to the district attorney’s office for prosecution.”

I continued communications with the next assigned detective hopeful that families would be contacted.

abbreviated police communications names deleted

Several months after the police closed the file, I began advocating for new laws. I sent in a letter to Representative Charles Sargent, Senator Jack Johnson, the city mayor, and Governor and First Lady Haslam. In it, I detail the need for a law mandating a notice of allegations against an alleged offender in a supervisory capacity over juveniles.

I received a reply from Senator Johnson’s office, and I met with him over the issue several weeks later. He agreed that families should know of allegations in various childcare settings. During our communications, he indicated need for legal research. I have followed up on this issue, but have not received a reply.

I also heard from Governor Haslam’s office.

Governor Haslam Reply Advocacy

Governor Haslam suggested that I take up my concerns with Department of Children’s Services.

I sent in a letter dated October 23, 2017, directed to Ms. Hommrich which stated that I had contacted multiple officials within DCS asking questions pertaining to the investigations of allegations of sexual misconduct.  In a reply to my multiple communications, several of which Ms. Hommrich was included, Ms. Coble offered me sympathy but no answers.

I sent a record of my prior communications.

I re-stated my unanswered questions from these correspondences, some of which are listed below:

  1.       I have heard that DCS typically talks to parents and children in a setting where an alleged perpetrator has been in a care giving role with multiple children, such as a classroom setting.  Would you explain to me why neither we nor our son were interviewed or contacted by DCS in this instance?
  2.       Should families in Tennessee with children exposed to an alleged offender come to expect no contact either as a witness or a potential victim if this exposure occurs in a church childcare setting?
  3.      Following a report to DCS, are each of the party’s(church, police, and DCS) responsibilities delineated in such a way that each party can meet the minimum requirements of the law and fulfill the function of their agency, yet classrooms full of children under the supervision of a convicted offender for a year or more are completely ignored as potential victims or witnesses?  
  4.       Do you not feel that those knowledgeable that there were many children under the supervision of the convicted offender have an obligation to act on behalf of the health and well-being of the children beyond just removing the threat of future abuse?
  5.       Since that(#4) did not happen in this child care setting, do you think it is worth looking further into what led to this outcome?

I mentioned in a prior letter to Ms. Coble that because DCS works together with law enforcement and child care facilities, I believe it is important that DCS understands what is going on behind the scenes within these other organizations.

The church, police, and DCS all had prior ongoing relationships with each other.  The city’s police officers were on the church campus every weekend providing security in the church nursery and children’s classes and traffic support.  In addition, the children’s pastor had been involved with DCS with various foster care and adoption initiatives. If there were a situation I would have considered a “best-case scenario” for the three agencies to come together on the behalf of the health and well-being of the children in the class, this was it.   

Perhaps each of the parties acted completely independently of each other and had no idea that institutions and offenders were effectively protected.  Maybe one party expected one of the other parties or the individuals knowledgeable of the risks and dangers to these very young children to take some steps of care on their behalf.  Instead, everyone was effectively relying upon the vulnerable children to speak up for themselves in order to receive help and healing and no meaningful care was provided to those who were potentially harmed.

Bonnie Hommrich 2017-10-30

This story demonstrates that we need new laws in Tennessee to protect children in classrooms or any group childcare settings in which allegations of abuse or neglect arise against an individual in a supervisory role. Examples of these kinds of settings can include sports teams, mother’s day out programs, Sunday school classes, and gymnastics and dance classes.

A mandatory notice must be given to parents and/or guardians when there are allegations of abuse against an authority figure.  Parents need this information in order to make informed parenting decisions regarding the mental and physical well-being of their child.  This is especially important when dealing with young children or those with developmental disabilities. Above all, the physical and mental health and well-being of the vulnerable children who have been under the supervision of an alleged offender should be the top priority.  It is an unfair burden to place on a young child to verbally disclose abuse in order to receive help and healing. Compared to older children and adults, there is a shorter window of opportunity in which to administer a productive interview.

Adverse childhood experiences such as child sexual abuse can have a long term impact on a child’s mental and physical health and well-being.  I believe the state has an obligation to act on behalf of children exposed to an alleged offender that has been in a repeated supervisory role over young children.  After an initial report has been made alleging abuse against an authority figure, I am concerned that each of the involved party’s responsibilities may be delineated in such a way that each party can meet the minimum requirements of the law and fulfill the function of their agency, yet classrooms full of children under the supervision of a convicted offender for a year or more are completely ignored as potential victims or witnesses and parents and other caregivers are left completely unaware of the risks of which their child was exposed.

The notice needs to be within a designated time period and forthcoming.  Waiting almost a year after an allegation and after charges have been filed is much too late.  In addition, describing a violent sexual attack against a very young child as an “incident of a sexual nature” grossly minimizes the very severe allegations against our child’s teacher and the grave danger of which our child was exposed.  It was not until after the teacher’s conviction that we learned important details such as the allegations, incident date, and age and gender of both the offender and victim.

Not only is the health and well-being of the young children at issue here. When an investigation is limited to considering only the one disclosing child, there is a missed opportunity to uncover the potential full scope of the situation. With young children, there is a limited window of opportunity to do an interview as their long term memory is not as developed as an older child or an adult. Parents learning of an incident one year or more after exposure is too long to wait. No one can say for certain the offender didn’t attack multiple children multiple times. Potentially, he could present more danger to the community than a one-time offender.

In addition, I have reasons to believe that the involvement of the three community organizations, the inaction of police and DCS, and the declaration of the incident as a one-time occurrence may have dissuaded some parents from considering their child’s behavior and/or physical signs to be potentially related to abuse. This messages came from the church, which many in our community put their complete and unquestioned trust in. This allowed some families to understand that the authorities were in agreement with the truthfulness of the church’s statements. It also gave the impression that the church, police, and DCS acted in solidarity and integrity.

Just imagine if charges would not have been filed in my son’s teacher’s case.  I am not certain that we would have ever been given any notice regarding the allegations of abuse.  That is precisely what I am concerned may be happening in other settings in Tennessee. Sexual abuse allegations are very difficult to substantiate and prosecute, particularly for young children and those with developmental disabilities, but that does not mean it did not happen and that the vulnerable were not at risk for abuse and in need of intervention much like my son.  

I believe a mandatory notice would provide motivation for organizations that provide oversight to minors to shore up their abuse prevention protocol and training.  If there are allegations of abuse and protocol was not being followed or an organization cannot say for certain they are, they should have to answer to parents and guardians regarding the lack of oversight within the organization.  This is a reasonable minimal expectation for organizations that take on the task of providing care and protection over minors and the vulnerable.

I propose the following at a minimum for a notice:

  1.      A copy of the notice given should be provided in writing and a record should be made of it.  All parties involved in a case should have access to these written records, including the dates, contents, the recipients of the notice, and the specific periods of time the children were under the supervision of the offender.
  2.      If law enforcement feels like a delay in the notice is warranted, that needs to be made in writing as well along with the specific reasons.  
  3.      It is to be given to all parents whose children have been under the supervision of an alleged offender – whether the accused individual is a lead instructor, assistant, floater, or minor.  If the alleged offender has held a position over children in previous ministry years, school years, semesters, or seasons, the parents of those children must be notified as well.
  4.      The ages and genders of the alleged offender, the incident date, and the allegations will be presented.
  5.      No false assurances of safety should be given.
  6.      No statements or conduct should follow the notice that would have a silencing effect such as directing concerned parents to individuals who have access to funds for counseling which would include confidentiality agreements.
  7.      The notice will be made as soon as possible.  The first contacts should be made within three days, and the contacts should be completed within two weeks of the initial report.

I want to clarify that I am not proposing that the standard for criminal prosecution be lowered. I am proposing to change the standard for disclosing incidents to families whose children have been under the supervision of an alleged offender so that proactive action on behalf of the health and well-being of children and vulnerable be taken.

This has been a very challenging past couple years for our family. I am not the only one who was under the false impression that authorities would investigate the presence of additional victims in a classroom abuse situation with severe allegations. In the aftermath of discovering the allegations, the lack of involvement of authorities has been an impediment for our family in receiving treatment and support. As time went on and typical causes to my son’s symptoms were ruled out, my concerns regarding potential sexual abuse began to be taken more seriously – which I believe led to more appropriate evaluations and discovery of causes of symptoms. Having walked through this experience, I would not wish it on another family. I would like to make certain processes are in place so that there is not a repeat of what has happened to our family.

Introductions

I want to start of by saying that I refer to myself as “Jane” on this blog and on my twitter account. To be clear, I am not a “Jane” in this first story that I am sharing. However, I am a “Jane” in another Christian setting that I plan to share following this story due to my relationship to a minor child within the story.

Unlike many of the other stories that have been shared regarding misconduct in Christian environments, this is not related to a sexual offense or physical abuse. Similarities include that some of the misconduct was criminal in nature. Rather than reporting it to the local authorities, the financial misconduct or “indiscretion” as it was described was handled internally and with very little transparency. The lack of transparency from the church leadership caused a lot of confusion and created a sense of distrust among the congregation. While the church leadership was successful in protecting the offender from criminal consequences, I believe the congregation instead suffered the consequences. When an offender is protected from consequences, it doesn’t erase the debt that is created from the sin/crime. Someone will pay. If the misconduct is covered up through deception and obfuscation, an additional sin has been committed, compounding the wrong and thereby compounding the burden of the sin.

While abuses against the human body are far more damaging to the victims, misusing the funds that God has entrusted to the church is unethical, sinful, and may be a crime in some instances. Not only are churches and Christian leaders entrusted and tasked with caring for the souls of their congregation, the church is accountable to God for the proper stewardship of His funds.

While keeping up with the SBC annual meeting last week, I read statements from multiple leaders that it is Biblical to report criminal misconduct in the church setting. I don’t know if they feel the same way about reporting financial misconduct or not. 

We know that Scripture says, “Whoever can be trusted with very little can also be trusted with much, and whoever is dishonest with very little will also be dishonest with much.” A pastor or church leadership does not all of the sudden turn a switch and minimize and obfuscate sinful and potentially criminal conduct within the church. Scripture makes it clear that the practice of deception increases sequentially. When “big” deceptions have been found that includes the covering up of physical and sexual abuse, likely there have been other relatively “smaller” or less series deceptions in the past. Likewise, when deceptions of a lower consequence are not dealt with properly, it should not be surprising to find greater deceptions down the road.

Prior to bring this story online, I have brought this information to the attention to the local law enforcement. The first set of attempts were within the Statute of Limitations as far as I know. I was brushed off in my first attempts. Thinking that my interactions with the first officers were very odd, I made a second set of attempts to contact the local law enforcement.  I did receive a call back from the department after I sent some emails describing my observations and concerns in greater detail. Though, when I went into the department to follow up, I was told it was past the statute of limitations.

In addition, I have communicated with current staff at the church and communicated all that I believed could be potentially improper conduct, whether it be illegal or simply unethical. The senior level staff from this church have all resigned and moved onto other churches or employment.

While it is difficult to share this story, my hope is that it will ultimately be redemptive. I wonder if the various people involved could go back in time, would they want to change how they responded following the discovery of the misconduct?  Would they advise another congregation or set of leaders to respond differently? Maybe some are satisfied with the way events transpired and feel like the situation was handled appropriately.

There are several things I would like to highlight before I share the sequence of events. I am not sharing this story to shame the individuals involved. Instead, I think there is a lot to learn from the situation in terms of leadership practices both before and after the discovery of the misconduct. I believe it would be helpful for other churches to learn from this situation so that churches can find a better way forward both on the prevention and response side. Secondly, these events transpired in Middle Tennessee, which many endearingly refer to as the “buckle of the Bible belt”. When I made my first attempts in contacting the local law enforcement department, I was questioned and brushed off. The church is highly revered in my area and any scrutiny directed at a church or anyone associated with a church is looked upon with suspicion by many, and it appears that some in law enforcement have a lasseiz-faire attitude toward criminal misconduct in the church, particularly with respect to financial crimes. I would like to share how these factors along with various leadership practices within the church make it difficult to confront criminal misconduct in the church.

In my next blog post, I will be sharing the specific course of effects starting with the church’s first disclosure up until the present time.