Advent Talk
Issues & Concerns Category => 3ABN => Topic started by: Bob Pickle on February 27, 2012, 10:19:30 AM
-
A presumptive trial date of April 2013 has been set by the federal court in East St. Louis for Alex Walker v. Three Angels Broadcasting Network, Inc., Tommy Shelton, before the chief judge.
If you want to read the order, or whatever it may be called, see http://www.3abnvjoy.com/ilsd-12cv00114/ilsd-12cv00114-doc-29.pdf (http://www.3abnvjoy.com/ilsd-12cv00114/ilsd-12cv00114-doc-29.pdf).
It would be nice if it could be all over before camp meeting. I wonder if Simpson will get things delayed way beyond April 2013. Personally, I think it's in 3ABN's best interest to get it over sooner rather than later.
In fact, I think it would have been in 3ABN's best interest never to have gotten it started.
-
It will be very interesting too see how the next year play's out! I know when I contacted my attorney, Jessica Arbour on friday, she was ecstatic to hear that Tommy was sentenced to 6 years in prison.
-
Hey, Bob, I guess Tommy will have plenty of time writing his own court filings now, huh?
Maybe he can become a top-notched pro se defendant, and learn alot about the law.
In fact, maybe he can become so good he can be a legal mentor to his fellw inmates since my case, Lord willing, will be over before 6 years.
-
Wouldn't you know it. 3ABN filed yet another motion to dismiss. See #30 on the docket at http://www.3abnvjoy.com/ilsd-12cv00114/ (http://www.3abnvjoy.com/ilsd-12cv00114/).
-
Well, I read the 13 page document. At first I thought that the 3-ABN attorney was making a case. But, the further I read, the more I grew in my opinion that the judge would not dismiss the case at this point in time. IOW, I do not beieve that the 3-ABN attorney made a convincing case as to why it should be dismissed.
One point of interest to me: The 3-ABN attorney is esentially arguing that the case against TS should be dismissed. As a representative of 3-ABN, all the atorney needed to do was to argue reasons why 3-ABN should be dismissed as a defendent. 3-ABN does not need to have the charge against TS dismissed in order to serve the interests of 3-ABN. 3-ABNs interests would be served by being dismissed as a defendent.
-
Well, I read the 13 page document. At first I thought that the 3-ABN attorney was making a case. But, the further I read, the more I grew in my opinion that the judge would not dismiss the case at this point in time. IOW, I do not beieve that the 3-ABN attorney made a convincing case as to why it should be dismissed.
One point of interest to me: The 3-ABN attorney is esentially arguing that the case against TS should be dismissed. As a representative of 3-ABN, all the atorney needed to do was to argue reasons why 3-ABN should be dismissed as a defendent. 3-ABN does not need to have the charge against TS dismissed in order to serve the interests of 3-ABN. 3-ABNs interests would be served by being dismissed as a defendent.
I am confident that my attorneys will make a convincing case in their response as too why it should not be dismissed.
I believe they did this in their past respose and will do it again.
I have retained a great team of legal counsel and they have my full confidence.
-
I will especially like this when 3abn's insurance is unwilling to pick up the tab for the restitution damages that they will have to pay.
-
The folowing is one example taken from an actual policy that is typical of insurance policies:
Sexual Abuse Exclusion
In consideration of the premium charged, it is agreed that such coverage as is provided by this policy shall not apply to any claim, demand and causes of action arising out of or resulting from either sexual abuse or licentious, immoral or sexual acts, whether caused by, or at the instigation of, or at the direction of, or omission by, the insured, his employees, patrons, or any causes whatsoever.
-
However, notwithstanding what I and others have posted, the actual situation in regard to insurance coverage for 3-ABN in a sexual abuse case may not be clear and as a result, 3-ABN may have insurance coverage.
1) The Supreme court for the State of Maine has ruled that insurance companies are not required to provide coverage for sexual abuse cases where the defendant is the one accused of the abuse. However, it has also ruled that when the defendant is not the one accused of the abuse, the insurance company may be required to provide coverage. Under this type of a situation 3-ABN might be covered by an insurance policy.
2) There are some insurance policies that can be purchased that are specific for sexual abuse coverage. However, these have typically reduced liability from multiple millions to much less amounts which may be as little as $300,000 or even $100,000.
The following is one comment on this:
One of the coverage areas that seems to causing the most distress is liability coverage for allegations of sexual abuse and molestation committed by a paid or volunteer staff member or a client. This coverage is sometimes labeled "improper conduct" or "improper sexual conduct," or even "explicit sexual abuse/molestation." In recent weeks the Center has received a flood of calls from nonprofits: facing nonrenewal of sexual abuse coverage and dim prospects for obtaining the coverage elsewhere; receiving notice of drastic reductions in limits of liability, such as limits of $1 million per occurrence/$3 million in the aggregate reduced to $100,000/$300,000; scurrying to respond to demands from underwriters that the nonprofit implement costly and time-consuming risk management measures before a quote will be released; or facing new policy exclusions that eliminate coverage altogether for sexual abuse on other liability policies.
* * * *
How Is Coverage Sold?
Coverage to protect a nonprofit against claims alleging sexual abuse is available in many forms.
Provider types: it's possible to purchase coverage from a domestic, admitted carrier; from an excess and surplus lines carrier; or from a risk retention group or other alternative market insurance provider.
Policy types: sexual abuse coverage is sometimes sold as a separate policy, while in other cases it's covered under the Commercial General Liability or Professional Liability policy. In one unusual case the Center found coverage provided under an Employment Practices Liability policy (in this example the policy responded to claims by participants, clients and third parties alleging abuse by paid and volunteer staff, as well as clients).
Defense costs: some policies pay defense costs above and beyond the limit of liability that's available for judgments and settlements. Other providers offer coverage with defense costs included in the limit of liability. Some providers offer both options.
* * * * * *
The following is an abbreviated listing of several companies and an underwriting manager that continue to offer sexual abuse coverage — on a risk-by-risk basis — to nonprofits.
* * * * * * *
Alliance of Nonprofits for Insurance, Risk Retention Group
First Nonprofits Mutual
Great American Insurance Companies
J.J. Negley Associates
Nonprofits' Insurance Alliance of California
Markel Insurance Company
Philadelphia Insurance Companies
Riverport Insurance Company
-
To me, the law is interesting. Surprised? :)
In my opinion, the Odenthal case is a seminal one which illustrates how a religious organizaiton can become entangled in a sexual abuse cae. Some aspects of the decision of the State Supreme Court do not apply in the TS/3-ABN case. However, the State Supreme Court in part of its decision declared that the District Court could determine whether or not The Local Conference had failed in its duty to supervise an employee. At that point Chubb Insurance, acting on behalf of the defendents, made a large financial payment to the plaintiff and the litigation was dropped.
It is of note to me that the Odenthal case has been cited multiple times in other litigation. I would not be surprised if in the next decade it might have a similar effect on society to that of the Tarasoff case in California many years ago. But, this opinion is simply speculative and others would disagree with me. Fear of that happening may have been one of the reasons sthat the case was ultimately settled without going to trial.
NOTE: To our legal experts, I am well aware that the Odenthal case has established very limited precedence.
-
http://law.justia.com/cases/minnesota/supreme-court/2002/c101278.html
The above URL will give the decision in the Odenthal case.
NOTE: Budd v. Budd is one 2011 case that gave precedence to the Odenthal case.
-
http://law.justia.com/cases/minnesota/supreme-court/2002/c101278.html
The above URL will give the decision in the Odenthal case.
NOTE: Budd v. Budd is one 2011 case that gave precedence to the Odenthal case.
That was an interesting read. Thank you for posting that, Gregory. What was the final resolution of the Odenthal case?
-
The final resolution was a substantial payment to the plaintiff which was funded primarily by the Chubb Insurance Company. SDA Church organizations had very little financial investment in this litigation. They probably paid a deductable. Staff attornies were involved in following the case due to denominational organizations (and individuals) being named defendents.
NOTE: Early on the courts limited the named defendents and certain denominational organizations (and other individuals) were severed from the case. But, the local conference remained a defendent to the end of the litigation.
The plaintiff re-married and got on with his life.
The plaintiff's wife has not had an easy life. I believe (I could be wrong.) she spent some time in a shelter. She married, as I recall, the pastor after he divorced his wife. That was not an easy relationship and I think that they are now divorced, but, I could be wrong.
-
IOW, I do not beieve that the 3-ABN attorney made a convincing case as to why it should be dismissed.
Interesting.
The 3-ABN attorney is esentially arguing that the case against TS should be dismissed. As a representative of 3-ABN, all the atorney needed to do was to argue reasons why 3-ABN should be dismissed as a defendent. 3-ABN does not need to have the charge against TS dismissed in order to serve the interests of 3-ABN. 3-ABNs interests would be served by being dismissed as a defendent.
I expect 3ABN to defend Tommy without representing him. That could be a way for 3ABN to "pay" his legal expenses in a manner that is more difficult to raise questions about.
-
How could they defend Tommy without representing him?
-
Bob has a point. You have a valid question. On one level, I beleive that TS will have to have his own representation, whether himself (pro se) or his own attorney.
As I see it, 3-ABN has two major forms of defending itself, along with what I would call minor ones:
1) TS did not do it, therefore, we have no liability.
2) If TS did it, we are not responsible, therefore, we have no liability.
As to minor issues, tlhey would include such things as legal issues such as the Stature of Limitations.
If 3-ABN were to plead # 1 above, it would clearly be in its interests as it would release it from liability if successful and it would clear TS.
Litigation is is some sense a "throw of the dice." One can never predict with 100% certainty what the decision will be. Even when a win is claimed to be certain, it may only be a partial win.
E.G. I am knowledgeable of a loan company that won a judgement against an elderly man and the judge ordered the payment to be $5.00 a month. The interest on the loan alone was more than $5.00 a month. Therefore, at the time of the man's death, the debt to the loan company was more than it was at the time of the litigation. And the loan company had the costs of the litigation. NOTE: The judge found that under the law the man owed the debt, but he found bad faith on the part of the loan company and he ruled that due to the income of the man the obligation to pay was limited to $5.00 a month.
I am aquainted with another case where both the plaintiff and the defendent got a partial win. But, the judge ordered the defendent to pay the plaintiff's legal expenses in the amount of $72,000!
Anyway, I believe that TS will have to have someone to officially represent him. How will this unfold? We shall simply have to wait and see.
-
Who are we aiding with all of these discussions?
-
The common people who are interested and want to know what is happening and to understand the process.
Ignorance lies behind much of the ill will that has existed. I remind you that Linda herself clearly stated that she wished that people would bring forth the evidence against her instead of claiming that secret evidence existed.
Most of the people reading these threads are not legal experts--I am not. Some come from countries with different legal systems. It is helpful for them to understand the legal system that exists in this country.
Those who do not beleive this discussion to be helpful will probably not participate in them.
-
I, for one, believe these discussions to be extremely helpful.
I also find Gregory's input to be straight forward and interesting.
-
How could they defend Tommy without representing him?
Anytime that 3ABN makes legal arguments that might help Tommy, they are defending Tommy at 3ABN's expense.
Suppose 3ABN had gotten the case totally dismissed in Chicago, or won a motion to dismiss that was converted to a summary judgment motion because of the documents they submitted with their motion. Then Tommy would have been off the hook at 3ABN's expense, without 3ABN's attorney officially representing Tommy.
-
....And in my humble opinion, this is the only one who really counts when we talk about those benefitting this subject in general, and specially this thread. I totally agree with you, Alex.
I, for one, believe these discussions to be extremely helpful.
I also find Gregory's input to be straight forward and interesting.
-
Then it's worth it
-
Abuse Prevention ?a Priority
for Adventist ?Risk Management
Insurance unit working to shield minors, fulfill church’s mission (Posted Mar. 8, 2012)
BY ELIZABETH LECHLEITNER, Adventist News Network
A new child protection program from the Seventh-day Adventist Church’s risk-management unit is galvanizing efforts to shield minors from abuse and misconduct.
Through training for adults and children, as well as background screening for employees and volunteers who work closely with minors, Adventist Risk Management’s (ARM) Child Protection Plan equips local leaders to make the church a safe place, said ARM vice president and chief risk management officer Arthur Blinci.
“It’s part of our mission to help protect the ministries of the Seventh-day Adventist Church,” said Blinci, citing Children’s Ministries, Youth Ministries, Pathfinders, and Adventurers as a “core component” of those ministries. “Faith-based communities have a moral, ethical, and legal responsibility to protect children from harm when they’re in our care,” he said.
The church has made significant strides toward achieving that goal. In North America many church employees and volunteers are “mandated reporters,” Blinci said. This means they have a legal obligation to report abuse or allegations of abuse that occur within the church setting. By 2003 the church’s North American Division had drafted a protocol for dealing with sexual misconduct and child abuse. Late last year the division voted a new child protection policy mandating that every level of church administration implements training and screening programs for volunteers.
PREVENTING ABUSE: ARM vice president and chief risk management officer Arthur Blinci wants to put tools and resources in the hands of local church leaders. A partnership with Shield the Vulnerable equips them to better protect children, he said. [PHOTO: ARM]
The Adventist world church has also been proactive about writing guidelines and voting policies to protect minors. Indeed, at the church’s General Conference session in 2010, delegates voted to add to the Church Manual specific language guiding the appointment of church employees and volunteers who work closely with minors. They agreed adults leading out in Pathfinders, Vacation Bible School, children’s ministries, and Sabbath school programs “must meet church and legal standards and requirements, such as background checks or certification.”
Still, Blinci said, policies, guidelines, and good intentions go only so far. Adventist Risk Management routinely handles a couple dozen cases of child abuse every year and has spent some $30 million on indemnity cases over the past two decades. Many U.S. states have open statutes of limitations, allowing older claims of abuse to be raised and litigated.
What the church needs are tools and resources to put in the hands of local church administrators and leaders, he said.
“We’ve heard for so many years from church members, ‘How do we do it?’?” Blinci said.
Now Adventist Risk Management is providing an answer. Through a partnership with Shield the Vulnerable, the organization’s new Child Protection Plan offers online training for adults on addressing abuse, neglect, predators, bullying, boundaries, and respect. It also provides age-appropriate information for children on recognizing and reporting abuse.
Shield the Vulnerable—a California-based service provider that frequently works with faith-based, nonprofit organizations—also offers background screening for employees and volunteers as a “critical” line of defense, Blinci said.
“So often, especially on the volunteer side, there’s typically no screening. You want to volunteer for children’s ministries? Great, come on, we can use you,” he said. “Now, when potential volunteers know before they even apply that you’re going to run a criminal background check, if they have a propensity, they’re not even going to volunteer.”
While creating the Child Protection Plan, ARM discovered that the church’s Lake Union Conference had already partnered with Shield the Vulnerable and piloted its training and screening programs in the states of Illinois, Indiana, Michigan, Wisconsin, and a portion of Minnesota.
Blinci expects all 59 of the North American Division’s conferences will follow suit in the coming months. Through Shield the Vulnerable, a conference or other administrative unit creates an account that tracks progress as they train volunteers and perform background screenings. “It goes all the way down to the local church and school level,” he said.
From Adventist Review, March 7, 2012
-
RE: Abuse Prevention Good start but it wouldn't have saved the victims of TS or many others if the perpetrator is shielded by family and church members or corrupt police. You can run all the background checks you want but if they have never been convicted what would you find?
-
While creating the Child Protection Plan, ARM discovered that the church’s Lake Union Conference had already partnered with Shield the Vulnerable and piloted its training and screening programs in the states of Illinois, Indiana, Michigan, Wisconsin, and a portion of Minnesota.
Pilot training and screening program in Illinois...what happened to 3ABN?
-
Is the timing of this announcement in the Adventist Review interesting?
-
. . . what happened to 3ABN?
3-ABN is an independent organization and is not subject to denominational control.
-
That's right, it isn't under denominational control, but isn't there a conference official connected to 3ABN, on the board?
-
Yes, and one Conference official does not make a majority.
-
Abuse Prevention ?a Priority
for Adventist ?Risk Management
Insurance unit working to shield minors, fulfill church’s mission (Posted Mar. 8, 2012)
BY ELIZABETH LECHLEITNER, Adventist News Network
A new child protection program from the Seventh-day Adventist Church’s risk-management unit is galvanizing efforts to shield minors from abuse and misconduct.
Through training for adults and children, as well as background screening for employees and volunteers who work closely with minors, Adventist Risk Management’s (ARM) Child Protection Plan equips local leaders to make the church a safe place, said ARM vice president and chief risk management officer Arthur Blinci.
“It’s part of our mission to help protect the ministries of the Seventh-day Adventist Church,” said Blinci, citing Children’s Ministries, Youth Ministries, Pathfinders, and Adventurers as a “core component” of those ministries. “Faith-based communities have a moral, ethical, and legal responsibility to protect children from harm when they’re in our care,” he said.
The church has made significant strides toward achieving that goal. In North America many church employees and volunteers are “mandated reporters,” Blinci said. This means they have a legal obligation to report abuse or allegations of abuse that occur within the church setting. By 2003 the church’s North American Division had drafted a protocol for dealing with sexual misconduct and child abuse. Late last year the division voted a new child protection policy mandating that every level of church administration implements training and screening programs for volunteers.
PREVENTING ABUSE: ARM vice president and chief risk management officer Arthur Blinci wants to put tools and resources in the hands of local church leaders. A partnership with Shield the Vulnerable equips them to better protect children, he said. [PHOTO: ARM]
The Adventist world church has also been proactive about writing guidelines and voting policies to protect minors. Indeed, at the church’s General Conference session in 2010, delegates voted to add to the Church Manual specific language guiding the appointment of church employees and volunteers who work closely with minors. They agreed adults leading out in Pathfinders, Vacation Bible School, children’s ministries, and Sabbath school programs “must meet church and legal standards and requirements, such as background checks or certification.”
Still, Blinci said, policies, guidelines, and good intentions go only so far. Adventist Risk Management routinely handles a couple dozen cases of child abuse every year and has spent some $30 million on indemnity cases over the past two decades. Many U.S. states have open statutes of limitations, allowing older claims of abuse to be raised and litigated.
What the church needs are tools and resources to put in the hands of local church administrators and leaders, he said.
“We’ve heard for so many years from church members, ‘How do we do it?’?” Blinci said.
Now Adventist Risk Management is providing an answer. Through a partnership with Shield the Vulnerable, the organization’s new Child Protection Plan offers online training for adults on addressing abuse, neglect, predators, bullying, boundaries, and respect. It also provides age-appropriate information for children on recognizing and reporting abuse.
Shield the Vulnerable—a California-based service provider that frequently works with faith-based, nonprofit organizations—also offers background screening for employees and volunteers as a “critical” line of defense, Blinci said.
“So often, especially on the volunteer side, there’s typically no screening. You want to volunteer for children’s ministries? Great, come on, we can use you,” he said. “Now, when potential volunteers know before they even apply that you’re going to run a criminal background check, if they have a propensity, they’re not even going to volunteer.”
While creating the Child Protection Plan, ARM discovered that the church’s Lake Union Conference had already partnered with Shield the Vulnerable and piloted its training and screening programs in the states of Illinois, Indiana, Michigan, Wisconsin, and a portion of Minnesota.
Blinci expects all 59 of the North American Division’s conferences will follow suit in the coming months. Through Shield the Vulnerable, a conference or other administrative unit creates an account that tracks progress as they train volunteers and perform background screenings. “It goes all the way down to the local church and school level,” he said.
From Adventist Review, March 7, 2012
What does this have too do with my lawsuit? :scratch: :scratch:
-
Abuse Prevention ?a Priority
for Adventist ?Risk Management
Insurance unit working to shield minors, fulfill church’s mission (Posted Mar. 8, 2012)
BY ELIZABETH LECHLEITNER, Adventist News Network
A new child protection program from the Seventh-day Adventist Church’s risk-management unit is galvanizing efforts to shield minors from abuse and misconduct.
Through training for adults and children, as well as background screening for employees and volunteers who work closely with minors, Adventist Risk Management’s (ARM) Child Protection Plan equips local leaders to make the church a safe place, said ARM vice president and chief risk management officer Arthur Blinci.
“It’s part of our mission to help protect the ministries of the Seventh-day Adventist Church,” said Blinci, citing Children’s Ministries, Youth Ministries, Pathfinders, and Adventurers as a “core component” of those ministries. “Faith-based communities have a moral, ethical, and legal responsibility to protect children from harm when they’re in our care,” he said.
The church has made significant strides toward achieving that goal. In North America many church employees and volunteers are “mandated reporters,” Blinci said. This means they have a legal obligation to report abuse or allegations of abuse that occur within the church setting. By 2003 the church’s North American Division had drafted a protocol for dealing with sexual misconduct and child abuse. Late last year the division voted a new child protection policy mandating that every level of church administration implements training and screening programs for volunteers.
PREVENTING ABUSE: ARM vice president and chief risk management officer Arthur Blinci wants to put tools and resources in the hands of local church leaders. A partnership with Shield the Vulnerable equips them to better protect children, he said. [PHOTO: ARM]
The Adventist world church has also been proactive about writing guidelines and voting policies to protect minors. Indeed, at the church’s General Conference session in 2010, delegates voted to add to the Church Manual specific language guiding the appointment of church employees and volunteers who work closely with minors. They agreed adults leading out in Pathfinders, Vacation Bible School, children’s ministries, and Sabbath school programs “must meet church and legal standards and requirements, such as background checks or certification.”
Still, Blinci said, policies, guidelines, and good intentions go only so far. Adventist Risk Management routinely handles a couple dozen cases of child abuse every year and has spent some $30 million on indemnity cases over the past two decades. Many U.S. states have open statutes of limitations, allowing older claims of abuse to be raised and litigated.
What the church needs are tools and resources to put in the hands of local church administrators and leaders, he said.
“We’ve heard for so many years from church members, ‘How do we do it?’?” Blinci said.
Now Adventist Risk Management is providing an answer. Through a partnership with Shield the Vulnerable, the organization’s new Child Protection Plan offers online training for adults on addressing abuse, neglect, predators, bullying, boundaries, and respect. It also provides age-appropriate information for children on recognizing and reporting abuse.
Shield the Vulnerable—a California-based service provider that frequently works with faith-based, nonprofit organizations—also offers background screening for employees and volunteers as a “critical” line of defense, Blinci said.
“So often, especially on the volunteer side, there’s typically no screening. You want to volunteer for children’s ministries? Great, come on, we can use you,” he said. “Now, when potential volunteers know before they even apply that you’re going to run a criminal background check, if they have a propensity, they’re not even going to volunteer.”
While creating the Child Protection Plan, ARM discovered that the church’s Lake Union Conference had already partnered with Shield the Vulnerable and piloted its training and screening programs in the states of Illinois, Indiana, Michigan, Wisconsin, and a portion of Minnesota.
Blinci expects all 59 of the North American Division’s conferences will follow suit in the coming months. Through Shield the Vulnerable, a conference or other administrative unit creates an account that tracks progress as they train volunteers and perform background screenings. “It goes all the way down to the local church and school level,” he said.
From Adventist Review, March 7, 2012
What does this have too do with my lawsuit? :scratch: :scratch:
I posted this because I have the same question as you are asking. Even if this might not apply directly to your lawsuits, this item, which comes from the the organization 3ABN seems to be promoting, and it reflects - in my opinion - on how this organization is reacting to what they are finding out about your lawsuit. This might help me to understand some of the mechanisms in your lawsuit. If not, it's isn't costing us a fortune to post it here for the edification of those who might be interested in how such lawsuits might be dealt with in the future, if not now. It seems to me that your lawsuit is shaping their thinking as expressed in this document.
Perhaps some experts read it differently than I do?
-
I do not bleive that this program (and report in the Review) has much of a relationship with the current litigation against TS And 3-ABN.
Note the the comment that in the past 20 years the denomination had spent 30 million dollars due to this problem. That figure has gotten their attention.
When I first took my son to Walla Walla college, I noted anexcellent policy that the University Chruch had developed in concert with the Conference as to how to deal with such issues. The church had publicly distribued that policy to all. It was very well written and protected people from abuse.
I am personally aware of Conferences, going back as far as 10 years ago who have bent over backwards to be appropriate with people who came forward with claims of prior abuse. E.g. I am thinking of one Conference who notified the woman that they would fly she and a counselor of her choice to the Conference HQ and provide them with accomadations at Conference expense so that they could talk to her some more about what had happened.
Things are changing, even if slowly. And continued pressure from litigtion will probably help.
-
Abuse Prevention ?a Priority
for Adventist ?Risk Management
Insurance unit working to shield minors, fulfill church’s mission (Posted Mar. 8, 2012)
BY ELIZABETH LECHLEITNER, Adventist News Network
A new child protection program from the Seventh-day Adventist Church’s risk-management unit is galvanizing efforts to shield minors from abuse and misconduct.
Through training for adults and children, as well as background screening for employees and volunteers who work closely with minors, Adventist Risk Management’s (ARM) Child Protection Plan equips local leaders to make the church a safe place, said ARM vice president and chief risk management officer Arthur Blinci.
“It’s part of our mission to help protect the ministries of the Seventh-day Adventist Church,” said Blinci, citing Children’s Ministries, Youth Ministries, Pathfinders, and Adventurers as a “core component” of those ministries. “Faith-based communities have a moral, ethical, and legal responsibility to protect children from harm when they’re in our care,” he said.
The church has made significant strides toward achieving that goal. In North America many church employees and volunteers are “mandated reporters,” Blinci said. This means they have a legal obligation to report abuse or allegations of abuse that occur within the church setting. By 2003 the church’s North American Division had drafted a protocol for dealing with sexual misconduct and child abuse. Late last year the division voted a new child protection policy mandating that every level of church administration implements training and screening programs for volunteers.
PREVENTING ABUSE: ARM vice president and chief risk management officer Arthur Blinci wants to put tools and resources in the hands of local church leaders. A partnership with Shield the Vulnerable equips them to better protect children, he said. [PHOTO: ARM]
The Adventist world church has also been proactive about writing guidelines and voting policies to protect minors. Indeed, at the church’s General Conference session in 2010, delegates voted to add to the Church Manual specific language guiding the appointment of church employees and volunteers who work closely with minors. They agreed adults leading out in Pathfinders, Vacation Bible School, children’s ministries, and Sabbath school programs “must meet church and legal standards and requirements, such as background checks or certification.”
Still, Blinci said, policies, guidelines, and good intentions go only so far. Adventist Risk Management routinely handles a couple dozen cases of child abuse every year and has spent some $30 million on indemnity cases over the past two decades. Many U.S. states have open statutes of limitations, allowing older claims of abuse to be raised and litigated.
What the church needs are tools and resources to put in the hands of local church administrators and leaders, he said.
“We’ve heard for so many years from church members, ‘How do we do it?’?” Blinci said.
Now Adventist Risk Management is providing an answer. Through a partnership with Shield the Vulnerable, the organization’s new Child Protection Plan offers online training for adults on addressing abuse, neglect, predators, bullying, boundaries, and respect. It also provides age-appropriate information for children on recognizing and reporting abuse.
Shield the Vulnerable—a California-based service provider that frequently works with faith-based, nonprofit organizations—also offers background screening for employees and volunteers as a “critical” line of defense, Blinci said.
“So often, especially on the volunteer side, there’s typically no screening. You want to volunteer for children’s ministries? Great, come on, we can use you,” he said. “Now, when potential volunteers know before they even apply that you’re going to run a criminal background check, if they have a propensity, they’re not even going to volunteer.”
While creating the Child Protection Plan, ARM discovered that the church’s Lake Union Conference had already partnered with Shield the Vulnerable and piloted its training and screening programs in the states of Illinois, Indiana, Michigan, Wisconsin, and a portion of Minnesota.
Blinci expects all 59 of the North American Division’s conferences will follow suit in the coming months. Through Shield the Vulnerable, a conference or other administrative unit creates an account that tracks progress as they train volunteers and perform background screenings. “It goes all the way down to the local church and school level,” he said.
From Adventist Review, March 7, 2012
I think this is a very timely post, Johann.
I also think the timing of the release of this information in the Adventist Review is quite likely to have some relation to the current news coming out about Tommy Shelton's sentencing, and the upcoming civil lawsuit with him and 3ABN.
-
Abuse Prevention ?a Priority
for Adventist ?Risk Management
Insurance unit working to shield minors, fulfill church’s mission (Posted Mar. 8, 2012)
BY ELIZABETH LECHLEITNER, Adventist News Network
A new child protection program from the Seventh-day Adventist Church’s risk-management unit is galvanizing efforts to shield minors from abuse and misconduct.
Through training for adults and children, as well as background screening for employees and volunteers who work closely with minors, Adventist Risk Management’s (ARM) Child Protection Plan equips local leaders to make the church a safe place, said ARM vice president and chief risk management officer Arthur Blinci.
“It’s part of our mission to help protect the ministries of the Seventh-day Adventist Church,” said Blinci, citing Children’s Ministries, Youth Ministries, Pathfinders, and Adventurers as a “core component” of those ministries. “Faith-based communities have a moral, ethical, and legal responsibility to protect children from harm when they’re in our care,” he said.
The church has made significant strides toward achieving that goal. In North America many church employees and volunteers are “mandated reporters,” Blinci said. This means they have a legal obligation to report abuse or allegations of abuse that occur within the church setting. By 2003 the church’s North American Division had drafted a protocol for dealing with sexual misconduct and child abuse. Late last year the division voted a new child protection policy mandating that every level of church administration implements training and screening programs for volunteers.
PREVENTING ABUSE: ARM vice president and chief risk management officer Arthur Blinci wants to put tools and resources in the hands of local church leaders. A partnership with Shield the Vulnerable equips them to better protect children, he said. [PHOTO: ARM]
The Adventist world church has also been proactive about writing guidelines and voting policies to protect minors. Indeed, at the church’s General Conference session in 2010, delegates voted to add to the Church Manual specific language guiding the appointment of church employees and volunteers who work closely with minors. They agreed adults leading out in Pathfinders, Vacation Bible School, children’s ministries, and Sabbath school programs “must meet church and legal standards and requirements, such as background checks or certification.”
Still, Blinci said, policies, guidelines, and good intentions go only so far. Adventist Risk Management routinely handles a couple dozen cases of child abuse every year and has spent some $30 million on indemnity cases over the past two decades. Many U.S. states have open statutes of limitations, allowing older claims of abuse to be raised and litigated.
What the church needs are tools and resources to put in the hands of local church administrators and leaders, he said.
“We’ve heard for so many years from church members, ‘How do we do it?’?” Blinci said.
Now Adventist Risk Management is providing an answer. Through a partnership with Shield the Vulnerable, the organization’s new Child Protection Plan offers online training for adults on addressing abuse, neglect, predators, bullying, boundaries, and respect. It also provides age-appropriate information for children on recognizing and reporting abuse.
Shield the Vulnerable—a California-based service provider that frequently works with faith-based, nonprofit organizations—also offers background screening for employees and volunteers as a “critical” line of defense, Blinci said.
“So often, especially on the volunteer side, there’s typically no screening. You want to volunteer for children’s ministries? Great, come on, we can use you,” he said. “Now, when potential volunteers know before they even apply that you’re going to run a criminal background check, if they have a propensity, they’re not even going to volunteer.”
While creating the Child Protection Plan, ARM discovered that the church’s Lake Union Conference had already partnered with Shield the Vulnerable and piloted its training and screening programs in the states of Illinois, Indiana, Michigan, Wisconsin, and a portion of Minnesota.
Blinci expects all 59 of the North American Division’s conferences will follow suit in the coming months. Through Shield the Vulnerable, a conference or other administrative unit creates an account that tracks progress as they train volunteers and perform background screenings. “It goes all the way down to the local church and school level,” he said.
From Adventist Review, March 7, 2012
I think this is a very timely post, Johann.
I also think the timing of the release of this information in the Adventist Review is quite likely to have some relation to the current news coming out about Tommy Shelton's sentencing, and the upcoming civil lawsuit with him and 3ABN.
After reading it, it is hard to see ANY relation as you state above. I fail too see the connection. :dunno:
-
There is a truism in statistics: Correlation is not cause. Don’t make that mistake here. The two events are independent and not related. Yes, there are people in the SDA Church who are interested in what happens with the litigation against TS and 3-ABN. Yes, there are people who are looking at this litigation to see if there are lessons to be learned for the denomination. I do not deny any of that. But, the Review article (statement) is the result of years of effort and very slow movements on the part of the denomination which only coincidentally occurred in the same time frame.
On a slightly different aspect of this: The litigation against TS and 3-ABN is not a threat against the SDA denomination. A fundamental issue in this litigation is the legal doctrine of ”ascending liability.” 3-ABN may very well become ensnared in this issue although they will attempt to escape. But, there is very little likelihood that the SDA denomination will be ensnared by ascending liability. The case for that is extremely weak and almost null.
-
Abuse Prevention ?a Priority
for Adventist ?Risk Management
Insurance unit working to shield minors, fulfill church’s mission (Posted Mar. 8, 2012)
After reading it, it is hard to see ANY relation as you state above. I fail too see the connection. :dunno:
It does not apply to your particular case at all, but it shows how the church is now trying to prevent child abuse in the future because of cases like yours. How many is not the point, and as Gregory points out, this preventive work could have started several years back. However it is interesting, like others have pointed out, that this should be announced just now - a few days ago. That is the reason for bringing it up here.
-
Abuse Prevention ?a Priority
for Adventist ?Risk Management
Insurance unit working to shield minors, fulfill church’s mission (Posted Mar. 8, 2012)
After reading it, it is hard to see ANY relation as you state above. I fail too see the connection. :dunno:
It does not apply to your particular case at all, but it shows how the church is now trying to prevent child abuse in the future because of cases like yours. How many is not the point, and as Gregory points out, this preventive work could have started several years back. However it is interesting, like others have pointed out, that this should be announced just now - a few days ago. That is the reason for bringing it up here.
That may be correct, but I do not feel it safe to presume that this announcement was directly involved with Tommy. In fact, many other churches (denominations) are implementing similar procautions such as this.
-
On a slightly different aspect of this: The litigation against TS and 3-ABN is not a threat against the SDA denomination. A fundamental issue in this litigation is the legal doctrine of ”ascending liability.” 3-ABN may very well become ensnared in this issue although they will attempt to escape. But, there is very little likelihood that the SDA denomination will be ensnared by ascending liability. The case for that is extremely weak and almost null.
But ascending liability is not the only concern. If there were additional victims on 3ABN's premises after Tommy was rehired, and if those additional victims were elementary school or academy students, or church attendees, and if those additional victims decided to seek compensation, then the Illinois conference might have cause for concern.
What makes it sticky is that the (previous) IL Conf. president was reportedly involved in getting Tommy out of there in 1991, and the IL Conf. president and Mollie Steenson were on both the 3ABN Board and the conference executive committee. It would be hard for both of them to deny having any knowledge of the risk Tommy posed being so close to children.
What about in cases where the church or its leadership or ASI has promoted 3ABN to church members? What if those promoters knew or should have known of the risk that Tommy posed, say to kids on Kids Time? What if one of the member's kids went to Kids Time and became yet another victim? What then?
Or, what about where Tommy at the invitation of a local church was part of a 3ABN rally at that church? What about if leadership in that church or in that conference knew or should have known about the decades-long string of allegations against Tommy? What then if a child in that church became yet another victim, and now seeks compensation?
My understanding is that after the IL Conf. president in 1991 got Tommy out of there, top leadership in the church knew about the problems. Typically, problems are communicated down the line, back down to the conference and pastoral level, particularly when it deals with independent ministries. How then might any church entity defend itself against a Tommy-related suit by claiming that there was no possible way that they could have known of the extreme risk that Tommy posed around children?
I'm not saying any of this to be critical. I'm just saying that there is more to this than ascending liability. It is a real concern, and the expressing of this very concern in 2006 was what started the ball rolling until Danny and 3ABN sued me in 2007, trying to shut me up. But regardless of their ungodly, evil shenanigans, it still is the truth, that Danny's utter irresponsibility in covering up the allegations against Tommy has jeopardized my church. And I think that is wrong, and I think he should resign, pack up, and leave in consequence. He has proven himself morally unfit to lead out at 3ABN.
-
Abuse Prevention ?a Priority
for Adventist ?Risk Management
Insurance unit working to shield minors, fulfill church’s mission (Posted Mar. 8, 2012)
After reading it, it is hard to see ANY relation as you state above. I fail too see the connection. :dunno:
It does not apply to your particular case at all, but it shows how the church is now trying to prevent child abuse in the future because of cases like yours. How many is not the point, and as Gregory points out, this preventive work could have started several years back. However it is interesting, like others have pointed out, that this should be announced just now - a few days ago. That is the reason for bringing it up here.
That may be correct, but I do not feel it safe to presume that this announcement was directly involved with Tommy. In fact, many other churches (denominations) are implementing similar procautions such as this.
I agree with you. Why not?
-
it still is the truth, that Danny's utter irresponsibility in covering up the allegations against Tommy has jeopardized my church.
It is amazing that top Seventh-day Adventist Church leadership has known about this problem for the last 20 years, Bob!
-
the Review article (statement) is the result of years of effort and very slow movements on the part of the denomination which only coincidentally occurred in the same time frame.
Gregory, where is your documentation of your statement which you have worded as fact?
What proof do you have that there is no significance between the time frames of the accusations against Tommy Shelton leading up to his pleading guilty to four felony accounts, having his bail revoked and going to jail on January 18, 2012, and the publication of the Adventist Review article on March 7, 2012?
-
I have no problem with you disagreeing with you.
Documentation: What would you want. Would you expect for the Review to post the following statement: The publication of this statement in the Review has nothing to do with the sentencing of Tommy Shelton to a prison term and the associated litigation that has been filed against 3-ABN.
Or, would you think that you might find the following statement recorded in the minutes of some denominational meeting: The members of this Board voted 25-6, in view of the prison sentence given to Tommy Shelton and the associated lititagion that has been filed against 3-ABN, to protect this denominational organization from such attempts to litigate against it, that the following statemet should be printed in the next available issues of the Review. (the Statement then follows.)
In reality, any statement that might be written would likely be based upon the personal knowledge and experience of the person who made the statement.
My statement wa based upon my person observation of how such issues have developed in the SDA Chruch and their development before the current situation with 3-ABN came to light along with my personal knowledge of some lindividuals who have made claims against the chruch and how those issues have developed.
If you disagree wiht me, I have no problem. I do not know everything. I have beee wrong before and I expect to be wrong again. On this one, I do not believe that I am wrong.
-
Thank you for clarification that this was a statement of your opinion, Gregory, not of fact.
-
There is much in life that does not have objective documentation outside of the personal knowledge and experience of the person who makes the comment.
That is true in history.
It is very much true in archaeology.
Whenever one askes for documentation, which is a valid quesiton, the next question becomes one of what is expected of documentation? The reality is that much of human knowledge is gained by personal experience.
There are whole fields of science that reason from an observation of the specific to a generalization of the whole.
The elementary student in statistics learns that correlation is not cause. Two independent things may be directly.correlated, but that does not mean that one causes the other.
Allow me to illustrate that truism: There once was a teacher in a 8-grade school who wanted to study the ability of children to read. that teacher wanted to test the thesis that the ability to read was caused by the size of the large toe of the students.
So all students in the 8 grades were measured for ability to read and then ranked from lowest ability to that of the highest ability. Then each student was measured for the size of their large toe. and ranked from the shortest toe to the longest toe.
When the two were compared it clearly demonstrated that there was a positive correlation between the size of the students large toe and their ability to read.
O.K. Did the teacher prove the thesis that the ability to read was caused by the size of the large toe?
NOTE: My illustration came from a textbook that I once used in a statistics class. I did not origonate it.
-
When did DS move to California? Is the link below referring to a different DS and TS? Perhaps since it has TS living in Miss. and not in VA where he currently lives.
http://www.legacy.com/obituaries/courierpress/obituary.aspx?n=patty-boone&pid=156443961 (http://www.legacy.com/obituaries/courierpress/obituary.aspx?n=patty-boone&pid=156443961)
-
If that is the same DS and TS, why are Kenny, Tammy, and Ronnie missing from the list of survivors? My guess is that these are different Sheltons.
-
Whenever one asks for documentation, which is a valid question, the next question becomes one of what is expected of documentation? The reality is that much of human knowledge is gained by personal experience.
Does it depend on the ability of the lawyer if this is admissible in court?
-
Johann: I am not certain that I understand your question.
-
Whenever one asks for documentation, which is a valid question, the next question becomes one of what is expected of documentation? The reality is that much of human knowledge is gained by personal experience.
Does it depend on the ability of the lawyer if this is admissible in court?
Does the personal experience depend on the ability of the lawyer if that personal experience is an acceptable evidence in a court case?
-
In court, expert witnesses often testify on the basis of personal experience. Of course that will be subject to rebuttal.
Let us go back to basic logic which can be:
Inductive: Where one observes a few members of a class and applies that observation to all members of the class.
Deductive: Where one observes common charastics of a class and then applies those observations to specific members of that class.
Of course both can be faulty, but induction may be weaker than deduction.
-
Busy week this week. My attorneys and 3ABN's will have a status hearing, by phone this coming week. Also, the response to 3ABN's 2nd motion to dismiss is due to be filed this week.
Perhaps, I will know more after the status hearing if there is a possibility of settlement (doubt it!), or what to expect in the coming months.
-
I now have a completely different outlook on this case, and I agree with Alex - I doubt there will be a settlement.
-
What caused your different outlook, Snoopy?
-
What caused your different outlook, Snoopy?
I believe you will soon know the answer to that, Artiste.
-
Any further updates regarding this?
-
More court filings at http://www.3abnvjoy.com/ilsd-12cv00114/ (http://www.3abnvjoy.com/ilsd-12cv00114/).