Date: Thu, 26 Jun 1997 10:26:56 -0400 (EDT) From: Darrell128@aol.com Subject: NR 97080: Muskegon Classis Seeks to Avoid Media Expose; Votes to Try Rhem on "Gross Sexual Misconduct" Charges NR #1997-080: Muskegon Classis Seeks to Avoid Media Expose; Votes to Try Rhem on "Gross Sexual Misconduct" Charges Faced with a written warning that the matter would be taken to the news media if they didn't act, the Muskegon Classis of the Reformed Church in America met June 24 in closed session to "present to classis, in its role as Grand Jury, the charges, outline of evidence, and recommendations arrived at" by classis committees investigating charges of "gross sexual misconduct" against Rev. Richard Rhem. "It is understood by this group that classis must satisfy itself in regards to timeliness and evidence both," wrote the classis executive committee. "Before moving to trial classis must agree that the delay in reporting the charge, and the initial evidence, are reasonable and thereby indicate the appropriateness and need to move into the judicial process." While classis minutes are not yet available, according to sources close to the investigation, classis voted to begin a church trial of Rhem on charges of "gross sexual misconduct" and notify Rhem of that decision by certified mail. Serious consequences could have followed if classis had moved in a different direction. "[The alleged victim] either will have justice for sticking her neck out or weekend's TV and papers will be carrying her story," wrote an associate of the alleged victim in a letter providing explicit details of the sex charges against Rhem, noting that two TV stations and a national magazine had already contacted her and others who wanted to come forward. NR #1997-080: For Immediate Release Muskegon Classis Seeks to Avoid Media Expose; Votes to Try Rhem on "Gross Sexual Misconduct" Charges * Rhem's Attorney: RCA procedures have "no more relevance and/or authority over these parties than the procedural code of Kazakhstan" by Darrell Todd Maurina, Press Officer United Reformed News Service MUSKEGON, Mich. (June 25, 1997) URNS -- Faced with a written warning that the matter would be taken to the news media if they didn't act, the Muskegon Classis of the Reformed Church in America met June 24 in closed session to "present to classis, in its role as Grand Jury, the charges, outline of evidence, and recommendations arrived at" by classis committees investigating charges of "gross sexual misconduct" against Rev. Richard Rhem. The key questions before classis were whether to waive the RCA's two-year statute of limitations and whether the initially presented evidence met the church order's "sufficient merit" standard of probable truth. "It is understood by this group that classis must satisfy itself in regards to timeliness and evidence both," wrote the classis executive committee. "Before moving to trial classis must agree that the delay in reporting the charge, and the initial evidence, are reasonable and thereby indicate the appropriateness and need to move into the judicial process." While classis minutes are not yet available, according to sources close to the investigation, classis voted to begin a church trial of Rhem on charges of "gross sexual misconduct" and notify Rhem of that decision by certified mail. Serious consequences could have followed if classis had moved in a different direction. "[The alleged victim] either will have justice for sticking her neck out or weekend's TV and papers will be carrying her story," wrote an associate of the alleged victim in a letter providing explicit details of the sex charges against Rhem, noting that two TV stations and a national magazine had already contacted her and others who wanted to come forward. "If classis does not vote for a judicatory, Tuesday she will no longer keep her promise of silence. Classis says what it wants to say to the press. [Christ Community Church] constantly informs them of their news and views but she is expected to keep silence," wrote the associate. "Classis' inactive part will not make good PR for the RCA." The classis vote followed failed efforts by the classis' attorney to get Rhem and the board of trustees of his Spring Lake church to submit to interviews and provide copies of "all relevant files and other information pertaining to the internal handling of the content of this charge." In a letter to classis' attorney Robert Sikkel obtained by United Reformed News Service, Rhem's attorney Roger Boer said that would not happen until Rhem received copies of the charges and the written documents filed by the alleged victim that led to the investigation. "Until this initial threshold of due process and fairness is met, Christ Community Church and Rev. Richard Rhem are not in a position to even consider furnishing information or being part of an interview process," wrote Boer, who argued that one of the "basic problems we have with Classis Muskegon" is that classis had decided to "make up the rules as they go along." Boer's letter minced no words about his opinion of the Muskegon Classis in his letter to the classis attorney. "I have the highest regard for your personal integrity, honesty, and fair dealing along with the reputation of your law firm," wrote Boer. "Please be advised, however, that this regard does not extend to Classis Muskegon RCA, [classis minister Rev. Richard] Veenstra, or certain other officers of classis." Boer was even less happy after the classis vote. "It is inconceivable that an entity such as Classis Muskegon could project a trial without providing the charges to the parties involved," wrote Boer in a prepared statement to the media. "It is also inconceivable that a group of clergymen and church elders should naively indulge and support a fourteen-year-old fantasy of this woman. The classis' own Committee of Inquiry rejected a trial in its finding over one year ago, stating that the charges could not be corroborated." Boer also reminded classis that the church had declared itself independent of the RCA last year and said RCA procedures have "no more relevance and/or authority over these parties than the procedural code of Kazakhstan." "It is requested that Classis Muskegon cease and desist from this continued community discord, that classis act fairly, equitably, and with honest due process," wrote Boer. Classis officials declined response to Boer's comments. Classis first banned reporters from the building where delegates were meeting; after requiring reporters to wait in the parking lot until adjournment of the nearly three-hour closed session, classis president Rev. Mark Nieuwsma refused to tell reporters anything about what had happened. "We feel this is strictly a confidential matter that rests with classis," said Nieuwsma. "We do not want any information released to the media at this point." However, in a letter to classis obtained by United Reformed News Service, the alleged victim and her church counsel Rev. Mike Van Doornik said the 1983 and 1984 charges against Rhem were made by other women, not the current accuser, who alleged that Rhem's "abuse and betrayal of me did not end until early 1990's." Timing of the cases is crucial. The RCA has a two year statute of limitations specifying that "the judicatory shall dismiss a written charge if the alleged offensive behavior occurred more than two years prior to the date of the charge, except where it shall appear that circumstances prevented an earlier bringing of the accusation." While the last clause grants wide latitude in waiving the statute of limitations, judicatories would ordinarily be expected to do so more readily for charges that had recently expired than for fourteen-year-old charges. When classis initially dismissed the alleged victim's charges last year, former classis president Elder Howard Connell said in open session that the finding of insufficient evidence was at least in part because Christ Community members made "threats of legal action against classis if they continued to seek out the facts of the charge." According to RCA procedure, ministers and churches cannot withdraw from the denomination without permission. Even if Rhem does not appear for his trial, classis may proceed to hear and vote upon the charges in his absence "if it is satisfied that proper notice was given." Personal penalties for Rhem could range from pastoral admonition and rebuke to judicial suspension, deposition from the ministry, or in extreme cases, excommunication. While the verdict may mean little to Rhem or his church, a minister convicted of sex charges by a church court is unlikely to be able to join another denomination without extensive examination of the charges. Penalties for Rhem's church could be more serious. After the classis executive committee recommended a formal rebuke of Rhem on theological rather than moral grounds, the church declared its independence from the RCA on July 4, 1996 -- a decision which the denomination refuses to recognize. Classis officials have since refused to sign a negotiated separation agreement, arguing that permitting the church to leave the RCA would make it impossible for the alleged sexual misconduct victim to press her charges. Both sides concur that RCA polity gives the classis the legal right to seize the church building, but doing so would require repayment of a $1.3 million mortgage. It was not immediately clear whether classis had addressed two other complaints against Rhem and his church: a request by the executive committee of the Regional Synod of the Great Lakes that the classis investigate Christ Community Church's circulation of an open letter containing details of the charges to the news media and a suggestion by the regional synod's overtures and judicial business committee -- later adopted by the regional synod -- that classis could file a charge of obstruction of justice if Rhem and his church refused to cooperate in the investigation of the sexual misconduct charges. Cross-References to Related Articles: #1996-013: Special Meeting of RCA's Muskegon Classis Discusses Homosexuality, Scripture, Salvation Apart from Christ #1996-023: Muskegon RCA Classis: No Room for Pastor Questioning Salvation Apart from Christ, Authority of Scripture #1996-086: Muskegon Classis Rebukes Rhem for "Heretical" Views, Restarts Negotiations "to Reach a Mutually Acceptable Separation Agreement" with Christ Community Church #1996-091: Rhem Conflict Leads to Homosexuality Debate in Muskegon #1996-092: Back to the Drawing Board: Muskegon Classis Tables Proposed Settlement with Pastor of RCA's Fourth-Largest Church #1996-093: Dr. Jonathan Gerstner on Rhem: "Tragedy is the Only Word" #1996-094: Second RCA Minister Faces Discipline for Theological Views #1996-103: Classis Muskegon Averts Heresy Trial, Completes Separation Agreement with Richard Rhem, Christ Community Church #1996-110: Appeal Stalls Settlement Agreement on Rev. Richard Rhem; Protests Greet Upcoming Rhem Keynote Speech for RCA Regional Synod of the Mid-Atlantics on "The Church in Conflict... Can Non-Believers be Saved?" #1996-118: Rhem to Reformed Church in America: "The Bible is a Wax Nose" #1997-001: Muskegon Classis Suspends Separation Agreement Until Regional Synod Adjudicates Appeal on "Gross Sexual Misconduct" Allegations Against Richard Rhem #1997-002: Rhem's Attorney Responds: "Classis... Has Engaged in Conspiratorial Actions Which Were Maliciously Calculated to Damage Rev. Richard Rhem and Christ Community Church" #1997-007: Appeal of Charges Against Rhem Sent Back to Committee by RCA's Regional Synod Executive Committee; Van Hoeven Appeal to Proceed with Recommendation of Dismissal #1997-019: Reformed Church in America Classes Poised to Vote on Church Order Change: Should All RCA Ministers and Churches Annually Reaffirm that Salvation is Through Christ Alone? #1997-026: SW Michigan Becomes First RCA Michigan Classis to Ratify Church Order Amendment on Salvation Through Christ Alone #1997-028: Rhem Case on Hold; Muskegon Classis Affirms Salvation Through Christ Alone #1997-031: Reformed Church in America's Second and Third Largest Classes Vote to Affirm Salvation Only Through Christ #1997-032: South Grand Rapids Classis Overtures Reformed Church in America to Reject "Full Communion" with United Church of Christ Due to UCC Approval of Gay Marriage and Ordination #1997-033: Holland Classis Rejects Church Order Amendment to Require Annual Declaration that Salvation is Through Christ Alone #1997-034: Reformed Church in America Rejects Annual Declaration that Salvation is Through Christ Alone #1997-040: Typo Leads Reformed Church in America to Recommend New Vote on Salvation Apart from Christ #1997-043: RCA Committee Asks Regional Synod of the Great Lakes to Send Rhem "Gross Sexual Misconduct" Case Back to Muskegon Classis for Investigation, Possible Trial #1997-044: Great Lakes Regional Synod Minister: Reformed Church in America not "Dead," but Needs to "Wake Up" #1997-045: Reformed Church in America Regional Synod of the Great Lakes Sends Rhem "Gross Sexual Misconduct" Case Back to Muskegon Classis for Investigation, Possible Trial #1997-046: Rhem's Attorney Responds: "The RCA in Western Michigan [is] Truly a Dysfunctional Family" #1997-057: RCA's Muskegon Classis Calls Special Meeting to Consider Trial for Richard Rhem on Sexual Misconduct Charges #1997-058: Reformed Church in America's Muskegon Classis to Investigate Sexual Misconduct Charges Against Rhem #1997-079: Muskegon Classis to Meet June 24 for More Inquiry on "Gross Sexual Misconduct" Charges Against Rev. Richard Rhem; Classis Also Asked by Regional Synod to Consider Charging Rhem's Church with Leaking Documents to News Media Contact List: Rev. E. Wayne Antworth, Director, RCA Stewardship & Communication Services 475 Riverside Drive, New York, NY 10115 O: (212) 870-2954 * FAX: (212) 870-2499 Roger W. Boer, Esq., Partner, Rhoades, McKee, Boer, Goodrich & Titta, Attorneys at Law 161 Ottawa Ave. NW, Suite 600, Grand Rapids, MI 49503-2793 O: (616) 235-3500 * FAX: (616) 459-5102 * E-Mail: webmaster@grlaw.com Elder Howard Connell, Past President, Classis Muskegon 2260 Riverwood Dr., Muskegon, MI 49445 H: (616) 744-7594 Rev. Howard Moths, Stated Clerk, Regional Synod of the Great Lakes 2795 Rosewood St., Jenison, MI 49428 O: (616) 669-6690 * H: (616) 669-1983 * E-Mail: HMoths@aol.com Rev. Richard Rhem, Senior Pastor, Christ Community Church 225 East Exchange St., Spring Lake, MI 49456 O: (616) 842-1985 * H: (616) 846-7777 * F: (616) 842-3476 * E-Mail: christcommunity@novagate.com Robert W. Sikkel, Attorney, Warner, Norcross & Judd 400 Terrace Plaza, PO Box 900, Muskegon, MI 49443-0900 O: (616) 727-2600 Rev. Steve Smallegan, Stated Clerk, Muskegon Classis 3025 Glenside Blvd., Muskegon, MI 49441 O: (616) 759-3238 * H: (616) 755-8446 * E-Mail: MuskegonMI@aol.com Rev. Merwin Van Doornik, Counsel for Appellant 1985 Driftwood Dr., Holland, MI 49424 H: (616) 786-9155 * O: (616) 728-9446 Rev. Sherwin Weener, Synod Minister, Regional Synod of the Great Lakes 4500 - 60th St. SE, Grand Rapids, MI 49512 O: (616) 698-7071 * H: (616) 457-3572 * E-Mail: SGLSherwin@aol.com ---------------------------------------------------------- file: /pub/resources/text/reformed/archive97: nr97-080.txt .