B. Definitions
1.
Pastoral Relationship:
A relationship between a cleric, employee or volunteer
and any person to whom such cleric, employee or volunteer provides
counseling, pastoral care, spiritual direction or spiritual
guidance or from whom such cleric, employee or volunteer has
received confession or confidential or privileged information.
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C. Sexual Misconduct means:
a. Sexual abuse or sexual molestation of any
person, including, but not limited to, any sexual involvement
or sexual contact with a person who is a minor or who is legally
incompetent; or
b. Sexual harassment in a situation where there
is an employment, mentor or colleague relationship between the
persons involved, including, but not limited to, sexually-oriented
humor or language; questions or comments about sexual behavior
or preference unrelated to employment qualifications; undesired
physical contact; inappropriate comments about clothing or physical
appearance; or repeated requests for social engagements; or
c. Sexual exploitation, including, but not
limited to, the development of or the attempt to develop a sexual
relationship between a cleric, employee or volunteer and a person
with whom he/she has a pastoral relationship, whether or not
there is apparent consent from the individual. Sexual exploitation
includes activity such as intercourse, kissing, touching of
breasts or genitals, dating during the course of counseling
relationship, verbal suggestions by a cleric of sexual involvement.
C. Scope
1. Clergy, Lay Employees
and Volunteers
The policies and standards apply to all clergy, lay
employees and volunteers of Episcopal parishes and other bodies
within the Diocese. The procedures also apply, subject to canonical
limitations, to all aspirants, postulants, candidates or seminarians
sponsored by, or working in, this diocese.
2. Other Forms of Sexual
Misconduct
These policies deal specifically
with sexual misconduct involving pastoral relationships. Other forms of sexual misconduct, by clergy
and others, will be dealt with according to the situation and,
where appropriate, steps outlined in this Manual may be taken.
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II. STATMENT OF POLICIES AND
STANDARDS
A. Prohibition of Sexual
Misconduct. Sexual
misconduct involving a pastoral relationship by any member of
the clergy, staff person or volunteer will not be tolerated.
B. No Prior History of Abuse
For Child/Youth Workers. There shall be no interaction with
children and youth by anyone with a civil or criminal record
of child sexual abuse or who has admitted prior sexual abuse
or anyone known to have a paraphiliac diagnosis (e.g., pedophilia,
exhibitionism, voyeurism) as defined by the American Psychiatric
Association.
C. Standards of Behavior. Clergy, staff and volunteers shall abide
by the following standards of behavior:
1. Clergy and
those responsible for parish, educational or recreational activities
are expected to maintain the highest ethical standards in all
their relationships with those for whom they have responsibility.
2. The pastoral
counseling and care function creates a special relationship
of trust and power. Exploitation of this trust and power through
sexual misconduct as defined above will not be tolerated. All
relationships are to be respected and maintained by all clergy
and other professionals in the service of the Diocese in every
pastoral or counseling situation. All clergy and other professionals
in service of the Diocese are expected to maintain the highest
ethical standards in all relationships in every pastoral and
counseling situation.
3. Clergy and
other professionals in the employ or service of the Diocese
or any of its parishes or agencies are expected to exhibit unquestionable,
ethical behavior with their colleagues at all times. Sexual
misconduct as defined above will not be tolerated.
D. Clergy Dating: Any cleric contemplating entering
into a relationship with a person with whom the cleric has a
pastoral relationship is advised to seek discernment in the
Christian community. This includes consultation with the Bishop
or a person appointed by the Bishop and with representatives
of the parish or other place of ministry. In addition, care
must be taken in such a situation that pastoral care for the
parishioner is available from another priest. If a complaint
is made regarding such a relationship, this Diocese will investigate
it according to the procedures outlined in this Manual.
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E. Requirement for Child Abuse Training:
A
minimum of four hours of initial training on issues of child
sexual abuse in church settings will be required for all clergy,
volunteers who regularly supervise youth activities, and employees.
F.
Requirement for Adult Misconduct
Training: A minimum Of four hours of initial training on issues of sexual harassment in employment, mentor
and colleague relationships and sexual exploitation in pastoral
relationships will be required for
all clergy and employees (excluding clerical and maintenance
workers).
G. Pastoral Care Safeguards: A member of the clergy, or other pastoral care provider,
who provides pastoral care to an individual, will be required
to have ongoing professional supervision, or otherwise to refer
the individual to professional counseling, when six sessions
of pastoral care or counseling have been held with the individual
within a six-month period.
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Some pastoral care providers practice the traditional
art of spiritual direction, meeting with a directee no more
than once a month to focus specifically upon that person's relationship
with God. The spiritual director should seek wise counsel to
protect the directee from the director's blind spots. Anyone
practicing formal spiritual direction shall submit that ministry
to peer or supervisory review with a spiritual advisor approved
by the Bishop or other ecclesiastical authority.
Fees or donations for pastoral care are proscribed.
Anyone charging fees for counseling outside the scope of church
employment must possess appropriate professional credentials
and proof of separate professional liability insurance, including
coverage for sexual misconduct, in force at all times.
H. Background Checks: Thorough background checks will be made of
all clergy, volunteers who regularly supervise youth activities
(excluding unpaid Sunday School teachers), and employees, within
the confines of permissible law, prior to ordination, employment,
or acceptance into the Diocese (either initial licensing or
accepting a letter dimissory) to determine current or historic
sexual misconduct allegations, criminal records or paraphiliac
behavior. Such background checks will include inquiries of all
bishops having past or present canonical authority over the
individual, all schools attended by the individual during the
past five years, and all employers of the individual during
the past five years. If the individual has had one employer
for over five years, then inquiries will be made of the two
most recent employers.
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1. Receipt of Manual for
Policies and Procedures Concerning Sexual Misconduct: The
Manual for Policies and Procedures Concerning Sexual Misconduct
shall be given to all clergy, including visiting clergy, volunteers
who regularly supervise youth activities (excluding unpaid Sunday
school teachers), vestry members, and employees. Each person
receiving the Manual shall sign the Acknowledgment of Receipt
form at the front of the Manual, and shall deliver it to the
Diocese.
IV. GUIDING PRINCIPLES
- This procedure is intended to acknowledge several concerns:
- that clergy can be wrongfully accused of sexual misconduct;
- that every allegation which reaches the Bishop deserves
a response from the Bishop;
- that the Bishop cannot be the only one who actually
assesses or evaluates the substance of allegations;
- that the Bishop
will employ this procedure in each instance of allegation
unless the Bishop is absolutely persuaded that the allegation
is obviously unfounded or of a trivial nature;
- that the Bishop holds both pastoral and disciplinary
responsibilities;
- that a uniform procedure ensures that all cases will
be treated with compassion and justice, as well as consistency;
- that the Bishop's pastoral concern is directed to both
alleged perpetrators, as well as alleged victims;
- that the Bishop may consult, in confidence, with any
person so chosen to review issues and materials regarding
any alleged incident(s) of sexual misconduct;
- that the Bishop
should refrain from placing conversations regarding allegations
within a sacramental framework, but is well-advised to guard
the privacy of all individuals concerned with utmost care;
- that the Bishop may refer cases for further investigation
under relevant canonical procedures when deemed appropriate;
and,
- that the principles for healing in the congregation
are an integral part of the pastoral process.
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IV. RESPONSE
TEAMS
The Bishop will appoint both lay persons and clergy to serve on Response
Teams, to assist the Bishop with all complaints of sexual misconduct.
The Diocesan Standing Committee and the Commission on Ministry
will make recommendations to the Bishop of qualified individuals
to function as the Response Team.
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Several teams may be created and
membership might be interchanged for a specific investigation,
but each team that responds to a complaint of sexual misconduct
shall be composed of four members, and must include both mate
and female members, clergy and lay members. The recommended
composition is as follows:
Attorney;
Licensed mental health
professional with expertise in sexual misconduct issues;
Independent conflict consultant;
Coordinator from Bishop's
office.
Team members will receive training in crisis intervention
and interviewing of alleged offenders, victims, and witnesses.
Training and ongoing supervision of Response Team members will
be under the direction of a person skilled in these areas and
appointed for this purpose by the Bishop.
No member of a Response
Team will serve simultaneously as an advocate or liaison or
an alleged victim and as an investigator of the complaint made
by that person.
Response Team members will not be assigned to investigate
any complaint where their judgment or objectivity may be impaired
by relationship to any of the parties to a complaint or by the
appearance of an impairment.
V. NOTIFICATIONS
AND RESPONSES
1. All complaints of sexual misconduct will
be reported immediately to the
Bishop.
2. If the complaint is against a lay staff
worker, the head of the employing agency involved may be notified
and will immediately notify the Bishop.
3. The Bishop
will comply with legal requirements, if any, for notification
of law Enforcement officials. Whether any reporting requirements
exist or apply to a particular situation will be determined
in consultation by the Bishop and the Chancellor.
4. Within two days
after receiving an oral or written complaint of sexual Misconduct
the Bishop will assign the complaint to the Response Team for
investigation.
5. The Bishop's office will
immediately notify the complainants and the alleged offender
that a complaint has been filed and assigned to the Response
team for investigation.
6. The Bishop will notify the Chancellor and/or
Standing Committee, as
appropriate.
7. As soon as it is received, subject to the
advice of the Chancellor, a copy of the written complaint will
be given to the accused.
8. The Bishop will immediately
issue a pastoral directive to the alleged offender proscribing
any contact with the complainant until after the Response Team
has completed its investigation. The Bishop may recommend the
accused obtain private legal counsel (not from the Chancellor's
office or parish attorneys).
9. The Bishop may, with the
advice of the Chancellor, place on leave of absence with pay
the person who is the subject of the allegation during an investigation.
This leave is without prejudice and does not imply the guilt
or innocence of the person under investigation.
10. The Bishop,
with the advice of the Chancellor, may prepare a written statement
to the congregation stating only the relevant information. No
further statements about the alleged incident will be made without
the advice of the Bishop and/or the Chancellor.
11. The Bishop or person(s) appointed by the
Bishop may meet with the vestry, congregation, or interim minister
to assist the parish in responding to their crisis.
12. If the
accused wishes the sacrament of penance or pastoral care, it
is recommended that the accused should obtain those ministries
from someone other than from within the parish or the Bishop's
office.
13. Reporting and notification requirements as
contained in the diocesan, parish or other liability policies
shall be strictly followed.
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VI. INVESTIGATION
1. The
Bishop, and/or the Response Team, will meet with the complainant(s)
within five working days of receiving notification of the complaint,
unless good cause exists for delay. The complainant(s) may be
accompanied by a person of his/her choice for the interview.
2. Upon receipt of an oral or
written complaint of clergy sexual misconduct, the Bishop will
ask the Response Team to obtain from the complainants the following
information: dates, times, location, and details of the specifies
of the alleged misconduct, as well as the names, addresses and
phone numbers of all coniplainant(s) and witnesses.
The Bishop's office
will immediately forward a written statement containing such
information to the complainant(s) for signature. Upon receipt
of the signed complaint(s), the Bishop will proceed with the
investigation.
3. The Bishop and/or the Response
Team will meet with the accused and with ill other witnesses.
The Bishop will specify to both complainant(s) and accused,
appropriate guidelines for privacy as the process continues.
The accused may be accompanied by a person of his/her
choice.
4. The complainants will be kept advised at
all stages of the process and told of its outcome.
5. If the
Response Team recommends such evaluation, the Bishop may arrange
or a clinical evaluation of the alleged offender, by a person
professionally qualified and experienced in the evaluation of
clergy sexual misconduct. Upon receipt of appropriate releases,
the results of the evaluation will be available to the Bishop,
the Response Team, and the alleged offender. The Diocese will
pay for the evaluation.
6. If desired, any party or witness to the
alleged misconduct will be permitted to submit a statement in
writing.
7. If a complainant
alleges sexual misconduct by the Bishop, the Standing Committee
will ask a Bishop serving in another diocese to perform the
procedures outlined in this policy.
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VII. REPORTS
AND RECOMMENDATIONS
The Response Team will make at least a preliminary,
written report and recommendations to the Bishop within fourteen
(14) days. The Response Team will move is swiftly as possible
towards completion of a final report and recommendation to the
3ishop. The final report will include the original written statements
of complaint and all written statements submitted by other persons.
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VIII. DISPOSITION
Upon receipt of the Response Team's recommendation,
the Bishop may, at his Discretion, meet with the complainants
and the accused (each may be accompanied by an individual of
their choice), either jointly or separately, or may appoint
a personal representative for this purpose.
A. If the Response Team recommends that the allegation be
found unsubstantiated, and the Bishop adopts the recommendation:
1. The Bishop shall, if he/she deems it appropriate, begin a process
of individual or corporate healing.
2. The Bishop will meet with the complainant
and the alleged offender, jointly or separately, and each may
be accompanied by an individual
of their choice, to discuss what steps may be necessary
to make known the determination.
3. The
accused will be afforded an opportunity to clear his/her name
and to insert into the file a statement of innocence.
4. The Bishop may exonerate the accused publicly or privately.
B. If
the allegation is substantiated, and the Bishop adopts the recommendation:
1. The Bishop will immediately inform the
victim(s) and the accused.
2. The
offender will immediately be suspended from his/her current
position, pending rehabilitation.
3. The Bishop will meet with the victim and
the victim's family,
if appropriate, to express the Church's regret and discuss
how the Church may assist them.
4. The Bishop or a representative appointed
by the Bishop will meet with the offender. The offender may
be accompanied by another person, if the offender desires. The
Bishop will determine whether disciplinary action under the
Canons of the Episcopal Church are appropriate; the Bishop or
a representative will discuss with the offender what disciplinary
actions the Bishop intends to take.
5. The
Bishop will notify the appropriate vestry or other church-affiliated
employer of the result of the investigation.
6. If appropriate, the Bishop will refer the- offender for therapy
by persons professionally qualified in treatment of clergy sexual
misconduct.
7. The Bishop will ensure that all recommended
services are being pursued by the offender and will receive
periodic reports from the clinical providers, without clinical
details, concerning general progress.
8. Before the offender may be eligible for future or continuing
employment within tire Diocese, the following requirements must
be met:
a. the offender must submit to professional rehabilitation
assessment by a credentialed professional approved by the Church
Insurance Company;
b. if
the offender is ordained clergy, the Bishop of canonical residence
and the Bishop of current jurisdiction (if different) must endorse
the future or continuing employment; and
c. the offender must make amends to any aggrieved
party to the satisfaction of his/her ecclesiastical superior.
Public acknowledgment of the misconduct, including exoneration
of, and restitution to the victim, will normally be required.
9. The
Bishop, or the Bishop's representative, will inform the victim(s)
that actions are being taken, without specifically disclosing
the clinical content.
10. If the accused is not willing to pursue the
courses of therapeutic action recommended, he/she will continue
under suspension while other alternatives are considered. Failure
to comply within a reasonable time will be grounds for long-
term suspension or deposition.
11. The Bishop or the Bishop's representative
may meet with the offender's family to discuss how the Church
may assist them.
C. Privacy Considerations
1. The Bishop,
Response Team members, and all other representatives of the
Diocese will make every effort to protect the privacy of victims
of sexual misconduct.
2. All complaints, records of Response Teams' investigations and
determinations by the Bishop will be held in strict confidence
in the Bishop's office and separate from ordinary personnel
files.
3. The Response Team will not disclose any part of their investigation
to anyone except the Bishop and Standing Committee. Response
Team members will not
retain personal copies of any investigatory records.
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IX. HEALING
IN THE CONGREGATION
A. Basic Principles:
1. It is appropriate for the
Bishop (or a designated representative) to be in regular contact
with the victims and to describe to them the process for congregational
healing before such a process actually begins.
2. There is a need to balance the privacy of
the victim(s) against the importance of openness with the congregation.
3. Insofar
as possible, the identities of victims need to be kept in confidence. Therefore, any details which may identify
victims must be guarded carefully.
4. Experience teaches us that parishioners
usually know that "something is going on." In the
absence of facts, rumor and speculation increase.
5. The lay leadership or a congregation
should be given the first
opportunity to be made aware of the issues which have emerged.
The participation of this group is vital in planning the processes
for congregational healing.
6. The heating
and unity of a congregation are fostered if there is an open
congregational meeting at which the Bishop and/or designated
representative present as much information (facts only) as possible
to the assembled group.
7. Such a
meeting, regardless of the extent of the information given,
constitutes a trauma for the congregation. Appropriate personnel,
trained in crisis ministry, should be invited to be present
and should make themselves available on a small group or one-to-one
basis immediately after the formal presentation.
8. It is
recommended that the format of the cong
