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Preamble
Catholics believe that our baptism makes us members of the People of God and members of the faith community we know as the Church. The protection of children and vulnerable persons is part of the very mission of the Church, because it enables all members of the community to practice their faith in a safe environment, confident that all the faithful are committed to their protection and well being.
Sexual misconduct is always a tragedy and calls for the Diocese to respond with justice and compassion toward all those persons involved. Our primary concern must be for the victim.
The development and implementation of this policy has as its goals, the prevention of sexual abuse, the protection of the vulnerable, the pastoral care of those wounded by misconduct, along with the acknowledgment of the legal rights of the accused and the appropriate action toward those who have committed sexual misconduct.
The Diocese expects its bishops, priests, deacons, lay personnel and volunteers to live chaste and moral lives, respecting in every way the integrity of the other. Inappropriate sexual activity abuses the power and authority of the pastoral role of all who work for the people of God and serve them. For all to grow in personal holiness is the first goal of the Diocesan Pastoral Plan.
The Diocese will co-operate with the criminal and civil judicial systems, subject to the inviolability of the sacramental seal. -
Application
The person appointed by the Bishop known as the Bishop’s Delegate is accountable to the Bishop for the application and implementation of this policy.
This policy applies to all clergy with faculties to minister in the Diocese. It also applies to all employees and volunteers of the Diocese.
This policy is intended to inform clergy, employees and volunteers about their obligations and to ensure that they comply with civil, canonical, diocesan and other appropriate standards of conduct. Procedures and personnel are in place to deal in a timely fashion with any complaints of misconduct that may arise.
This policy and its procedures apply to instances of sexual misconduct as defined below whether current, recent, or in the distant past.
Nothing in this policy and the procedures, or their application, is intended to discourage or prevent anyone from seeking legal or ecclesiastical remedies.
This policy will be reviewed every three years by the Bishop’s Delegate following consultation with the Misconduct Committee. -
Definitions
Abuse
Abuse is the violation of the physical or psychological integrity or trust of another person. Abuse may consist of just one incident or it may happen repeatedly.
Sexual abuse
Sexual abuse is the sexual involvement or attempted sexual involvement with a person identified by the local jurisdiction as a minor, understood in Ontario as a person younger than 18 years of age.
Sexual exploitation
Sexual exploitation is use of one’s position of power or trust to have sexual contact or attempted sexual contact with another person.
Sexual harassment
Sexual harassment is unwanted sexualized conduct or language with others. This conduct entails unwelcome sexual advances, request for sexual favors, or other verbal or physical conduct of a sexual nature when submission to or rejection of this conduct explicitly or implicitly affects an individual’s status such as employment, when it unreasonably interferes with an individual’s performance, or when it creates an intimidating, hostile or offensive environment.
Grooming
Grooming is a wide variety of behaviours, such as spending large amounts of time with a particular person, affording special privileges, or providing gifts, trips and other expressions of special attention. These behaviours are often designed to establish a special bond of trust and affectionate understanding between the groomer and the person who is the object of his/her attraction. These behaviours can also lead the person to feel indebted to the groomer for all these kindnesses. Once this bond of trust and indebtedness is
established, the stage may be set for sexual advances.
Because the pattern of grooming is made up of observable behaviours, these behaviours need to be challenged or reported. Grooming, whether intentional or not, is by its very nature seductive behaviour. As well as being a signal of possible future sexual activity, grooming is in itself inappropriate.
Pornographic offense
Pornographic offense is the possession, creation or distribution of any photographic, film, video, or other visual representation that shows a person who is depicted as engaged in or is engaged in inappropriate sexual activity; and any written material that advocates or counsels inappropriate sexual activity.
Public misconduct
Public misconduct is misconduct that becomes public or known. This could include actions that are considered to be crimes, such as indecent exposure or lewd activity. It might also include immoral actions, that may not be crimes but which become known. Priests and deacons without spouses, because they promise to live celibately, must never view sexual activities as appropriate for them.
All of these terms will be included in the use of the term misconduct in this document. -
Regarding the Sexual Abuse of Minors
A victim always has a primary claim upon our pastoral concern and support, especially, when that victim is a minor. Studies indicate that minors are especially vulnerable, that their sexual abuse can be traumatic, damaging to their spiritual, moral, psychological, and interpersonal development, and long lasting. It can also alienate them from the Church and from religion.
Parents and siblings of victims often experience anger, shock, betrayal, and disillusionment. They too have a right to the pastoral concern and support of the Diocese.
Public authorities are obliged to enact and enforce appropriate legislation to protect minors from abuse. The Diocese will respect and comply with such legislation. Thus, knowledge of complaints involving minors always requires immediate response. -
Duty to Report
There is a legal obligation to report a suspicion of abuse of a minor who is less than 16 years of age to the Children’s Aid Society. No clergy, diocesan employee or volunteer can absolve themselves from this duty to report directly to the Children’s Aid Society by rationalizing that they have no “first hand information,” that the information is “hearsay,” or that someone else will make the report. Failure to report promptly on such complaints risks exposing the young person to harm and exposes the individual who fails to report to prosecution. The provincial legislation concerning this is the Child and Family Services Act, S.O. 1984 (c.55).
Clergy, lay employees or volunteers involved in any Diocesan activity will report to the Bishop’s Delegate all allegations of misconduct.
When receiving a complaint, the recipient should limit himself/ herself to listening and giving assurance that the Diocese takes these complaints seriously. He/she should not himself/herself attempt to interview the complainant. He/she can assure the person that a prompt and effective response will be forthcoming. He/she should
inform the person that he/she himself/herself does not have the authority to resolve such matters. He/she should not comment on the credibility of these complaints nor attempt to resolve the complaint. He/she should inform the complainant that the recipient must report the complaint to the Bishop’s Delegate. He/she shall offer assistance in contacting the Bishop’s delegate.
Personal discretion is not to be exercised in fulfilling these reporting obligations. -
Creating and Sustaining an Environment of Awareness and Prevention
The Diocese is committed to preventing misconduct by all possible means including:
- Regularly providing ongoing formation for all seminarians, diaconate candidates, deacons and priests on issues of friendship, intimacy, psychosexual development, and religious chastity and celibacy as well as issues related to addiction and sobriety;
- Informing seminarians, diaconate candidates, deacons, priests, lay employees and volunteers about this Diocesan policy and procedures governing all aspects of misconduct;
- Ensuring that all seminarians, diaconate candidates, deacons, priests, lay employees and volunteers understand that they must respect and obey canonical, diocesan, civil and other appropriate standards of conduct;
- Putting into place the procedures and personnel to effectively deal with complaints of misconduct in a timely fashion, and with the consequences of incidents of misconduct.
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Screening
Screening plays an essential role in our efforts to prevent misconduct and the misuse of power.
St. Peter’s Seminary is responsible for developing and administering psychological and other screening processes for:
- Candidates for Master of Divinity
- Candidates for the permanent diaconate
- Candidates for the priesthood
St. Peter’s Seminary has a written protocol for psychological testing of seminarians, Master of Divinity candidates and permanent diaconate candidates, which has been carried out for many years.
The Personnel Office is responsible for developing and administering psychological and other screening processes for:
- Admission of priests ordained outside the Diocese
- Incardination of priests ordained outside the Diocese
- Admission of permanent deacons ordained outside the Diocese
- Incardination of permanent deacons ordained outside the Diocese
- Employees of the Diocese
The Diocesan Personnel Office has a written protocol, “Called, Gifted and Sent,” for diocesan and parochial employees and volunteers whose roles place them in high risk ministry. This document details a risk management program.
The Diocese acknowledges that design of facilities plays an essential role in the prevention of misconduct. This will be addressed by the Diocesan Building Commission in the approval of major renovations and in the construction of new facilities. -
Responsibility Structure
- The Bishop’s Delegate
- The Misconduct Committee
The Bishop, with the advice of the Bishop’s Delegate and the Misconduct Committee, will decide whether an accused clergyman’s faculties should be suspended, the need for psychological assessment of an alleged abuser, the need for prompt removal of the alleged abuser from any situation in which an offense might be repeated, for transfer to a suitable environment pending investigation, and the penalty for abuse. The penalty may include a petition for dismissal from the clerical state in the case of ordained clergy in accordance with the Code of Canon law.
The Bishop’s Delegate
The Bishop’s Delegate reports to the Bishop, works closely with the Misconduct Committee and administers the involvement of legal counsel, Communications Director, and others involved
with particular cases. The Bishop’s Delegate’s role is to ensure that policies and procedures related to a safe environment have been implemented and complied with.
The Bishop’s Delegate will manage the Diocesan response to a complaint of misconduct from the time the complaint is received until it is resolved.
The Bishop’s Delegate will ensure that any applicable child protection laws to report are complied with and will co-operate with police and judicial authorities conducting their separate investigation.
The Bishop’s Delegate will designate persons to do the internal investigation of the complainant. These persons will be provided with training.The Bishop’s Delegate, with the assistance of the appropriate Personnel Director, will conduct the internal investigation of an accused individual. They will advise the accused individual of his/her right to be represented by civil and canonical counsel. The accused individual has the right to be informed promptly by the Bishop’s Delegate in writing as to the name of the accuser and the
exact nature of the complaint. The Bishop’s Delegate will instruct the accused that he/she should not attempt to contact the complainant, the complainant’s family, known witnesses, or the complainant’s counsel. They will also instruct the accused individual that any contact with the parish with which the complaint is associated must first be vetted with the Bishop’s Delegate.
The Bishop’s Delegate will notify the appropriate insurance carriers concerning a potential claim.
The Bishop’s Delegate will be responsible for record keeping. In the area of misconduct particularly, it is important that the Diocese maintain full and complete records to ensure that knowledge is not lost over time. Records of this sort will be kept indefinitely.
The Misconduct Committee
The Misconduct Committee will review all allegations of misconduct and advise the Bishop’s Delegate on a course of action. At the
request of the Bishop’s Delegate, they may also assist with outreach to the parish where the misconduct has occurred. The Misconduct Committee will meet at least three times a year to review proceedings and the status of any current matters, to advise the Bishop’s Delegate, and to monitor compliance with the policy.
The Misconduct Committee will be composed of at least:
• Chair: to call and preside over meetings of the Committee
• Canonist: to advise the Committee on canon law
• Civil lawyer: to advise the Committee on civil law
• Mental health professional: to advise on possible diagnoses and
treatment options available
• Member of the community: from related backgrounds or
experiences in dealing with emotionally charged issues
Minutes of all Misconduct Committee meetings will be recorded.
The Misconduct Committee will be responsible for reviewing this policy. -
Protocol for Responding to Complaints Regarding Allegations of Sexual Misconduct
1. A complaint is received by the Bishop’s Delegate. Anonymous complaints will be documented but will not be investigated.
2. The Bishop’s Delegate will designate two persons to interview the complainant.
3. At the initial interview, the designated persons will:- offer compassionate regard for the individual and his/her
situation- gather information about the individual’s experience
- commit to providing a response on behalf of the Diocese within a reasonable time
- offer pastoral care
4. The designated persons will document the interview and will submit a written report to the Bishop’s Delegate.
5. The Bishop’s Delegate, with the advice of the Misconduct Committee, will determine the Diocesan response and will direct the designated persons to inform the complainant.
Supporting complainants
No complainant should ever be discouraged or pressured to refrain from reporting the misconduct to law enforcement agencies or child welfare authorities, or from seeking legal advice or compensation through civil action.
The Diocese will fund professional, certified counselling services offered to the complainant. The Diocese recognizes the unique relationship between the complainant and his/her therapist
and, therefore, the victim is given the freedom to choose the therapist. In helping set up financial remuneration for therapy
with the complainant and therapist, the Bishop’s Delegate will set a reasonable duration for these services.Counselling at the expense of the Diocese may also be extended to affected family members of the complainant.
Supporting parishes
Misconduct may have ramifications within a particular parish or parishes. This would arise where the misconduct has taken place at the premises of a particular parish, or during an activity conducted by or involving members of the parish, or because the person accused of misconduct or the victim has a present or past association with the parish.
Members of the parish may have questions and concerns with respect to the nature of the misconduct, how it is going to be addressed, the response to the victim, re-assignment of personnel, the implementation of precautionary measures, and how such occurrences may be prevented in the future.
Where misconduct has been reported, the Bishop’s Delegate will coordinate, with the Episcopal Vicar of the Deanery, a means of addressing the questions and concerns of parishioners. The nature of this response will depend upon the particulars of each case and it may not be possible to provide information because of the involvement of law enforcement officials or because of the complainant’s reasonable request for confidentiality, but may include information sessions, distribution of written information, and support for the family members of those who are directly affected. The assistance of the Misconduct Committee may also be sought.
Supporting an accused individual
The accused individual has a right to his/her own defence, to be presumed innocent until the contrary is proven, and to engage his/ her own legal counsel whether civil or canonical.
In situations where civil authorities are likely to act or have already intervened, the accused individual will be advised to seek legal counsel so that he/she is properly informed about his/her responsibilities and rights.
Where the alleged misconduct involves a minor or vulnerable person, the accused individual will be immediately relieved of all duties and removed from the premises.Where the alleged misconduct does not involve a minor or vulnerable person, whether the accused individual is to be relieved of duties and responsibilities, pending further investigation, will depend upon the circumstances of the case.
When the accused is found not guilty in a criminal court, the ordinary expectation is reassignment to previous responsibilities, if all suspicions have been removed. However, sometimes information is known to the police which is not admissible as evidence in a court of law, but which creates serious concern about the culpability of the accused. It is important to understand that a finding of “not guilty” is not the same as a finding of innocence, and, therefore, the reassignment of an individual following an acquittal is not automatic, but will be determined by the Bishop in consultation with the Bishop’s Delegate and the Director of Priest Personnel.
When an accused priest admits that he has sexually abused a minor or if found guilty of the sexual abuse of a minor in a court, he will not be returned to active ministry, and a plan for his future activities will be determined by the Bishop’s Delegate in consultation with the Director of Priest Personnel.
Communications
The Communications Director [Communications Officer] will manage the communications plan for the Diocese concerning a misconduct case. As far as is feasible, only this person shall discuss the case with the media or communicate in any other public context. The Bishop’s Delegate could also fulfill this role. -
Code of Conduct
1. The implementation of the “Two Deep” rule is to be the common practice. Clergy, Lay Ecclesial Ministers and staff are not to be alone with a child.
2. Access to priests’ living quarters is to be restricted. Priests are not to be alone with minors in their living quarters or motor vehicle.
3. Priests will never take a person under 18 on personal trips or vacations.
4. Expensive gifts are not to be given to or accepted from a child or young or vulnerable person.
5. Clergy, Lay Ecclesial Ministers and staff will accept the responsibility to set reasonable boundaries in their relationships with others.
6. One-on-one private meetings with adults are to be conducted in a space with clear glass openings.
7. Two adults are to be present for recreational programs. The Guidelines for Volunteer Ministers (Called, Gifted & Sent) are to be followed.
8. The preparation of children for the celebration of the sacraments of first reconciliation, first communion and confirmation is to be conducted in a group format. One on one instruction is not allowed.
9. The celebration of the sacrament of reconciliation with minors is to be celebrated in an open space that allows the penitent and the priest to be in full view of others or in a traditional confessional with a clear glass opening in the door.
10. The location of reconciliation rooms is to be in a high traffic area of the church building. Any new construction or renovation of reconciliation rooms is to provide for clear glass openings.