St. Joseph Church at 30 Church Street, Laconia, NH 03246 US - Diocesan Policy on Sexual Misconduct

Diocese of Manchester Protecting God's Children - Responsible Relationships in Ministry Ministry entails service to others; it involves relationships. Our relationships with God and one another define who we are, the Body of Christ. Relationships in ministry are our richest heritage; we share our hopes and dreams as well as our sorrows and anguish with one another. We relate with one another as servants of the Gospel. We are respectful of the people whom we are called to love and serve. In view of the fact that we encounter Christ in the people we serve, our relationships in ministry take on special importance. To this end, we recognize the need for a process to address relationships that are not consistent with our mission as Church and that offend human dignity. The following policy and guidelines provide ways to address relationships in ministry that lack a clear sense of respect for each and every person whom we serve. These guidelines apply to all men and women who work and serve under the auspices of the Diocese of Manchester. All priests, deacons, members of a religious institute, and lay employees or volunteers are required to observe these standards and procedures. They apply equally to priests, deacons, members of a religious institute, paid employees and volunteers. Pastors or priests who administer parishes in the absence of a pastor, principals, and institutional directors of the Diocese will make this policy and its procedures readily available so that should inappropriate behavior occur, the people are made aware of the process by which the Diocese of Manchester deals with such matters. Policy Statement People have the right to be free from sexual harassment and misconduct. No one in the service of the Church should subject anyone else to sexual misconduct. Sexual misconduct has a devastating impact on victims and the Diocese of Manchester is committed to preventing and eliminating such misconduct. The Bishop's Delegate for Sexual Misconduct ("the Delegate") will develop and maintain a process to assure that all who minister and all to whom the Church ministers will receive clear communications on the Diocesan Policy on Sexual Misconduct. Policy Purpose - Statement of Prohibited Conduct Sexual misconduct is totally contrary to the Church's commitment to promote human dignity and will not be tolerated. When such misconduct creates or contributes to an intimidating or oppressive atmosphere in the Diocese it harms not only the direct victims but all others associated with that victim. Every person working in ministry has a duty to observe this policy and shall be subject to disciplinary action for failing to do so. Definitions The term sexual misconduct, as used throughout this policy, refers to three related forms of misconduct. Sexual abuse is any sexual contact between an adult and a minor or between an adult and a vulnerable adult. Sexual exploitation is sexual contact between an adult and a person receiving pastoral care. Sexual harassment is unwanted, sexually suggestive conduct or language between workers, supervisors, volunteers, students or others involved in any ministry or activity of the Church. All three are addressed in this document because they usually involve an abuse of power or authority. State and federal law provide further definition for each type of sexual misconduct. Procedure for Reporting Individuals who want to report sexual misconduct may do so orally or in writing to the appropriate person or alternate. Complaints may be submitted by the individuals themselves or a representative and shall be accepted by the Bishop's Delegate for Sexual Misconduct. The Delegate will then inform the Bishop of the complaint and all subsequent action. Complaints should be made to the Bishop's Delegate for Sexual Misconduct at the Diocesan Administration Building, P.O. Box 310, 153 Ash Street, Manchester, NH 03105-0310, or by telephone at 603-669-3100. The Diocese of Manchester respects the sensitive nature of the information regarding complaints of sexual misconduct. The Diocese will treat all information it receives regarding these complaints with the utmost discretion. In order to proceed with a fair and thorough investigation, however, the Diocese cannot assure strict confidentiality. Procedure for the Investigation of a Complaint Prior to the investigation of a complaint, it is assumed that a person is innocent until the evidence of the investigation demonstrates otherwise. However, the presumption of innocence does not preclude the Diocese from taking prudent action regarding the assignment or employment of the accused person before any investigation is completed. Upon notification of a complaint, the Bishop's Delegate for Sexual Misconduct or his designee will meet within 48 hours with the complainant and/or his/her representative. The purpose of this meeting is to learn about the allegation and to offer assistance and solace to the complainant as needed, including psychological and pastoral guidance. Such assistance flows from the mission and ministry of the Church, and shall not be considered in itself as an indication that the Diocese is in any way culpable or responsible for the actions of the accused person, or that the accused person is guilty of the charge. Following the reception of the complaint and meeting with the complainant, the Delegate or his designee will interview the person alleged to be the source of the misconduct. The accused person should be aware of the complaint and that his/her response, although currently being dealt with confidentially, could by law be drawn into the public forum. Once the accused person responds to the allegation, the Delegate determines the next step, whether to proceed with further investigation, make a report to the Bishop and/or present the case to the Diocesan Review Board. Upon the receipt of a complaint of sexual misconduct the Bishop's Delegate for Sexual Misconduct will take steps to ensure that all reporting requirements of state and local law are fulfilled. The Diocese of Manchester will cooperate fully with authorities in their investigation of complaints. The Diocesan Review Board is an advisory board to the Bishop. Its responsibility is to review a complaint, the response of the accused person, the results of further investigation and the recommendations of the Delegate. The Diocesan Review Board then makes a recommendation to the Bishop regarding the disposition of the complaint and the assignment of the individual. The Diocesan Review Board will be composed of persons with knowledge of matters that pertain to sexual misconduct. Included will be representatives of the pastoral, legal, psychological, social, medical and educational fields. The Diocesan Review Board will be responsible for reviewing all the evidence and testimony gathered by the Delegate and shall offer a statement of their findings with specific recommendations to the Bishop. The Delegate will arrange specialized outreach and counseling services to the larger parish family, institution or community in a manner that is appropriate when a complaint has become public. Pastoral Response and Follow-up Any persons acting on behalf of the Diocese, whether priest, deacon, member of a religious institute, paid employee or volunteer who admit to, do not contest or are found guilty of an incident of sexual misconduct shall be subject to appropriate disciplinary measures. Such disciplinary measures may range from an appropriate warning, participation in treatment programs and up to and including termination of ministry and/or employment. Consideration is given to the type and severity of the misconduct, the position held by the offending individual, and whether or not there have been prior complaints. Incidents of sexual misconduct when they involve a priest, deacon or member of a religious institute are matters of grave concern. So contrary are they to the life and ministry of the clergy and the Church, the Diocese must respond expeditiously and efficiently in order to avoid further incidents. Responsibility of the Diocese for Priests and Deacons of the Diocese of Manchester: The diocesan response to a priest or deacon of the Diocese of Manchester accused of sexual misconduct admits to specific canonical requirements and remedies available in canon law. The Delegate, when dealing with an accused diocesan priest or deacon regarding an allegation or incident of sexual misconduct, will act as an administrator of diocesan policy. Administrative and Pastoral Response Once it is determined that there is substance to the allegation, an administrative response as well as a pastoral response will be determined and recommended by the Delegate and the Diocesan Review Board and prescribed by the Bishop. (a) An administrative leave may be recommended to the priest or deacon with consideration for the circumstances of the specific situation in accord with canon 1722. In general, an administrative leave will be time limited; will allow for re-determination at the end of such time limit; will specify living arrangements, location, financial support; will address evaluation and treatment, procedure, conduct and after-care plans. (b) Participation by the accused priest or deacon in appropriate evaluation and treatment procedures as well as the place of residence will be required as a matter of clerical obedience (canon 273). Following the decision of the Bishop, an after-care plan will be developed which the priest, deacon will be required to observe as a matter of clerical obedience. Investigation and Post-Treatment Procedures (a) Some of the elements that will help shape the Bishop's decision regarding post-treatment and placement plans include: The outcome of any proceedings initiated by the complainant; The judgment and recommendation made by a professional evaluation and treatment plan regarding the overall health of the priest, deacon or member of a religious institute and his readiness for return to ministry; The well being of those who are served by the Church and live in a particular community. (b) Future assignment and placement require a full sharing with the Bishop and his agents of appropriate information about the readiness of the priest or deacon as developed in the course of treatment. (c) Prudent judgment calls for continued monitoring and/or regular supervision and accountability with regard to completion of the approved post-treatment plan. To this end, a Mentor will be appointed by the Bishop to provide input regarding future assignment or placement of the priest or deacon and to ensure that the agreed upon after-care program is being implemented. (d) Should a priest or deacon not accept the assignment offered by the Bishop or choose to resign from ministry and seek laicization, the Diocese may pursue appropriate courses of action as provided for in the Code of Canon Law. Responsibility of the Diocese for a Member of a Religious Institute and/or a Priest or Deacon Incardinated in Another (Arch)Diocese: The diocesan response to a member of a religious institute and/or a priest or deacon who is incardinated in another (arch)diocese accused of sexual misconduct admits to specific canonical requirements and remedies available in canon law. Once it is determined that there is substance to the allegation and if the accused person is a member of a religious institute, the Delegate will contact the Major Superior of the religious community who will proceed with an investigation. Similarly, if the accused is a priest or deacon from another diocese, the Delegate will contact the accused priest's or deacon's diocesan bishop or his delegate so that he may proceed with an investigation. Education and Training Concerning Sexual Misconduct This Policy and Guidelines shall be communicated in writing to all priests, deacons, members of religious institutes, paid employees and volunteers who serve in the name of the Diocese of Manchester. Educational notices communicating the diocesan policies and procedures regarding sexual misconduct shall be displayed at service locations throughout the Diocese. Each department of the Diocese is responsible for providing periodic training programs for its personnel regarding this policy prohibiting sexual misconduct, and the complaint and investigation procedure set forth herein. Such training shall contain the following components: Supervisory Personnel¹: shall participate in a training session on sexual misconduct and other forms of misconduct that are not tolerated in the work place. They are responsible for knowing the contents of the Diocesan Policy on Sexual Misconduct and for giving similar presentations to employees and/or volunteers. Employees and Volunteers²: as part of general orientation, each newly hired employee will be provided a copy of the Diocesan Policy on Sexual Misconduct. Each employee will be asked to signify, through their signature, that they have read and acknowledge the existence of these policies. In addition, supervisory employees who have attended a training seminar on sexual misconduct, as set forth above, shall meet with employees and volunteers under their authority to periodically advise them of the "zero tolerance" policy in this regard. They will explain the procedure for reporting all incidents of sexual misconduct and the resolution of such incidents following investigation. -------------------------------------------------------------------------------- ¹Pastors, parish administrators, Cabinet Secretaries, principals, institutional directors, department heads, etc. ²Diocesan, deanery, parish, school and institutional employees and volunteers. Diocesan Policy on Sexual Misconduct September 1999 - Release 2.0

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