Diocese of Lexington at 1310 West Main Street, Lexington, KY 40508-2048 US - Policy Contents Section on Sexual Abuse
| Policy Contents Section on Sexual Abuse |
Introduction It is the intent of this Decree to build on the Bishops’ directives of November, 1992, and to implement the directives contained in the Bishops’ 2002 “Charter for the Protection of Children and Young People,” to address the issue of sexual misconduct directly, and to make clear statements regarding the Roman Catholic Diocese of Lexington’s position on education, prevention, victim care and intervention with offenders. These procedures and policies are rooted in the Gospel teaching that in Jesus each of us has the dignity of a child of God, and we build on Jesus’ command to love one another. Sexual misconduct as used in this Decree refers to three related forms of misconduct: sexual harassment, sexual exploitation, and sexual abuse. All three are being addressed because they have this in common: each involves an abuse of power or authority. Each section will focus on one of these aspects of misconduct. Each will be defined and methods of prevention as well as appropriate ethical and therapeutic responses will be addressed. The intent of all that follows is to promote a ministerial environment in which those who minister in the church and those who receive the church’s services can expect to do so in safety. It is the intent of this Decree to build on the Bishops’ directives, to address the issue of sexual misconduct directly and to make clear statements regarding the Roman Catholic Diocese of Lexington’s position on education, prevention, victim care and intervention with offenders. These procedures and policies are rooted in the gospel teaching that in Jesus each of us has the dignity of a child of God, and they build on Jesus’ command to love one another. Sexual misconduct as used in this Decree refers to three related forms of misconduct: sexual harassment, sexual exploitation, and sexual abuse. All three are being addressed because they have this in common: each involves an abuse of power or authority. Each section will focus on one of these aspects of misconduct. Each will be defined and methods of prevention as well as appropriate ethical and therapeutic responses will be addressed. The intent of all that follows is to promote a ministerial environment in which those who minister in the church and those who receive the church’s services can expect to do so in safety. Policy 1: At the time of the promulgation of this Decree, the Chancery Office is to provide all current clerics, employees and regular volunteers with a copy of this Decree. Each person is to acknowledge in writing that he/she is familiar with its contents. The original written acknowledgement is to be forwarded to the Chancellor’s office, and a copy is to be filed in the local place of employment or service (cf. Appendix A). The Chancellor will also arrange for informational sessions to introduce this Decree to appropriate diocesan personnel within six months of its promulgation. Policy 2: Whenever the Diocese through a parish, school, or institution employs a person for church-related activities or allows a regular volunteer to assist in church-related activities, the hiring entity is responsible to see that all such employees/regular volunteers receive a copy of the Decree on a Pastoral Response to Issues of Sexual Misconduct by Church Personnel for the Roman Catholic Diocese of Lexington and that all employees/regular volunteers return the signed acknowledgement paper to the employer after they have become familiar with the contents of this Decree. The employer is likewise responsible to forward the original written acknowledgement to the Chancellor’s office, and to file a copy in the local place of employment or service. Policy 3: This entire Decree will be reviewed and revised as necessary, as determined by the Bishop or his representative. III. Sexual Abuse A. Definitions Sexual Abuse, in this Decree, means sexual contact between a cleric, an employee, or a regular volunteer of the Roman Catholic Diocese of Lexington and a minor. Sexual abuse refers to acts described in KRS 620.020 (37), part 4. (cf. Appendix B-1) as well as those described in the Charter for the Protection of Children and Young People. (Promise to Protect, Pledge to Heal) (cf. Appendix B-2) A Minor, in this Decree, means a person under the age of 18 years or an adult who is uniquely vulnerable to abuse because of physical or mental disabilities. In this Decree, the term "minor" may be used interchangeably with the term "child". Victim Assistance Coordinator, in this section, refers to the person designated by the Bishop to aid in the immediate pastoral care of persons who claim to have been sexually abused as minors by clergy or other church personnel. Investigative Team, in this section, means the team formed to investigate the initial report of an allegation of sexual abuse. The team will be composed of diocesan and non-diocesan personnel. Review Board "Dioceses/eparchies will …have a review board that functions as a confidential consultative body to the bishop/eparch. The majority of its members will be lay persons not in the employ of the diocese/eparchy. This board will advise the diocesan/eparchial bishop in his assessment of allegations allegations of sexual abuse of minors and in his determination of suitability for ministry. The board will regularly review diocesan/eparchial policies and procedures for dealing with sexual abuse of minors. Also, the board can review these matters both retrospectively and prospectively on these matters and give advice on all aspects of responses required in connection with these cases." (Appendix B-2:Charter…Article 2) B. Prevention The church community has a special obligation to children that it carries out with seriousness. In the church’s ordinary life, children are educated in the faith and initiated into the church’s sacramental life. Parishes devote significant energy and resources to the development of their young members, and countless individuals have dedicated themselves to ministering to youth. Everyone in the community has a responsibility to protect children- parents, clerics, educators, youth ministers, volunteers working with youth, even youths themselves, and adults who are not directly involved in work with children. 1. Education a. Education of Clerics, Employees and Regular Volunteers Everyone needs to be aware of: 1) the causes and signs of sexual abuse, 2) what steps to take to protect children, and 3) what procedures to follow if abuse is suspected or observed. The clergy of the Roman Catholic Diocese of Lexington and those persons employed or engaged as regular volunteers by its parishes, schools, and other institutions have an obligation to be knowledgeable about these matters. Not only are they responsible for the well-being of children, but they are perceived by the community and children as special and trustworthy individuals. Such persons must be aware of their duties as mandated by civil law with regard to child abuse. Policy 6: All clerics, employees, and regular volunteers are to read this Decree and to be familiar with its contents, especially the obligations for reporting suspected child sexual abuse to civil and church authorities and the consequences of failure to report (cf. Appendix B-1). Clerics, employees, and regular volunteers should be well informed about the causes, forms, and symptoms of sexual abuse through reading, participation in workshops, and staff discussions. b. Education of Parents and Guardians Parents and guardians have the primary responsibility to protect their children from abuse. An understanding of the causes and effects of sexual abuse will assist parents to make sound decisions with regard to their children and to recognize symptoms of abuse that might be exhibited by their children. Directive 4: Parishes are to offer programs regarding sexual abuse to assist parents in the education of their children. 2. Screening Those Who Work with Children Due precautions must be taken in choosing persons who are to work with children. Policy 7: All clerics, candidates for ordination, as well as each applicant for employment in a position with regular, significant contact with children in the parishes and institutions of the Diocese, must supply to the hiring agent personal information adequate to assess his or her suitability for contact with children. This information shall consist of: the Applicant’s Certification (cf. Appendix C) which includes a record of police check (KRS 156.483, KRS 17,160, and KRS 17.165), employment history, references and any other information the particular position may require. Policy 8: The respective hiring agent (the Diocese and parish, for example) is to establish procedures for receiving and reviewing all applications prior to hiring. All such information is to be retained permanently in a confidential file at the location of employment. At the time of hiring, a copy of the Applicant’s Certification is to be forwarded to the Chancellor or to the respective Diocesan office. Directive 5: Those persons who recruit volunteers to work regularly with children in the parishes and institutions of the Diocese should exercise caution in selecting volunteers. If there is any cause for concern in a particular case, the matter should be brought to the attention of the responsible supervisor for further review. 3. Contact with Children Those persons dedicated to the care of children must be vigilant to guard against actual or potential situations which can inflict harm or which may give rise to suspicions of potential sexual abuse. In general, persons working with minors must always avoid the kind of contact that could cause comment on the part of reasonable people. Policy 9: A child may not receive regular, scheduled, individual instruction or counseling from a cleric, an employee, or a regular volunteer without written consent of the child’s parent or legal guardian. Policy 10: A child may participate on a regular basis in an organized program sponsored by a parish or institution of the Diocese only with the written consent of the child’s parent or legal guardian. Such written consent should be kept on file at the local level during the duration of the program. Policy 11: At least two adults should accompany minors on field trips, outings, or camping trips. At least two adults must accompany minors on any program involving an overnight stay. Policy 12: A cleric, an employee, or a regular volunteer must obtain the consent of a child’s parent or legal guardian before inviting a minor, known because of the person’s professional or volunteer work, to visit in the adult’s home. Policy 13: No child may stay overnight in a residence or in any other place used by a priest unless in the company of the child's parent or legal guardian. C. Response In the case of alleged sexual abuse, the Church community, under the leadership of the Bishop, must respond expeditiously and with compassion and care to the victim and the victim’s family, to the local church community affected by the abuse, to the larger community, and to the offender. The primary objectives of this response are personal and communal healing and the prevention of any further abuse by the offender. 1. Initial Tasks in Dealing with Reported Abuse a. Reporting to Civil Authorities The Kentucky Revised Statute (KRS 620.030) requires that all individuals, including those acting in an office or professional capacity, report immediately any currently suspected or actual act of child sexual abuse, perpetrated by any person, to the Kentucky Cabinet for Human Resources—Department for Social Services. (See Appendix B.) Agents of the Diocese are obligated to report to the civil authorities and will do so without delay, unless the information is learned under the seal of Confession. Kentucky Revised Statute 620.050 provides that anyone participating in good faith in making such a report shall be immune from civil or criminal liability. On the other hand, failure to report, when someone is required to do so, can result in a misdemeanor charge. The person making the report and other appropriate personnel in the parish or institution will cooperate with civil authorities, while retaining the right to seek guidance and legal counsel from officials of the Diocese and/or its agents. b. Reporting to Church Authorities Policy 14: Any cleric, employee, or regular volunteer who witnesses an act of child sexual abuse perpetrated by another cleric, employee, or regular volunteer or who suspects that such an act has occurred or receives a report of such an act, must make the Chief Administrative Officer of the Diocese (hereafter CAO) aware of the matter. If the CAO is not available, this information should be given to the Vicar General; if the Vicar General is not available, this information should be given to the Vicar for Clergy. Any other person who believes that a child has been sexually abused by an agent of the Diocese is encouraged to report the alleged incident to the Chief Administrative Officer of the Diocese of Lexington. Policy 15: The Chief Administrative Officer will keep the Bishop informed of all reported allegations. The CAO will form an Investigative Team of three to five persons from an approved list. It is recommended that the CAO and the Vicar of Clergy participate in this initial investigation together with other persons from the appropriate professional disciplines using the Investigative Process established by the Diocese. (Appendix B-2: Charter …, Article 2 ;Appendix D-1) The Investigative team gathers information and presents it to the Review Board for its consideration. a. Response to the Victim Whenever abuse occurs, the victim and the victim’s family experience shock and anger. It is essential that effective, immediate, and compassionate care be provided to these individuals. The Diocese will assist in the healing process. b. Action Regarding the Accused Person The Chief Administrative Officer will direct the accused person’s supervisor to place the person on a leave of absence from any official duties, pending the internal resolution of the matter. This action is in no way to be construed as imputing guilt. During this leave of absence, regular salary and benefits are to be provided for a period ordinarily not to exceed three months. In no case will the accused be allowed to remain in residence at a parish or institution in the Diocese where children are present. Neither the Bishop nor any priest who may be involved in the investigation should hear the confession of the accused or other persons who may be involved. In the case of a diocesan priest, in addition to his being placed on a leave of absence, a temporary residence at a distance from the current assignment and without contact with children is to be arranged. If the accused is a religious priest, brother, or sister, his/her major superior will be notified. The Diocese will assume appropriate responsibility in accord with the rightful relationship it has with the one against whom the allegation is brought. Care will be taken that all canonical and civil rights and laws are upheld. If the accused is a cleric not incardinated in the Diocese, a religious or a lay person, the Diocese will exercise discretionary action in accord with its relationship with the accused and the particular circumstances of the situation. If the accused is a diocesan priest or deacon, because of the canonical relationship with the Diocese resulting from his ordination, the priest or deacon will be required to undergo a psychiatric/psychological evaluation. The evaluation will be arranged by the Vicar for Priests and shall be done by a facility or counselor approved by the Diocese. All of these actions are to be approved by the Bishop.
c. Action to the People first learning that a respected leader has been accused are often reluctant to believe that the report could be true. Although it may be understandable, this reaction can create a burden on those who, often after a long struggle, are finding the ability to bring forth important information. Common responses in a community may include grieving, depression, and significant anger that may be focused against the accused, the accuser(s), the Diocese, the whole Roman Catholic Church, and maybe even God. In order to assist the local community, the Diocese will coordinate debriefing sessions to help address the hurt within the community, the polarization that could happen, and will provide education and resource persons for further follow up. 1. Ongoing Action When There is Established Guilt Policy 16: In the instance where guilt is established, the guilty person will be permanently removed from ministry. (Appendix B-2: Charter …, Article 5) See web site section titled "Charter References in Policy" The Diocese has a right to take action against this individual to recover its judgment and legal expenses. I. Glossary of Terms The following terms have a specific meaning, as given in this Decree: Accused Person – An individual against whom an allegation of sexual harassment and/or sexual exploitation and/or sexual abuse has been made. Allegation – An accusation of sexual misconduct. Applicant’s Certification – The certifying process for those persons who will work with children. Cabinet for Human Resources—Department for Social Services – The state authority to whom actual or suspected instances of child sexual abuse are to be reported according to State Law. Chief Administrative Officer – An official of the Diocese of Lexington. (See Diocesan Directory for name and phone number.) Child – A person who is under eighteen years of age. Church Professional – persons who by their specialized training and/or leadership roles, hold a position of privilege and trust in the Roman Catholic Community. Examples include but are not limited to: clerics, pastoral directors, counselors, therapists, teachers, mentors, and coaches. Cleric – A term from Canon Law referring to ordained priests and ordained deacons who are incardinated in the Diocese of Lexington, as well as religious priests, and priests and deacons incardinated in other dioceses who are engaged in a ministry under the control or auspices of the Diocese of Lexington. Decree – This Decree on a Pastoral Response to Issues of Sexual Misconduct by Church Personnel. Diocese – The Roman Catholic Diocese of Directive – A guideline which encourages persons to take a specific action. Employee – Any person who is employed by the Roman Catholic Diocese of Lexington. An employee may be a cleric, a lay person, or a member of a religious order. Guardian or Parent – That person possessing legal custody of a child. Incardination – The special bond which attaches a cleric to a particular diocese or religious order. Institutions – In this Decree means the following: The Catholic Center, Investigative Team – The team formed to investigate the initial report of an allegation of sexual abuse. Legitimate Authority – The person to whom one is responsible. KRS – Kentucky Revised Statute - references a particular law by means of the numeration following these letters. Minor – A person under the age of 18 years or an adult who is uniquely vulnerable to abuse because of physical or mental disabilities. In this Decree the term "minor" may be used interchangeably with the term “child”. Offender – An individual who has been accused of some form of sexual misconduct. Parent or Guardian – That person possessing legal custody of a child. Police Check – A check of police records to ascertain whether a person has been convicted of an offense. Policy – Any provision of this Decree requiring an action or standard of behavior on the part of the specified persons or offices, agencies, parishes, or institutions of the Diocese. The policies of this Decree are law of the Roman Catholic Diocese of Lexington, as defined by the Code of Canon Law. Regular Volunteer – Includes any catechist, scout leader, coach, youth minister, coordinator, or others, who function in a regular, significant relationship with others. This includes interns, student teachers, and others in a similar capacity. It does not include the occasional volunteer, such as a driver or chaperone for individual activities. Religious – A priest, brother, or sister who is a vowed member of a religious congregation or order. Responsible Supervisor – For a school, the principal; for a parish, the pastor; for a Diocesan department, the department head; for any other organization or institution, the person in charge. Review Board – "Dioceses/eparchies will …have a review board that functions as a confidential consultative body to the bishop/eparch. The majority of its members will be lay persons not in the employ of the diocese/eparchy. This board will advise the diocesan/eparchial bishop in his assessment of allegations of sexual abuse of minors and in his determination of suitability for ministry. The board will regularly review diocesan/eparchial policies and procedures for dealing with sexual abuse of minors. Also, the board can review these matters both retrospectively and prospectively on these matters and give advice on all aspects of responses required in connection with these cases." Charter…Article 2 Sexual Abuse – Sexual contact between a cleric, employee, or regular volunteer of the Roman Catholic Diocese of Lexington and a minor. Sexual abuse refers to acts described in KRS 620.020 (37), part 4. (cf. Appendix B-1) as well as those described in the Charter for the Protection of Children and Young People, page 5. (cf. Appendix B-2) Sexual Exploitation – Sexual interaction between a church professional and an adult who is receiving care from that person. Sexual Harassment – Continued unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature between individuals in a church-related setting in which at least one person is a cleric, an employee, or a regular volunteer of the Roman Catholic Diocese of Lexington. Sexual Misconduct – In this Decree means one of three related forms of misconduct: sexual harassment, sexual exploitation, or sexual abuse. Sexual Misconduct Decree – This Decree with all its contents regarding sexual misconduct in the form of harassment, exploitation, and abuse. Unwanted Conduct – Behavior that is offensive to another, and is clearly made known as such to the offender. Vicar General – The priest who, by Canon Law, represents the Bishop in his absence. (See the Diocesan Directory for name and phone number.) Victim – In this Decree, means the person who is the object of some form of sexual misconduct. Volunteer – Persons, other than clerics and employees, who function in some capacity in relation to an activity. In a single instance of service, the term “volunteer” is used. If the person regularly serves in a capacity, the term “regular volunteer” is used. PERTAINING TO SEXUAL ABUSE KRS 620 provides for the protection of children through the mandatory reporting of known or suspected child abuse. All states require similar duties of persons related to the reportage of child abuse. KRS 620-020. (1) Definition of abused or neglected child means a child whose health or welfare is harmed or threatened with harm when his parent, guardian or other person exercising custodial control or supervision of the child (1) inflicts or allows to be inflicted upon the child physical or emotional injury by other than accidental means; (2) creates or allows to be created a risk of physical or emotional injury to the child by other than accidental means; (3) commits or allows to be committed an act of sexual abuse, sexual exploitation, or prostitution upon the child; (4) creates or allows to be created a risk that an act of sexual abuse, sexual exploitation, or prostitution will be committed upon the child; (5) abandons or exploits the child; (6) or does not provide the child with adequate care, supervision, food, clothing, shelter and education or medical care necessary for the child's well-being. KRS 620.020. (2) Definition of dependent child means any child, other than an abused or neglected child, who is under improper care, custody, control, or guardianship that is not due to an intentional act of the parent, guardian or person exercising custodial control or supervision of the child. KRS 620.020. (37) Definition of abuse and exploitation means emotional or physical harm or sexual abuse as defined below: 1. emotional harm means harm to the mental or psychological capacity or emotional stability of a child as testified to by a qualified mental health professional; 2. emotional injury means an injury to the mental or psychological capacity or emotional stability of a child as evidenced by a substantial and observable impairment in his or her ability to function within a normal range of performance and behavior with due regard to age, development, culture and environment; 3. physical injury means substantial physical pain or any impairment of physical condition; 4. sexual abuse includes, but is not limited to any contacts or interactions between a child and an adult in which the parent, guardian or other person having custodial control or supervision of the child or responsibility uses or allows, permits or encourages the use of the child for the purposes of the sexual stimulation of the perpetrator or another person; 5. sexual exploitation includes involvement of the child in prostitution or acts of obscene or pornographic photographing, or filming depicting of a child. KRS 620.030. (1) Any person who knows or has reasonable cause to believe that a child is dependent, neglected, or abused shall immediately cause an oral or written report to be made to a local law enforcement agency or the Kentucky state police, the cabinet or its designated representative; the commonwealth’s attorney, or the county attorney; by telephone or otherwise. KRS 620.030. (2) Any person, including but not limited to a physician, osteopathic physician, nurse, teacher, school personnel, social worker, coroner, medical examiner, child-caring personnel, resident, intern, chiropractor, dentists, optometrist, emergency medical technician, paramedic, health professional, mental health professional, peace officer, or any organization or agency for any of the above, who knows or has reasonable cause to believe that a child is dependent, neglected, or abused, regardless of whether the person believed to have caused the dependency, neglect, or abuse is a parent, guardian, person exercising custodial control, or supervision of another person, or who has attended such child as a part of his professional duties shall, if requested, in addition to the report required in subsection (1) of this section, file with the local law enforcement agency or the Kentucky state police or the commonwealth’s or county attorney, the cabinet or its designated representative within forty-eight (48) hours of the original report a written report containing: (a) the names and addresses of the child and his parents or other persons exercising control or supervision; (b) the child’s age; (c) the nature and extent of the child’s alleged dependency, neglect or abuse (including any previous charges of dependency, neglect or abuse) to this child or his siblings; (d) the name and address of the person allegedly responsible for the abuse or neglect; and (e) any other information that the person making the report believes may be helpful in the furtherance of the purpose of this section. KRS 620.050. Anyone acting upon reasonable cause in the making of a report or acting under KRS 620.030 to 620.050 in good faith shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participation shall have the same immunity with respect to participation in any judicial proceeding resulting from such report or action.