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This document makes recommendations for sexual misconduct guidelines to 1) prevent sexual misconduct against children, adolescents and adults, and 2) effectively handle sexual misconduct, both via law enforcement and internally, should it arise in the future.
Developed
by:
The Child
Abuse and Sexual Misconduct Policy Review Committee
And
presented by the Committee to:
The Bishops
of the Diocese of Tucson for Promulgation
July 30,
2002
Revised
August 14, 2003 (Amended September 30, 2004,
November
30, 2005, and December 13, 2006)
Chairman:
José M. Santiago, M.D., Senior Vice President and Chief Medical Officer, Carondelet Health Network
Committee Members:
Clarence Dupnik, Pima County Sheriff, Pima County Sheriff Department
Peter Likins, Ph.D., President, University of Arizona
Sister Lauren Moss, O.S.F., Project Manager, St. Augustine High School
Reverend Al Schifano, Parochial Vicar, Saints Peter and Paul Parish
Maria Teresa Velez, Ph.D., Psychologist and Associate Dean, Graduate College, University of Arizona
Volunteer Resource to the Committee:
James F. McNulty, Jr., Attorney, Brown & Bain
Legal Consultants:
Gerald Maltz, Attorney, Haralson, Miller, Pitt & McAnally
Thomas M. Murphy, Attorney
Editorial Consultant:
Deborah Daun, Deborah Daun Communications
The Child Abuse and Sexual Misconduct Policy Review
Committee gratefully acknowledges the inspiration provided by guidelines from
other dioceses, including:
Archdiocese of Chicago
Archdiocese of Los Angeles
Archdiocese of St. Paul and Minneapolis
Diocese of Dallas
Diocese of Oakland
Diocese of Phoenix
A)
Code of Conduct for All Priests, Deacons, Religious, Seminarians, Employees
and Volunteers............................................................................................................................ 13
A)
Child/Adolescent Complainants, Families, and the Person Reporting Sexual
Misconduct......... 21
At that time the disciples approached Jesus and
said, “Who is the greatest in the kingdom of heaven?” He called a child over,
placed the child in their midst, and said, “Amen, I say to you, unless you turn
and become like children, you will not enter the kingdom of heaven. Whoever
humbles himself like this child is the greatest in the kingdom of heaven. And whoever
receives one child such as this in my name receives me. Whoever causes one of
these little ones who believe in me to sin, it would be better for him to have
a great millstone hung around his neck and to be drowned in the depths of the
sea. Woe to the world because of things that cause sin! Such things must come,
but woe to the one through whom they come.” (Matthew 18:1-7, New American
Bible)
1. The Diocese of Tucson is promulgating the following guidelines for 1) the conduct of all priests, deacons, religious, seminarians, and all diocesan employees and volunteers in their relationship to children and adolescents, as well as adults under their pastoral care, and 2) the effective and immediate response to allegations of sexual misconduct against children, adolescents and adults. The Diocese of Tucson has recommended that its Parishes adopt these guidelines, and has made its Parishes aware of the work of the Sexual Misconduct Review Board established by the Diocese, which the Parishes may utilize at no additional cost as part of the services rendered to the Parishes by the Diocese. The Parishes that have adopted these guidelines shall hereinafter be referred to as “Adopting Parishes.” The Bishops remain accountable to the Holy See and to the Holy Father directly. As such, they seek to live out these same guidelines in their thoughts and in their actions.
2. The Diocese, in promulgating these guidelines, and the Adopting Parishes together recognize that the sexual abuse of children and adolescents and other forms of sexual misconduct have resulted in enormous suffering on the part of children, adolescents, and their families, and that as a result, Catholics and the entire community have experienced anger, resentment, and disappointment against the Church.
3. Furthermore, the Diocese and its Adopting Parishes recognize that the bonds of trust between the Catholic Church and its people in the Diocese of Tucson have been strained. This document seeks to define the policy that for even a single act of sexual abuse of a minor, whether in the past or in the present, the offending priest or deacon will be permanently removed from ministry. The Diocese and its Adopting Parishes also affirm the policy of direct and effective action to address and correct, with therapeutic and disciplinary means, instances of sexual exploitation or sexual harassment of an adult by anyone covered by these Guidelines. The Diocese and its Adopting Parishes are committed to transparency and openness, due process, and clear consequences for perpetrators to provide for justice and to restore Catholics’ trust in and the community’s respect for the Church.
4. This document establishes guidelines for the prevention of sexual misconduct with children, adolescents and adults. It incorporates not only prevention and education mandates and prescribed codes of conduct for all priests, deacons, religious, seminarians, employees and volunteers of the Diocese and of its Adopting Parishes in their interaction with others, but also prescribes a contact point to facilitate the reporting of allegations of abuse, and issues clear guidelines for how to proceed in investigating such allegations in a way that strictly adheres to the laws of Arizona and the moral beliefs of the Catholic Church. Although guidelines cannot anticipate every conceivable event and must be applied to the facts with common sense and judgment, they are promulgated herein to provide a uniform and proactive approach to sexual misconduct committed by priests, deacons, religious, seminarians, employees and volunteers of the Diocese and of its Adopting Parishes.
5. The individuals who prepared these guidelines have reviewed Scriptures, canon law and laws of the State of Arizona. Most importantly, this work has been guided by ethical and moral standards that are certainly American and shared by most Americans, regardless of their religion or creed, and indeed by most peoples of the world. Although the document responds specifically to violations of civil law and the Church’s teachings and law, it is guided by a profound recognition that principles of moral standards having to do with the protection of children, adolescents and vulnerable adults are at the core of civilized society.
6.
The Diocese of Tucson has a strong commitment to enforce these
guidelines for the protection of children and adolescents, as well as
vulnerable adults. The Diocese
expects its Parishes, which have adopted these guidelines, to be equally
committed to their enforcement. The Diocese and its Adopting Parishes intends
to restore the bonds of trust between the Diocese and its people by the
promulgation of these guidelines for the prevention of sexual abuse and other
forms of sexual misconduct and the swift and effective response to abuse
allegations. The Diocese wishes 1) to acknowledge the work of priests, deacons,
religious and lay people in churches, ministries and schools throughout the
Diocese who have remained committed to the moral and religious values that
dictate the protection of children, adolescents and vulnerable adults, and 2)
to commit to a renewed effort to ensure that their work and reputation are not
sullied by the actions of a few. The Diocese also acknowledges that the words
contained in these guidelines would be empty without a clear commitment on its
part to their implementation. The actions of the Diocese and its Adopting
Parishes will have to demonstrate that sexual and other violations against
children, adolescents and adults will not be tolerated. Only then will there be
true healing and reconciliation within the Diocese and indeed between the
Diocese and the larger community.
1.
The Diocese of Tucson and its Adopting Parishes, in accordance
with the teachings of the Catholic Church, expects all persons employed
by or volunteering within the Diocese and its Parishes to live moral lives,
respecting in all ways the sanctity of every human being in general and the
gift of sexuality in particular. Sexual misconduct abuses the power and
authority of the pastoral or educational role of those who work for the people
of God and serve them. Sexual misconduct is contrary to Christian morals and
the moral strictures of many other religious belief systems and societal
standards, and often violates civil law.
2. The Diocese of Tucson and its Adopting Parishes will not tolerate sexual misconduct. All the Diocese’s priests, deacons, religious, seminarians, employees and volunteers and all employees and volunteers of the Adopting Parishes must comply with 1) all applicable local, state, federal and church laws regarding incidents of actual, alleged, or suspected sexual misconduct and violation of law, and 2) the guidelines promulgated herein.
3. These guidelines address the role of the Diocese of Tucson and its Adopting Parishes in espousing the moral values of the Catholic Church, preventing sexual abuse and other forms of sexual misconduct, and responding effectively to allegations or instances of sexual misconduct by all the Diocese’s priests, deacons, religious, seminarians, employees and volunteers, and all employees and volunteers of the Adopting Parishes. While the procedures will aim to balance the rights of the complainants and those of the accused, they will take into account the interests of the public, State and the Catholic Church in the protection of our children, adolescents and vulnerable adults.
As stated in the introduction, these guidelines, as amended from time to time, and as promulgated by the Diocese of Tucson and its Adopting Parishes, apply to all priests, deacons, religious, seminarians, and employees and volunteers, whether full time or part time, who work or volunteer within any organization designated as a diocesan entity, or in one of the Adopting Parishes, or in any association which is affiliated with an Adopting Parish.
1. In order to clearly define the policies prescribed in these guidelines with regard to sexual misconduct by all priests, deacons, religious, seminarians, employees and volunteers serving in the Diocese of Tucson or in any of the Adopting Parishes, the following definitions are set forth. These definitions are ecclesiastic ones following the moral dictums of the Catholic Church. They are more restrictive than those contained in civil law (Arizona Revised Statutes), although they often parallel them. When the definitions below are based on civil law, it is noted after the definition. For purposes of these guidelines, minors are defined as children and adolescents under the age of 18. Arizona law, in some circumstances, makes a distinction between minors under 15 years of age and those older than 15 years of age. These guidelines do not.
2. Sexual Misconduct: Sexual misconduct is broader than sexual abuse, and includes the other terms contained in this document and/or defined below. Sexual misconduct might involve a minor or an adult, as defined below. It may yet be misconduct whether or not the activity involves physical force and regardless of whether there is discernable harmful outcome. The apparent consent of the other does not automatically preclude the finding of misconduct on the part of the person in ministry. Freely given consent is not deemed possible in the case of a minor, an impaired adult, or an adult whose relationship with the person in ministry involves a “power differential” by way of the former’s ministerial role. This definition of sexual misconduct includes by reference the following other terms defined or otherwise contained in this document: child abuse, sexual abuse, sexual contact, indecent exposure, public sexual indecency to a minor, sexual exploitation of minors, showing pornography to a minor, public display of explicit sexual materials, and sexual harassment. Prudent ministry also demands that anyone covered by this policy make every effort, including regular consultation with mentors and peer consultants, to avoid any behavior that could be misunderstood or construed as an invitation to sexual interaction. Even behaviors that involve intense non-genital physical contact with minors (like wrestling, excessive tickling, or other physical horseplay) or intense social contact (excessive attention or time given) must be avoided because of their potential to be misconstrued as sexual in nature or to be vehicles for unconscious expression of sexual desires.
3. Child Abuse: Child abuse is any form of intentional or malicious infliction of injury to the detriment of a minor’s physical, moral or mental well-being. It includes causing harm or threatened harm to a minor’s health or welfare. This includes damage to the physical or emotional/psychological health and welfare of the minor resulting from non-accidental physical or mental injury, or repeated negligent treatment or maltreatment.
4. Sexual Abuse: Sexual abuse occurs when an adult intentionally or knowingly engages in sexual contact with a minor, or with a person 18 years of age or older without the consent of that person. According to Arizona law, sexual abuse is a class 3 felony if the victim is under 15 years of age, and a class 5 felony if the victim is 15 years of age or older. (Arizona Revised Statutes Section 13-1404)
5. Sexual Contact: Sexual contact is any direct or indirect touching, fondling, manipulating, or penetrating sexual parts of a minor’s body. It includes any action that causes an adult to engage in such contact, as well as instances in which the victim is coerced by the immediate or threatened use of force against a person or property, and the victim is a minor, or incapable of consent because of drugs, alcohol, sleep, mental disorder or mental defect which renders him or her incapable of understanding the sexual nature of the conduct or to exercise the right to refuse such conduct. (Arizona Revised Statutes Section 13-1401)
6. Indecent Exposure: A person commits indecent exposure if he or she exposes his or her sexual organs in the presence of another person, exhibiting behavior that would offend or alarm a reasonable person. According to Arizona law, indecent exposure in front of a minor under the age of 15 is a class 6 felony, otherwise it is a class 1 misdemeanor. (Arizona Revised Statutes Section 13-1402)
7. Public Sexual Indecency to a Minor: A person commits public sexual indecency by intentionally or knowingly engaging in an act of sexual contact, including sexual masturbation and sexual intercourse, in the presence of a minor. “Public” does not mean the place where the offense occurs but rather whether a minor is present. According to Arizona law, public sexual indecency to a minor under 15 years of age is a class 5 felony and a class 1 misdemeanor if the minor is 15 to 18 years of age. (Arizona Revised Statutes Section 13-1403)
8. Sexual Exploitation of Minors: A person sexually exploits a minor by knowingly using, hiring, persuading or coercing a minor to engage in or help others engage in sexual exhibition or other sexual conduct to produce a picture or live act showing such conduct. Any person to whom these guidelines apply who discovers or reasonably believes that such picture(s) or displays of a minor are on a computer or any storage medium associated with any ministry in the Church, including virtual depictions, is required to make a report to the diocesan Director and to the Pastor, or his delegate, of the Adopting Parish where the suspected exploitation has allegedly occurred. He or she is also encouraged to make a report to law enforcement. (Arizona Revised Statutes Section 13-3551, et seq.)
9. Showing Pornography to a Minor: It is against diocesan policy and the policy of the Adopting Parishes to make available, show, sell or distribute to minors any item that is harmful to them. This includes pornographic materials depicting nudity, sexual conduct or sexual abuse in explicit verbal or narrative accounts, photographs, film, electronic mail, web pages and other media. This policy is also against Arizona law and, when violated, considered to be a class 4 felony. (Arizona Revised Statutes Section 13-3506)
10.
Public Display of Explicit Sexual Materials: This
occurs when a person knowingly places in public display explicit sexual
materials in the form of drawings, photographs, films, objects, books or
magazines, or which verbally describes sexual conduct or abuse in a way
that is harmful to minors. Such behavior is against Arizona law. It is also against
the law to knowingly fail to take prompt action to remove such public displays
from property in one’s possession or control. This, however, does not include
any depiction or description which, taken in context, has serious educational
value for minors or serious literary, artistic, political or scientific value.
(Arizona Revised Statutes Section 13-3507)
11. Sexual Harassment: In the case of a minor, sexual harassment means sexualized conduct or language between an adult and a minor, or between an older minor and a younger minor, especially when such conduct creates an intimidating, hostile or offensive school or playground environment for the minor.
1. Sexual Misconduct: Sexual misconduct is defined as sexual activity, whether consensual or not, regardless of who initiates such an activity, between an adult (i.e. a person 18 years of age or older) of either sex and a priest, deacon, religious, seminarian, employee or volunteer of the Diocese or of an Adopting Parish who is providing pastoral care or having power or influence over such an adult. It includes any practice that constitutes a breach of professional trust having as its intent sexual contact or activity involving a priest, deacon, religious, seminarian, employee or volunteer of the Diocese or of one of the Adopting Parishes that adversely affects the spiritual and psychological health of the adult, the ministry of the priest, or the reputation of the Church. When adults are involved, sexual misconduct includes sexual abuse, sexual exploitation sexual harassment, and sexual assault.
2. Sexual Abuse: Sexual abuse with an adult, as defined in these guidelines, occurs when a priest, deacon, religious, seminarian, employee or volunteer of the Diocese or of one of the Adopting Parishes intentionally engages in sexual contact, intercourse, fondling or touching with an impaired adult, incapable of giving informed consent, in any context.
3. Sexual Exploitation: Sexual exploitation is defined as any kind of sexual interaction between a priest, deacon, religious, seminarian, employee or volunteer of the Diocese or of an adopting Parish and an adult, when the adult is receiving pastoral care or counseling from a clergy member or when the priest, deacon, religious, seminarian, or any employee or volunteer of the Diocese or of an Adopting Parish is in a relationship of power or influence over such an adult.
4. Sexual Harassment: Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature on the part of a priest, deacon, religious, seminarian, employee or volunteer of the Diocese or of an Adopting Parish. Sexual harassment in the workplace is governed by human resources policies adopted by the Diocese of Tucson and its Parishes.
5. Sexual Assault: Sexual assault upon an adult is defined as the use of force upon a person for the purpose of sexual contact or gratification by the assailant.
In recognition of the commitment to protecting children, adolescents and adults against sexual misconduct by all priests, deacons, religious, seminarians, employees and volunteers of the Diocese of Tucson and of its Adopting Parishes, the Diocese of Tucson has established a new Office of Child, Adolescent, and Adult Protection.
Compliance monitoring is at the very heart of prevention. Adequate attention, staffing and resources will be committed on an ongoing basis to the critical task of compliance with these guidelines.
1. Director, Office of Child, Adolescent, and Adult Protection
a. The full time position of Director will be established and maintained at the diocesan level for the primary purpose of ensuring compliance by every diocesan organization, every Adopting Parish, by all diocesan personnel, and by all the personnel of the Adopting Parishes with every aspect of the these Sexual Misconduct Guidelines.
b. The Director reports administratively to the Bishop and functionally to the Sexual Misconduct Review Board and to the Pastors of the Adopting Parishes.
c. The position will be filled by a lay person with appropriate credentials and experience to carry out the duties encompassed for that position in this document and as prescribed in a job description approved by the Sexual Misconduct Review Board.
d. The Director will conduct site visits to all entities of the Diocese and its Adopting Parishes to explain the guidelines and to audit for compliance and appropriate record keeping.
e. Complaints of any violation of these guidelines are to be directed to the Director. When alleged child abuse or a sexual offense involves minors (i.e., children and adolescents under 18 years of age), the person alleging the violation must also directly contact the appropriate law enforcement agency immediately. When an alleged violation of any part of these guidelines is brought to the attention of the Director, he or she will promptly conduct an internal investigation, within the confines of the law if a civil investigation is underway.
f. The Director will review the results of his/her internal investigation with the Bishop and with the Pastor of the Adopting Parish where the alleged violation has occurred, and with the Chairperson of the Sexual Misconduct Review Board, who will determine if a remedy by the parish/diocesan entity is sufficient or if a special meeting of the Sexual Misconduct Review Board is indicated.
g. The Director will report to the Sexual Misconduct Review Board periodically and at least once annually on the compliance efforts in the Diocese in general and the compliance of each entity of the Diocese specifically, as well as the compliance efforts of each Adopting Parish and its affiliates. The Director will also report to the Sexual Misconduct Review Board all cases of alleged sexual misconduct that come to his or her attention and their status or disposition.
2. Local Compliance Representatives
a. A member of each Adopting Parish is assigned the additional duty of ensuring local compliance with all these sexual misconduct guidelines. Local compliance representatives are the pastors, principals, heads of other diocesan entities, or their designees.
b. Local compliance representatives ensure the distribution and understanding of these guidelines, maintain local records and reports, and conduct periodic audits to ensure local compliance.
c. Local compliance representatives ensure that educational requirements of these guidelines are fulfilled and documented.
d. Local compliance representatives assist the diocesan Director with audits, investigations and reports as needed.
1. Mission: The Sexual Misconduct Review Board is to review and issue updated guidelines regarding sexual misconduct for the Diocese and its Adopting Parishes, review all allegations of sexual misconduct (including the investigative reports of both law enforcement agencies and the Director), and make recommendations to the Bishop and to the Pastors of the Adopting Parishes regarding the dismissal, continuation of, or return to ministry of clerics, employees or volunteers following allegations and determinations of sexual misconduct. The Board will make policy and action recommendations directly to the Bishop or to the Pastor of an Adopting Parish, as the case may be.
2. Composition: The Sexual Misconduct Review Board will be comprised of twelve (12) members appointed by the Bishop. Eight (8) members will be laypersons who are not employees of the Diocese, and four (4) members will be clerics/religious. The lay members will include a psychiatrist, a psychologist, an attorney, a social worker, and at least one parent of a child or adolescent. The four (4) clerics/religious will include at least one (1) woman.
3. Terms of Office: The members of the Board will serve staggered three (3) year terms, renewable no more than twice. Members may be appointed by the Bishop to fill terms that have not expired.
4. Quorum: Six (6) members of the Sexual Misconduct Review Board will constitute a quorum. At least four (4) of the quorum must be lay members.
5. Officers: The Bishop will designate one member of the Sexual Misconduct Review Board as Chairperson and one member as Vice-Chairperson. The Chairperson will convene and preside at meetings of the Sexual Misconduct Review Board and act on behalf of the Board as appropriate. The Vice-Chairperson will perform these functions when the Chairperson is unable to do so. The Chairperson and the Vice-Chairperson will serve a two (2) year term. The Chairperson can be reappointed, unless he or she is in the last year of his or her last term as a Board member.
6. Relationship with the Bishop and Pastors: The Sexual Misconduct Review Board will serve as a consultative body to the Bishop and the Pastors of the Adopting Parishes in making determinations and recommendations based on these guidelines. The Sexual Misconduct Review Board is not accountable to any other official of the Diocese.
7. Meetings: The Sexual Misconduct Review Board shall meet at least monthly during the first year after the publication of this document and then at least quarterly thereafter, or as often as necessary to conduct its business.
8. Duties and Powers:
a. Recommend to the Bishop a candidate for the position of Director and, when hired, oversee the activities and job performance of the Director.
b. Ensure that allegations concerning child abuse or sexual offenses against children or adolescents are reported expeditiously to law enforcement authorities.
c. Review all allegations of sexual misconduct, including reports from law enforcement agencies and reports from internal investigations conducted under the direction of the Director.
d. Interview persons involved in an alleged incident, including the person making the allegation; commission private investigators if necessary; and make recommendations to the Bishop and/or to the Pastor of an Adopting Parish regarding the disposition of individuals determined by the Board to have acted in violation of these guidelines. The Board must report to the Bishop and/or to the Pastor of an Adopting Parish on the status of any misconduct allegations within ninety (90) days.
e. Make recommendations that the Board in its sole discretion determines to be appropriate to prevent or reduce the risk of sexual misconduct, especially the risk to children and adolescents.
f. Review these guidelines on an annual basis and recommend to the Bishop such amendments to these guidelines and procedures as the Board finds necessary.
g. Submit, with the assistance of the Director, an annual budget proposal to the Bishop. No party may reduce the budget proposal without the knowledge of the Bishop.
h. Promote mandatory educational programs for all diocesan clergy, employees and volunteers and assist the Director in their development and implementation.
i. Promote educational programs for all employees and volunteers of Adopting Parishes to prevent and reduce the risks of sexual misconduct.
j. Seek advice of any experts and consultants as the Board deems necessary and appropriate.
9. Procedures
a. In general, the Sexual Misconduct Review Board will meet in person but may me