Promulgated June 12, 2009

A Policy for Assuring Responsible Ministry by Clergy, Staff and Volunteers of the Diocese of Saint John


TABLE OF CONTENTS


1. INTRODUCTION

2. POLICY

3. DEFINITIONS

4 . APPOINTMENTS OF PERSONS FOR THE ADMINISTRATION
OF THIS POLICY

5. HOW THE DIOCESE WILL RESPOND TO COMPLAINTS OF ALLEGED MISCONDUCT
5.A Complaints of alleged abuse of a child or alleged criminal activity
5.B Complaints of alleged harassment
5.C Complaints of alleged exploitation of a ministerial or professional relationship

6. INVESTIGATIONS INITIATED BY THE DIOCESE

7. DISCIPLINE

8. CARE FOR COMPLAINANTS AND ACCUSED PERSONS

9. CARE FOR PLACES OF MINISTRY WHERE THERE IS AN ALLEGATION OF MISCONDUCT


Appendix 1: Practical Suggestions for Ordained Ministers
Appendix 2: Practical Suggestions for Staff and Volunteers
Appendix 3: New Brunswick Child Protection Reporting Requirements


1. INTRODUCTION

Mutual Respect and professional care are necessary elements in the relationships where ministry is exercised. All persons who serve in ministry or work in the Diocese of Saint John, whether not ordained or ordained, paid or volunteer, are called to exercise such responsible ministry. This policy for Responsible Ministry has been developed to assure such ministry.

1.1 Ethical Responsibilities

We believe that each person is created in the image and likeness of God and therefore, has the right to be respected at all times.

We believe in the dignity and self worth of each person and the right to autonomy in all situations.

We believe that situations of personal misconduct violate the integrity of persons, degrade them, and interfere with their gifts of creativity and wholeness.

We believe that any situation of personal misconduct misuses power and distorts relationships.


2. POLICY

2.1 Where there is a complaint that a member of the clergy or staff or volunteer of a diocesan institution may have been involved in some form of misconduct, the Diocese of Saint John will investigate thoroughly and objectively with a goal of determining the facts (See canon 1717). The investigation will be conducted with compassion and concern for the well being of all involved.

2.2 The findings of the investigation will be reviewed by the Bishop of the Diocese of Saint John (hereinafter: Bishop) who will make final determinations under this policy. Both complainants and accused persons shall have an opportunity to meet with the Bishop following his receipt of the report and prior to his decision.

2.3 If the Bishop is accused, the next official in line of seniority shall assume the function of the Bishop as described in this policy (normally the Vicar General).

2.4 When there is an allegation of misconduct of any kind, the Diocese of Saint John will comply with all applicable civil and provincial laws. Abuse of children is of special concern and persons suspecting that a child may be in need of protection are required to report this to civil authorities. Members of the clergy, employees and volunteers of the Diocese of Saint John are expected to be familiar with the child protection reporting requirements (See Appendix 3).

2.5 Any member of the clergy, employee or volunteer of the Diocese of Saint John who has actual knowledge of or who has reasonable cause to believe misconduct by any member of the clergy or staff or volunteer of the Diocese of Saint John has taken place, shall comply with all applicable reporting requirements of provincial laws and all applicable federal laws. Any report made to civil authorities involving a member of the clergy, employee, or volunteer of the Diocese of Saint John shall also be reported to the Bishop’s Delegate of the Diocese of Saint John (See 4.1 below).

2.6 This policy is consistent with the requirements of Canon Law, other universal Church law and the particular law of the Diocese of Saint John.


3. DEFINITIONS

3.1 Professional Misconduct: an over-arching term that encompasses:

abuse (physical, sexual and verbal),
harassment, and
exploitation of a ministerial relationship.

3.2 Abuse: activity that may be criminal in nature.

This may be any kind of activity that is defined either as child abuse under the child protection legislation of each Canadian province and territory or as criminal abuse of children or adults under the Criminal Code of Canada.

3.3 Harassment: unwelcome conduct that interferes with an individualÆs performance of duties or creates an intimidating, hostile, or offensive environment. Canadian human rights laws provide protection against discrimination based on age, sex (including sexual harassment and pregnancy), sexual orientation, race, colour, religion, marital status, ethnic or national origin, physical or mental handicap and political belief.

3.4 Exploitation of a ministerial relationship: a betrayal of trust in a ministerial or professional relationship by a member of the clergy, employee or volunteer of the Diocese of Saint John.

The apparent consent of a complainant does not determine whether or not there has been exploitation. The imbalance of power (between the person offering ministry and the person to whom ministry is offered) undermines the validity of such consent.

3.5 Minor a minor is defined for the purpose of these protocols as a person actually or apparently under the age of majority (19 years.)

3.6 Vulnerable Adult any adult who lacks full competence due to physical, mental or emotional disabilities or problems.

3.7 Clergy those persons who have received the sacrament of Holy Orders (i.e., deacons, permanent or transitional, priests and bishops). For the purpose of these protocols, clergy is also understood to include those preparing to receive the sacrament of Holy Orders (i.e, seminarians).

3.8 Laity those persons, non ordained, who are employed by or who volunteer for any ministry in the Diocese of Saint John or one of its parishes, mission churches or institutions or who receive such ministry.


4 . APPOINTMENTS OF PERSONS FOR THE ADMINISTRATION OF THIS POLICY

4.1 Responsible Ministry Policy Administrator (Bishop’s Delegate)

The Bishop shall appoint a Bishop’s Delegate to oversee the administration of this Policy. At the same time, the Bishop shall appoint a Deputy Delegate. The Deputy Delegate may act as a consultant to the Bishop’s Delegate, may act on the Bishop’s Delegate’s behalf, or may be called on if there is perception of conflict of interest for the Bishop’s Delegate. He will also act in the absence or incapacity of the Bishop’s Delegate.

4.2 Responsible Ministry Advisory Team

The Bishop shall appoint a team of at least five persons who are qualified by training and experience to act as advisors to the Bishop’s Delegate in the administration of this policy. The members of the team may also be designated by the Bishop’s Delegate to act as:

- investigators in investigations of a complaint of misconduct;
- support persons in investigations of a complaint of misconduct;
- facilitators in informal processes dealing with complaints of harassment;
- intervenors providing crisis intervention in a place of ministry affected by a complaint of misconduct.
- mediators.

The Responsible Ministry Advisory Team will be expected to meet regularly for education, periodic review of the policy as well as in crisis situations.

4.3 Investigators and Support Persons

The roles of investigators and support persons are distinct from each other. The investigator shall not act as a support person on a case he/she is investigating, nor shall the support person act as an investigator in a case where he/she is offering support.

Investigators will conduct independent investigations that are fair, thorough, objective and compassionate to all involved. The Diocese of Saint John shall offer full cooperation and assistance to investigators under this policy.

Usually, the complainant and accused person will have separate support persons. Support will consist of emotional support (not counseling) and possibly spiritual support, assistance with communications, and assistance with understanding the procedures of the Diocese of Saint John when responding to an allegation of misconduct. The support persons are not part of the investigation.

4.4 Confidentiality

All persons involved in the administration of this policy shall be bound to observe professional confidentiality in whatever the policy’s administration involves.


5. HOW THE DIOCESE OF SAINT JOHN WILL RESPOND TO COMPLAINTS OF ALLEGED MISCONDUCT

5.A Complaints of alleged abuse of a child or alleged criminal activity

5.A.1 Anyone who suspects that a child may be in need of protection must report this immediately to appropriate authorities, in compliance with child protection laws.

If the alleged abuser of a child is a member of the clergy, employee or volunteer of the Diocese of Saint John, this must also be reported immediately to the Bishop’s Delegate. If a member of the clergy, employee or volunteer of the Diocese of Saint John has been accused and/or notified of an allegation of abuse of a child or alleged criminal activity, he/she should contact the Bishop’s Delegate immediately. The Bishop’s Delegate shall inform the Bishop immediately. The Bishop’s Delegate shall consult with legal counsel for the Diocese of Saint John and shall coordinate the Diocese of Saint John’s response.

5.A.2 The Diocese of Saint John shall cooperate fully in any criminal or child protection investigation.

5.A.3 Any member of the clergy, employee or volunteer of the Diocese of Saint John who is the subject of a criminal or child protection investigation related to misconduct shall be removed from the sacred ministry or from any ecclesiastical office or function as applicable pending the outcome of the investigation in accord with canon 1722. The remuneration of the suspected individual shall continue during the period of investigation. Members of the clergy will also continue to be provided with living accommodations.

5.A.4 When a complaint indicates that a child may be currently in need of protection, the Bishop’s Delegate shall make a report to child protection authorities as required by law.

5.A.5 Where the complaint involves alleged abuse of a child in the past, or misconduct that may be criminal in nature, adult complainants will be encouraged to make a report to appropriate civil authorities for investigation. If information related to abuse of a child in the past indicates that other children may currently be at risk, this will be reported to the child protection authorities.

5.A.6 Where an adult complains of criminal activity but declines to report to the police, the Diocese of Saint John may undertake any action it deems necessary to ensure the safety of the Diocese of Saint John’s ministries. This may include instituting an internal investigation in accordance with canon 1717, and removing the accused person from the sacred ministry or from any ecclesiastical office or function as applicable pending the outcome of the investigation. The remuneration of the suspected individual shall continue during the period of investigation. Members of the clergy will also continue to be provided with living accommodations.

5.A.7 Following the completion of any criminal or child protection proceedings, the Diocese of Saint John asserts the right and obligation to conduct an internal investigation to determine whether an accused member of the clergy, employee or volunteer poses a hazard to children or vulnerable adults. The findings of this internal investigation will be used to determine future assignments of the accused person. The determination shall be made by the Bishop and shall be made on the basis of the balance of probabilities with primary consideration given to the safety of children and vulnerable adults. Whenever allegations of sexual abuse involving minors by a member of the clergy have been made, a proper preliminary canonical enquiry will be undertaken and the case will be referred to the Congregation for the Doctrine of the Faith, as required by the Roman Norms (see canon 1717 and Motu Proprio Sacramentorum Sanctitatis Tutela).

5.B. Complaints of alleged harassment

5.B.1 Where the complainant is an adult alleging harassment, the complainant may elect to attempt an informal process for resolution of the complaint. An informal process may be facilitated by a person appointed by the Bishop’s Delegate. With the agreement of both the complainant and the accused person, the facilitator may assist in discussions between the parties to attempt resolution. If a resolution is achieved, a resolution agreement shall be drawn up, and signed by both parties and ratified by the Bishop’s Delegate. A copy of the agreement shall be maintained in the file of the Bishop’s Delegate.

Note: Statements made by the complainant and the accused person in the course of an informal process are considered to be without prejudice in this policy and are not to be produced in an investigation if a formal process occurs. However, anyone may be required by law to give evidence and produce documents.

5.B.2 If there is no informal process or if an informal process fails, the Bishop’s Delegate shall appoint an investigator. The investigator shall interview the complainant, and document the complaint in writing. The investigator shall interview any witnesses and review any written documentation that may have bearing on the allegations. The investigator shall provide the accused person with the written complaint and any other evidence. The accused person will be given opportunity to make a defence. The investigator shall prepare a written report for the Bishop’s Delegate. The report shall contain the statement of the complainant, any other evidence, and the reply of the accused person and any findings and recommendations of the investigator.

5.B.3 At any point prior to or during the investigation, the complainant or the accused person may request a referral to mediation. If both parties and the Bishop’s Delegate agree to mediation, the Bishop’s Delegate shall retain a professional mediator to mediate between the complainant and the accused person. If an investigation is in progress at the time of the agreement to mediate, it shall be suspended until the mediation is completed or until it is declared by the mediator to have failed. Any mediation agreement between the parties must be provided in writing and ratified by the Bishop’s Delegate.

Note: Statements made by the complainant and the accused person in the course of a mediation are considered to be without prejudice in this policy and are not to be produced in an investigation if a formal process occurs. However, anyone may be required by law to give evidence and produce documents.

5.B.4 The Bishop’s Delegate shall consult with the Responsible Ministry Advisory Team and take the investigation report and any recommendations from the Responsible Ministry Advisory Team to the Bishop.

5.B.5 Both the complainant and the accused person shall each have the right to a meeting with the Bishop following the Bishop’s receipt of the investigation report and prior to the Bishop’s final decision. The Bishop’s Delegate shall be present at the meeting.

5.C. Complaints of alleged exploitation of a ministerial or professional relationship

Clergy, staff and volunteers of diocesan institutions are expected to observe professional boundaries in all ministerial and professional relationships. A power imbalance is inherent in ministerial relationships. Because of this, an informal process is not appropriate when responding to a complaint of exploitation of a ministerial or professional relationship. All such complaints are responded to with an investigation.

5.C.1 In cases of alleged exploitation of a ministerial or professional relationship, the Bishop’s Delegate shall appoint an investigator from the Responsible Ministry Advisory Team. The investigator shall interview the complainant, and document the complaint in writing. The investigator shall interview any witnesses and review any written documentation that may have bearing on the allegations. The investigator shall provide the accused person with the written complaint and any other evidence. The accused person will be given opportunity to make a defence. The investigator shall prepare a written report for the Bishop’s Delegate. The report shall contain the statement of the complainant, any other evidence, and the reply of the accused person and any findings and recommendations of the investigator.

5.C.2 The Bishop’s Delegate shall consult with the Responsible Ministry Advisory Team and take recommendations to the Bishop.

5.C.3 Both the complainant and the accused person shall have the right to a meeting with the Bishop following the Bishop’s receipt of the investigation report and prior to his final decision. The Bishop’s Delegate shall be present at the meeting.

5.C.4 The Bishop shall consult with whomever he deems appropriate and shall then render a decision as to the veracity of the complaint.

5.C.5 The Bishop shall provide the complainant and the accused person with the decision in writing and where possible, in person.


6. INVESTIGATIONS INITIATED BY THE DIOCESE OF SAINT JOHN

6.1 The Diocese of Saint John reserves the right to initiate an investigation under this policy where there is reasonable suspicion of misconduct as defined in this policy (see canon 1717).

6.2 The Bishop may order the Bishop’s Delegate to commence an investigation. This investigation would proceed like other investigations, i.e. an investigator is appointed; persons who are the subject of the investigation are advised of this and advised of their rights both civil and canonical; support persons are offered; the investigator conducts interviews and other enquiries and produces a report for the Bishop’s Delegate.

6.3 Following receipt of the investigator’s report, the Bishop’s Delegate consults with the Responsible Ministry Advisory Team and brings the report and any recommendations of the Responsible Ministry Advisory Team to the Bishop.

6.4 Both the complainant and the accused person shall have the right to a meeting with the Bishop following the Bishop’s receipt of the investigation report and prior to his final decision. The Bishop’s Delegate shall be present at the meeting.

6.5 The Bishop consults the Diocese of Saint John’s legal counsel and anyone else he deems appropriate. The Bishop then makes a finding with respect to the validity of the allegation and directs any measures that should be taken to ensure the safety of the people served by the Diocese of Saint John.

6.6 In all cases where a person under the policy has been the subject of a child protection and /or criminal investigation, the Bishop will order that an internal investigation be conducted to determine whether the accused person poses a hazard to children or vulnerable adults. The accused person will be removed from the sacred ministry or from any ecclesiastical office or function as applicable until the internal investigation is completed and it has been determined that the accused person poses no hazard to children or vulnerable persons (see canon 1722). The remuneration of the suspected individual shall continue during the period of investigation. Members of the clergy will also continue to be provided with living accommodations. Future assignments must take into account the findings of any investigation so as to ensure the safety of children and vulnerable persons.


7. DISCIPLINE

7.1 The Bishop will remove from the sacred ministry or from any ecclesiastical office or function as applicable any person under this policy who is the subject of a criminal or child protection investigation until the completion of all investigations and proceedings. The fact that a person has been removed from the sacred ministry or from an ecclesiastical office or function shall not be taken to suggest that the accused person is guilty of the misconduct alleged. Whether or not there has been misconduct shall be determined in accordance with these policies. The remuneration of the suspected individual shall continue during the period of investigation. Members of the clergy will also continue to be provided with living accommodations.

7.2 Any person who is the subject of a complaint of harassment or exploitation of a ministerial or professional relationship may be removed from the sacred ministry or from any ecclesiastical office or function as applicable or assigned to alternate ministry by the Bishop until the completion of all investigations and proceedings, if the Bishop deems this to be in the interest of the good order of the Diocese of Saint John or the place of ministry. The remuneration of the suspected individual shall continue during the period of investigation. Members of the clergy will also continue to be provided with living accommodations.

7.3 Where there has been no finding made that misconduct has occurred, there will be no notation made in the personnel file of the accused person, but a complete copy of the investigation report and the Bishop’s written findings shall be maintained in the files of the Bishop’s Delegate.

7.4 Where there has been a finding that misconduct has occurred, the Bishop’s Delegate shall consult with the Responsible Ministry Advisory Team as to appropriate assessment, treatment and rehabilitation programs for the accused person. The Bishop shall consider these recommendations as part of any discipline to be administered. (See 7.6 below).

7.5 Any person convicted of abuse of a child will be prohibited from exercising any public ministry. If the person is a cleric, the case will be further referred to the Congregation for the Doctrine of the Faith, as required by the Roman Norms. (Motu Proprio Sacramentorum Sanctitatis Tutela)

7.6 If an allegation is substantiated following an investigation in cases other than that involving abuse of a child (see 7.5 above), the Bishop may invoke any of several sanctions, as deemed appropriate. For example:

Caution: the Bishop gives an oral caution to the person and notes it on the person’s file.

Warning: the Bishop gives a warning in writing with a copy of the warning going to the person’s file.

Reprimand: the person appears before the Bishop and is given a reprimand in writing with a copy of the reprimand going to the person’s file.

Reprimand with follow up: the person appears before the Bishop, is given a reprimand in writing, with a copy of the reprimand going to the person’s file, opportunities for rehabilitation are provided as needed, and ongoing reports are given to the Bishop for at least one year.

Administrative leave: the person is removed from the exercise of ministry, employment or volunteer work until there is clear evidence to the Bishop of rehabilitation and restoration.

Termination: the person’s appointment, employment, or volunteer work is terminated.

7.7 Particular Law of the Diocese of Saint John/Canon Law/Church Law: in addition to the disciplinary procedures listed above, the Diocese of Saint John is also subject to the prescripts of its particular law and of the Code of Canon Law and other universal Church laws.

7.8 Members of the Responsible Ministry Advisory Team may be designated by the Bishop’s Delegate to monitor any post treatment rehabilitation program.


8. CARE FOR COMPLAINANTS AND ACCUSED PERSONS

8.1 Persons bringing a complaint of alleged misconduct may, at the discretion of the Bishop, receive assistance from the Diocese of Saint John with payment of therapy fees pending the completion of procedures under this policy. Such assistance is provided for pastoral reasons and does not constitute an admission of responsibility or an admission that the facts as alleged have occurred.

8.2 Persons who are the subject of a complaint of alleged misconduct may, at the discretion of the Bishop, receive assistance from the Diocese of Saint John with payment of therapy fees pending the completion of procedures under this policy. Such assistance is provided for pastoral reasons and does not constitute an admission of responsibility or an admission that the facts as alleged have occurred.

8.3 Persons who are the subject of a complaint of misconduct are advised to obtain independent legal counsel and canonical counsel. Reasonable fees of legal and canonical counsel for an accused member of the Diocese of Saint John, who is unable to pay them, may be paid for by the Diocese of Saint John.

8.4 Where there has been a finding that misconduct has occurred, the Diocese of Saint John is willing to assist with therapy fees for the complainant. The Bishop’s Delegate may request the Responsible Ministry Advisory Team to advise on matters such as the appropriate professional fee level and the therapist’s projected time for the length of therapy. Such assistance by the Diocese of Saint John is provided for pastoral reasons and does not constitute an admission of responsibility on the part of the Diocese of Saint John.


9. CARE FOR PLACES OF MINISTRY WHERE THERE IS AN ALLEGATION OF MISCONDUCT

9.1 The Bishop shall provide crisis intervention to any place of ministry where an allegation of misconduct has caused disruption.

9.2 The Bishop will direct the Bishop’s Delegate to ascertain whether there is a need for crisis intervention or other pastoral response if an allegation of misconduct appears to threaten the integrity of the place of ministry. The Diocese of Saint John’s response may include a visit by the Bishop, and/or crisis intervention provided by the members of the Responsible Ministry Advisory Team.

9.3 Where an allegation of misconduct becomes public, the Bishop or his designated spokesperson shall prepare a public statement that, while protecting the privacy of the parties involved, and without prejudicing the case, explains the Diocese of Saint John’s policy on Responsible Ministry and describes the steps that have been taken to address any complaint.


Appendix 1: Practical Suggestions for Ordained Ministers

1. Caution and professional attitudes are to be observed in all interactions with minors and vulnerable adults.

2. Ministers should avoid being alone with a minor or vulnerable adult in a house or in a closed room unless another adult is in close proximity, excluding sacramental confession.

3. Pastoral ministry should be limited to the professional section of a rectory.

4. Support and social activity should be found with fellow clergy or other adults.

5. Ordinarily, minors and vulnerable adults should not be permitted to work in rectories.


Appendix 2: Practical Suggestions for Staff and Volunteers

1. Caution and professional attitudes are to be observed in all interactions with minors and vulnerable adults.

2. Staff and volunteers should avoid being alone with a minor or vulnerable adult in a house or in a closed room unless another adult is in close proximity.


Appendix 3: New Brunswick Child Protection Reporting Requirements

Any person who has information causing him to suspect that a child has been abandoned, deserted, physically or sexually ill treated, or otherwise abused, shall inform the Minister of the situation without delay. [Section 30(1) Family Services Act]

It is an offence under section 30(3) of the Family Services Act for a professional person to fail to report a child in any of the circumstances described above, if that person acquired the information in the discharge of his or her professional responsibilities.