Reporting Abuse of an Adult

Introduction

This procedure is intended to acknowledge several concerns:

that every allegation which reaches the Bishop or the supervisor deserves a response and investigation where appropriate

that the Bishop or supervisor cannot be the only one who actually assesses or evaluates the substance of the allegations

that a shared approach, involving legal, mental health, and pastoral avenues is desirable

that criminal proceedings are a common result of the process and litigation, by its very nature is a recourse available to anyone

that a uniform procedure ensures that all cases will be treated with justice as well as consistency

that allegations of sexual misconduct are concerns which bear no relationship to differing opinions on controversial matters

that the Bishop’s pastoral concern is directed to both alleged offenders as well as those making allegations

that people can be wrongfully accused of sexual misconduct

that this procedure will be employed in each instance of allegation, unless the Bishop reasonable determines, based upon all information available and reviewed by him/her (and concurred with by the Chancellor) that the allegation is unfounded or of a trivial nature

that the Bishop may consult, in confidence, with any person so chosen to review issues and materials regarding any alleged incident(s) of sexual misconduct

that the Bishop be committed to guarding the privacy of all individuals concerned with utmost care

that the Bishop may, when deemed appropriate, commence a process for canonical discipline.

This process is intended to give the Bishop guidance while affording him/her the opportunity to customize each procedure according to the circumstances.

In the event of a report to him of possible sexual misconduct by a lay employee or volunteer, the Bishop will follow as much of this procedure (specified for the clergy) as is appropriate for the circumstance.

Procedure for Bishop’s Response to Allegations of Clergy Sexual Misconduct

The Bishop will meet, as soon as possible, with the party or parties making the allegation and hear out the specifics raised. At the Bishop’s discretion, such meetings may involve other staff members or consultants. The complainant is encouraged to include a support person at this meeting. Notes will be taken which are utilized by staff for the preparation of a written report of the allegations made. This report is reviewed and approved by the complainant(s). The Bishop will ask the complainant(s) to sign an affidavit to the report.
In accordance with Title IV. 3(A)4, the Bishop may appoint an advocate to assist the complainant(s) in understanding and participating in the disciplinary processes of the Church, in formulating and submitting an appropriate charge, and in obtaining assistance in spiritual matters. The complainants are entitled to the counsel of an attorney and/ or advocate of their choice.
The Bishop will meet with the named cleric as soon as possible. S/he will outline the allegations and hear out all responses given. Such meeting may include other persons at the invitation of either the Bishop or the cleric. Each may bring a support person or legal counsel to such a meeting.
In accordance with Title IV.14.8(a), the Bishop will notify the cleric of the availability and identity of the consultant. The consultant shall be available to consult with and advise the cleric and his or her legal advisors at reasonable times prior to the issuance of a Presentment. The consultant shall explain the rights of the cleric and the alternatives available under Title IV.
The Bishop will specify to both the cleric and the complainant(s) appropriate guidelines for privacy as this process continues.
The Bishop will, after hearing both sides or at any point, begin canonical proceedings for discipline if appropriate. In accordance with canon law, the Bishop may inhibit the accused from acting as a cleric while the proceedings are pending. S/he may also address with the cleric limitations on activities to be observed while the process of investigation and resolution are continuing.
If the Bishop is presented with conflicting stories (“my word against your word”), s/he will advise both parties of their right to provide additional documentation or other material relevant to the matter. The Bishop may, at his/her discretion, invite both parties to meet in his/her presence with other professionals or advocates present as may be desired by the parties involved. The Bishop may, at his/her discretion, consult and involve the designated diocesan response team for further investigation and/or adjudication as s/he deems appropriate.
As needed, the Bishop will refer the cleric to the Bishop’s designee for appropriate assessment and treatment resources. The cleric will sign a release of information to allow the clinical provider(s) to share recommendations with the Bishop or the Bishop’s designee. These services will conform to the direction and guidelines of Church Insurance or other insurers.
The Bishop may make any such referral as a written pastoral direction, in which case, failure to comply will be grounds for canonical discipline.
The Bishop will not specify a likely outcome of the recommended assessment and treatment, but will insist that such recommendations as may be forthcoming be pursued in a timely manner.
The Bishop will receive the results of such assessment and will designate both clinical and legal advisors who will review and interpret the results to the Bishop. Contact with consultants from the Church Insurance Company and/or other insurers will continue as appropriate to the circumstances.
Written documentation will be made of each of the steps above. Such records will ordinarily be kept in strict confidence, but the Bishop will cooperate by furnishing to the appropriate civil or criminal authorities, on request, any materials that could otherwise be subpoenaed.
The Bishop’s designee will assure that all recommended services are being pursued by the cleric and will receive periodic reports from the clinical providers as to the progress in treatment. Such reports will conform with customary practice in human resources management: no clinical details will be given, but general progress comments will be requested.
The Bishop or his/her designee will assure the complainant(s) that actions are being taken, without specifically disclosing the clinical avenues. The Bishop, or his designee, will maintain a pastoral contact with the complainant(s) and assure that they receive appropriate referrals to mental health or other support services as needed.
If it is determined in the Bishop’s reasonable opinion that there is no substance to the presented allegations, the Bishop will place a note in the cleric’s file recording the determination of “no substance”, and the cleric will also be afforded the opportunity to place a statement in the file.
The complainant(s) will be kept advised at all stages of the process and told of its outcome.
Written material which is produced in this process will be filed in the Bishop’s Office under lock and key. Except for circumstances detailed in Step 9 or as provided by law or in the case of an ecclesiastical trial, these files will not be released.