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APPENDIX
H
ADMINISTRATIVE
POLICY FOR ALLEGED CASES
OF
SEXUAL ABUSE AND CHILD ABUSE

The
policy of the Diocese of Spokane in alleged cases of Sexual Abuse or Child Abuse
by church employees, including priests and deacons, includes the pastoral care
of the victim and his/her family, the immediate evaluation and just treatment
for the alleged offender, and the reconciliation of all involved, as part of the
ministry of the Church.
When
an allegation is brought to the attention of the Diocese, without an assumption
of guilt, we will take the following steps:
1. Allegations of Sexual Abuse
or Child Abuse must be reported to the Office of the Bishop by those who
know or
have reasonable cause to believe that abuse has taken place.
The Diocese will respond promptly
to the pastoral needs of the victim,
the family, and the accused. The Moderator of the Curia will be the
lead agent in this response.
2.
The Diocese will verify notification of the appropriate governmental
agency. The legally mandated
“reporting channel” for abuse of children is the Child Protective Services
of the Department of Social and Health Services.
The Diocese will further direct all church employees, lay and clergy, to
cooperate in the investigation. If
the accused is an employee of the Diocese and he/she fails to cooperate, he/she
will be suspended from duties without pay. A
priest or deacon is liable to the canonical penalty of suspension for failure to
cooperate with the investigation.
3.
The Diocese will inform the accused individual that an allegation has
been made, that an investigation and evaluation by proper authorities will begin
immediately. In cases of alleged
sexual abuse, without assumption of guilt the accused individual will be
relieved of his/her duties without pay during the investigation.
A priest or deacon will be removed from sacred ministry during the course
of the investigation in accord with c. 1722.
REGARDING
CASES OF SEXUAL ABUSE
4. In all cases of confirmed sexual abuse, the Diocese will terminate the
employment of the individual. A
priest or deacon will be subject to canonical penalties or other prohibitions to
ministry.
5.
Every effort will be made to see that the individual receives treatment
for the disorder.
6. If an employee, priest, deacon, or seminarian whom the Diocese knows has
been involved in a case of substantiated sexual abuse seeks to relocate to
another diocese or place of employment, or if the Diocese becomes aware that the
person is seeking to relocate, the Ordinary or appropriate authority will be
notified immediately that there are some constraining circumstances in the
Diocese.
7.
A committee has been established for consultation of the Diocese in cases of
sexual abuse. This committee will be informed of all cases of sexual
abuse. The initial committee includes the Moderator of the Curia, the
Vicar for Priests, an attorney, a mental health professional, and a lay person
appointed by the Bishop. This committee is advisory to the Bishop and any
recommendations made to him are confidential. Implementation of any
recommendations will be the decision of the Bishop.
In
cases where a cleric seeks reinstatement to ministry after treatment, the Bishop
will seek consultation with this committee after sharing with them the diagnosis
and recommendations after treatment of the person in question.
The final decision is the responsibility of the Bishop.
The
committee has available as resource the proposed protocols of a number of
entities. It will use these as
references to guide its work and in making recommendations.
IN
CASES OF CHILD ABUSE
8. In cases of the physical or emotional abuse of a minor or of an
individual who is incapable of caring for his/her own best interests because of
physical or emotional handicap, the diocese will react in a similar mode as in
the case of sexual abuse.
PROPER
REPORTING OF ABUSIVE SITUATIONS
9.
When priests or deacons serving in this Diocese become aware of
situations of abuse, they must determine if they have come to this awareness as
pastoral ministers or institutional administrators.
For cases in which the seal of confession does not apply and in which the
priest or deacon is clearly responsible as a diocesan administrator, the proper
reporting of the abuse to civil authorities is to take place as set forth by
civil statutes (even though priests are not technically required by statue to
report).
10. All other employees of the Diocese are to comply with statutory reporting
requirements when they become aware of situations of abuse, which are covered by
civil statue.
REQUIREMENT
FOR EDUCATION ON ISSUES OF ABUSE
11.
It is the policy of the Diocese to provide for education for all priests,
deacons, pastoral ministers, principals, and administrators of programs
regarding the issues of child and sexual abuse.
All priests, deacons and laypersons who hold administrative
responsibility will be required to participate in the programs which are
presented.
IDENTIFICATION
OF BEHAVIORS WHICH ARE DEEMED INAPPROPRIATE
12.
Those who act in the name of the Church have tremendous power in the lives of
the people to whom they minister. The great power differential which is
present causes them to be held to a higher level of behavior. In such
relationships, the reality is that the inappropriateness of behavior is judged
not by the intent of the person, but its impact upon the recipient.
It
is the policy of the Diocese of Spokane to expect from all clergy, employees,
and volunteers behaviors that are faithful to Catholic moral standards in their
relationships with parishioners and recipients of service.
Not only must the actual behavior meet appropriate standards, but all
clergy, employees and volunteers are expected to act in a way, which does not
give the appearance of being inappropriate.
To
make this policy more specific the following behaviors are deemed inappropriate:
Sexual
relationships with parishioners, counselees,
students,
or collaborators in ministry.
Touches
and embraces that are not acceptable or are
uncomfortable
to the individual as appropriate to
sex
and age.
Language
and non-verbal communication which is suggestive,
demeaning
or controlling of another person.
The
singling out of persons, especially children, for
special
personal attention or personal gifts.
The
taking of young people on personal trips or vacations
without
other adults or appropriate chaperons.
The
development of relationships with parishioners or
clients
which mix and intertwine professional
responsibilities
with “peer” group behaviors
in
an inappropriate way.
The
appearance or the reality of concealing or asking
individuals
to conceal the fact and nature of an
interpersonal
relationship.
The
suggestion that the relationship between care givers
and
those who seek their help is a “two-way” relationship
in
which the care giver also receives help from the
interaction.
Approval
by Bishop Skylstad
10/11/89
,
Revised
4/1/94
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