Appendix E: Protecting God's People

EcumenicEcumenical Catholic Church+USA “Protecting ProGod’s People” Policy and Procedures "Protecting God's People" Adopted: October 2011

Purpose It is the intent of the Ecumenical Catholic Church+USA, hereinafter referred to as “The Ecumenical Catholic Church+USA”, “ECC+USA”, the “Church”, and/or the “Church Corporation”, its Council of Bishops and all associated member ministries of the ECC+USA to provide a safe and secure environment for all God’s people to work, worship and participate in church sponsored activities. Through the establishment of this “Protecting God’s People” Policy and Procedures document, the goal of the ECC+USA, its Council of Bishops and all member clergy is to protect all persons, adults and children alike, from incidents of misconduct, inappropriate behavior or harassment, while also protecting the Church and member ministries, their staff members and volunteers from false accusations. in regard to protecting God’s people for each member ministry and its personnel and each cler associated with this Church. Objectives There are two general objectives which are sought to be achieved by this policy. The first, legal in nature, is to discover the truth and, in cases of substantiated Sexual Misconduct, to impose appropriate ecclesiastical discipline. The second, pastoral in nature, is to care for those affected by such conduct: the victim(s), the offender(s), their families, and affected clergy and congregations. These two tracks proceed in parallel fashion, but are separate. The Presiding Bishop, in consultation with the Council of Bishops, will provide oversight and guidance of the implementation of this policy. Policies Concerning Sexual Misconduct, Protection of Children, Extended Counseling Relationships and Spiritual Direction General Statement of Policy As stated in Section I, “Purpose”, it is the policy of the ECC+USA and all member ministries that “Sexual Misconduct” as defined herein on the part of any person employed or engaged by, volunteering for or otherwise representing or serving the Church corporation and/or member ministries in any manner, is strictly prohibited. This policy applies to all persons including, without limitation, any ordained person (cleric), aspirant, postulant, candidate or seminarian sponsored by a member ministry of this Church, or by any lay employee or volunteer working in any capacity for any member ministry of this Church, or any other person who provides pastoral care or who supervises youth ministries or activities for any member ministry of this Church. Sexual Misconduct includes adultery, any sexual activity with a counselee, a person under the age of eighteen or a person lacking in full mental capacity, any sexual activity with a non-consenting person, and any illegal or aberrant sexual activity. It also includes any words or conduct which constitute illegal sexual harassment in the workplace, whether involving employees (paid or volunteers) such as unwelcome sexual advances, improper touching and obscene or sexually provocative or offensive language or gestures. Examples of Child Abuse, Sexual Misconduct; Pastoral Relationship Defined Without limiting the generality of the foregoing, the following are examples of Sexual and Abusive Misconduct: Child Abuse: For purposes of this policy, child abuse is any action (or lack of action) which endangers or harms a child’s physical, psychological or emotional health and development. Child abuse occurs in different ways and includes physical abuse (beating, shaking, burns, biting); emotional abuse (constant criticism, belittling and persistent teasing); and neglect (depriving a child of their essential needs, such as adequate food, water, shelter and medical care). Sexual Abuse: Sexual abuse or sexual molestation of any person, including but not limited to, any sexual involvement or sexual contact with a person who is a minor or who is legally incompetent; physical abuse or sexual violence, criminal or aberrant sexual behavior (such as voyeurism or exhibitionism) or the use or display of pornographic material in the presence of children or in the employment, pastoral or volunteer setting. Sexual Harassment: Sexual harassment in a situation where there is an employment, mentor or colleague relationship between the persons involved, including but not limited to, sexually-oriented humor or language; questions or comments about sexual behavior or preference unrelated to job performance or employment qualifications; undesired physical contact; inappropriate comments about clothing or physical appearance; or repeated unwelcomed requests for social engagements. Sexual Exploitation: Sexual exploitation including, but not limited to, the development of or the attempt to develop a sexual or romantic relationship between cleric, employee or volunteer and a person with whom he/she has a Pastoral or Fiduciary Relationship, whether or not there is apparent consent from the individual. Pastoral Relationship, as used in this policy, refers to a relationship between a cleric, employee or volunteer and any person to whom such cleric, employee or volunteer provides counseling, pastoral care, spiritual direction or guidance, sacramental education, or from whom such cleric, employee or volunteer has received a confession or confidential or privileged information. Procedures for Investigation This policy sets forth procedures for the investigation of allegations of Child Abuse and Sexual Misconduct, and for discipline. Such procedures include: Immediate consultation with the appropriate law enforcement authorities for the investigation of and, where warranted, criminal prosecution, Immediate notification of the Diocesan Bishop, the Presiding Bishop, the Pastor, Parish Council/Board of Directors or other employer, and Immediate notification and consultation with the ministry’s insurance carrier, if applicable. Prohibition with Respect to Youth Ministries or Activities No person with a criminal record of child sexual abuse or a paraphiliac diagnosis (e.g. pedophilia, exhibitionism, voyeurism as defined by the American Psychiatric Association), and no person with respect to whom it is reasonably believed that he or she may likely be an abuser of children, shall be permitted to serve this Church in an official capacity (cleric, employee, volunteer). Paraphilia is a biomedical term used to describe sexual arousal to objects, situations, or individuals that are not part of normative stimulation and that may cause distress or serious problems for the paraphiliac or persons associated with him or her. Paraphilia involves sexual arousal and gratification towards sexual behavior that is atypical and extreme. (http://en.wikipedia.org/wiki/Paraphiliac) Child Abuse Reporting All incidents and allegations of sexual abuse and/or misconduct shall be immediately reported to the appropriate law enforcement authorities for investigation. This shall be done by the local ministry’s Board of Directors, the Pastor, or any person in any way associated with the local ministry who has *first hand and credible knowledge* of a violation of this policy. The Diocesan Bishop and the Presiding Bishop shall also receive immediate notification by the local ministry’s Board of Directors and/or the Pastor. The primary person responsible for reporting said violation of policy rests with the person who becomes knowledgeable or suspicious of a violation and that person, even if he/she involves members of the ministry leadership, must ensure proper notification to civil authorities as outlined herein. Application, Background Checks; Evaluations Applications and background checks are required of all clerics requesting incardination, all clergy candidates to Major and Minor Orders, all employees and volunteers. The following describes the specific method of background checks for each of these levels of ministry membership. Incardination Candidates: These are clerics ordained in another Church who seek clerical membership in this Church. Complete the “Application for Incardination” and provide personal, educational, employment, and personal spiritual formation information statements and references, as requested. Disclosure of any criminal accusations or convictions. Consent for the ECC+USA to conduct a criminal record background check, as well as contacting all references, present and former employers, church related supervisors, and verification of educational credentials. The application fee, paid by the applicant, will cover the cost of the record search and report conducted by an agency specializing in such matters for churches. All records and notes gathered from the candidate’s background review will be maintained in the clergy files of the Presiding Bishop. Ordination Candidates Major Orders (Aspirants to the Diaconate and Priesthood) Complete the “Application for Ordination Candidates” and provide personal, educational, employment, and personal spiritual formation information statements and references, as requested. Disclosure of any criminal accusations or convictions. Consent for the ECC+USA to conduct a criminal record background check, as well as contacting all references, present and former employers, church related supervisors, and verification of educational credentials. The application fee, paid by the applicant, will cover the cost of the record search and report conducted by an agency specializing in such matters for churches. All records and notes gathered from the candidate’s background review will be maintained in the clergy files of the Presiding Bishop. Minor Orders only (Aspirants to Porter, Lector, Acolyte, Subdeacon only) Completion of six months of active participation in the member ministry. Complete the “Application for Minor Orders” and provide personal, educational, employment, and personal spiritual formation information statements and references, as requested. Disclosure of any criminal accusations or convictions. Consent for the ministry member to conduct a criminal record background check, as well as contacting all references, present and former employers, church related supervisors, and educational credentials. The cost of the record search, paid for by the candidate unless otherwise decided by the member ministry’s Board of Directors, will cover the cost of the record search and report conducted by an agency specializing in such matters for churches. All records and notes gathered from the candidate’s background review will be maintained in the clergy files of the Diocesan Bishop, with a copy sent to the Presiding Bishop. Volunteers who work with children at the member ministry Completion of six months of active participation in the member ministry. Complete the “Application for Child Worker Volunteers” and provide personal, educational, employment information and references, as requested. Disclosure of any criminal accusations or convictions. Consent for the ministry member to conduct a criminal record background check, as well as contacting all references, present and former employers, church related supervisors, and educational credentials. The cost of the record search, paid by the member ministry’s board of Directors, will cover the cost of the record search and report conducted by an agency specializing in such matters for churches. All records and notes gathered from the candidate’s background review will be maintained in the permanent personnel files of the member ministry, with a copy sent to the Diocesan Bishop. Employees and independent contractors who work with children at the member ministry Complete the “Application for Child Worker Volunteers” and provide personal, educational, employment information and references, as requested. Disclosure of any criminal accusations or convictions. Consent for the ministry member to conduct a criminal record background check, as well as contacting all references, present and former employers, church related supervisors, and educational credentials. The cost of the record search, paid for by the employee and/or independent contractor unless otherwise decided by the member ministry’s Board of Directors, will cover the cost of the record search and report conducted by an agency specializing in such matters for churches. All records and notes gathered from the candidate’s background review will be maintained in the permanent personnel files of the member ministry, with a copy sent to the Diocesan Bishop. In the event a person with any credible history of evidence indicating Sexual Misconduct applies for any position in the Church, he or she will not be accepted for any clergy order, nor hired for any position, nor allowed to volunteer for any position of assistance to the member ministry. Adoption of Policies by Congregations/Ministries; Retention of Records The Parish Council/Board of Directors of each member ministry shall, on or before December 1, 2011, adopt this Policy by a formal resolution, and the full text of this Policy shall be recorded in the official minutes of the Parish Council/Board of Directors. On or before April 1 of each year, the Parish Council/Board of Directors of each ministry of this Church shall reaffirm the applicability of this Policy to all clergy, lay employees and volunteers of such ministry and all clergy, all lay employees and all volunteers who regularly supervise youth activities, will receive a copy of this Policy and shall complete and sign a certificate evidencing the receipt of this Policy prior to beginning work with the member ministry. Each member ministry shall retain the foregoing resolutions and receipts among its permanent records. Signed Statements Kept on File Each person in this Church who provides pastoral care or who supervises youth ministries or activities shall sign a statement attesting that he or she has received this Policy and understands its contents. Such statements shall be kept on file as follows: clergy and clergy candidates in the Office of the Presiding Bishop; volunteers in the office of the local ministry and the Diocesan Bishop; employees in the office of the local ministry. Training All current and new clergy, employees, paid church workers and volunteers who supervise youth ministries or activities shall receive training on this Policy. Such training shall include child sexual abuse in church settings, state laws regarding reporting requirements, sexual harassment in employment, mentor and colleague relationships, and sexual exploitation in pastoral relationships. Training should also include, where applicable, how to avoid potential problems, e.g., enforcement of the six month active participation in the member ministry, two volunteers with children – especially when they are going to the toilet, not allowing husband and wife together alone with children, prohibiting dealing with individual children behind closed doors, etc. The member ministry’s Board of Directors shall be responsible for arranging said training. Violations Any violation of this policy will result in appropriate disciplinary action against the offending person, which may include loss of employment as well as, in the case of a cleric, removal of all spiritual endorsements (faculties). Such violation(s) may also be the basis of civil liability and criminal prosecution. Procedures for Responding to Complaints of Sexual Misconduct Upon receipt of a complaint of Sexual Misconduct by a cleric of the Church, the Diocesan Bishop shall immediately place the cleric on leave and remove him/her from active ministry pending the outcome of the Church’s investigation. All complaints alleging Sexual Misconduct by a cleric within this Church shall be referred immediately to the Offices of the Diocesan and Presiding Bishop. Upon receiving a complaint of Sexual Misconduct, the Diocesan Bishop will assure the complainant of the Church's concern regarding the matter and that it will be promptly and thoroughly investigated. The Bishop will encourage the complainant to sign a written statement describing the alleged misconduct in reasonable detail, but the complainant's refusal to do so shall not necessarily cause the Bishop to regard the complaint as withdrawn. If the complaint alleges sexual abuse of a minor or an incompetent adult, the Diocesan and Presiding Bishop will verify the relevant law enforcement, social welfare authorities and the child’s parents are notified. The Diocesan Bishop will thereupon commence an investigation of the complaint and, as soon as may be appropriate, will initiate the procedures for providing pastoral care to all affected parties, as provided in Section IV hereof. Any party or witness to an alleged act of Sexual Misconduct may submit a statement in writing if desired. Neither the Bishop, nor any member of the congregation/ministry staff may pastorally counsel or hear the sacramental confession of any persons involved in a complaint, but they shall arrange for such resources to be available to such persons, as provided in Section IV below. After verifying the alleged violation has been reported to the appropriate civil authorities, the Church corporation will conduct its own investigation. Appropriately trained persons, appointed by the Diocesan Bishop, will conduct the investigation. The investigation would ordinarily include, without limitation, the following at the appropriate time: interviews with the complainant, the alleged victim (if other than the complainant), the alleged offender, and all other witnesses. To the extent consistent with the best interests of the Church corporation and member ministry, during the preliminary phases of the investigation efforts will be made to assure the privacy of all persons involved. The Investigative Team will report regularly to the Diocesan Bishop as to the progress of the investigation. It will focus on discovering the truth of the matter and will conclude its work as swiftly as reasonably possible. It will issue a final report to the Diocesan Bishop, which will include the original written statement of the complainant, all written statements submitted by other persons, a summary of oral statements and other evidence, and the findings and recommendations of the Investigative Team. If the Presiding Bishop and the Council of Bishops conclude from the report of the Investigative Team there is probable cause to believe that the allegations of Sexual Misconduct are true, the Diocesan Bishop will so notify the complainant and alleged offender, as well as all other persons who have a legitimate need to know. The Diocesan Bishop shall then recommend for an evaluation of the alleged offender by professionally qualified and experienced persons, in conformity with the directions and guidelines of the ministry’s Insurance Company, if applicable. The Diocesan Bishop will direct the alleged offender to undergo the evaluation and to authorize that all results and findings thereof be released to the Diocesan and Presiding Bishop and the Council of Bishops. Failure of the alleged offender to comply will be grounds for ecclesiastical discipline. The Diocesan Bishop also will take the following steps: 1. A written report of the Diocesan Bishop's finding will be placed in the case file and, a copy will also be placed in the cleric's diocesan personnel file. 2. The Diocesan Bishop (and any other Diocesan representatives whom the Presiding Bishop desires to attend) will attempt to meet with the alleged victim to discuss appropriate responses. The victim may be accompanied by another person if desired. 3. If the alleged offender is a cleric, the Presiding Bishop and Council of Bishops shall also determine whether disciplinary action under Church Law is appropriate. The Presiding Bishop shall initiate such ecclesiastical action as deemed warranted. The Diocesan Bishop (and any other church corporation representatives whom the Presiding Bishop desires to attend) will arrange to meet with the alleged offender. The alleged offender may be accompanied by another person if desired. The Bishop will discuss with the alleged offender the actions the Council of Bishops intends to take. 5. The Bishop will notify the appropriate persons in leadership positions that a probable cause determination has been made. The member of the congregation/ministry with which the alleged offender is employed or engaged or provides volunteer services shall, after consultation with the Presiding Bishop, immediately take action to assure that no further injury is done. Such action may include suspension with or without pay, termination, or other action as may be appropriate. 6. The Diocesan Bishop may, if appropriate, seek to meet with the alleged offender's spouse and/or family to discuss how the Church may assist them. 7. Unless there are specific factors which make it inappropriate, the Diocesan Bishop normally will commence, consistent with protection of the church interests and the legitimate privacy interests of others, the congregational healing process described in Section V below. If the Bishop is unable to conclude from the report of the Investigative Team whether there is probable cause to believe that the allegations of Sexual Misconduct are true, the Bishop shall cause a further investigation to be carried out. If the Bishop concludes from the report of the Investigative Team there is not probable cause to believe that the allegations of Sexual Misconduct are true, the complaint shall be dismissed and an appropriate record shall be made. Such decision shall be placed in the alleged offender’s personnel file. The Diocesan Bishop will meet with the complainant to discuss the determination and will also meet with the alleged offender to discuss any steps that may be necessary to make known the determination. Reasonable efforts shall be made (if the cleric so requests) so to inform all persons who became aware of the complaint or the investigation. The complainant, the alleged victim (if not the complainant) and the alleged offender each may request, within five days after the Bishop's determination, that the Bishop reconsider the determination. The party requesting reconsideration shall specify with particularity the basis on which the request for reconsideration is requested. Reasonable efforts will be made to assure that all records of investigations and determinations will be held in confidence and supplied only to persons deemed by the Diocesan Bishop (or Presiding Bishop in the case of clerics) to have a legitimate need or reason to know; for example, other bishops requesting a letter of reference, employers, Pastors, Boards of Directors, etc. ..................PASTORAL CARE TO ALL PARTIES INVOLVED IN A COMPLAINT OF SEXUAL MISCONDUCT These Policies generally refer to the person with whom the cleric, lay employee or church volunteer was alleged to have been sexually involved as the victim of the misconduct. While it is true that such a person is a victim and needs pastoral care, there are also other persons who need pastoral care whenever there is an allegation of Sexual Misconduct. Those persons include the alleged offender, families of the persons involved, the clergy who have succeeded an alleged offender‑cleric, and the congregation. The Diocesan Bishop shall be available to facilitate the provision of pastoral, social, and psychological support for victims, alleged offenders, families of persons involved, clergy who have succeeded and alleged offender cleric, and members of the congregation(s) involved. Support will be provided by neutral clergy and professional counselors. CHURCH POLICY FOR RESPONDING IN THE CONGREGATION TO ALLEGATIONS AND INCIDENTS OF SEXUAL MISCONDUCT The response of the congregation to allegations of betrayal and violation of the trust relationship is akin to that in cases of physical or other psychic trauma as if the congregation has experienced the alleged behavior firsthand. The following procedures are intended to facilitate the healing that will be needed in the congregation. The principle guiding these procedures is that the healing of a congregation occurs best when people are informed of the facts of alleged misconduct and are able to move forward as a community from the trauma. The Church is a place for telling the truth because, in our Lord's words, "You will know the truth, and the truth will make you free." (John 8:32). Accordingly, the Church will provide as much information regarding the matter as it can, in keeping with the protection of its own legal interests and the legitimate privacy interests of others. The Diocesan Bishop or the Bishop's representative will meet as soon as may be appropriate with the leaders of the congregation (the "Leaders") to discuss plans for congregational healing. An open congregational meeting will normally be held if the complaint alleged that misconduct occurred in the current congregation or if the misconduct is the subject of rumor or gossip in the congregation. The format of this meeting should follow the outline of a Trauma Debriefing Process, with modifications made as needed to fit the particular circumstances. Normally, the congregational meeting will be held in the church and the Diocesan Bishop, or the Bishop's representative, will be present at the meeting. The Diocesan Bishop, or the Bishop's representative, will also encourage and assist the Leaders in planning regular follow up sessions with the congregation for as long as needed. If an interim cleric is deemed necessary, the Diocesan Bishop, or the Bishop's representative, will assist the Leaders in finding an interim cleric. The Bishop's representative will also offer the interim and the Leaders regular opportunities to debrief, report, and consult about the congregation with the Bishop or with designated representatives. The Diocesan Bishop or the Bishop's representative will assist the Leaders in making available information about local mental health resources (including sliding scale fee agencies) so that members of the congregation know how to obtain counseling services if necessary, and all parties will make every effort to protect legitimate privacy interests. THE REDEMPTIVE ACTIVITY OF HEALING IN THE CONGREGATION Basic Principles 1. It is appropriate for the Diocesan Bishop (or his representative) to be in regular pastoral contact with the victims and to describe to them the process for congregational healing before such a process actually begins. 2. After completion of an investigation, the lay leadership of a congregation should be given the first opportunity to be made aware of the issues which have emerged. The participation of this group is vital in planning the processes for congregational healing. 3. The Diocesan Bishop should consult with the Presiding Bishop for advice with respect to disclosure of information in connection with the healing process. 4. There is a need to balance legitimate privacy interests against the important posture of openness with the congregation. 5. Insofar as possible, the identity of affected parties needs to be kept in confidence. Therefore, any details which may identify such parties must be guarded carefully. 6. Studies and experience indicate that parishioners usually know that "something is going on." In the absence of facts, rumor and speculation increase. 7. The healing and unity of a congregation are fostered if there is an open congregational meeting at which the Bishop and designated representatives present as much information (facts only) as possible to the assembled group. It is important that such a meeting take place as soon as practicable after completion of an investigation. 8. The format of the congregational meeting should follow the outline of a Trauma Debriefing Process, with minor modifications made as needed to fit the particular circumstances. It is important that the congregational meeting be held in the church building. 9. Such a meeting, regardless of the extent of the information given, constitutes a trauma for the congregation. Appropriate, trained persons, under the direction of the Presiding Bishop, shall be part of the Congregational Debriefing Team and shall facilitate the Debriefing Process. 10. Regular follow up sessions with the congregation should be held in the first year (or longer if necessary) after the disclosure of the incident(s). 11. An Interim Pastor shall be made available, if requested and if possible. The Church corporation will do whatever it can to help the Board of Directors find an interim pastor. That person should have regular opportunities to debrief, report and have consultation with the bishop (or the designated staff person) and other counselors. 12. Local mental health resources (including sliding fee scale agencies) should be publicized so that members of the congregation know how to access these services.

For information and/or a pdf email attachment copy of this document along with supporting forms, please contact Father Robert Catlett at: Chancellor@ecc-usa.org.

It is the intent of the Ecumenical Catholic Church+USA, hereinafter referred to as “The Ecumenical Catholic Church+USA”, “ECC+USA”, the “Church”, and/or the “Church Corporation”, its Council of Bishops and all associated member ministries of the ECC+USA to provide a safe and secure environment for all God’s people to work, worship and participate in church sponsored activities. Through the establishment of this “Protecting God’s People” Policy and Procedures document, the goal of the ECC+USA, its Council of Bishops and all member clergy is to protect all persons, adults and children alike, from incidents of misconduct, inappropriate behavior or harassment, while also protecting the Church and member ministries, their staff members and volunteers from false accusations. in regard to protecting God’s people for each member ministry and its personnel and each cler associated with this Church.

There are two general objectives which are sought to be achieved by this policy. The first, legal in nature, is to discover the truth and, in cases of substantiated Sexual Misconduct, to impose appropriate ecclesiastical discipline. The second, pastoral in nature, is to care for those affected by such conduct: the victim(s), the offender(s), their families, and affected clergy and congregations. These two tracks proceed in parallel fashion, but are separate. The Presiding Bishop, in consultation with the Council of Bishops, will provide oversight and guidance of the implementation of this policy.

Policies Concerning Sexual Misconduct, Protection of Children, Extended Counseling Relationships and Spiritual Direction

As stated in Section I, “Purpose”, it is the policy of the ECC+USA and all member ministries that “Sexual Misconduct” as defined herein on the part of any person employed or engaged by, volunteering for or otherwise representing or serving the Church corporation and/or member ministries in any manner, is strictly prohibited. This policy applies to all persons including, without limitation, any ordained person (cleric), aspirant, postulant, candidate or seminarian sponsored by a member ministry of this Church, or by any lay employee or volunteer working in any capacity for any member ministry of this Church, or any other person who provides pastoral care or who supervises youth ministries or activities for any member ministry of this Church.

Sexual Misconduct includes adultery, any sexual activity with a counselee, a person under the age of eighteen or a person lacking in full mental capacity, any sexual activity with a non-consenting person, and any illegal or aberrant sexual activity. It also includes any words or conduct which constitute illegal sexual harassment in the workplace, whether involving employees (paid or volunteers) such as unwelcome sexual advances, improper touching and obscene or sexually provocative or offensive language or gestures.

Without limiting the generality of the foregoing, the following are examples of Sexual and Abusive Misconduct:

Child Abuse: For purposes of this policy, child abuse is any action (or lack of action) which endangers or harms a child’s physical, psychological or emotional health and development. Child abuse occurs in different ways and includes physical abuse (beating, shaking, burns, biting); emotional abuse (constant criticism, belittling and persistent teasing); and neglect (depriving a child of their essential needs, such as adequate food, water, shelter and medical care).

Sexual Abuse: Sexual abuse or sexual molestation of any person, including but not limited to, any sexual involvement or sexual contact with a person who is a minor or who is legally incompetent; physical abuse or sexual violence, criminal or aberrant sexual behavior (such as voyeurism or exhibitionism) or the use or display of pornographic material in the presence of children or in the employment, pastoral or volunteer setting.

Sexual Harassment: Sexual harassment in a situation where there is an employment, mentor or colleague relationship between the persons involved, including but not limited to, sexually-oriented humor or language; questions or comments about sexual behavior or preference unrelated to job performance or employment qualifications; undesired physical contact; inappropriate comments about clothing or physical appearance; or repeated unwelcomed requests for social engagements.

Sexual Exploitation: Sexual exploitation including, but not limited to, the development of or the attempt to develop a sexual or romantic relationship between cleric, employee or volunteer and a person with whom he/she has a Pastoral or Fiduciary Relationship, whether or not there is apparent consent from the individual.

Pastoral Relationship, as used in this policy, refers to a relationship between a cleric, employee or volunteer and any person to whom such cleric, employee or volunteer provides counseling, pastoral care, spiritual direction or guidance, sacramental education, or from whom such cleric, employee or volunteer has received a confession or confidential or privileged information.

This policy sets forth procedures for the investigation of allegations of Child Abuse and Sexual Misconduct, and for discipline. Such procedures include:

Immediate consultation with the appropriate law enforcement authorities for the investigation of and, where warranted, criminal prosecution,

Immediate notification of the Diocesan Bishop, the Presiding Bishop, the Pastor, Parish Council/Board of Directors or other employer, and

Immediate notification and consultation with the ministry’s insurance carrier, if applicable.

No person with a criminal record of child sexual abuse or a paraphiliac diagnosis (e.g. pedophilia, exhibitionism, voyeurism as defined by the American Psychiatric Association), and no person with respect to whom it is reasonably believed that he or she may likely be an abuser of children, shall be permitted to serve this Church in an official capacity (cleric, employee, volunteer).

Paraphilia is a biomedical term used to describe sexual arousal to objects, situations, or individuals that are not part of normative stimulation and that may cause distress or serious problems for the paraphiliac or persons associated with him or her. Paraphilia involves sexual arousal and gratification towards sexual behavior that is atypical and extreme. (http://en.wikipedia.org/wiki/Paraphiliac)

All incidents and allegations of sexual abuse and/or misconduct shall be immediately reported to the appropriate law enforcement authorities for investigation. This shall be done by the local ministry’s Board of Directors, the Pastor, or any person in any way associated with the local ministry who has first hand and credible knowledge of a violation of this policy.

The Diocesan Bishop and the Presiding Bishop shall also receive immediate notification by the local ministry’s Board of Directors and/or the Pastor. The primary person responsible for reporting said violation of policy rests with the person who becomes knowledgeable or suspicious of a violation and that person, even if he/she involves members of the ministry leadership, must ensure proper notification to civil authorities as outlined herein.

Applications and background checks are required of all clerics requesting incardination, all clergy candidates to Major and Minor Orders, all employees and volunteers. The following describes the specific method of background checks for each of these levels of ministry membership.

Incardination Candidates: These are clerics ordained in another Church who seek clerical membership in this Church.

Complete the “Application for Incardination” and provide personal, educational, employment, and personal spiritual formation information statements and references, as requested.

Consent for the ECC+USA to conduct a criminal record background check, as well as contacting all references, present and former employers, church related supervisors, and verification of educational credentials.

The application fee, paid by the applicant, will cover the cost of the record search and report conducted by an agency specializing in such matters for churches. All records and notes gathered from the candidate’s background review will be maintained in the clergy files of the Presiding Bishop.

Complete the “Application for Ordination Candidates” and provide personal, educational, employment, and personal spiritual formation information statements and references, as requested.

Complete the “Application for Minor Orders” and provide personal, educational, employment, and personal spiritual formation information statements and references, as requested.

Consent for the ministry member to conduct a criminal record background check, as well as contacting all references, present and former employers, church related supervisors, and educational credentials.

The cost of the record search, paid for by the candidate unless otherwise decided by the member ministry’s Board of Directors, will cover the cost of the record search and report conducted by an agency specializing in such matters for churches. All records and notes gathered from the candidate’s background review will be maintained in the clergy files of the Diocesan Bishop, with a copy sent to the Presiding Bishop.

Complete the “Application for Child Worker Volunteers” and provide personal, educational, employment information and references, as requested.

The cost of the record search, paid by the member ministry’s board of Directors, will cover the cost of the record search and report conducted by an agency specializing in such matters for churches. All records and notes gathered from the candidate’s background review will be maintained in the permanent personnel files of the member ministry, with a copy sent to the Diocesan Bishop.

Employees and independent contractors who work with children at the member ministry

Complete the “Application for Child Worker Volunteers” and provide personal, educational, employment information and references, as requested.

The cost of the record search, paid for by the employee and/or independent contractor unless otherwise decided by the member ministry’s Board of Directors, will cover the cost of the record search and report conducted by an agency specializing in such matters for churches. All records and notes gathered from the candidate’s background review will be maintained in the permanent personnel files of the member ministry, with a copy sent to the Diocesan Bishop.

In the event a person with any credible history of evidence indicating Sexual Misconduct applies for any position in the Church, he or she will not be accepted for any clergy order, nor hired for any position, nor allowed to volunteer for any position of assistance to the member ministry.

The Parish Council/Board of Directors of each member ministry shall, on or before December 1, 2011, adopt this Policy by a formal resolution, and the full text of this Policy shall be recorded in the official minutes of the Parish Council/Board of Directors. On or before April 1 of each year, the Parish Council/Board of Directors of each ministry of this Church shall reaffirm the applicability of this Policy to all clergy, lay employees and volunteers of such ministry and all clergy, all lay employees and all volunteers who regularly supervise youth activities, will receive a copy of this Policy and shall complete and sign a certificate evidencing the receipt of this Policy prior to beginning work with the member ministry. Each member ministry shall retain the foregoing resolutions and receipts among its permanent records.

Each person in this Church who provides pastoral care or who supervises youth ministries or activities shall sign a statement attesting that he or she has received this Policy and understands its contents. Such statements shall be kept on file as follows: clergy and clergy candidates in the Office of the Presiding Bishop; volunteers in the office of the local ministry and the Diocesan Bishop; employees in the office of the local ministry.

All current and new clergy, employees, paid church workers and volunteers who supervise youth ministries or activities shall receive training on this Policy. Such training shall include child sexual abuse in church settings, state laws regarding reporting requirements, sexual harassment in employment, mentor and colleague relationships, and sexual exploitation in pastoral relationships. Training should also include, where applicable, how to avoid potential problems, e.g., enforcement of the six month active participation in the member ministry, two volunteers with children – especially when they are going to the toilet, not allowing husband and wife together alone with children, prohibiting dealing with individual children behind closed doors, etc.

The member ministry’s Board of Directors shall be responsible for arranging said training.

Any violation of this policy will result in appropriate disciplinary action against the offending person, which may include loss of employment as well as, in the case of a cleric, removal of all spiritual endorsements (faculties). Such violation(s) may also be the basis of civil liability and criminal prosecution.

Upon receipt of a complaint of Sexual Misconduct by a cleric of the Church, the Diocesan Bishop shall immediately place the cleric on leave and remove him/her from active ministry pending the outcome of the Church’s investigation.

All complaints alleging Sexual Misconduct by a cleric within this Church shall be referred immediately to the Offices of the Diocesan and Presiding Bishop.

Upon receiving a complaint of Sexual Misconduct, the Diocesan Bishop will assure the complainant of the Church's concern regarding the matter and that it will be promptly and thoroughly investigated. The Bishop will encourage the complainant to sign a written statement describing the alleged misconduct in reasonable detail, but the complainant's refusal to do so shall not necessarily cause the Bishop to regard the complaint as withdrawn.

If the complaint alleges sexual abuse of a minor or an incompetent adult, the Diocesan and Presiding Bishop will verify the relevant law enforcement, social welfare authorities and the child’s parents are notified.

The Diocesan Bishop will thereupon commence an investigation of the complaint and, as soon as may be appropriate, will initiate the procedures for providing pastoral care to all affected parties, as provided in Section IV hereof.

Any party or witness to an alleged act of Sexual Misconduct may submit a statement in writing if desired.

Neither the Bishop, nor any member of the congregation/ministry staff may pastorally counsel or hear the sacramental confession of any persons involved in a complaint, but they shall arrange for such resources to be available to such persons, as provided in Section IV below.

After verifying the alleged violation has been reported to the appropriate civil authorities, the Church corporation will conduct its own investigation. Appropriately trained persons, appointed by the Diocesan Bishop, will conduct the investigation. The investigation would ordinarily include, without limitation, the following at the appropriate time: interviews with the complainant, the alleged victim (if other than the complainant), the alleged offender, and all other witnesses. To the extent consistent with the best interests of the Church corporation and member ministry, during the preliminary phases of the investigation efforts will be made to assure the privacy of all persons involved. The Investigative Team will report regularly to the Diocesan Bishop as to the progress of the investigation. It will focus on discovering the truth of the matter and will conclude its work as swiftly as reasonably possible. It will issue a final report to the Diocesan Bishop, which will include the original written statement of the complainant, all written statements submitted by other persons, a summary of oral statements and other evidence, and the findings and recommendations of the Investigative Team.

If the Presiding Bishop and the Council of Bishops conclude from the report of the Investigative Team there is probable cause to believe that the allegations of Sexual Misconduct are true, the Diocesan Bishop will so notify the complainant and alleged offender, as well as all other persons who have a legitimate need to know. The Diocesan Bishop shall then recommend for an evaluation of the alleged offender by professionally qualified and experienced persons, in conformity with the directions and guidelines of the ministry’s Insurance Company, if applicable. The Diocesan Bishop will direct the alleged offender to undergo the evaluation and to authorize that all results and findings thereof be released to the Diocesan and Presiding Bishop and the Council of Bishops. Failure of the alleged offender to comply will be grounds for ecclesiastical discipline. The Diocesan Bishop also will take the following steps:

1. A written report of the Diocesan Bishop's finding will be placed in the case file and, a copy will also be placed in the cleric's diocesan personnel file.

2. The Diocesan Bishop (and any other Diocesan representatives whom the Presiding Bishop desires to attend) will attempt to meet with the alleged victim to discuss appropriate responses. The victim may be accompanied by another person if desired.

3. If the alleged offender is a cleric, the Presiding Bishop and Council of Bishops shall also determine whether disciplinary action under Church Law is appropriate. The Presiding Bishop shall initiate such ecclesiastical action as deemed warranted.

The Diocesan Bishop (and any other church corporation representatives whom the Presiding Bishop desires to attend) will arrange to meet with the alleged offender. The alleged offender may be accompanied by another person if desired. The Bishop will discuss with the alleged offender the actions the Council of Bishops intends to take.

5. The Bishop will notify the appropriate persons in leadership positions that a probable cause determination has been made. The member of the congregation/ministry with which the alleged offender is employed or engaged or provides volunteer services shall, after consultation with the Presiding Bishop, immediately take action to assure that no further injury is done. Such action may include suspension with or without pay, termination, or other action as may be appropriate.

6. The Diocesan Bishop may, if appropriate, seek to meet with the alleged offender's spouse and/or family to discuss how the Church may assist them.

7. Unless there are specific factors which make it inappropriate, the Diocesan Bishop normally will commence, consistent with protection of the church interests and the legitimate privacy interests of others, the congregational healing process described in Section V below.

If the Bishop is unable to conclude from the report of the Investigative Team whether there is probable cause to believe that the allegations of Sexual Misconduct are true, the Bishop shall cause a further investigation to be carried out.

If the Bishop concludes from the report of the Investigative Team there is not probable cause to believe that the allegations of Sexual Misconduct are true, the complaint shall be dismissed and an appropriate record shall be made. Such decision shall be placed in the alleged offender’s personnel file. The Diocesan Bishop will meet with the complainant to discuss the determination and will also meet with the alleged offender to discuss any steps that may be necessary to make known the determination. Reasonable efforts shall be made (if the cleric so requests) so to inform all persons who became aware of the complaint or the investigation.

The complainant, the alleged victim (if not the complainant) and the alleged offender each may request, within five days after the Bishop's determination, that the Bishop reconsider the determination. The party requesting reconsideration shall specify with particularity the basis on which the request for reconsideration is requested.

Reasonable efforts will be made to assure that all records of investigations and determinations will be held in confidence and supplied only to persons deemed by the Diocesan Bishop (or Presiding Bishop in the case of clerics) to have a legitimate need or reason to know; for example, other bishops requesting a letter of reference, employers, Pastors, Boards of Directors, etc.

..................PASTORAL CARE TO ALL PARTIES INVOLVED IN A COMPLAINT OF SEXUAL MISCONDUCT

These Policies generally refer to the person with whom the cleric, lay employee or church volunteer was alleged to have been sexually involved as the victim of the misconduct. While it is true that such a person is a victim and needs pastoral care, there are also other persons who need pastoral care whenever there is an allegation of Sexual Misconduct. Those persons include the alleged offender, families of the persons involved, the clergy who have succeeded an alleged offender‑cleric, and the congregation.

The Diocesan Bishop shall be available to facilitate the provision of pastoral, social, and psychological support for victims, alleged offenders, families of persons involved, clergy who have succeeded and alleged offender cleric, and members of the congregation(s) involved. Support will be provided by neutral clergy and professional counselors.

CHURCH POLICY FOR RESPONDING IN THE CONGREGATION TO ALLEGATIONS AND INCIDENTS OF SEXUAL MISCONDUCT

The response of the congregation to allegations of betrayal and violation of the trust relationship is akin to that in cases of physical or other psychic trauma as if the congregation has experienced the alleged behavior firsthand. The following procedures are intended to facilitate the healing that will be needed in the congregation.

The principle guiding these procedures is that the healing of a congregation occurs best when people are informed of the facts of alleged misconduct and are able to move forward as a community from the trauma. The Church is a place for telling the truth because, in our Lord's words, "You will know the truth, and the truth will make you free." (John 8:32). Accordingly, the Church will provide as much information regarding the matter as it can, in keeping with the protection of its own legal interests and the legitimate privacy interests of others.

The Diocesan Bishop or the Bishop's representative will meet as soon as may be appropriate with the leaders of the congregation (the "Leaders") to discuss plans for congregational healing. An open congregational meeting will normally be held if the complaint alleged that misconduct occurred in the current congregation or if the misconduct is the subject of rumor or gossip in the congregation. The format of this meeting should follow the outline of a Trauma Debriefing Process, with modifications made as needed to fit the particular circumstances. Normally, the congregational meeting will be held in the church and the Diocesan Bishop, or the Bishop's representative, will be present at the meeting.

The Diocesan Bishop, or the Bishop's representative, will also encourage and assist the Leaders in planning regular follow up sessions with the congregation for as long as needed. If an interim cleric is deemed necessary, the Diocesan Bishop, or the Bishop's representative, will assist the Leaders in finding an interim cleric. The Bishop's representative will also offer the interim and the Leaders regular opportunities to debrief, report, and consult about the congregation with the Bishop or with designated representatives.

The Diocesan Bishop or the Bishop's representative will assist the Leaders in making available information about local mental health resources (including sliding scale fee agencies) so that members of the congregation know how to obtain counseling services if necessary, and all parties will make every effort to protect legitimate privacy interests.

1. It is appropriate for the Diocesan Bishop (or his representative) to be in regular pastoral contact with the victims and to describe to them the process for congregational healing before such a process actually begins.

2. After completion of an investigation, the lay leadership of a congregation should be given the first opportunity to be made aware of the issues which have emerged. The participation of this group is vital in planning the processes for congregational healing.

3. The Diocesan Bishop should consult with the Presiding Bishop for advice with respect to disclosure of information in connection with the healing process.

4. There is a need to balance legitimate privacy interests against the important posture of openness with the congregation.

5. Insofar as possible, the identity of affected parties needs to be kept in confidence. Therefore, any details which may identify such parties must be guarded carefully.

6. Studies and experience indicate that parishioners usually know that "something is going on." In the absence of facts, rumor and speculation increase.

7. The healing and unity of a congregation are fostered if there is an open congregational meeting at which the Bishop and designated representatives present as much information (facts only) as possible to the assembled group. It is important that such a meeting take place as soon as practicable after completion of an investigation.

8. The format of the congregational meeting should follow the outline of a Trauma Debriefing Process, with minor modifications made as needed to fit the particular circumstances. It is important that the congregational meeting be held in the church building.

9. Such a meeting, regardless of the extent of the information given, constitutes a trauma for the congregation. Appropriate, trained persons, under the direction of the Presiding Bishop, shall be part of the Congregational Debriefing Team and shall facilitate the Debriefing Process.

10. Regular follow up sessions with the congregation should be held in the first year (or longer if necessary) after the disclosure of the incident(s).

11. An Interim Pastor shall be made available, if requested and if possible. The Church corporation will do whatever it can to help the Board of Directors find an interim pastor. That person should have regular opportunities to debrief, report and have consultation with the bishop (or the designated staff person) and other counselors.

12. Local mental health resources (including sliding fee scale agencies) should be publicized so that members of the congregation know how to access these services.