DIOCESE
OF BRIDGEPORT
POLICY RELATING TO SEXUAL MISCONDUCT
The
Sexual Misconduct Policy of the Diocese of Bridgeport was published
in January 1991 and was distributed to Diocesan employees as well
as priests and deacons. All employees and clergy are required
to read and sign the policy, which concurs with all state and
federal laws and is designed to prevent sexual harassment and
abuse. The Diocesan Sexual Misconduct Policy was revised in March
2001 and implemented with renewed emphasis by Bishop William E.
Lori after his Installation as the Fourth Bishop of Bridgeport
on March 19, 2001.
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1.0 POLICY. It is the position of the Diocese of Bridgeport
(hereinafter "Diocese") that sexual misconduct by personnel of
the Diocese is contrary to Christian principles and is in violation
of the conditions of employment of all personnel of the Diocese.
All personnel of the Diocese must comply with applicable laws
regarding incidents of actual or suspected sexual misconduct,
and with the requirements stated in this policy with respect to
incidents of sexual misconduct which occur while the work of the
Diocese is being performed.
The
Diocese recognizes that sexual misconduct may involve acts among
co-workers. The Diocese concurs with the purpose and intent of
provisions of the Connecticut Human Rights and Opportunities Act
which prohibit sexual harassment in the workplace. Therefore,
the Diocese, through responsible management, will endeavor to
prevent sexual harassment from occurring in our workplace. Submission
to unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature is not a condition
of employment or involvement with the work of the Diocese. Neither
submission to nor rejection of such conduct will be used as a
basis for any type of employment decisions. Such conduct can unreasonably
interfere with work performance and create an intimidating, hostile
and offensive working environment. It will not be tolerated.
This
policy is intended to establish guidelines in an effort to prevent
sexual misconduct by personnel of the Diocese and the resulting
harm to others, while the work of the Diocese is being performed,
and to provide guidance to the personnel of the Diocese on how
to respond to allegations of sexual misconduct if any do occur.
It will be reviewed annually by Diocesan legal counsel and competent
Diocesan authorities.
Diocesan
personnel should be aware that, although this policy specifically
addresses sexual misconduct which occurs while the work of the
Diocese is being performed, sexual misconduct by any personnel
of the Diocese, whether in the course of employment or not, will
be considered grounds for suspension or termination of employment
or involvement with the work of the Diocese.
This
policy does not and is not intended to create any contractual
obligation, expressed or implied, on the part of the Diocese.
2.0 DEFINITIONS. For the purposes of this policy only:
2.1
"Sexual Misconduct" means any actions or words of a sexual nature
which are contrary to the moral doctrine, teachings and canon
law of the Catholic Church and;
a.
Are proscribed by Federal, State or local law.
or
b. Cause harm to another.
2.2
"Diocese" encompasses the Roman Catholic Diocese of Bridgeport
in accord with canon 369 of the Code of Canon Law; all parishes
and other inferior canonical juridical persons whose competent
ecclesiastical superior is the Bishop of Bridgeport or Administrator
of the Diocese of Bridgeport; The Bridgeport Roman Catholic
Diocesan Corporation as chartered by the State of Connecticut;
all other corporations (including parish corporations) having
the Bishop of Bridgeport or Administrator of the Diocese of
Bridgeport as their presiding officer; and all institutions,
agencies and organizations sponsored by these canonical or civil
entities.
2.3
"Personnel" includes all persons (clergy, religious and laity)
who are employed by, are under personal contract with or volunteer
in any of the entities encompassed by the Diocese. Of special
concern are those in supervisory capacities or in particularly
sensitive areas, such as: those who work with or around children,
the very elderly and the physically or mentally infirm, those
who counsel others, and generally those who work with people
who are less capable of protecting themselves.
2.4
"Reasonable cause" means a prudent estimation based on trustworthy
information that an incident occurred or has been perceived
as having occurred.
3.0 DISTRIBUTION OF POLICY. A copy of this Policy shall
be distributed to all personnel of the Diocese.
3.1
This Policy shall be incorporated into all diocesan personnel
guidelines and printed in the Pastoral Book.
3.2
This Policy shall be communicated to the competent ecclesiastical
superiors of all members of religious institutes and societies
of apostolic life who serve as personnel of the Diocese.
3.3
This Policy shall be an item for inclusion in the negotiations
of all collectively bargained contracts of employment with the
Diocese, now and in the future.
3.4
Acknowledgment of receipt and understanding shall be included
in all personal contracts of employment with the Diocese.
3.5
A signed acknowledgment of receipt and understanding shall be
required of all non-contractual employees and all volunteers
included in as "Of special concern" in section 2.3 above. The
signed acknowledgments of receipt and understanding of these
guidelines will be returned by the above personnel to the superior
or supervisor and filed in the appropriate personnel file. A
copy of the required acknowledgment is attached to this policy
as Appendix A.
4.0
EDUCATION. Education alone cannot shape mature attitudes
and behavior, nor will it change inappropriate sexual behavior.
Each adult must be responsible for his or her sexual growth and
maturity. To support this responsibility, the Diocese, from time
to time, may be able to arrange programs which include information
or training applicable to these areas. The following personnel
of the Diocese, and such other personnel of the Diocese who may
be required from time to time, must attend designated educational
programs on methods of recognizing and preventing sexual misconduct
involving children or others: all personnel included in the group
"of special concern" in 2.3 of this policy.
Other
personnel of the Diocese are encouraged to attend such educational
programs when available.
5.0 BACKGROUND AND REFERENCE CHECKS. Beginning September
1, 1990, the following prospective and current personnel of the
Diocese shall complete an informational questionnaire to be provided:
those in supervisory capacities or in particularly sensitive areas,
such as: those who work with or around children, the very elderly
and the physically or mentally infirm, those who counsel others,
and generally those who work with people who are less capable
of protecting themselves.
Completed
questionnaires shall be reviewed and, as appropriate, investigated
by the appropriate department or agency supervisor, and shall
be kept in the appropriate Diocesan personnel file with access
limited to the person (s) in charge of employment. As part of
this process, personnel in affected positions will be asked to
complete an authorization form so that the Diocese may obtain
access to personnel files maintained by prior employers and access
to medical records or information related to medical treatment,
physical or psychological, of personnel for reasons involving
physical or sexual abuse by personnel.
6.0
SUMMARY OF CIVIL STATUTES AND CANON LAW. The law changes
from time to time by enactment of amendments to statutes and judicial
interpretations. Because of this, it is incumbent upon all personnel
to familiarize themselves with such changes that may occur. It
is not possible to set out the text of all applicable laws in
this document, but assistance will be given to all personnel having
questions or seeking knowledge concerning the law. The following
is a summary of applicable laws relating to incidents of sexual
misconduct.
6.1 Criminal Laws
The Connecticut Penal Code, Part VI (Sexual Offenses), Conn.
Gen. Stat. §§ 53a-65 through 81, prescribes varying degrees
of criminal sanctions for non-consensual sexual activity between
parties not married to each other, and, even where there may
be actual consent, situations in which one party may be under
the control of the other because of factors of youth, age disparity,
mental, emotional or physical limitations or other factors.
Acts prohibited include "any contact with the intimate parts
of a person not married to the actor for the purpose of sexual
gratification of the actor or for the purpose of degrading or
humiliating such person or any contact of the intimate parts
of the actor with a person not married to the actor for the
purpose of sexual gratification of the actor or for the purpose
of degrading or humiliating such person."
Connecticut
law also prescribes criminal penalties and fines for "any person
who, having the control and custody of any child under the age
of sixteen years, in any capacity whatsoever, maltreats, tortures,
overworks, cruelly or unlawfully punishes ...such child …,"
Conn. Gen. Stat. §53-20, or "[a] ny person who willfully or
unlawfully causes or permits any child under the age of sixteen
years to be placed in such a situation that the life or limb
of such child is endangered, the health of such child is likely
to be injured, or the morals of such child are likely to be
impaired, or does any act likely to impair the health or morals
of any such child …," Conn. Gen. Stat. §53-21.
Connecticut
law further provides that:
"A person, acting with the mental state required for commission
of an offense, who solicits, requests, commands, importunes
or intentionally aids another person to engage in conduct which
constitutes an offense shall be criminally liable for such conduct
and may be prosecuted and punished as if he were the principal
offender." Conn. Gen. Stat. §53a-8
6.2 Civil Law. Any violation of the criminal law which
causes injury to another can also form the basis for a civil
suit for monetary damages. Even in cases where there may be
no criminal violation involved, physical or sexual behavior
of any kind against another may entitle the victim to a civil
recovery.
6.2.-1 Sexual Harassment The Connecticut Human Rights
and Opportunities Act, Conn Gen. Stat. § 46a-60(8), defines
sexual harassment as:
Any unwelcome sexual advances or requests for sexual favors
or any conduct of a sexual nature when (A) submission to such
conduct is made either explicitly or implicitly a term or
condition of an individual's employment, (B) submission to
or rejection of such conduct by an individual is used as the
basis for employment decisions affecting such individual,
or (C) such conduct has the purpose or effect of substantially
interfering with an individual's work performance or creating
an intimidating, hostile or offensive working environment.
Title
VII of the Civil Rights Act, 42 U.S.C. §§ 2000 et. seq. ,
similarly prohibits harassment of a sexual nature in the workplace.
Personnel
of the Diocese are specifically cautioned that inappropriate
conduct which the actor or others may view as merely humorous
may be sexually offensive to others and constitutes a violation
of these discrimination laws.
6.3
Reporting Incidents of Child Abuse or Maltreatment
6.3-1 Occupations Required to Report
Connecticut law requires that persons engaged in certain occupations
report incidents of suspected child abuse, including sexual
abuse, to state or local authorities. Conn. Gen. Stat. §17a-101.
Occupations subject to these requirements include registered
physicians and surgeons, residents or interns in hospitals
within the state, registered nurses, licensed or practical
nurses, psychologists, school teachers, school principals,
school guidance counselors, school paraprofessionals, social
workers, clergy members, mental health professionals, physician
assistants, certified substance abuse counselors, certified
family therapists and paid day care workers.
6.3.-2
Substance of Report The reporting requirements under
Connecticut law are as follows: Where there is reasonable
cause to suspect or believe that any child under the age of
eighteen has been abused, or has had nonaccidental physical
injury, or injury which is at variance with the history given
of such injury, inflicted by a person responsible for such
child's health, welfare or care or by a person given access
to such child by that responsible person, or is placed at
imminent risk of serious harm by an act or failure to act
on the part of such responsible person, or has been neglected,
an oral report must be made immediately to either the State
Commissioner of Children and Families or his representative,
or to a law enforcement agency. The oral report must be followed
within seventy-two hours with a written report. The written
report must contain the names and addresses of the child and
his parents or other person responsible for the child's care,
if known; the age of the child; the gender of the child; the
nature and extent of the child's injury or injuries, maltreatment
or neglect; the approximate date and time the injury or injuries,
maltreatment or neglect occurred; information concerning any
previous injury or injuries to, maltreatment or neglect of
the child or his/her siblings; the circumstances in which
the injury or injuries, maltreatment or neglect came to be
known to the reporter; the name of the person or persons suspected
to be responsible for causing such injury or injuries, maltreatment
or neglect; and whatever action, if any, was taken to treat,
provide shelter or otherwise assist the child.
6.3-3
Report Where School Employee Believed to Be Responsible
for Injuries
When a school employee is suspected of causing the injury
or abuse, the report must first be made to the supervisory
agent of the school in which the school employee is employed.
That supervisory agent shall immediately notify the child's
parent or guardian of the report and then make the required
oral and written reports to the state or local authorities.
The supervisory agent shall also then immediately notify the
Diocesan Office for Education. The report shall include the
information listed above as well as the name of the school
employee suspected or believed to be responsible for the injuries
or maltreatment.
6.3-4
Report of Danger of Abuse
If any mandated reporter acting outside his/her professional
capacity or any other person has reasonable cause to suspect
or believe that a child under eighteen years of age is in
danger of being abused or has been abused or neglected, that
person may cause a written or oral report to be made to the
State Commissioner of Children and Families or his representative
or a law enforcement agency. Conn. Gen. Stat. §17a-103.
Failure
to comply with these reporting requirements can result in
the assessment of substantial fines against persons with relevant
knowledge.
6.4
The Code of Canon Law.
Canon 1386 - One who gives or promises something so that someone
who exercises a function in the Church would illegitimately
do or omit something is to be punished with a just penalty;
likewise, the person who accepts such gifts or promises.
Canon
1387 - Whether is the act or on the occasion or under the pretext
of confession, a priest who solicits a penitent to sin against
the sixth commandment of the Decalogue is to be punished with
suspension, prohibitions and deprivations in accord with the
seriousness of the offense; and in more serious cases, he is
to be dismissed from the clerical state.
Canon
1389 -
§1.
One who abuses ecclesiastical power or function is to be punished
in accord with the seriousness of the act or omission not
excluding deprivation from office unless a penalty for such
abuse has already been established by a law or a precept.
§2.
One who through culpable negligence illegitimately places
or omits an act of ecclesiastical power, ministry or function
which damages another person is to be punished with a just
penalty.
Canon
1395 -
§1.
Outside the case mentioned in can. 1394, a cleric who lives
in concubinage or a cleric who remains in another external
sin against the sixth commandment of the Decalogue which produces
scandal is to be punished with a suspension; and if such a
cleric persists in such an offense after having been admonished,
other penalties can be added including dismissal from the
clerical state.
§2.
If a cleric has otherwise committed an offense against the
sixth commandment of the Decalogue with force or threats or
publicly or with a minor below the age of sixteen, the cleric
is to be punished with just penalties, including dismissal
from the clerical state if the case warrants it.
7.0
OBLIGATION TO REPORT. Any personnel of the Diocese who have
actual knowledge of or who have reasonable cause to suspect sexual
misconduct by any other personnel of the Diocese shall comply
with the requirements of law as set forth above (unless to do
so would violate the priest/penitent relationship of the Sacrament
of Reconciliation), and shall report to the Diocese as follows:
7.1
A verbal report of the incident shall be made immediately to
one's superior or supervisor who will in turn make an immediate
verbal report to the Moderator of the Curia or the General Counsel
of the Diocese. The superior or supervisor will obtain a report
form from either of the aforementioned diocesan officers and
give it to the person reporting the incident. The person making
the report will fill out the form and return it to the Moderator
of the Curia or the General Counsel of the Diocese. Either of
these officers then assumes responsibility for the investigation
of the report which may necessitate further contact with the
person reporting the incident. Personnel not wishing to report
an incident to the superior or supervisor may make the report
directly to the Moderator of the Curia or the General Counsel
of the Diocese.
7.2
The Moderator of the Curia or the General Counsel of the Diocese
shall immediately notify the Bishop of Bridgeport and the appropriate
liability insurance carrier of the report.
7.3
Any personnel who believe that they have been subjected to sexual
harassment by any other personnel of the Diocese are encouraged
to report it immediately to the Moderator of the Curia or the
General Counsel of the Diocese. The complaint will be handled
in confidence and no other personnel, including supervisory
personnel, need be advised of this action. If a complainant
does not wish to discuss the details of the complaint with either
of the above, the complainant may request that a meeting be
arranged with another member of Administration.
8.0 INVESTIGATION OF INCIDENT REPORTS. Each reported incident
will be promptly investigated, with care taken not to interfere
with any confidential investigation, and with a high level of
Christian care, concern and confidentiality for the alleged victim,
the family of the alleged victim, the person reporting the incident,
and the alleged perpetrator.
8.1
Legal advice, both civil and canonical, shall be obtained by
the Diocese as soon as possible; and the alleged perpetrator
shall be assisted in obtaining similar advice.
8.2
The Bishop of Bridgeport and his advisors will review the written
report to determine the validity of any claim. If the alleged
claim appears substantiated, after consultation with competent
diocesan officials, the alleged perpetrator may be relieved
from the exercise of any function or responsibility or ministry
and/or employment in the Diocese and placed on administrative
leave pending the outcome of the internal and any outside investigation,
such leave to be with or without pay and/or benefits as competent
diocesan authorities may decide.
8.3
If the alleged perpetrator is a clergyman incardinated in the
Diocese of Bridgeport, the report and investigation will be
referred to the local Ordinary in accordance with Canon Law
and subject to the provisions of canon 1722.
8.3-1
If he is a clergyman incardinated in another diocese the local
Ordinary shall immediately refer the matter to his proper
Ordinary for discussion or further action.
8.3-2
If the alleged perpetrator is a member of a religious institute
or a society of apostolic life the Episcopal Vicar for Clergy
and Religious of the Diocese of Bridgeport shall immediately
contact the competent ecclesiastical superior of such member
for consultation on the proper procedure to be followed.
8.4 Appropriate records will be kept by the Bishop of Bridgeport
of each incident reported, the investigation and the results
thereof. Such records shall be marked confidential and be kept
in a secure place, with access thereto limited to only the following:
the Bishop of Bridgeport and other diocesan officials, to be
designated by him, on a strictly need-to-know basis.
8.5 Notification of the report shall be given to insurers in
accordance with the terms of applicable insurance policies.
8.6
When accusations are made of sexual misconduct involving personnel
of the Diocese, contact by a representative of the Bishop of
Bridgeport with the alleged victim and family should be promptly
initiated except when legal counsel advises otherwise. Contact
should be made by appropriate counselors chosen by the Bishop
for the purpose of offering whatever concern or solace may be
needed, with no comment as to the truth of any accusation. Medical,
psychological and spiritual assistance and, in appropriate instances,
economic assistance may be offered in the spirit of Christian
justice and charity, but legal advice must first be obtained.
8.7 Any media contact or inquiries regarding an incident of
sexual misconduct by personnel of the Diocese must be directed
to the Diocesan Director of Communications.
9.0 ACTION WHEN GUILT IS DETERMINED. Any personnel of the
Diocese who admit to, do not contest, or are found guilty of an
incident of sexual misconduct may be relieved immediately from
the exercise of any function or responsibility of ministry and/or
employment in the Diocese of Bridgeport.
9.1
If the party is a lay person, determination of guilt may be
cause for loss of employment and/or other disciplinary action
and any appropriate canonical prohibitions or deprivations in
accord with the norm of canons 1336-1338. Subject to the conditions
of any applicable contracts or terms of employment and at the
discretion of the authorities of the Diocese of Bridgeport,
such person may be assisted with any required rehabilitative
or convalescent care. In all cases the principles of Christian
charity and canonical equity, especially the norms of canons
231 §2, are to be observed.
9.2
If the party is a member of a religious institute or society
of apostolic life or a cleric not incardinated in the Diocese
of Bridgeport, determination of guilt may be cause for any appropriate
prohibitions and deprivations in accord with the norm of canons
1336-1338. If a priest, he is to be deprived of the faculties
listed in canons 764 and 967 §2. Further, penalties and penances
may be imposed or recommended after consultation with the party's
proper ecclesiastical superior.
9.3 If the party is a cleric incardinated in the Diocese of
Bridgeport he shall be subject to suspension in accord with
the norm of canon 1333. Further penalties and actions as found
in canons 1336-1338 and 1740-1747 may also follow pending the
outcome of any civil/criminal actions in the State or Federal
courts or the appropriate ecclesiastical Tribunal. At the discretion
of the Bishop, an extended supervised aftercare program may
be implemented as outlined in section 9.3-2.
9.3-1
A member of the diocesan clergy shall receive diagnostic evaluation
and treatment at the expense of the Diocese.
9.3-2
After a priest has cooperatively completed initial psychiatric
evaluation and treatment, if the treatment resource offers
a prognosis open to the possibility of the priest's eventual
return to active ministry and the Bishop in his discretion
is willing to consider a return to active ministry, the priest
will enter an extended supervised aftercare program, designed
by the Diocese in collaboration with the treatment resource,
which program will include:
9.3.2.1
ongoing psychotherapy as recommended by the treatment resource
with regular progress reports from therapist to the Diocese
in the person of the Episcopal Vicar for Clergy and Religious;
9.3.2.2 regular accountability meetings with the Episcopal
Vicar for Clergy and Religious;
9.3.2.3
if recommended by the treatment resource, establishment
of a supervised transitional living arrangement and a vocational
rehabilitation program during which the priest will not
have a pastoral assignment;
9.3.2.4
careful monitoring of the aftercare program by the psychotherapist
and the Episcopal Vicar for Clergy and Religious;
9.3.2.5 a contract, between the priest and the Diocese,
specifying all the components of the aftercare program;
failure to successfully cooperate with this contract will
result in the priest's removal from the active ministry.
9.3.-3 Following diagnostic evaluation, treatment and successful
aftercare, the assignment of the individual priest will be
made subject to the judgment of the Bishop and such limitations
as he may impose. He will be expected to continue individual
and/or group psychotherapy and any other professionally recommended
therapy, if necessary. He will also be expected to report
to the Episcopal Vicar for Clergy and Religious on a regular
basis.
10.0 INCIDENTS INVOLVING SEXUAL HARASSMENT. Incidents involving
sexual harassment among co-personnel will be addressed on a case-by-case
basis in accordance with the Diocesan Personnel Policy. Factors
to be considered in determining appropriate action, which may
include termination, are:
1.
the nature and degree of the conduct;
2.
whether lack of consent to physical contact was involved;
3.
whether any previous complaints of sexual harassment had been
made against the person;
4.
whether the person had been warned about inappropriate conduct
prior to the incident;
5.
the type of harassment involved, i.e., hostile environment versus
a demand for sexual involvement in exchange for employment-related
benefits;
6. where hostile environment harassment is involved, the view
of the victim as to the proper penalty and an objective consideration
of the conduct involved and the appropriate penalty.
11.0 FALSE ACCUSATION AND UNSUBSTANTIATED CLAIMS. There
is always the possibility of false accusations or unsubstantiated
claims made for whatever reason.
11.1
Civil statutes provide penalties for the crime of falsehood
in which individuals become victims of false denunciations and
calumny and courts often impose financial reparations in such
cases.
11.2
In accord with the principle stated in canon 220 of the Code
of Canon Law, canons 1390-1391 make provisions for canonical
sanctions in various cases of falsehood and calumny.
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