Contact:
Amy Hereford, CSJ, MS, JD
CSJ Ministries
6400 Minnesota Ave.
St. Louis, MO 63111-2807
Phone: 314-266-1814
Contact on Skype
Copyright 2009
Member
Sexual Abuse of Minors Policy
Evaluation Instrument
The following is provided as an instrument to evaluate a religious institute's sexual abuse of minors policy. The outline presents elements that should be present in such a policy. An institute's present policy should be read carefully in the light of current events. This instrument can then be used to focus attention on those areas where the policy may be lacking or may need revision. It can also be used in drafting an original policy.
1) General matters
a) A statement about the institute's mission, and a statement that sexual abuse of minors is not in keeping with the Gospel, is not within the scope of religious life or ministry, and is not permitted or condoned in any manner by the institute
b) The scope of the policy
i) To whom the policy applies (e.g. novices and professed members)
ii) Limited to sexual abuse of minors (and vulnerable adults)
ii) Separate ministries have their own policies - which may nevertheless interface with the institute policy
c) Definitions of key terms actually used in the policy
Note: Definitions that are legal should use a legal definition and refer to the statutory definition e.g. Sexual abuse is sexual contact with a minor or vulnerable adult. It has the meaning ascribed to it in [state statute]
e.g. Vulnerable adult is (used state statutory definition)
2) The Response Team (Note that this is different from the Review Board)
a) The membership
b) Duties (mainly advisory and support for leadership)
3) Investigation
a) A statement that accusations will be taken seriously and that pastoral concern for the victim and for the accused, as well as for the good of the institute and the wider community is primary
b) Procedure for investigation.
i) Who will conduct the investigation (should usually be done by only one or two persons and not by the entire Response Team or the Review Board)
ii) The victim's own journey will be respected (e.g. a written statement accounting the accusation should be asked from the victim only when the victim is ready)
4) Response to the victim and the accused during the investigation process
a) Holistic approach to the trauma of each person, considering pastoral, psychological and personal needs
b) Pastoral assistance may be given to the victim during the investigation regardless of the truth of the accusation
c) Pastoral assistance to the victim may include giving the victim the name of a support person who can journey with him/her
d) Personal support person for member and possible interim suspension or restrictions on ministry
e) How the confidentiality, privacy, and canon and civil law rights of the victim and the accused will be respected during the investigation
5) The determination of the credibility and substantiality of the allegation
a) The Review Board or outside advisors give advise on credibility and substantiality if accused does not admit the accusation or disputes the facts
b) To whom the findings will be given
c) The response to the victim
d) The response to the accused
e) If the accusation is not credible how to restore the good name of the accused (issue a canonical decree of non-credibility)
6) The record keeping policy of the accusation, facts and findings
7) Collaboration
a) With diocesan policies
b) With employment policies if the sexual abuse involves a member's work outside the institute
c) With civil officials according to the requirements of law
d) With professional consultants, including attorneys, and providing a separate attorney for a member if required
e) With insurance providers and finance officers
8) Communication
a) One spokesperson for the community.
b) Guidelines for communication with
i) church officials
ii) civil officials
iii) community members
iv) the secular media
9) If there is a Review Board or outside advisors a short description of duties.
a) The Board is advisory to the leadership and maintains confidentiality. Note: the Review Board is different from the Response Team
b) Recommendations by the Board on the credibility and substantiality of the accusation if the accused does not admit it
c) Recommendation by Board on the safety plan of an offender
d) Monitor the implementation of the policy
10) Prevention
a) Statement about education of members regarding various types of sexual abuse, recognizing a problem and effective intervention
b) Statement about education of members regarding sexual abuse, the signs of abuse, the warning signs to look for in themselves and abuse prevention
General Guiding Principles
1. Limit the policy to cover only cases of sexual abuse of minors. At the end of the policy a statement such as the following may be included: "This policy may be applied as appropriate in cases of sexual exploitation of an adult."
2. In organization and sentence order always put "victim" before "accused."
3. Make the policy short enough so that it can be placed on the community website and distributed to anyone who requests it. A more detailed procedure guide can be made for leadership.
4. Be consistent in the use of language.
5. Generally use words such as "may" or "as appropriate" rather than absolute words such as "shall" or "must."
Bishop's Policy:
Charter for the Protection of Children and Young People Revised Edition
