From the Bishop:

In the spirit of the Charter for the Protection of Children and Young People, I have directed that our diocesan policies for sexual misconduct be reviewed and where necessary, be revised to better reflect our unwavering commitment to prevent sexual abuse and protect all people from any form of sexual misconduct taking place within our diocese. Sexual misconduct is behavior that degrades or diminishes the value of each human person, and thus is behavior inappropriate to those ministering or working in our church.

These updated policies are a continuation of policies that have been in effect in the Diocese of Boise since 1998. They reflect greater vigilance in the protection of children, including establishment of a safe environment program, which encompasses standards of behavior for all church personnel, screening practices, and training and education for all, including parents and children.

The Diocese of Boise's revised policies for sexual misconduct follow the four major headings outlined in the Charter and are organized as follows: (1) Protecting the Faithful in the Future; (2) Promoting Healing and Reconciliation; (3) Guaranteeing a Fair and Effective Response to Allegations of Sexual Misconduct; and (4) Ensuring Accountability of Our Procedures.

The diocese views the protection of children to be a primary concern. No child in our schools, our religious education programs or any program affiliated with the Church should be exposed to danger in any form. Children need and deserve a safe and caring environment, which will enable them to grow towards their full human potential and experience the love of Christ in the person of those who minister to them and teach them about the love of God.

The vast majority of church workers (priests, deacons, seminarians, women and men religious, lay employees and volunteers) are ethical, competent, and mature. We are called to support and trust them. In the cases where church workers have been less than professional, the Church must demonstrate accountability for the harm caused. It is my hope that these diocesan policies will help prevent any form of sexual abuse or misconduct from taking place within our diocese.

Promulgated this 26^th Day of August, 2003, the 110th anniversary of the establishment of the Diocese of Boise.

Most Reverend Michael P. Driscoll, MSW, D.D.

Roman Catholic Bishop of Idaho

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PREAMBLE

These policies are intended to provide all who are associated with the Catholic Church in Idaho with established guidelines for the behavior and conduct of church personnel. This policy replaces "Understanding Sexual Issues in Ministry" which was promulgated in 1998. These policies are in full compliance with both the letter and the spirit of the Charter for the Protection of Children and Young People, (see definitions) June 2002, and the accompanying Essential Norms. These policies apply to many forms of sexual misconduct, but embrace the fullness of the Charter, and its important goal of the protection of children and young people in our church. These policies follow the four themes of the Charter:

SECTION 1:   To Protect the Faithful in the Future

SECTION 2:   To Promote Healing and Reconciliation with Those Victimized by Sexual Misconduct

SECTION 3:   To Guarantee A Fair and Effective Response to Allegations of Sexual Misconduct

SECTION 4:   To Ensure Accountability of Our Procedures

 

GENERAL POLICY STATEMENT

Sexual misconduct including sexual abuse, sexual exploitation, violation of sexual ethics, and sexual harassment are longstanding problems of society which are now better recognized and understood, discussed more openly, and dealt with more effectively. This serious problem cannot be ignored without compromising the integrity of the church's mission and causing grave damage to the whole Body of Christ. When any of these forms of sexual misconduct occur, the church must address the issue promptly.

There is an urgent need to acknowledge and address openly the possibility of sexual misconduct within personal and professional relationships of church personnel. By recognizing that all people are susceptible to offend, we can act to prevent sexual misconduct and respond effectively to allegations of such misconduct in an atmosphere of listening, understanding, Christian love, mutual respect, and social justice.

The Diocese of Boise is determined to provide a safe environment for the children and young people involved in its ministries, and to assist Diocesan personnel in recognizing, reporting and attending to the needs of abused children and their families.

This policy applies to, and governs the behavior of all church personnel as defined in Section 1.0 below.

1.0--Definitions

Some words used throughout these policies have meanings that are important to the context and interpretation of the policy, and thus are defined below.

1.1      Sexual Misconduct

Sexual misconduct, as used in these policies, includes four different types of behaviors. This definition is intended to provide a broad outline of the types of behaviors that are prohibited by this policy. The Bishop reserves the right to determine whether any particular type of conduct falls within the definition. To provide awareness of actions covered by the policy, representative examples of the types of behavior are included within the definitions.

1.1.1   Types of Sexual Misconduct. The types of sexual misconduct that are prohibited by this policy include:

1.      sexual abuse of minors;

2.      sexual exploitation;

3.      violation of sexual ethics; and

4.      sexual harassment.

1.1.2   Sexual Abuse. Sexual abuse is sexual contact between church personnel and a minor. Sexual abuse can include physical contact, exposure of private anatomy, sharing sexually explicit materials, or language with the intent to subjugate the minor for the gratification of the adult.

Examples of actions that are consistent with sexual abuse of minors include, but are not limited to:

§         Exhibiting or providing sexually suggestive objects or pornography (outside of formal sex education or human sexuality discussions consistent with church teachings)

§         Sexual intercourse, anal or oral sex, causing the child or youth to touch any private areas of the adult's body, or intentional touching by the adult of any private areas of the body of a child or youth, particularly where the touching results in sexual gratification or arousal for the adult

§         Making sexual propositions

In addition, actions that may be interpreted as sexually stimulating or provocative, and which could progress to sexual abuse, must be avoided. Such actions may be considered by the Bishop as sexual abuse depending upon the severity and/or frequency. Examples include but are not limited to:

§         Inappropriate gifts (such as intimate apparel)

§         Prolonged hugging

§         Sexual touch (e.g., kissing, caressing, wrestling, pinching, slapping or other sexual physical contact that causes uneasiness or discomfort in the one touched)

§         Verbal behavior such as sexual innuendo or sexual talk, sexual jokes, suggestive comments, tales of sexual exploits, experiences or conflicts

The Diocese of Boise has also incorporated the definition of sexual abuse noted in the footnote to Section 2 of the Charter, and that contained in the preamble of the Essential Norms. (1)

1.1.3   Sexual Exploitation. Sexual exploitation is inappropriate sexual contact between church personnel and a person who is receiving pastoral care, generally an adult. Sexual exploitation can include any of the physical or verbal behaviors listed above in the definition of sexual abuse.

1.1.4   Violation of Sexual Ethics. A violation of sexual ethics occurs when church personnel fail to maintain appropriate boundaries or exhibit exemplary ethical behavior related to sexual issues. Examples of potential violations of sexual ethics include, but are not limited to:

§         Church personnel who are called to a celibate lifestyle violating their vow of celibate chastity

§         Behavior creating a perception of a violation of boundaries of celibate chastity for those called to a celibate lifestyle

§         Sexual conduct, behavior, or intimate relationships that are contrary to living a life of chastity

§         Church personnel accessing websites containing pornography or other inappropriate sexual content, or communicating with others over the Internet in a way that includes sexual content or innuendo

§         Language or verbal comments containing sexual content that violates acceptable standards of propriety

§         Violation of generally accepted ethical standards of sexual behavior by church personnel

§         Violation of codes of conduct established by these policies

1.1.5   Sexual Harassment. Sexual harassment is unwanted sexualized contact or sexualized behavior between employees working for the church. In this context, employees include clergy, religious, parish employees, school employees, ministerial employees and any other persons employed in Diocesan, parish or school programs. Sexual harassment which violates Diocesan policies includes, but is not limited to, the following behaviors:

§         Making unsolicited sexual advances and propositions

§         Using sexually degrading or gender demeaning words to describe an individual or their behavior

§         Telling inappropriate or sexually related or demeaning jokes

§         Retaliating against another employee who refuses sexual advances or demands an end to other sexual behavior

§         Offering favors or employment benefits such as promotions, favorable performance evaluations, favorably assigned duties or shifts, recommendations, etc., in return for sexual favors

This definition is intended to supplement the Diocesan Personnel Guidelines for Employees. A copy of the Diocesan Policy on Sexual Harassment is incorporated into this policy and attached as Appendix II.

1.2      Church Personnel. A term used to denote all people working on behalf of church organizations, including:

          (1)  priests, whether active, inactive or retired, Diocesan or other religious affiliation;

          (2)  deacons, whether permanent or transitional;

          (3)  parish life directors;

          (4)  religious working on behalf of the Diocese;

          (5)  seminarians while working in Idaho on behalf of the Diocese;

          (6)  pastoral associates;

          (7)  religious education directors;

          (8)  school principals and educators;

          (9)  youth ministers;

          (10)  Diocesan employees;

          (11)  parish and school employees;

          (12)  music ministers; and

          (13)  volunteers.

1.3      Clergy. The Bishop, ordained priests and deacons, whether permanent or transitional.

1.4      Charter and Essential Norms. The Charter for the Protection of Children and Young People, adopted by the United States Catholic Bishops in June of 2002, and incorporated in the Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons, Revised (referred to in these policies as the Essential Norms) which are effective as particular law for the United States on March 1, 2003.

1.5      Minor. A minor is a person under the age of 18.

1.6      Volunteer. An unpaid person working in a Diocesan, parish or school program, including volunteers in religious education, school or parish nurses, playground supervisors, scouting programs, after school activity programs, fundraising programs, sports programs, social service programs, community service programs, and similar parish or school activities.

(1) Footnote 2 of the Charter reads: "Notice that a sexual offense violative of §2 need not be a complete act of intercourse, nor should the term necessarily be equated with the definitions of sexual abuse or other crimes in civil law.

'Sexual abuse [includes] contacts or interactions between a child and an adult when the child is being used as an object of sexual gratification for the adult. A child is abused whether or not this activity involves explicit force, whether or not it involves genital or physical contact, whether or not it is initiated by the child, and whether or not there is discernible harmful outcome.'"

The Preamble to the Essential Norms reads: "Sexual abuse of a minor includes sexual molestation or sexual exploitation of a minor and other behavior by which an adult uses a minor as an object of sexual gratification. Sexual abuse has been defined by different civil authorities in various ways, and these norms do not adopt any particular definition provided in civil law. Rather, the transgressions in question relate to obligations arising from divine commands regarding human sexual interaction as conveyed to us by the Sixth Commandment of the Decalogue. Thus, the norm to be considered in assessing an allegation of sexual abuse of a minor is whether conduct or interaction with a minor qualifies as an external, objectively grave violation of the Sixth Commandment (USCCB, "Canonical Delicts Involving Sexual Misconduct and Dismissal From the Clerical State," 1995, p. 6).  A canonical offense against the Sixth Commandment of the Decalogue (Code of Canon Law, Canon 1395, §2; Code of Canons of the Eastern Churches, Canon 1453, §1.) need not be a complete act of intercourse. Nor, to be objectively grave, does an act need to involve force, physical contact or a discernable harmful outcome. Moreover, 'imputability [moral responsibility] for a canonical offense is presumed upon external violation . . . unless it is otherwise apparent.' (Latin Canon 1321, §3; Eastern Canon 1414, §2)

SECTION 1: To Protect the Faithful in the Future

2.0--Standards of Behavior

2.1     Church personnel working with youth shall maintain an appropriate and trustworthy relationship between youth and adult supervisors. Church personnel must be aware of their own and others' vulnerability to inappropriate relationships when working alone with youth. See Section 2.5.5.

2.2      Adults should avoid any physical touching of minors that may reasonably be perceived as sexual in nature. Examples of behaviors with minors that can be misconstrued as sexual in nature, and thus should be avoided, include but are not limited to:

§         inappropriate or lengthy embraces;

§         kisses on the mouth;

§         holding minors over two years old on the lap;

§         touching bottoms, chests, legs; or genital areas;

§         spanking or slapping;

§         showing affection while in an isolated location;

§         wrestling or tickling;

§         piggyback rides;

§         massages; and

§         compliments that relate to physique or body development.

Adults should immediately interrupt and address any sexually stimulating or inappropriate touching by a minor.

2.3      Church personnel must refrain from both the use or possession of illegal drugs and the use of alcohol at youth events or functions. Church personnel must not supply alcohol (except for liturgical purposes) or illegal drugs to minors.

2.4      Priests should not allow an individual under the age of 18 (excluding family members) to stay overnight in their private accommodations or personal residence without an accompanying adult. Priests should not provide shared, private, overnight accommodation for individual minors including, but not limited to, accommodations in any Church-owned facility, private residence, hotel room, or any other place where there is no other adult supervision present. Any exceptions to this standard require previous permission from the Bishop or his delegate.

2.5      During church activities or functions, all church personnel must avoid overnight accommodations that are shared with minors without other adults present. Church personnel should never share beds with minors other than their own children.

2.5.1   In rare, short-term emergency situations, overnight accommodation may be necessary for the health and well-being of the youth, where a second adult cannot be present. In that situation, church personnel should take extraordinary care to protect all parties from the appearance of impropriety and from all risk of harm, and other arrangements should be secured the following day or soon thereafter.

2.6      Church personnel must behave at all times in a professional manner appropriate to their position. Church personnel must not sexually exploit the trust placed in them by the faith community.

2.6.1   Church personnel who are committed to a celibate lifestyle are called to be an example of celibate chastity in all relationships at all times.

2.6.2   Church personnel who provide pastoral counseling or spiritual direction services must avoid developing inappropriate relationships with counselees or directees.

2.6.3   Church personnel must not distribute any sexually inappropriate, material. Moreover, Church personnel while on church property or in the presence of minors, are prohibited from possessing any sexually-oriented or morally inappropriate printed materials (magazines, cards, videos, films, clothing, etc.) from viewing sexually-oriented or morally inappropriate websites, and from viewing or sending such electronic mail messages.

2.6.4   Church personnel are prohibited from engaging in any sexually oriented conversations with minors. The limited exception to this standard is for educational lessons and discussions with teenagers that may address human sexuality issues related to dating and sex. These lessons must convey to youth the Church's teachings on these topics. If youth have further questions not answered or addressed by their individual teachers they should be referred to their parents or guardians for clarification or counseling. In addition, church personnel are prohibited from discussing their personal sexual activities or history with minors.

2.6.5   Church personnel cannot always avoid situations where they are alone with a minor. When it is not feasible to have another individual present, such as when counseling or teaching a minor, church personnel should meet with the minor in as public a place as reasonable under the circumstances, such as a room with the door open, or with a window in the door. In one-on-one situations, church personnel should try to avoid physical contact with minors.

2.6.6   Church personnel should review and understand the contents of the child abuse regulations and reporting requirements for the state of Idaho, as outlined in these policies, and should follow those mandates.

2.7      Church personnel directing programs for youth and children should also follow any guidelines provided or suggested by Diocesan Education or Finance Office staff, including but not limited to guidelines for necessary release forms, permission forms, safety guidelines, insurance requirements, youth/adult ratios, retreat guidelines, and similar guidelines.

2.8      Sexual harassment is a violation of Diocesan policy. Appropriate preventative measures will be used to promote respect for the rights of church personnel to be free from such harassment. Remedial measures and/or corrective actions, up to and including dismissal, shall be used when acts of harassment occur. Church personnel have an affirmative duty to maintain a workplace free of harassment and intimidation. Further, all church personnel are bound to follow the guidelines on sexual and other harassment set forth in the Personnel Guidelines for Employees at the Diocesan Pastoral Center. A copy of that policy is attached as Appendix II.

2.9     Employees who complain of sexual misconduct, or provide information related to such complaints, or oppose such behavior, are protected against retaliation. Retaliation is considered as serious as prohibited misconduct and immediate and appropriate disciplinary action, up to and including dismissal, may be taken.

3.0--Screening of Applicants

3.1      All regular volunteers working in parish or Diocesan programs who have contact with children or youth must complete a Background Questionnaire prior to their volunteer service. The only exception to this requirement is the occasional parent volunteer who is not a regular part of the ministry program. All completed Background Questionnaire forms should be screened by the program supervisor (i.e., DRE, youth ministry coordinator, school principal, priest, or other person designated by parish leader). All applications which indicate a need for further inquiry should be forwarded to the Bishop. No regular volunteer will be permitted to work with children or youth until the screening is satisfactorily completed. The screening may include a criminal background check. In addition, names of all volunteers in programs serving children, youth and vulnerable adults must be forwarded to the Diocese, so that they may be checked against state sexual offender databases. The Diocese, parishes and schools will not knowingly use the volunteer services of an individual whose background includes even a single substantiated incident of child abuse/sexual abuse or sexual behavior that may suggest that the volunteer could be a risk to children.

3.2     All employees must complete the Background Questionnaire form. All Background Questionnaire forms must be screened by the hiring supervisor prior to hiring. If the information submitted on the questionnaire or received in a subsequent background check gives rise to any concern, a copy of the application should be forwarded to the Bishop for review prior to hiring.

3.2.1  All employees must be interviewed by the parish, school, Diocesan or program staff prior to hire.

3.2.2 References and certifications noted on the application form must be verified prior to hiring.

3.2.3  Criminal background checks are required for all employees. Forms for completion by the applicant will be provided to parishes and schools by the Diocesan office. Parishes and schools may not hire individuals who have not satisfactorily completed the required criminal background check.

3.2.4  The Diocese, parishes and schools will not knowingly hire an individual with even a single substantiated incident of child abuse/sexual abuse or sexual behavior that may suggest that the employee could be a risk to children.

3.3      All clergy and religious, prior to assignment within the Diocese, must be screened according to established Diocesan guidelines, and a criminal background check must be performed.

3.3.1  The Diocese, parishes and schools will not knowingly assign or employ an individual whose background includes even a single incident of child abuse/sexual abuse or sexual behavior that may suggest that the individual could be a risk to children.

4.0--Visiting Clergy and Transfer of Clergy

4.1      Clerics who are unknown to the pastor or parish leader will not be given permission to minister in the Diocese even on a temporary or limited basis (including vacation supply, missionary work, etc.) until the Diocese has received a thorough background reference from his bishop or religious superior, including but not limited to any information about past allegations of sexual misconduct. Forms to be used for this purpose will be provided and are to be returned to the Diocese.

4.2      Clergy from other Dioceses or religious orders who seek a ministerial assignment in this Diocese must also receive a thorough background reference, as noted in paragraph 4.1, and will also be required to sign an acknowledgement of receipt of these policies before they are accepted for ministry in the Diocese.

4.3      When a priest or deacon from this Diocese is proposed for a new assignment, transfer or residence in another Diocese, the Diocese will forward to the new Diocese an accurate and complete description of the cleric's record, including whether there is anything in his background or service that would raise questions about his fitness for ministry.

4.4     Individuals seeking incardination into the Diocese, or applying for positions as a parish life director may be subject to psychological testing in addition to the screening described in 3.0.

5.0--Training and Education

5.1      As one method of educating clergy, employees and volunteers concerning their obligations for the prevention of sexual misconduct, all church personnel will receive a copy of these policies, and will be required to sign an acknowledgement of receipt and understanding. This acknowledgement will then be placed in the employee or volunteer file. Under normal circumstances, the policy shall be provided and the acknowledgement signed within seven days of employment, or within seven days of any significant policy changes.

5.2      The Diocese will design and provide a specific training program for clergy which addresses the following topics:

§         The provisions of this policy

§         The definitions of sexual misconduct

§         The nature of child sexual abuse

§         Pastoral care for victims of child sexual abuse

§         The obligation to report suspicions of child abuse

§         Prevention of child sexual abuse

§         Sexual misconduct and harassment, and prevention techniques

§         Sexual ethics in ministry

§         Leadership and accountability for prevention of sexual misconduct

            5.2.1  All clergy are required to attend training as required by the Diocese.

5.3     The Diocese will design and provide a specific training program for employees which addresses the following topics:

           •  The provisions of this policy

           •  The definitions of sexual misconduct

           •  The nature of child sexual abuse

           •  Pastoral care for victims of child sexual abuse

           •  The obligation to report suspicions of child abuse

           •  Prevention of child sexual abuse

           •  Sexual misconduct and harassment, and prevention techniques

           •  Ethics in ministry

In addition, those who supervise other church personnel will be given instruction on leadership and modeling of appropriate behavior.

5.3.1   All employees are required to attend initial and ongoing training as required by the Diocese.

5.4      All volunteers who regularly work in programs with children and youth are required to attend at least one training session.

5.5      As part of the Diocesan secure environment program, training programs will also be developed for, and offered to, parishioners, parents and children in Diocesan, parish or school programs.

6.0--Communications

6.1      The Diocese is committed to dealing with issues of sexual misconduct within the Church in an open, truthful and straightforward manner. While the Diocese must respect the privacy and reputation of all parties involved in sexual misconduct issues, the Diocese will deal as openly as possible with all members of the community, including victims/survivors, the accused, families, affected communities, the general Catholic community, and the general public.

 

SECTION 2: To Promote Healing and Reconciliation

with Those Victimized by Sexual Misconduct

 

7.0--Assistance During Assessment/

Preliminary Investigation Stages

7.1     The Assistance Coordinator will coordinate and provide personal or pastoral assistance to those alleging sexual misconduct during the assessment/preliminary investigation stage of a complaint. The nature of such assistance will be in the discretion of the Bishop.

8.0--Victim Assistance After Conclusion of Assessment/

Preliminary Investigation

8.1     The Diocese will offer victims and/or survivors pastoral, medical and psychological care for the effects of a violation of this policy, including a clear acknowledgement to the victim that a wrong was done, and a request for forgiveness of that wrong. The Diocese will offer, without regard to legal liability, appropriate pastoral and counseling support. This will be coordinated through the Assistance Coordinator. Psychological counseling and/or pastoral care will be offered in the spirit of Christian justice. When counseling is paid for by the Diocese, the type of treatment must be authorized by the Bishop.

8.2     The Diocese will not enter into any confidentiality agreement when rendering pastoral care and assistance to persons who allege or have been proven to have been sexually abused by any church personnel, except for grave or substantial reasons brought forward by such persons. When a victim of sexual abuse requests a confidentiality agreement, it shall be so noted in the text of the agreement, and must be approved by the Bishop.

9.0--Pastoral Response to Affected Communities

9.1     The Diocese recognizes that sexual misconduct affects not only the accused, the victim and the victim's family, but also affects the entire parish or school community. The Diocese is committed to the pastoral care and well being of the affected communities. The Diocese will reach out to affected communities as appropriate, and will develop resources to promote healing. Its response to parishes and other church organizations experiencing the pain caused by sexual misconduct of church personnel will be guided by the acknowledgement that

(1) parishes and other communities undergo a complex process of grieving when they learn that a trusted and respected leader has been accused, and

(2) one of the most important elements in healing is that the affected community receive as full and accurate information as possible, while recognizing and protecting the privacy rights of victims, their families, and accused persons.

The Diocese will work with professionals where appropriate to help the affected communities to heal.

10.0--Pastoral Response to Families and Others Affected

10.1   The Diocese will reach out to families of victims, or other secondary victims, as appropriate. The Diocese may provide assistance to families and others affected by misconduct in securing necessary services for healing.

 

SECTION 3: To Guarantee A Fair and Effective

Response to Allegations of Sexual Misconduct

 

11.0--Interim Administrative Leave

11.1   If a complaint of sexual misconduct is received, and based upon preliminary information gathered it appears that the complaint may be valid, the accused may be removed to assure the safety and security of other employees, parishioners, children or youth. If the accused is a priest or deacon, administrative leave may be imposed by the Bishop, with all rights assured under canon law observed, as noted in Appendix I. If the accused is a religious, diocesan, parish or school employee, the accused may be placed on interim administrative leave. The length and terms of administrative leave are at the discretion of the Bishop. If such a removal is necessary, it will be accomplished in a manner sensitive to the rights of all involved, the accused, the alleged victim, and the affected community.

12.0--Reporting Misconduct to Civil Authorities

12.1   All church personnel must comply with Idaho law, which requires individuals to report any situation giving rise to a "reason to believe" that neglect or abuse of a child under the age of 18 has occurred. This must be reported as explained in 12.2 (2).

12.2   Sexual abuse of a minor is a crime. Every report of sexual abuse of a minor, regardless of when the offense occurred, must be seriously considered and the following steps must be taken by any employee who receives a report of such abuse:

(1)  If the accusation involves allegations of abuse of a person who is under the age of 18 at the time of the report, and there is reasonable cause to believe the accusations may be true, the employee must immediately notify the appropriate governmental agency in accordance with Idaho law. Individuals should consult with their supervisor in determining whether such reasonable cause exists. The supervisor is then under the same legal obligation to report the abuse.

(2)  In Idaho, such a report of child sexual abuse can be made to law enforcement, or to the local office of the state Department of Health and Welfare, Child Protective Services. Such a report must be made within 24 hours of acquiring knowledge of probable abuse. If after consultation with a supervisor, the employee and his or her supervisor are unsure of how or whether to report to governmental authorities, he or she must notify the Bishop or Assistance Coordinator of the information, and they will make any required report to governmental authorities.

(3)  If the accusation involves allegations of abuse of a person who was under the age of 18 at the time of the abuse, but who is over the age of 18 at the time of the report to the Diocese, the complainant will be notified of their right to report this crime, and strongly encouraged to report it to the proper authorities. Church personnel who become aware of such a complaint must immediately notify the Bishop or the Assistance Coordinator. Diocesan officials will assist the complainant in reporting, by providing information on where to report, or by making the report if requested by the complainant.

(4)  If the allegation involves abuse of a person who was over the age of 18 at the time of the abuse, but which may be a criminal act, the complainant will be notified of their right to report this crime, and strongly encouraged to report it to the proper authorities. Church personnel who become aware of such a complaint should immediately notify the Bishop or the Assistance Coordinator. Diocesan officials will assist the complainant in reporting, by providing information on where to report, or by making the report if requested by the complainant.

12.3    The only exception to this reporting requirement is when the information leading to the suspicion of abuse is obtained during the Sacrament of Reconciliation. Under those limited circumstances, the priest/penitent privilege remains inviolate.

12.4    Disclosures made outside the context of the Sacrament of Reconciliation must be reported regardless of the desire of the complainant for nondisclosure, if the alleged victim is under the age of 18.

13.0--Reporting Misconduct to Church Officials

13.1   Every report of sexual abuse of a minor, regardless of when the offense occurred, will be seriously considered. Reports of sexual misconduct of any kind will also be seriously considered.

13.2   All church personnel, whether at the Diocesan or parish level, who receive information indicating possible sexual abuse of a minor, must immediately report the information to the Bishop or the Assistance Coordinator. This internal reporting requirement is in addition to the requirement to report to governmental authorities. In addition, this internal reporting requirement does not require belief of reasonable cause to report the allegations. If the person who receives the information has already contacted governmental authorities before contacting the Diocese, he or she should provide the contact information of the government official to the Bishop or Assistance Coordinator. Diocesan employees must cooperate fully with governmental authorities in any investigation of sexual abuse of a minor. Any questions regarding the duty to report or the procedure to follow should be immediately directed to the Bishop or the Assistance Coordinator.

13.3    In addition, all church personnel must immediately report any other instances of sexual misconduct to the Bishop or the Assistance Coordinator.

13.4    Retaliation against any person who in good faith makes an allegation of sexual misconduct is prohibited and will not be tolerated. Retaliation should be reported immediately. Any person found to have retaliated against an individual for alleging sexual misconduct, or against anyone participating in the investigation of an allegation, will be subject to appropriate disciplinary action up to and including termination of employment and/or removal from ministry.

14.0--Inquiry into Allegations

14.1   When an allegation of sexual misconduct of any kind is reported to the Diocese, the Bishop will direct that information be gathered to assess the validity of the complaint. This will include working with the complainant to secure adequate information about the nature of the complaint, and gathering information from other people and sources. The accused will be informed of the allegation and provided an opportunity for input. Every effort will be made to make this information gathering process comfortable for both the complainant and the accused. The assessment of allegations will be conducted as confidentially as possible. Allegations of child sexual abuse involving a priest or deacon will follow the procedures noted in Appendix I. Once this assessment is completed, a report will be provided to the Bishop. The Bishop will then determine what action should be taken with respect to the allegation. The complainant and the accused will be informed of the progress of the assessment.

15.0--Care and Assistance for the Accused

15.1   While seeking to prevent sexual misconduct and to assist complainants and victims, the Diocese must adhere to the principles of the Catholic Church regarding compassion and forgiveness for wrongdoers, even at the risk that this may be misperceived as approval by the Church of the wrong itself or as insensitivity to victims. Therefore, this policy affords the accused fair treatment, dignity, and pastoral support. If an accused has engaged in sexual misconduct, then that individual may be removed from his/her position with the Diocese to protect others from harm and to maintain the integrity of the relationships within the Diocese. (See section 11.1.)

15.2   For incardinated priests and deacons accused of sexual misconduct, a comprehensive medical and psychological assessment, and initial treatment as prescribed by the assessment, may be requested by the Bishop. If such assessment and treatment is obtained, it may be paid for by the Diocese.

15.3   For members of religious orders/congregations, a medical and psychological assessment is recommended. This assessment and any treatment recommended may be paid for by the order/congregation or the diocese. Members of religious orders/congregations are not incardinated in this Diocese and are therefore responsible to the major superiors of their orders/congregations.

15.4    For accused lay employees and volunteers, such medical and psychological assessment and initial treatment are recommended, and may be mandated by the Bishop, but will not be paid for by the Diocese unless specifically directed by the Bishop.

15.5    Failure to comply with a mandated or directed assessment and/or treatment under the provisions and procedures of this section may result in removal of faculties for clerics, and removal from position for religious, lay employees and volunteers.

16.0--Procedure for Decision Making

16.1    To respect the privacy of those involved, confidentiality is maintained, to the extent possible, consistent with the civil reporting requirements and the Diocese's policies and procedures, taking into account:

16.1.1   The need to advocate for those who are victims.

16.1.2   The need to provide appropriate outreach to victims.

16.1.3   The need to comply with civil and canon law.

16.1.4   The right of Church personnel and volunteers to be treated fairly.

16.1.5   The need to fairly investigate all complaints of child sexual abuse.

16.1.6   The need to make a report to the Diocese in a timely manner.

16.1.7   The need for a pastoral response to affected communities.

16.2    For church personnel other than clergy, once the assessment phase is completed, the Bishop has the discretion to:

(1) immediately remove the individual from employment or ministry pending further action;

(2) conduct a further inquiry into the nature of the misconduct; or

(3) immediately impose discipline upon employees up to and including dismissal. The action to be taken is at the discretion of the Bishop. For clergy, the decision-making process is governed by procedures identified in Appendix I, or otherwise prescribed by canon law.

17.0--Restoration of Good Name

17.1   If the complaint, after investigation, is unsupported, every effort must be made to restore the good name of the accused, to the extent that damage may have occurred to the accused's reputation.

 

SECTION 4: To Ensure Accountability of Our Procedures

18.0--Independent Review Board and Assistance Coordinator

18.1   The Diocese of Boise has established an independent Review Board to assure accountability of its responses to sexual misconduct issues, which is called the Diocesan Review Board for Sexual Misconduct. The Review Board will review reports of actions taken by the Diocese regarding sexual misconduct issues, assure the integrity of the process for responding to such issues, offer advice regarding investigations and all other aspects of responses required, and provide oversight for the handling of sexual misconduct complaints.

18.2   The Review Board consists of nine to twelve members. Of the members, a majority must be lay members not employed by the Diocese. At least one member must have particular expertise in the evaluation and treatment of sexual abuse of minors. The Promoter of Justice will participate in Review Board meetings.

18.3    The Review Board will:

(a) review any allegation and assess it;

(b) provide recommendations to the Bishop or his designee on action to be taken with respect to the victim, clergy and parishes affected;

(c) review current policies and procedures, and recommend any changes; and

(d) review and assist in developing Diocesan efforts to provide a secure environment for children and young people, and recommend any changes to policies, procedures and programs.

18.4    Following the initial assessment of allegations, and during the preliminary/prior investigation, allegations may be presented to the Review Board through a report prepared and delivered by the Bishop and/or the Assistance Coordinator. After presentation of reports, the Review Board may ask for any additional information necessary. After assessing the credibility of any allegations presented the Review Board will provide advice, feedback and recommendations on appropriate actions to the Bishop.

18.5    The Assistance Coordinator serves as secretary to the Review Board, and conducts initial inquiries in collaboration with the Bishop. The Assistance Coordinator also works with complainants, victims and the accused to understand their pastoral care needs and communicate those to the Review Board.

 

APPENDIX I

Procedural Guidelines for Allegations

of Sexual Abuse of a Minor by Priests or Deacons

1.0      General Principles

When an allegation of sexual abuse of a minor by a priest or deacon is received, the Bishop will review the information and determine whether the allegation at least seems to be true. The Bishop should delegate to other appropriate persons the gathering of information about the allegation. 

If the information received by the Bishop at least seems to be true, a preliminary investigation consistent with canon law will be initiated and conducted as promptly and objectively as circumstances warrant (1717). In every case involving canonical penalties, the canon law processes and provision must be observed and considered. 

The Diocese will comply with all applicable civil laws on reporting allegations of sexual abuse of minors to civil authorities and will cooperate in any investigation. In every instance, the Diocese will advise of and support a person's right to report to civil authorities.

When even a single act of sexual abuse of a minor by a priest or deacon is admitted or is established after an appropriate process in accord with canon law, the offending priest or deacon will be removed permanently from ecclesiastical ministry, not excluding dismissal from the clerical state, if the case so warrants. 

2.0      Rights of the Accused During Inquiry/Investigation Stages

All appropriate steps shall be taken to protect the reputation of the accused during the investigation. The accused will be encouraged to retain the assistance of civil and canonical counsel. (Norm 6) The accused is primarily responsible to obtain and pay for counsel. If he is unable to pay for canonical counsel, upon request, the diocese may assist in the financial arrangements for canonical counsel. (Charter, Article 5, par. 4) At the conclusion of the preliminary investigation, the accused will be promptly notified of the results of the investigation.

3.0      Rights of the Alleged Victim During Inquiry/Investigation Stages

3.1  All appropriate steps shall be taken to protect the reputation of the alleged victim during the investigation.

3.2  The victim/survivor has the right to tell the Bishop or his delegate about the alleged abuse.

3.3  The victim/survivor also has the right to bring the alleged abuse before the civil authorities.

4.0      Receipt of Initial Complaint

If a person is unsure about whether he or she wishes to make an allegation, the person may give a general, anonymous description of the concern to the Bishop, or the Assistance Coordinator, without giving his or her name or the name of the church personnel accused. The church official to whom the report is made will describe how the Diocese would respond to this allegation and describe the information that is required to begin that response. The person can then decide whether to make an allegation. (1) No official action may be taken against a cleric with an anonymous allegation.

5.0      Steps to be Taken Following Receipt of Allegation

5.1  Upon determining that the allegation at least seems to be true the Bishop will initiate a Preliminary Investigation by following the steps prescribed by canon law and the Norms. This investigation, which is to be conducted promptly and objectively, may be entrusted to the Assistance Coordinator (1717-1719).

5.2  The question of prescription (limitations on time) must be examined. A dispensation from the prescription can be requested from the Congregation for the Doctrine of the Faith, (CDF) for the "appropriate pastoral reasons."

5.3  An allegation involving a cleric residing in the Diocese but incardinated in another diocese or belonging to a religious order will be reported immediately to his own diocesan bishop or religious superior. The Bishop will continue to oversee the implementation of the Essential Norms.

5.4  The Assistance Coordinator, or another delegate appointed by the Bishop, will meet as quickly as possible with the victim/survivor, parent, or guardian on behalf of the Diocese to:

1)     assure the victim/survivor of the Diocese's care and concern;

2)     obtain more information regarding the allegation, if necessary;

3)     explain the process;

4)     assess the pastoral response needed; and

5)     prepare a fact-finding report for the Bishop.

5.5  Where appropriate, the Bishop may meet with a victim to provide pastoral care and concern.

6.0      Pastoral Care Following an Allegation

Upon being informed of an allegation of sexual abuse, the Bishop will immediately provide for the pastoral care of the victim using the Assistance Coordinator to whom this responsibility has been entrusted. Before reaching a conclusion regarding the canonical actions to be taken against the accused cleric, the issue of any harm suffered by the victim and the healing of that harm should be addressed. (1718, §4).

Upon being informed of an allegation of sexual abuse, the Bishop will also immediately provide for the pastoral care of the accused, including any necessary medical or psychological evaluation.

7.0      Form of Allegation

The allegation should be made in writing whenever possible and contain the signature of the alleged victim/survivor. In cases involving minors, the parent or guardian should sign the allegation. Allegations and complaints may be made to the Bishop, his delegate the Assistance Coordinator, or members of the Diocesan Review Board.

Whenever a cleric or minister receives information regarding sexual abuse of a minor s/he is required to assist the potential victim/survivor in contacting the Bishop or his delegate.    

If an allegation is made orally, the person to whom the allegation is made shall:

(1)  immediately record the specifics of the allegation, the date, time, and place of the allegation, the name of the person making the allegation, and if applicable, that person's relationship to the alleged victim, and;

(2)  as soon as possible, obtain the signature of the victim/survivor on that written record. 

8.0      Participation in Proceedings

8.1      Participation of the Alleged Victim

To assist in the investigation of the alleged abuse, the victim will be asked to provide a statement and possibly, to respond to questions posed by the Bishop's delegate. Any interview will be conducted in a location and atmosphere that is comfortable to all parties.

If the victim chooses not to respond to questions or participate in the investigation, the victim will be advised that such a decision may make it impossible for the Church to impose a canonical penalty on the accused cleric. The Bishop still has the responsibility to address the harm suffered by the victim.

8.2      Participation of the Accused

A cleric who has been accused of sexual abuse has the right to speak with his Bishop, and he can admit the offense if he so chooses. He cannot be compelled to confess the offense or to say anything that would be self-incriminating (1728, §2).

An accused cleric has the right to and is encouraged to seek civil and canonical counsel with whom he should consult prior to any conversation that he might have with the Bishop or investigator.

8.3      Initiation of a Preliminary Investigation

8.3.1  Actions by the Bishop

When there is sufficient evidence that sexual abuse of a minor may have occurred, the Congregation of the Doctrine of the Faith shall be notified. The Bishop shall then remove the accused from the sacred ministry or from any ecclesiastical office or function, impose or prohibit residence in a given place or territory, prohibit public participation in the most holy Eucharist pending the outcome of the process, and prohibit contact with minors (1722).

Interviews with the victim or with witnesses should be taken under oath and transcribed.

If the allegation involves allegations of abuse of a child or other criminal actions and there is reasonable cause to believe the allegation may be true, Diocesan officials will:

1.  notify the appropriate government agency in accordance with the law (2), and;

2.  notify every party who has the right to know, and (3)

3.  direct local church authorities to cooperate in any government investigation of the case.

8.3.2 Rights of the Accused

The accused will be informed that an allegation has been made and an investigation has been initiated, and will be given every opportunity to respond to the allegation. The accused has a right to have a friend or advisor present when responding to the allegation. If the accused is a married deacon, the deacon has the right to have his spouse participate in all investigative proceedings to the same extent as the deacon. 

The accused may be strongly encouraged to undergo psychological assessment by a person or facility chosen by the Bishop, specializing in the evaluation of sexual abuse.

If the allegation involves criminal allegations, the accused will be advised that they have the right to contact legal counsel distinct from the Diocesan attorney, at the cleric's own expense.

The priest or deacon may at any time request a dispensation from the obligations of the clerical state. In exceptional cases, the Bishop may request that the Holy Father dismiss the priest or deacon from the clerical state ex-officio, even without the consent of the priest or deacon.

8.4        Role of the Review Board

The Review Board will assess the information gathered during a preliminary investigation, assess the guilt and imputability of the accused cleric, and provide a recommendation to the Bishop concerning the action taken on the complaint. The Review Board may act both prospectively and retrospectively.

8.5      Procedure Following the Preliminary Inquiry

Once the preliminary investigation has been completed, the designated officials will present a report to the Bishop.

After the Review Board has presented its confidential advice to the Bishop, he then brings the Preliminary Investigation to closure or, if he determines that additional information is still needed, he orders that further investigation be conducted and the results presented to the Review Board for its advice.

If the proofs gathered are sufficient, in the estimation of the Bishop, to establish the probability of the delict, the following steps must be undertaken:

a)  The accused cleric is to be "promptly notified of the results of the investigation." (Norm 6)

b)  The Bishop shall then apply the precautionary measures, i.e., remove the accused from the sacred ministry or from any ecclesiastical office or function, impose or prohibit residence in a given place or territory and prohibit public participation in the most holy Eucharist pending the outcome of the process. In order to comply with canon 1722 the citation of the accused cleric must take place, if it has not already been provided for during the course of the preliminary investigation; and the promoter of justice must be consulted to assure that proper procedure has been followed and the accused cleric's right of defense provided for. As noted above, these restrictions can be imposed during the course of the preliminary investigation.

9.0      Procedure for Decision Making

9.1      Findings by the Bishop and Subsequent Action

From the findings of the preliminary investigation the Bishop must decide if there is sufficient probability that an act of abuse of a minor has occurred. If there is sufficient probability, he must then issue a decree stating such and submit a votum to the CDF.

If there is insufficient probability, the Bishop must decide that no abuse took place and submit a votum to the CDF.

If the allegation is not probable, the Bishop must issue a decree declaring that, and do all he can to help the cleric regain his reputation and good name.

If only "inappropriate" behavior is found (without actual abuse or misconduct taking place) the Bishop can apply an administrative remedy including prohibitions from exercising orders.

The accused cleric has the right to procedural due process; therefore, he must be informed of the Bishop's decision and receive a formal citation of the Bishop's action.  

Unless the CDF determines that it will conduct the judicial trial, it will direct the Bishop to proceed with a canonical penal trial.

When it appears that there is no substance to the allegations, the following actions may be taken in appropriate circumstances:

(a) If it appears that an allegation was made in bad faith, the accuser may be informed of the canonical and legal consequences of false allegation;

(b) If behavior of the accused, however innocent, gave rise to a misunderstanding, the accused will be so informed and appropriately cautioned.

(c) The accused's family may face tremendous strain and will likely be in need of assistance. The Diocese will work with the accused and his family to provide for pastoral and professional support. 

FOOTNOTES:

(1) This does not relieve any church personnel of the obligation to report in accordance with state law as soon as he or she has reasonable cause to suspect a child has suffered harm as a result of abuse or neglect.

(2) This obligation is to be tempered only with the requirements of Canon 983 which states: "Sec. I The sacramental seal is inviolable, therefore, it is a crime for a confessor in any way to betray a penitent by word or in any other manner or for any reason or in any other manner or for any reason."

(3) In accordance with Idaho law, no church minister, because of his or her occupation is exempted from complying with the state child abuse reporting laws. 

 

APPENDIX II

Diocesan Sexual Harassment Policy

The Diocese of Boise strives to create a work environment where all persons treat each other with dignity, charity, and respect in accord with Christian principles and the social teachings of the church. Therefore, the diocese is committed to provide a work environment that is free from harassment in any form. Harassment by any clergy, religious or lay employee, of any person working for the diocese is strictly prohibited. 

Appropriate preventative measures will be used to promote respect for the right of church personnel to be free from sexual harassment. Remedial measures and/or corrective actions, up to and including dismissal, shall be used when acts of harassment occur. Church personnel, and especially supervisory personnel, have an affirmative duty to maintain a workplace free of harassment and intimidation.

All harassment complaints, regardless of where or to whom reported, or from whom, shall be taken seriously and resolved in accordance with the Diocesan Sexual Misconduct policy. Allegations must be forwarded immediately to the Bishop or Assistance Coordinator. All allegations will be investigated in a prompt and thorough manner. Confidentiality will be maintained to the extent possible.

All of our church leaders (e.g. clergy, supervisors, etc.), through their actions, shall model respectful behavior by: 

§         Encouraging reports of harassment and/or discrimination incidences;

§         Taking remedial measures to stop harassing behavior whenever reported or observed;

§         Notifying the Bishop or the Assistance Coordinator of all allegations or incidences of harassment in the workplace; and

§         Ensuring that retaliatory behavior is not allowed.

Harassment is any conduct that:

§         Degrades or shows hostility toward an individual because of sex;

§         Creates an intimidating, hostile, or offensive working environment through written (i.e., e-mail, computer), graphic, or verbal communications (i.e., voice mail, oral or otherwise) including comments, jokes, slurs, or negative stereotyping;

where the result of such harassment is to interfere with an individual's ability to do their work.

Additionally, sexual harassment is also specifically prohibited and defined as unwelcome sexual advances, or requests for sexual favors, where specific, tangible job benefits are denied or provided based upon the favorable or unfavorable response to such advances or requests. It also specifically includes other verbal or physical conduct of a sexual nature when the sexual conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment.

Examples of sexual harassment, which can involve verbal, physical, visual or other behavior, include, but are not limited to:

§         Demeaning and/or derogatory comments or jokes about one's gender;

§         Physical behavior, including staring, pinching, touching, assault or other physical contact, or deliberately impeding or blocking the normal movements of another person;

§         Unwelcome sexual comments, innuendoes, jokes, or sexually abusive personal remarks;

§         Sexually explicit, derogatory or demeaning displays or distribution of posters, cartoons, written words, memos, drawings, pictures, materials, electronic media, or objects in the work area;

§         Offering or implying a reward or threat concerning work assignments, performance review, discipline, promotions, or other terms or conditions of employment in exchange for sexual favors;

§         Unwelcome amorous advances or propositions, physical conduct, obscene gestures;

§         Obscene letters, phone calls, E-mails, or unwelcome words or comments with sexual or other discriminatory meanings;

§         Unwelcome requests for sexual favors or repeated social contact; sexual assault or other unwelcome sexual contact.

Employees who complain of harassment or discrimination, or provide information related to such complaints, or oppose harassing and/or discriminating behavior, shall be protected against retaliation. Retaliation is considered as serious as prohibited harassment and immediate and appropriate disciplinary action, up to and including dismissal shall be instituted. During the complaint investigation, all parties shall be reminded that retaliation is prohibited.

Examples of retaliation can include negative actions such as, but not limited to: unwarranted poor performance evaluations, change in job duties as a consequence of reporting harassing behavior, or other negative employment decisions, laughing at, ignoring or failing to take seriously reports/complaints of harassment, or continuing/escalating harassing behavior after the employee objects. 

If you feel you are being harassed or retaliated against, you are encouraged to notify any supervisor, pastor, parish leader, the Bishop, the Vicar General, or the Assistance Coordinator at 208-342-1311. There is no requirement that a supervisor, pastor or parish leader be notified if that person is involved in the harassment or retaliation. 

If the findings of the investigation indicate that a violation of the harassment policy has occurred, immediate and appropriate corrective and/or disciplinary action, up to and including dismissal, will be administered. If the accused is a member of clergy, the procedures required by canon law and the Diocesan Sexual Misconduct policies will be followed. Corrective actions shall be proportional to the seriousness or repetitiveness of the offense.