Policies on Sexual Misconduct and Sexual Harassment

 

 

 

Independent Catholic Church of the West

Policy on Sexual Misconduct

(Effective April 10, 2006)

 

 

 

Introduction

 

 

There are two vital sections to our policy on Sexual Misconduct including:  first, Prevention and second, Appropriate Action.  Both of these sections are designed to safeguard the people of God, whom we are called to serve and protect.

 

Part 1:  Prevention

 

The accepting of men and women to the clergy of the Independent Catholic Church of the West (ICCW) is a serious undertaking for both the candidate and the Church.  Candidates will be carefully screened and will undergo psychological testing as well as a criminal and drug background check carried on by independent contractors.  All candidates, whether new or those incarnating into the Independent Catholic Church of the West, will undergo these processes.  Under the guidance of the Consulting Psychologist, the Clergy Committee on Vocations, and the local Bishop, all candidates will be guided through a series of spiritual, psychological, and academic rigors as preparation to possible ordination or acceptance into the Independent Catholic Church of the West.  This process is designed to assist the candidate to discern whether or not he/she has a ministerial vocation which may led to ordination as a deacon or priest or whether or not he/she wants to affiliate with the Independent Catholic Church of the West.

 

Our clergy will be selected from among those who have developed a mature, healthy understanding of their own sexuality.  We welcome candidates who are married, who plan to marry, who are in a same sex relationship, or those who desire to remain celibate.  We expect our married clergy to dedicate themselves to a lifelong monogamous relationship.  Those who find themselves in a same sex relationship are also called to a monogamous partnership. 

 

As for sexual deviancy, we will not tolerate promiscuity, predatory sexual advances, or sexual abuse of minors by our clergy.  Protecting the people of God from any improper sexual activities is a primary priority of the Independent Catholic Church of the West. 

 

 

            Part 2:  Appropriate Actions

 

                         

Disclosure

 

It will be the policy of the Independent Catholic Church of the West to inform the community at large and the local parish of the following:  (a) all instances of accusations of sexual misconduct by any of the clergy or other staff members, (b) any disposition of complaints brought by individuals, (c) any financial settlement of the case, and (d) all sanctions imposed on those who have be convicted of such misconduct. 

 

The Independent Catholic Church of the West will not sanction any “confidential’ settlement between a victim and a member of the clergy or staff. 

 

Process of Notification

 

Allegations of sexual abuse will be reported to the civil authorities upon disclosure by the victim or victim’s legal guardians.  Pastors or other church officials will immediately notify the local bishop of any allegations brought by an individual against a clergy person or staff member.  The ICCW or local church will assist the victim in contacting law enforcement authorities and will ensure anonymity for the victim.

 

Process of Litigation, Dismissal, and Reinstatement

 

Whenever an allegation of sexual abuse against a minor or an adult, the clergy or staff member accused will be immediately removed from active ministry or church position pending the outcome of the investigation.  When an outcome of the allegation is reached by the civil authorities, appropriate actions by the ICCW will take place.

 

If a clergy or staff member is found guilty of a felony or pleads guilty to a misdemeanor in a case where sufficient evidence exits to prove a felony, the person will be removed permanently from active ministry or be relieved from the position they hold in the local parish.  Upon conviction, priests or deacons will be relieved of their faculties of authority to perform all priestly or deacon duties and will be subject to a canonical process of returning them to civil status.

 

After the offender has served the sentence given for the offense and the offender has undergone appropriate therapy, he/she may petition to be reinstated.  This petition is to be filed with the Vicar General of the Independent Catholic Church of the West where the person functioned as a priest or deacon.  The bishop will form an Independent Review Board to undertake the investigation of the charges.  The Independent Review Board, made up of three laypersons and two clergy from the diocese and appointed by the Bishop, will process all requests for reinstatement.  After the Independent Review Board has completed its work, a recommendation will be forwarded to the Bishop.  In consultation with the Bishop, a final determination on the matter will be made.  There is no other avenue of appeal once the decision has been rendered.

 

All expenses for convening the Independent Review Board will be the sole responsibility of the petitioner.

 

Upon the favorable outcome of the petitioner, a formal meeting will be conducted with the congregation or other church entity concerning the placement of the petitioner.

 

If the congregation or other church entity objects to the appointment of the individual, he/she will not be placed in that environment. 

 

Reinstatement of an individual to the priesthood or deaconate will not necessarily result in an appointment to a parish or other entity in the Independent Catholic Church of the West.

 

 

 

 

 

Independent Catholic Church of the West

Sexual Harassment Policy

(Effective April 10, 2006)

 

I.  Definition

 

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other physical or verbal conduct of a sexual nature when it meets any of the following:

 

· Submission to such conduct is made either or implicitly a term or condition of an individual’s employment.

· Submission or rejection of such conduct by an individual is used as a basis for employment affecting such individual.

· Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive environment for working.  Sexual harassment can occur between any individual associated with the Independent Catholic Church of the West.

            

            

II. Examples of Sexual Harassment

 

Examples of sexual harassment include, but are not limited to:

 

· Some incidents of physical assault.

· Direct or implied threats of submission to sexual advances will be a condition of employment, work status, promotions, or appointments.

· Direct propositions of a sexual nature and/or subtle pressure for sexual activity that is unwanted and unreasonably interferes with a person’s work or church environment.

· A pattern of conduct that unreasonably interferes with the work or church environment including:

· Sexual comments or inappropriate references to gender.

· Sexually explicit statements, questions, jokes, or anecdotes regardless of the means of communication (oral, written, electronic, etc).

· Unwanted touching, patting, hugging, brushing against a person’s body, or staring.

· Inquiries and commentaries about sexual activity, experience, or orientation.

· The display of inappropriate sexually oriented materials in a location where others can view them.

 

 

III.  Regulations

 

A.  Confidentiality and non-retaliation

The Independent Catholic Church of the West will make every reasonable effort to conduct all proceedings in a manner that will protect the confidentiality of all parties.  Parties to the complaint should treat the matter under investigation with discretion and respect for the reputation of all parties involved.

 

B.  Corrective measures

When it has been determined that sexual harassment has occurred, steps will be taken to ensure the harassment is stopped immediately.  Corrective measures consistent with the severity of the offense will be imposed.

 

C.  False allegations

It is a violation of this policy for anyone to knowingly or with reckless disregard for the truth make false accusations of sexual harassment. 

Failure to prove a claim of sexual harassment is not equivalent to a false allegation.  Sanctions may be imposed on individuals who knowingly or with reckless disregard for the truth make false accusations of sexual harassment.       

 

 

IV.  Policy and Procedures Administration

 

The Office of Vicar for Priests and Religious is responsible for the administration of this policy and the associated procedures.  The bishop, vicars, and pastors are responsible for assuring compliance with this policy.  Any such individual who obtains information that would lead a reasonable person to believe that this policy has been violated must refer the matter to the appropriate individual for investigation or, if so authorized, initiate a prompt and thorough investigation.

 

 

V.  Educational Programs

 

The Independent Catholic Church of the West promotes educational programs coordinated by the Consulting Psychologist to meet the following:

· Informing all individuals about their rights through training and dissemination of the sexual harassment policy.

· Including the sexual harassment policy in orientation for new clergy and lay- persons engaged in ministerial activities.

· Notifying persons of prohibited conduct.

· Informing all individuals of the appropriate procedures and reporting mechanisms for addressing concerns of sexual harassment.

· Informing all church communities about the problems caused by sexual harassment.