Diocese of Springfield - Cape Girardeau at 601 South Jefferson Ave., Springfield, MO 65806-3143 US - Sexual Misconduct Policy of the Diocese of Springfield-Cape Girardeau

If there is any doubt whether a specific act qualifies as an external,  objectively grave violation, the writings of recognized moral theologians should be consulted and the opinions of recognized experts should be appropriately obtained (Canonical Delicts, p.6). Ultimately, it is the responsibility of the Bishop, with the advice of the Review Board, to determine the gravity of the alleged act.(See footnote two, Essential Norms for Diocesan Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons)

• G. Definitions of Sexual Misconduct under State Law. This policy is intended to include, but not be limited to, incidents of sexual misconduct that are violations of civil or criminal law. A violation of criminal law can subject the perpetrator to a prison sentence and/or a monetary fine. It can also be the basis for a civil suit for monetary damages.

The law changes from time to time by enactment of amendments to statutes and judicial interpretations. It is not possible to set out all of the laws in this document, but assistance will be given to all personnel having questions or seeking knowledge concerning the law.

The Missouri Criminal Code defines various types of conduct that violate this  policy. Primary areas of concern are:

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Child Abuse. Section 210.110, RSMo. 2000, defines "abuse"as any physical injury,  sexual abuse or emotional abuse inflicted on any person under the age of 18 years of age (other than by accidental means) by those responsible for his care, custody and control.

Other Sexual Offenses. Chapter 566 RSMo. covers, among other criminal acts, the following:

•  "Deviant Sexual Intercourse," which includes any act involving the genitals of one person and the mouth, tongue, hand or anus of another person. A person who has Deviant Sexual Intercourse with a person who is 16 years old or less is guilty of a crime; the degree of the crime depends upon the age of the other person.
• "Sexual Contact," which means any touching of the genitals or anus of any person or the breast of any female person for the purpose of arousing or gratifying sexual desire of any person. Any person who subjects another person to Sexual Contact by forcible compulsion is guilty of a crime, as is anyone who subjects a person to Sexual Contact who is incapacitated or 13 years of age or less. "Incapacitated" means that physical or mental condition, temporary or permanent, in which a person is unconscious, unable to appraise the nature of his conduct, or unable to communicate unwillingness to an act. A person is not "incapacitated" with respect to an act committed upon him if he became unconscious, unable to appraise the nature of his conduct or unable to communicate unwillingness to an act, after consenting to the act.

Chapter 566 RSMo. also covers other commonly understood crimes such as rape and sodomy; obviously, this policy also applies to such conduct.

II. Background and Reference Checks.                    Back to the Top

Background Questionnaires. A background questionnaire concerning sexual misconduct, a copy of which is attached to this policy as Appendix A, is to be completed by all diocesan personnel. Clergy and parish life coordinators are to forward completed forms to the Chancellor. All other personnel are to forward completed forms to their immediate supervisor, or to the head of their office/institution, or to the person hiring them.

With regard to priests from other dioceses, religious priests, deacons, sisters and brothers working in the Diocese, the Diocese of Springfield-Cape Girardeau is to be informed of any allegation of physical or sexual misconduct by such individuals that the religious order or diocese is or may become aware of. On its part the Diocese of Springfield-Cape Girardeau shall, in writing, inform the superior of such personnel of any allegation of physical or sexual misconduct.

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B. Paid Employees. In evaluating the background of all paid employees, the Catholic Center, parishes and all other institutions of the Diocese will utilize the resources of law enforcement and other community agencies. Each background and reference check must include at least contact with the Missouri Division of Family Services and the Missouri State Highway Patrol. The State of Missouri form that may be used for this purpose is attached to this policy as Appendix B.

Volunteers. Regarding background and reference checks of volunteers who have regular contact with minors, see Section X.B below.

Candidates for Ordination. In addition, the Diocese will employ adequate screening and evaluative techniques in deciding the fitness of candidates for ordination.

III. Making a Complaint or an Allegation of Sexual Misconduct to the Diocese. 
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The Diocese supports and encourages the reporting of all incidents of sexual misconduct, regardless of the identity of the alleged offender.

The Diocese recognizes that bringing an allegation of sexual misconduct to the attention of church officials can be a difficult decision. To make this process as safe and comfortable as possible, the Diocese has provided a variety of methods for bringing such a complaint.

Any person who alleges sexual misconduct on the part of diocesan personnel may bring a complaint by contacting any one of the following individuals in writing, or by telephone, or in person. Please mark all correspondence "Personal and Confidential."

 The Bishop of the Diocese of Springfield - Cape Girardeau,
 601 S. Jefferson Avenue, Springfield, MO 65806, (417) 866-0841;

 The Chancellor of the Diocese of Springfield - Cape Girardeau,
 601 S. Jefferson Avenue, Springfield, MO 65806, (417) 866-0841;

 Any pastor or parish life coordinator of a parish within the Diocese;
 (Upon receipt of a complaint, the Chancellor must be notified.)

The Assistance Coordinator who is a layperson not in the employ of the Diocese. 
            Victim Assistance Coordinators:
                      Kathleen Griesemer, Psy.D., (417) 848-4601
                     

The Diocese shall make its procedures for reporting allegations of sexual misconduct available in printed form and through periodic public announcements so that those affected can readily make complaints and receive the assistance which this policy provides.

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Nothing within this section shall be interpreted to preclude or prohibit the reporting of any incidents of sexual abuse to appropriate civil authorities and the reporting to civil authorities is encouraged and may also be required as set forth in Section X.C of this policy.

IV. To Promote Healing and Reconciliation                 Back to the Top

The Diocese will reach out to victims and their families and demonstrate a sincere commitment to their spiritual and emotional well-being. The first obligation of the Church with regard to the victims is for healing and reconciliation.

V. Sexual Misconduct Review Board                  Back to the Top

Authorization of Board. The Charter for the Protection of Children and Young People, adopted by the U.S. Bishops in 2002, calls for a Review Board in every diocese to function "as a confidential consultative body to the bishop" (Art.2). In this Diocese, the Review Board will advise the bishop and diocesan administrators regarding alleged offenses against the Sexual Misconduct Policy of the Diocese which applies to all diocesan personnel including clergy.

B. Composition of Board. The Diocesan Sexual Misconduct Review Board shall be composed of at least five persons appointed by the Bishop, the majority of whom shall be lay persons not in the employ of the Diocese. At least one member shall be a priest, and at least one member shall have particular expertise in the treatment of the sexual abuse of minors. The members shall be appointed for a term of five years, which term can be renewed.

C. Responsibilities of Board. The functions of the Review Board shall include the following:

• Advise the Bishop and diocesan administrators in assessing allegations of sexual misconduct and appropriate disciplining action;
•  Advise the Bishop, when an allegation of sexual misconduct by a member of the clergy against a minor is made, regarding the appropriateness of forwarding the allegation to the Congregation for the Doctrine of the Faith. Such an action automatically places the allegation in an ecclesial tribunal for adjudication of innocence or guilt;
•  Advise diocesan administrators, when an allegation of sexual misconduct has been made against diocesan personnel (e.g., teacher, youth director, catechist, etc.) regarding innocence or guilt and appropriate disciplinary action in accord with the Diocese's Sexual Misconduct Policy;

 Review periodically the Sexual Misconduct Policy of the Diocese.

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Confidentiality.
In assisting the Bishop and diocesan administrators in arriving at the appropriate action following allegations of sexual misconduct by diocesan personnel, the work of the Review Board is confidential. When an allegation of sexual misconduct against a minor is judged credible, that allegation will be made public consistent with the diocese's commitment to transparency and openness.

VI. Investigation of Reported Incidents                 Back to the Top

Each reported incident will be immediately investigated, with care taken not to interfere with any civil or criminal 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 accused.

• A. No investigation should commence until local authorities have been notified and it is certain that the Bishop's Review Board's action would not interfere with law enforcement's investigation.
• B. When there is sufficient evidence that sexual abuse of a minor by clergy has occurred, the Congregation for the Doctrine of the Faith will be notified and the Bishop will relieve the alleged offender promptly of any ecclesiastical ministry or function pending the outcome of the process. The alleged offender may be requested to seek appropriate medical and psychological evaluation, so long as this does not interfere with the investigation by the appropriate ecclesial tribunal or civil authorities.
• C. When there is sufficient evidence that sexual abuse of a minor by non-clergy personnel of the Diocese has occurred, the alleged offender will be relieved of all responsibilities in the Diocese, parish, office, or institution and placed on administrative leave pending the outcome of the internal and any outside investigation.
• D. The alleged victim and the accused shall be encouraged to retain the assistance of civil and canonical counsel. When an accusation is made, the person accused should be interviewed. The accused should be informed that anything he or she says may be used against him or her in a criminal proceeding or in a civil lawsuit. The accused should be presented with a specific listing of allegations and be permitted to ask clarifying questions and respond to the allegations.

When investigations are appropriate, they should include interviews (which may be  recorded or handwritten) with the alleged victim, the accused and any witnesses.  Both the alleged victim and the accused shall be allowed to see and respond in  writing to all evidence in the case. 

•  F. Appropriate records will be kept by the Bishop's Review Board and appropriate diocesan supervisor of each incident reported, any investigation and the results thereof.

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• G. Notification of the incident shall be given to insurers in accordance with the  terms of applicable insurance policies.
•  H. Any media contact or inquiries regarding an incident of sexual misconduct should be directed to the diocesan Director of Communications.

VII. Confidentiality Agreements               Back to the Top

The Diocese will not enter into confidentiality agreements except for grave and substantial reasons brought forward by the victim and noted in the text of the agreement.

VIII. False Accusations and Unsubstantiated Claims                 Back to the Top

There is always the possibility of false accusations or unsubstantiated claims made for whatever reason. It is important for all diocesan personnel to know that both civil law and canon law provide penalties for the crime of falsehood in which individuals become victims of false denunciation, defamation or slander.

False allegations victimize the accused. When an accusation has proved to be unfounded, compassionate support should be extended to the accused acknowledging the suffering and humiliation the accused has endured due to this injustice. Assistance should be given to the falsely accused person, both by the Diocese and by that person's local faith community. Every step possible shall be taken to restore the good name of the person accused.

IX. Policy Distribution                 Back to the Top

• A. To Diocesan Personnel. This policy is to be distributed by the appropriate administrator (e.g., chancellor, pastor, parish life coordinator, principal, campus director) to all personnel listed in Section I.B. All such personnel shall sign an acknowledgment of receipt, understanding and acceptance of this policy.  A copy of the required receipt accompanies this policy.(See Appendix A)

Priests, deacons and parish life coordinators are to forward this form to the  Chancellor. All other personnel are to forward this form to their immediate  supervisor, or the head of their office/institution, or to the person hiring them.

• B. To the Public. The content of this policy and the procedures for reporting allegations of sexual misconduct will be posted on the diocesan web site. Information regarding the procedures for reporting allegations will be periodically published in the diocesan newspaper, in the bulletins of all parishes of the Diocese, and in the publications of all schools of the Diocese.

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X. Policies that relate specifically to Sexual Abuse of Minors                  Back to the Top

A. Education.   The Diocese will establish “safe environment” programs that address    issues of sexual misconduct, reporting obligations and appropriate boundaries.  The Diocese will cooperate with parents, civil authorities, educators and community organizations to provide education and training for children, youth, parents, ministers, educators and others about ways to make and maintain a safe environment for children.  The Diocese will make clear to all members of the community the standards of conduct for all diocesan personnel in positions of trust with regard to sexual abuse. ( See Section XI, Standards of Conduct.)
       
All Diocesan personnel are required to attend a Diocesan Safe Environment Training program.  “Diocesan personnel” means clergy, parish life coordinators, religious, seminarians, and all diocesan employees.  Additionally, all volunteers who have regular contact with minors are required to attend this Diocesan Safe Environment program one time. 

 Anyone is encouraged and welcome to attend the safe environment programs held     in the Diocese.

B. Background and Reference Checks for those who have Contact with Minors.      Section II.B of this policy concerns background and reference checks for all paid     employees of the Diocese whether or not such employees have regular contact with minors. Similar background and reference checks are required for all diocesan personnel (see definition, Section I.B. of this policy), including volunteers, who have regular contact with minors. Specifically, the Catholic Center, parishes and all other institutions of the Diocese will utilize the resources of law enforcement and other community agencies in evaluating the background of diocesan personnel who have regular contact with minors. Each background and reference check must include at least contact with the Missouri Division of Family Services and the Missouri State Highway Patrol. The State of Missouri form that may be used for this purpose is attached to this policy as Appendix B.
         
C. Reporting to Civil Authorities.  The Diocese will report allegations of sexual abuse of a person who is a minor to the civil authorities and will fully cooperate in their investigation in accord with the laws of the State of Missouri.

1. Who Must Report.  In general, every person with responsibility for the care of minors is required to make a report.  This includes but is not limited to teachers, principals, other school officials, youth ministers, day care center workers, childcare workers or social workers (in addition to health care personnel, mental health professionals and others). In addition, members of the clergy are required to report unless to do so would violate
   

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   A privileged communication made to them in their professional capacity as spiritual advisors, confessors or comforters. In the interest of protecting our children, the Diocese also strongly encourages those individuals who are not mandated reporters under Missouri law to report instances of suspected child abuse as well.

   2.  What Requires a Report. A person is required to report when he/she            has reasonable cause to suspect that a minor has been or may be subjected to abuse or neglect or observes a minor being subjected to conditions or circumstances which would reasonably result in abuse or neglect. (Note that the obligation to report child abuse and neglect is 
   broader than issues of sexual misconduct.)

         3.   To Whom the Report Must Be Made.

• a. To Public Authorities. A staff member, such as a teacher, day are worker, or social worker must report to the person immediately in charge (e.g., the principal, pastor or agency director) when such staff member learns of abuse or neglect in his/her staff or professional position. The person in charge then becomes responsible for further internal reporting in accordance with these procedures with a report ultimately being required to be made to the Missouri Division of Family Services if indicated by the circumstances. Anyone else required to report (including a teacher, social worker, etc., learning of abuse or neglect outside of his/her staff or professional position) must report directly to the Missouri Division of Family Services. Reports to the Missouri Division of Family Services may be made by calling:  1-800-392-3738.

• To the Diocese. Any violation of this policy must also be reported by diocesan  personnel to the Diocese for internal action and follow-up. A verbal report to  the appropriate diocesan supervisor (e.g., the Diocesan Superintendent of  Schools) shall be followed immediately by a written report with a copy to the Chancellor or his designate. The diocesan reporting form to be used is attached  to this policy as Appendix C.

 4. When Report Must Be Made. The report must be made to the Division of      Family Services by the person legally responsible for making the report immediately upon receiving a report of child abuse or other information regarding child abuse which gives him/her reasonable cause to suspect that a child has been or may be subjected to abuse or neglect.  Reports of sexual abuse must be made within twenty-four hours.

5.   Failure to Report. Failure to report suspected child abuse by a person legally required to do so may subject the person to probation, a fine, and/or imprisonment.

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D.  Action Where Guilt Determined. 

1.  Any non-clergy personnel of the Diocese who admits to, does not contest, or is found guilty of an incident of sexual abuse shall be immediately terminated from employment and any position of responsibility within the Diocese.

2.  Where sexual abuse by clergy is admitted or is established after an appropriate investigation in accord with canon law (see Essential Norms for Diocesan Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons), the following will pertain:

• a.   The offending priest or deacon will be permanently removed from ministry for even a single act of sexual abuse of a minor–past, present, or future.  An offending priest or deacon will be offered professional assistance for his own healing and well-being, as well as for the purpose of prevention.
• c. In every case, the processes provided for in canon law must be observed, and the various provisions of canon law must be considered (cf. Canonical Delicts Involving Sexual Misconduct and Dismissal from the Clerical State, 1995; cf. Letter from the Congregation for the Doctrine of the Faith, May 18, 2001).  These provisions may include a request by the priest or deacon for dispensation from the obligation of holy orders and the loss of the clerical state, or a request by the Bishop for dismissal from the clerical state even without the consent of the priest or deacon.  For the sake of due process, the accused is to be encouraged to retain the assistance of civil and canonical counsel.  When necessary, the Diocese will supply canonical counsel to a priest or deacon.
• d. If the penalty of dismissal from the clerical state has not been applied (e.g., for reasons of advanced age or infirmity), the offender is to lead a life of prayer and penance.  He will not be permitted to celebrate Mass publicly, to administer the sacraments, to wear clerical garb, or to present himself publicly as a priest.

3.  No priest or deacon who has had a credible allegation of sexual abuse made against him will be transferred to another diocese for residence.

E.  To Promote Healing and Reconciliation.  The Diocese will reach out  to every person who has been the victim of sexual abuse as a minor by anyone acting in the name of the Church, whether the abuse was recent or occurred many years in the past.  This outreach will include provision of counseling, spiritual assistance, support groups, and other social services agreed upon by the victim and the Diocese.  In cooperation with social service agencies and other churches, support groups for victims/survivors and others affected by abuse will be fostered and encouraged by the Diocese and local parish communities.

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The Diocese will respond promptly to any allegation where there is reason to believe that sexual abuse of a minor has occurred. The Assistance Coordinator will aid in the immediate pastoral care of persons who claim to have been sexually abused as minors by clergy or other diocesan personnel.

Through pastoral outreach to victims and their families, the bishop will offer to meet with them. This pastoral outreach by the bishop will also be directed to  faith communities in which the sexual abuse occurred.

XI. Standards of Conduct                 Back to the Top

 Diocesan Personnel in General. All diocesan personnel who work within the entities of the Diocese of Springfield-Cape Girardeau are called by God to build up the body of Christ in holiness and love. Their words, acts and demeanor toward  each other and toward those for whom and with whom they work should reflect the  gospel message of dignity, respect and obedience to the commandments of the Church.

Prevention through Proper Behavior relating to Minors. All diocesan personnel are to be prudent in relating to children and adolescents. All diocesan personnel  are to be aware of behavior that could put a child or adolescent at risk, or be open to misinterpretation by others, or lead to sexual misconduct. Situations that could lend themselves to opportunities for sexual misconduct, or even the  perception of the opportunity for sexual misconduct, should always be avoided.   These situations include: spending a night with a child or adolescent in the same accommodation, having a minor as a sole companion on a trip, or continually seeking out the companionship of a particular child or adolescent.

Diocesan personnel working with, or in a supervisory position with minors, should  include the following among their personal standards of conduct: