Diocesan Guidelines Diocese of Fredericton

Anglican Church of Canada
Diocese of Fredericton
Sexual Misconduct Policy and Procedure

Applicable to Clergy and Laypersons, Including Officers, Members and Volunteers

1.    Preamble
2.    Policy
3.    Definitions
4.    Principles
5.    Prevention
6.    How to proceed with complaints of sexual assault or sexual harassment of adults
7.    Sexual assault or sexual harassment of children, vulnerable adults, or adolescents - special concerns
8.    Discipline
9.    Updating Process

Appendices

Appendix “A” - Flowchart of Procedures with a Complaint Involving Abuse of a Child
Appendix “B” - Flowchart of Procedures with a Complaint Involving Abuse or Harassment of Adults
Appendix “C” - Confidentiality
Appendix “D” - Media Relations
Appendix “E” - Pastoral Care
Appendix “F” - Mediation Agreement
Appendix "G" - Compliance Form

i)    We affirm that every human being is created in the image of God who has made us for loving, covenantal relationships with our Creator, others and the world.  We believe that our peace arises out of right relationships.  Our personal dignity, freedom and bodily integrity are ensured by faithfulness to just covenants of mutual entrustment, care and respect.  Such covenants undergird the moral framework of our communal life, responsibilities and entitlements.

ii)    We further acknowledge that children, adolescents, the infirm and elderly are particularly vulnerable to the tragic consequences of broken covenants and abusive treatment.  Special care must be taken to protect their individual rights and personal integrity.

iii)    There is universal agreement that respect, reverence and mutuality are necessary in all human relationships.  This agreement about the fundamentals of human relations, including sexual relations, leads to a firm judgment and condemnation of sexual abuse and exploitation ...

Sexual abuse is self-gratification by exploitation.  It makes an impersonal object of the other person, abusing both the person and sexuality itself.  Abuse occurs in a wide range of sexual activities:  always in rape and child molestation, usually in adultery and prostitution and sometimes even in marriage.  Sexual abuse also occurs in the socially subtle aspects of sexism and in sexual harassment of employees in the workplace.  The Church must be clear about these violations of sexual intimacy.  It must be explicit in its teaching about these particular aberrations of sexual relations, aggressively proactive about its social policy and action touching on these areas, and forthright in dealing with violations in its own community.  (Lambeth Conference Report, 1988)

i)    The Diocese of Fredericton undertakes to ensure that all activities, work and pronouncements with which it is engaged uphold the values of love, truth and justice and are demonstrably free from    violence, coercion, and discrimination.
ii)    It is our policy that sexual assault, sexual harassment, or sexual abuse of any kind, whether to an adult, adolescent or child, male or female, by or to any clergy and lay persons, including officers,  members and volunteers, will not be tolerated.
iii)    We will actively try to prevent such occurrences and deal with any accusations promptly, seriously and systematically, in cooperation with proper authorities where appropriate.
iv)    Because clergy and lay persons, including officers, members and volunteers, work and deal with people in and from a variety of ecclesiastical and civil jurisdictions, both within and outside of Canada, attention will be paid to the need of differing situations, where possible.
v)    Particularly in relationships of trust where power and authority and confidentiality are
dynamic, the greatest of care will be expected to be exercised to avoid taking advantage of trust, or abusing power and the responsibility of authority.
vi)    At all times an ethic of mutual respect, responsibility and caring, as well as modeling
wholeness and healthy sexuality in relationships, will be the goal.  We will practice, advocate and educate to that end.
vii)    Adherence to this policy is seen and understood as a mandatory and vital component of our life and work together as clergy and lay persons, including officers, members and volunteers of the Diocese of Fredericton. This policy applies to, but is not limited to, the following: The Diocesan Synod of Fredericton, including its officers and employees, members of the Diocesan Council and its committees, parishes and Parish Corporations, including Rectors, Church Wardens and Vestries, and Parish corporation officers, members, employees and volunteers.

 i)     Sexual harassment shall refer to any attempt to coerce an unwilling person into a sexual relationship, or to subject a person to persistent unwanted sexual attention, or to punish a refusal to comply, or to reward compliance.
ii)     Sexual harassment must be understood as an exploitation of a power relationship, rather than as an exclusively sexual issue.
iii)     Sexual harassment may involve a wide range of behaviours from verbal innuendo and subtle suggestions to overt demands and unwanted inappropriate physical contacts of a sexual nature. It may be an incident or a series of incidents. It is behaviour of a sexual nature that is known or
ought reasonably to be known as behaviour that is unwanted or unwelcome.
iv)    Sexual harassment includes actions which contribute to an environment that is "poisoned" by suggestive pictures or cartoons, and/or other offensive acts. Sexual harassment is prohibited by federal and provincial law.

For the purposes of this policy, a “sexual assault” is an assault which happens in circumstances of a sexual nature and violates the sexual integrity of the person who is assaulted.
These definitions and principles shall be considered when applying this definition and this policy:
    1. An "assault" happens when:
        a) one person applies force to another person or threatens to apply force
        b) intentionally, and
        c) without consent.
    2. The assault will be "aggravated" if the person who is assaulted is wounded, maimed or disfigured or his or her life is endangered.
    3. In deciding if an assault is sexual, many factors may be considered including the part of the body touched or threatened to be touched, the situation in which it occurred, the words and gestures of the person alleged to have committed the assault and any words and gestures of the person alleged to have been assaulted.
    4. Gender is not relevant to a determination of whether a sexual assault has occurred.
    5. Sexual Offences are described in Part V and Part VIII of the Criminal Code of Canada and some of those offences are:

 i)    For church workers (lay or ordained, paid or volunteer), sexual misconduct is defined as sexual harassment, sexual misconduct, sexual exploitation, sexual abuse or any other sexual activity or conduct (including but not limited to sexual intercourse) in which the church worker takes advantage of the vulnerability of a person under her or his pastoral care or other guidance or leadership. Such behaviour, whether it appears to be initiated by the church worker or by the person under care or leadership, shall be deemed to be sexual misconduct.

i)    Sexual exploitation is a term to describe behaviour which may incorporate sexual harassment, assault or abuse, and sexual misconduct. It focuses on the power of the perpetrator in relation to the vulnerability of the victim and refers to the act of taking advantage of such vulnerability for one's own pleasure/gain.

i)    Confidentiality will be respected, except where the law demands otherwise, or where others are at risk.
ii)    An accused person will be presumed innocent until proven guilty.
iii)    Both complainants and respondents have the right to be represented by legal counsel or other representative of their own choice.
iv)    All complaints will be taken seriously and will be investigated as quickly as possible. All time frames specified in this policy shall be strictly adhered to unless an extension is consented to by the Secretary of Synod, the complainant and the respondent, such consent not to be unreasonably withheld.
v)    Nothing must be done to interfere with a criminal investigation.
vi)    A complaint of sexual assault or abuse of children shall be reported to civil authorities immediately and in accordance with the laws of the appropriate jurisdiction.
vii)    Preserving the safety and well-being of a complainant, or others who might be affected, will be a priority.
viii)    The Diocese of Fredericton will do all it can to preserve the safety of the places of work for clergy and lay persons, including officers, members and volunteers.
ix)    Any action taken will be done with pastoral sensitivity, upholding confidentiality, unless required to disclose by law or where safety issues exist, or waived by the parties.
x)    Everyone is entitled to pastoral care.
xi)    No person or persons shall knowingly make a false or vexatious complaint.  To intentionally make such a complaint will be treated in itself as a form of harassment subject to this policy.

i)    The Officers of the Synod and the Diocesan Council will take responsibility for education both about sexual assault and sexual harassment and about this policy among clergy and laypersons, including officers, members and volunteers.
ii)    The same groups will strive to make the place of work for clergy and lay persons, including officers, members and volunteers, free from sexual assault and sexual harassment.
iii)    This policy and any other policies addressing harassment will be explained to clergy and laypersons, including officers, members and volunteers. The members of the clergy, lay officers of Synod and the lay members of the Diocesan Council are required to sign a written agreement (Appendix "G") in compliance with this policy.
iv)    When clergy and lay officers of Synod and lay officers of the Diocesan are hired, agreement to comply with all personnel policies of the church including those about sexual assault and sexual harassment is required in writing as a condition of employment.
v)    When volunteers for the Diocesan Council, or Diocesan or Parish Corporation committees and other senior offices are chosen, a written agreement to comply with this policy is required.
vi)    Part of the orientation for Parish Corporations, the Cathedral Chapter, Synod officers and staff, and the Diocesan Council will include a review of this policy and the procedures for making complaints.
vii)    Training for understanding of acceptable and unacceptable behaviours and orientation to the policy will take place within six months of the adoption of this policy, and thereafter at least once every two years.  Special training will take place for chairs of committees and task forces each triennium.
viii)    The Secretary of the Synod shall have the responsibility to oversee the orientation of new staff and ongoing training of staff concerning the workplace issues of harassment, discrimination, gender sensitivity, sexual misconduct and ethical behaviour.

i)    In the case of sexual harassment, it is expected that the person responsible for the harassment be informed simply and clearly that it is unacceptable behaviour and must stop.  Where there is an allegation concerning the abuse or harassment of children, this process is precluded and all complaints are referred to the appropriate external authorities.  (See Appendix "A")
ii)    During this informal process stage, a person who feels that he/she is being harassed may request help from the first line designate listed below to assist with the communication to the person responsible for the harassment.  Decisions about future action of any sort will be made by the person complaining in a confidential atmosphere, except if the person hearing the complaint believes that the individual complaining or anyone else is at risk.  (See Appendix “B”)

iii)    The first line designate shall complete a written record of the concern raised, action taken, and the outcome of the contact.  This record shall be sent to and/or retained in confidence by the Secretary of the Synod.  The Secretary of the Synod shall retain in a central record all informal complaints made or referred to him/her under the policy.

i)      Diocesan Sexual Misconduct Committee:
The Diocesan Council shall appoint a Diocesan Sexual Misconduct Committee (hereinafter referred to as "the Committee") that shall consist of four members as follows, two being a quorum:
The Diocesan Council shall designate the Chair of the Sexual Misconduct Committee.  The Sexual Misconduct Committee may enlist the services of an experienced investigator and/or mediator from a Panel of Investigators and/or a Panel of Mediators appointed by the Diocesan Council.  The Diocesan Council will appoint a Panel of Independent Fact Finders each triennium to assist with any complaint filed during that triennium.
ii)    If the complainant wishes to proceed to the Formal Process, the complaint shall be made in writing to the first line designate (listed above) with a copy to the Secretary of the Synod. The help of the first line designate may be sought to assist with this initial stage of the formal process.  The complaint letter needs to contain some particulars of the behaviour, but need not be exhaustive in its level of detail.  The letter should request that the complaint be investigated.
iii)    If a complaint is made against the Secretary of the Synod, it should be filed with the Senior Archdeacon who does not hold the office of Secretary of the Synod.
iv)    If a complaint is made against the Bishop, it should be filed with the Metropolitan.
v)    All first line designates are to advise the Secretary of the Synod of the complaint immediately upon its receipt, and the Secretary of the Synod will immediately advise the accused person of the complaint and its particulars, no later than three (3) working days after receiving the complaint.
vi)    The Secretary of the Synod will ensure an investigation is commenced immediately by the  Committee.
vii)    Any and all written complaints shall be forwarded to the Secretary of the Synod’s office and the Secretary of the Synod shall retain in a central record all written complaints made or referred to him or her under the policy.  All employees shall have full access to a written complaint filed against them and retained in the Secretary of the Synod’s records.
viii)  The Secretary of the Synod may refer a matter falling under the scope of this Policy to the  Committee on his or her own motion; i.e., notwithstanding that no complaint has been filed.

i)    The Committee will complete the investigation on its own or through an independent fact finder and a written fact finding report shall be prepared within four weeks of the written complaint being filed.
ii)    Pastoral care and counseling assistance will be offered to the complainant and the respondent.  However, the person(s) doing the investigation cannot be a person(s) who will provide pastoral care and counseling to the complainant or respondent.
iii)    The investigation report will record the specific details of the incident(s).  The written fact
finding report will contain information gathered from the complainant, the respondent and others, party to the alleged incident(s):
            •    the allegation - clearly described
            •    the response to the allegation - clearly described
            •    identified and confirmed facts related to the incident(s)
            •    alleged but unconfirmed statements related to the incident(s)
            •    a factual conclusion, if possible
            •    deductions from existing facts
            •    recommendations from verified facts
iv)    The process may be halted at any point during the investigation by the person complaining and upon the withdrawal of the complaint.
v)    The Committee shall submit its fact finding report and recommendations for remedial action, to the Secretary of the Synod, within six weeks of its receipt of a written complaint.

i)    The Secretary of the Synod, within one week of the receipt of the written fact finding  report and recommendations, will make a finding on whether the complaint is substantiated or not, or, if appropriate, refer it to mediation.
ii)    If the Secretary of the Synod determines the complaint has been substantiated, appropriate discipline and/or remedial actions are to be taken at his or her discretion, which could include referral to criminal proceedings.  If criminal proceedings result the procedure contained in these guidelines shall come to a halt until the criminal matter is resolved.
iii)    The Secretary of the Synod, the Committee or any independent fact finder or mediator, shall not in any circumstances advise the complainant that the procedure under this policy is a substitute for proceeding with criminal, civil, or administrative proceedings outside the policy.  The complainant will be advised of rights to counsel in order to take outside action.

i)    The Diocesan Council each triennium will appoint a Panel of Mediators to assist with any complaint filed during that triennium.
ii)    If the matter is referred to mediation both parties will be advised of their right to independent legal advice and the right to have their counsel or advisor attend at mediation.  The Diocese of Fredericton shall be responsible for the costs of the mediation including the mediator and the parties shall be responsible for their own legal expenses.
iii)    If the matter is referred to mediation no action shall be taken by the Secretary of the Synod and both parties agree not to initiate any civil procedure or human rights complaint until the mediation process is completed.  If civil procedures have been commenced, both parties agree to suspend further action until the mediation process is completed.
iv)    The mediation process is to be expedited as quickly as possible and shall be completed no longer than one month after the investigation report was filed with the Secretary of the Synod.
v)    If the mediation process fails, the Secretary of the Synod shall take whatever action s/he deems appropriate. This action may include dismissing the charge or imposing appropriate discipline.
vi)    After mediation is completed either party to the complaint may take their complaint at their own expense for adjudication with the appropriate secular authorities.  (See Appendix "B")
vii)    An appeal of the Secretary of the Synod’s decision may be made to the Bishop within thirty (30) days of the Secretary of the Synod’s decision by filing a written request with reasons for the appeal.  The Bishop shall respond within two (2) weeks of the receipt of the written request for appeal.
viii)    Following the mediation, the Secretary of the Synod will then determine the course of action.  This may include imposing appropriate discipline.
ix)    Written records will be kept for a minimum of ten (10) years in confidential files.
x)    All the deliberations will be kept confidential within the stated guidelines as outlined in Appendix “C.”

i)    A report of the incident(s) may be made to the human rights commission, police, or other civil authority.

i)    Those who observe or know of incidents of sexual harassment or sexual assault have the responsibility to assist in making the workplace free from sexual assault and sexual harassment.  Anyone having knowledge of or observing such incidents may encourage the person harassed or assaulted to begin the process of complaint, or share their concerns with a first line designate or the Secretary of the Synod to discern any further steps that may be appropriate.

i)    The law requires that complaints of sexual assault or sexual harassment of children must be reported immediately to the appropriate child protection agency in the Province.  Complaints concerning vulnerable adults must be reported immediately to the appropriate body.
ii)    Suspicion of assault or harassment requires similar reporting if there are "reasonable grounds".
iii)    The Diocese of Fredericton will co-operate with authorities in their investigation.
iv)    No further internal investigation by the Diocese will proceed at this time in order to not jeopardize the criminal investigation.  However, legal and counseling help may be offered.
v)    Pastoral care for the respondent and the respondent's family will be offered.  Pastoral care for the church community affected will be provided.
vi)    A staff person under investigation under this section may be immediately suspended, with or without pay, which decision shall be in the complete discretion of the Secretary of the Synod.
vii)    A volunteer under investigation under this section may be immediately suspended from such volunteer activity, with the terms of that suspension to be determined at the discretion of the Secretary of the Synod.
viii)    Therapeutic or pastoral help will be offered quickly to the child's or vulnerable adult's family and the vulnerable adult or child, in person, by the Secretary of the Synod.
ix)    Balancing protective action, correct legal response, pastoral care and confidentiality will be challenging and will require consultation with experts.
x)    A clergy, layperson, employee or volunteer found guilty of sexual assault of a child or vulnerable adult in the criminal or civil court process will be dismissed from employment and/or removed as a volunteer with the Church.
xi)    If the investigation is inconclusive, or if the accused is found not guilty, other appropriate action may still be considered by the Secretary of the Synod in consultation with the Committee.

i)    Care will be taken to determine whether the involvement of parent(s) or guardian(s) is appropriate.
ii)    If it is determined that section 7(a) does not apply, the adolescent complainant may follow the procedures outlined in section 6.

i)    Appropriate discipline and/or remedial actions may include: caution, warning, censure with probation and possibly rehabilitation, suspension with or without terms, dismissal from employment, or removal from a volunteer position with the Diocese of Fredericton.
ii)    The Secretary of the Synod shall render his/her decision in writing on the discipline to
be invoked and provide a copy to the complainant and respondent, and give reasons for the discipline invoked.
iii)    Should a complaint be found to be falsely made and malicious in nature, discipline may be imposed on the complainant.
iv)    Records of formal proceedings and discipline will be retained for at least ten (10) years.
v)    Recommendations for future employment elsewhere will include reference to the cause of dismissal for sexual misconduct.

i)    The Secretary of the Synod shall report on the use of this policy at each regular meeting of the Synod. The report shall include statistics on the number of complaints made pursuant to this policy since the last report, the number of complaints resolved and in what manner they were resolved. The report may include recommendations from the officers of the Synod regarding any proposals to modify this policy.
ii)    These procedures will be monitored by the Diocesan Council, on an as needed basis, but at least every two (2) years.

Revised by Diocesan Council
17 January 2007