Responsible Ministry and Policies
POLICY AND PROCEDURE FOR CLERGY SEXUAL ABUSE AND/OR MISCONDUCT
The protection of children and vulnerable persons is part of the very mission of the Church. We are each called to insure that members of our church community are able to practice their faith in a safe environment, confident that the clergy and the faithful are committed to their protection, safety, and well being.
This Policy and Procedure has as its goals:
- the prevention of abuse,
- the care of the victim,
- the investigation of allegations, and
- the appropriate action toward those who have committed abuse.
This webpage provides information about the Policy and Procedure and the links to the documents in their entirety.
POLICY STATEMENT
It is the policy of the Diocese of Peterborough to enforce procedures which prohibit and strive to prevent all acts of abuse or misconduct in the Diocese at any time. Acts of misconduct and/or abuse have a profoundly harmful impact upon the victims, families, and communities, and they thwart the apostolic mission entrusted to the Church.
All allegations of misconduct and/or abuse will be investigated. The investigative processes of this Policy and Procedure are based on the presumption of innocence, due process, and fairness. Outside of a court or judicial process, guilt is determined on the balance of probabilities and not beyond a reasonable doubt. Where the guilt of a respondent has been determined as a result of this process, appropriate canonical disciplinary measures will be taken.
The Diocese of Peterborough will cooperate with police, child protection authorities, and civil investigators. An admission of guilt/culpability or a determination of guilt in the civil/judicial sphere may result in criminal penalties imposed by a court and/or may be used in the ecclesiastical process to follow.
VISUAL OF THE STEPS OF THE PROCESS
DESCRIPTION OF THE PROCESS STEPS
Incident
The conduct of a cleric, religious brother, religious sister, employee, or volunteer gives rise to an allegation of abuse or misconduct.
Reporting an Allegation
An allegation of sexual misconduct and/or abuse on the part of clergy, employees, or volunteers is reported to the Bishop’s Delegate. If required under the applicable legislation, it will be reported to the Police Services and/or the Children’s Aid Society.
Immediate Response
Legal reporting requirements will be fulfilled immediately.
After being advised of the allegation, a respondent who is a cleric may be placed on an administrative leave (canon 1722). Staff may be suspended from employment or volunteers may be suspended from ministry.
In the case of a cleric, an alternate and appropriate residence may be assigned during the investigation.
In the case of a cleric, his faculties to preach may be removed (canon 764), and if he is a priest, the right to hear confessions may also be removed (canon 974). He may be forbidden the exercise of any public ministry, including the public celebration of the Eucharist, and he may be instructed to cease wearing clerical garb.
The respondent may be instructed to have no further contact, direct or indirect, with certain individuals, identified by name or in some other way including parish residency.
The Bishop has the discretion to consult with the Advisory Committee at any point in the process.
Investigation
The investigation will be carried out under the direction of the Bishop’s Delegate in accordance with this Policy and Procedure.
Where there is an admission of guilt, the care of the person(s) bringing forward the allegation will receive immediate attention which may include the provision of counselling, etc. This may also apply in situations where the allegation is credible in the opinion of the Bishop’s Delegate or where the respondent is deceased or too ill to respond.
The care of all those impacted by the allegation will continue to be supported as appropriate.
Address and Resolve Complaint
The decision of the Bishop will determine how the complaint is addressed and resolved. This part of the process will impact and involve those making the allegation, the clergy, religious, or layperson against whom the allegation has been brought, the parish communities impacted by the allegation, and all others impacted by the allegation.
Depending on the outcome of the investigation, the consideration of the Advisory Committee and the decision of the Bishop, the respondent, whether a member of the clergy or a lay person, may or may not be returned to ministry or employment.
Further steps as determined by Canon Law may be part of the ongoing response.
WEB LINKS TO THE COMPLETE DOCUMENTS
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LETTER OF PROMULGATION, June 29, 2021
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POLICY AND PROCEDURE FOR CLERGY SEXUAL ABUSE AND/OR MISCONDUCT, June 29, 2021
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