4.   Training for Members who work with minors

a.   Members shall review the Ethics in Ministry Policies and agree in writing to comply with the province Code of Ethics (see appendix)

b.   Members who work with minors must participate in training that addresses their role in protecting minors.

5. One member’s concerns about the behaviors of another

a)      A brochure will be given to each member with a resume of the to-do’s and the don’t-do’s plus a code of ethics. Such a brochure provides the occasion for a member to voice his concern about the behavior of another.

b)      Document the behavior considered an unhealthy breaking of boundaries. One does not need to await corroboration before reporting.

c)       It is better to sign such a letter to the superior but an unsigned statement will be honored

d)      Inform the major superior immediately who will ask to see the member and ask for an explanation; there may be others for whose evidence the major superior could ask.

e)      If the behavior was as is described, at least the major superior will ask the member to refresh his knowledge of the policy and guidelines; other and more serious responses may be justified.

6. Supervision of Programs that Involve Minors

a)      Programs for minors in which Members are involved, must be supervised by at least two adults, (see ratio noted above 2 f and c) below)

b)      Members in leadership roles shall be aware of all programs for minors that are sponsored by their parish, school or agency.

c)       Special to Sacred Hearts Retreat Center, Wareham: “Clearly, should a parish community use our facilities, we would expect them to conform to the policies of their diocese.   Should, another congregation of religious, a private school or group use our facility, we would expect them to conform to the policies that they will have established for their organizations. Should their organization have no set policies, we would expect them to conform to ours.” (Cited from input received from the Team at Wareham). Leaders hosting a program will monitor them to see that they are adequately supervised.  2. Response: Policy and Procedures

 Policy

Every allegation will be taken seriously. Both the civil law rights and the rights accruing from Canon Law need to be upheld.  There will be a major concern for the confidentiality and  privacy  with respect to both the victim and the accused.

 The utmost sensitivity is called for here since, although most policies promise to redress the reputation of one falsely accused, there is general recognition that a person’s life is changed forever when an accusation is made.

 This policy will be interpreted in connection the policies of the diocese where the religious lives, or of the diocese where the alleged action took place. There are considerations of the policies in place if the religious is employed outside the Congregation. Likewise, in a widely dispersed Province, members of the Congregation need to know the law of various states (or nations).

 There are many interests at stake in the case of an allegation. The Congregation will look to the retention of the appropriate counsel for the various interests which may at times be conflictual. Thus, beyond its own counsel, the Congregation will provide a lawyer for an accused brother and a canon lawyer as needed. Furthermore, the insurance company’s right to have legal representation different from that for the Congregation will be respected. In all these relationships, there will be attention given primarily to find what is fair and just for both the plaintiff and defendant.  The aim is an honest search to know the truth of an allegation and to find a way to bring healing to the victim and the proper legal treatment to the perpetrator of the crime.

 Communication at a time of crisis, both within and without the Congregation, needs to be clear, succinct and respectful both of the victim, the alleged perpetrator and the Congregation’s own identity. It is understandable that there will be always a desire to avoid shock and scandal. Our policy, however, assumes that the greater scandal is not to tell the truth at all times. People who are victimized are re-victimized when the truth of their situation is not publicly acknowledged. 

 Community members will be informed of allegations against a brother considered to be non-frivolous. The Congregation will inform church officials in Dioceses possibly impacted by the investigation. The Provincial or his representative will speak for the Province to the press and interested parties. All communication will set forth the general lines of this policy and show how we intend to be faithful to our policy in handling any one situation. Matters under litigation will not be discussed although pertinent facts affecting public safety (for example, the temporary removal of a religious from his assignment) will be made known.

Procedures 

1. Reporting Abuse of Minors or Minors or Vulnerable Adults

1. Any Member shall report known or suspected current abuse of minors or vulnerable adults to civil authorities within 48 hours regardless of state mandatory reporting laws.

2 .In addition to reporting to the civil authorities, Members shall report any suspected or known abuse of minors or vulnerable adults that may have been perpetrated by Members directly to the Major Superior. Reports of suspected or known abuse may be made confidentially (unless otherwise required to be disclosed by canon law) to any of the following:

             a.         The chair of the Review Board

             b.         The Local Superior;

             c.         The Major Superior;

             d.         The Superior General;

3.   An anonymous, specific and verifiable letter of concern may be sent to any of the above.     Anonymous concerns will be investigated to the extent that is feasible based on known     information.

4.   All new allegations of sexual abuse that may have been committed by a Member or other agent of the Province shall be promptly reported to civil authorities in the jurisdiction in which the alleged incident occurred.

a. Allegations of sexual abuse will be reported to civil authorities regardless of whether the person making the accusation is a minor or an adult at the time the allegation is received.

b. Allegations of sexual abuse will be reported to civil authorities regardless of whether the accused Member is living or dead, or whether he is a current or former Member of  the Province.

c. Allegations of sexual abuse will be reported to civil authorities regardless of whether the alleged victim’s identity is known.

d. Allegations of sexual abuse will be reported to civil authorities regardless of whether  the allegations are believed to be credible at the time they are received.

5.   If abuse of a minor is confirmed through investigation, civil authorities shall be re-contacted and a follow-up report will be submitted, if requested. If further investigation indicates the allegation is not credible, civil authorities will be contacted to provide the additional information.

 6.   If the alleged victim is a minor at the time the allegation is received, his or her identity will be provided to the civil authorities. If the alleged victim is an adult at the time the allegation is received and consents, his or her identity will be provided to the civil authorities. If the alleged victim is an adult at the time the allegation is received and does not consent to having his or her identity revealed, the alleged victim’s identify will not be disclosed.

 7.   Files of allegations will be created at the time the allegation is received and will contain information about how the allegation was handled.         

             8.    The Province will cooperate fully with investigations by civil authorities.

 2   Responding to Incidents and Allegations of Sexual Abuse

Allegations of sexual abuse may come from a variety of sources, including alleged victims or their family Members, diocesan offices, Members of the community, a colleague in the workplace or from an alleged perpetrator. Because each case is distinct, the following is a general outline of the response system for allegations of abuse but is not a procedure that is to be followed in the same way for each unique case. The process is to be modified according to the nature of the allegation, the needs of the alleged victim and the circumstances of the accused Member. In every case, the Province commits itself to dealing pastorally with, and protecting the rights of, all those involved.

A. Initial Response

           1.         The Major Superior (or his delegate) shall receive allegations of sexual abuse and coordinate    assistance to anyone who brings an allegation of abuse by a Member of the Province.

           2.         When an allegation of abuse is first received, the Major Superior shall attempt to gather sufficient information to complete a preliminary report. The information would include the following:

a.         Name of the alleged victim;

 b.         Age of alleged victim;

 c.         Address and phone number of alleged victim;

 d.         Name of alleged perpetrator;

 e.         Approximate dates of alleged abuse;

 f.          Nature, type and location of alleged abuse;

 g.         Any additional relevant details.

3.         Upon receipt of an allegation of sexual abuse of a minor, the Major Superior will promptly follow Province reporting procedures. (see Reporting Procedures).

4.         The Major Superior and the Province will cooperate fully with any investigation by civil authorities.

5.         The Major Superior will offer to meet in person with the alleged victim if he or she so desires. The Major Superior will maintain a compassionate and pastoral manner regardless of the demeanor of alleged victim, recognizing that the experience of abuse and difficulty of coming forward may bring out strong emotions during the disclosure process.

6.         An Assistance Coordinator may be assigned to assist with the immediate and ongoing needs of individuals who have experienced abuse and their families.

7.         The Major Superior will notify the accused Member of the allegation and its substantial details. He will take steps to ensure that the accused Member receives the support and assistance he needs while the allegation is being investigated. This support may take the form of assigning a mentor for the accused.

8.         The Major Superior will inform the accused Member of his right to seek canonical and civil counsel before any further conversation into the matter. The Province recognizes that the Member may need assistance to engage such counsel.

B.         Internal Investigation

1.         During investigations by civil authorities or by the Province, the Member who is the subject of the investigation will be temporarily removed from ministry responsibilities and duties.

2.         The Major Superior will designate an Investigator to independently gather information regarding the allegations. In the cases of verified or undisputed allegations, an investigation will be conducted to identify any other potential victims and to obtain information to inform the on-going supervision plans for the Member who has abused.

3.         In order to fulfill his responsibilities, the Major Superior will consult with the Review Board at each juncture of the process and will convene the Board within 48 hours of receiving the final report from the Investigator.

4.         Should a Member be found guilty of sexual misconduct, the Province will provide for the pastoral care of the victim and the victim’s family.

5.         In the case of a Member found guilty of sexual misconduct, the Province will also provide for the pastoral care and treatment of the Member, offering him fraternal support in whatever penalties are imposed upon him by the legal system or restrictions imposed upon him by the Province.

6.         Should an allegation be unsubstantiated, the Province will reinstate the accused Member to  ministry and will work towards the restitution of his good name.

7.         Province investigations will be documented. Documentation of province investigations will be stored in the office of the Major Superior. A summary of the investigation findings will be stored in the personnel file of the Member who is the subject of the investigation.

8.         Documentation of investigations is the property of the province and shall remain with the office  of the Major Superior following election of a new Major Superior.

9.         The Major Superior will usually assign an Investigator to review the allegations, question the parties involved, and act as the representative of the Province.

            a.         The Investigator will advise any parties that he/she represents the Province and that  conversations with the Investigator are not subject to any attorney /client privilege.

            b.         The Investigator will advise the parties that, although pastoral care is available, the Investigator will not be the one to provide that care.

c.         The Investigator, who shall obtain statements from the parties and any witnesses, will keep the Major Superior informed regarding the status of the investigation.

10.       The Major Superior will maintain contact with the accused Member throughout the entire process.

11.       When he has received the completed investigation report, the Major Superior will present the results of the investigation to the Member for response.

C.         Decision-Making

1.         Upon the conclusion of the investigation, the Major Superior will exercise his judgment in delivering an appropriate response. If the accused Member has admitted to the substance of the allegation, or in those cases where the allegation continues to be deemed credible or has been substantiated, the Major Superior’s response could include any of the following:

            •           psychological and medical assessment and intervention;

            •           restrictions on community life and personal activities;

            •           limitations imposed on ministerial activities, including total removal from

                       public ministry.

2.         In cases where the allegation has been deemed credible or has been substantiated, the Major  Superior will contact the appropriate diocesan offices to communicate the nature of the allegation and to inform the diocese of the procedure followed and the response of the Major Superior to the allegation.

3.         In cases where an allegation of sexual abuse of a minor is substantiated, the Member may not return to public ministry.

4.         If an allegation is deemed to be without merit, the Major Superior will coordinate communication with all appropriate parties so that reconciliation can take place where possible and repair of damage to reputations can be undertaken.

5.         In all instances, the final disposition of the matter rests with the Major Superior, always recognizing:

            • The Member’s right to appeal to Superior General.

• It is the Major Superior’s responsibility to communicate his decision to the person who made the complaint, to the Member involved, and to other parties, including Superior General, as necessary and appropriate.

6.         If at any time during the course of implementing these procedures, civil or criminal proceedings are initiated against the accused Member, these procedures may be suspended immediately, to be resumed, if deemed necessary, only after the completion of the civil or criminal proceedings. In such a case, the Major Superior’s delegate shall recommend to the Major Superior a possible course of action with respect to the accused Member, in keeping with the intention of these procedures and in the interests of justice.

D.  Victim’s Assistance Coordinator

Rationale for position: “… the Province will provide for the pastoral care of the victim and the victim’s family.”

1. The provincial will appoint a brother to assist victims. The position is by definition part time and will be maintained by the same person over a long period of time.
2. The position is pastoral and the stance of the person in this position will need to be compassionate, non judgemental  and non defensive.
3. The assistant will know the policy thoroughly and will explain it to victims.
4. The assistant prepares the situation for the Major Superior to express the concern and anguish of the Congregation that a person has been abused and the responsibility of the Congregation when the identity of the alleged perpetrator is verified.
5. The assumption is that the person alleging violation was indeed hurt although the identification of the perpetrator may take some time to verify.
6. The assistant brings requests of the victim to the Congregation and presents the arguments for the requested aid.
7. The assistant will not commit the Congregation to any course of action until he is sure that the Congregation is committed to it.
8. The assistant will stay in contact over time until it is clear that the victim is freely no longer asking for help. Later experiences may trigger further pain. The assistant is one who is understanding of a recurring need to talk.

3. Review Boards:  Appendix 1 is available upon request for details on Review Board and on Regional Review Board.

 Supervision: Policy and Procedures

Policy

 The Congregation is committed to seeing every allegation through to resolution. In the situation where the religious is found guilty of the crimes alleged, the Congregation is committed to letting the civil and canonical adjudication take its course. Canon law provides sufficient norms for the handling of religious in terms of  episcopal approval for public ministry. Likewise Canon law addresses the demands of maximum supervision. Where in the judgment of the Review Board, a religious fails to honor a safety plan, worked out according to the norms of Praesidium, the civil authorities will be promptly informed of the danger to public safety and this may involve incarceration.

 It may be that the declaration of the innocence of the religious may need to be formally drawn up by the Congregation’s legal team. In a situation of non-pursuance of an allegation or acquittal by a court, the complainant remains hurt. In virtue of its charism of reparative love, the Congregation will, within its means, help the victim bring healthy closure to his or her cry for help. The Congregation will strive to restore the good name of the brother.

Procedures

                   These procedures describe the elements of a pastoral care framework which will be developed for each Member of the Province about whom a credible accusation of sexual abuse has been made. Most of these procedures address cases where the accusation is that of abuse of a minor vulnerable person.

 The purpose of this framework is to:

•    assure the Church and the public, especially children and minors, of all reasonable measures to prevent any future occurrence;

•    provide a structure within which the Member can continue his life in the Order as a vowed Member of a religious community;

•    provide appropriate care for the Member and the opportunity for such personal conversion and rehabilitation as may be needed;

•    guide superiors, the Member, and others in determining work, place of residence, and other activities;

•    encourage Member communities in welcoming and supporting the Member in his desire to continue his life as a Member within this

framework; and

•    assure Member own communities of both proper care and appropriate limits with respect to their brothers in the Order.

                  It is intended that all of the elements below be adapted in a Safety Plan for each Member, depending on such factors as severity of the accusation(s), notoriety, age and health of the Member, and the recommendations of the Province’s Review Board. The framework, however, sets out the elements to be developed in writing for each Member, reviewed by the Review Board, and shared with the Member, his superiors, and, as appropriate, Members of his local Member community. The Safety Plan shall be signed by the Member and the Major Superior.

A.  Evaluation and Therapy

1.   A Member about whom a credible accusation has been made may be asked to submit to a professional evaluation as to his psychological condition and proclivity to harmful behavior in the future.

2.   The Member is free not to undergo an evaluation. If the Member agrees to undergo an evaluation, the Major Superior or his delegate will arrange for the evaluation.

3.      Subsequent to that evaluation, the Member may be asked to participate in such in­patient and/or out-patient treatment as recommended by the evaluating professionals, as well as such other physical, psychological, and spiritual rehabilitation as may be recommended by such professionals or the Review Board, as well as the terms of his Safety Plan.

4.       The Member may be required to report to the Major Superior in writing periodically (e.g., monthly, quarterly or annually, as appropriate to the situation), describing his  progress in terms of work, therapy, spiritual direction, community life, and such other matters as may be appropriate.

5.      Information resulting from such evaluation, treatment and correspondence is the property of the Member. He may agree to make it available to the Major Superior or he may decline to do so.

6.      A Member may further agree to have the information available to the Review Board.

   7.  Any information about a Member who has been accused of abuse shall be kept confidential by those receiving it, except as required by law to be revealed.

B.  Public Ministry as a Member

1.    An ordained Member found to have abused a minor or vulnerable person would not be allowed to function publicly as a priest or deacon, including public celebration of the sacraments, use of the title “Father” or “Reverend” in public communications, and the wearing of clerical attire.

2.    In the case of a Brother, he would not be allowed to function publicly in external ministry associated with a religious congregation (e.g., school teaching, coaching, parish staff work) or use of the title “Brother” in public.

3.    No clerical or distinctive religious attire would be allowed for a Priest or Brother who has abused a minor.

4.    For a Member credibly charged with sexual abuse of an adult, the Major Superior will consider the nature and circumstances of the allegation and the advice of the Review Board in determining removal from, suspension from, or return with restrictions to public ministry.

C.  Appropriate Work

1.    If physically and mentally able, the Member who has been removed from public ministry should engage in appropriate work in support of the ministries of the Province or in other service to people in need.

Such employment might include the; following:

•    internal work in a community of the Province, such as a place of retirement;

•    administrative work for the Province;

•    remunerative non-ministerial work to support the ministries of the Province;

•    service to people in need such as writing to prisoners, taping books for the sight-impaired;

•    telephone reassurance programs for shut-ins, working in a food bank or soup kitchen, or some other form of supervised social services.

2.   Where appropriate, Members restricted or removed from public ministry may need vocational assessment and/or occupational counseling to assist in determining meaningful and useful work. The Major Superior should consult with the Member involved to determine his interests and capacities and to promote his initiative in developing work opportunities, where appropriate.

3.   In all cases, the service of prayer for the Congregation and the Church would be a valuable contribution to the Congregation.

D.  Place of Residence

1.   Any restricted Member would be allowed to live only in a Member community or other appropriate supervised place of residence, as determined by the Major Superior.

2.   No separate apartment, private home, or other domicile would be allowed as a permanent residence for the Member.

 E. Community Support and Community Roles

1.   The local community can and should play an important part in helping a Member who has been restricted and who wishes to continue his life as a Member.

2.   After a Member has submitted to evaluation and appropriate treatment, Member communities should welcome the restricted Member as a brother.

3.   It may also be appropriate for a mentor to be appointed for the Member who would assist and support him in his efforts to maintain his program of care and treatment.

4.   A restricted Member, within the community, as allowed by Canon Law, would be permitted to celebrate the Eucharist only with Members present, lead community prayer, hear confessions of Members only, and perform community jobs and other responsibilities.

5.   A restricted Member would not be allowed to serve as Superior. A restricted member must have the specific permission of the Major Superior, to serve as minister of the community or community consulter.

6.   Upon the recommendation of the Major Superior, the local superior shall, as appropriate, inform all or part of the community in which such a Member shall live of the fact that a Member is so restricted and the appropriate specific terms of his Safety Plan, so that the community can assist him in achieving its goals.

7.   Communities may need the advice and consultation of appropriate professionals to assist the community is readying itself to receive the restricted Member and to provide him the necessary care and support.

F.  Contact with Others

1.   Under no circumstances would a Member, credibly accused of abuse of a minor, be allowed any contact with minors without the ongoing supervision of other adults present at the time.

2.          Similar prohibitions may be applied to a Member credibly accused of abuse of an adult.

G.  Travel, Vacation, Retreat

1.   For a Member credibly accused of abuse of a minor, vacations alone or with minors, even supervised, would not be permitted. Vacation should be restricted to Member communities or travel with other Members.

2.   Retreats in locations alone would not be permitted, and retreats would be restricted to Member or other Catholic retreat facilities or Member communities.

3.   Other travel will be restricted to assigned work or family visits; if appropriate, a Member companion for travel also may be required.

4.   Additional specific permissions for travel will  be required from the Major Superior.

5.   Doubts about specific travel should be referred by the local superior to the Major Superior. Again, similar prohibitions may be applied to a Member credibly accused of abuse of an adult.

H. Driving

I.    Restrictions will be placed on driving alone or having use of a personal vehicle.

2.      Restricted Members will be required to request specific permissions for use of house cars from the local superior, to keep a driving log or to only drive with other Members.

                       I. Publications and Publicity

1.   Restrictions on publications, letters to the editor, web-pages, radio and television appearances, and email may be appropriate.

2.   Sensitivity for victims would dictate caution with regard to photographs of Members displayed in Member publications and institutions, especially those in service to minors.

3.   In some cases a Member’s use of mail and phone may need to be regulated.

J.  Information for Members and Others

1.   The Major Superior, in consultation with the Review Board, will determine whether and/or how to inform the Province Membership—in general terms—of those Members who have been restricted.

2.   The Major Superior, in consultation with the Review Board, will determine whether and/or how to inform others who may have a need to know —in general terms—of those Members who have been restricted.

SS.CC. Web Mail

Contact Information: Congregation of the Sacred Hearts of Jesus and Mary

Provincial Headquarters:  77 Adams Street,  P.O. Box 111,  Fairhaven, Massachusetts 02719-0111

Phone:  508 993-2442    |    Fax:  508-996-5499   |  Email:  Sacred Hearts Congregation contact

  Webmaster: Jack Iddon