Manual of Policies Concerning Sexual Misconduct of Clergy or Lay Ministers
Episcopal Diocese of Newark

Revised 1998

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TABLE OF CONTENTS

Introduction

Sexual Misconduct Defined

Prohibition and Stricture

Diocesan Policy for Responding
to Complaints

Appendices

(A) New Jersey Code of Criminal Justice

NJ Law on Child Abuse

(B) Canon 17 and Canon 18 of the Diocese of Newark

(C) Process for Clergy Screening

(D) Clergy Wellness

(E) Bibliography and Referrals

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INTRODUCTION

O Lord my God, I am not worthy to have you come under my roof; yet you have called your servant to stand in your house, and to serve at your altar. Enlighten my understanding with the light of your Holy Spirit; and may all the desires of my heart and will center in what you would have me do. Make me an instrument of your salvation for the people entrusted to my care, and grant that I may by my life and teaching set forth your true and living Word.

- Celebration of a New Ministry, PB1979

THE BASIC POLICY OF THE DIOCESE OF NEWARK IS SIMPLY STATED:

SEXUAL MISCONDUCT IS HARMFUL AND UNACCEPTABLE BEHAVIOR
AND WILL NOT BE TOLERATED IN THE DIOCESE OF NEWARK.


The Church has always recognized that those who are chosen for ordained ministry bear a particular responsibility to pattern their lives according to Jesus' example. Not only are bishops, priests and deacons regarded by the faithful as examples of what a Christian life should be but any moral offense by clerics or by laity entrusted with pastoral and educational ministries is especially hurtful because it betrays that trust committed to them by the Church to nurture and care for every member.

In recent years, it has become clear that some clergy and lay ministers have engaged in sexual misconduct, which has hurt those very persons entrusted to their care. Unfortunately, in the past, instances of sexual misconduct were often denied by church authorities or dealt with secretly. Frequently, offenders were sent on to another congregation or diocese while victims were neglected or even blamed and congregations ignored. Such a response fails to implement the standards of justice and Christian love that God requires of the Church, and prevents the healing that is necessary so that new life may be known.

The Church desires to confront the fact of sexual misconduct by its trusted leaders. In part, the change in the Church's attitude has been the result of greater awareness in American society of the problems of sexual abuse and harassment. Several states have enacted legislation that makes sexual misconduct by certain professionals, including clergy, grounds for criminal or civil action.

The growth in tort liability litigation has had an effect and some actions against churches have succeeded in obtaining large amounts of money as damages. In one case, an Episcopal diocese was found liable for the sexual misconduct of a priest to the amount of more than $1.2 million.

Many denominations are responding to the issue of sexual misconduct. In the Episcopal Church, the Office of Pastoral Development offers advice on general policies as well as help in specific situations. A special office in the Church Pension Group has been established as well.

In the Diocese of Newark, a task force empowered by the Convention recommended the creation of a Standing Commission on Clergy Ethics, which was adopted by the 1992 Diocesan Convention. Although the Commission originally was created to work exclusively with the clergy, the Church is also concerned about the behavior of its lay employees. Parishes will be held accountable for sexual misconduct as defined in this manual by all those who are in their employ. Procedures were developed to investigate charges of ethical impropriety on the part of the clergy in financial as well as sexual areas. Those procedures have been superceded by the revisions to Title IV of the Canons of the Episcopal Church in 1994 and 1997.

In 1992 and 1993 the issues of sexual abuse, harassment and exploitation gained more attention throughout the church. Action by the Church Life Insurance Company resulted in the demand for the creation of a manual as part of a preventive strategy to be read by any clergy seeking ordination or redeployment, as well as by church workers other than Sunday School teachers, especially those who are engaged in working with young people.

This manual developed by the Diocese of Newark is required reading for all such church leaders. The manual is commended as well to the people of the Diocese. It has as its purpose education on the issues related to sexual misconduct, with special concern for the prevention of incidents, and the protection of potential victims.

For the purposes of the policy in this manual, "pastoral relationships" are defined broadly as those situations in which trust is given to a religious leader-- i.e.: the rector of a parish or the adult leader of a youth group. Pastoral counseling or spiritual direction involve the more intense, one-on-one relationships in which the pastoral relationships are complicated by psychological transference.

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SEXUAL MISCONDUCT DEFINED

Sexual Abuse

Sexual Harassment

Sexual Exploitation


Sexual misconduct may constitute either sexual abuse, sexual harassment or sexual exploitation.

Sexual Abuse

For the purposes of this policy, sexual abuse is sexual involvement or contact by a cleric or lay leader with a person who is a minor or who is legally incompetent. This definition includes rape. Sexual abuse is a criminal offense in New Jersey and must be reported to law enforcement officials. It is Diocesan policy to make such reports immediately and to cooperate fully with law enforcement officials in investigating any allegations of sexual abuse.

Sexual Harassment

For the purposes of this policy, sexual harassment is an unacceptable form of employment discrimination.

Unwelcome sexual advances, requests for sexual favors, verbal or physical conduct of a sexual nature constitute sexual harassment when:

1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment.

2) Submission to or rejection of such conduct by individuals is used as the basis for employment decision affecting such individual.

3) Such conduct has the purpose or effect of unreasonable interference with an individual's work performance, or creates an intimidating, hostile or offensive work environment.

Sexual harassment includes, but is not limited to, unwelcome and/or persistent sexually-oriented humor or language, questions or comments about sexual behavior, preference or orientation, unwelcome or undesired physical contact, inappropriate comments about clothing or physical appearance, or repeated requests for social engagements or interaction, in a situation where there is an employment, mentor or colleague relationship between the people involved, including aspirants, postulants and seminarians sponsored by, or working in, this diocese.

Sexual Exploitation

For the purposes of this policy, sexual exploitation is a betrayal of trust in a pastoral, professional or ministerial relationship. Sexual exploitation is also contact of a physical nature between adults in an unequal power relationship that may involve inappropriate touching, embraces or assault. Sexual exploitation includes activity such as dating during the course of a counseling relationship, kissing, touching breasts or genitals, verbal suggestions of sexual involvement or sexually demeaning comments by a leader, or sexual intercourse.

Clergy should be aware that due to the imbalance of power existing between them and parishioners, the development, or the attempted development, of a sexual or romantic relationship between a religious leader and a person with whom the leader has a pastoral relationship has the potential of becoming sexually exploitive.

When a single, divorced or widowed cleric begins a dating relationship with a parishioner, supervisee, or any other person with whom the cleric has a pastoral relationship, the couple shall inform the bishop and the wardens and/or vestry or other supervisor that this relationship has begun. The cleric shall terminate the pastoral role with the person he or she is dating, and shall support the person in seeking pastoral care from another cleric.

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PROHIBITION AND STRICTURE

The Diocese of Newark strictly prohibits interaction with children or youth by anyone with a civil or criminal record of child sexual abuse or who has admitted prior sexual abuse or anyone known to have a paraphilic diagnosis (e.g. pedophilia, exhibitionism, voyeurism) as defined by the American Psychiatric Association.

Understanding the importance of training and hiring qualified personnel for the Church's work, the Diocese of Newark will comply with guidelines developed by the Commission on Ministry for background checks on all aspirants, postulants and candidates for ordination, as well as those clergy involved in the parish deployment process.

Background checks will be made of all volunteers who regularly supervise youth activities (excluding unpaid Sunday School teachers), and employees, within the confines of permissible law, prior to employment, to determine current or historic allegations, criminal records or paraphilic behavior.

Current and new clergy, all employees, and anyone providing ongoing pastoral care or supervising youth ministries or activities must attend at least four hours of initial training and education on issues of child abuse and other sexual misconduct in church settings. They must receive a summary of current child abuse statutes and reporting requirements.

All clergy and employees must attend at least four hours of initial training on issues of sexual harassment in employment, mentor, and colleague relationships and sexual exploitation in pastoral relationships, and an additional four hours on sexual abuse of children.

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DIOCESAN POLICY FOR RESPONDING TO COMPLAINTS OF CLERGY SEXUAL MISCONDUCT

GENERAL

All complaints of sexual misconduct as defined in this manual will be referred to the Standing Committee for investigation in accordance with the provisions of Title IV.

PROCEDURES

1. If any person has a complaint against clergy of the Diocese of Newark, they are advised to notify either the Standing Committee or the Bishop.

2. If members of the clergy receive accusations of unethical conduct against them, they are advised to report them promptly to the Standing Committee and/or the Bishop..

3. If members of the vestry or executive committee of a parish or mission have become concerned that actions of their clergy may have ethical implications that threaten the well-being of the parish or mission, they are encouraged to ask the assistance of the Standing Committee in investigating the matter.

4. Charges of sexual misconduct by clergy or laity that come to the Bishop shall be referred by him to the Standing Committee.

5. The Standing Committee shall thereafter proceed in accordance with the provisions of Title IV of the Canons of the Episcopal Church and the Canons of the diocese (Canon 17, The Ecclesiastical Court and Canon 18, The Presentment and Trial of a Presbyter or Deacon.

6. All Charges of Sexual Abuse shall also be referred to appropriate
law enforcement officials having jurisdiction.

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APPENDIX A

NEW JERSEY CODE OF CRIMINAL JUSTICE 2C:24-5

Chapter 24. OFFENSES AGAINST THE FAMILY, CHILDREN AND NCOMPETENTS

2C:24-4. Endangering Welfare or Children. a. Any person having a legal dutyfor the care of a child or who has assumed responsibility for the care of a child who engages in sexual conduct which would impair or debauch the morals of the child, or who causes the child harm that would make the child an abused or neglected child as defined in R.S. 9:6-1, R.S. 9:6-3 and P.L. 1974, c. 119, §l (C. 9:6-8.21) is guilty of a crime of the third degree. Any other person who engages in conduct or who causes harm as described in this subsection to a child under the age or 16 is guilty of a crime of the fourth degree.

b. As used in this subsection:
(1) "Child" shall mean any person under 16 years of age.
(2) "Prohibited sexual act" means
(a) Sexual intercourse; or
(b) Anal intercourse; or
(c) Masturbation; or
(d) Bestiality; or
(e) Sadism; or
(f) Masochism; or
(g) Fellatio; or
(h) Cunnilingus; or
(i) Nudity, if depicted for the purpose of sexual stimulation or gratification of
any person who may view such depiction.

(3) Any person, including any parent, guardian, or other person legally charged with the care or custody of a child, who causes or permits a child to engage in a prohibited sexual act or in the simulation of such an act if the person knows, has reason to know or intends that the prohibited act may be photographed, filmed, reproduced, or reconstructed in any manner or may be part of an exhibition or performance is guilty of a crime of the second degree.

(4) Any person who photographs or films a child in a prohibited sexual act or in the simulation of such an act or who uses any device to reproduce or reconstruct the image of a child in a prohibited sexual act or in the simulation of such an act is guilty of a crime of the second degree.

(5) Any person who knowingly receives for the purpose of selling or who knowingly sells, procures, manufactures, gives, provides, lends, trades, mails, delivers, transfers, publishes, distributes, circulates, disseminates, presents, exhibits, advertises, offers or agrees to offer any photograph, film, video tape or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, is guilty of a crime of the second degree.

(6) For purposes of this subsection, a person who is depicted as or presents the appearance of being under the age of 16 in any photograph or film shall be rebuttably presumed to be under the age of 16.

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9:6-3.9. "Abused child" defined. For purposes of this act:
"Abused child" means a child under the age of 18 years whose parent, guardian, or other person having his custody and control
a. Inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ;
b. Creates or allows to be created a substantial or ongoing risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted loss or impairment of the function of any bodily organ; or
c. Commits or allows to be committed an act of sexual abuse against the child;
d. Or a child whose physical, mental, or emotional condition has been impairedor is in imminent danger of becoming impaired as the result of the failure of his parent or guardian, or such other person having his custody and control, to exercise a minimum degree of care
(1) in supplying the child with adequate food, clothing, shelter, education, medical or surgical care though financially able to do so or though offered financial or other reasonable means to do so, or
(2) in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or substantial risk thereof, including the infliction of excessive corporal punishment 'or using excessive physical restraint under circumstances which do not indicate that the child's behavior is harmful to himself, others or property; or by any other act of a similarly serious nature requiring the aid of the court-,
e. Or a child who has been willfully abandoned by his parent or guardian, or such other person having his custody and control;
f. Or a child who is in an institution as defined in section 1 of P.L. 1974, c. 119 (C. 9:6-8.21) and (1) has been so placed inappropriately for a continued period of time with the knowledge that the placement has resulted and may continue to result in harm to the child's mental or physical well being...

9:6-3.10. Reports of child abuse. Any person having reasonable cause to believe that a child has been subjected to child abuse or acts of child abuse shall report the same immediately to the Division of Youth and Family Services by telephone or otherwise. Such reports, where possible, shall contain the names and addresses of the child and his parent, guardian, or other person having custody and control of the child and, if known, the child's age, the nature and possible extent of the child's injuries, abuse or maltreatment, including any evidence of previous injuries, abuse or maltreatment, and any other information that the person believes may be helpful with respect to the child abuse and the identity of the perpetrator.

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APPENDIX B

CANON 17

THE ECCLESIASTICAL COURT


1. COMPOSITION

There shall be an Ecclesiastical Court for the trial of a Priest or Deacon which shall be composed of four (4) Priests or Deacons elected by the Convention for a term of four (4) years and three (3) Lay Persons, who are confirmed adult communicants of this Church in good standing, elected by the Convention for a term of three (3) years. No member of the Court may be a member of the Standing Committee. The Court shall appoint not less than one nor more than three Lay Persons who are confirmed adult communicants of this Church in good standing, learned in the law, as Assessors.

2. VACANCIES

a. The death, disability rendering a person unable to act, resignation or declination to serve as a member of an Ecclesiastical Court shall constitute a vacancy on the Court. Notice of resignations or declinations to serve shall be given by members of the Court in writing to the Presiding Judge of the Court. If any Priest elected to the Ecclesiastical Court is elected a bishop, or if any lay person elected to the Ecclesiastical Court is ordained prior to the commencement of a Trial, that person shall immediately cease to be a member of the Ecclesiastical Court. If either event occurs following the commencement of a Trial, the person shall continue to serve until the completion of the Trial and the rendering of a Verdict thereon. Vacancies, other than for cause under subsection b of this Canon, occurring in any Ecclesiastical Court shall be filled by the remaining members of the Court until the next meeting of the Convention.

b. Members of the Ecclesiastical Court may be challenged by either the Accused or the Church Attorney for cause stated to the Court. The Court shall determine the relevancy and validity of challenges for cause. Vacancies caused by challenges determined by the Court shall be filled by majority vote of the court from persons otherwise qualified for election under these Canons. Vacancies filled by the Court shall be from the same order as the person challenged was when first elected to the Court.

c. Any member of the Ecclesiastical Court may recuse himself or herself from any Trial. Any vacancy caused by such recusal shall be filled by majority vote of the Court from persons otherwise qualified for election under these canons. Vacancies filled by the Court shall be from the same order as the recused person was when first elected to the Court.

3. ORGANIZATION

Annually within two (2) months following the Convention the Court shall organize itself to include the election of a Presiding Judge from among its members. The Court shall also choose a Clerk, and, if necessary, Assistant Clerks who shall be Priests or Deacons or adult confirmed communicants in good standing of this Church and who shall serve at the pleasure of the Court. The Ecclesiastical Court shall also appoint a Reporter who shall provide for the recording of the proceedings and who shall serve at the pleasure of the Court.

4. QUORUM

Five (5) members of the Court shall constitute a quorum.

5. DUTIES OF THE LAY ASSESSOR

The Assessors shall sit with the Court to advise it upon questions of law, procedure or evidence.

6. THE CHURCH ATTORNEY

A Church Attorney shall be appointed by the Standing Committee with the advice and consent of the Ecclesiastical Court for a term of three (3) years. The Church Attorney shall be a confirmed adult communicant of this Church in good standing, learned in the law, and admitted to practice law in the State of New Jersey. The Church Attorney may not be the Chancellor or a Vice Chancellor of the Diocese or a member of the Standing Committee or the Diocesan Council and may not be from the same law firm as the Chancellor, the Clergy Consultant, or any Lay Assessor.

7. THE CLERGY CONSULTANT

A Clergy Consultant shall be appointed by the Standing Committee with the advice and consent of the Ecclesiastical Court for a term of three (3) years. The Clergy Consultant shall be a confirmed adult communicant of this Church in good standing, learned in the law, and admitted to practice law in the State of New Jersey or a Priest, chaplain or other person familiar with the procedures, alternatives, requirements and consequences of the disciplinary Canons. The Clergy Consultant may not be the Chancellor or a Vice Chancellor of the Diocese or a member of the Standing Committee or the Diocesan Council and may not be from the same law firm as the Chancellor, the Church Attorney, or any Lay Assessor. The Consultant shall be available to consult with and advise the Priest or Deacon and his or her legal advisors at reasonable times prior to the issuance of a Presentment. The Consultant shall explain the rights of the Priest or Deacon and the alternatives available under this Canon. A Priest or Deacon shall be notified of the availability and identity of the Consultant at the earliest of (a) the communication to the Priest or Deacon of a Charge; (b) any interrogation or request for a statement; (c) the service of a Temporary Inhibition; (d) submission to the Ecclesiastical Authority; or (e) prior to the Execution of a Waiver and Voluntary Submission to Discipline. All communications between the Consultant and the Priest or Deacon, or his or her legal advisors shall be Privileged Communications. No Consultant shall be required to respond to any questions regarding any Priest or Deacon for whom the Consultant has acted as a Consultant. The expenses of the Consultant shall be the obligation of the Diocese.

8. RIGHT TO COUNSEL

In all proceedings under the disciplinary Canons, whenever a Priest or Deacon suspected of an offense is required or permitted to appear, the Priest or Deacon shall have the right to be represented by counsel of her or his own choice. This right shall be in addition to the right to the advice and assistance of the Clergy Consultant.

9. DUTY TO APPEAR, RESPOND AND GIVE TESTIMONY

Except as otherwise expressly provided by Canon, it shall be the duty of all Members of this Church to appear and testify or respond when duly served with a Notice or Citation by the Standing Committee or the Ecclesiastical Court in any matter arising under the disciplinary Canons of this Church.

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CANON 18

THE PRESENTMENT AND TRIAL OF A PRESBYTER OR DEACON

A. PRESENTMENTS

1. A Presentment to the Ecclesiastical Court may be issued only by the Standing Committee as provided in this Canon.

2. A Charge against a Priest or Deacon shall be in writing, verified and addressed to the Standing Committee of the Diocese wherein the Priest or Deacon is canonically resident, except as otherwise expressly provided in this Title. It shall concisely and clearly inform as to the nature of and facts surrounding each alleged Offense.

3. A Charge may be made:
(a) by a majority of the lay Members of the Vestry of the Parish of which the Accused is the Rector; or
(b) by any three Priests canonically resident in the Diocese wherein the Accused is canonically resident or canonically resident in the Diocese wherein the Accused is alleged to have committed the Offense; or
(c) by any seven adult communicants in good standing in the Diocese wherein the Accused is canonically resident or in the Diocese wherein the Accused is alleged to have committed the Offense; or
(d) in a case where the alleged Offense is the violation of Ordination vows involving the disregard or disobedience of a Pastoral Direction issued by a Bishop, only by that Bishop or the Ecclesiastical Authority of that Diocese, or by another Bishop, if the Bishop who issued the Pastoral Direction has resigned, retired, or died or is unable to act; or
(e) in a case where the Offense alleged is a Charge specifying the Offenses of Crime, Immorality or Conduct Unbecoming a Member of the Clergy, by any adult who is (i) the alleged Victim, or (ii) a parent or guardian of an alleged minor Victim or of any alleged Victim who is under a disability, or (iii) the spouse or adult child of a Victim; or
(f) in a case where the Offense alleged is that of holding and teaching publicly or privately any doctrine contrary to that held by this Church only, by a majority of the members of the Standing Committee of the Diocese in which the Priest or Deacon is canonically resident or of the Diocese wherein the Accused is alleged to have committed the Offense; or
(g) by a majority of the Standing Committee of the Diocese in which the Priest or Deacon is canonically resident or of the Diocese wherein the Accused is alleged to have committed the Offense whenever the Standing Committee shall have good and sufficient reason to believe that any Priest or Deacon has committed the Offense; or
(h) the Ecclesiastical Authority of the Diocese in which the Accused is alleged to have committed the Offense, if different from the Diocese of canonical residence.

4. If a complaint or accusation is brought to the Bishop by any adult who is (i) the alleged Victim, or (ii) a parent or guardian of an alleged minor Victim or of an alleged Victim who is under a disability, or (iii) the spouse or adult child of an alleged Victim of an Offense of Crime, Immorality or Conduct Unbecoming a Member of the Clergy, the Bishop, after consultation with the alleged Victim, the alleged Victim's spouse, or the alleged Victim's parent or guardian or adult child, may appoint an Attorney to assist those persons in understanding and participating in the disciplinary processes of this church, obtain assistance to formulate and submit an appropriate Charge and in obtaining assistance in spiritual matters, if the alleged Victim, spouse, parent or guardian or adult child so choose. Any alleged Victim or Complainant may be represented by an attorney and/or advocate of their choice.

5. Whenever the Bishop has sufficient reason to believe that any Priest or Deacon canonically resident in this Diocese has committed an Offense and the interests and good order and discipline of the church require investigation by the Standing Committe, the Bishop shall concisely and clearly inform the Standing Committee in writing as to the nature of and facts surrounding each alleged Offense but without judgment or comment upon the allegations or guilt, and the Standing Committee shall proceed as if a Charge had been filed.

6. Any Priest or Deacon canonically resident in this Diocese who deems himself or herself to be under imputation, by rumor or otherwise, of any Offense or misconduct for whic he or she could be tried in an Ecclesiastical Court, may on his or her own behalf complain to and request of the Bishop that an inquiry with regard to such imputation be instituted. Upon receipt of such request by a Priest or Deacon, it shall be the duty of the Bishop to cause the matter to be investigated and to report the result to the Priest or Deacon.

7. Any Charge against a Priest or Deacon shall be promptly filed with the President of the Standing Committee.

8. Upon the filing of a Charge with the Standing Committee, the Standing Committee shall promptly communicate the same to the Bishop and the Accused.

9. In a case of a Priest or Deacon canonically resident in this Diocese convicted in a criminal Court of Record in a cause involving Immorality, or against whom a judgment has been entered in a civil Court of Record in a cause involving Immorality, the Priest or Deacon shall notify the Ecclesiastical Authority of the Diocese in which the Priest or Deacon is canonically resident, in writing, of such conviction or entry of judgment, within thirty days thereof, whether or not any time for appeal has expired. It shall be the duty of the Ecclesiastical Authority to give notice of the conviction or entry of judgment to the Standing Committee of the Diocese in which the Priest or Deacon is canonically resident, in which case, or if the Standing Committee shall otherwise have knowledge of such conviction or judgment, it shall be the duty of the Standing Committee to institute an inquiry into the matter. If the conviction or judgment be established, the Standing Committee shall issue a Presentment against the Priest or Deacon for Trial.

10. Within thirty days after the filing of a Charge, other than a Charge alleging a conviction in a criminal Court of Record in a cause involving Immorality or alleging the entry of a judgment in a civil Court of Record in a cause involving Immorality, the Standing Committee shall convene to consider the Charge. If after such consideration the Standing Committee determines that an Offense may have occurred if the facts alleged be true, the Standing Committee shall prepare a written general statement of the Charge and the facts alleged to support the Charge and transmit the same to the Church Attorney.

11. The Church Attorney shall promptly make an investigation of the matter.

12. Within sixty days after receipt of the statement from the Standing Committee, unless delayed for good and sufficient cause stated, the Church Attorney shall render a confidential Report to the Standing Committee of the findings of that investigation and as to whether or not an Offense may have been committed if the facts disclosed by the investigation be found to be true upon Trial, and with a recommendation as to the matter in the interest of justice and the good order and discipline of this Church and based upon such other matters as shall be pertinent. The Report of the Church Attorney shall be confidential for all purposes as between the Church Attorney and the Standing Committee. Provided, however, the Standing Committee shall share the Report of the Church Attorney with the Bishop of the Diocese.

13. Within thirty days after the receipt of the Report of the Church Attorney, the Standing Committee shall convene to consider the Report and whether or not a Presentment shall issue. In its deliberations, the Standing Committee may consider the Church Attorney's Report, responsible writings or sworn statements pertaining to the matter, including experts' statements, whether or not submitted by the Church Attorney. To assist in its deliberations, the Standing Committee may itself, or through a subcommittee of its members or others appointed by the Standing Committee, provide an opportunity to be heard to the Accused, the alleged Victim, the Complainant or other persons and receive additional evidence which it in its sole discretion deems appropriate. The Standing Committee may issue a Presentment for an Offense when the information before it, if proved at Trial, provides Reasonable Cause to believe that (i) an Offense was committed, and (ii) the Accused committed the Offense.

14. The vote of a majority of all the members of the Standing Committee shall be required to issue a Presentment. No member shall disclose his or her vote or the vote of any member to any person not a member of the Standing Committee. In the event that, due to members who have been excused or vacancies in office, the Standing Committee does not have sufficient voting members to meet the requirements of this Section, the action of the Standing Committee shall be postponed until such time as there are sufficient members in office to fulfill the voting requirements of this Section.

15. If a Presentment be issued, it shall be in writing, dated, and signed by the President or the Secretary of the Standing Committee on behalf of the Standing Committee, whether or not that officer voted in favor of the Presentment. In the event that there be no President or Secretary, or they be absent, a member of the Standing Committee appointed for that purpose shall sign the Presentment. The Presentment also shall contain (i) a separate accusation addressed to each Offense, if there be more than one, and (ii) a plain and concise factual statement of each separate accusation sufficient to clearly apprise the Accused of the conduct which is the subject of the Presentment.

16. Promptly after the issuance of a Presentment, the Standing Committee shall cause the original to be filed with the Presiding Judge of the Ecclesiastical Trial Court with a true copy thereof served upon the Bishop, the Accused, the Clergy Consultant, the Church Attorney and each Complainant and, unless waived in writing, the alleged Victim, and the Ecclesiastical Authority of the Diocese in which the Accused is canonically resident, in which the Accused is licensed, and in which the Accused resides.

17. If the Standing Committee votes not to issue a Presentment, then that decision shall be in writing and shall include an explanation. A copy shall be served upon the Bishop who shall file it with the Secretary of the Convention of the Diocese, the Accused, the Clergy Consultant, the Church Attorney, each Complainant, and unless waived in writing, the alleged Victim.

18. Prior to the issuance of a Presentment or a determination not to issue a Presentment as the case may be, the matter shall be confidential, except as may be determined to be pastorally appropriate by the Ecclesiastical Authority.

19. Non-compliance with time limits set forth in this Canon shall not be grounds for the dismissal of a Presentment unless such non-compliance shall cause material and substantial injustice to be done or seriously prejudice the rights of an Accused as determined by the Trial Court on motion and hearing.

B. TRIALS

1. Ecclesiastical Courts shall be governed by the Rules of Procedure set forth in Appendix A to the Canons of the Episcopal Church and other such procedural rules or determinations as the Ecclesiastical Court deems appropriate and not inconsistent with such Canons, and by The Federal Rules of Evidence in the conduct of the Trial.

2. The Ecclesiastical Court shall keep a record of the proceedings in each case brought before it and the record shall be certified by the Presiding Judge of the Court. If the record cannot be authenticated by the Presiding Judge by reason of the Presiding Judge's death, disability or absence, it shall be authenticated by a member of the Court designated for that purpose by majority vote of the Court.

3. The Ecclesiastical Court shall permit the Accused to be heard in person, and by the Clergy Consultant, and by counsel of the Accused's own selection. In every Trial the Court may regulate the number of counsel who may address the Court or examine witnesses.

4. (a) Upon receiving a Presentment, the Presiding Judge shall, within thirty days, send to each member of the Court a copy of the Presentment.
(b) The Presiding Judge of the Court shall, within not more than three calendar months from the Presiding Judge's receipt of the Presentment, summon the Accused to answer the Presentment in accordance with the Rules of Procedure.
(c) The Accused's answer or other response to the Presentment in accordance with the Rules of Procedure shall be duly recorded and the Trial shall proceed; Provided, that for sufficient cause the Court may adjourn from time to time; and Provided, also, that the Accused shall, at all times during the Trial, have liberty to be present, and may be accompanied by the Clergy Consultant or other counsel and one other person of his or her own choosing, and in due time and order to produce testimony and to make a defense.
(d) If the Accused fails or refuses to answer or otherwise enter an appearance, except for reasonable cause to be allowed by the Court, the Church Attorney may, no sooner than thirty days after the answer is due, move for Summary Judgment of Offense in accordance with the Rules of Procedure. If the motion is granted, the Accused shall be given notice that Sentence of Admonition, Suspension or Deposition will be adjudged and pronounced by the Court at the expiration of thirty days after the date of the Notice of Sentence, or at such convenient time thereafter as the Court shall determine. Sentence of Admonition, Suspension or of Deposition from the Ordained Ministry may, thereafter, be adjudged and pronounced by the Court.

5. In all Ecclesiastical Trials, the Church Attorney shall appear on behalf of the Standing Committee which shall then be considered the party on one side and the Accused the party on the other. Each Complainant or alleged Victim shall be entitled to be present throughout and observe the trial and for each to be accompanied by counsel or another person of his or her own choosing.

6. Before a vote is taken on the findings and in the presence of the Accused and counsel, counsel for the parties may submit requested proposed instructions. The Presiding Judge of the Ecclesiastical Court, after consultation with the Lay Assessors, shall declare which of the proposed instructions shall be issued and shall instruct the members of the court as to the elements of the Offense and charge them (i) that the Accused must be presumed not to have committed the Offense alleged until established by clear and convincing evidence, and unless such standard of proof be met the Presentment must be dismissed, and (ii) that the burden of proof to establish the the Accused's commission of the Offense is upon the Church Attorney in the name of the Standing Committee.

7. A separate vote shall be taken first upon the findings as to the commission of an Offense by the Accused. The Presiding Judge shall cause the accused, the Clergy Consultant, the Church Attorney, each Complainant, and, unless waived in writing, the alleged Victim to be advised of and provided with a copy of the findings of the Court.

8. For a Judgment that the Accused has committed an Offense, the affirmative vote of two-thirds of the Members of the Ecclesiastical Court then serving for that Trial shall be necessary. Failing such two-thirds vote, the Presentment shall be dismissed.

9. No vote shall be taken on the Sentence to be imposed until at least thirty days after the Priest or Deacon, the Clergy Consultant, the Church Attorney, each Complainant and, unless waived in writing, the Victim have been informed of the Judgment and each has had a reasonable opportunity to offer matters in excuse or mitigation or to otherwise comment on the Sentence. All matters in excuse or mitigation or comments on the Sentence shall be served on the Accused, Church Attorney, Complainants and, unless waived in writing, the Victim. The Court shall provide a reasonable time for response to the Court which shall also be served as provided above. The Court may schedule hearings on the submissions. The Members of the Court shall vote upon the Sentence.

10. The concurrence of not less than two-thirds of the members of the Ecclesiastical Court then serving for that Trial shall be necessary to adjudge and impose a Sentence upon a Priest or Deacon found to have committed an Offense. The Court shall then vote upon a Sentence to be adjudged and imposed upon the Priest or Deacon and the decision so signed shall be recorded as the Judgment of the Court. The decision of the Court as to all the Charges shall be reduced to writing, and signed by those who assent to it.

11. The Judgment and any Sentence adjudged on a Judgment shall be communicated promptly to the Bishop of the Diocese wherein the Trial was held, the Ecclesiastical Authority, if there be no Bishop, the Standing Committee, the Ecclesiastical Authority of the Diocese in which the Priest or Deacon is canonically resident, the Priest or Deacon, the Clergy Consultant, the Church Attorney, each Complainant, and, unless waived in writing, the Victim.

C. TEMPORARY INHIBITIONS

1. If a priest or deacon is charged with an Offense or Offenses or serious acts are complained of to the Bishop that would constitute the grounds for a Charge of an Offense and, in the opinion of the Bishop, the Charge is supported by sufficient facts, the Bishop may issue a Temporary Inhibition.

2. Any Temporary Inhibition shall: (i) be in writing, (ii) set forth the reasons for its issuance, (iii) be specific in its terms, (iv) define the Offense or Offenses charged or serious acts complained of, (v) describe in reasonable detail the act or acts inhibited, (vi) be promptly served upon the Priest or Deacon to be inhibited, and (vii) become effective upon being served upon the Priest or Deacon to be inhibited.

3. A Temporary Inhibition may be issued without prior written or oral notice to the Priest or Deacon.

4. Any Priest or Deacon against whom a Temporary Inhibition has been issued, modified, or extended may request a hearing concerning the Temporary Inhibition before the Standing Committee, which shall hear the same at the earliest possible time, but not later than fourteen days after the date of receipt of the request. The Standing Committee by a two-thirds vote may dissolve or modify the Temporary Inhibition. The Bishop, the Clergy Consultant and the Church Attorney shall be given notice of such hearing and shall be permitted to attend and be heard or to designate a representative to attend and be heard.

5. At any time, a Bishop may dissolve or modify the terms of a Temporary Inhibition.

6. A Temporary Inhibition shall continue in full force and effect until the earlier of (i) the issuance of an Inhibition as otherwise permitted by Title IV of the Canons of the Episcopal Church, (ii) the withdrawal of the Charge or the allegations, (iii) the refusal of the Standing Committee to make a Presentment on the Charges alleged, (iv) dissolution of the Temporary Inhibition, (v) imposition of Sentence following a voluntary submission to discipline, or (vi) a period of ninety days measured from the date of service of the Temporary Inhibition; provided, however, the ninety-day period may be extended by the Bishop for additional ninety-day periods upon good cause.

7. In the event the Temporary Inhibition is dissolved or reduced or otherwise expires, the Ecclesiastical Authority shall so notify all persons to whom notice of the issuance of the Temporary Inhibition was given.

8. If a Presentment has been made by the Standing Committee against a Priest or Deacon, or if a Priest or Deacon has been convicted in a criminal Court of Record in a cause involving Immorality, or if a judgment has been entered against a Priest or Deacon in a civil Court of Record in a cause involving Immorality, the Bishop may issue an Inhibition to the Priest or Deacon until after the judgment of the Ecclesiastical Court becomes final.

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APPENDIX C

PROCESS FOR CLERGY SCREENING

Every clergy person interviewed by the Diocese will be asked to read the Diocese of Newark's Policy on Clergy Screening and sign the Acknowledgment in order to continue to be considered a candidate for ministry in the Diocese.

* Every candidate on a search committee's short list will. receive the Diocese of Newark's Policy on Clergy Screening and the Acknowledgment and will be required to complete the Acknowledgment before they can continue in the search process.

* Candidates on a search committee's list of persons they wish to visit will be checked by the diocesan deployment officer through the deployment network in the present diocese and previous diocese of record.

* Candidates invited into the final interview stage of a search will be checked in a bishop-to-bishop check in the present diocese and the previous diocese of record.

* When a vestry/executive committee votes to extend a call, the recipient of the call will undergo a background check by the oxford Document Management company and complete the behavior screening questionnaire before the call is announced. If a previous check has been done by another diocese and the documentation of that check is available for review, an additional check may not be required.

* Any clergy person currently serving in the Diocese of Newark and moving to a new ministry in the Diocese will undergo the entire checking process outlined above and in the Diocese's Policy on Clergy Screening.

Clergy coming into the Diocese to do interim ministry will undergo the same screening process as clergy accepting a call.

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APPENDIX D

CLERGY WELLNESS - RESPONSIBILITIES OF CLERGY FOR SELF

As Deacons and Priests we have promised to pattern our lives (and those of our families, households, or communities) in accordance with the teaching of Christ, so that we may be wholesome examples. One part of this commitment is to care for God's gift which we embody in ourselves and thus to proclaim in deed as well as word the Gospel of Jesus Christ by fashioning our lives in accordance with its precepts. The following are suggestive of some of the ways that we express this care:

1. We give adequate attention to our spiritual health, we observe daily times for prayers, scripture reading, and meditation, and regular retreats with Daily Offices as the guide in our tradition.
2. We give adequate attention to our physical health, including regular check-ups, regular exercise, healthy eating habits, and moderation/abstinence in any use of tobacco, alcohol, or other drugs.
3. We give adequate attention to our emotional health and when there is need, identified by ourselves, our friends or colleagues, will seek professional help.
4. We observe at least one and a half days off work each week and endeavor to enlist our parishioners' support in honoring these times of rest.
5. We take one full month each year for vacation as time for recreation and renewal, plus a week after Christmas and Easter.
6. We make every effort to reach mutual agreement with our congregations and ecclesiastical authority to plan for periodic sabbatical leave for refreshment, renewal and growth.
7. We maintain a regular program of continuing education in consultation with clergy colleagues, bishop and congregational representatives using Diocesan Personnel Guide Lines. At least every 5 years we give concerted effort to an examination of our professional' and vocational development.
8. We maintain regular contact with other clergy through WECA and colleague groups.
9. We spend intentional and significant time with our family,
household or community.
10. We seek avenues of community involvement and/or friendships which allow us to relate to others where we are not priest/congregation leaders.
11. We practice responsible stewardship of our financial resources. We accept the tithe as a minimum standard of giving, and if we are not already tithing adopt a systematic plan of moving towards that minimum.

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APPENDIX E

BIBLIOGRAPHY

Marie M. Fortune, Is Nothing Sacred? When Sex Invades the Pastoral Relationship, San Francisco: Harper & Row, 1989.

Marie M. Fortune, Sexual Violence: The Unmentionable Sin, An Ethical and Pastoral Perspective, New York: Pilgrim Press, 1983.

Marie M. Fortune, "Betrayal of the Pastoral Relationship: Sexual Contact by Pastors and Pastoral Counselors,' in Gary Schoener, Jeannette Milgrom, John Gonsiorek, Ellen Luepker, and Ray Conroe, Psychotherapists' Sexual Involvement with Clients: Intervention and Prevention. Minneapolis, MN: Walk-In Counseling Center, 1989.

Anne L. Horton & Judith A. Williamson, Editors, Abuse and Religion, Lexington, MA: Lexington Books, 1988.

Jane A. Keene, 'By God Betrayed?" The Other Side, Jan.-Feb. 1990

Mike Lew, Victims No Longer. Men Recoverinq From Incest and Other Child Sexual Abuse, New York: Nevraumont Publishing Co 1988.

Karen Lebacqz & Ronald G. Barton, Sex In The Parish, Louisville: Westminister/John Knox Press, 1991.

Mennonite Central Committee U.S. Peace Section, Conciliation Quarterly Newsletter, Spring 1991, Vol. 10, No. 2, "Pastoral Sexual Misconduct: The Church's Response."

Jeannette Milgrom, Boundaries in Professional Relationships: A Training Manual, still in press.

Jeannette Milgrom and Gary Schoener, "Responding to Clients Who Have Been Sexually Exploited by Counselors, Therapists and Clergy,' in Pellauer, Mary, ex. Sexual Assault and Abuse- A Handbook for Clergy and Religious Professionals, San Francisco: Harper and Row, 1987.

Peter Rufter, M.D., Sex in the Forbidden Zone, Los Angeles: Jeremy P. Torcher, Inc., 1989.

Barbara E. Sanderson, Ed., It's Never O.K.: A Handbook for Professionals on Sexual Exploitation by Counselors and Therapists, St. Paul, MN: Department of Corrections, State of Minnesota, 1989.

Washington Association of Churches, The Churches' Responsibility For the Safety of Children, youth and Vulnerable Adults, Seattle, WA, 1 991.

William L White, Incest In The Organizational Family.- The Ecology of Burnout In Closed Systems, Bloomington, Illinois: The Lighthouse Training Institute, 1986.

From "Clergy Misconduct: Sexual Abuse in the Ministerial Relationship" published by The Center For The prevention of Sexual And Domestic Violence Seattle, Washington, Copyright, ]992

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CLERGY MISCONDUCT: SEXUAL ABUSE IN THE MINISTERIAL RELATIONSHIP

RESOURCES

ASSESSMENT

John Gonsiorek, Ph.D
clinical psychologist
(612)379-3910, 874-9645
Minneapolis area

Gary Schoener
(612)870-0565
Minneapolis area

Joseph Peters Institute
Ms. Enny Seabrook
(215)893-0600
Philadelphia

VICTIM/SURVIVOR SUPPORT GROUPS

Ellen Luepker
groups for victims of professionals
(612)729-0111
Minneapolis

Forbidden Zone
Portland
(503)241-6032
(For other FZ groups in your area, consult the appendices of Peter Rutter's book--paperback edition-Sex in the Forbidden Zone)

OTHER RESOURCES

American Association of Pastoral Counselors
9508 Lee Highway
Fairfax, VA 22031
(703)385-6967

Center for the Prevention of
Sexual and Domestic Violence
1914 North 34th Street, Suite 105
Seattle, WA 98103
(206)634-1903

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