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Manual
of Policies Concerning Sexual Misconduct of Clergy or Lay Ministers |
| TABLE OF CONTENTS |
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Appendices |
| (E) Bibliography and Referrals |
| 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. |
| 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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NEW JERSEY CODE OF CRIMINAL JUSTICE 2C:24-5 |
| 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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CANON 17 |
| 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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PROCESS FOR CLERGY SCREENING |
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CLERGY WELLNESS - RESPONSIBILITIES OF CLERGY FOR SELF |
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BIBLIOGRAPHY |
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CLERGY MISCONDUCT: SEXUAL ABUSE IN THE MINISTERIAL RELATIONSHIP ASSESSMENT |