DIOCESE OF EAST TENNESSEE

POLICIES AND PROCEDURES MANUAL FOR DEALING WITH SEXUAL MISCONDUCT

ADOPTED BY BISHOP & COUNCIL

November 10, 1995

(Revised September 13, 2000, Appendix added, October 2002)

I. STATEMENT OF POLICY

A. It is the policy of the Diocese of East Tennessee that Sexual Misconduct, as defined herein, will not be tolerated. The Diocese will deal with Sexual Misconduct swiftly, confidentially, and decisively. This policy applies to all clergy, lay employees and volunteers serving the Diocese, any parish or mission within the Diocese, or any other institution or organization of the Diocese or of any mission or parish herein. It also applies, subject to canonical limitations, to all aspirants, postulants or seminarians sponsored by or working in the Diocese. In the event charges of Sexual Misconduct against any person are substantiated, such person will be subject to discipline. In the case of clergy, discipline will be administrated according to the Canons of the Diocese of East Tennessee and the Episcopal Church. In the case of lay employees, such discipline may include termination of employment. Both lay employees and volunteers may be restricted or prohibited from engaging in further activities on church property or in any activity sponsored by any church organization. The intent of this policy is to assure that the Diocese’s response to an allegation or instance of Sexual Misconduct will be just and compassionate for all involved.

II. DEFINITIONS

A. For the purpose of this Manual, Sexual Misconduct means any:

• Sexual abuse or sexual molestation of any person, including but not limited to, any sexual involvement or sexual contact with a person who is a minor or who is legally incompetent; or

• Sexual harassment in a situation where there is an employment, mentor or colleague relationship between the persons involved, including but not limited to, sexually oriented humor or language; questions or comments about sexual behavior or preference unrelated to employment qualification; undesired physical contact; inappropriate comments about clothing or physical appearance; or repeated requests for social engagements; or

• Sexual exploitation, including but not limited to, the development of or an attempt to develop a sexual relationship between a cleric, employee or volunteer and a person with whom he/she has a pastoral relationship, whether or not there is apparent consent from the individual.

B. For purposes of this policy, pastoral relationship means: A relationship between a cleric, employee or volunteer and any person to whom such cleric, employee or volunteer provides counseling, pastoral care, spiritual direction or spiritual guidance, or from whom such cleric, employee or volunteer has received a confession or confidential or privileged information.

III. EMPLOYMENT AND TRAINING

A. After the adoption of this Manual, all persons hired as employees or accepted as volunteers who regularly supervise youth activities (excluding unpaid Sunday School Teachers), including future clergy, postulants, and aspirants, will be subject to thorough background checks to determine current or historic Sexual Misconduct allegations, criminal records, or paraphiliac behavior. Such background checks will be handled by the Diocese or the entity within the Diocese that will be served by such clergy, postulants, aspirants, lay employees or volunteers, as provided in this Manual.

Such background checks will include inquiries of all bishops having past or present canonical authority over the individual, all schools attended by the individual within the past five (5) years, and all employers of the individual within the past five (5) years. If the individual has had one employer for over five years, these inquiries will be made of the two most recent employers.

B. Current clergy, employees, and volunteers who regularly supervise youth activities (excluding unpaid Sunday School Teachers) will attend a minimum of four hours of initial training on issues of child sexual abuse in church settings. New clergy, employees and volunteers subject to this paragraph shall receive such training within six (6) months after assuming their duties. The Diocese will promulgate to all clergy, volunteers subject to this paragraph, vestry members and employees a summary of current child abuse statutes and reporting requirements in this state.

C. All current clergy and employees (excluding clerical and maintenance workers) will attend four hours of initial training on issues of sexual harassment in employment, mentor and colleague relationships and sexual exploitation in pastoral relationships. New clergy and employees subject to this paragraph will receive such training within six (6) months of employment.

D. Clergy or other pastoral care providers are required to have ongoing professional supervision or to refer the individual to professional counseling after six sessions have been held around a given life issue. Fees or donations for pastoral care are prohibited. Anyone charging fees for counseling outside the scope of church employment must possess appropriate professional credentials and proof of separate professional liability insurance, including coverage for Sexual Misconduct, in force at all times.

IV. DIOCESAN PROCEDURES FOR RESPONDING TO COMPLAINTS OF SEXUAL MISCONDUCT INVOLVING LAITY

A.            Response Teams

1.   The Bishop, in consultation with the Standing Committee, will appoint a panel of persons to serve on Response Teams. This panel will consist of both lay and clergy and should include attorneys, mental health professionals, and other persons with experience in investigations. The panel should also include equal numbers of persons from each of the three areas of the Diocese. Persons on this panel will receive training in crisis intervention and interviewing alleged offenders, victims and witnesses. Training and ongoing supervision of response team members will be under the direction of a person skilled in these areas and appointed for this purpose by the Bishop.

2.            Individual Response Teams from the panel will be appointed by the Standing Committee to investigate charges of Sexual Misconduct. A Response Team will normally consist of two or more persons. Care will be taken not to assign to the Response Team persons who have any conflict of interest, because of a relationship with or knowledge of any of the parties or witnesses, or who may have independent knowledge of the alleged incident itself.

B.  When a complaint is received

1.   All complaints involving Sexual Misconduct by lay employees or volunteers are to be referred to the Standing Committee. The Bishop will personally assure the person making the complaint of the church’s concern regarding the complaint and that the complaint will be promptly and thoroughly investigated. At the earliest opportunity, the person making the complaint will be asked by a member or members of the Standing Committee to sign an affidavit which includes the date, locations, time and a description of the alleged offense and the name, addresses and telephone number of any witnesses, if known. If no affidavit is submitted, the Bishop, in his or her discretion, may decide to refer the matter to the Standing Committee. In either event, the alleged offender will be notified. In no case shall the Bishop or member of the clergy of the parish or mission where the incident is alleged to have occurred hear the sacramental confession of the alleged offender or any witness. The Bishop will act to assure that all involved persons will be afforded pastoral care.

2. If any employee believes that he or she has been subjected to sexual harassment by another employee or by any supervisory employee, the employee should make known to the other person that such conduct is unwelcome and should be stopped. If said conduct is repeated, the employee should immediately report this matter to _______________________ or _______________________ (provide the names and/or positions of at least two individuals to whom the sexual harassment can be reported). It is not necessary for the employee to report this to the employee’s immediate supervisor, but the employee should report it to one of the individuals named above. The claim will then be referred to the Standing Committee. The Diocese will handle the matter with as much confidentiality as possible. There will be no retaliation against any employee who reports a claim of sexual harassment or against any employee who is a witness to the harassment.

3. According to Tennessee law, if the complaint alleges physical or sexual abuse of a minor or an incompetent adult, the appropriate law enforcement or social services authorities shall be immediately notified. The Bishop shall also be promptly be notified. The Bishop and any other church official or employee with knowledge of the alleged abuse will cooperate fully with the law enforcement authorities. Further action by the Bishop will be guided by the progress of the law enforcement investigation and may include a full investigation pursuant to the procedures outlined herein.

4. In cases other than those involving physical or sexual abuse, the Standing Committee, within two (2) days of receiving the affidavit described in section 1, above, or after a decision to proceed without an affidavit, will assign the complaint to a Response Team for investigation. The Bishop’s office will immediately notify the complainant, the alleged victim (if not the complainant) and the alleged offender, that the complaint has been assigned to a Response Team for investigation. The Bishop will personally assure the complaint, the alleged victim (if not the complainant) and the alleged offender of the church’s concern regarding the complaint and the thorough investigation and response that the complaint will receive.

5. The Response Team will begin investigating the complaint as soon as possible but in no event later than five (5) days following its assignment to the case and receipt of a copy of the complaint.

6. The Response Team will attempt to interview the complainant, the alleged victim (if other than complainant), the alleged offender, and all other witnesses. The alleged victim and the alleged offender may be accompanied by a person of their choosing at the interview. The Response Team may, at its discretion, consult with whomsoever it deems appropriate, including parish or mission wardens and staff members from present or previous contexts of ministry. The Response Team will at all times strive to ensure the privacy of the alleged victim and the complainant (if other than the alleged victim).

7. The Bishop, in consultation with the Standing Committee, will arrange for an evaluation of the alleged offender within thirty (30) days by a person professionally qualified and experienced in the evaluation of Sexual Misconduct. The Bishop will encourage the alleged offender to undergo the evaluation. Upon receipt of the appropriate releases, the results of the evaluation will be available to the Bishop, the Standing Committee, the Response Team and the alleged offender. The offer of an evaluation may be waived at the Bishop’s discretion if the Standing Committee recommends that the evidence does not initially appear to warrant an evaluation. The Diocese will pay for the evaluation.

8. Any party or witness to an alleged act of Sexual Misconduct will be asked to submit a statement in writing or, if desired, a recorded statement.

9. The Response Team will keep the Standing Committee informed of its progress and will move as swiftly as possible towards completion of a final report and recommendations to the Standing Committee. The final report will include the original written statement of the complainant and all written and recorded statements submitted by other persons.

10. After reviewing the Response Team’s recommendations and, if desired, meeting with the complainant, the alleged victim, the alleged offender and the Response Team, the Standing Committee will make a determination as to whether the complaint of Sexual Misconduct has been substantiated and will make recommendations to the Bishop.

C.  When a determination is made

1. After a determination has been made by the Standing Committee, the Bishop will immediately inform the complainant, the alleged victim (if other than the complainant), and the alleged offender.

2. If the Bishop then determines that the complaint is unsubstantiated, such determination will be made known to the alleged offender, the complainant and the alleged victim (if other than the complainant) in writing by the Bishop. The Bishop will meet with the complainant to discuss the determination and may also meet with the alleged offender to discuss any steps that may be necessary to make known the determination.

3. If the Bishop determines that the complaint is substantiated, the Bishop will take the following steps:

    a. The Bishop will meet with the victim to express the church’s deepest regret and discuss appropriate responses by the church to assist in the victim’s healing. The victim may be accompanied by persons of the victim’s choosing. The Bishop will determine what therapeutic or other assistance should be offered to the victim.

    b. The Bishop may meet, if appropriate, with the victim’s spouse and/or family to discuss how the church may assist them.

    c. The Bishop or a representative appointed by the Bishop will meet with the offender. The offender may be accompanied by another person if the offender desires. The Bishop will discuss with the offender the actions the Bishop intends to take. If appropriate, the Bishop will offer to refer the offender for therapy by persons professionally qualified in treatment of Sexual Misconduct.

4. All records of Response Team investigators and determinations by the Bishop will be held in strict confidence and separate from ordinary personnel files, except as specified above, but these records will be made available by the Diocese if they are requested by a subpoena. Response Team members will not retain personal copies of investigatory records.

5. The Bishop, Standing Committee, Response Team members, and all other representatives of the Diocese will make every effort to protect the privacy of all parties involved. Pertinent information, however, may and should be furnished upon an inquiry from any vestry/mission council, diocese or other institution of the Episcopal Church.

6. If, after a determination of Sexual Misconduct has been made, an individual wishes to keep working for or in the church, these procedures must be followed:

• A credentialed professional approved by the Church Insurance Company must affirm that the offender has been rehabilitated.

• The offender must be required to make amends to any aggrieved parties.

• No person with a civil or criminal record of child abuse or who has admitted prior sexual abuse or anyone known to have a paraphiliac diagnosis, e.g., pedophilia, exhibitionism, voyeurism (as defined by the American Psychiatric Association), shall be placed in any position of supervising or having other interaction with children or youth.

V. DIOCESAN PROCEDURES FOR RESPONDING TO COMPLAINTS OF SEXUAL MISCONDUCT INVOLVING CLERGY

A. When a complaint is received

1. In accordance with the procedures of Title IV of the Canons of the Episcopal Church (“Title IV”) and Canon 26 of the Diocese of East Tennessee (“Canon 26”), all charges shall be in writing, verified, and addressed to the Standing Committee, and the Standing Committee will proceed in accordance with Title IV and Canon 26. Who may make and the manner of making a charge against a member of the clergy are set forth in Title IV, Canon 3.

2. If any employee believes that he or she has been subjected to sexual harassment by a member of the clergy, the employee should make known to the member of the clergy that such conduct is unwelcome and should be stopped. If said conduct is repeated, the employee should immediately report this matter to _______________________ or _______________________ (provide the names and/or positions of at least two individuals to whom the sexual harassment can be reported). It is not necessary for the employee to report this to the employee’s immediate supervisor, but the employee should report it to one of the individuals named above. The claim will then be referred to the Standing Committee. The Diocese will handle the matter with as much confidentiality as possible. There will be no retaliation against any employee who reports a claim of sexual harassment or against any employee who is a witness to the harassment.

3. According to Tennessee law, if the complaint alleges physical or sexual abuse of a minor or an incompetent adult, the appropriate law enforcement or social services   authorities shall be immediately notified. The Bishop shall also be promptly notified. The Bishop and any other church official or employee with knowledge of the alleged abuse will cooperate fully with the law enforcement authorities. Further action by the Bishop will be guided by the progress of the law enforcement investigation and may include a full investigation pursuant to the procedures outlined herein.

4.  In cases other than those involving  physical or sexual abuse, the Standing Committee, within two (2) days of receiving the affidavit described in Section 1, above, or after a decision  to proceed without an affidavit, will assign the complaint to a Response Team for investigation. The Bishop’s office will immediately notify the complainant, the alleged victim (if not the complainant) and the alleged offender, that the complaint has been assigned to a Response Team for investigation. The Bishop will personally assure the complainant, the alleged victim (if not the complainant) and the alleged offender of the church’s concern regarding the   complaint and the thorough investigation and response that the complaint will receive.

B. When a determination is made

1. The decision of the Standing Committee concerning a charge will be determined and reported as provided as in Title IV, Canon 3, and Canon 26.

2. If no Presentment is issued, the Bishop will meet with the complainant to discuss the determination.

3. If a Presentment is issued, there shall be a trial in accordance with Title IV, Canon 4, and Canon 26.

4. If, after trial of a member of the clergy under Title IV, Canon 4, and Canon        26, the alleged offender is found guilty, the following steps may be taken:

    a. The Bishop may meet, if appropriate, with the offender’s spouse and/or family to discuss how the church may assist them.

    b. In making any decisions about professional rehabilitation and future employment for the offender, the Bishop will be guided by the assessments of those experts in the treatment of Sexual Misconduct who have treated the offender. In most cases, significant involvement in personal psychotherapy and employment outside the church will be required before any re-employment in the church will be considered. Public acknowledgement of the misconduct, including exoneration of and restitution to the victim, will normally be required.

c. The Bishop will notify the wardens, if the offender serves in a parish or mission, or representatives of the place of ministry, if the offender does not serve in a parish or mission, and discuss with them what assistance will be most helpful for healing. Unless there are specific factors which make it inappropriate, the Bishop may recommend an open congregational meeting to begin the process of healing in the congregation. The Bishop or the Bishop’s representative will attend such a meeting.

d. If it appears that there has been a possible violation of any federal or state law, the Bishop will immediately notify law enforcement officials.

5. If, after a determination of Sexual Misconduct has been made, an individual wishes to keep working for the church, these procedures must be followed:

• A credentialed professional approved by the Church Insurance Company must affirm that the offender has been rehabilitated.

• The Bishop of canonical residence and the Bishop of current jurisdiction, if different, must both endorse return to employment.

• The offender must be required to make amends to any aggrieved parties.

• No person with a civil or criminal record of child abuse, or who has admitted prior sexual abuse or anyone known to have a paraphiliac diagnosis, e.g., pedophilia, exhibitionism, voyeurism (as defined by the American Psychiatric Association), shall be placed in any position of supervising or having other interaction with children or youth.

VI. ADOPTION OF MANUAL

A. Upon approval by the Bishop & Council, this Manual shall be adopted by all parishes and missions by resolution of the vestry or mission council recorded in the minutes of such body, with a copy being sent to the Diocese. At the time of such action, there shall be designated two or more persons to whom reports of sexual harassment should be made, and those names should be inserted in the appropriate section under Sections IV. B.2. and V. A.2. In the resolution adopting this Manual, each parish and mission shall also agree to cooperate in any Response Team or Standing Committee investigation and carry out any disciplinary action recommended by the Diocese with respect to its lay employees and volunteers.

B. The following persons will receive a copy of this Manual and will sign the attached form indicating that they have received the Manual and understand its content. Such statements will be kept on file by the organization within the church served by such persons, with a copy kept by the Diocese:

• Members of the Bishop and Council

• Members of the Standing Committee

• All Officers of the Diocese

• All employees of the Diocese and Organizations and Institutions of the Diocese

• All clergy canonically resident or licensed to officiate in the Diocese

• All employees of Parishes and Missions and Institutes of Parishes and Missions

• All vestry and mission council members

• All volunteers who regularly supervise youth activities.

STATEMENT

I, ________________________________________, understand that the Diocese of East Tennessee has adopted a Polices and Procedures Manual for Dealing with Sexual Misconduct. I acknowledge that I have received a copy of the Manual and understand its content.

Signed this ________ day of _________________________, 199__.

                                                                                                                               ___________________________________

                                                                                              (signature)

                                                                              _________________________________

                                                                                                                   (print name)

                                          Title:_______________________________

Name of Parish, Mission or other Institution or Organization:

                  _____________________________________

APPENDIX
TENNESSEE CHILD ABUSE AND CHILD SEXUAL ABUSE LAWS

Mandatory Reporting

Tennessee mandates the report of brutality, abuse, neglect or child sexual abuse by ANY person “having knowledge of or called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability, or physical or mental condition which is of such nature as to reasonably indicate that it has been caused by brutality, abuse or neglect.” T.C.A.§ 37-1-403. The report shall be made to the Child and Family Services, the juvenile judge, or law enforcement officials. Included in the report shall be the child’s name, address and age, the person responsible for the child, and the facts necessitating the report.  If it appears to the person making the report that the “immediate safety and well-being of the child is endangered,” the child may be immediately taken into protective custody and not returned to the alleged perpetrator. T.C.A.§§ 37-1-404 and 37-1-606.

Definitions of Child Abuse and Child Sexual Abuse

While the statute is silent as to what constitutes abuse and neglect, it does specify certain acts that would constitute severe child abuse and child sexual abuse.  Severe child abuse includes assault or aggravated assault, murder, manslaughter, kidnapping or aggravated kidnapping, and aggravated child abuse where serious bodily injury occurs. T.C.A.§ 37-1-408.

Child sexual abuse “means the commission of any act involving the unlawful sexual abuse, molestation, fondling or carnal knowledge of a child,” including rape, attempted rape, sexual battery, and sexual exploitation. T.C.A.§ 37-1-602(a)(2)(A) and (B). Child sexual abuse also means any penetration, contact, intentional touching, or intentional exposure of the intimate parts, except that it shall not include those acts that “may reasonably be construed to be normal caretaker responsibilities, interactions with, or affection for a child.” T.C.A.§ 37-1-602(a)(2)(C).

The statute also speaks to one other type of sexual abuse. Institutional sexual abuse occurs in “situations of known or suspected child sexual abuse in which the person allegedly perpetrating the child sexual abuse is an employee of a public or private child welfare agency, [of a] public or private school or [of] ANY OTHER person responsible for the child’s care.” T.C.A.§ 37-1-602(a)(6). 

Immunity for Making a Report

All persons making a report of child abuse or neglect or child sexual abuse are assumed under the statute to have made the report in good faith. They are immune from all damages, both civil and criminal, that otherwise might be imposed for such action. T.C.A.§§ 37-1-410 and 37-1-613.

A similar protection is that the identity of the person making the report and the report itself are made confidential,except when the court finds that the testimony of the reporter is material to indictment or conviction. T.C.A.§§ 37-1-409 and 37-1-612

Liability for Failing to Report

Any person who knowingly and willfully fails to make a report required under the statute or who prevents another from reporting commits a Class A misdemeanor. T.C.A.§§ 37-1-412 and  37-1-615.

Protection from Liability

The Tennessee Bureau of Investigation has established and maintains a registry to screen child care providers. The registry consists of any person alleged or adjudicated to have committed child sexual abuse and severe child abuse. The registry is searched for verifying the existence of the applicant’s name for “any person applying to work with children as a volunteer or as a paid employee for a child welfare agency . . . or in any institutional or residential child care facility.” T.C.A.§ 37-1-408. Although the registry only contains the names of those persons who have committed severe child abuse and sexual abuse, it is a source to verify the records of employees and volunteers who come into contact with children.

The statute also authorizes religious organizations to require all persons applying to work with children as a volunteer or paid employee to submit to a background check. Included in the check, the employee or volunteer may be required to agree to the release of all investigative records or criminal records or supply a fingerprint sample. T.C.A.§ 37-1-414.