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POLICY FOR ADDRESSING ALLEGATIONS OF SEXUAL MISCONDUCT

              I.      Introduction 

The mission and identity of the Congregation of the Sisters of Saint Joseph of Brentwood, New York, is rooted in the love of God and neighbor. 

Called as Sisters of Saint Joseph to give full expression to our giftedness as women in the Church, we participate in the mission of Jesus who came to bring about the reign of God by revealing God’s love and by healing, redeeming and liberating all people.  With reverence for all creation, we work to secure the human dignity of all persons, especially the poor and oppressed.
                                           Constitution of the Sisters of St. Joseph, p. 4

This core value calls us to a deep reverence and respect for each person to whom and with whom we minister.  It also calls us to witness to that sense of reverence in our relationships with one another.

 

However, we also acknowledge that we are human beings, and that at times, our human frailty may lead to unacceptable behavior which violates the God-given dignity and the rights of others, and also compromises the relationship of trust which underlies our ministries.

 

It is in this spirit of our core values and of responsibility for the trust placed in us by persons to whom and with whom we minister, that we set forth the following policy and procedures for addressing allegations of sexual misconduct by a
member of our Congregation.

  II.      Policy

            We condemn the sexual abuse of any person by a member of our Congregation as morally reprehensible and a
            violation of the dignity and rights of others, as well as a criminal act.  We also condemn many acts of sexual
            exploitation.

 If it is reported that a member of our Congregation has engaged in such behavior, the Congregation will take every appropriate measure to ensure justice and compassion for the person making the allegation, the alleged victim,
and the sister who is accused.

We commit ourselves:

·          To act to prevent sexual misconduct,

·          to educate the sisters of our Congregation about sexual misconduct, as well as the reporting obligations of the states/civil jurisdictions in which the sisters reside,

·          to respect the rights of the alleged victim and the accused according to criminal law and canon law,

·          to screen candidates for membership in our Congregation through psychological evaluation, interviews, and
reference checks,

·          to cooperate with civil and religious authorities in the process of assessing the allegation,

·          to provide compassionate care for all those affected by abuse or accusations of abuse.

 

This policy shall apply to all members of the Sisters of St. Joseph of Brentwood, New York, i.e., sisters who have professed final or temporary vows (canon 654) and who are currently members of the Congregation.  This policy shall be reviewed periodically.   

       III.      Procedural Guidelines

 A report of alleged sexual misconduct will be addressed with compassion and attention to the protection of each person involved.

 Confidentiality and discretion will be maintained to the fullest extent possible, with careful distinction made between confidentiality and secrecy.

 Any allegation of sexual misconduct must be reported to the President of the Congregation immediately.

 Upon receipt of this notice, the President shall notify the District Attorney, as required by law.

 The President may consult with and seek the advice of the General Council, and/or other advisors and members of the Congregation as may be appropriate under the circumstances.

 The President or her delegate will inform the complainant that the Congregation has a policy and procedures that will be  followed.

 If appropriate, the President will ensure that the sister will be removed from any likely contact with the complainant or
other vulnerable individuals, and will follow any employment policies that may be in place at her place of ministry.

 After appointment by the President, one person will be responsible for all public statements and/or contact with the media regarding the matter.

(A) 
Civil Action

Upon termination of any investigation including a civil trial, if applicable, the President may designate a Review Board to determine the status of a sister.  The Review Board may consist of a psychiatrist and a social worker (one not Catholic), a sister, some parents, and a law enforcement officer.  No sister will be returned to active ministry unless there is sufficient evidence that she has been cleared of any accusations, received a psychiatric assessment that indicates no negative pathology, and has been approved by the Review Board.

(B) No Civil Action

If no lawsuit has been filed, the President may delegate the investigation of the allegation to a Response Team who will meet with the complainant, the sister, and other appropriate persons and will make a report to the President.

After this investigation has been completed, should the sister request to return to ministry, the President may designate an Advisory Committee and seek its recommendation. The Advisory Committee may consist of a psychiatrist/psychologist, the Response Team on the case, and the sister’s Regional Superior.

The sister’s return to ministry will depend upon the decision of the President, who will consider the outcome of any investigation, a psychiatric assessment, if needed, and the advice of the Advisory Committee.  A record of the case will be kept.

 Definitions:

The following definitions are given for the purpose of this policy.

 Sexual abuse - is sexual involvement or contact by a member with a person who is a minor, or a vulnerable adult.  Sexual abuse is defined in the applicable state Statute.  Generally, any unauthorized and intentional contact with the breasts, buttocks or genitalia of another is considered sexual abuse.

 Sexual exploitation - is sexual contact between a member and a person who is receiving pastoral care from the member.

 Vulnerable adult - is a person eighteen years of age or older who is unable to protect his/her own rights and/or vital concerns and who cannot seek help without assistance because of physical, mental or emotional impairment.

Congregation - The Sisters of St. Joseph of Brentwood, New York

General Council - comprised of members elected to advise and assist the President in matters pertaining
          to the Congregation as described in the Constitution of the Sisters of St. Joseph of Brentwood, NY.

          Member - a sister of St. Joseph who has professed temporary vows or perpetual vows (canon 654), and who
          is currently in the Congregation of the Sisters of St. Joseph.