5.5 PROCEDURE FOR
EPISCOPAL RESPONSE TO ALLEGATIONS OF CLERGY MISCONDUCT IN
SEXUAL MATTERS
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 qualifications; 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
the 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.
Church Insurance Company
Comprehensive Sexual Misconduct
Liability Protection Policy - July, 1993
Introduction: This procedure is intended to
acknowledge several concerns:
That clergy can be wrongfully accused of sexual misconduct.
That every allegation of sexual misconduct which reaches the bishop
deserves a response from the bishop.
That the bishop cannot be the only one who actually assesses or
evaluates the substance of allegations.
That the bishop holds both pastoral and disciplinary responsibilities.
That a shared approach, involving legal, mental health and pastoral
avenues is desirable.
That litigation by its very nature is a recourse available to anyone.
That a uniform procedure ensures that all cases will be treated with
justice as well as consistency.
That allegations of sexual misconduct are concerns which bear no
relationship to differing opinions on controversial matters.
That the bishop's pastoral concern is directed to both alleged
perpetrators as well as those making allegations (possible victims).
That the bishop will employ this procedure in each allegation of sexual
misconduct.
That the bishop may consult, in confidence, with any person so chosen to
review issues and materials regarding any allegation of sexual misconduct.
That the bishop should refrain from placing conversations regarding
allegations within a sacramental framework, but is well-advised to guard the privacy of
all individuals concerned with utmost care.
Procedure for response:
In cases of alleged clergy misconduct, please refer to Title IV in the
current national canons and to diocesan canon 9 for information about Ecclesiatical
Trials.
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