Sexual Abuse Policy of the Assumption BVM Province

Sexual Abuse Policy
Part I: Policies for Maintaining Ethical Ministry with Minors
Section 1: Standards of Conduct for Ministry with Minors

The following standards are intended to assist friars in making decisions about interactions with minors in Church-sponsored and affiliated programs. They are not designed or intended to address interactions within families.
A Friar may be a professed religious of the Assumption BVM Province or a novice.

A minor is anyone under the age of 18. For the purposes of this policy, the term "minors" also includes adults who would be considered uniquely vulnerable to abuse because of physical or mental disabilities.

Abuse and neglect of minors are contrary to the teachings of the Church and are prohibited. Friars have a responsibility to protect minors from all forms of abuse and neglect.

Prohibited Behaviors

• Using, possessing, or being under the influence of illegal drugs while in the presence of minors.
• Using, possessing, or being under the influence of alcohol while supervising minors.
• Providing or allowing minors to consume alcohol or illegal drugs.
• Swearing in the presence of minors.
• Speaking to minors in a way that is,could be construed by any observer as, harsh, threatening, intimidating, shaming, derogatory, demeaning, or humiliating.
• Discussing sexual activities with minors unless it is a specific job requirement and the friar is trained to discuss these matters.
• Engaging in any sexually oriented conversations with minors unless the conversations are part of a legitimate lesson and discussion for teenagers regarding human sexuality issues. On such occasions, the lessons will convey to youth the Church's teachings on these topics. If youth have further questions not answered or addressed by their individual teachers, they should be referred to their parents or guardians for clarification or counseling.
• Being nude in the presence of minors.
• Possessing sexually-oriented or morally-inappropriate printed materials (magazines, cards, videos, films, clothing, etc.).
• Sleeping in the same beds, sleeping bags or small tents with minors.
• Engaging in sexual contact with minors. For the purposes of this policy, sexual contact is defined as vaginal intercourse, anal intercourse, oral intercourse or the touching of an erogenous zone of another (including but not limited to the thighs, genitals, buttocks, pubic region or chest) for the purpose of sexually arousing or gratifying either person.

Off-site events
Friars are prohibited from transporting minors without written permission of their parent or guardian.

Friars are prohibited from unnecessary and/or inappropriate physical con¬tact with minors while in vehicles. Minors should be transported directly to their destination.

No unplanned stops should be made. Friars are prohibited from having minors stay at their residence. Requests for exceptions should be submitted to the Guardian or Provincial Minister in writing two weeks prior to the visit.

Changing and showering facilities or arrangements for friars must be separate from facilities or arrangements for minors.

Physical contact
Friars are prohibited from using physical discipline in any way for behavior management of minors. No form of physical discipline is acceptable. This prohibi¬tion includes spanking, slapping, pinching, hitting, or any other physical force as retaliation or correction for inappropriate behaviors by minors.
Appropriate affection between friars and minors constitutes a positive part of Church life and ministry. The following forms of affection are regarded as appropriate examples for friars in ministry roles with minors:

• Hugs
• Pats on the shoulder or back Hand-shakes
• "High-fives" and hand slapping Verbal praise
• Touching hands, faces, shoulders and arms of minors Armlis around shoulders
• Holding hands while walking with small children Sitting beside small children
• Kneeling or bending down for hugs with small children Holding hands during prayer
• Kneeling or bending down for hugs with small children Holding hands during prayer
• Pats on the head when culturally appropriate. (For example, this gesture should typically be avoided in some Asian communities).

Friars should always obtain permission of the minor to make physical contact, such as a hug, touch, and/or pat on the shoulder. A friar should not presume that every child or youth wishes to have physical contact.

Some forms of physical affection have been used by adults to initiate inappropriate contact with minors. In order to maintain the safest possible environment for minors, the following are examples of affection that are not to be used by friars in ministry roles with minors:

• Inappropriate or lengthy embraces
• Kissing on the mouth
• Holding minors over four years old on the lap
• Touching buttocks, chests or genital areas
• Showing affection in isolated areas such as bedrooms, closets, staff only areas or other private rooms. Being in bed with a minor.
• Touching knees or legs of minors Wrestling with minors
• Tickling minors Piggyback rides
• Any type of massage given by minor to adult
• Any type of massage given by adult to minor
• Any form of unwanted affection
• Compliments that relate to physique or body development

Training for friars who work with minors
Friars shall review the Ethics in Ministry Policies and agree in writing to comply with the ABVM Province Code of Ethics.
Friars who work with minors must participate in training that addresses their role in protecting minors.

Supervision of programs that involve minors
Programs for minors in which friars are involved, must be supervised by at least two adults. Friars in leadership roles shall be aware of all programs for minors that are sponsored by their parish, school or agency. A list of these programs shall be maintained in the central office and include activities, purpose, sponsors or coordinators of the programs, meeting times and locations. Leaders shall examine these programs and consider whether there is adequate supervision.

Section 2: Procedures for Reporting Abuse of Minors or Vulnerable Adults
Any Friar shall report known or suspected current abuse of minors or vulnerable adults to civil authorities within 48 hours regardless of state mandatory reporting laws.

In addition to reporting to the civil authorities, friars shall report any suspected or known abuse of minors or vulnerable adults that may have been perpetrated by friars directly to the Provincial Minister. Reports of suspected or known abuse may be made confidentially (unless otherwise required to be disclosed by canon law) to any of the following:

• The Chair of the Review Board
• The Guardian; or
• The Provincial Minister

An anonymous, specific and verifiable letter of concern may be sent to any of the above. Anonymous concerns will be investigated to the extent that is feasible based on known information.

All new allegations of sexual abuse that may have been committed by a friar or other agent of the Province shall be promptly reported to civil authorities in the jurisdiction in which the alleged incident occurred.

• Allegations of sexual abuse will be reported to civil authorities regardless of whether the person making the accusation is a minor or an adult at the time the allegation is received.
• Allegations of sexual abuse will be reported to civil authorities regardless of whether the accused friar is living or dead, or whether he is a current or former friar of the Province.
• Allegations of sexual abuse will be reported to civil authorities regardless of whether the alleged victim's identity is known.
• Allegations of sexual abuse will be reported to civil authorities regardless of whether the allegations are believed to be credible at the time they are received.

If abuse of a minor is confirmed through investigation, civil authorities shall be re-contacted and a follow-up report will be submitted, if requested. If further investigation indicates the allegation is not credible, civil authorities will be contacted to provide the additional information.

If the alleged victim was a minor at the time the allegation is received, his or her identity will be provided to the civil authorities. If the alleged victim is an adult at the time the allegation is received, and consents, his or her identity will be provided to the civil authorities. If the alleged victim is an adult at the time the allegation is received and does not consent to having his or her identity revealed, the alleged victim's identify will not be disclosed.

Files of allegations will be created at the time the allegation is received and will contain information about how the allegation was handled.

The Province will cooperate fully with investigations by civil authorities.

Section 3: Responding to Incidents and Allegations of Sexual Abuse
Allegations of sexual abuse may come from a variety of sources, including alleged victims or their family members, diocesan offices, friars of the community, a colleague in the workplace or from an alleged perpetrator. Because each case is distinct, the following is a general outline of the response system for allegations of abuse but is not a procedure that is to be followed in the same way for each unique case. The process is to be modified according to the nature of the allegation, the needs of the alleged victim and the circumstances of the accused friar. In every case, the Province commits itself to dealing pastorally with, and protecting the rights of, all those involved.

Initial Response
The Provincial Minister (or his delegate) shall receive allegations of sexual abuse and coordinate assistance to anyone who brings an allegation of abuse by a friar of the ABVM Province.

When an allegation of abuse is first received, the Provincial Minister shall attempt to gather sufficient information to complete a preliminary report. The information would include the following:

• Name of the alleged victim
• Age of alleged victim
  
• Address and phone number of alleged victim
• Name of alleged perpetrator
• Approximate dates of alleged abuse
• Nature, type and location of alleged abuse Any additional relevant details

Upon receipt of an allegation of sexual abuse of a minor, the Provincial Minister will promptly follow ABVM Province reporting procedures and report the allegation to civil authorities (see Reporting Procedures).

The Provincial Minister and the Province will cooperate fully with any investigation by civil authorities. The Provincial Minister will offer to meet in person with the alleged victim if he or she so desires. The Provincial Minister will maintain a compassionate and pastoral manner regardless of the demeanor of alleged victim, recognizing that the experience of abuse and difficulty of coming forward may bring out strong emotions during the disclosure process.

An Assistance Coordinator may be assigned to assist with the immediate and ongoing needs of individuals who have experienced abuse and their families.

The Provincial Minister will notify the accused friar of the allegation and its substantial details. He will take steps to ensure that the accused friar receives the support and assistance he needs while the allegation is being investigated. This support may take the form of assigning a mentor/spiritual director for the accused.

The Provincial Minister will inform the accused friar of his right to seek canonical and civil counsel before any further conversation into the matter. The Province recognizes that the friar may need assistance to engage such counsel.

Internal Investigation
During investigations by civil authorities or by the Province, the friar who is the subject of the investigation will be temporarily removed from ministry responsibilities and duties.

The Provincial Minister will designate an Investigator to independently gather information regarding the allegations. In the cases of verified or undisputed allegations, an investigation will be conducted to identify any other potential victims and to obtain information to inform the on-going supervision plans for the friar who has abused.

In order to fulfill his responsibilities, the Provincial Minister will consult with the Review Board at each juncture of the process and will convene the Board within 48 hours of receiving the final report from the Investigator.

Should a friar be found guilty of sexual misconduct, the ABVM Province will provide for the pastoral care of the victim and the victim's family.

In the case of a friar found guilty of sexual misconduct, the Province will also provide for the pastoral care and treatment of the friar, offering him fraternal support in whatever penalties are imposed upon him by the legal system or restrictions imposed upon him by the ABVM Province.

Should an allegation be unsubstantiated, the Province will reinstate the accused Friar to ministry and will work towards the restitution of his good name.

The investigations of the ABVM Province will be documented. All documentation will be stored in the office of the Provincial Minister. A summary of the investigation findings will be stored in the personnel file of the friar who is the subject of the investigation.

Documentation of investigations are the property of the province and shall remain with the office of the Provincial Minister following election of a new Provincial Minister.

The Provincial Minister will usually assign an investigator to review the allegations, question the parties involved, and act as the representative of the ABVM Province.

The investigator will advise any parties that s/he represents the Province and that conversations with the investigator are not subject to any attorney/client privilege.

The investigator will advise the parties that, although pastoral care is available, the investigator will not be the one to provide that care.

The investigator, who shall obtain statements from the parties and any witnesses, will keep the Provincial Minister informed regarding the status of the investigation.

The Provincial Minister will maintain contact with the accused friar throughout the entire process.

When he has received the completed investigation report, the Provincial Minister will present the results of the investigation to the friar for response.

Decision-Making
Upon the conclusion of the investigation, the Provincial Minister will exercise his judgment in delivering an appropriate response. If the accused friar has admitted to the substance of the allegation, or in those cases where the allegation continues to be deemed credible or has been substantiated, the Provincial Minister's response could include any of the following:

• psychological and medical assessment and intervention
• restrictions on community life and personal activities
• limitations imposed on ministerial activities, including total removal from public ministry.

In cases where the allegation has been deemed credible or has been substantiated, the Provincial Minister will contact the appropriate diocesan offices to communicate the nature of the allegation and to inform the diocese of the procedure followed and the response of the Provincial Minister to the allegation.

In cases where an allegation of sexual abuse of a minor is substantiated, the friar may not return to public ministry.

If an allegation is deemed to be without merit, the Provincial Minister will coordinate communication with all appropriate parties so that reconciliation can take place where possible and repair of damage to reputations can be undertaken.

In all instances, the final disposition of the matter rests with the Provincial Minister, always recognizing the Friar's right to appeal to Minister General.

It is the Provincial Minister's responsibility to communicate his decision to the person who made the complaint, to the friar involved, and to other parties, including Minister General, as necessary and appropriate.

If at any time during the course of implementing these procedures, civil or criminal proceedings are initiated against the accused friar, these procedures may be suspended immediately, to be resumed, if deemed necessary, only after the completion of the civil or criminal proceedings. In such a case, the Provincial Minister's delegate shall recommend to the Provincial Minister a possible course of action with respect to the accused friar, in keeping with the intention of these procedures and in the interests of justice.

Section 4: Province Sexual Review Board
Establishment and purpose

The Provincial Minister and Council of the ABVM Province hereby establish a Province Sexual Review Board (heretofore referred to as the Board) for the purpose of providing advice to the Provincial Minister on the implementation and administration of the Ethics in Ministry Policies of the ABVM Province. The Board exists solely to provide such advice and has no independent power or authority.
The Board shall consist of 5 to 7 members, including at least one friar of the ABVM Province and other individuals who are not friars.

The Board shall include representation from the following groups: religious (of the ABVM Province or from outside the Province), professionals from the social sciences, (psychologists, counselors, victims' advocates and/or social workers), representatives from the legal or law enforcement profession or state protective services, and laity, preferably parents.

While it may occasionally be acceptable for a Board member to also be an employee of the Province, it is preferable that Board members not to be employees of the Province. At no time may the majority of the Board's friars be employed by the Province.

Appointment and removal of friars
The Provincial Minister shall appoint members of the Board by letter of appointment signed by the Provincial Minister. A member of the Board may be removed at the discretion of the Provincial Minister in consultation with the chair of the Board. Members shall be removed by letter of removal signed by the Provincial Minister.

Members of the Board shall serve a term of three years.

It is preferable for the Board to have no more than two new members in one year. When possible, terms should be staggered to provide continuity for the Board.

Vacancies created by the departure of Board members during their term shall be filled by appointment by the Provincial Minister. Board members appointed to fill a vacancy before the expiration of a term shall serve for the remainder of the unfinished term, and may then be reappointed to a full term at the discretion of the Provincial Minister.

Officers
The Board members shall elect a chairperson who shall serve for a term of one year and may be re-elected at the will of the Board. The chairperson shall call and chair meetings of the Board, ensure that the work of the Board is properly documented and communicated to the Provincial Minister and appoint other ad hoc officers and assistants from among the other Board members as may be required to accomplish the work of the advisory committee.

At the beginning of each meeting of the Board, the chairperson shall appoint a recording secretary to record the decisions and other relevant actions of the Board during that meeting.

Record Keeping
The files of the Board are the property of the ABVM Province. The Provincial Minister and all current Board members shall have access to the Board's files. The Board's files shall be stored at a place designated by the Provincial Minister.

The Board shall create a file on each case or matter it considers. Each file shall contain a written description of the matter presented to the Board, a written summary of the advice given by the Board, a written summary of the action ultimately taken by the Provincial Minister in light of the Board's advice, and such other information as the Board determines to be relevant to any future consideration of the case or matter by the Board or the Province.

Confidentiality
Members of the Board shall sign a confidentiality agreement and undergo a criminal records check.

The records and other information received by the Board shall be treated as confidential, subject to the requirements of law and the policies of the Province.
The Board's advice to the Provincial Minister regarding particular cases shall be confidential; provided, however, that the Provincial Minister may, at his discretion, disclose the advice he received from the Board. The advice or positions taken by particular Board members shall not be disclosed and need not be recorded in the Board files.

The Province recognizes that the Board may receive confidential and sensitive information that could be used to injure the reputations of individuals. At the same time, the Province recognizes that the Board's records may contain information relevant to civil and criminal law investigations.

It is the policy of the Province to cooperate fully with all legal requirements and law enforcement agencies while, at the same time, respecting any applicable civil and canon law rights and requirements of confidentiality and privacy.

The law of certain states and of the United States prohibits the disclosure of certain information, such as mental health communications, substance abuse and alcohol treatment records and HIV testing and AIDS treatment records. The Board shall protect the confidentiality of such information, which it may receive by way of appropriate releases of information, to the fullest extent of the law.

Reporting
All allegations of child sexual abuse committed by a friar or other agent of the Province shall be promptly reported by the chairperson of the Board or the Provincial Minister to the appropriate civil authorities in the jurisdiction in which the alleged incidents occurred. (also see Reporting Policies)

Each Board member is required to report any case of child sexual abuse by a friar in accord with the Province Reporting Policies. Board members need not report matters which have already been reported by the chairperson or Provincial Minister, provided that the report has been documented with a report number and is reviewed by the Board member.

Operating Procedures
The Provincial Minister shall convene the Board at each step of the investigation and processing of an allegation of sexual misconduct in which the Board is to participate. The process is outlined in the Policies for Responding to Incidents and Allegations of Sexual Misconduct. The Provincial Minister or the chairperson of the Board may choose to convene the Board at other times s/he deems advisable.

The Provincial Minister shall convene the Board by notifying the chairperson. The chairperson shall promptly contact the members of the Board and schedule a meeting as soon as practical.

The Board may meet in person or by telephone or other electronic means. The chairperson shall call the meeting to order and introduce the Provincial Minister, his representative or Investigator to present the matter(s) brought before the Board.

The Provincial Minister shall provide the Board with information relevant to the matter under consideration, subject to the requirements of civil or canon law which may prohibit disclosure of such information. Where possible, the Provincial Minister shall obtain the necessary consents to release all such information. The Board shall maintain the information with great respect to its confidentiality.

The Provincial Minister or representative may present information in any form, oral, written, graphic or recording for the Board's consideration. After the presentation, the Board members may ask questions, request additional information, or discuss the matter with the Provincial Minister or representative.

After the question and answer period or discussion is completed, the members shall deliberate and formulate their advice outside the presence of an outside investigator. Deliberations may take place in the presence of the Provincial Minister or his representative, at the discretion of the Board.

After the Board receives presentation and information from the Provincial Minister or representative, it shall carefully consider and deliberate over the information.

The Board shall make recommendations on the matters and at the times provided for in the Policy for Responding to Incidents and Allegations of Sexual Abuse.

The recommendations of the Board shall be summarized in writing for presentation to the Provincial Minister and a document shall be signed by the chairperson on behalf of the full Board. The original written recommendation shall be presented to the Provincial Minister and a copy shall be maintained in the files of the Board.

The Provincial Minister shall share recommendations of the Board with the Provincial Council as needed.

Conflicts of Interest
Any Board member who is related by blood or marriage to, in any kind of employments, financial or business relationship with, in any kind of professional or spiritual counseling relationship with, or who would have any other conflict of interest or the appearance of a conflict of interest with the alleged victim or the accused friar, shall inform the chairperson of the conflict and remove him/herself from all deliberations concerning the particular matter in question.

Any Board member who determines that s/he has a conflict of interest or the appearance of a conflict of interest with the Province itself or with the work of the Board, shall inform the Provincial Minister and the chairperson of the conflict and shall resign from the Board.

Conditions of Province Sexual Review Board membership
The Board members may serve as volunteers or as paid professionals.

The Province shall reimburse all Board members for reasonable expenses incurred in attending meetings of the Board or in otherwise performing their duties as members of the Board.

The Province indemnifies and holds harmless all Board members for any and all claims, lawsuits, damages or other actions, including but not limited to reasonable costs of defense, which may arise from their service on the Board. However, that the Province does not indemnify Board members for intentional tortuous or criminal acts.

Section 5: Supervision and Care of Friars Who Have Abused Minors or Vulnerable

Adults
These procedures describe the elements of a pastoral care framework which will be developed for each Friar of the ABVM Province about whom a credible accusation of sexual abuse has been made. Most of these procedures address cases where the accusation is that of abuse of a minor or vulnerable person.

The purpose of this framework is to:

• assure the Church and the public, especially children and minors, of all reasonable measures to prevent any future occurrence;
• provide a structure within which the friar can continue his life in the Province/Order as a vowed friar of a religious community;
provide appropriate care for the friar and the opportunity for such personal conversion and rehabilitation as may be needed; g
• uide the Provincial Minister, the friar, and others in determining work, place of residence, and other activities;
• encourage friary communities in welcoming and supporting the friar in his desire to continue his life as a friar within this framework; and
• assure friar own communities of both proper care and appropriate limits with respect to their friars in the Order.

It is intended that all of the elements below be adapted in a Safety Plan for each friar, depending on such factors as severity of the accusation(s), notoriety, age and health of the friar, and the recommendations of the ABVM Province Sexual Review Board. The framework, however, sets out the elements to be developed in writing for each friar, reviewed by the Board, and shared with the friar, his guardian and/or provincial minister, and, as appropriate, friars of his local friary community. The Safety Plan shall be signed by the friar and the Provincial Minister.

Evaluation and Therapy
A friar about whom a credible accusation has been made may be asked to submit to a professional evaluation as to his psychological condition and proclivity to harmful behavior in the future.

The friar is free not to undergo an evaluation. If the friar agrees to undergo an evaluation, the Provincial Minister or his delegate will arrange for the evaluation.

Subsequent to that evaluation, the friar may be asked to participate in such inpatient and/or out-patient treatment as recommended by the evaluating professionals, as well as such other physical, psychological, arid spiritual rehabilitation as may be recommended by such professionals or the Province Sexual Review Board, as well as the terms of his Safety Plan.

The friar may be required to report to the Provincial Minister in writing periodically (e.g., monthly, quarterly or annually, as appropriate to the situation), describing his progress in terms of work, therapy, spiritual direction, community life, and such other matters as may be appropriate.

Information resulting from such evaluation, treatment and correspondence is the property of the friar. He may agree to make it available to the Provincial Minister or he may decline to do so.

A friar may further agree to have the information available to the Sexual Province Review Board.

Any information about a friar who has been accused of abuse shall be kept confidential by those receiving it, except as required by law to be revealed.

Public ministry as a friar
An ordained friar found to have abused of a minor or vulnerable person would not be allowed to function publicly as a priest or deacon, including public celebration of the sacraments, use of the title "Father" or "Reverend" in public communications, and the wearing of clerical attire.

In the case of a Brother, he would not be allowed to function publicly in external ministry associated with the ABVM Province or another religious community (e.g., school teaching, coaching, parish staff work) or use of the title "Brother" in public.

No clerical or distinctive religious attire would be allowed for a priest or Brother who has abused a minor.

For a friar credibly charged with sexual abuse of an adult, the Provincial Minister will consider the nature and circumstances of the allegation and the advice of the Province Sexual Review Board in determining removal from, suspension from, or restrictions on public ministry.

Appropriate work
If physically and mentally able, the friar who has been removed from public ministry should engage in appropriate work in support of the ministries of the ABVM Province or in other service to people in need. Such employment might include the following:

• internal work in a community of the Province, such as a place of retire ment
• administrative work for the Province
  
• remunerative non-ministerial work to support the ministries of the Province
• service to people in need such as writing to prisoners, taping books for the sight-impaired
• telephone reassurance programs for shut-ins, working in a food bank or soup kitchen, or some other form of supervised social services.

Where appropriate, friars restricted or removed from public ministry may need vocational assessment and/or occupational counseling to assist in determining meaningful and useful work. The Provincial Minister should consult with the friar involved to determine his interests and capacities and to promote his initiative in developing work opportunities, where appropriate.

In all cases, the service of prayer for the Province, the Order and the Church would be a valuable contribution of the friar.

Place of residence
Any restricted friar would be allowed to live only in a friar community or other appropriate supervised place of residence, as determined by the Provincial Minister.

No separate apartment, private home, or other domicile would be allowed as a permanent residence for the friar.

Commun ty support and community roles
The local community can and should play an important part in helping a friar who has been restricted and who wishes to continue his life as a friar.

After a friar has submitted to evaluation and appropriate treatment, friary communities should welcome the restricted friar as a brother.

It may also be appropriate for a mentor/spiritual director to be appointed for the friar who would assist and support him in his efforts to maintain his program of care and treatment.

A restricted friar, within the community, as allowed by canon law, the friar would be permitted to celebrate the Eucharist only with friars present, lead community prayer, hear confessions of friars only, and perform community jobs and other responsibilities.

A restricted friar would not be allowed to serve as Provincial Minister. A restricted friar must have the specific permission of the Provincial Minister, to serve as Guardian of the community or member of the Provincial Council.

Upon the recommendation of the Provincial Minister, the guardian shall, as appropriate, inform all or part of the community in which such a friar shall live of the fact that a friar is so restricted and the appropriate specific terms of his Safety Plan, so that the community can assist him in achieving its goals.

Communities may need the advice and consultation of appropriate professionals to assist the community is readying itself to receive the restricted friar and to provide him the necessary care and support.

Contact with others
Under no circumstances would a friar credibly accused of abuse of a minor be allowed in contact with minors without the ongoing supervision of other adults present at the time.

This prohibition would include meals in restaurants, going to the movies, riding in automobiles, or private conferences in parish or community offices, community parlors, bedrooms of friars, etc.

Similar prohibitions may be applied to a friar credibly accused of abuse of an adult.

Travel, vacation, retreat
For a friar credibly accused of abuse of a minor, vacations alone or with minors, even supervised, would not be permitted. Vacation should be restricted to friar communities or travel with other friars.

Retreats in locations alone would not be permitted, and retreats would be restricted to friar or other Catholic retreat facilities or friary communities.

Other travel may be restricted to that related to assigned work or family visits; if appropriate, a friar companion for travel also may be required.

Additional specific permissions for travel may be required from the Provincial Minister.

Doubts about specific travel should be referred by the guardian to the Provincial Minister. Again, similar prohibitions may be applied to a friar credibly ac¬cused of abuse of an adult.

Driving
Restrictions may be placed on driving alone or having use of a personal vehicle.
Some restricted friars may be required to request specific permissions for use of house cars from the guardian, to keep a driving log or to only drive with other friars.

Publications and publicity
Restrictions on publications, letters to the editor, web-pages, radio and television appearances, and email may be appropriate.

Sensitivity for victims would dictate caution with regard to photographs of friars displayed in friar publications and institutions, especially those in service to minors.
In some cases a friar's use of mail and phone may need to be regulated.

Information for friars and others
The Provincial Minister, in consultation with the Province Sexual Review Board, will determine whether and/or how to inform the Province membership - in general terms - of those friars who have been restricted.

The Provincial Minister, in consultation with the Province Sexual Review Board, will determine whether and/or how to inform others who may have a need to know - in general terms - of those friars who have been restricted.

Part II: Policies for Maintaining Ethical Ministry with Adults
Standards of Conduct for Ministry with Adults
A pastoral relationship is a relationship between a friar and any person to whom such friar provides pastoral care which includes counseling, spiritual direction or spiritual guidance and/or when a friar has received a confession or confidential/ privileged information. The following are guidelines for maintaining integrity in pastoral relationships with adults.

Boundaries in Ministry
For the purposes of this policy, sexual contact is defined as vaginal intercourse, anal intercourse, oral intercourse or the touching of an erogenous zone of another (including but not limited to the thighs, genitals, buttocks, pubic region or chest) for the purpose of sexually arousing or gratifying either person.

Sexual exploitation is sexual contact between a friar and a person with whom the friar has a pastoral relationship. The nature of the relationship is exploitation, regardless of who initiates the sexual contact.

Friars must never engage in sexual contact with the persons with whom they have a pastoral relationship. This includes consensual contact, forced physical contact, and sexually explicit conversations not related to counseling issues.

Friars assume the full burden for setting and maintaining clear, appropriate boundaries in all pastoral relationships.

Physical contact in pastoral relationships should be respectful and consistent with the intent to provide a safe and comfortable environment.

Ministry should be conducted in appropriate settings at appropriate times and should not be held at places or times that would tend to cause confusion about the nature of the relationship for the person being counseled.

Ministry should not be conducted in private living quarters or bedrooms.

Supervision
Friars who provide pastoral care to others shall be required to have ongoing professional supervision or to refer individuals to professional counseling after six sessions have been held.

Friars practicing formal spiritual direction shall submit that ministry to peer or supervisory review with a spiritual advisor approved by the Guardian.

Friars in pastoral relationships are responsible for seeking the counsel and pastoral guidance of a person of spiritual wisdom should they find themselves at risk of acting on sexual or romantic attraction to a parishioner, client or counselee.

Friars who provide counseling shall maintain a log of the times and places of sessions with each person being counseled.

Confidentiality
Information disclosed to a friar during the course of counseling, advising, or spiritual direction shall be held in confidence whenever possible.

A breach of confidentiality occurs when a friar discloses confidential or privileged information in the absence of compelling professional reasons or as required by law.

A Friar should discuss the nature of confidentiality and its limitations with each person in counseling.

Information obtained in the course of sessions shall be confidential, except for compelling professional reasons or as required by law.

If there is clear and imminent danger to the client or to others, the friar is to disclose the information necessary to protect the parties involved and to pre¬vent harm.

Before disclosure is made, if feasible, the friar should inform the person being counseled about the disclosure and the potential consequences.

The friar providing pastoral counseling services or spiritual direction should keep records of sessions.

With the exception of knowledge gained in the Sacrament of Penance, knowledge that arises from professional contact may be used in teaching or other public presentations. Measures should be taken to absolutely safeguard both the individual's identity and the confidentiality of the disclosures.

If a friar discovers that there is a serious threat to the welfare of a minor and that communication of confidential information to a parent or legal guardian is essential to the child's health and well-being, the pastoral counselor or spiritual directors should disclose only the information necessary to protect the health and well-being of the minor.

Conflicts of Interest
Conflicts of interest exist when a friar takes advantage of a pastoral relationship in order to further his own personal, religious, political, or business interests.

A friar should avoid situations that might present a conflict of interest between a counselor and a person being counseled. Even the appearance of a conflict of interest can call integrity and professional conduct into question.

If a conflict of interest exists or arises, the friar should inform all parties. Resolution of the issues must protect the person being counseled.

The friar must establish clear, appropriate boundaries with anyone with whom there is a business, professional, or social relationship.

Friars shall not step beyond their competence in counseling situations and shall refer to other professionals when appropriate.

Responsibilities in Ministry

• Friars are responsible for recognizing and respecting the power of the ministerial role.
• Friars are responsible for giving and accepting feedback from others.
  
• Friars are responsible for developing resources to meet their own spiritual and emotional needs.
• Friars are responsible for taking care of their own health in order to a void the serious impairment of judgment that is associated with sleep deprivation, nutritional deficiencies and excessive work loads.
• Friars are responsible for not becoming intimate with those they serve in ministry - regardless of who initiates the contact.
• Friars are responsible to avoid swearing or using foul language in the presence of those they serve in ministry.
• Friars are responsible to avoid speaking graphically about sexual activities or allowing others to do so.
• Friars are responsible to avoid showing pornographic materials to those they serve in ministry.
• Friars are responsible for maintaining boundaries with those they serve in ministry at all times.
• Friars are responsible to never use their role in ministry to de grade or humiliate another person.
• Friars are responsible for communicating to a Guardian when they have concerns about their own or others' relationships.

Friars are responsible for recognizing the warning signs of boundary violations. Some of these warning signs include the following:

• Wearing special clothes when you know you are going to see a certain person.
• Spending extra time grooming yourself when you know you are going to see a certain person.
• Finding ways or reasons to be alone with a certain person.
• Keeping aspects of your relationship with a person secret from others (such as how often you talk on the phone or see each other alone).
• Giving and receiving special gifts from a certain person.
• Neglecting to spend time with others because you want to spend more time with a certain person.
• Sharing personal information about others with a certain person. 0 Sharing personal information or seeking help with personal problems from a certain person.
• Excessively looking forward to seeing a certain person. 0 Fantasizing or daydreaming about a certain person.

Reporting Misconduct With Adults
Friars are responsible for ensuring the ethics of ministry in the province. Communication regarding misconduct by Friars in ministry with adults is essential for the continuing the integrity of these ministries.

Friars shall report misconduct with adults to the Provincial Minister. Reports of suspected or known misconduct may be made confidentially (unless otherwise required to be disclosed by canon law) to any of the following:

• The Chair of the Review Board
• The local Guardian; or
• The Provincial Minister

An anonymous, specific and verifiable letter of concern may be sent to any of the above. Anonymous concerns will be investigated to the extent that is feasible based on known information.

Protecting Oneself from False Accusations of Sexual Abuse
Avoiding situations that may lead to false accusations

It is important to observe boundaries when dealing with children and young people. Please become familiar with and be careful to observe at all times Part 1 of this section of this Policy Handbook: Policies for Maintaining Ethical Ministry with Minors, Section 1: Standards of Conduct for Ministry with Minors. It describes forbidden behaviors.

Examples of other behaviors that can lead to false accusations:

• Taking photos of minors they are unclothed or undressing. This is forbidden by civil law.
• Meeting alone in isolated places.
• Wearing provacative or revealing clothes in the presence of minors.
• Giving money to a special minor.
• Being nude in the presence of minors.
• Giving special or secret gifts.
• Commenting on a minor's body.
• Staring while others are dressing.
• Shaming or belittling an individual.

Ways to avoid false accusations
Avoid physical contact of any kind that could be misconstrued. Physical contact with minors can b e misconstrued and should occur only when completely nonsexual and otherwise appropriate. Assume the full burden of responsibility for established and maintaining clear, appropriate boundaries in all situations of contact with young people.

Do not invite minors to your private living quarters or other places at times that would tend to cause confusion. Minors must not be allowed to stay overnight in a friary or rectory unless accompanied by their parents or le gal guardians. If, in rare emergency situations, when overnight accommodations are necessary for the well-being of a young person, take extraordinary care to protect yourself and the fraternity from all appearances of impropriety. Use a team approach to managing emergency situations.

Be aware of your vulnerability when working alone with young people. It is best to use a team approach in managing activities.

Never use alcohol when working with minors. Young people must never be provided with alcohol, illegal drugs or sexually provocative materials.

Avoid being alone with a minor in a residence, sleeping facility, locker room, dressing room or other isolated area.

If you think you may be vulnerable to a false accusation
Friars are encouraged to discuss with their Ministers any situations in which they are concerned about being falsely accused of sexual abuse. They shoul first speak with their Guardian, who should assess the potential for problems resulting from any false accusation. It is important that the friar describe any words or actions that may lead to a false accusation and that he provide the Guardian with a list of people who may be called upon to support the friar's version of events.

The Guardian should inform the Provincial Minister of any potential problems. The Provincial Minister will exercise due diligence in the matter. That may require an interview with the friar who feels that he may be falsely accused. The friar who feels threatened by any false accusation is free to speak with the Provincial Minister about the matter.

Self-Disclosure
"And wherever the friars are, who know and understand that they themselves are not able to observe the rule spiritually, they should and can have recourse to their ministers. Indeed, let the ministers receive them charitably and kindly . . .; (Rb X: 4-5)

Any brother who discloses to the Provincial Minister his concerns about his own attraction to minors or about boundaries with minors will be offered responsible and appropriate assistance. The Provincial Minister will offer the brother an opportunity to participate in an assessment procedure. A course of treatment that may be recommended as a result of the assessment will be available to the brother.

Any ministerial placement will depend upon the successful completion of treatment. The primary concern will be the protection of children and young people.

Any information revealed during the Sacrament of Reconciliation will remain absolutely confidential.

The brothers of the Province are to observe not only the Province's Sexual Abuse Policy but also the policies regarding the protection of children and young people in the dioceses where they serve. This may sometimes involve a duplication of efforts, but it is essential that every brother be in compliance with local diocesan policies and procedures.

The Charter for the Protection of Children and Young People (2005) Essential Norms for DiocesanlEparchal Policies Dealing with Allegations of Sexual Abuse of Minors by Priests and Deacons (2006) of the United States Conference of Catholic Bishops provide general guidelines and each diocese has developed its procedures in accord with the guidelines. Each brother is responsible for becoming familiar with and following local procedures. Questions should be directed to the competent diocesan official.

Updated and Approved by the Provincial Council December 11, 2006

Warning Signs of Abuse
When a child has been victimized they can be afraid to tell anyone, including their parent, about the offense. They may not tell us verbally, but they do communicate their pain. It is crucial that we pay attention to children's signals so that we are able to detect the sometimes subtle changes that can occur after a child has been a victim of sexual abuse. We must be familiar with their normal moods, habits, and their general ways of being. It is then that we are able to recognize behavioral changes that may indicate a significant problem.

Many sex offenders act against victims in stages. In essence, they often attempt to gradually build from minor boundary violations to full blown sexual assaults. The hopeful news is that there is often an opportunity to intervene before the offense becomes most severe. In the sad case where the offense has already become severe, we must intervene so that it is stopped and the child is helped.

When we think of warning signs, we must keep in mind that we a re never certain abuse has occurred until the child confides in us or until a medical, forensic or psychological examination gives evidence that abuse has occurred. Every child is an individual and a particular behavior in one might signal a problem, while in another child it could be only a sign of some development struggle.

The following are warning signs that some form of sexual abuse has occurred or is occurring:

• Signs of anxiety or excessive nervousness.
• Signs that the child has a fear of a particular adult or older child.
• A depressed mood.
• Self-harming behaviors, including cutting oneself.
• Withdrawing from family or friends, isolating behaviors.
  
• Change in sleep patterns or bed wetting where there was no problem such in recent past.
• Expression of pain or illnesses when there is no medical cause.
• Increased nightmares.
• Increased aggression.
• Drug use.
• Indication of pain in genital or anal areas.
• Increase in sexualized behaviors, talk or knowledge that are not age appropriate.
• Attempts to sexualize relationships with adults or other children.
  
• Onset of academic difficulties in school.
• Sudden change in dress, ranging from attempts to cover self to wearing sexualized outfits.
• Fear of going home from school or other activities.
• Touching of own genitals excessively and/or publicly.

When friars notice any of these warning signs, they are to contact the supervisor of the ministry site, the Province's Victims' Advocate and the local law enforcement authorities. It is the responsibility of the friars to report warning signs to police, who are responsible for investigating to determine if sexual abuse has occurred.
Approved by the Provincial Council May 27, 2007