| I. INTRODUCTION
The Sisters of the Order of St. Dominic, American Congregation of the
Holy Cross, Amityville, New York respect the dignity of all persons. The
mission and identity of the Congregation of the Sisters of St. Dominic
are rooted in Gospel values. The Congregation continues today the legacy
of its founders, through diverse ministries, all of which bring our Sisters
into daily contact with adults, young people and children. The core values
of the Congregation call each sister to a deep reverence and respect for
each person to whom and with whom she ministers.
In keeping with this mission, the Congregation acknowledges the very
serious nature of all forms of inappropriate conduct toward anyone entrusted
to our care. Therefore, as a Congregation, we affirmatively state that
any sexual abuse of minors or vulnerable adults is unacceptable conduct.
The Sisters of St. Dominic, therefore, adopt this policy to protect potential
victims of sexual abuse to the fullest extent possible. Sexual abuse is
not in keeping with the Gospel, and is not within the scope of religious
life or ministry, and is not permitted or condoned in any manner.
The following policy and guidelines are intended to assist the Congregation
by creating the framework that keeps paramount the central concerns of
love and compassion for the victim and fairness to the accused. At the
same time, we recognize that the existence of unusual, unique, exigent
or particular circumstances may necessitate action different from that
stated in the guidelines.
The policy and guidelines are not intended to create any rights in any
person, to obligate the Congregation to act at any time or in any manner,
or to establish any responsibility of the Sisters of St. Dominic. In addition,
there may be cases where the tenets of the Catholic religion, the prescriptions
of canon law, or the greater good of all concerned require that action
at variance with the provisions of these policies and guidelines be taken.
II. POLICY STATEMENT
As Sisters of the Order of St. Dominic, American Congregation of the
Holy Cross, Amityville, New York, we are committed to responding to all
allegations of sexual abuse and to protecting the rights of and providing
pastoral support for all concerned. To the degree possible, confidentiality
will be respected on behalf of both the alleged victim and the accused.
Allegations will be responded to immediately and necessary notifications
will take place in a timely manner.
A. Scope of Policy
- Morally inappropriate
conduct would include but not be limited to sexual abuse of minors
and vulnerable adults. The Prioress and her designee will determine
whether conduct is covered by the policy and guidelines.
- This policy applies specifically
to allegations of sexual abuse.
- This policy applies to
all Sisters currently in the Congregation who have taken vows, including
those who have taken temporary vows, novices, and candidates who are
currently living in Congregation. The policy does not cover associates,
anyone who has been dispensed from vows, or anyone who has been through
the process of exclaustration for more than three (3) years.
B. Definition of Terms
- Sex Abuse
Sexual Abuse occurs when
a person violates the applicable penal law, criminal code or other
state law provisions regarding sexual crimes or violations. Categories
of sexual abuse may include behavior such as the following: incest,
pedophilia, molestation, exploitation, statutory rape, rape. In
general, sexual abuse is criminal. Sexual abuse of a minor must
be reported to law enforcement officials and/child protective agencies.
Confidentiality in these cases does not apply.
- "Minor"
Under obscenity laws
in the state of New York, a "minor" is defined as any
person less than seventeen years old. Pursuant to certain Penal
Law provisions in New York state, conduct constituting criminal
sexual abuse of a minor is charged by degree depending upon the
age of the victim. In addition, such charges can be brought if the
victim is incapable of consent by reason of some factor other than
being less than seventeen years old.
- "Vulnerable Adult"
A vulnerable adult generally
is one who by means of some physical, mental or other impairment
is not capable of giving consent.
III. REPORTING OF INCIDENTS
OR COMPLAINTS
A. Reporting Sexual Abuse
Allegations
The Sisters of St. Dominic
regard sexual abuse as a very serious matter. Any individual who is
a victim of sexual abuse or believes a minor or vulnerable adult has
been the victim of sexual abuse by a member of the Congregation is urged
to bring that information to the immediate attention of a member of
the Central Council and/or the Prioress. All such incidents must ultimately
be reported to the Prioress.
The Sisters of St. Dominic
are committed to responding to all allegations of sexual abuse and to
protecting the rights of the individuals concerned, as well as to provide
pastoral support. The alleged victim of sexual abuse will be treated
with respect, openness and compassion. This person will be assured of
a prompt response and will be informed of the specific procedures which
will be followed. In addition, the individual bringing the accusation
will be informed of the Congregation’s commitment to confidentiality.
B. Nature of the Actions to Be Taken
In cases of allegations of
sexual abuse, the Sisters of St. Dominic will: (i) observe the prescriptions
of canon law and the policies of the Sisters of St. Dominic American
Congregation of the Holy Cross; (ii) inform and cooperate, where appropriate,
with diocesan authorities; (iii) inform and cooperate with law enforcement
officials and child protection agencies when required by law; and (iv)
respect and adhere to the laws of the civil jurisdiction involved. The
Prioress will be responsible for implementing the policy and procedures
for addressing allegations of sexual abuse.
Therefore, upon receipt of
an allegation, informal complaint or formal complaint, the Congregation
shall initiate action through its Response Team, including the Prioress
and her designees:
- if the complaint involves
alleged sexual abuse of a minor, the Prioress and her designees
will assure that there has been compliance with the requirements
of all applicable reporting statutes; a copy of the New York State
law regarding reporting requirements in instances of alleged sexual
abuse of a minor is attached to this policy statement. In addition,
the Prioress and/or her designees will urge the complainant to notify
legal authorities and assist the person to do so if the complainant
wishes; the person bringing the allegation of sexual abuse may also
be asked for a written statement describing the allegation.
- the Response Team will
make immediate arrangements to remove the accused from further contact
with the person making the accusation, the alleged victim, and all
minors in the case of alleged sexual abuse of a child, unless particular
circumstances make it clearly unnecessary;
- when a complaint or
allegation of sexual abuse is received about a Sister of St. Dominic,
if that complaint is received by another Sister within the Congregation,
the Sister who receives the complaint or allegation shall inform
the Prioress immediately.
- the Prioress and her
designee will inform the accused Sister. The Prioress will instruct
the accused Sister that there is no attorney/client privilege between
them (e.g., anything the Sister says about the matter may be revealed
should there be further proceedings in the legal system). With the
advice of the Congregational attorney, the Prioress may delegate
a Sister of St. Dominic, including, but not limited to a member
of the Central Council, to be the support person for the accused
Sister.
- the Prioress will notify
the district attorney as warranted;
- the Prioress shall arrange
for a separate attorney, other than the Congregational lawyer, to
represent the Sister;
- the Prioress or her
designees will notify appropriate professional advisors (i.e., the
attorneys for the congregation, the insurance carrier, etc.);
- the Prioress will contact
the diocesan Bishop;
- the Prioress or her
designees will designate a media spokesperson immediately should
the allegation become public, and will instruct the media spokesperson
to consult with the Prioress and the Congregation’s attorneys
prior to making any public statements;
V. INVESTIGATION AND REVIEW
BOARD ASSISTANCE
As noted previously, the Congregation
takes all accusations of sexual abuse seriously. The investigation and
resolution of allegations and complaints will be driven by pastoral concern
for the victim and for the accused and by concern for the good of the
Congregation and the wider community. The Prioress and her designees are
responsible for initiating the investigation. Allegations will be treated
confidentially to the extent possible to protect victims, witnesses and
those who may be wrongfully accused.
A. Procedure:
With respect to the investigation,
the following procedures apply:
1. The Prioress may appoint
a delegate in consultation with the attorneys for the Congregation
to investigate allegations of sexual abuse. This outside investigator
will not be a Dominican Sister.
2. If an outside investigator
is engaged, the investigator will attempt to interview both the alleged
victim and the accused individual, along with any potential witnesses.
3. All appropriate steps
will be taken to protect the reputation and privacy of those involved:
complainant(s), victim(s) and the accused.
4. The accused Sister may
be asked to voluntarily refrain from ministry while the investigation
of the allegation is carried out.
5. Careful inquiry is made
about the facts of the allegation to determine whether there is sufficient
evidence that the sexual abuse of a minor has occurred.
6. While the investigator
undertakes these responsibilities, the Prioress will convene the Review
Board , with the advice of the Congregation’s attorney and will
consult a canon lawyer as well as mental health professionals. The
Review Board will consist of two Dominican Sisters, mental health
professionals (psychiatrist, psychologist, or social worker), [and
a parent] The Review Board may also consult a canon lawyer. The Review
Board will provide consultation and advice regarding credibility issues,
substantiality of the accusation, suggestions on the safety plan for
the accused member and periodic review of the sexual abuse policy
implementation as well as any changes to the policy.
7. Central Council may,
in its discretion, provide pastoral assistance such as counseling
or reimbursement for such services to the alleged victim regardless
of the credibility or substantiation of the allegation.
8. The investigation will
be completed within a reasonable period of time. The Prioress and
her designees will take steps to insure that an evaluation, assessment
and therapy are provided for the accused Sister as needed. An accused
Sister may be urged to voluntarily comply with an appropriate medical
and psychological evaluation at a facility mutually acceptable to
the Congregation and the accused. If an accused Sister admits to the
allegation, she will be referred to an appropriate treatment program.
In that instance, the Sister will not be permitted to engage in a
ministry that involves direct contact with minors.
B. Disposition of the Matter
1. The investigator and
the Review Board will report their findings to the Prioress. The report
of the investigation may include recommendations for appropriate action.
The report should be factual only and should not contain subjective
opinions or information that would otherwise be confidential or private.
The Prioress, along with her designee, will inform both the alleged
victim and the accused individual the results of the investigation.
Pastoral attention shall be given to both accuser and accused.
2. If the investigation
and the findings of the Review Board disclose that morally inappropriate
conduct did not occur, the accused may be reinstated to ministry.
Upon such a finding, the Congregation will do all that is possible
to restore the good name and reputation of the accused Sister.
3. If the investigation
and findings of the Review Board conclude that morally inappropriate
conduct did occur, the Congregation shall:
(a) have the right to
take appropriate action against the accused individual, including
termination of ministry subject to the requirements of canon law;
(b) consider the results
from any psychological evaluation and arrange for an administrative
leave during which all public ministries shall cease and a prescribed
treatment program shall be mandated;
(c) continue appropriate
pastoral assistance for the victim and the victim’s family;
(d) take all other actions
necessary to show compassion and concern to the victim, the accused,
and the affected Congregation in accordance with the mission of
the Congregation.
Individual circumstances
may prescribe a course of action that is at variance with these guidelines.
Support for such action, however, will be documented.
C. Protecting the Rights of the Victim and the Accused
In the event the Congregation
receives a complaint or allegation of sexual abuse, the investigator
and the Review Board must take reasonable steps to protect the confidentiality
of both the accuser and the accused. All involved need to recognize
the fact that the resolution of such a complaint or allegation often
depends upon the credibility of the parties.
With respect to the alleged
victim, the investigator and the Review Board must ensure that individual’s
right to be free from retaliation. The response by the Congregation
must also respect the privacy interests of the alleged victim. The alleged
victim will be treated with compassion and dignity and will be assured
of a prompt response. The person will also be informed of the investigative
procedures in place and the time frame in which a response may be expected.
With respect to the accused
Sister, the investigation and board review process must protect that
individual’s right to privacy and be sensitive to any potential
for false allegations. The accused Sister will be further informed that
communications between the Sister and the Prioress concerning such allegations
are not privileged and confidential and that only communications between
the Sister and her attorney are covered by such a privilege. The accused
Sister will be advised of her right to an attorney to assist her in
having her questions answered and in responding to the allegations.
The Sister will also be assured of the Congregation’s commitment
to its moral obligations to her through this process.
VI. PREVENTION
As has been the case in the
past, the Congregation will periodically conduct educational workshops
for members regarding various types of sexual abuse, recognizing a problem
and effective intervention.
VII. IMPLEMENTATION AND
MONITORING
These policies and procedures
are effective immediately. The Central Council will continue to provide
materials for the education of our members as well as information about
any relevant legislation as such information becomes available. This policy
may be applied as appropriate in cases of sexual exploitation of adults.
The foregoing procedures will be monitored on a regular basis in consultation
with the Congregation's counsel and the Review Board. The policy itself
will be reviewed on a bi-annual basis by the Central Council in consultation
with the Congregation's counsel and the Review Board.
APPENDIX “A”
Reporting Requirements under
New York Law
Under Section 413 of the New
York Social Services Law, various individuals, by virtue of their occupational
standards or professional mandates, are required to report to state agencies
or law enforcement when child abuse/neglect is suspected.
1. Those Who Must Report:
* Physicians, registered physician assistants; surgeons; medical examiners;
coroners, dentists; dental hygienists; osteopaths; optometrists; chiropractors;
podiatrists; residents; interns; registered nurses; emergency medical
technicians;
hospital personnel engaged in the admission, examination, care of treatment
of persons; or a Christian Science practitioner;
* School officials; social
services workers; day-care center workers;
providers of family or group family day-care; employees or volunteers
in a residential care facility; or any other child care or foster care
worker;
* Psychologists; mental health
professionals; substance abuse counselors;
alcoholism counselors;
* Peace officers; police
officers; district attorneys or assistant district attorneys;
investigators employed in the office of a district attorney; or other
law
enforcement officials.
2. Circumstances In Which
Report Must Be Made:
* When individuals referenced
above have reasonable cause to suspect that a child
coming before them in their professional or official capacity is an
abused or
maltreated child; or
* When they have reasonable
cause to suspect that a child is an abused or maltreated child where
the parent, guardian, custodian or other person legally responsible
for such child comes before them in their professional or official capacity
and states from personal knowledge facts, conditions or circumstances
which, if correct, would render the child an abused or maltreated child.
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