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Official Sexual Misconduct Policy PDF Print E-mail

Approved by the Bishops of the Catholic Apostolic Church of Antioch


PURPOSE

The Catholic Apostolic Church of Antioch (herein after "Church") expressly prohibits any misconduct on the part of our clergy, seminarians or any person using the mantel of authority from the Church. The Church cannot monitor the daily interaction between clergy, seminarians, and any person who is a part of this organization and its members and the general public, but can express our complete and utter prohibition against any inappropriate sexual activity by our clergy, seminarians or any person acting under the mantel of authority from the Church or through any of our chartered churches.

The purpose of this policy is to articulate the Church's abhorrence to sexual misconduct on the part of any clergy person, seminarian or any person associated with this Church, to set out a process to permit any person who believes he/she has been a victim of sexual misconduct to report this information, and for Church officials to report information to law enforcement or any agency as deemed necessary.

While sexual misconduct is not supported under any Church doctrine or tenet, there may be a clergy person or seminarian who does not act in accordance with their training or vows. The Church is not responsible for the sexual misconduct or any inappropriate sexual activity of our clergy and seminarians and has developed this policy to allow any person to notify Church officials of any allegation so that appropriate action can be taken. The Church takes all complaints about sexual misconduct on the part of a clergy person or seminarian from the public seriously. All of the clergy and seminarians have been informed of this policy and Church's intent to enforce it strictly. The Church has posted this policy on it's website, made this policy available to all clergy, seminarians and to all who desire a copy of this policy from our Church Central. The Church also has made mention of the availability of this policy in it's Book of Order which is our Canons and Policies brochure, our Glossary of Terms brochure and will make mention of this policy in all newly created information about our church. A copy of this policy will be sent to all new applicants to Sophia Divinity School.



REPORTING PROCESS

Any person who has had any interaction with any of our clergy or seminarians affiliated with the Church can and should report statements, acts or behavior that he/she believes may be inappropriate to Church officials in accordance with this policy. Sexual misconduct means that a clergy person or seminarian engages in any of the following behaviors if they are UNWELCOME or UNSOLICITED: Statements to any person of any sex or age that are sexual in nature; an overt sexual gesture; attempting to grope, kiss, or touch another person; or attempting to engage in an unwelcome or unsolicited personal or sexual relationship. In addition engaging in any sexual behavior with any minor, welcome or otherwise, shall constitute sexual misconduct. This includes any acts of sexual deviancy, promiscuity, predatory sexual advances, pedophilia or any other form of sexual defilement.

In the event a person believes or suspects a clergy person or seminarian may be or has violated this sexual misconduct policy, a complaint should be filed with the Church headquarters (commonly called "Church Central") as soon as possible at the following address:

THE CATHOLIC APOSTOLIC CHURCH OF ANTIOCH
12455 N Columbine Dr.
Phoenix AZ 85029
602-789-6251

www.churchofantioch.org

This email address is being protected from spam bots, you need Javascript enabled to view it

The Church prefers that any complaint be made in writing to Church Central. However, if the person is unable to make a complaint in writing, then a telephone report may be made to the number listed. The person may report the complaint to any clergy person in our church directly, as well. However, only complaints that are received at Church Central can be assured to receive a response in accordance with this sexual misconduct policy.

This policy applies specifically to sexual misconduct or inappropriate sexual activity. However, any time a person has a concern of any kind, he/she should bring the information forward to allow Church officials to respond. The Church encourages open and frank communication with all persons about any matter of concern.

When a complaint is received at a local church or to any clergy person or official connected with our Church, that person must and shall report the information to Church Central immediately. Immediately means as soon as possible, but in no event, not later than forty-eight hours from receipt of the allegation. The clergy person receiving the complaint should write down the person's name, address, phone number, the date the incident allegedly took place, a description of the allegation and the best way to contact the person who claims to have been violated in any way.

It is not up to the clergy person or seminarian receiving the complaint to verify the information or to conduct an investigation. The clergy person or seminarian must report the information to Church officials at Church Central. If the person reports the incident to the local clergy or seminarian only and does not receive a response within three days, then they should report the allegation to Church Central at the address listed.

When Church officials receive a complaint about sexual misconduct, the clergy person or seminarian accused is immediately notified and suspended from conducting any and all activities on behalf of the Church. This means the suspension of all Church and priestly activities, such as spiritual counseling, spiritual direction or the performance of any sacraments. Church officials will contact law enforcement or other appropriate agencies with the information, as soon as possible, but no later than forty eight hours from receipt of the allegation. Law enforcement must be notified before the Church starts its investigation. The only exception is for information received during the Sacrament of Reconciliation (confession) as provided in this policy.

The Church pledges its full cooperation with law enforcement or any appropriate agencies, except as provided in the exception for information received during the administration of the Sacrament of Reconciliation. The complaint will be turned over immediately to the Church Board of Governors. The Church Board of Governors or its designated representatives may investigate the allegation to determine the guilt or innocence and the discipline of the accused in conformity with Church doctrine that is not necessarily in conformity with civil or criminal law. The investigation undertaken must be wide enough in scope to make a credible determination about whether the allegation has merit. The person or persons assigned to complete the investigation on behalf of the Church should be sensitive to the alleged victim when requesting information or a statement. The investigation should take sixty days from the date the Church officials receive the complaint. The investigation time period can be extended at the discretion of Church officials. The Church may be requested to defer their investigation upon the request of law enforcement. In those cases, the clergy person or seminarian against whom the allegations are made may not return to active duty or assume any activity on behalf of the Church until the resolution of the investigation. In addition, the Church may delegate its investigatory authority to law enforcement and rely on their conclusions.

When the investigation is complete, the Board of Governors for the Church shall meet to determine what action should be taken against the offending clergy person or seminarian. The Church may select any option pursuant to Church doctrine. The person who made the complaint may request to appear before the Board of Governors to express his/her opinion or to offer any information. The Board of Governors may make a decision after hearing the information or may take the matter under advisement.

The Board of Governors will make every effort to make a decision as promptly as possible. The accused clergy person or seminarian may not act under the authority of the Church or provide any service related to the Church during the investigation and until the decision from the Board of Governors is issued. The Board of Governors contacts the person, in writing, who made the allegations and informs them of the result of the investigation, and any sanction imposed in the event the allegations are substantiated. If the allegations are unsubstantiated, then the Board of Governors will not release the report to safeguard the reputation of the clergy person or seminarian.

The Board of Governors' decision is final.



SACRAMENT OF RECONCILIATION

The Church follows the Canon Law of the Roman Catholic Church for any information or conversation that occurs during the Sacrament of Reconciliation. The seal of confession is absolute. Nothing learned by a clergy person during the administration of the Sacrament of Reconciliation may be divulged to anyone for any purpose.

This means that any person who discloses any allegation or makes an admission about sexual misconduct about a clergy person or seminarian to a priest of the Church during the Sacrament of Reconciliation cannot compel the clergy person who receives the information from divulging it. The clergy person of the Church cannot under any circumstances speak to anyone, including law enforcement, about any matter that is disclosed during the administration of this Sacrament.

Accordingly, the reporting and investigation procedures are not applicable for any information concerning sexual misconduct or inappropriate sexual activity during the Sacrament of Reconciliation. This exception does not apply if a person receives spiritual counseling, spiritual direction or to any circumstances outside of the Sacrament of Reconciliation.

The Church is not responsible for the act or acts of any clergy person, seminarian, or a person acting under the mantel of the authority of the Church. Any act of sexual misconduct or inappropriate sexual activity is an act that occurs outside the scope of employment, contract and duties required of any person affiliated with the Church. Every clergy person, seminarian or person acting under the mantel of authority of the Church understands and agrees to hold the Church harmless and indemnify the Church from any and all action(s) arising from any allegation, investigation, indictment, criminal prosecution or dismissal from the Church resulting from act(s) of sexual misconduct or inappropriate sexual activity.



DIS-ASSOCIATION

If any clergy person, seminarian or person acting under the mantel of the authority of the Church is convicted of an act of sexual misconduct or inappropriate sexual activity or has any allegation of sexual misconduct or inappropriate sexual activity substantiated through this policy, then he/she shall not hold himself or herself out as a member of the Church, perform any duties for the Church and may not in any way use any indicia of the Church for any purpose. The Board of Governors shall make all final decisions as to the status of the accused clergy person or seminarian after a final decision of guilty or exoneration has been rendered.

If any clergy person or seminarian continues to hold themselves out as an active member of the Church's clergy or uses indicia of the Church for any purpose, then the Church reserves the right to take whatever steps are necessary to protect the interests of the Church.

If a clergy person or seminarian is convicted of a criminal offense, including a misdemeanor, for sexual misconduct or inappropriate sexual activity, then she or he may not petition to the Board of Governors for reinstatement. If the clergy person or seminarian is not convicted of a criminal offense, but has allegation(s) of sexual misconduct substantiated through the Church's investigation, then he may not petition to the Board of Governors for reinstatement. If the priest or seminarian is not convicted of a criminal offense and the Church's investigation does not substantiate the allegation, then the Board of Governors, at their discretion, may lift the suspension restoring the clergy person or seminarian to active status.


Last updated: 5/29/03
 
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