Sexual Misconduct Policy

7. REPORTING AND INVESTIGATION OF ALLEGATIONS OF SEXUAL ABUSE, IMMORAL SEXUAL CONDUCT OR SEXUAL ABUSE OF A CHILD OR SEXUAL HARRASSMENT

7.1 Obligation to Report to Civil Authority: Any employed personnel of the Archdiocese who know or have reason to believe an incident of immoral sexual conduct or sexual abuse of a child by any employee or volunteer of the Archdiocese has occurred shall comply with any applicable reporting or other requirements of state and local laws, unless to do so would violate the seal of confession.

7.1.1 Victims may contact Standing Together Against Rape (hereafter referred to as STAR) for assistance in reporting according to a memorandum of agreement between STAR and the Archdiocese of Anchorage (6/2/03).

7.1.2 A victim may also contact the Victim Assistance Coordinator who will help the victim make a report, if requested to do so. The Coordinator will provide appropriate support and help to the victim and his/her family, if needed.

7.1.3 Those Reporting an Allegation other than the victim:

The person reporting the allegation to civil authority (law enforcement and OCS) or asks their supervisor to do so.
This report shall follow as soon as reasonably possible with written documentation.
The Vicar General or other designate shall notify the Archbishop, the Independent Investigator and the Review Board of the alleged incident. The Vicar General will report any allegation of sexual abuse, immoral sexual conduct or sexual abuse of a child to the appropriate public authorities, and will support and advise all alleged victims of their right to make a separate report to the public authorities.

7.1.4 When accusations of immoral sexual conduct or sexual abuse of a child are made against personnel (employed or volunteer) of the Archdiocese, an officially designated archdiocesan representative (i.e. Assistance Coordinator) will promptly initiate contact with the alleged victim and family. If the alleged victim is a vulnerable person (See Sec. 1.2), the representative and/or advocate will offer to meet with the parents or legal representative on behalf of the Archdiocese. If the alleged victim is an adult, the representative and/or advocate will initiate contact with the person in question.

7.1.5 The Assistance Coordinator will work with the alleged victim and/or victim's family for the purpose of offering whatever concern or solace may be needed. Such assistance will be offered as a matter of pastoral concern, and shall not be construed as an admission of legal responsibility. Medical, psychological and spiritual assistance may be offered in the spirit of Christian justice and charity.

7.1.6 Outreach Services for Victims. In cases where a cleric admits to, does not contest, or is found guilty of sexual abuse, immoral sexual conduct or sexual abuse of a child either the Archbishop or one of his representatives will offer to meet with the injured party, victim and/or the victim’s family. In addition, the Archdiocese will provide the victim with counseling, spiritual assistance, a support group, or other similar outreach services as appropriate.

7.2 Investigation of Reported Incidents regarding minors (under the age of 18).

7.2.1 Upon being notified of an alleged incident of immoral sexual conduct or sexual abuse of a child, the Chancellor or Vicar General shall promptly notify the Independent Investigator of the allegations and request an investigation as to the accuracy of such allegations. Each reported incident will be investigated as soon as reasonably possible, with care taken not to interfere with any criminal investigation, and with a high level of Christian care, concern and confidentiality. The initial investigation shall be conducted by the Independent Investigator and her/his findings submitted to the Review Board and Vicar General for such further investigation as may be appropriate in accordance with the policies and procedures of the Review Board, a copy of which is attached to this policy as Appendix I.

7.2.2 The Review Board will assess all accusations of sexual abuse, immoral sexual conduct or sexual abuse of a child, and will communicate its assessment and advice to the Archbishop of the Archdiocese, the alleged victim, and the alleged perpetrator.

7.2.3 When an accusation of sexual abuse, sexual misconduct or sexual abuse of a child appears credible, the alleged perpetrator, in accordance with canonical and other considerations, will be relieved of all responsibilities in the

Archdiocese, parish, office, or institution, and be placed on administrative leave pending the outcome of the internal and any outside investigation. The priest or deacon will be asked by the Archbishop to undergo an appropriate evaluation. (c.f. Charter for Protection of Children and Young People, Article 5, paragraph 2 ff.)

8. REPORTS OF SEXUAL HARASSMENT

Any personnel of the Archdiocese who know or have reason to believe an incident or a pattern of sexual harassment has occurred shall report as outlined in 7.1.2 above unless to do so would violate the seal of confession.

8.1 Action Where Guilt Determined. If the allegations are substantiated, the Investi-gator shall inform the Review Board of the results of the investigation, and the Review Board shall make recommendations regarding appropriate disciplinary action, up to and including termination of employment.

9. FALSE ACCUSATIONS AND UNSUBSTANTIATED CLAIMS

There is always the possibility of false accusations or unsubstantiated claims made for whatever reason. It is important for all diocesan personnel to know that both civil law and canon law (cc.1390-1391) provide penalties for the crime of falsehood in which individuals become victims of false denunciation and calumny. In cases where the alleged perpetrator is found not guilty, and/or false accusations or unsubstantiated claims were made, the Archbishop and Vicar General will take every reasonable step to restore publicly the good name and reputation of the falsely accused.