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Preface
PREFACE
The Charter
for the Protection of Children and Young People was
approved by the full body of the United States Conference of
Catholic Bishops (USCCB) in 2002 and again in 2005. Article
VI of the Charter document requires all of the dioceses to
publish “standards of ministerial behavior
and appropriate boundaries for clergy and for other church personnel
in positions of trust who have regular contact with children
and young people.” Updated March 5, 2007
The purpose of this Code
of Conduct is to
develop and implement uniform guidelines for appropriate behavior,
in accord with Article VI of the Charter. The Code
of Conduct does not address all situations which might arise in interpersonal
pastoral relationships. Rather, it is a guideline for addressing
a variety of circumstances that, if not properly handled, may
lead to incidents, allegations, claims and/or lawsuits. As such,
this Code of Conduct provides a basic structure for identifying
limits of behavior in certain situations. It is intended to be
a “continuous improvement document,” and, therefore,
may be amended.
The Diocese of Rapid City is committed to
creating and maintaining the safest possible environment for
our children and young people. All priests, deacons, lay employees
and volunteers will be held accountable for their own behavior.
The Church must set and follow exemplary standards in this regard.
This Code of Conduct has been approved by the Most Reverend Blase
J. Cupich, Bishop of Rapid City, on September 8, 2003, after
due consultation with the Diocesan Review Board.
1.0
PREAMBLE
Priests, deacons, lay employees and volunteers
in our diocese, parishes, religious communities and institutes,
schools, and other organizations must uphold Christian values
and maintain codes of conduct. This Code
of Conduct provides
a set of standards for behavior in certain pastoral situations.
2.0
RESPONSIBILITY
Priests, deacons, lay employees and volunteers
who conduct themselves appropriately in public and in private
inspire and motivate other persons to behave in the same way.
If persons who have positions of trust in the Church behave inappropriately,
they cause harm to others, scandalize them, and undermine their
faith. Priests, deacons, lay employees and volunteers must always
be aware of the responsibilities that accompany their work. They
must also realize that God’s goodness and grace supports
them in their ministry.
Responsibility for adherence to this Code
of Conduct rests with the individual. Priests, deacons, lay employees
and volunteers who disregard this Code
of Conduct will be subject
to remedial action by their immediate supervisor or supervisory
body (bishop, parish, religious community/institute, school,
etc.). Remedial action may take various forms, from a verbal
reproach to removal from ministry, employment or volunteer service,
and its severity will depend upon the specific nature and circumstances
of the offense and the extent of any harm done. The Charter
for the Protection of Children and Young People and the accompanying
Norms govern the Church’s response in such matters involving
clergy.
3.0
PASTORAL STANDARDS
Pastoral counselors and spiritual directors
include priests, deacons, lay employees and volunteers who provide
pastoral, spiritual and/or therapeutic counseling services to
individuals, families and other groups.
3.0.1 Pastoral counselors and spiritual directors
shall not step beyond their competence in counseling situations
and shall refer clients to other professionals when appropriate.
3.0.2 Pastoral counselors and spiritual directors
shall carefully consider the possible consequences before entering
into a counseling relationship with someone with whom they have
a pre-existing relationship (i.e., employee, professional colleague,
friend or other pre-existing relationship). [C.F. Section 7.2.2]
3.0.3 Pastoral counselors and spiritual directors
shall not audiotape or videotape sessions with clients.
3.0.4 In addition to the requirements of maintaining
a professional relationship and one’s commitment to celibacy,
pastoral counselors and spiritual directors must never engage
in sexual intimacies with persons whom they counsel. This includes
consensual contact, forced physical contact and inappropriate
sexual comments
3.0.5 In addition to the requirements of maintaining
a professional relationship and one’s commitment to celibacy,
pastoral counselors and spiritual directors must not engage in
sexual intimacies with individuals who are close to the client,
such as relatives or friends of the client, when there is a risk
of exploitation or potential harm to the client. Pastoral counselors
and spiritual directors should presume that the potential for
exploitation or harm exists in such intimate relationships.
3.0.6 Pastoral counselors and spiritual directors
must assume the full burden for establishing and maintaining
clear, appropriate boundaries in all counseling and counseling-related
relationships.
3.0.7 Physical contact of any kind (i.e.,
touching, hugging, holding) between pastoral counselors or spiritual
directors and the persons they counsel can be misconstrued and
should be avoided.
3.0.8 Sessions should be conducted in appropriate
settings at appropriate times.
3.0.8.1
No sessions should be conducted in private living quarters.
3.0.8.2
Sessions 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.
3.0.9 Pastoral counselors and spiritual directors
shall maintain a log of the times and places of sessions with
each person being counseled.
3.1
CONFIDENTIALITY
Information disclosed to a pastoral counselor
or spiritual director during the course of counseling, advising
or spiritual direction shall be held in the strictest confidence
possible.
3.1.1 Information obtained in the course
of sessions shall be confidential, except for compelling professional
reasons or as required by law.
3.1.1.1 If there is clear and imminent
danger to the client or to others, the pastoral counselor or
spiritual director may disclose only the information necessary
to protect the parties affected and to prevent harm.
3.1.1.2 Before disclosure is made, if
feasible, the pastoral counselor or spiritual director should
inform the person being counseled about the disclosure and
the potential consequences.
3.1.2 Pastoral counselors and spiritual
directors should discuss the nature of confidentiality and its
limitations with each person in counseling.
3.1.3 Pastoral counselors and spiritual
directors should keep minimal records of the content of sessions.
3.1.4
Knowledge that arises from professional contact may be used in
teaching, writing, homilies or other public presentations only
when effective measures are taken to absolutely safeguard both
the individual's identity and the confidentiality of the disclosures.
3.1.5
While counseling a minor, if a pastoral counselor or spiritual
director discovers that there is a serious threat to the welfare
of the minor and that communication of confidential information
to a parent or legal guardian is essential to the minor’s
health and well-being, the pastoral counselor or spiritual director
should:
3.1.5.1 Attempt to secure written
consent from the minor for the specific disclosure.
3.1.5.2
If consent is not given, disclose only the information necessary
to protect the health and well-being of the minor. Consultation
with appropriate church supervisory personnel is required before
disclosure.
3.1.6 These obligations
are independent of the confidentiality of the confessional.
Under no circumstances whatsoever can there be any disclosure – even indirect
disclosure – of information received through the confessional.
3.2
CONDUCT WITH MINORS
Priests, deacons, lay employees and volunteers
who supervise minors shall maintain an open and trustworthy relationship
between themselves and the minors.
3.2.1 Priests, deacons, lay employees and
volunteers must be aware of their own and others’ vulnerability
when alone with minors. A team approach must be used when conducting
activities for minors.
3.2.2 Physical contact with minors can
be misconstrued and should occur (a) only when completely nonsexual
and otherwise appropriate and (b) never in private.
3.2.3 Priests,
deacons, lay employees and volunteers must refrain from (a) possession
or use of illegal drugs at all times and (b) the use of alcohol
when working with minors.
3.2.4 Priests and deacons are not permitted
to allow minors to stay overnight in their private accommodations
or residence.
3.2.5 Priests, deacons, lay employees and
volunteers should not share private overnight accommodations
with minors, unless written permission from the parent or legal
guardian of the minor has been granted. This includes, but is
not limited to, accommodations in any church facility, private
residence, hotel room or any other place where there is no other
adult supervision present.
3.2.5.1
In rare, emergency situations, when accommodation is necessary
for the health and well-being of a minor, priests, deacons,
lay employees and volunteers should take extraordinary care
to protect all parties from the appearance of impropriety and
from all risk of harm. A team approach should be used when
managing such emergency situations.
3.3
SEXUAL CONDUCT
Priests, deacons, lay employees and volunteers must not, for sexual
gain or intimacy, exploit the trust placed in them by the faith
community.
3.3.1 Priests, deacons, religious, lay employees,
and volunteers who are committed to a celibate lifestyle are
called to be an example of celibate chastity in all relationships
at all times.
3.3.2 Priests, deacons, lay employees and
volunteers who provide pastoral counseling or spiritual direction
services must avoid inappropriate intimate relationships with
other persons and must behave in a professional manner at all
times.
3.3.3 Priests, deacons, lay employees and
volunteers shall not exploit other persons for sexual purposes.
3.3.4
With regard to reporting sexual misconduct, the policies of the
Diocese of Rapid City shall be followed to protect the rights
of all involved.
3.3.5 Priests, deacons, lay employees and
volunteers should review and know the contents of the child abuse
regulations and reporting requirements for the State of South
Dakota and should follow those mandates.
3.4 HARASSMENT
Priests, deacons,
lay employees and volunteers must not engage in or tolerate
the physical, psychological, written or verbal harassment of
other persons, including parishioners. The policies of the
Diocese of Rapid City shall be followed to protect the rights
of all involved.
3.4.1 Priests, deacons,
lay employees or volunteers shall provide a professional work
environment free from physical, psychological, written or verbal
intimidation or harassment.
3.4.2 Harassment encompasses a broad range
of physical, psychological, written or verbal behavior, including
without limitation the following:
- Physical or mental
abuse,
- Racial insults,
- Derogatory ethnic slurs,
- Unwelcome
sexual advances or touching,
- Sexual comments or sexual
jokes,
- Requests for sexual favors used as:
- a
condition of employment or
- to affect other personnel
decisions, such as promotion or compensation, or
- Display
of offensive materials.
3.4.3 Harassment can be a single severe incident
or a persistent pattern of behavior where the purpose or the
effect is to create a hostile, offensive or intimidating environment.
3.4.4
Allegations of harassment shall be taken seriously and must be
reported immediately to the appropriate person in the diocese,
parish, religious community/institute, school or other organization.
3.5
DIOCESE, PARISH, RELIGIOUS COMMUNITY/INSTITUTE, SCHOOL AND
OTHER ORGANIZATION RECORDS AND INFORMATION
Confidentiality will be maintained in creating,
storing, accessing, transferring and disposing of diocese, parish,
religious community/institute, school or other organization records.
3.5.1 Sacramental records shall be regarded
as confidential. When compiling and publishing diocese, parish,
religious community/institute, school or other organization statistical
information from these records, great care shall be taken to
preserve the anonymity of individuals. The Pastoral Handbook
includes a copy of a USCCB document regarding the sacramental
records of adopted children.
3.5.2 Most sacramental records older
than 70 years are open to the public.
3.5.2.1 Information regarding adoption
and legitimacy remains confidential, regardless of age.
3.5.2.2
Only staff members who are authorized to access the records
and supervise their use shall handle requests for more recent
records.
3.5.3 Diocese, parish, religious community/institute,
school or other organization financial records are confidential,
unless review is required by the diocese or an appropriate government
agency. The bishop must be contacted upon receipt of any request
for release of financial records by anyone other than the financial
officer of the diocese.
3.5.4 Individual contribution records
of the diocese, parish, religious community/institute, school
or other organization shall be regarded as private and shall
be maintained in strictest confidence.
3.6
CONFLICTS OF INTEREST
Priests, deacons, lay employees and volunteers
shall avoid situations that might present a conflict of interest;
e.g., a past or existing relationship with the parties involved.
Even the appearance of a conflict of interest can call personal
integrity and professional conduct into question.
3.6.1 Priests,
deacons, lay employees and volunteers shall disclose all relevant
factors that potentially could create a conflict of interest.
3.6.2
Priests, deacons, lay employees and volunteers shall inform all
parties when a real or potential conflict of interest arises.
Resolution of the issues must protect the person receiving ministry
services.
3.6.2.1 Priests, deacons, lay employees
and volunteers shall not take advantage of anyone to whom they
are providing services in order to further their personal,
religious, political or business interests.
3.6.2.2 Pastoral
counselors shall not provide counseling services to anyone
with whom they have a business, professional or social relationship.
When this is unavoidable, the client must be protected. The
counselor must establish and maintain clear, appropriate boundaries.
3.6.2.3
When pastoral counseling or spiritual direction services are
provided to two or more people who have a relationship with
each other, the pastoral counselor or spiritual director must:
- Clarify
with all parties the nature of each relationship,
- Anticipate
any conflict of interest,
- Take appropriate actions
to eliminate the conflict, and
- Obtain from all
parties written consent to continue services
3.6.3 Conflicts
of interest may also arise when a pastoral counselor's
or spiritual director's independent judgment is impaired
by: Prior dealings,
- Becoming
personally involved, or
- Becoming an advocate
for one person against another.
In these circumstances, the
pastoral counselor or spiritual director shall advise the
parties that he or she can no longer provide services and
refer them to another pastoral counselor or spiritual director.
3.7
REPORTING ETHICAL OR PROFESSIONAL MISCONDUCT
Priests, deacons, lay employees and volunteers have a
duty to report their own ethical or professional misconduct and
the misconduct of others.
3.7.1 Priests, deacons, lay employees and
volunteers must hold each other accountable for maintaining the
highest ethical and professional standards. When there is an
indication of illegal action by a priest, deacon, lay employee
or volunteer, the proper civil authorities shall be notified
immediately. The diocese, parish, religious community/institute,
school or other organization shall also be notified when applicable.
3.7.2 When an uncertainty exists about
whether a situation or course of conduct violates this Code
of Conduct or other religious, moral or ethical principles, the
chancery office or others knowledgeable about ethical issues
shall be consulted.
3.7.3 When it appears that a priest, deacon,
lay employee or volunteer has violated this Code
of Conduct or
other religious, moral or ethical principles:
- The issue
must be reported to a supervisor or next higher authority,
or
- The
matter must be referred directly to the chancery office or
responsible administrative authority for the diocese, parish,
religious community/institute, school or other organization.
3.7.4 The obligation of pastoral counselors
and spiritual directors to report client misconduct is subject
to the duty of confidentiality. However, any agreement or duty
to maintain confidentiality must yield to the need to report
misconduct that threatens the safety, health or well-being of
any of the persons involved, except as provided for in Section
3.1.6 of this Code of Conduct.
3.8
ADMINISTRATION
Employers and supervisors shall treat clergy, staff and volunteers
justly in the day-to-day administrative operations of their ministries.
3.8.1
Personnel and other administrative decisions made by priests,
deacons, lay employees and volunteers shall meet civil and Canon
law requirements and also reflect Catholic social teachings and
this Code of Conduct.
3.8.2 No priest, deacon, lay employee or
volunteer shall use his or her position to exercise unreasonable
or inappropriate power and authority.
3.8.3 Each volunteer providing
services to minors must read and sign the Volunteer
Code of Conduct before providing services.
3.9
PERSONAL WELL-BEING
Priests, deacons, lay employees
and volunteers must be responsible for their own spiritual, physical,
mental and emotional health.
3.9.1 Priests, deacons, lay
employees and volunteers should be aware of warning signs that
indicate potential problems with their own spiritual, physical,
mental and/or emotional health.
3.9.2 Priests, deacons, lay employees
and volunteers should seek help immediately whenever they notice
behavioral or emotional warning signs in their own professional
and/or personal lives.
3.9.3 Priests, deacons, lay employees
and volunteers must address their own spiritual needs. Support
from a spiritual director is highly recommended.
3.9.4 The use
of illegal drugs and the inappropriate use of alcohol are prohibited.
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