Diocese of Burlington
" Policies on Ethics and Integrity in Ministry"

Table of Contents

I. Principles of Ethics and Integrity in Ministry......................................................................3

II. General Definitions.........................................................................................................4

      A. Church Personnel................................................................................................... 4

      B. Types of Misconduct............................................................................................... 4

III. Prevention of Immoral Conduct: Guidelines for Ethical and Moral Behavior.......................... 5

      A. Definitions.............................................................................................................. 5

      B. Standards of the Diocese......................................................................................... 5

IV. Prevention of Harassment: Guidelines for Professionalism............................................. ...6

      A. Definitions............................................................................................................... 6

      B. Standards of the Diocese...........................................................................................6

V. Prevention of Exploitation: Guidelines for Counseling Relationships......................................7

      A. Definitions................................................................................................................ 7

      B. Standards of the Diocese........................................................................................... 7

      C. Confidentiality........................................................................................................... 8

      D. Conflicts of Interest.................................................................................................... 9

VI. Prevention of Abuse: Guidelines for Working with Minors.................................................... 9

      A. Definitions................................................................................................................. 9

      B. Standards of the Diocese.......................................................................................... 10

      C. Physical Contact with Minors..................................................................................... 11

      D. Screening of Church Personnel who Work with Minors.................................................. 12

      E. Training for Church Personnel who Work with Minors......................................................13

      F. Supervision of Programs that Involve Minors.................................................................. 13

VII. Reporting of Incidents, Allegations and Concerns............................................................... 14

      A. Reporting of Immoral Conduct, Harassment or Exploitation.................................. ...........14

      B. Reporting of Suspicious or Inappropriate Behaviors with Minors....................................... 15

      C. Reporting Abuse of Minors........................................................................................... 15

VIII. Progressive Discipline Procedure...................................................................................... 16

      A. Standards of the Diocese..............................................................................................16

      B. Steps in Progressive Discipline..................................................................................... 17

IX. The Church’s Pastoral Response to Misconduct in Ministry.................................................. 18

      A. Care of the One Who Brings Allegations of Misconduct....................................................18

      B. Care of Church Personnel Accused of Misconduct...........................................................18

      C. Care of the Community Affected by Misconduct.............................................................. 19

Adapted and reproduced with permission of the Roman Catholic Diocese of Austin, Texas.

I. Principles of Ethics and Integrity in Ministry

Relationships among people are the foundation of Christian ministry and are central to Church life. Defining healthy and safe relationships is not meant, in any way, to undermine the strength and importance of personal contact or the ministerial role. Rather, it is to assist all who fulfill the many roles that create the living Church to demonstrate their love and compassion for children and adults in the most sincere and genuine relationships.

It is with the intention that relationships in ministry be experienced at all times as charitable and without intention to do harm or allow harm to occur, that the following policy has been adopted by the Diocese of Burlington.  All Church personnel are asked to carefully consider each standard in the Code of Conduct and within the Policies on Ethics and Integrity in Ministry before agreeing to adhere to the standards and continue in service to the Diocese.

*Church personnel will exhibit the highest Christian ethical standards and personal integrity.

*Church personnel will conduct themselves in a manner that is consistent with the discipline and teachings of the Catholic Church.

*Church personnel shall provide a professional work environment that is free from physical, psychological, written, or verbal intimidation or harassment.

*Church personnel will avoid taking unfair advantage of a counseling relationship for the benefit of themselves. 

*Church personnel will not physically, sexually or emotionally abuse or neglect a minor or an adult. 

*Church personnel will share concerns about suspicious or inappropriate behavior with their pastor, their principal, the Bishop’s Office or the Misconduct Review Board.

*Church personnel will report any suspected abuse or neglect of a minor to the Vermont Department of Social and Rehabilitation Services (SRS). 

*Church personnel will accept their personal responsibility to protect minors and adults from all forms of abuse.

II. General Definitions

A.   Church Personnel

For the purposes of this policy, the following are included in the definition of Church personnel:

1.      Priests incardinated in the Diocese of Burlington.

2.      Priests who are members of religious institutes assigned to pastoral work in the Diocese.

3.      Priests of other jurisdictions who are assigned to pastoral work in this Diocese; priests seeking incardination in this Diocese; other priests including those who are retired, or who request canonical faculties to do part-time or supply ministry. 

4.      Permanent and transitional deacons incardinated in this Diocese; permanent deacons not incardinated in this Diocese but with canonical faculties to function in this Diocese.

5.      Seminarians and those enrolled in the Permanent Diaconate Formation Program.

6.      Women religious and religious brothers working for the Diocese, its parishes, schools or agencies. 

7.      Individuals in other forms of consecrated life who are associated with the Diocese.

8.      All paid personnel whether employed in areas of ministry or other kinds of services by the Diocese, its parishes, schools or other agencies; also, those who contract their services to Church agencies. 

9.      All volunteers. This includes any person who enters into or offers himself/herself for a Church related service of his/her own free will.

B.   Types of Misconduct

For the purpose of this policy, misconduct includes the four types of behavior listed below:

1.      Immoral conduct. Conduct that is contrary to the discipline and teachings of the Church.

2.      Harassment. Conduct or language which creates an intimidating, hostile or offensive working environment. 

3.      Exploitation. Taking unfair advantage of a counseling relationship for the benefit of the counselor.

4.      Abuse of minors. Physical, sexual or emotional abuse of children under the age of 18 or adults who are uniquely vulnerable to abuse because of physical or mental disabilities.

III. Prevention of Immoral Conduct: Guidelines for Ethical and Moral Behavior

A. Definitions

1. Immoral conduct is defined as behavior that is contrary to the discipline and teachings of the Church and may result in scandal to the faithful or harm to the ministry of the Church. 

2. Scandal is an attitude or behavior, which leads another to do evil. Scandal damages virtue and integrity. It is a grave offense if by deed or omission another is deliberately led into a grave offense (Catechism of the Catholic Church, n. 2284).

3. Church personnel enjoy a public trust and confidence. It is essential that Church personnel view their own actions and intentions objectively to assure that no observer would have grounds to believe that irregularity in conduct exists. All Church personnel have a responsibility to uphold the standards of the Catholic Church in their day-to-day work and personal lives.

B. Standards of the Diocese

1. It is fundamental to the mission of the Diocese of Burlington for Church personnel to exhibit the highest ethical standards and personal integrity. The purpose of this policy is to insure that all Church personnel follow the traditional strong moral and ethical standards of the Catholic Church. Therefore, Church personnel should not engage in the following conduct:
   
2. Formally rejecting the teachings of the Catholic Church or the Christian way of life
1. Exhibiting actions that are disruptive to the Church’s ministry.
2. Criminal behavior.

       3.  Church personnel should not harm the reputation of others through:

1. a. Disclosing the faults or failings of others to persons who have no cause to know them.
2. b. Knowingly making false allegations against another.      
   
   

IV. Prevention of Harassment: Guidelines for Professionalism

A. Definitions

1.Harassment encompasses a broad range of physical, written, or verbal behavior that includes, but is not limited to, 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.

·       *Display of offensive materials.

2.Harassment is an offensive use of power where the purpose or the effect is to create a hostile or intimidating work environment.

3. Harassment may be severe and/or pervasive.
a. Severe conduct is sufficient to alter a workplace environment even though it may occur only once.
b. Pervasive conduct is a persistent pattern of offensive conduct.

B. Standards of the Diocese

1. Church personnel do not engage in physical, psychological, written, or verbal harassment of employees, volunteers, or parishioners and do not tolerate such harassment by other Church personnel.

2. Church personnel shall provide a professional work environment that is free from physical, psychological, written, or verbal intimidation or harassment.

V. Prevention of Exploitation: Guidelines for Counseling Relationships

A. Definitions

1. Exploitation in the context of this policy refers to Church personnel taking unfair advantage of the counseling relationship for the benefit of the counselor. 

2. Sexual exploitation is sexual contact between Church personnel and the recipient of his or her counseling services, regardless of who initiates the contact.

3. Conflicts of interest exist when Church personnel take advantage of counseling relationships in order to further their own personal, religious, political, or business interests.

4. Church personnel are expected to avoid situations and conduct that are or may give the appearance of exploitation or conflicts of interest.

B. Standards of the Diocese

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

2. Church personnel must never engage in sexual intimacies with the persons they counsel.  This includes consensual contact, forced physical contact, and sexually explicit conversations not related to counseling issues.

3. Church personnel shall not engage in sexual intimacies with relatives, friends, or other individuals who are close to the client, when there is a risk of exploitation or potential harm to the client. Church personnel should presume that a potential exploitation or harm exists in such intimate relationships.

4. Church personnel assume the full burden for setting and maintaining clear, appropriate boundaries in all counseling and counseling-related relationships.

5. Physical contact should be respectful and consistent with the intent to provide a safe and comfortable counseling environment.

6. Sessions 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.

7. No sessions should be conducted in private living quarters
   
   
8. Church personnel shall maintain a log of the times and places of sessions with each person being counseled.

C. Confidentiality

1.  Information disclosed to Church personnel during the course of counseling, advising, or spiritual direction shall be held in the strictest confidence possible.             

2.  In accordance with the norm of canon law (c.983), the sacramental seal is inviolable;   therefore, it is absolutely forbidden for a confessor to betray the confidence of a penitent in any way and for any reason, even if the penitent frees the confessor. This is applicable whether the penitent is living or dead.

3.   Church personnel should discuss the nature of confidentiality and its limitations with each person in counseling. 

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

                                                             a.      If there is clear and imminent danger to the client or to others, the Church personnel is to disclose the information necessary to protect the parties involved and to prevent harm.

                                                            b.      If feasible, before disclosure is made, the Church personnel should inform the person being counseled about the disclosure and the potential consequences.

5. The Church personnel providing pastoral counseling services or spiritual direction should keep minimal records of sessions.

6. With the exception of knowledge gained in the Sacrament of Penance, knowledge that arises from professional contact may be used in teaching, delivering homilies, or other public presentations only when effective measures have been taken to absolutely safeguard both the individual’s identity and the confidentiality of the disclosures. In the rare event that such disclosures are used, good pastoral judgment is of the utmost importance when making decisions about the use of information in public ministry. 

7. If Church personnel discover, while counseling a minor, 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 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.

D. Conflicts of Interest

1. Church personnel 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. 

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

3. Church personnel must establish clear, appropriate boundaries with anyone with whom they have a business, professional, or social relationship.

VI. Prevention of Abuse: Guidelines for Working with Minors

In response to the call by the United States Conference of Catholic Bishops to break the “cycle of abuse,” the Diocese of Burlington has revised and adopted the following child abuse education and prevention policies.

A. Definitions

1. A minor is defined as 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.

2. Physical abuse is non-accidental injury which is intentionally inflicted upon a minor.

3. Sexual abuse of a minor includes sexual molestation or sexual exploitation of a minor and other behavior by which an adult uses a minor as an object of sexual gratification. Sexual abuse has been defined by different civil authorities in various ways, and these norms do not adopt any particular definition provided in civil law. Rather, the transgressions in question relate to obligations arising from divine commands regarding human sexual interaction as conveyed to us by the sixth commandment of the Decalogue. Thus, the norm to be considered in assessing an allegation of sexual abuse of a minor is whether conduct or interaction with a minor qualifies as an external, objectively grave violation of the sixth commandment (USCCB, Canonical Delicts Involving Sexual Misconduct and Dismissal from the Clerical State, 1995, p. 6). A canonical offence against the sixth commandment of the Decalogue (CIC, c. 1395 §2; CCEO, c. 1453 §1) need not be a complete act of intercourse. Nor, to be objectively grave, does an act need to involve force, physical contact, or a discernible harmful outcome. Moreover, "imputability [moral responsibility] for a canonical offense is presumed upon external violation…unless it is otherwise apparent" (CIC, c. 1321 §3; CCEO, c. 1414 §2). Cf. CIC, canons 1322-27, and CCEO, canons 1413, 1415, and 1416.

4. Emotional abuse is mental or emotional injury to a minor that results, or is likely to result, in an observable and material impairment in the minor’s growth, development or psychological functioning.

5. Neglect is the failure to provide for a minor’s basic needs or the failure to protect a minor from harm.

6. Abuse of minors is contrary to the teachings of the Church and is prohibited by the Diocese. Church personnel have a responsibility to actively protect minors from all forms of abuse.

B. Standards of the Diocese

The following guidelines are intended to assist Church personnel in making decisions about interactions with minors in Church sponsored and affiliated programs. They are not designed or intended to address interactions within families. For clarification of any guideline or to inquire about behaviors not addressed here, contact your pastor, principal or the Bishop’s Office at  (802) 658-6110.

1. Church personnel are responsible for releasing minors in their care only to parents, legal guardians, or other persons designated by parents or legal guardians at the close of services or activities. In the event that Church personnel are uncertain of the propriety of releasing a minor, they should immediately locate or contact their immediate supervisor before releasing the child. Church personnel should report uncontrollable or unusual behavior of minors immediately to parents.

2. Church personnel are prohibited from the use, possession, or being under the influence of alcohol or any illegal drugs while working with minors. 

3. Church personnel may occasionally be in a position to provide transportation for minors. The following guidelines should be strictly observed when Church personnel are involved in the transportation of minors:
1. Ordinarily, minors should never be transported without written permission.
2. Minors should be transported directly to their destination. No unauthorized stops should be made.
3. Church personnel should avoid unnecessary and/or inappropriate physical contact with minors while in vehicles.
4. Drivers who are assigned to transport minors must be at least 25 years old.

4. Church personnel are prohibited from speaking to minors in a way that is or could be construed by any observer as harsh, threatening, intimidating, shaming, derogatory, demeaning, or humiliating. In addition, staff and volunteers are expected to refrain from swearing in the presence of minors. 

5. Church personnel are prohibited from engaging in any sexually oriented conversations with minors. However, it is expected that from time to time youth ministry lessons and discussions for teenagers may address human sexuality issues related to dating and sex.  These lessons will convey to youth the Church’s views 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. In addition, Church personnel are not permitted to discuss their own sexual activities with minors.

6. Church personnel should never be nude in the presence of minors in their care.  Changing and showering facilities or arrangements for adults should be separate from facilities or arrangements for minors.

7. Church personnel are prohibited from possessing any sexually oriented or morally inappropriate printed materials (magazines, cards, videos, films, clothing etc.) on Church property or in the presence of minors.

8. Church personnel are prohibited from sleeping in the same beds, sleeping bags or small tents with minors unless the adult is an immediate family member of the minor.

9. Houses used for residences of priests and religious are exclusively for the use of priests and religious. With the exception of occasional visits from immediate family members, minors without a parent or guardian are not permitted to be overnight guests in the residence of a priest or religious.                                                                                     

C. Physical Contact with Minors

The Diocese of Burlington has implemented a physical contact policy that will promote a positive, nurturing environment for our children and youth ministries while protecting our children and our Church personnel from misunderstandings. The following guidelines are to be carefully followed by all Church personnel working in children and youth programs.

1. Church personnel are prohibited from using physical discipline in any way for behavior management of minors. No form of physical discipline is acceptable. This prohibition includes spanking, slapping, pinching, hitting, or any other physical force as retaliation or correction for inappropriate behaviors by minors. 

2. Appropriate affection between Church personnel and minors is important for a child’s development and a positive part of Church life and ministry. The following forms of affection are less likely to be inappropriate.

·        Side hugs.

·        Shoulder to shoulder or “temple” hugs.

·        Pats on the shoulder or back.

·        Hand-shakes

·        “High-fives” and hand slapping.

·        Verbal praise.

·        Arms around shoulders.

·        Holding hands while walking with small children.

·        Sitting beside 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).

3. 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 in Church sponsored and affiliated programs:

·        Inappropriate, unwelcome or lengthy embraces.

·        Kisses on the mouth.

·        Holding minors over two years old on the lap.

·        Touching bottoms, chests or genital areas.

·        Showing affection in isolated areas such as bedrooms, closets, staff only areas or other private spaces.

·        Sleeping in bed with a child.

·        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.

D. Screening of Church Personnel who Work with Minors

1. All applicants for Church personnel positions working with minors will be required to complete the following without exception:

1. A standard application that includes a release of information to conduct background checks.
2. Criminal records check for the State of Vermont and any other state where the applicant has resided during the past five years.

2. For employees and volunteers who have worked in the parish or school for two years or more, the application and criminal records check will complete their screening process. 

3. Additional screening procedures, such as reference checks and face-to-face interviews are recommended for new applicants as well as existing employees and volunteers who have held their positions for less than two years. 

4. Volunteers for programs working with minors in parishes should be registered members of the parish for at least six months before being placed in a volunteer position with minors. After careful consultation, exceptions may be made for parents of minors in the specific programs in which their child or children are participating.

5. Criminal records checks may be conducted every third year of a Church personnel’s employment or volunteer position.

6. Church personnel who transfer within the Diocese are strongly encouraged to request in writing for their personnel files to be transferred to the new parish or school.

E. Training for Church Personnel who Work with Minors

1. Church personnel are required to review and comply with the Diocese of Burlington Policies on Ethics and Integrity in Ministry and with the Diocesan Code of Conduct. 

2. Members of the clergy, religious, employees and all volunteers who work with minors will be required to participate in training which addresses their role in protecting minors in the Diocese of Burlington.

F. Supervision of Programs that Involve Minors

1. Parents are encouraged to be a part of any and all services and programs in which their children are involved in the Diocese of Burlington. Parents have an open invitation to observe programs and activities in which their children are involved. However, parents who desire to participate in or have continuous, ongoing contact with their child’s programs in the Church will be required to complete the volunteer application process.

2. Programs for minors should not be sponsored or administered by only one adult without supervision.

3. Church personnel under the age of 21 must work under the direction of an adult supervisor. 

4. Church personnel in leadership roles must be aware of all programs for minors that are sponsored by a parish or school. A list of these programs should be maintained in the central office and include activities, purpose, sponsors or coordinators of the programs, meeting times and locations. Leaders are encouraged to examine these programs and consider whether they have adequate supervision.

5. Because new programs for minors are far more likely to have difficulties than established ones, individual Church personnel should not be permitted to develop new programs for minors without proper consent and review within the parish or school.  Requests to develop new programs should be submitted in writing to the pastoral council and /or school board. The pastoral council and/or school board should consider whether the plan for a new program includes adequate adult supervision and will be structured to comply with the guidelines for interactions with minors defined in Section VI, B.

VII. Reporting of Incidents, Allegations and Concerns

A. Reporting of Immoral Conduct, Harassment or Exploitation

1. Church personnel have a duty to report violations of the Policies on Ethics and Integrity in Ministry. 

2. When there is an indication of illegal actions by Church personnel, Church personnel will notify the police or other civil authorities immediately. Although it is not a legal requirement, the Diocese of Burlington is better able to respond promptly if it is informed directly. Church personnel are encouraged to inform the Bishop’s Office (802) 658-6110.

1. The Bishop’s Office at (802) 658-6110, ext. 233;
2. The Vicar General’s Office, ext. 231;
3. Director of Vermont Catholic Charities, ext. 312
   and/or members of the victim assistance committee;
4. The pastor of the parish;
5. The principal of the school;
6. Submit a specific and verifiable letter to the Bishop’s Office, or the Misconduct Review Board at P.O. Box 489, Burlington, VT  05402.



7. Allegations of immoral conduct, harassment or exploitation will be taken seriously and Diocesan procedures will be followed to protect the rights of all involved. 

5. If there are questions about the applicability of these policies, consult the Bishop’s Office.

6. If infractions of Diocesan policy are confirmed, Church personnel will be subject to disciplinary action up to and including termination and possible prosecution.  Disciplinary action will follow the Progressive Discipline Process outlined in Section VIII of these policies.

B. Reporting of Suspicious or Inappropriate Behaviors with Minors

1. Because the Diocese of Burlington is dedicated to maintaining a zero tolerance for abuse of minors it is imperative for every member of this community to participate actively in the protection of minors. In the event that Church personnel observe any suspicious or inappropriate behaviors on the part of other Church personnel, it is their personal responsibility to immediately report their observations to the appropriate authority. Examples of suspicious or inappropriate behaviors would be policy violations, neglectful supervision, poor role modeling, seeking private time with minors, taking minors on over-night trips without other adults, swearing or making suggestive comments to minors.

Inappropriate behaviors or policy violations that relate to interactions with minors should be reported to one of the following

1. 1. The Bishop’s Office at (802) 658-6110, ext. 233;
   2. The Vicar General’s Office, ext. 231;
   3. Director of Vermont Catholic Charities, ext. 312
      and/or members of the victim assistance committee;
   4. The pastor of the parish;
      The principal of the school;
      The Bishop’s Office at (802) 658-6110.
      Submit a specific and verifiable letter to the Bishop’s Office or the Misconduct
      Review Board at P.O. Box 489, Burlington, VT  05402.

2. All reports of suspicious or inappropriate behavior with minors will be taken seriously.  Diocesan procedures will be carefully followed to ensure that the rights of all those involved are protected.

3. When suspicious or inappropriate behaviors are reported to a pastor or a principal, he or she is asked to gather additional information about the nature of the concern and contact the Bishop’s Office.

4. If at any point in gathering information about suspicious or inappropriate behavior, a concern arises that there is a possibility of abuse, the Vermont Social and Rehabilitation Services will be contacted and a report filed. See Section VII C below for additional procedures in the event that there is a suspicion of abuse of minors.

5. If at any point, policy violations with minors are confirmed, Church personnel will be subject to disciplinary action up to and including termination and possible prosecution. Disciplinary action will follow the Progressive Discipline Process outlined in Section VIII of these policies.

C. Reporting Abuse of Minors.

1. Church personnel who have cause to believe a minor may have been or is being abused     must report their suspicions to the Vermont Department of Social and Rehabilitation Services, and to the Bishop’s Office, (802) 658-6110.   The local District Office of Child Protective Services can be called or the 24 hour line at (802) 863-7533. 

2.  Failure to report suspected abuse of a minor by mandated reporters in Vermont is a crime punishable by a fine. Reports may be made confidentially or anonymously. A person who mistakenly reports suspected abuse is immune from civil or criminal liability as long as the report was made in good faith and without malice.

3.  In addition to reporting to the Vermont Department of Social and Rehabilitation Services, Church personnel are strongly encouraged to report any suspected or known abuse of minors that may have been perpetrated by Church personnel directly to the Diocese of Burlington, so that immediate and proper steps may be taken to ensure the safety of alleged victims. Reports of suspected or known abuse may be made confidentially to any of the following:

1. The Bishop’s Office at (802) 658-6110, ext. 233;
2. The Vicar General’s Office, ext. 231;
3. Director of Vermont Catholic Charities, ext. 312
   and/or members of the victim assistance committee;
4. The pastor of the parish;
   The principal of the school;
   The Bishop’s Office at (802) 658-6110.
   Submit a specific and verifiable letter to the Bishop’s Office or the Misconduct
   Review Board at P.O. Box 489, Burlington, VT  05402.
   
   

   Current Misconduct Review Board Members: Kevin Scully - Chairman, Former Chief of Police of Burlington currently leads a six-person board including a Clinical Licensed Psychologist, a Psychoherapist, a Psychologist, and two priests.

4. If the situation meets the criteria for a SRS investigation and/or a police investigation, the Diocese will cooperate fully with the investigation.

5. When the Diocese receives information of suspected abuse of minors by church personnel other than clerics, the Bishop, in consultation with the Misconduct Review Board will assess the individual’s fitness for ministry

6. When the Diocese receives information of suspected abuse of minors by clerics, the Bishop, in consultation with the Misconduct Review Board will assess the individual’s fitness for ministry in accord with canon law and the USCCB’s Charter for the Protection of Children & The Essential Norms.

7. During investigations by civil authorities, Church personnel who are the subject of the investigation may be temporarily removed from Church responsibilities and duties. 

8. Documentation of internal assessments will be stored in the diocesan personnel files.

9. Internal assessments will follow Diocesan procedures with the guidance of the Misconduct Review Board. 

10. If abuse of a minor is confirmed, Church personnel will be subject to termination in accordance with Section VIII B 4, which provides for termination in cases of serious and major offenses. If abuse by a member of the clergy is confirmed, procedures will follow the appropriate norms of canon law and Article 5 of The Charter for Protection of Children and Young People (USCCB).

11. When a complaint is received regarding questionable conduct with a minor on the part of Church personnel, the following procedure will be followed:

a.   The complaint will be date-stamped and acknowledged by letter as received by
the Bishop or his designee.  In the event of verbal communication of a complaint, a
memo shall be generated outlining the elements of the complaint, which will be acknowledged by letter.

 b.  Depending on the nature of the complaint, a determination will be made
as to whether it will be reported to civil authority.  ALL REPORTS OF SEXUAL
MISCONDUCT WITH MINORS WILL BE IMMEDIATELY REPORTED TO
VERMONT SOCIAL SERVICES FOR INVESTIGATION.  An appropriate
designated member of staff, to be determined by the Bishop or his designee,
will investigate all other complaints.

c. When the Bishop has received a complaint he shall confer with the Diocesan
Misconduct Review Board to determine appropriate measures to be taken on behalf
of a complainant and the church person against whom a complaint has been made. 
This may include removal from active ministry.

d. Complainants will be advised of the course of investigation of their complaint and
under whose authority the inquiry is being made.

e. Complainants will be advised of the various services provided by the diocese
during the course of any investigation and follow up services that may be required
in certain circumstances.

f. When an investigation is completed the complainant shall be advised by letter of
its completion which will include procedural information leading to a final disposition,
findings of the inquiry and remedial actions taken by the Bishop.

VIII. Progressive Discipline Procedure

A. Standards of the Diocese

1. It is the policy of the Diocese of Burlington to maintain the highest quality personnel who exhibit exemplary conduct and superior performance. To this end, all Church personnel are to be informed by their supervisors what is expected of them in the performance of their roles, how to conform to Diocesan policies and how well their performance meets expectations. 

2. When Church personnel performance or conduct does not meet the expectations of the Diocese of Burlington, it is the responsibility of supervisors to address the problem(s) in a timely and equitable manner. The procedure would normally include four steps: 1) Counseling, 2) Formal Warning, 3) Probation and 4) Termination. 

3. All documents associated with the Progressive Discipline Procedure are to be retained in the personnel file of the Church personnel. Formal Warning Documents may also be forwarded to the Bishop or the Vicar General.

4. Procedures for progressive discipline of clergy will be consistent with these policies and the appropriate norms of canon law.

B. Steps in Progressive Discipline

1. Counseling. A large portion of performance and conduct deficiencies are identifiable, and in many cases, can be addressed and resolved through informal counseling between the supervisor and the Church personnel. Effective counseling includes the following:
1. Clear identification of the problem with specific examples,
2. A mutually agreed upon action plan to resolve the problem,
3. Documentation of the counseling and communication which is kept in the personnel file of the individual who receives counseling.

2. Formal Warning. Formal Warnings should be initiated when 1) informal counseling fails to resolve the problem, or 2) the problem is of such a serious nature that immediate and formal resolution is required.
1. Formal Warnings should include:

1. A specific statement of the problem.

2. Reference to any counseling that was attempted.

3. A statement of the policy that was violated.

4. A summary of corrective actions to be taken including formal  

    counseling with a licensed clinician.

5. A statement of the consequences of failure to resolve the problem(s).

6. A reasonable timeframe for resolution.

b.   Formal Warnings should be presented at a meeting with the supervisor. 

3. Church personnel should be required to sign the Formal Warning Document.
4. Formal Warning Documents and all accompanying materials should be stored in the personnel file of the individual who receives the warning.
5. If Formal Warnings relate to ethics and integrity in ministry, Formal Warning Documents will be mailed or presented to the Bishop’s Office at

PO Box 489, Burlington, VT  05402.

4. Probation. Probation is the third step in the Progressive Discipline Procedure prior to dismissal.

1. Probation should be initiated when a warning process has not succeeded or when the misconduct is such that a second infraction would clearly warrant termination. 
2. The probation process consists of the same elements as the formal warning process, with an emphasis on the fact that failure to meet the conditions of the probation will result in termination if significant improvement is not demonstrated consistently in the probation period.
3. A second Formal Warning Document should be completed when the Church personnel is placed on probation.
4. At the successful conclusion of probation, Church personnel should be notified in writing that he or she is no longer in a probationary status.
5. Any documentation of probation that relates to ethics and integrity in ministry will be mailed to the Bishop’s Office, Box 489, Burlington, VT  05402.

5. Termination. Termination should be administered under one of two conditions:

1. Failure to improve conduct during the steps of Progressive Discipline, or
2. Serious and major offenses, including but not limited to, violations of the Policies on Ethics and Integrity in Ministry.

IX. The Church’s Pastoral Response to Misconduct in Ministry

A. Care of the One Who Brings Allegations of Misconduct

1. The Diocese of Burlington will take all allegations seriously and will immediately and thoroughly investigate all concerns. Investigations will be conducted with the guidance of the Misconduct Review Board and will follow Diocesan procedures.

2. The Diocese of Burlington will respond immediately and effectively to deal with any accusation of misconduct brought against Church personnel. The willingness of the Diocese to respond to an allegation is in no way a judgment of the person being accused. Innocence is always presumed until facts prove otherwise. At all times it is expected that an allegation brought by the one directly involved or by that person's parent or legal guardian, is based on fact, and is an honest representation of the truth. It is always important for all members of the Church to be sensitive to the needs and feelings of those who allege misconduct.

3. The Church will offer counseling services to the victim of misconduct to enable healing.  This assistance for an individual victim may vary with circumstances and support from the Diocese will be determined in proportion to the defined course of therapy. The Diocese will provide reasonable assistance as the need arises.

B. Care of Church Personnel Accused of Misconduct

1. The Diocese of Burlington has a deep concern for any Church personnel who is accused of misconduct. 

2. The Diocese will take great care in ensuring that a proper investigation is conducted following any allegation of misconduct. All investigations will follow Diocesan procedures and will be conducted with the guidance of the Misconduct Review Board. The rights of the accused will be taken into consideration throughout the investigation process and every effort will be made to protect the interests of an individual who may be falsely accused.

3. During investigations of allegations, the accused may be removed from contact with alleged victims to ensure the integrity of the investigation and the safety of alleged victims during the information-gathering process. This action should in no way be interpreted as a presumption of guilt. In the event that allegations are not founded, the accused Church personnel will resume his or her position as quickly as possible.

4. In the event that allegations are founded and the accused is not permitted to resume work within the Diocese, the Diocese will offer pastoral care to the extent that it is able.

5. Any allegation of misconduct involving a priest, deacon or religious will be taken seriously and the process out lined in this document will be followed. The Bishop, in reaching final decisions, will always be guided by the appropriate norms of canon law.

C. Care of the Community Affected by Misconduct

1. The Diocese also has a special concern for the parishes and other diocesan organizations served by personnel who are accused of misconduct. 

2. The Diocese will make every effort to provide pastoral care to the individuals affected by a parish or other Diocesan organization that experiences an incident or allegation of misconduct.

3. The Bishop of the Diocese shall appoint and maintain a Misconduct Review Board.  The board shall be comprised of seven members.  Five members shall be from the lay community of the Diocese, two licensed professionals in the field of psychology and/or social work, two from other professional disciplines, one at-large community member and two priests.  The Misconduct Review Board shall serve in an advisory capacity to the Bishop, making determinations and recommendations required under the Policies on Ethics and Integrity in Ministry.

4. Under the direction of the Bishop, with the Bishop’s designated legal counsel, will institute a forum with civil authority in which an open dialogue may occur related to complaints of victims who are no longer minors.  Civil authority may include the county’s Chief Prosecuting Attorney, the Director of Social Services or a local office Social Services Supervisor.

5. Whenever a priest under restriction in this Diocese relocates to another diocese, the Bishop of the Burlington Diocese shall notify the Bishop of the Diocese of new residency of the cleric’s address and imposed restrictions in ministry.