Canon V

C 5.00 ORDER AND ELIGIBILITY FOR LICENSING OF MINISTERS AND DIOCESAN SEXUAL HARASSMENT AND ABUSE POLICY

Part I: Order and Eligibility for Licensing of Ministers Under

Authority and Jurisdiction of the Bishop of the Diocese

No person shall be eligible to hold the license of the Bishop to minister in the Diocese of Saskatchewan; who, while licensed or seeking to be license.

 1) willingly engages in sexual relations outside of marriage;

2) willingly engages in homosexual, lesbian or bi-sexual practices;

3) willingly engages in any sexual activity with a minor;

4) willingly engages in a sexual relationship with, or makes a sexual advance to, any person during a period in which such person is providing counseling, instruction or pastoral care to any person or persons, or to any staff person (other than a spouse) who is under their supervision;

5) fails to disclose to the Bishop a prior conviction of child sexual abuse, sexual assault, or harassment of any nature or kind under any Criminal Code or Statute in Canada or any other jurisdiction having authority to deal with such offenses, or fails to disclose any human rights award, Ecclesiastical or religious order or decision pronounced against that person, professional society discipline finding or like process, which after investigation, determined such person to have been guilty of sexual assault, harassment or misconduct.

6) willingly and without lawful excuse or authority ignores or refuses to pay a spousal or child support judgment or order of a competent civil Court;

7) willingly or voluntarily uses or abuses intoxicants, non-prescription drugs or other substances of choice, which, in the opinion of the Bishop, impedes or undermines that person's moral leadership.

In the sole discretion or the Bishop, a license denied or invalidated by reason of any of the foregoing provisions of this Canon, may be granted or restored if, in the opinion of the Bishop, the behaviour, condition or factors which caused the refusal or cancellation of the license, has been discontinued, cured, or satisfactorily rectified.

Part II: Diocesan Sexual Harassment and Abuse Policy

It is the policy of the Diocese of Saskatchewan that sexual abuse or harassment of any kind by any member of the Clergy, staff person or volunteer will not be tolerated.

The Diocese of Saskatchewan hereby adopts as its guiding principle in matters of sexual conduct, the policy that sexual conduct must not be treated as an entirely private matter between consenting adults, since others' attitudes and relationships are affected.

It, therefore, must be understood and acknowledged by all Clergy, employees, staff or volunteers, that they as a condition of their license, employment or acceptance of their voluntary services, must accept and adhere strictly to the principles established by this Canon in relation to their duties, rights and the functions which they in their respective capacities perform in this Diocese.

Without exception, all priests, employees, staff and volunteers in their pastoral duties, administrative employment and all other activities, must acknowledge and agree that, in their relationships with each other and the parishioners and others whom they serve that they adopt and will comply with the policy, principles and procedures (set out in Appendix I) of this Canon: namely that: their conduct must, in all circumstances be considered relationships of trust, whether with children or adults, and that the greatest care must be exercised to avoid taking advantage of or wrongfully using or abusing that trust on any occasion, but particularly in circumstances held out to be for the purpose of the alleviation of stress, sorrow and frustration, or in their normal parish duties and associations.

In carrying out their duties and activities, clergy, employees, staff and volunteers, must only undertake their duties observing the strictest respect for each other's rights to privacy and confidentiality. Where counselling is deemed appropriate or advisable, it be conducted with care and sympathy having regard to the training and qualifications which the Counsellor possesses and their position and authority permits them to act. No such person shall undertake the function of Counsellor or advisor to others unless they have been authorized by proper Diocesan or Parish authority.

Clergy and other Christian workers of the Diocese must recognize the dynamics of these relationships and the potential for harm and abuse or the accusations thereof as many such matters are periods of emotional upheaval. Vulnerabilities are exposed in counselling and advisory processes, and the very strengths of these relationships, namely, the expression of care and love, can easily take on inappropriate forms. The provision of care, consolation and attempts at emotional healing must be recognized as being capable of misinterpretation by those persons authorized to provide such comfort.

It is, however, fully to be understood and appreciated that allegations of sexual abuse or harassment that are unfounded, have devastating results to the reputation of those accused, which can never be removed, and that such defamatory possibilities and the damage that is caused thereby exist, as such complaints may be made for ulterior motives.

It is further the policy of the Diocese of Saskatchewan that none of its actions and/or inquiries, authorized by this Canon, be understood to conflict or interfere with the Civil or Criminal Law of Canada, or of the Province of Saskatchewan, and that the rights and protections of the accused persons and other persons affected under the Common Law and the Constitution of Canada, Constitution Act 1982 (sometimes referred to as the Canadian Charter of Rights and Freedoms) be fully respected and the requirements of this Canon shall in no way be interpreted as depriving or restricting any of the rights and privileges with which such person is endowed. It being understood that Part I of this Canon constitutes the statement of the standard of moral conduct expected and required by the Diocese of Saskatchewan of its clergy, staff, employees, volunteers and other Church members not withstanding that such standard may conflict with civil authority relating thereto.

In dealing with complaints of sexual abuse, the following principles shall be followed:

1) As a priority, it is essential that all allegations of sexual abuse or harassment be taken as serious complaints requiring immediate action and investigation, but under the most strict terms of confidentiality. Recognizing that complaints of sexual misconduct of any kind bear such serious implications, all such complaints must be made by the complainant in writing, signed by the complainant or complainants guardian or committee.

2) That protection of children is a matter of fundamental concern.

3) That an accused person will be presumed innocent and accorded full Constitutional and legal rights until proven otherwise.

4) If there has been harm to others, the protection of the complainant and their family from further harm or exposure to situations of further harm or intimidation therefrom, shall be of major concern. Strict confidentiality and prevention of further exposure to the continuation of the offending circumstances must be observed so that further contact will not occur, pending the determination of the complaint as herein provided.

5) That all complaints and or knowledge of potential situations of sexual abuse or misconduct be immediately referred to the Diocesan authorities as set out in Appendix I to this Canon. Where such matters are required by law to be reported to Civil authorities, the Chancellor or other qualified legal advisor in the absence, or inability of the Chancellor to act, in providing the advise and designating the necessary actions to be taken for the purpose of complying with the law appropriate thereto. Should no legal requirement to so report exist, the complaint shall be dealt with as provided in Appendix I hereto.

6) Notwithstanding the above five principles, nothing shall be done under the provisions of this Canon which might impede or interfere with a Criminal investigation relating to a complaint in the nature of sexual abuse, assault or harassment, and no action or proceeding shall be taken to interfere with the Civil or Criminal rights of any accused or other party to such complaint.

The specific procedures setting out the action required to be taken under and by Diocesan authority relating to any complaint or situation dealt with under Part II of this Canon is set out in Appendix I to this Canon, which Appendix is attached to and forms part of Canon V of the Diocese of Saskatchewan. Such procedure shall be followed, without exception, in each such complaint of or potential or suspected occurrence of likely sexual abuse, assault or harassment occurring in the Diocese of Saskatchewan.

Canon V: Regulations Appendix I

Guidelines for Dealing with Allegations of Sexual Abuse, Assault or Harassment

I. Preamble and Definitions

As set out in Part 11 of this Canon, the Diocese of Saskatchewan is committed to preserving and protecting the welfare and dignity of all the people it seeks to serve. This Appendix sets out the guidelines of the Diocese for responding to and dealing with allegations of sexual abuse, assault or harassment by members of the clergy, Church staff, and lay volunteers. These guidelines are based on the principles already enunciated in this Canon.

These guidelines are also informed by provincial legislation which states that, in the case of children, abuse exists where, as a result of action or the lack of proper oversight, a child has:

1. suffered or is likely to suffer physical harm;

2. Suffered or is likely to suffer serious impairment or mental or emotional functioning;

3. been or likely to be exposed to harmful interaction for sexual purpose.

The law also requires that where 'there are reasonable and probable grounds to believe that a child is in need of protection' there is a duty to report the same to an officer or peace officer. The stipulation in these guidelines that reports made to the Bishop or the Bishop's Commissary be referred to the Chancellor or the Chancellor's designated agent is intended to assist the reporter in determining what are 'reasonable and probable grounds' . But it must be emphasized that these are urgent matters, and the Bishop and the Chancellor have established a protocol to ensure that they or their designated agents can be contacted at any time.

Sexual harassment does not have a neatly refined legal definition, but may include sexually oriented humour or language, inappropriate questions or comments about sexual behaviour, improper comments about clothing or physical appearance, or repeated requests for social engagements in a situation where there is an employment or collegial relationship between the persons involved. Unwelcome or undesired physical contact may constitute assault. While there is generally no obligation to report incidents of sexual harassment or assault, there do exist civil avenues of prosecution in these matters. Sexual harassment is a violation of Human Rights legislation, and reports may be made to the Human Rights Commission. Sexual assault is a criminal offense, and reports may, and in some cases must be made to a designated authority.

II. Theological Basis

'Speaking the truth in love, we must grow up in every way into him who is the head, into Christ.' (Eph 4.15) Our common path as Christians is towards wholeness and maturity in Christ, and it is in this context that the church's policy regarding sexual abuse and harassment ought to be considered.

Christ is for us both the goal and means of our growth. As our goal, he provides us with a vision of redeemed humanity. He is the perfect embodiment of the divine image (Col 1.15; II Cor 4.4), and demonstrated a life of perfect obedience to the will of God (II Cor 5.21). By teaching and example, he respected the dignity of others, and particularly those who were weak and vulnerable (Mt 18.6; Jn 8.1-11). He sets the standard of attitude and behaviour which ought to be characteristic of those who bear his name. He also supplies us with the means necessary of living after the pattern of his life, for he works in us by his Spirit to make us more like himself (Rom 8.29). He also gives us the fellowship of his Church, which itself is in the process of being made holy (Eph 5.27).

Nevertheless, Christians continue to struggle with disordered and misdirected desires. Sexual abuse and harassment constitutes an abuse of power which demeans the dignity of the victim and the offender, and threatens the fellowship of the Church. When a member of the church falls into sin, the gospel of salvation demands that both the justice and mercy of God must be proclaimed to all those who have been affected. Special consideration must be given to those who exercise pastoral leadership, since they have a particular commission to expound and exemplify the teachings of the church (I Tim 3-5; Tit 1.5-9; Jas 3.1; II Pet 2.2).

When instances of sexual abuse or harassment are reported, the church must take the necessary steps to ensure that such reports are handled promptly, fairly and confidentially. We recognize that reports may be unfounded, or that they may even be willful and malicious. False reports of sexual misconduct can be as damaging to individuals and the fellowship of the Church as true reports. In either case, the church must endeavour to elicit the admission of guilt, the administration of discipline, the offer of forgiveness, and, eventually, restoration. In this and in all things, we seek to be governed by the Scriptural vision of wholeness and maturity in Christ. 'For the grace of God has appeared, bringing salvation to all, instructing us to renounce ungodliness and worldly desires and to live lives that are self-controlled, righteous and godly in the present age, while we wait for the blessed hope and the appearing of the glory of our great God and Saviour, Christ Jesus.' (Tit 2.11-13)

III. Procedures

1. Any member of the Diocese who has any information which would lead a person to believe that an individual is being or has been abused, assaulted or harassed, or is in danger of being abused, assaulted or harassed by a member of the clergy, a Church staff person or lay volunteer, shall immediately provide a written report containing the alleged facts and their source to the Bishop or, in the event of the Bishop's unavailability, the Bishop's Commissary. The Bishop or the commissary shall consult with the Chancellor, or, in the Chancellor's absence, the Chancellor's designated agent, and advise the informant whether a formal report must be made to an officer or peace officer and, in the case of a child, to the parent or guardian. If the alleged offender is the Bishop, this information shall be reported to the Metropolitan.

a) In the event the Bishop or the Bishop's Commissary receives a complaint of sexual harassment or assault where the reporter, on the advice of the Chancellor or the Chancellor's agent, is not required to involve civil authorities, the procedure shall be that detailed in section IV. below. If civil authorities become involved, the procedure shall be the same as that prescribed in reports of sexual abuse (i.e., section III.).

2. Within forty-eight hours of receiving this report, the Bishop shall convene a meeting of an Abuse Advisory Team (Advisory Team). The Advisory Team shall be made up of at least two, and at the most three persons, and should include a mixture of male and female, lay and ordained persons. One member shall be a priest currently active in parish ministry, and for the Selection of the other member(s) of the Advisory Team, special consideration should be given to those with professional experience in the intervention and treatment of abused persons, and those with legal expertise. Team members may be required to testify in civil proceedings.

3. Only the Bishop, or the Bishop's designate (who is not a member of the Advisory Team), is authorized to speak to the media.

The Advisory Team has the following functions:

i) a resource to the Bishop in all dealings with allegations of abuse, proceedings.

ii) facilitate the provision of pastoral resources to the complainant and family, to the accused, and to the parish community, as required or requested by the Bishop or the individuals involved.

4. If in the opinion of the Chancellor the civil process or the rights of the accused will not be interfered with, the Bishop shall, in the case of a member of the clergy or a person employed by the diocese, suspend such accused person from all duties. The Bishop must advise the accused that he or she need not make any statement or answer and that he or she should contact a solicitor, or that he or she may obtain legal advice without charge through the Legal Aid branch of the Provincial Justice Department. In the case of an accused person who is employed by a parish or is a lay volunteer within a parish, the Bishop shall require the rector or incumbent to suspend the accused from all duties. The rector or incumbent shall advise the accused that he or she need not make any statement or answer and that he or she should contact a solicitor, or that he or she may obtain legal advice without charge through the Legal Aid branch of the Provincial Justice Department. The above actions will be performed with the clear understanding that:

i) accused is presumed innocent until proven guilty; and

ii) cases where the person is a member of the clergy or is employed by the diocese, the suspension is with pay; and

iii) cases where the person is an employee of a parish, the rector or incumbent shall suspend the employee and shall recommend to the parish that the suspension be with pay.

Any suspension shall remain in effect until the allegations have been investigated and concluded. The parish wardens shall be notified immediately of any action by the Bishop. During the suspension period, an accused person who is a member of the clergy, or is employed by the diocese, is prohibited from attending person engaged by a parish has been suspended by the parish, the suspension should prohibit the person from attending all public functions of the parish involved, including worship- in cases where the accused is a lay volunteer, that person will be requested to refrain from attending all public functions of the parish involved, including worship- This is intended to protect both the accused and the complainant. All information pertaining to the allegations, and the action of the Bishop or the parish, shall be held in strictest confidence.

5. Having informed the accused of constitutional rights and the right to silence, and of the right to legal aid, according to directions given by the Chancellor, the Bishop shall invite the complainant and/or the complainant's family, and, on a separate occasion, the accused, to meet with the Advisory Team. The purpose of this meeting is to provide an opportunity for those involved in making and receiving the allegations to share the substance of their complaint and any answer or defense and the various accompanying emotions and reactions, and to do so in a pastoral context. The Advisory Team shall offer information and encouragement regarding relevant support systems and counselling. In cases where new allegations are made in the context of this meeting, the complainant shall be directed to the Bishop and to the civil authorities. The complainant and accused must be made aware that this is a pastoral process and not an investigative one.

The Complainant and the accused may Choose to meet directly with the Bishop, rather than with the Advisory Team. In such cases, the Bishop should use the Advisory Team as a consultative resource.

6. Provision may be made for counselling for the complainant and the accused, and their families, during the suspension period. Participation in this counselling would not be interpreted as evidence of an offense or as an admission of guilt.

7. Upon completion of the investigation by the civil authorities, the following steps shall be taken:

i) In cases where no charges (criminal or otherwise) are laid:

a) If the Bishop is satisfied that all allegations have been properly handled and investigated, the Bishop shall, in the case of an employee of a parish or a lay volunteer within a parish, recommend the parish reinstate the accused. In the case of the suspension of a member of the clergy, the Bishop shall, unless otherwise requested by the accused, attend the main worship of the parish in question on the Sunday following the completion of the investigation, and publicly the accused may request that the rector or incumbent publicly reinstate the accused.

b) Mediation counselling shall be offered to the accused and the complainant. In many cases, it will be appropriate to involve the respective families in mediation.

c) Provision may be made for counselling for all parties, including the accused, the complainant, the families, and the parish community.

There may be cases where, while no criminal charges are laid, the Bishop, in the case of a member of the clergy or a diocesan employee, or the parish corporation, in the case of an employee of the parish or a lay volunteer within the parish, may have real doubt as to whether Church discipline or pastoral standards have been transgressed. In these cases, where the accused is a member of the clergy, action may be taken in accordance with the General Synod and Diocesan Canons on Discipline. standards sufficient to answer civil claim. In other cases, the Bishop may remove the person from employment or position within the Diocese and the parish corporation may remove the person from employment or position within the parish. In any event, the Bishop or the parish corporation should consult with the Chancellor and the Advisory Team before taking any action to reinstate the accused.

ii) in cases where criminal charges are laid:

a) The suspension, as set out in section III.4., shall remain in effect until all charges are disposed of.

b) in cases where the accused is a member of the clergy, the Bishop shall attend the main worship service of the parish in question on the following Sunday and publicly inform the parish membership of the situation. In cases where the accused is an employee of the parish or is a lay volunteer within the parish, the rector or incumbent shall similarly inform the parish membership by a statement approved by

c) If the accused is convicted of a criminal charge arising from the allegations and has exhausted his or her remedies of appeal, that person will be immediately and indefinitely suspended from all duties and responsibilities by the Bishop or by the parish corporation, as the case may be. In cases where the accused is a member of the clergy, the Bishop shall attend the main worship service of the parish on the Sunday following a conviction, and publicly inform the parish membership of the situation. In cases where the person is an employee of the parish or is a lay volunteer of the parish, the rector or incumbent shall similarly inform the parish membership of the situation. Where the convicted person is a member of the clergy, the Bishop and the Advisory Team shall arrange a parish counselling/debriefing workshop or retreat, to take place within four weeks of a conviction.

d) If the person is acquitted of the criminal charge, or if for some reason the criminal charge is stayed, the steps set out in section 111.7.i. shall be followed.

8. The question of the reintegration of a convicted offender into full parish life and ministry lies beyond the scope of these guidelines. However, this much needs to be said: while the Church is committed to reconciliation and the restoration of communal and personal wholeness, it is also fundamentally committed to the nurture and protection of its most vulnerable members.

IV. Complaint of Sexual Harassment or Assualt

1. Upon receipt of the complaint, the Bishop or the Bishop's chosen designate(s), after receiving the Chancellor's advice to proceed, will meet with the alleged victim within one week. The purpose of this meeting is:

a) establish the basis of the allegations; and

b) ensure that the complaint is made in writing (including name of complainant, home and work telephone numbers, location of workplace, nature of complaint, alleged harasser's name, and details of complaint);

c) get written consent to approach the accused with the complaint.

2. Where the complainant resolves not to file a complaint with civil authorities, and where the Bishop or the Bishop's chosen designate(s), in consultation with the Chancellor or the Chancellor's agent, believes that the conduct in question may constitute sexual harassment or assault, the Bishop (or they) shall arrange to meet with the accused without delay. The purpose of this meeting is:

a) present the accused with the written allegations and to determine what further actions may be necessary; and

b)to inform the accused of the right to be represented by legal counsel or other person of choice at any stage of the process.

i) If admission of guilt is freely and voluntarily made, the Bishop shall, in consultation with the Chancellor, the complainant, and , where relevant, the Abuse Team, invoke such disciplinary action as the Bishop deems appropriate.

ii) If no admission or acknowledgment of complicity is made and where further investigation is warranted, the investigation shall be undertaken by a person, or persons, appointed by the Bishop.

3. If a case proceeds to further investigation, the Bishop shall, in the case of a member of the clergy or a person employed by the diocese, suspend such accused person from all duties. In the case of an accused person who is employed by a parish or is a lay volunteer within a parish, the Bishop shall require that the rector or incumbent suspend the accused from all duties; with the clear understanding that:

a) the accused is presumed innocent until proven guilty; and

b) in cases where the person is a member of the clergy or is employed by the diocese, the suspension is with pay; and

in cases where the person is an employee of a parish, the rector or incumbent may recommend to the parish that the person be suspended with or without pay.

Any suspension shall remain in effect until the allegations have been properly any action by the Bishop. During the suspension period, an accused person who is a member of the clergy, or is employed by the diocese, is prohibited from attending all public functions of the parish involved, including worship. In cases where a person engaged by a parish has been suspended by the parish, the suspension should prohibit the person from attending all public functions of the parish involved, including worship. In cases where the accused is a lay volunteer, that person will be requested to refrain from attending all public functions of the parish involved, including worship. This is intended to protect both the accused and the complainant.

4. The Bishop shall invite the complainant, and, on a separate occasion, the accused, to meet with the Advisory Team. The purpose of this meeting is to provide an opportunity for those involved in making and receiving the allegations to share the substance of their complaint or defense and the various accompanying emotions and reactions, and to do so in a pastoral context. The Advisory Team shall inform the accused of charter rights and the right to silence, and of the right to legal aid, according to directions given by the Chancellor, and provide information and encouragement regarding relevant support systems and counselling. In cases where new allegations are made in the context of this meeting, the complainant should be directed to the Bishop and those investigating the case. The complainant and accused must be made aware that this is a pastoral process and not an investigative one, and that all proceedings will be kept absolutely confidential, unless the complaint becomes a civil matter and thereby subject to witnesses being called under subpoena.

5. Provision may be made for counselling for the complainant and the accused, and their families, during the suspension period. Participation in this counselling would not be interpreted as evidence of an offense or as an admission of guilt.

6. Those in charge of the investigation shall, upon completion of their investigation, report to the Bishop the full details of the investigation in writing, and shall render to the Bishop a decision as to whether or not the complaint is well-founded.

a) in the event the decision substantiates the allegations, action may be taken in accordance with the General Synod and Diocesan Canons on Discipline where the accused is a member of the clergy. In other cases, the Bishop may remove the person from employment or position within the Diocese and the parish corporation may remove the person from employment or position within the parish. In any event, the Bishop or the parish corporation shall consult with the advisory team before taking any action to reinstate the accused.

(i)In cases where the accused is a member of the clergy, the Bishop shall, by the Sunday following the Bishop's disciplinary action, inform the parish membership of the situation without disclosing the nature of the complaint. In cases where the person is an employee of the parish or is a lay volunteer of the parish, the rector or incumbent shall similarly inform the parish membership of the situation, without disclosing the nature of the complaint. Where the offender is a member of the clergy, the Bishop and the Advisory Team shall arrange a parish counselling debriefing workshop or retreat, to take place within four weeks of the Bishop's disciplinary action.

ii) The accused shall be informed of the right to appeal the decision and discipline under the General Synod and Diocesan Canons on Discipline.

b) In the event the decision does not substantiate the allegations, and if the Bishop is satisfied that all allegations have been properly handled and investigated the Bishop shall, in the case of an employee of a parish or a lay volunteer within a parish, recommend the parish reinstate the accused. In the case of the suspension of a member of the clergy, the Bishop shall, unless otherwise requested by the accused, attend the main worship of the parish in question on the Sunday following the completion of the investigation, and publicly reinstate the accused.

Where the accused has been suspended by the parish corporation, the accused may request that the rector or incumbent publicly reinstate the accused.

7. Mediation counselling shall be offered to the accused and the complainant. In some cases, it will be appropriate to involve the respective families in mediation.

8. Provision may be made for counselling for all parties, including the accused, the complainant, the families, and the parish community.

V. Adult Survivors of Childhood Abuse

1. In cases where the allegations are made by adult survivors of past abuse at the hands of clergy, Church staff or volunteers, it needs to be recognised that, whiles the complainant may not be at risk, there is a possibility that others may currently be at risk.

2. The steps outlined above can be adapted to suit such a situation. In these cases, the complainant shall be advised to make a report to the Bishop or the Bishop's Commissary, who, in consultation with the Chancellor or the Chancellor's agent, will advise with regard to making a report to civil authorities. The suspension process outlined in section III. may be implemented at the Bishop's discretion. If criminal charges are laid, the suspension process outlined in section III.7.ii. shall be followed. The counselling provisions shall remain as outlined in section III.5.,6., and 7.

3. There may be cases where adult survivors are unwilling to pursue the process OE beyond making an allegation known within Church structures. For some, the prospect of going through charging an alleged offender with a criminal offense is simply too daunting. In such cases, the Bishop may take action in accordance with the General Synod and Diocesan Canons on Discipline. It must be understood that cases of past abuse, brought forward by adult survivors pose the thorniest problems. Any action taken by the Bishop in such cases must be done in full consultation with the Chancellor and the Advisory Team.