WHEREAS both a severe warning against offending little ones and solemn commandments to protect, nurture and teach our children are evident throughout the Word of God;

THEREFORE BE IT RESOLVED

THAT the safety of the child be defended and sacred value of each individual be taught in the writings, the witness and the work of St. James the Less Church;

THAT we subscribe to a gracious balance between the safety of each individual and the responsibility to parental, civil and church authority;

THAT we boldly declare our belief that each child has the right to life, liberty and fulfillment in the pursuit of the pleasures of God according to the precepts of the Bible;

THAT together we demonstrate a deep respect for human life, a firm commitment for future generations to have access to Christ’s calling and an entrance into His eternal Kingdom; and

THAT we will accordingly adhere to the Child Safety Policy that is hereto attached.

CHILD SAFETY POLICY

OBJECTIVES OF THE POLICY

Corporation of the Anglican Parish of Renforth, hereafter referred to as St. James the Less; recognizes that providing a safe and happy environment for children takes diligent oversight and the heartfelt conviction that children deserve the very best. Protecting our children is at the heart of our Lord Jesus Christ. Jesus placed a priority on children and took special care to draw them unto Himself. It was the Lord himself who said, “Do not hinder the children,” Luke 18:16. The hope is that this policy will provide guidance, support and security to all members of St. James the Less and the children who rely upon us.

A. QUALIFICATIONS FOR CHILDREN’S AND YOUTH WORKERS

1.00 PURPOSE

1.01 The church has a spiritual, moral and legal obligation to provide a secure environment for children participating in church programs or who are under the auspices or authority of the church.

1.02 This policy is intended to further the church’s obligations to the children under its care by prescribing certain policies or procedures designed to minimize the risk of child abuse or complaints of abuse. It is hoped that these policies will further the reality that the church is a sanctuary and a place of ministry. Abuse of children must be condemned and prevented in the church and its programs.

2.00 CHILDREN’S MINISTRY PERSONNEL

2.01 All personnel, employees and volunteers are required to complete an application form, in a form prescribed from time to time by the church Vestry. Attached as Appendix 1 is a Volunteer Application Form for Child and Youth Ministries.

2.02 All applicants are required to give the names of two references. These references will be contacted by such persons designated by the church Vestry in order to complete a Personal Reference Information Form in the form prescribed by the church Vestry and generally, but not limited to, the form attached as Appendix 2.

2.03 All applicants shall be subject to a personal interview conducted by such persons designated from time to time by the church Vestry and each applicant shall complete and submit a Criminal Records Check in the form attached as Appendix 3, or as required by Local Law Enforcement Agencies in specific jurisdictions.

2.04 All applicants must be faithful attendees in good standing for at least six (6) consecutive months of St. James the Less or another Christian church and be known by the Rector/Minister-in-charge of the church before making application to work with children or youth, and have agreed in writing to be submitted to the authority of the church, its guidelines and policies.

2.05 Any applicant who has been accused of any form of physical or sexual abuse, or any other violent crime will not be permitted to work with minors, absent a determination by the Rector/Minister-in-charge that such event(s) could have no bearing on the applicant’s position.

2.06 Any applicant who has been legally found guilty of any form of physical or sexual abuse, or any other violent crime will not be permitted to work with minors or in Children & Youth Ministries at St. James the Less.

3.00 EDUCATION

3.01 All personnel, employees and volunteers involved in children’s ministries shall participate in meetings, seminars, workshops or read resource material as prescribed from time to time by the church Vestry or Rector/Minister-in-charge directed toward, but not limited to issues related to Children & Youth Ministries (C&YM) guidelines, child safety, child abuse prevention, identification and reporting obligations.

4.00 TEACHING OR FUNCTIONS

Programs that involve children and youth must always include adequate supervisory personnel. Supervision should also be maintained before and after the event until all children are in the custody of their parents or legal guardians. The supervisory staff should make regular visits to the classroom to make sure the class is properly staffed and supervised.

4.01 There shall be a minimum of two (2) qualified caregivers*, one being an adult, in any care situation for children under the age of five years.

*Red Cross/Saint John Ambulance baby-sitting course or equal - minimum age of 12 years.

4.02 Classroom doors, except where there are windows in the doors or there are two or more qualified caregivers present, shall be kept open during any time where children are in the care of persons under the authority of the church.

4.03 Individual counseling/ministry with a child (under the age of 16) shall not be done in a closed room except with a minimum of two qualified caregivers present.

4.04 No overnight functions shall be permitted unless two or more qualified adults are present and the function has first been approved by the Rector/Minister-in-charge. In addition, a supervision ratio of 1 qualified adult supervisor for every 5 children with a minimum of 2 adult supervisors shall be maintained.

4.05 At no time shall any caregiver use any form of physical discipline when correcting a child. (Appendix 7)

4.06 Parental/guardian consent is required for participation by any child in a church program or activity. On-going participation in church programs as well as special events requires the written consent of parent or guardian.

4.07 Nursery and Toddler programs shall have an appropriate child identification, emergency contact and ‘check-in/check-out’ system in place to ensure the safety of children in their care. All preschool rooms are to be staffed with at least one female caregiver to better facilitate observance of the washroom guidelines.

5.00 WASHROOM GUIDELINES

5.01 Parents are to be encouraged to take their children to visit the washroom prior to each class or service. This recommendation is to be communicated to parents at the beginning of each new school year, and through the year to newcomers. (Eg. Signs, notices, etc.)

5.02 Nursery Children

Diaper changing must take place in such a way that another nursery worker can easily see the child that is being changed, as well as the other children and workers in the room. Children must be 12 years of age or older, with appropriate training before being permitted to change infant’s diapers.

5.03 Preschool – Grade 2 Children

Two adults will escort a group of children to the washroom. Where we do not have two adults available to take children to the washroom, hallway or safety monitors will be appointed to assist with washroom and security duties.

If just one child must go to the washroom, the adult volunteer should escort the child to the washroom and prop the outside door open. Having made sure there is no one loitering in the washroom, the volunteer should then remain outside the washroom door and wait for the child before escorting him or her back to the classroom.

When children need assistance in the washroom, an adult may enter the washroom cubicle to assist when a second adult is within visual contact. If this is not possible, inform another adult when taking a child to the washroom and when returning.

6:00 REPORTING CHILD ABUSE (REFLECTING NB LAW)

6.01 Section 30(1) of the Family Services Act, Part III Protection Services requires that any person who has information causing him to suspect that a child has been abandoned, deserted, physically or emotionally neglected, physically or sexually ill-treated or otherwise abused shall inform the Minister of the situation without delay.

NB: Minister means the Minister of Health and Community Services

6.02 Section 30(3) A professional person who acquires information in the discharge of the professional person’s responsibilities that reasonably ought to cause the professional person to suspect that a child has been abandoned, deserted, physically or emotionally neglected, physically or sexually ill-treated or otherwise abused but who does not inform the Minister of the situation without delay commits an offence.

NB: Minister means the Minister of Health and Community Services

6.03 Any person who has information causing him to suspect that a child, who is under the ministry of St. James the Less Church, has suffered abuse must forthwith report the suspicion and information on which it is based to the Rector/Minister-in-charge or such other person as St. James the Less Vestry may from time to time in writing direct (see Appendix 4 Child Abuse/Neglect Form). The Rector/Minister-in-charge or Vestry shall forthwith report the circumstances to the appropriate civil authorities in compliance with the Family Service Act Section 30(1)

6.04 Prior to making a report pursuant to the provisions of the Family Services Act, no person shall, apart from complying with paragraphs 5.01 and 5.02 of this policy statement, conduct any investigation or question any individual(s) in respect of his or her belief, unless specifically authorized to do so by the Vestry. Any information obtained and any report made pursuant to paragraphs 5.01 and 5.02 hereof shall be considered and treated as STRICTLY CONFIDENTIAL information by the individual making the report and by the Church, its employees, servants and volunteers.

7.00 IF CHURCH PERSONNEL IS ALLEGED TO HAVE ABUSED A CHILD

7.01 Upon receiving a written or verbal report alleging that any personnel associated with the church has abused or threatened to abuse a child or if the Rector/Minister-in-charge receives information about any volunteer personnel that indicates that a child is or may be at risk, such person shall immediately be suspended from all duties or responsibilities in the children’s ministry pending the outcome of an investigation into the allegations.

7.02 If there is a written or verbal report made by a person who is prepared to identify himself or herself alleging that an employee of the church has or may have abused or threatened to abuse a child, such accused person shall be suspended from all duties or responsibilities in all children’s ministries, with pay, pending the outcome of such investigation and until otherwise notified by the church Vestry and subject to any written employment discipline policy process.

7.03 Any notice of suspension shall be given in a manner that will not jeopardize any investigation by the Minister of Health and Community Services director or the police and shall be done in consultation with the civil authorities. Any suspension from duty is not and shall not be deemed to be a presumption by the church or an admission by the individual of guilt. The suspension of a person in the circumstances set forth in this policy statement is imposed for the protection of the children in our care and to demonstrate the commitment of the church, its officials, employees, servants and volunteers to protect the children in the care of the church and its ministries.

7.04 Any personnel, volunteer or employee, who has been suspended pending the completion of the investigation shall be subject to the discipline process of the church in accordance with the Diocesan canons, or such other policies implemented from time to time to deal with the investigation of abuse allegations.

7.05 Any personnel, volunteer or employee, found to have abused a child or placed a child at risk of abuse shall, apart from any other discipline process, be prohibited from participation in any children’s ministry in the church unless specifically authorized by the church vestry and then only in accordance with any and all terms and conditions determined by the vestry.

8.00 RESPONSE TO ALLEGATIONS

8.01 All allegations will be taken seriously. The information will be immediately documented in writing and given to the Rector/Minister-in-charge who is the designated spokesperson for the release of ANY information regarding the allegation. Only on the advice of the Bishop of the Diocese of Fredericton and the Vestry of St. James the Less Church will the Rector/Minister-in-charge prepare a public statement and release it to media.

8.02 The Rector shall immediately contact;

(a) Bishop of the Diocese

(b) Church Wardens

(d) Legal counsel

9.00 REPORTING CHILD SEXUAL ABUSE

In the case of alleged sexual abuse by a church employee or volunteer, the DIOCESAN POLICIES AND GUIDELINES FOR THE CHURCH’S RESPONSE TO ALLEGATIONS OF SEXUAL OFFENCES shall be followed. See Appendix 8 or Section B-12 of the Handbook of the Diocese of Fredericton.

B. UNIVERSAL PRECAUTIONS

1.00 PURPOSE

1.01 St. James the Less Church understands the potential danger of the spread of infectious diseases and viruses and acknowledges that measures can be taken to help prevent it from occurring. Universal Precautions are defined as hygienic measures used to discourage the spread of infectious diseases. As a means of compassionately and comprehensively caring for the children of our church, we will adhere to following the Universal Precautions Policy.

1.02 This policy is intended to further the Church’s commitment to maintain a safe and healthy environment for the children in its care and to ensure the protection of not only children, but also of Children and Youth Ministry workers, volunteers and other members of the congregation.

1.03 Rather than singling out any individual, the goal of the policy is to hold to a standard that protects all individuals as if they have been exposed to an infectious disease and to minister to the entire church family.

2.00 PROTECTION FROM DISEASE

2.01 Many communicable diseases, such as (but not limited to):

(a) Influenza;

(b) Mononucleosis;

(d) HIV/AIDS;

(e) Hepatitis

(f) Mumps, measles, chickenpox;

(g) Conjunctivitis or Pink Eye;

(h) Infections;

(i) Skin conditions, fungus

(j) Lice

can be transmitted between persons in group environments.

2.02 Should St. James the Less Church endeavor to operate daycare and school facilities we will contact local health authorities to determine and establish appropriate protocols for the prevention of the spread of disease.

2.03 Simple precautions can discourage the spread of diseases and guidelines for the following should be adhered to by all staff and volunteers:

(a) routine hand washing;

(b) use of latex gloves in specific circumstances;

(d) disposal of waste; and

(e) use of disinfectants.

2.04 Once appropriate guidelines or protocols have been established in consultation with health authorities, they must be communicated to Children and Youth Ministry workers and volunteers and adhered to.

2.05 All blood and body fluid spills are to be recorded on an Blood/Body Fluid Clean-up Report form and given to the appropriate leadership. (Appendix 6)

C. ACCIDENTS, ILLNESSES & EMERGENCIES

1.00 PURPOSE

1.01 St. James the Less Church recognizes the importance of implementing guidelines for the appropriate response to accidents, illnesses or emergencies, particularly when they involve children in the care of the Church.

1.02 This policy is intended to assist church workers and volunteers in responding to child accidents, illnesses and emergencies. The goal is to anticipate the unexpected and sufficiently prepare ahead of time. Accidents, illnesses and emergencies of varying degrees will occur. The Church’s responsibility is to handle situations effectively to promote the health and safety of the entire church body.

2.00 EMERGENCY CONTACTS

2.01 For every child regularly enrolled in a ministry at St. James the Less Church, the following information shall be provided in writing by a parent or guardian at the time of registration:

(a) the full name, address and all telephone or cellular numbers for a parent or guardian to be contacted in the event of an emergency; and

(b) the full name, address and all telephone or cellular numbers for an alternate adult person to be contacted in the event of an emergency, if the first named parent or guardian contact cannot be reached.

2.02 For every child regularly enrolled in a ministry at St. James the Less Church, confirmation in writing for consent to participate from a parent or guardian at the time of registration is required to include the following: (Appendix 7)

(a) any special medical conditions of the child

(b) particulars of any medications which the child is required to take;

(d) particulars of any Court order in force in respect of the child; and

(e) particulars of any other special arrangements for the child of which St. James the Less Church staff or volunteers should be aware

2.03 Any child who is not a regular attendee of the Children and Youth Ministries programs, must be asked by the caregivers to provide the name of their accompanying parent, guardian or responsible escort.

3.00 ILLNESS GUIDELINES

3.01 Children with the following symptoms will not be allowed to attend daycare, pre-school or school classes or programs:

(a) temperature of 100 degrees or higher;

(b) cold symptoms such as severe runny nose, congestion or cough;

(d) any rash or skin condition unless stated to be non-contagious by a qualified physician;

(e) symptoms of conjunctivitis or Pink Eye, such as colored discharge from the eye or red, puffy eye lids.

(f) lice or nits

3.02 No prescription or non-prescription medication of any kind will be administered to a child without the express written permission and instruction from a parent or guardian.

3.03 A parent or guardian of a child who becomes ill will be contacted and asked to remove the child from the program or facility for the duration of the illness.

4.00 ACCIDENT GUIDELINES

4.01 In the event of an accident, a written report will be completed in duplicate in a form approved by the Vestry (Appendix 5). One copy of the report will be sent home with the child involved and the other will be reviewed by the Rector/ Minister-in-charge and kept on file.

4.02 Upon receiving an Accident Report, the leadership will report to the Church’s insurer if appropriate.

5.00 CHURCH PROGRAM DRIVING

5.01 All drivers for St. James the Less Church programs must have the appropriate driver’s license for the class of vehicle being driven. Drivers must be familiar with the vehicles they are called upon to drive.

5.02 A safety check of the vehicle should be conducted prior to all trips. Seat belts must be worn.

5.03 Copy of proof of registration and adequate insurance must be on file for all private vehicles or volunteer drivers used during St. James the Less Church programs.

5.04 In the event of a motor vehicle accident, an Accident Report will be completed and the appropriate report will be made to the Church’s insurer and the vehicle insurer.

6.00 EMERGENCY PLAN

6.01 An emergency response plan for

(a) earthquake;

(b) fire;

(d) flood;

(e) parental (divorce/custody) conflicts should be prepared and implemented by the Church.

6.02 Periodic drills to test emergency readiness and response should be conducted in consultation with local emergency response providers such as the police and fire departments.

a. An emergency exit map should be placed at each exit door.

7.00 HAZARD PROTECTION

7.01 Electrical cords and outlets in facilities used by children should be checked regularly to ensure that;

(a) there are an adequate number of outlets for the purpose of the facility;

(b) worn or broken electrical cords are repaired or replaced;

(d) special care is taken to ensure the safety of electrical cords, connecting fans, heaters, ventilation equipment, microphones and speakers; and

(e) outlet covers are used in all nursery and toddler care facilities.

7.02 Chemical substances including:

(a) cleansers;

(b) disinfectants;

(d) correction fluid;

(e) glues;

(f) dry erase markers;

(g) fertilizers; and

(h) other hazardous materials

must be kept out of the reach of children. Information concerning what to do in the event of ingestion should be readily available to Children &Youth Ministry workers and volunteers.

7.03 Emergency response numbers including

(a) police,

(b) fire,

(d) ambulance; and

(e) animal control

should be prominently posted near the telephone in all facilities used by children.

APPENDIX 1

ST. JAMES THE LESS CHURCH

VOLUNTEER APPLICATION FORM

for CHILDREN AND YOUTH MINISTRY

A. PURPOSE

This application shall be completed by all volunteer applicants for any position involving the supervision or care of children under the age of majority. The church has a spiritual, moral and legal obligation to provide a secure environment for those children participating in church programs and who are under the auspices of the Church. To this end this application and the application process are intended to assist.

All information provided by the Applicant is strictly confidential and only persons with legitimate need will have access to any information obtained in the application process. Failure to complete any or all of the application may delay or disqualify consideration of the Applicant. Any questions of a sensitive, personal nature may be reviewed by the Applicant with the Rector/Minister-in-charge.

B. PERSONAL BACKGROUND

Name: _______________________________________ Date of Birth:____________________

Mailing Address: _______________________________________________________________

Home Telephone: ________________________ Marital Status: _________________________

Work Telephone: __________________ Email Address: _______________________________

Please indicate the ministry/age group that you are currently working in by writing a (1) next to that ministry. Indicate the ministry you would like to work in with a (2).

D. STATEMENT

The information provided in this application is correct. I authorize any person listed as a reference to provide any information requested pertaining to my character and fitness to participate in children’s ministry of the Church.

Should my application be accepted, I agree to be bound by the policies and procedures of St. James the Less Church, Diocesan policies including disciplinary processes, as applicable, and to refrain from any conduct unbecoming in the performance of my responsibilities on behalf of the Church.

I have read and understand the contents of the Child Safety Policy, and I agree to be bound by said policy.

Print Name______________________________________________________________

Signature______________________________

Dated at ______________________________________, ________________________

this ______ day of _________________________, 20_____.

DECLARATION OF MORAL INTEGRITY

As an applicant for employment or for a volunteer position with unsupervised access to children at St. James the Less Church, and its ministries,

I (print name)_________________________recognize, understand, and agree to live by the moral standards of the church.

I further declare that with regard to my personal moral character and conduct as of this date, I am not engaged in inappropriate conduct, nor do I have inclinations toward such conduct.

Inappropriate conduct includes, but is not limited to, such behaviors as the following: adult heterosexual activity outside of marriage commitment; homosexual or lesbian inclinations or actions; pornography; or sexual abuse or improprieties toward minors as defined by Scripture and Provincial and Federal law.

I do declare that the above statement is factual and true. By affixing my signature, I declare that I meet the moral integrity standards and Christian role model lifestyle requirements of St. James the Less Church.

Applicant’s signature ___________________________________ Date ______________

Rector’s signature (after discussion with applicant/volunteer) ___________________________

APPENDIX 2

ST. JAMES THE LESS CHURCH

PERSONNEL REFERENCE INFORMATION FORM

Re: ____________________________________ Date of Inquiry: ________________

Name of Applicant

1. Reference Given By:

Name: ____________________________________________________________

Address: ____________________________________________________________

________________________________________________________________________

Phone: ________________________________

2. Nature of relationship with Applicant and how many years have you known the Applicant?

_______________________________________________________________________

3. Where and when have you observed the Applicant working with children?

_______________________________________________________________________

4. What experience does the applicant have with children? What skills do you feel he/she demonstrates in working with children?

_______________________________________________________________________

5. Do you have or are you aware of any concerns about the Applicant’s commitment to the Children’s Ministry or about the Applicant’s personal background which would affect his or her ability to minister to children or which might place children at risk?

Yes: ____ No: ____

If yes, please explain any concerns you may have:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

________________________________________________________________________

Additional Comments:

_____________________________ _____________________________

Name of Person/Reference Name of Person conducting

Telephone Interview

APPENDIX 3

CRIMINAL RECORDS CHECK

SURNAME: ____________________________________________________________

G 1: _______________________________ G 2: _________________________

MALE OR FEMALE: ____________________________________________________

MAIDEN NAME: _______________________________________________________

ADDRESS: ____________________________________________________________

____________________________________________________________

PHONE NUMBER: _____________________________________________________

DATE OF BIRTH: ______________________________________________________

IDENTIFICATION: _____________________________________________________

_____________________________________________________

PLACE OF BIRTH: _____________________________________________________

CPIC: ________________________________________________________________

______________________________________________________________________

OLD CARDS: _________________________________________________________

______________________________________________________________________

NEW CARDS: _________________________________________________________

_____________________________________________________________________

PORS: _______________________________________________________________

_____________________________________________________________________

PAYMENT: PRIOR TO PICK-UP

WHEN PICKED-UP

APPENDIX 4

CHILD ABUSE/NEGLECT REPORT FORM

Section 1 Notification of Incident

Report completed by:______________________________________________________

(Print name and Position in Church)

Report received from:____________________________ Phone:__________________

Address:________________________________________________________________

Date:_______________________________ Time:_______________________________

Section 2 Identity of Child Allegedly Abused/Neglected

Name______________________________ Date of Birth:(yr/m/d)__________________

Parent/Guardian:_____________________ Phone:____________(h)_____________(w)

Address:________________________________________________________________

Section 3 Identity of Person Suspected of Causing Abuse/Neglect

Name:_____________________________ Phone:_____________(h)____________(w)

Address:________________________________________________________________

Section 4 Incident Details

Date of Incident:___________________ Location of Incident:___________________

Witnesses to Incident:

Names Addresses Phone

_____________________ _________________________ ____________

Description of Events:

Section 5 Signature of Person Reporting Suspected Child Abuse

___________________________ _______________________

Name Signature

Section 6 Reporting of Incident

Has this incident been reported to:

The Senior Rector/Minister-in-charge?__________Yes__________No

Date reported (yr/m/d/)________________ Time:_____________

Name of person who reported___________________________________

Child Protection Services? __________Yes ____________No

Date reported (yr/m/d) _____________ Time___________________

Name of person who reported____________________________________

Name of Protection Service official who received report_______________

Diocese of Fredericton? ______________Yes____________No

Date reported (yr/m/d) ______________ Time__________________

Name of person who reported____________________________________

Name of Diocese of Fredericton official who received report____________

____________________________________________________________

APPENDIX 5

ST. JAMES THE LESS CHURCH

ACCIDENT REPORT

Injured’s Name: ________________________________________________

Supervisor’s Name: ________________________________________________

Date and Time of Accident: ________________________________________________

Location of Accident: ________________________________________________

How did the accident occur? ________________________________________________

Describe any injury: ________________________________________________

________________________________________________

First Aid given: ________________________________________________

________________________________________________

Name(s) of anyone else involved: __________________________________________

__________________________________________

Name(s) of witnesses: __________________________________________

__________________________________________

Name(s) of any physician or other medical practitioner called: ______________________

Signature of person completed report:______________________ Date:______________

I, the undersigned, parent/guardian of _______________________have been fully informed of the accident described in this report.

Parent’s signature: _____________________________________Date:_______________

NOTE:

Send one copy of this report home with child. Keep additional copy of file at the Church.

APPENDIX 6

ST. JAMES THE LESS CHURCH

BLOOD/BODY FLUID SPILL CLEAN-UP REPORT

Date and Time:_____________________ Class/Group/Area: ___________________

Injured Person with spill: ___________________________________________________

Name of Parent/Guardian:___________________________________________________

Age of Person with spill: _____________ Any illness: __________________________

Description of Incident: ____________________________________________________

________________________________________________________________________

Name(s) of anyone else involved: ____________________________________________

________________________________________________________________________

How were others involved:__________________________________________________

________________________________________________________________________

Parent/Guardian Notified by: ________________________________________________

When: _____________________________ How: _______________________________

Description of Spill: _______________________________________________________

________________________________________________________________________

Description of Clean-up (by whom, procedure used): Possible Exposure - Who?

_________________________ How?_________________________________________

________________________________________________________________________

Name(s) of any physician or other medical practitioner called:_______________________

________________________________________________________________________

Name of person in charge of Group/Class: _____________________________________

Signature of person completed report: _____________________ Date: ______________

NOTE: Give to appropriate leader on completion.

APPENDIX 7

PARENTAL CONSENT TO PARTICIPATE

any special medical conditions of the child

(a) particulars of any medications which the child is required to take;

(b) persons authorized to pick up and drop off the child

(d) particulars of any other special arrangements for the child of which St. James the Less Church staff or volunteers should be aware

APPENDIX 8

DIOCESAN POLICIES

AND GUIDELINES FOR THE CHURCH’S RESPONSE TO ALLEGATIONS OF SEXUAL OFFENCES

PURPOSE

The purpose of this document is to outline the policy and procedure of the Diocese regarding alleged sexual offences, as hereinafter defined, regarding clergy, employees and lay members of the Church and the procedural response thereto.

POLICY

Sexual offences, whether to an adult, adolescent or a child by any clergy, parishioner or employee will not be tolerated. Allegations of such conduct will be taken seriously and dealt with promptly. In cases in which criminal charges may arise church authority will encourage investigation and the determination of responsibility.

RECITALS

The procedures outlined herein are to be followed preliminary to matters contemplated by Canon XXIV and XXV and not in derogation thereof, although it is recommended that these Canons be reviewed and revised. It is recognized that the Canons on discipline are cumbersome and require detail and time not sometimes available and therefore an expeditious method of dealing with reports of sexual offences in a preliminary and primary sense is needed. It is further recognized because the Bishop is obliged, in some circumstances, by the discipline Canon to determine facts and pronounce sentence that he should not be involved whatsoever in the procedure hereinafter promulgated. In the process, the tenets of natural justice will be pursued.

DEFINITIONS

“Adolescent” means a person over fifteen (15) years of age and under nineteen (19) years of age.

“Child” means a person under sixteen (16) years of age.

“Complaint” includes any oral or written communication that alleges any form of sexual offence against a child, adolescent or adult, no matter how trivial.

“Sexual harassment” includes behaviour with a sexual connotation, if unsolicited and unwanted, and especially if repetitive. Examples are suggestive looks or leers, obscene gestures, sexual remarks, comments, teasing or telling jokes with a sexual content, letters, calls or materials of a sexual nature, touching, closeness, invitation to touch or view sexually explicit materials, pressure for dates or activities with a sexual overtone, or offer to use influence in return for sexual favour.

“Sexual offence” means

(a) all sexual offences found in the Criminal Code of Canada including, but not restricting the foregoing generality,

(b) produce, publish or distribute obscene things,

(d) invitation to and/or sexual touching,

(e) sexual interference, and

(f) sexual assault.

PROCEDURE

1. There shall be established a diocesan sexual offences committee (hereinafter referred to as “Offences Committee” or “committee”) that shall consist of four members as follows, two being a quorum:

one cleric and one alternate cleric; and

one lay person and one alternate lay person.

II The Bishop shall appoint the members of the Committee for a period of three years and the terms shall be renewable.

III The committee may include persons with the following experience or expertise:

(a) someone with professional experience of intervention and treatment of abused persons;

(b) someone with a knowledge of legal systems and the law;

(d) a person who is actively involved in youth work; and

(e) an active Christian who is involved in advocacy work on behalf of abused people.

2. When a complaint is made to a rector, church warden, vestryman, employee or parishioner, the following procedures shall be followed:

When a complaint is against a rector or other parish cleric, a church warden shall be notified immediately. If a warden is not available then the vestry clerk, or failing him or her, any member of the vestry, shall be notified and be responsible for processing the complaint. A complaint, in such circumstances, may be made direct to the Committee.

when the complaint is against a parishioner or employee (other than a cleric) it shall be reported immediately to the rector of the parish involved. If the rector is not available then the report may be made to a warden, or failing him or her, to the Regional Dean for the Deanery concerned.

(c) when the complaint is against a cleric, employee, volunteer, or other person engaged in church matters and not otherwise included above it shall be reported immediately to the Dean of the Cathedral;

(d) the recipient of the complaint shall report all available details of the incident to the Committee within three days of the complaint.

(e) if a complaint is received in the synod office affecting a parish, it shall be referred in accordance with subsections ( a ) or ( b ).

3. If the person bringing the complaint wishes to report to the police for investigation and laying of charges, recipients of complaints and others involved in the designated procedure shall cooperate and give any assistance needed to do so.

4. The transmission of the complaint to the Committee shall be in the form not expeditious in the circumstances, and it, and all further communications, shall be dealt with in the strictest confidentiality.

5. Upon receipt of the complaint, the Committee shall firstly determine if it is within their level of authority to proceed or whether it is their obligation to encourage the complainant to go to the police or other relevant authorities. If the alleged victim is a child the Committee must ensure that the complaint is reported to legal authorities as required by law.

6. If the complaint is a matter for police or other civil authority investigation the Committee shall cooperate with such authority but shall retain confidentiality to the extent possible. This provision shall apply at any time appropriate information comes to the attention of the Committee.

7. While the matter is under investigation and/or prosecution by the police the Committee shall monitor its progress but shall suspend its own process, except to advise persons directly interested as to the status of the complaint and the agency in control.

8. If the complaint is not one that falls within the category mentioned in Section 6, then the Committee shall, within thirty days of receipt of the complaint, institute a formal investigation.

9. The formal investigation shall be sensitive to the rules of natural justice and procedural fairness and, as closely as practical, shall proceed as follow:

When the complaint comes from an adult the Committee shall request a written complaint;

(a) The Committee shall meet with the complainant and hear the story;

(b) The complainant may have an advocate present at the meeting;

(c) If the complainant is a child he or she will be assured that it is not necessary to meet the alleged abuser face to face;

The Committee will meet with the accused to reveal the written complaint and to hear the accused’s response. The accused may respond in writing only, should he or she wish;

The accused shall be advised in advance of the nature of the complaint and the reasons for the meeting;

the accused may have an advocate present at the meeting;

the Committee may adjourn the meeting from time to time and will give both the complainant and the accused ample opportunity to present evidence, cross-examine witnesses or question any witness where evidence is being given orally;

the meeting is to be conducted in an inquisitorial, not adversarial, fashion;

before embarking upon the meeting, the Committee must be satisfied that the accused is mentally and physically capable of understanding the proceedings and the nature of the accusations and generally or presenting his or her case and replying to the evidence against him or her;

A record in writing of the Committee’s meetings shall be kept.

10. If the Committee decides that it is possible that an offence has occurred it will then inform the accused that

The accused’s innocence will be presumed until proven otherwise but

The Committee may recommend that the accused be suspended from ecclesiastical work temporarily, with pay and without prejudice, until the Committee’s investigation is completed and a decision is made; and

The relevant parish will be informed of this action.

11. The Committee may take the following action;

Dismiss the case and report to the complainant;

Provide for further investigation;

Report in writing to the Bishop with, or without, a recommendation for disciplinary action; or

Report its findings to the appropriate police authority for recommendation and possible criminal charges.

12. When an accused person is exonerated, a public statement to this effect may be made by the Committee, and shall be made if requested by the accused.

13. If, following police investigation and/or prosecution, charges are dismissed, withdrawn or such investigation is otherwise abandoned, the Committee shall proceed with its investigation as heretofore set forth.

14. If the accused is convicted of a criminal offence then such shall be reported by the Committee forthwith to the Bishop.

15. When and if the Committee deems it appropriate, it may suggest appropriate therapeutic services and/or pastoral care to victims, offenders or parishes.

16. When appropriate the Committee may recommend to the Bishop that he inform the parish of the circumstances of the complaint and the subsequent action that has been taken.

17. I. When the Committee has closed a file, it shall be considered confidential and stored in a secure place in the Chancellor’s office.

II The Committee files shall be opened only to

The relevant complainant or accused upon such conditions as considered appropriate by the Committee, and

Upon subsequent complaints by the same complainant or against the same accused.

SHOWING KIDS WE CARE

BOUNDARIES FOR SHOWING AFFECTION

As we care for the children and youth in our ministry, it is important for us to display wisdom and discretion as we show affection. As you read the following guidelines, focus on the positive. These boundaries are designed to protect you and the kids.

SAFE HUGS

Hugs are a great way to show affection! Appropriate hugs need no coercion. Some persons do not like to be hugged and we should respect their feelings. Bend down on their level. Let’s keep hugs brief and avoid full body hugs. Side hugs are best! Adults should take the lead in demonstrating a side hug.

SAFE HANDS

High five! Use your hands to say, “I care,” “You’re important,” or “Good job!” A hand shake, a pat on the back, and joining hands when we pray helps us communicate important messages. A simple boundary to remember, avoid contact with someone on the upper legs or thighs, or any place where a full bathing suit would cover. Also, except when praying or playing a game or activity, it’s a good idea for leaders not to hold the hands of the opposite gender. Back rubs and massages are great when the whole group does them. But are discouraged on a one-to-one basis.

WORDS OF AFFECTION

Be positive, genuine and encouraging. Let your words affirm self control even in the most trying of circumstances. Always avoid any sexually suggestive comments, swearing, sarcastic, or degrading remarks.

OTHER SUGGESTIONS

Use discretion in how you display affection. Avoid the “appearance of evil” (1 Thess. 5:22). The apostle Paul’s encouragement to “greet each other with a holy kiss” (Romans 16:6) was an appropriate greeting for the culture of his day, but the message a kiss communicates in our culture is loaded. No kisses. Also, be aware of your physical presence. If you are standing or sitting too close to a child and they seem to be feeling uncomfortable, just move back some. Respect the feelings of others.