Sexual Misconduct Policy

3. LEGAL GUIDELINES RELATING TO SEXUAL MISCONDUCT

3.1 This policy is intended to address sexual misconduct which may be in violation of Alaska law.Such violation can subject the perpetrator to a prison sentence and/or a monetary fine. It can also be the basis for a civil suit for monetary damages.

3.2 The law changes from time to time through the enactment of amendments to statutes and judicial interpretations. Because of this, it is incumbent upon the Archdiocese to provide appropriate updating for personnel. 3.3 Alaska laws define various types of conduct that violate the law. The primary areas of concern are:

3.3.1 Sexual abuse (as it applies to adult/child or vulnerable person interactions) is the subjection of a child or vulnerable adult, by any person responsible for their care or by a person in a position of authority, to any sexual act which is a violation of Alaska law.

3.3.2 Sexual harassment in the workplace occurs when sexual advances, requests for sexual favors, and other verbal or physical conduct is such that

(1) submission to such conduct is made explicitly or implicitly a term or condition of an individual’s employment;

(2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

(3) such conduct has the purpose or effect of unreasonably interfering with an

individual’s work performance or creating an intimidating, hostile, or
offensive working environment.

3.3.3 Acts or patterns of sexual harrassment can result in termination of employment.

4. EDUCATION

Since education alone cannot shape mature attitudes and behavior or change inappropriate sexual behavior, each adult must be responsible for his or her own sexual growth and maturity. To support this responsibility, the Archdiocese may, from time to time, arrange programs which include knowledge or training applicable to these areas.

The Archdiocese will cooperate with parents, educators, civil authorities, and community organizers to provide education and training for children, youth, parents, educators, ministers, and others about ways in which to make and maintain environments free from sexual misconduct.

5. POLICY DISTRIBUTION

5.1 This policy is to be distributed to all personnel listed in Section 2 above, and to the following:

1. all those who seek ordination as clerics of the Archdiocese before being admitted to candidacy

2. all clerics of other jurisdictions who seek incardination in the Archdiocese, or who seek assignment to work in the Archdiocese

3. all non-clerical personnel who present themselves for employment or volunteer service with offices and institutions mentioned in Section 2.10.

4. All above mentioned personnel shall sign an acknowledgment of receipt, understanding and acceptance of the policy. Appendix II to this document contains the required receipt.

5. The policy is to be renewed annually and a signed receipt submitted.

5.2 Personnel listed in Sections 2.1 through 2.5, and those additional persons noted in 1 and 2 above are to forward this receipt directly to the Office of the Chancellor.

5.3 All other personnel are to give this receipt to their immediate supervisor, or to the head of their office/institution, or to the person hiring them, who will then forward the receipt to the Office of the Chancellor.

6. BACKGROUND AND REFERENCE CHECKS

To ensure the safety of our children and the members of the church, all priests, deacons, pastoral leaders, archdiocesan and parish staffs and volunteers who work with our youth and children are required to have a criminal background check.

6.1 All newly hired individuals must complete an Authorization/Release form and have a background check completed as part of the hiring process. All applicants must be told that a background check is being done and they must give their written consent to be screened. All signed authorization forms are to be sent to the Chancellor. 6.2 All volunteers working with youth and children and other vulnerable people are required to sign an authorization and release form prior to active involvement in parish ministry.

6.2.1 The following persons are exempt from the criminal background check: Teachers currently certified to teach in the State of Alaska (must submit copy of teacher certificate)

· Confirmation sponsors who are selected by the candidate or candidate’s family

6.2.2 Occasional (i.e. one or two times a year) volunteers who do not work predominantly with youth and children or vulnerable persons

6.2.3 Each parish shall keep a log of those submitting an Authorization/Release form including the information as below:

	Criminal Background Check Authorization/Release Submitted	Notification that Check is complete
NAME	DATE	DATE

6.2.3. The following checks will be completed for each individual volunteer or person seeking employment:

a. Social Security Verification

b. Criminal Checks in all states and where possible local jurisdictions (e.g., counties where the individual has lived and worked over the past 7 years.)

c. State Sex Offender, all states of residence past 7 years

In employment positions related to finance, a pre-employment credit check may be requested.

6. 2.4 All reports received will be kept in confidential files at the Chancery office. No information will be shared unless the individual requests in writing that the information be provided to specified others. An individual, upon written request, may receive a copy of the background check report received. Should there be a discrepancy in the record; the Archdiocese will work with the individual to get the record corrected. If information is reported that would indicate a question as to a person’s appropriateness for the position or volunteer activity, the supervisor will be notified to determine whether employment or volunteer status can continue.

6.3 Religious or ecclesiastical superiors will submit to the Archbishop a statement for all religious and /or clerics of other jurisdictions who work for the Archdiocese indicating whether the religious or cleric is in good standing.

6.4 All religious and/or clerics who seek employment with the Archdiocese or its institutions, all clerics of other jurisdictions who seek incardination in the Archdiocese, or who seek assignment for work in the Archdiocese must, before beginning ministry in the Archdiocese, furnish documentation to the Archbishop from the diocesan bishop or religious superior as to their good standing and be subject to a background check..

6.5 If any religious and/or cleric who is currently employed by the Archdiocese seeks or is proposed for a new assignment, transfer, or residence in another ecclesiastical jurisdiction, the Archbishop or religious superior must furnish documentation to the receiving Archbishop/Bishopor religious superior as to their good standing.

6.6 All those seeking admission to a seminary in the hope of ordination as clerics of the Archdiocese will undergo psychological testing as required by the Archdiocese. The institutions preparing candidates for ordained ministry in the Archdiocese of Anchorage will submit reports to the Archbishop outlining the candidates’ suitability for ministry.

6.7 Any further background investigations of diocesan personnel must be approved by the Archbishop and coordinated by the Vicar General, Chancellor or other persons designated by the Archbishop.