Policies and Procedures Regarding the Protection of Minors

“The Rule and life of the Friars Minor is to live the Gospel.”
St. Francis of Assisi

July, 2020

Abuse of a minor is a direct contradiction of Gospel values.  It is criminal behavior and contrary to the laws, tradition and sacred vows of Franciscan life.  We Franciscan Friars of St. John the  Baptist Province are deeply concerned for those who have experienced sexual abuse, especially as minors, and grieve that some of this abuse was caused by representatives of God and the Church.  We know that this causes deep wounds and is a serious breach of trust.  As a province, we are committed to meeting the standards for prevention of abuse, for responding to allegations with compassion and determination, and to supervision and restrictions on any friars who have perpetrated such abuse.

Clarifications

For the purposes of this policy, a minor is defined to be anyone under the age of 18.  Also for the purposes of this policy, the term minors includes adults who would be considered uniquely vulnerable to abuse because of physical or mental disabilities.  Abuse is the subjection of a minor to any sexual or other unlawful activity.  This policy governs any sexual conduct or contact, especially behavior that is the basis for civil or criminal liability, as it is defined in the local law in the various civil jurisdictions where we serve.

For the purposes of this policy, when the term Provincial Minister is used, one can understand Provincial Vicar should the Provincial Minister be absent.

All friars of St. John the Baptist Province, wherever they might be assigned, are expected to know and follow this policy.

Friars who are returning from ministry outside the United States will be educated in these policies and expected to participate in the ongoing educational programs of the province on child protection.

Any visiting religious or clergy, or friars from other provinces, residing in a friary of the province will be required to have the standard documentation of his good standing from his Major Superior or Ordinary.  These visitors in the province are required to know, observe and participate in all the educational programs of the province concerning child protection while they live in one of the friaries of St. John the Baptist Province.

One who wishes to report an allegation of abuse by a friar of St. John the Baptist Province should contact the Special Delegate of the Provincial Minister for these matters.  All allegations will be taken seriously.

At the current time, the Special Delegate of the Provincial Minister is:   

Fr. Michael Chowning, OFM
Province of St. John the Baptist
1615 Vine Street
Cincinnati, OH 45202-6400
513-721-4700 ext. 3214

1. Friars will be educated about the issue of sexual abuse, and all friars are expected to be aware of and abide by these policies and procedures.  If any friar has difficulty dealing with issues of sexuality, he should confidently approach his Local Minister or Provincial Minister.  Certainly, we should support each other in fraternity, for “to live chastely, we need the support of each other.”  (GC 9.3)
2. If a friar is in a position where he has contact with minors, he needs to be vigilant and guard against actual or potential situations which can or appear to inflict any harm on minors.  If a friar is in a position where he represents not only the friars but a diocese or other institution, he is expected to be aware of their policies and procedures as well and follow them strictly.
3. While all behavior cannot be legislated, the following behaviors are inappropriate and therefore forbidden:
   1. Providing alcohol or allowing a minor to consume alcohol or illegal drugs.  Using, possessing, or being under the influence of alcohol and/or illegal drugs while supervising minors.
   2. Using vulgar or obscene language in the presence of a minor.  Other inappropriate interactions; such as keeping secrets, complimentary comments that relate to physique or body development.
   3. Speaking to a minor in a way that is or could be construed by an observer to be harsh, threatening, intimidating, shaming, derogatory, demeaning or humiliating.
   4. Discussing sexual activity with minors unless that is a specific job requirement and the friar is trained to do that.
   5. Engaging in any sexually oriented conversations with a minor unless that is part of a legitimate lesson for teenagers regarding human sexuality issues.
   6. Being nude in the presence of a minor.
   7. Possessing and/or viewing with minors sexually oriented or morally inappropriate materials (e.g., magazines, cards, videos, films, “sex toys” or paraphernalia, clothing, etc.).
   8. Sleeping in the same room, same bed, sleeping bag or tent with a minor.
   9. Using physical discipline in any way for behavior management of minors. This prohibition includes spanking, slapping, pinching, hitting or any other physical force used as retaliation or correction for inappropriate behavior by a minor.
   10. Going alone with a minor to an overnight retreat, camping trip, or summer home.  A friar who is with a minor in such a setting should always be accompanied by another adult explicitly designated as chaperone.  A friar should always have a parent’s or guardian’s permission for activities which involve a minor.  Programs that involve minors and friars must always be supervised by at least two adults.
   11. Riding alone in a car with a minor except with consent of a parent or guardian.
   12. Inappropriately touching a minor.  [Inappropriate touches include but are not limited to lengthy embraces, kissing on the mouth, holding a child more than four years old on the lap, touching buttocks, thighs, chest/breasts or genital area, being affectionate in an isolated place, touching knees or legs, wrestling, tickling, piggy back rides, any type of massage unless professionally licensed and in a therapeutic setting.  Appropriate touch could be a hug, pat on shoulder or back, touching hands, face, shoulders or arms, an arm around the shoulders or holding the hand of a small child.]
   13. Using electronic communication or social media with a minor.
   14. Friars should not communicate with minors (other than relatives) using electronic media except as a part of their professional/ministerial responsibilities.  This includes email, instant messaging, texting, or social networking sites.  If a minor contacts a Friar, a polite response is permitted, but future communications should be stopped.
   15. All communications between a Friar and a minor must be transparent.  “Transparent” means, for example, that, if communication via social media or electronic communications with a minor happens, someone other than the Friar and the minor should be aware of it.  (The Friar could copy a parent, supervisor, local minister, etc., keeping a log of who was notified.  If a Friar receives something via this medium from a minor, he should let a parent, supervisor, or local minister know about it.)
   16. Friars are not to:
       1. Make comments that are, or could be construed by any observer to be harsh, coercive, threatening, intimidating, shaming, derogatory, demeaning or humiliating.
       2. Engage in sexually oriented conversations or discussions about sexual activities, post sexually oriented or morally inappropriate pictures, photos, or comments.
       3. Post photos of minors or details of ministry/program activities involving minors on any electronic media without the explicit, written permission of a parent or legal guardian.
       4. Engage in one-on-one video chatting or have one-on-one interaction in a chatroom.
       5. Initiate or accept a “friend” request (or similar social media “connection”) using a personal account.
       6. Giving gifts or loans to minors, the value or frequency of which could be open to misinterpretation.
       7. Showing affection in isolated areas such as bedrooms, closets, staff-only areas or other private rooms.

   4. These policies also apply to abuse or inappropriate conduct with a friar’s family members.

   5. Repeated boundary violations will be presented to the Review Board.

   6. The Province will intervene in situations where there is a real or potential risk of harm to an identifiable minor.

   7. Viewing child pornography is considered sexual abuse of a minor and a crime subject to prosecution.  Among the friars, because of our vow of poverty and fraternal life, there should be no expectation of total privacy regarding the use of personal computers.  Proper authority has the right to investigate inappropriate use of friars’ computers.  Possession, distribution, downloading and/or intentionally viewing real or virtual child pornography is violation of civil and canonical law.  Any member who engages in these behaviors will be compelled to have an individualized Safety Plan.

   8. The Province will continue to give special care to screening new candidates in an effort to identify potential problems.

   9. Those in initial formation will be assisted in developing a mature, integrated sexuality as a foundation for celibate chastity.

   10. Friars are prohibited from having minors (including blood relatives) stay in the friary unless the minor is accompanied at all times by a parent or legal guardian.  Request for exceptions should be submitted to and approved by the Provincial Minister.

For the purposes of this policy, the following definitions will apply:

An allegation with the “semblance of truth” is one that is not manifestly false or frivolous; it is theoretically possible, e.g., the friar was in the location at the time indicated in the allegation.

An allegation of abuse is deemed to be substantiated if the accused friar has admitted the abuse, there has been an adjudication in a criminal or civil proceeding that the accused friar committed the abuse, or action against the accused friar has been taken as a result of an internal/administrative investigation.

At times it may be impossible to substantiate an allegation, i.e., the accused friar is deceased or even not specifically identified; the person bringing the accusation may have a very vague memory with sparse information; or no witnesses may be available since much time has elapsed. The allegation will still be treated seriously and investigated responsibly.

1. A Safety Plan will be developed for each friar about whom a substantiated allegation of sexual abuse has been made.
2. This plan is designed:
   1. To assure the Church and the public that reasonable measures are being taken to prevent any future abuse of a minor.
   2. To provide a structure within which the friar may continue his life in the Order.
   3. To provide for the care of the friar and the opportunity for personal conversion and rehabilitation as may be needed.
   4. To encourage local communities to welcome and support the friar in his desire to continue his life as a friar.
   5. To assure all the friars of the Province that there will be proper care and appropriate limits for friars with substantiated allegations
3. The following elements will be adopted depending on the severity of the abuse, notoriety of the situation, age and health of the friar and recommendations of the Review Board for each friar under supervision.
   1. Treatment, progress reports:
      1. A friar may be asked but not required to submit to a professional evaluation of his psychological condition and proclivity to harmful behavior in the future.  A friar is free to refuse such evaluation; however, an evaluation may aid in his rehabilitation if the allegation is substantiated.
      2. Subsequent to such evaluation, the friar may be asked to participate in treatment recommended by evaluating professionals.
      3. The friar may be required to formally report to the Provincial Minister or his delegate describing his progress in terms of work, therapy, spiritual direction, community life and other appropriate issues.
      4. Information from evaluation and treatment reports are the property of the evaluating agency and may be released only with permission of the friar, who may be asked to make these available to the Provincial Minister.
      5. A friar must give permission before the Provincial Minister may share the results of psychological testing with the Review Board.
      6. Any information about a friar who has undergone evaluation or treatment shall be kept confidential by those receiving it except as required by law to be reported.
   2. Public ministry
      1. An ordained friar found to have abused a minor or vulnerable person will not be allowed to function publicly or identify himself as a priest or deacon according to the Essential Norms promulgated by the American Bishops which received formal recognitio from Rome.  This forbids any public celebration of any sacrament as well as using the title “Father” or “Reverend” and wearing clerical attire.
      2. A lay friar may not function publicly in ministry associated with the Order such as teaching, coaching, parish staff work or using the title of “Brother.”
      3. Our habit is not clerical attire, but it should be worn by a restricted friar only in the friary or in friar gatherings.
   3. Appropriate Work
      1. If he is able, the friar who has been removed from public ministry should do appropriate work to support the community or in the service of people in need.  This might include internal and carefully supervised work in a Province community such as a place of retirement, clerical/administrative work for the Province, service to people in need, etc., as long as there is no possibility of unsupervised contact with minors.
      2. Where appropriate, a friar removed from public ministry may need vocational assessment and/or occupational counseling to determine meaningful and useful work.  The Provincial Minister should consult with the friar to determine his interests and capacities and to help him take the initiative in developing work opportunities where that is appropriate.
      3. In all cases, a ministry of prayer for the Order and the Church and those abused is a valuable contribution.
   4. Residence
      A restricted friar would be allowed to live only in an appropriate supervised place of residence as determined by the Provincial Minister.  He would never live alone in a separate apartment or private home.
   5. Community support and community roles
      1. A local community should welcome a restricted friar as a brother in community.
      2. It will be usual and appropriate for a supervisor to be appointed for the friar who would assist and support him in his efforts to maintain his program of care and treatment and to observe the stipulations of his individual safety plan.
      3. A restricted friar who is a priest may celebrate Eucharist only within the community with only friars present. He may lead community prayer, and hear the confessions of other friars.
      4. With the recommendation of the Provincial Minister, the Local Minister shall inform the members of the local community about a particular friar being restricted and the appropriate terms of his Safety Plan so that the community may assist him in achieving its goals.
      5. Communities may need the advice and consultation of appropriate professional persons to assist the community to receive a restricted friar and to provide him necessary care and support.
   6. Contact with minors
      A friar with a substantiated allegation of abuse of a minor may have no unsupervised contact with minors including, in some cases, with family members.  This restriction includes such things as meals in restaurants, going to the movies, riding in automobiles, and private conferences in parish or community offices or community rooms.  The friar may never be in solitary places alone with a minor.
   7. Travel, vacation, retreat
      1. A restricted friar may not vacation alone or vacation with minors, even supervised.  The Provincial Minister may make an exception for supervised vacations with minors who are family members, provided adult family members who are aware of the restrictions on the friar are present.  Other arrangements are made with the specific permission of the Provincial Minister.
      2. Solitary retreats where the restricted friar would be completely alone are not permitted, unless approved by the Provincial Minister.  Retreats may be made only in retreat facilities where minors would not be present or in a local community of the Order, or another place approved by the Provincial Minister.
      3. Travel may need to be restricted to that related to work or family visits. If appropriate, a friar companion may be required for travel and even family visits.
      4. Additional specific permissions for travel for restricted friars may be required by the Provincial Minister.  Doubts about specific travel should be referred to the Provincial Minister by the Local Minister or the friar’s supervisor.
   8. Driving
      In some cases, restrictions may need to be placed on driving alone or having use of a personal vehicle.  Some restricted friars may be required to request specific permission for use of a house car from the Local Minister, to keep a driving log or to only drive with other friars in the car.
   9. Publications and publicity
      1. Restrictions on writing for publications, letters to the editor, Web pages, radio and television appearances may be imposed at the discretion of the Provincial Minister.
      2. Sensitivity to victims dictates caution with regard to not displaying photographs of a restricted friar in publications or institutions of the Order, especially those which serve minors.
      3. In some cases a friar’s use of mail, e-mail, social media, internet and/or telephone may need to be restricted.
   10. Information for friars and others
       1. The Provincial Minister, in consultation with the Review Board, will determine whether and/or how to inform the members of the Province in general terms about those who are restricted.  The Provincial Minister will inform the restricted friar of such notification.
       2. The Provincial Minister, in consultation with the Review Board, will determine whether and/or how others who may have a need to know will be informed in general terms that a particular friar is restricted.  The Provincial Minister will inform the restricted friar of such notification.