PRESS RELEASE
The problem of sexual misconduct by clergy
has been much in the news in recent months, and has been shown
to have devastating consequences, not only for the individuals
involved, but for their communities as well. In order to make
clear the extreme seriousness with which the Greek Orthodox Archdiocese
of America regards this matter, and also to promote healing for
the victims of misconduct, the Holy Eparchial Synod of the Archdiocese
put into effect in the year 2000 a national policy on the investigation
and resolution of complaints of sexual misconduct by clergy.
At this time, the Holy Eparchial Synod of the Archdiocese would
like to reaffirm its position and provide the faithful with a
greater understanding of the existing policy.
The most recently updated version of this policy
includes a carefully planned procedure designed to ensure that
allegations of sexual misconduct by clergy are taken seriously,
investigated thoroughly, and adjudicated justly. Responsibility
for administering the process is assigned to the Chancellor of
the Archdiocese. The Archdiocese will also cooperate with applicable
civil authorities in investigating these issues, particularly
if the charge involves a minor.
To assist in the investigation process, a telephone
hotline - (877) 554-3382 - has been established to answer
questions regarding the policy and to accept complaints relating
to sexual misconduct by clergy. All calls with questions or complaints
will be taken seriously and allegations will be investigated fully
and impartially. Callers can ask to speak with a male or female
volunteer in either Greek or English. Calls may also be made
directly to the Archdiocesan Chancellor’s Office, (212) 570-3513.
Persons staffing the hotline are all lay volunteers
and come from a variety of backgrounds including psychology, social
work and human resources. Hotline staffers attempt to return
calls as quickly as possible, and generally within 48 hours.
The Church’s policy on misconduct was developed
by working groups that included hierarchs, clergy, lay leaders,
lawyers and clinical and academic experts. The chancellors of
the dioceses, who play an important role in all matters affecting
the clergy, were key participants. The group also reviewed policies
developed by other religious denominations.
The full text of the policy is available below.
Copies have also been mailed to each priest and parish council
within the Archdiocese. The telephone hotline will be ready to
receive calls beginning June 17, 2002.
GREEK ORTHODOX
ARCHDIOCESE OF AMERICA
Statement
of Policy Regarding Sexual Misconduct By Clergy
INTRODUCTION
The Greek Orthodox Archdiocese of America (the
“Archdiocese”) recognizes that Sexual Misconduct by Clergy can
have devastating consequences for a Victim and his or her family,
for the Church community at large, and for all individuals involved.
The Archdiocese therefore adopts this Statement of Policy Regarding
Sexual Misconduct By Clergy (the “Policy”).
The Archdiocese will not tolerate Sexual Misconduct
by Clergy. It shall:
-
Treat all allegations of Sexual Misconduct
seriously;
-
Educate Clergy and the Church community,
as appropriate, about the issue of Sexual Misconduct, and
shall set in place reasonable screening procedures and policies
relating to this subject for those training for the ordained
ministry; and
-
Cooperate fully with applicable civil authority,
subject to canon law and in accordance with the Church’s constitutionally
protected rights.
For purposes of this Policy, “Clergy” or “Clergyman”
means any person canonically ordained and serving the Archdiocese.
“Sexual Misconduct” means inappropriate or offensive sexual behavior
or conduct by a Clergyman.
I. GENERAL
Advisory Board
An advisory board (the “Advisory Board”) shall
be established to assist the Archdiocese with the implementation
of this Policy. The Advisory Board shall consist of: (a) at
least one bishop; (b) at least one (1) additional Clergyman; (c)
at least one (1) female; (d) at least one (1) licensed mental
health professional; and (e) at least one attorney. The members
of the Advisory Board shall be appointed by the Archbishop for
two (2) year renewable terms. The Archbishop shall also appoint
a Chair of the Advisory Board.
The Advisory Board shall be consultative in
nature and shall report to the Archbishop or his designee. (For
purposes of this Policy, “Archbishop” means the Archbishop of
the Greek Orthodox Archdiocese of America. The term “Archbishop”
also includes, if applicable, the duly and canonically designated
temporary head of the Archdiocese.) It shall be an independent
body and generally should not be involved in conducting specific
investigations under this Policy. Members of the Advisory Board
generally should not serve as Contact Persons. The Advisory Board
shall have the authority to periodically evaluate the effectiveness
of this Policy and to propose revisions as deemed appropriate
in the Advisory Board’s discretion.
The Advisory Board shall meet periodically
and may, as requested, provide recommendations concerning policy
matters such as: assistance for Victims, treatment for affected
Clergy, contact with parish communities, ongoing education for
Clergy and the Church community, and other issues involved in
dealing with Sexual Misconduct.
Telephone Line/Contact Persons
A toll-free telephone line and/or other mechanisms
shall be established to assist in answering questions regarding
this Policy and to provide additional means for complaints of
Sexual Misconduct to be communicated to the Archdiocese for investigation.
Telephone lines established under this Policy
will be staffed by designated non-clergy “Contact Persons” who
have agreed to (and are authorized by the Archdiocese to receive)
reports of Sexual Misconduct by Clergy. Specific workflows
and procedures regarding such telephone lines may be established,
from time to time, by the Advisory Board.
The list of Contact Persons shall include:
(a) at least one (1) male and one (1) female fluent in English;
and (b) at least one (1) male and one (1) female fluent in Greek.
Contact Persons will be asked to attend such training sessions
as the Archdiocese considers necessary and appropriate.
Contact Persons shall be selected by the Chancellor
of the Archdiocese (the “Chancellor), subject to the approval
of the Archbishop. Contact Persons may be removed by the Chancellor,
subject to the approval of the Archbishop. The Advisory Body may
make recommendations to the Chancellor concerning the appointment
and/or removal of Contact Persons. Contact Persons act on behalf
of the Archdiocese and are obligated to share information (received
by virtue of their service as Contact Persons) with the Archbishop,
Chancellor and bishop (or temporary bishop) of the applicable
Archdiocesan diocese (the “Bishop”) and their authorized representatives.
(However, that information need not be shared by a Contact Person
with any individual who is the alleged perpetrator of the Sexual
Misconduct at issue.) Contact Persons shall not be deemed to
function as counselors, advocates, attorneys or fiduciaries with
respect to any Complainant or Victim. (A “Complainant” means
any person who reports Sexual Misconduct to the Archdiocese.
The Complainant may or may not be the victim of any alleged Sexual
Misconduct (the “Victim”).)
II. PREVENTION/DISCLOSURE
The Archdiocese will not condone Sexual Misconduct
and is committed to preventing Sexual Misconduct. The Archdiocese
will implement an ongoing program to educate Clergy with respect
to issues of Sexual Misconduct. Additionally, the Church community
should be made aware of the Archdiocese’s concerns regarding Sexual
Misconduct and of the existence of this Policy, through means
deemed appropriate by the Chancellor or his designee. Appropriate
education, screening and evaluation shall be carried out by the
Archdiocese with respect to those training for the ordained ministry.
Except in unusual circumstances (as determined
in the discretion of the Chancellor), the disciplining of a Clergyman
for Sexual Misconduct should be disclosed to the parish of the
Clergyman and to the Church community in general. In instances
where the Clergyman is found to be innocent of Sexual Misconduct,
it may be within the discretion of the Clergyman to determine
whether a disclosure shall be made. Except in unusual circumstances
(as determined in the discretion of the Chancellor), disclosure
should not include the name of the Complainant or Victim unless
such individual(s) has/have consented to the disclosure or unless
his/her/their name(s) have become a matter of public record.
Retaliation against an individual for cooperating
in an investigation of alleged Sexual Misconduct shall not be
condoned by the Archdiocese.
Sexual Misconduct occurring within an Archdiocesan
workplace shall also be subject to any applicable laws and workplace
policies adopted by the Archdiocese.
III. PROCEDURE
Initial Contact
Any person who knows or suspects that any Clergy
may have been involved in Sexual Misconduct should inform the
Bishop, Chancellor or (via any toll-free telephone line or other
established processes) a Contact Person. Contact by the Complainant
may be made by mail, telephone, or in person. The Complainant
may choose to remain anonymous. In such case, the Complainant
should be made aware that his or her anonymity may impede or prevent
an investigation of the alleged Sexual Misconduct.
In cases of anonymous complaints, the Chancellor
shall generally conduct an initial inquiry (as may be appropriate
in his discretion) to determine whether or not any reasonable
basis exists for conducting an investigation as described below.
The Bishop, Chancellor or Contact Person should
inform the Complainant that the Archdiocese does not tolerate
Sexual Misconduct, make this Policy available and indicate that
care is available to the Complainant and/or Victim. The Complainant
should be informed that any allegations shall be viewed only as
allegations until the circumstances are thoroughly investigated,
but that all allegations of Sexual Misconduct are taken seriously
by the Archdiocese.
In cases where initial contact has been made
with a Contact Person or Bishop, such Contact Person or Bishop
should promptly notify the Chancellor, who will commence an investigation
(or, if the Complainant remains anonymous, an initial inquiry
to determine whether an investigation should take place.) Any
Contact Person involved should be informed of the final outcome
of any investigation. The Complainant and/or Victim should be
informed that a friend, a family member or other person may accompany
him/her to any proceedings. However, except as may be determined
necessary and appropriate by the Chancellor, the Contact Person
generally shall not be present at any meetings.
The Chancellor (or, if applicable, the Bishop
or Contact Person) should ask the Complainant and/or Victim whether
he/she is in need of pastoral or other professional care. If
so requested, the Archdiocese shall generally seek to assist the
Complainant and/or Victim in locating appropriate pastoral or
other care. No Clergyman involved in the processing of the complaint
should be asked to provide such care.
In certain circumstances (e.g., if the Victim
is a child), the Chancellor may be legally required to report
information regarding alleged Sexual Misconduct to applicable
civil authorities. The Chancellor or, if applicable, the Contact
Person should notify the Complainant that such reporting may occur.
Investigation
Once a complaint is received in accordance
with this Policy, the Chancellor shall conduct an investigation,
taking into account the report of the Complainant, any records
involving the Clergyman and such information as might be provided
by anyone who, in his discretion, the Chancellor chooses to question.
The Chancellor shall inform the Bishop of the investigation, as
soon as possible, and shall continue to consult with the Bishop
throughout the entire investigation.
The Chancellor shall, in conducting his investigation,
consult with such licensed mental health professionals as he may
deem necessary and appropriate under the circumstances. Individuals
contacted should be asked to keep the inquiry in strictest confidence.
(The investigative process will be confidential to the extent
consistent with an effective investigation, subject to the requirements
of the Archdiocese and any applicable laws.) Notwithstanding
the obligations of the Chancellor as described below, all or a
portion of the investigation may be conducted by the Chancellor’s
designated representative, subject to the oversight of the Chancellor.
The Chancellor or his designated representative
should meet by telephone or in person with the Victim and/or Complainant
as soon as reasonably possible after the Archdiocese first receives
the complaint. The Complainant and/or Victim should be asked
to prepare a written summary of the information available and
to furnish it to the Chancellor. In the event they are reluctant
to do so, the Chancellor or his designated representative may
prepare a written report of the allegations, which the Complainant
and/or Victim may be asked to sign. The report subsequently may
be supplemented with the findings of additional investigations
or with additional reports, as may be necessary or appropriate
under the circumstances of the allegation of Sexual Misconduct.
On the basis of the information obtained in this manner and any
other information available, the Chancellor shall determine whether
there is a reasonable basis for conducting further investigation.
However, the Complainant's refusal to sign the complaint shall
generally not be automatic grounds for closing an investigation.
If the Chancellor determines that further investigation
is warranted, the Chancellor or his designee shall conduct such
further investigation. As part of that investigation, the Chancellor
or his designee may meet with the accused Clergyman and inform
him of the allegations. The Clergyman may be asked to comment
on the allegations of Sexual Misconduct. (The Clergyman may also
be asked to provide a written statement addressing the allegations.)
These statements of the Clergyman are not made in the context
of confession and, consequently, the Clergyman should be made
aware that any such statements made may be presented as evidence
in a subsequent Spiritual Court or court of law.
The Chancellor (or, if applicable, the Bishop)
should ask the accused Clergyman whether he is in need of pastoral
or other professional care. If so requested, the Archdiocese
shall generally seek to assist the Clergyman in locating appropriate
pastoral or other care. No Clergyman involved in the processing
of the complaint should be asked to provide such care.
The Archbishop, Bishop, and Chancellor and
their representatives shall have access to and the right to review
information contained in any complaint, investigation, statement,
hearing, writing, document or any other materials related in any
manner to an incident or allegation of Sexual Misconduct.
Hearing by
Spiritual Court
In the event that: (a) the Clergyman has admitted
to any of the allegations of Sexual Misconduct; (b) the Chancellor
believes, in his discretion, that the Clergyman poses a threat
of harm to the members of his parish and/or to the public in general;
and/or (c) the Chancellor believes, in his discretion and based
on his investigation, that there is any reasonable possibility
that Sexual Misconduct has occurred, a Spiritual Court shall be
convened in accordance with the Holy Traditions and canons of
the Church and the Archdiocesan Charter. The Chancellor shall
refer the matter to the Bishop, together with the Chancellor’s
recommendations regarding further action. However, in the event
that the Chancellor at any time believes, based on his investigation,
that the immediate suspension of a priest is warranted, the Archbishop
may request the canonical release of the Clergyman in question
from the applicable diocesan Bishop.
When a Spiritual Court is convened, the Clergyman
should be invited to attend the hearing, which shall generally
be conducted in accordance with canon law, the Archdiocesan Charter
and Holy Tradition. In the event that the accused is a bishop,
the hearing shall be conducted by the Synod of Bishops of the
Archdiocese or by the Holy Synod of the Ecumenical Patriarchate,
as may be required under canon law. The Chancellor shall be responsible
for making a comprehensive presentation of the results of his
investigation to the Spiritual Court.
Ongoing Responsibility
It is recognized that the conclusion of a Spiritual
Court does not put to an end to the consequences for a Victim
and Clergyman and their respective families, for the individuals
involved and for the Church community at large. The Archdiocese
has a pastoral responsibility to help bring healing to the affected
individuals and parishes and to the general Church community.
IV. SCOPE
OF POLICY
Every report of Sexual Misconduct involves
unique people and unique circumstances. This Policy describes
the general approach that the Archdiocese should follow with respect
to reports of Sexual Misconduct. It may not be possible or appropriate
for the Archdiocese to follow this approach in every case. Nothing
in this Policy is in derogation of, or an abdication by the Archdiocese
of the Church's constitutionally protected freedom from governmental
interference. Pastoral care and leadership in the case of alleged
Sexual Misconduct (including, but not limited to, the decision
of which persons may or may not serve as Clergy) is an act of
ministry and, as such, is a constitutionally protected act. Nothing
herein is intended to diminish these freedoms in any respect or
to create any legal rights or responsibilities upon the Archdiocese
or any of its representatives.
The Archdiocese will attempt to assist the
Complainant, the Victim, the Victim's family, the affected Clergyman
and others, as may be appropriate, in accessing pastoral care.
However, the Archbishop, Bishop and/or Chancellor and their representatives
who are involved with the investigation shall not be deemed to
function as confessors, counselors, advocates, attorneys, or fiduciaries
to any of these individuals. The ultimate responsibility of the
Archbishop, Bishop and Chancellor and their representatives is
to the Archdiocese and not to any individual within the Archdiocese.
If a conflict arises between the Archdiocese’s interests and the
interests of any individual(s), the Archbishop, Bishop, Chancellor
and their representatives are obligated to act on the Archdiocese’s
behalf.
This Policy may be amended, from time to time.
Revisions to the Policy shall be communicated to the Church community
as described in this Policy.
REVISED: MAY 14, 2002
