Episcopal Diocese of Albany - Sexual Misconduct Policies and Procedures Manual

Business Office: 68 South Swan Street - Albany, NY 12210 - (518) 465-4737
Christ the King Spiritual Life Center: 575 Burton Road - Greenwich, NY 12834 - (518) 692-9550

Introduction | Policy Statements | Definitions | Procedures | Covenant For Sexual Responsibility

Please note: Although we are specifying "clergy", these procedures also apply to diocesan lay employees and diocesan volunteers. For employees and volunteers at the parish level, the rector (or priest-in-charge) would take the role of the Bishop as described herein.

Any person who believes he or she has been sexually abused, harassed, or exploited by a member of the clergy canonically resident or functioning in the Diocese of Albany, is entitled to a timely meeting with the Diocesan Bishop.
When information from a confidential background investigation, letter, telephone call, or personal conversation is received by the Diocesan Bishop regarding alleged sexual misconduct by a clergy person, the Bishop will begin a preliminary investigation into the matter.
The Bishop will contact the clergy person involved for a meeting to be held as soon as possible (normally within 48 hours). The clergy person will be told in clear terms the nature of the meeting.
The Bishop and one other diocesan representative will meet with the clergy person to question him or her and to receive further information about the allegation(s). Such meeting will be documented by the Bishop and/or diocesan representative.
After this meeting, the Bishop has several options:
a) If the Bishop decides no further action is needed, the complainant and the clergy person will both be notified in writing that the Bishop does not plan to take any further action, unless additional supporting information can be provided.
b) If the Bishop is undecided whether sexual misconduct took place after the preliminary investigation, the Bishop may continue the investigation using a variety of resources to determine the validity of the allegations. This shall include, when required by statute, rule or regulation, reporting to the appropriate public authority for action or investigation as it deems fit. If after further investigation the Bishop decides that sexual misconduct took place, the Bishop will decide what further actions as outlined in "c" are needed.

c) If the Bishop decides that sexual misconduct took place and corrective action is needed, the Bishop will then determine which of the following actions which are not mutually exclusive may be merited, which are cumulative and may be modified by the Bishop by addition or deletion as the investigation proceeds:

i) If a godly admonition or pastoral direction as described in the Canons of the Episcopal Church (Title IV) is appropriate;
ii) If inhibition of functioning as a clergy person is appropriate. During inhibition, further investigation of the alleged sexual misconduct will be done which may lead to suspension or deposition according to the Canons of the Episcopal Church (Title IV);

iii) What action, if any, must be taken pursuant to the New York State law;

iv) If the clergy person's behavior should be evaluated by a therapist specializing in assessment of clergy sexual misconduct;

v) What alternatives the clergy person could explore and pursue for appropriate treatment;

vi) What criteria would have to be fulfilled by the clergy person who had been inhibited or suspended before the possibility of restoration to ordained ministry could be pursued;

vii) When the Wardens and Vestry of the clergy person's congregation (or the equivalent) will be notified;

viii) Following the conclusion of the investigation, the complainant should be notified of what action was taken.

The Bishop may decide on any or all of the above actions or other actions that the circumstances indicate. The Bishop may consult with others regarding the Bishop's decision, but the ultimate authority to make such decision is vested solely in the Bishop.

The privacy and rights of the complainant and clergy person will be considered during all investigations and procedures. However, these interests must be balanced against the rights and interests of others.

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