Code of Conduct for Personnel
Diocese of Des Moines
I. Introduction
Personnel of the diocese uphold Christian values and conduct. They also know
that God’s goodness and graces support them in their work. In following the
Gospel, they are to act properly at all times. The conduct of personnel, both
public and private, has the potential to inspire and motivate people, or
scandalize and jeopardize their faith.
This Code of Conduct establishes a framework for ethical behavior for
personnel. Personnel must be aware of the responsibilities that accompany
their work. This code is also intended to stimulate discussion within the
Church community in order to broaden consensus on standards of practice and
further refine them. These standards cannot address all the ethical questions
which involve personnel; nor does it supersede canon or civil law. Current and
new employees are to receive training and education about this Code of
Conduct.
Responsibility
for adherence to this Code of Conduct rests with personnel themselves.
Disregard of these standards will be dealt with by the appropriate
authorities. Remedial action may take various forms from counseling to removal
from the position and/or termination of ministry/employment.
(*
For purposes of this Code of Conduct, “personnel” includes those listed in
Appendix A of this document.)
II. General Principles
The
following principles have guided the development of this Code of Conduct.
Integrity
Personnel
are persons of integrity and conduct themselves in an honest and open manner,
free from deception or corruption.
Respect for Others
Personnel
respect the rights, dignity and worth of each person, respecting each
individual as a creation of God. Personnel are sensitive to cultural
differences among people and appreciate the opportunities that diversity
brings.
Well Being
Personnel
attend to their own human, spiritual, intellectual, and pastoral well-being,
and support others in their developing well being.
Competence
Personnel
maintain high levels of professional competence in their particular work.
Training, education and experience all contribute to make them competent and
credible in their areas of expertise.
III. Standards for Conduct In
Professional Relationships
1. ADMINISTRATION
Personnel
exercise just treatment of others in day-to-day operations.
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1.1
Personnel relate to all people with respect, sensitivity and reverence.
Meetings/conversations are conducted with patience and courtesy respectful of
the views of others, in an environment where it is safe for others to offer
constructive criticism.
1.2
Personnel empower others, supporting each person to live the life to which God
calls them. They work in ways that respect the different talents people bring
to the Church.
1.3
Personnel exercise responsible stewardship of all resources. They ensure that
in their area of work, there is a clear accounting of all funds and materials.
Parish finances are to be managed in cooperation with the parish finance
council as required by canon law.
2. CONDUCT IN COUNSELING
Personnel
who conduct counseling for families, individuals, or groups, respect their
rights and advance the welfare of each person.
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2.1
Personnel do not exceed their competence in counseling situations. The
parameters are dictated by their training, certification, or licensure from
the state of Iowa.
2.2
If conducting group sessions, individuals are not subject to trauma or abuse
resulting from group interactions. Personnel must state to group participants
the nature of the group, and the parameters of confidentiality of all
individual disclosures.
2.3
Personnel do not disclose information learned from counseling sessions.
Personnel should inform the counselee that confidentiality is limited when
there is clear and imminent danger to the client or to others. In such cases,
personnel must contact the necessary authorities or other professionals.
2.4
In cases where the counselee is in a counseling relationship with another
professional, personnel should make clear what services they can provide to
the counselee.
2.5
Personnel who leave their position while conducting counseling should help
make appropriate referrals for continued care. When possible personnel should
provide those whom they are counseling thirty days written notice they are
leaving their position.
2.6
Personnel ordinarily do not begin a counseling relationship with someone with
whom they have a preexisting relationship (i.e., employee, professional
colleague).
2.7
Personnel are forbidden to engage in sexual conduct with those whom they
counsel.
2.8
Physical contact with the counselee should be avoided. In situations where
physical contact is initiated by a counselee, use sound discretion and
moderation.
2.9
It should always be clear to both the personnel and the counselee that a
counseling relationship is in process. This presumes that counseling is
conducted in an appropriate setting and at appropriate times. Counseling
should not be done in private living quarters or at places or times that would
be ambiguous or misleading to the counselee.
2.10
Personnel maintain appropriate boundaries in all counseling relationships.
During the course of the counseling relationship, personnel ordinarily do not
engage in socializing with counselees.
2.11
Personnel who conduct counseling should exercise personal accountability by
engaging in professional peer consultation and/or supervision as appropriate
and maintain a written record of all counseling sessions.
2.12
When personnel are unable to provide appropriate assistance, they should
advise the party/parties that he/she can no longer provide counseling and
refer the counselee to other counselors.
3. CONDUCT WITH MINORS
Personnel
working with minors should use appropriate judgment to ensure trusting
relationships marked by personal and professional integrity. There are times when one-on-one
involvement with minors is unavoidable. If it is necessary to depart from
these guidelines, adults should be aware of any departure and be able to
explain their actions as conforming to principles of Christian ministry.
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3.1
Personnel must be aware of their own vulnerability and that of any individual
minor with whom they may be working. In every instance possible, a team
approach to youth activities should be considered. Personnel should avoid
establishing any exclusive relationship with a minor and exercise due caution
when they become aware of a minor desiring such a relationship.
3.2
Avoid physical contact when alone with a minor. In situations where physical
contact is necessary and proper, use sound discretion and moderation. If a
minor initiates physical contact out of affection, an appropriate response is
proper if not prolonged.
3.3
Seek more than one responsible adult to be present at events involving minors,
such as games and athletic activities.
3.4
Personnel do not use or supply alcohol and/or illegal drugs when working with
minors.
3.5
Personnel do not provide any sexually explicit, inappropriate, or offensive
material to minors.
3.6
Other than a close familial relationship, church leaders should not provide
shared or private, overnight accommodations for individual young people
including, but not limited to, accommodations in any church-owned facility,
private residence, hotel room, or any other place where there is no other
adult supervision present.
3.7
Personnel should know and understand the Diocesan policy regarding sexual
abuse by clergy and Diocesan procedures contained in this code for reporting
misconduct involving minors.
4. SEXUAL CONDUCT
Personnel do
not exploit the trust of the community for sexual gain or intimacy.
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4.1
Personnel are not to exploit persons for sexual purposes.
4.2
It is the personal and professional obligation of personnel to be
knowledgeable about what constitutes sexual exploitation of another and to be
familiar with the laws of the State of Iowa regarding sexual exploitation,
sexual harassment, sexual abuse, and sexual assault.
4.3
Personnel who have made a commitment to celibacy are called to witness this in
all relationships. Likewise, those who are single or who have made a marital
commitment are called to witness to this fidelity in all their relationships.
4.4
Allegations of illegal misconduct will be reported to the authorities. Any
sexual exploitation of others is contrary to the policy of the diocese.
4.5
Personnel should be knowledgeable of and comply with the State of Iowa
mandatory reporting requirements, as well as the diocesan Code of Conduct and
policies on sexual abuse.
5. PROFESSIONAL BEHAVIOR
Personnel do
not engage in physical, psychological or verbal harassment of employees,
volunteers, or others and will not tolerate such harassment by other employees
or volunteers.
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5.1
Personnel are committed to providing a professional work environment for their
employees, which is totally free from such harassment. Personnel should strive
for a work environment that is free from intimidation and harassment based on
any of these factors.
5.2
Harassment encompasses a broad range of physical or verbal behavior, which can
include, but is not limited to, the following:
physical
or mental abuse;
racial
insults;
derogatory
ethnic slurs;
unwelcome
sexual advances or touching;
sexual
comments or sexual jokes;
requests
for sexual favors used as a condition of employment or affecting any personnel
decision such as hiring, promotion, or compensation;
treating
someone less favorably based upon their gender;
display
of offensive materials.
5.3
Harassment can occur as a result of a single incident or a pattern of conduct
which results in the creation of a hostile, offensive, or intimidating work
environment.
5.4
Personnel are to follow the established procedure for reporting of harassment,
and are to ensure that no retaliation for bringing forward a claim of
harassment will be tolerated. (cf Diocesan Board of Education regulation
471.1)
5.5
Personnel are to ensure that there is a clear policy on reporting harassment
for both employees and volunteers. (cf Diocesan Board of Education policy 471)
6. CONFIDENTIALITY
Information
disclosed to personnel during the course of counseling, advising, spiritual
direction and any other professional contact shall be held in strictest
confidence.
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6.1
Individuals who come to personnel should feel that they are entering a
relationship marked by respect, trust and confidentiality.
6.2
Personnel are bound to safeguard the confidentiality of any notes, files, or
computer records pertaining to professional contact with individuals.
6.3
If consultation with another professional becomes necessary, utmost care
should be taken to do so only by using non-identifying information; when this
is not possible, the other professional must be bound to the same degree of
confidentiality as the personnel. If the other professional is not so bound,
the disclosure should not be made.
6.4
When consultation is necessary, personnel must exercise great care to limit
the content of the information to be shared. Personnel must first determine:
what is the precise information that personnel needs to have shared; with whom
is the information to be shared; and why does it need to be shared.
6.5
Knowledge that arises from professional contact may be used in teaching,
writing and preaching or other public presentations only when effective
measures have been taken to absolutely safeguard individual identity and
confidentiality.
6.6
Except as provided above with respect to consultation, confidential
information can be disclosed only with the written, informed consent of the
individual. In legal proceedings in which personnel is a defendant and the
allegations stem from a professional contact, the disclosure of confidential
information gained in that contact is permitted only to the minimum necessary
to achieve the purpose of defense.
6.7
When entering into a counseling or pastoral relationship with an individual,
personnel instruct the individual from the outset regarding several exceptions
to the ordinary rights to confidentiality: threats of self-inflicted harm to
the individual and threats against others because of the individual’s
emotional status or behavior. Threats of self-harm may also include suicidal
ideation with a plan to commit the act and/or plans to commit violence against
another. In these situations, which pose a grave risk for the individual’s
welfare and the welfare of others, communication of information to a parent or
legal guardian and /or to the civil authorities should occur expeditiously
with or without the consent of the individual.
6.8
Under no circumstances whatsoever can there be any disclosure, even indirect,
of information received through the confessional.
7. REPORTING MISCONDUCT
Personnel
have a responsibility to report ethical misconduct on the part of other
personnel.
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7.1
In cases where there are indications of illegal actions by personnel,
notification should be made immediately to the proper civil and Church
authorities.
7.2
In cases where there are indicators of unethical, but not illegal actions by
personnel, notification should be made to the proper Church authorities.
7.3
All accusations and concerns, either past or present, involving the sexual
abuse of a minor and/or adult sexual exploitations, as defined by Iowa law,
must be reported promptly to the Vicar General or the Chancellor.
7.4
In cases relating to the sexual abuse of a minor by clergy, the Diocese of Des
Moines Policy Regarding Sexual Abuse of a Minor by a Member of the Clergy will
pertain. Other allegations of unethical misconduct will be investigated by the
diocese and restrictions/termination of ministry/employment may be imposed.
Diocesan protocol and procedures will be followed to insure the rights of all
involved and to facilitate justice for the aggrieved.
7.5
Where circumstances dictate, the reporting and investigation procedures set
forth under Iowa Administrative Code Section 281.102 should be followed. (cf
DBE policy 471 and regulation 471.1)
8.
ELECTRONIC COMMUNICATIONS
Information and technology resources are used to support the
pastoral, educational, instructional and administrative endeavors of church
leaders.
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8.1 Under no circumstances shall any postings, voicemail, e-mail or
Internet originating at diocesan or parish property be in violation of
teachings of the Catholic Church, the letter or spirit of the diocesan Equal
Employment Opportunity or Sexual Harassment policies or the restrictions
against 501c(3) tax exempt organizations. Communication tools should not be
used for personal gain, partisan political activity, for gambling, or to
solicit others for activities unrelated to diocesan business. Under no
circumstances can electronic communications be used to carry defamatory,
discriminatory or obscene material.
8.2 The intended transmission or reception of any material in
violation of any national, state or local regulation is prohibited. The
intended transmission or reception of materials such as pornography that
would violate the moral teaching of the Catholic Church or be scandalous to
the Church on diocesan or parish equipment is also prohibited.
8.3 The diocese respects the personal privacy of its personnel.
However, because communication tools are provided for business purposes,
personnel rights of privacy in this context are quite limited. There should
be no expectation that any information transmitted or stored on diocesan or
parish equipment is, or will remain, private. In the course of their duties,
system operators and managers may monitor employee use of the Internet or
review the contents of stored or transmitted data. E-mail should not be
considered a confidential means of correspondence. Illegal activities or
usage will be reported to law enforcement.
8.4 Violations of these procedures can result in responses ranging
from denial of future access to termination of ministry/employment.
Acknowledgment
The Diocese of Des Moines gratefully
acknowledges the valuable assistance provided by the Archdioceses of Dubuque
and Milwaukee, and the Dioceses of Davenport and Sioux City.
Appendix A
“Personnel” includes the following categories:
A.
All incardinated clerics.
B.
All priests and deacons who have the faculties of the Diocese of Des
Moines.
C.
All those non-ordained persons to whom participation in the exercise of
the pastoral care of the parish is entrusted according to Canon 517, Section
2, of the Code of Canon Law.
D.
All clerics or seminarians of other dioceses or religious communities
who are working for the diocese or diocesan entities.
E.
All religious working for the diocese or diocesan entities.
F.
All staff of St. Thomas More Center in Panora.
G.
All staff in the offices, parishes, Catholic schools, and religious
education programs of the diocese or diocesan entities.
H.
All volunteers in the offices, institutions, and programs listed in #F
and #G who have continuing contact with minors (e.g., an average of one hour
per week).
I.
Such other personnel as designated by the Bishop of Des Moines.
K.
All seminarians of the diocese.
Note: Catholic
corporate entities within the Diocese of Des Moines that are listed in The
Official Catholic Directory or the
Diocesan Directory that do not have the Bishop of Des Moines as their
President are not covered by this policy (e.g., Catholic colleges, hospitals,
religious communities).
Victim
Assistance Advocate
An allegation of sexual abuse of a minor by clergy can be made by contacting
the diocesan Victim Assistance Advocate. Allegations can also be made directly
to law enforcement or child protective agencies.
The Victim Assistance Advocate will assist throughout the process and will refer a victim to support and counseling services. To reach the advocate call 515-286-2031 or email advocate@dmdiocese.org.