Policy

Sexual Misconduct and Physical Abuse and Neglect Policy

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Preamble. God made humans male and female in His image and likeness, and saw that it was good. Particularly in light of the free will God has granted, any good gift from God can be misused. Such corruption can result in layers of spiritual, physical, and psychological pain and suffering. The Gospel calls the Church to serve all of God's people, showing special care for those who are vulnerable, including children, the elderly, and those experiencing brokenness or loss. Mt. 18:6; 25:31-46. As a nonprofit religious entity, the Church preserves, and does not waive, its exemptions and protections under the law; however, it maintains its commitment to an environment free of harassment and abuse and will, therefore, work to ensure its activities are safe for all, consistent with Biblical principles and Church Canon Law. It is the intent of the Church that all Clergy, employees, and servants, read and familiarize themselves with the policies of the Archdiocese of Northern California and Western United States addressing misconduct, abuse and neglect, and this policy.

Prohibition. Sexual misconduct and physical abuse and neglect committed against any individual are contrary to Coptic Orthodox values. They are forbidden and a violation of this policy which is in conformance with the policies of the Archdiocese of Northern California and Western United States. They are always outside the scope of acceptable behavior of Clergy and other Workers. 1

 

Sexual misconduct includes: (a) any sexual conduct by Clergy and other Workers that involves sexual harassment, or any activity of a sexual nature contrary to Coptic Orthodox moral teachings or canon law;

(b) violence, threat, or abuse of authority by a deacon, priest, or bishop that forces someone (whether an adult or a minor) to perform or submit to a sexual act; or (c) the production, exhibition, possession, or distribution of a pornographic image of a minor or vulnerable person. Sexual harassment includes any unwelcome sexual advance, request for sexual favors and other visual, verbal or physical conduct of a sexual nature that are unwelcome and offensive. Sexual harassment does not refer to behavior or compliments of a socially acceptable nature. The Church also prohibits Clergy and other Workers from engaging in any child abuse or neglect or elderly abuse or neglect which includes more than sexual misconduct as defined by this policy.

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Screening. Each person applying or volunteering for appointment, employment, or a position in the Church, whether for a paid or unpaid position, shall submit to a background check as part of the application process. All Clergy and other Workers whose duties include ongoing supervised or unsupervised contact with minors (individuals under the age of 18) shall be subject to a criminal background check. Anyone found to have a history of inflicting sexual misconduct, physical abuse or neglect will be denied and prohibited from the appointment, employment, or position in the Church.

Reporting. Every member of Clergy or other Worker who believes someone (including themselves) is a victim of sexual misconduct, physical abuse, or neglect, or who reasonably suspects sexual misconduct, physical abuse, or neglect has occurred or will occur, may report such information to the Priest, Bishop, or Vicar within the Archdiocese. Any such reports should also be made to the Offices of the General Counsel for the Diocese (“GC Offices”) throughhttps://www.ncwusarch.org. No member of Clergy or other Worker of the Church shall discourage, dissuade, or otherwise attempt in any way to prevent such reporting. The Church shall promptly report every allegation of criminal conduct, including child abuse or neglect and elderly abuse or neglect to law enforcement as required by state law.

Any member of the Clergy or other Worker of the Church who has any doubt regarding his or her internal or external reporting obligations, including potentially privileged communications, should consult with the GC Offices either through the aforementioned web link or by calling (805) 897-4442.

False Reporting. It is a violation of this policy for any individual to knowingly or intentionally provide false information or make an allegation that is maliciously false. Such individuals will be reported to law enforcement and subject to criminal prosecution, civil liability, and spiritual discipline as recommended by the ranking Clergy.

Investigation and Action. Allegations of misconduct, physical abuse, or neglect are taken extremely seriously. All
allegations will be reported to the GC Offices for investigation and resolution. The GC Offices shall conduct a prompt and thorough investigation pursuant to policies set by the GC Offices and the Archdiocese, and report their findings to the ranking Clergy who will determine any appropriate action.

Confidentiality. The identities of victims and witnesses and the specific allegations against persons accused will be kept confidential to the extent permitted by law, and the disclosure of names, and other personally identifying information, shall only be disclosed to the leaders of the Church as necessary. Furthermore, all internal deliberations, investigative reports, and other documents shall be kept confidential, including by the GC Offices in accordance with its internal policies.

 

Prohibition of Retaliation. The Church explicitly prohibits any form of intimidation, threats, promises, coercion,
retaliation, or any other adverse action (direct or indirect, explicit or implied) (collectively, “Retaliation”) by any member of the Diocese, Clergy, or other Worker against an individual who makes an allegation of sexual misconduct, physical abuse or neglect. This prohibition of Retaliation also applies to any victim or anyone connected to a victim. Any form of Retaliation will result in disciplinary action against such person. Additionally, the same prohibition against Retaliation applies with respect to a member of the Clergy or others who, in good faith, reports suspected misconduct, bears witness, or assists in the investigation of such a report. Any person who suspects that Retaliation has taken place shall promptly report the same to Church officials or the Offices of General Counsel of the Diocese.

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1 “Clergy and other Workers” includes:
a. The Papal Exarch or presiding General Bishop;
b. Coptic Orthodox priests, archdeacons, and deacons, attached to or on assignment by or visiting the Diocese;
c. Celibates in the Coptic Orthodox Holy Orders (including monks, novices, nuns, and sisters in training) visiting or employed
by the Diocese or serving in a Parish;
d. Diocesan seminarians and diaconal candidates serving a Parish or the Diocese;
e. Servants/volunteers of the Diocese or any Parish, including without limitation, Sunday School teachers, youth leaders, lay
counselors; and,
f. Paid or unpaid Employees in the Diocese or any Parish.