St. Joan of Arc
Safety & Protection Guidelines
St. Joan of Arc is committed to fostering a supportive, nurturing environment. This document has been developed to communicate the general guidelines for providing a safe environment for individuals receiving and providing ministries. St. Joan of Arc expects all employees and volunteers to conduct themselves in a manner consistent with this policy.
What are Prohibited Behaviors?
Specific definitions of prohibited behaviors are shown in Appendix A and include the following areas:
| Child physical abuse | Child sexual abuse |
| Child neglect | Maltreatment of vulnerable adults |
| Sexual exploitation | Sexual harassment |
Who Should Report Allegations?
In order to take appropriate action to stop violations of the above mentioned prohibited behaviors, allegations must be reported.
St. Joan of Arc requires all staff members to report to the appropriate protection agency if they know or have reason to believe or reasonable cause to believe that a minor or vulnerable adult is or has recently been neglected, physically abused, or sexually abused. It should be noted that concerns must be reported with twenty-four (24) hours to civil authorities.
Furthermore, St. Joan of Arc requests volunteers to also report suspected instances of any of the prohibited behaviors.
Where Should Allegations Be Reported?
The telephone numbers of the child and adult protection agencies in the area are shown in Appendix B. This list is also posted in the St. Joan of Arc facilities including classrooms.
After reporting to the child and adult protection agencies, staff members and volunteers are asked to report instances of alleged prohibited behaviors to one of the follow staff members: the Pastor, the Parish Administrator, the Program Director, or the Archdiocese. Whenever an allegation is reported to a staff member, that staff member is responsible for completing an incident report. When the sexual abuse of a minor or vulnerable adult is involved, such a report should be made only if permitted by law and in cooperation with any civil investigation.
Who Will Conduct The Investigations?
Investigation by St. Joan of Arc will be made in cooperation with any investigation taking place as required by law. St. Joan of Arc is committed to completing investigations as quickly as reasonably possible.
What Steps Will Be Included In The Investigations?
The steps in investigations conducted by St. Joan of Arc will be determined on a case-by-case basis. Under most circumstances, the investigation will include interviews of the person bringing the allegation, the person being accused, and any witnesses. All parties should understand that although the information will only be shared with those needing to know, there is no assurance of confidentiality and the information may be used in court.
Depending on the situation, the Pastor may consider suspending the service of the volunteer or staff member while the investigation is conducted. Any suspension shall be done in accordance with parish employment policies.
Pastoral support shall be available to all parties, including the alleged violator, the alleged victim and the reporter of the alleged incident.
How Will Resolutions Be Handled?
The Pastor, along with those assisting in the investigation, shall move quickly toward a decision about whether the allegation is reliable. Unless circumstances require it, an investigation should last no more than sixty days.
When allegations are found reliable, the Pastor shall take the following disciplinary steps:
- In the case of staff members, any action which may be deemed reasonably necessary and appropriate to stop the prohibited behavior; such action may include, but is not limited to, verbal or written warnings, counseling, paid or unpaid suspensions, demotions, change of duty, and termination.
- In the case of volunteers, any action which may be deemed reasonably necessary and appropriate to stop the prohibited behavior; such action may include, but is not limited to, verbal or written warnings, counseling, reassignment, suspension and termination from St. Joan of Arc volunteers activities and assignments.
St. Joan of Arc reserves the right to discharge a staff member or end a volunteer’s assignment immediately and without prior warning for serious violations.
When the allegation is found not to be reliable, all parties shall be notified and appropriate steps may be taken to further assist the alleged victim, the reporter of the alleged incident, and the alleged violator.
If the complainant (s) or the accused believe that the resolution of the complaint is unsatisfactory he/she may ask that the Archdiocese review it.
Retaliation
Retaliation against a staff member or volunteer who makes a claim is prohibited.
Questions Regarding This Policy?
Any questions regarding this policy should be directed to the Pastor or the Parish Administrator.
Appendix A
Definitions of Prohibited Behaviors
Child Physical Abuse as defined by the Minnesota Statues section 626.556 Subd. 2(d) means any physical or mental injury or threatened injury inflicted on a child by a person responsible for the child’s care other than by accidental means or any physical or mental injury that cannot be reasonable explained by the child’s history of injuries, or any aversive and deprivation procedures that are not specifically authorized by Minnesota law.
Child Sexual Abuse means the subjection of a child, either by a person responsible for the child’s care, by a person who has a significant relationship with the child as defined by Minnesota Statute sec. 609.341, or by a person in a position of authority as defined by Minnesota Statue sec. 609.341, to any sexual act which is a violation of the Minnesota Criminal Sexual Code. Such acts include but are not limited to:
- Sexual intercourse
- Any act of aggression of inappropriate touching that includes a sexual act or which is done for a sexual purpose to or upon the person of another who does not consent or who, because of age or physical, emotional, mental or other incapacity, is incapable of informed and knowing consent to the act, and
- Threatened sexual abuse.
Child Neglect means failure by a parent, guardian, or other person responsible for a child’s care to supply a child with necessary food, clothing, shelter, or medical care when reasonably able to do so, or failure to protect a child from conditions or actions which imminently and seriously endanger the child’s physical or mental health when reasonably able to do so, and failure to take steps to ensure that a child is educated in accordance with state law. Neglect includes prenatal exposure to a controlled substance for a non-medical purpose.
Sexual Exploitation means any kind of sexual contact or request for non-permitted conduct between any staff member or volunteer and any person for whom he or she currently has direct pastoral responsibility and to whom he or she are not married.
Sexual Harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature.
- Such behavior is prohibited by this policy and the Minnesota Human Rights act when:
- Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of employment, public accommodations or public services, education or housing.
- Submission to or rejection of that conduct or communication by any individual is used as a factor in decisions affecting that individual’s employment, public accommodations or public services, education or housing; or
- That conduct or communication has the purpose or effect of substantially interfering with an individual’s employment, public accommodations or public services, education, or housing or creating an intimidating, hostile, or offensive employment, or housing environment; and in the case of employment, the employer knows or should know of the existence of the harassment and fails to take timely and appropriate action;
or
- Such behavior is also prohibited by the policy in the context of volunteer ministry.
Maltreatment of Vulnerable Adults means abuse or neglect, as defined below. A vulnerable adult is any person eighteen (18) years of age or older, who is a resident or inpatient of a facility; or who receives serves at or from a licensed facility (except treatment of outpatient chemical dependency or mental illness); or who receives services from a licensed home care provider, or who is unable or unlikely to report abuse or neglect without assistance because of mental or physical impairment or because of emotional status.
Abuse means:
- Any act which constitutes a violation of laws listed at Minnesota Statute sec 626.557, Subd 2 (i.e., assault, mistreatment, criminal sexual conduct, prostitution);
- Non-therapeutic conduct which produces or could reasonably be expected to produce pain or injury and is not accidental or any repeated conduct which produces or could reasonably be expected to produce mental or emotional distress;
- Any sexual contact between facility staff person and a resident or client of that facility;
- The illegal use of vulnerable adults’ person or property for another person’s profit or advantage or breach of a fiduciary relationship;
- Any aversive or deprivation procedures not authorized by statute.
Neglect means:
- Failure by a caretaker to supply a vulnerable adult with necessary food, clothing, shelter, health care or supervision;
- The absence or likelihood of absence of necessary food, clothing, shelter, health care or supervision for a vulnerable adult;
- The absence or likelihood of absence of necessary financial management to protect a vulnerable adult against abuse.
Printable Volunteer Reference Form
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