Policies - Sisters of Mercy

PREAMBLE

All human beings are made in the image and likeness of God and thereby conferred with autonomy, human dignity, and worth. Being made in God’s image means that human beings are not objects, nor should they ever be used as means to the desires or ends of another. Nor should any person ever be exploited to attain the purpose or end of another’s actions, including sexually.[1] Because it objectifies human beings, sexual abuse violates the autonomy of a person and degrades the human dignity of both the victim and the perpetrator.

Sexual abuse violates the dignity and autonomy of those abused, such as minors and vulnerable persons who lack the ability to understand what is happening to them and protect themselves from it. Moreover, when a member of a religious congregation in a position of power or authority over another person uses that power to coerce another into sexual activity, because she has the power to reward or control another’s future prospects, sexual abuse is also heinous.

Sexual abuse by a vowed woman religious violates her religious vows. When a vowed woman religious, a novice or a candidate commits sexual abuse, she injures not only herself but also the credibility and trust of her Sisters and the Church, as she is a publicly identified minister of God and the Church.

The Institute of the Sisters of Mercy of the Americas (hereafter “the Institute”) acknowledges that the sexual abuse of a minor or a vulnerable person is a crime and a social evil. Prompt, thorough, and impartial investigations of allegations of sexual abuse, in cooperation with law enforcement authorities, are a matter of justice for the Institute. Mercy and compassion, the hallmark of the congregation, will be offered to those who have been victimized by the sexual abuse by a vowed member, novice, or candidate; and for victims and perpetrators, the Institute offers hope and opportunities for healing restoration of the human dignity accorded to every person who is made in the image and likeness of God.

The Institute is committed to responding to all allegations of sexual abuse toward minors or vulnerable persons, whether the alleged abuse occurred recently or in the distant past, and to protecting the rights of and providing pastoral support to all concerned. Further, to help its vowed members, novices, and candidates prevent and identify sexual abuse, or respond to allegations, the Institute commits to the education and training of its members and its employees, and to the careful screening of those seeking admission to the Institute as vowed members.

[1] “Dignity of the Person,” in New Dictionary of Catholic Social Thought, Dignity of the Person, Judith A. Dwyer, p. 724: 1994.

DEFINITIONS

Adult: Any person aged 18 years or older.

Allegation: A verbal or written statement that a vowed member, novice, or candidate has engaged in sexual misconduct.

Asymmetric Power Relationship: A dynamic in which an individual holds significantly more power, authority, or influence than the other, creating an imbalance that can affect decision-making, consent, and autonomy. This disparity may arise from differences in roles, such as religious, professional, or institutional authority, particularly in relationships with lay individuals, minors, vulnerable persons, or subordinates.

Complainant: An individual who reports or alleges being subjected to sexual abuse by a vowed member, novice, or candidate.

Established Allegation: An allegation is established when, based upon the facts and the circumstances, there is objective certainty that the accusation is true and that an incident of sexual abuse has occurred. This determination exceeds the civil standard of a preponderance of evidence (i.e., more likely to be true than not, based on 51% or more of the evidence). Instead, it adheres to the canonical standard of moral certitude, wherein the Institute President acknowledges that while the possibility of the allegation being false cannot be entirely excluded, it is deemed highly unlikely or so improbable that there is no substantive fear that the allegation is untrue.

Exploitation of Asymmetric Power and Authority: The misuse of religious, professional, or institutional authority by an individual to take sexual advantage of another. This exploitation occurs when individuals leverage their position of power to manipulate, coerce, or control the behavior or future prospects of another person, exploiting the inherent imbalance in the relationship.

Mandated Reporter: A person who, because of his or her profession, is legally required to report any suspicion of abuse or neglect to the relevant authorities.

Minor: Any person under 18 years of age.

Sexual Abuse: Sexual contact or behavior involving a minor or a vulnerable person (see “Vulnerable Person”) as defined as illegal by applicable state law. Examples include, but are not limited to, acts such as solicitation of sexual activity; exposing oneself with sexual intent; encouraging a minor or vulnerable person to expose themselves; physical contact with sexual intent; engaging in sexually explicit dialogue; providing pornography to a minor. It also includes the acquisition, production, exhibition, possession, or distribution, including by electronic means, of child pornography as it is defined by law.

Sexual Misconduct: Any inappropriate, exploitative, or unethical sexual behavior that violates the boundaries of a religious, professional, or institutional relationship.

Sister of Mercy Reporters of Abuse Allegations: Any vowed member, novice, or candidate who witnesses sexual abuse by another Sister of Mercy or learns about an alleged incident of sexual abuse by a Sister of Mercy against a minor, a vulnerable person, or an individual in an asymmetric power relationship, will immediately report it to the Institute President. If a vowed member, novice, or candidate becomes aware of an allegation of sexual abuse and is a mandated reporter under civil law, the Sister should also notify the appropriate civil authority.

Victim: A person who has experienced sexual abuse or harm by a Sister of Mercy.

Vowed Member, Novice, or Candidate of the Institute of the Sisters of Mercy of the Americas: A vowed member of the Sisters of Mercy of the Americas is any woman who has made temporary or perpetual vows as a Sister of Mercy of the Americas. A Sister of Mercy of the Americas novice or candidate is any woman whom the Institute Leadership Team has accepted into the new membership process as either a candidate or novice. This definition includes all women who are members of the Institute through the profession of temporary or perpetual vows, or through formal acceptance into the formation process as candidates or novices.

Vulnerable Person: Any person 18 years or older who lacks the physical or mental capacity to provide for her or his daily needs; is unable to protect her/his own rights, interests and/or vital concerns; requires protection from abuse, neglect, or exploitation by others because of these incapacities; and cannot seek help without assistance because of her or his physical or mental impairment or participation in an asymmetrical power relationship.

PURPOSES OF THIS SEXUAL ABUSE POLICY

The primary purpose of this policy is to promote the safety of minors and vulnerable persons who interact with vowed members, novices, or candidates of the Sisters of Mercy of the Americas. To this end, the Institute has developed the following policy and procedures with supporting roles and responsibilities:

To ensure that allegations of sexual abuse by vowed members, novices, and candidates of the Institute are investigated promptly, thoroughly, and impartially, and are responded to legally, canonically, and pastorally;
To ensure full cooperation with civil authorities responsible for investigating allegations of sexual abuse;
To comply with all applicable provisions and requirements of civil law and respond to all lawful inquiries;
To ensure that victims receive the pastoral and professional resources necessary to assist them in their recovery;
To ensure that any vowed member, novice, or candidate accused of sexual abuse is provided legal, canonical, pastoral, and psychological resources and is companioned throughout and beyond the investigation and legal process; and
To outline the roles and responsibilities of the Institute toward the complainant and the vowed member, novice, or candidate who is accused of sexual abuse of a minor or vulnerable person.

The Institute shall provide sufficient funding and staff to ensure the effective implementation of these policies and procedures. The Institute shall also cooperate with others to provide education and maintain safe environments for children and vulnerable persons.

LIMITATIONS OF THIS SEXUAL ABUSE POLICY

To address these purposes, this sexual abuse policy outlines the roles and responsibilities the Institute will follow if the Institute becomes aware of an allegation of sexual abuse by a vowed member, novice, or candidate of the congregation. Although neither canon law nor the Sisters of Mercy considers novices or candidates as members of the Sisters of Mercy of the Americas, this policy also applies to the actions of novices and candidates during the period when they are being considered for vowed membership in the Institute. Associates, Companions in Mercy, Mercy Volunteer Corps members, or employees of the Institute are not considered members of the Sisters of Mercy.

While the Institute recognizes its responsibility to prevent sexual abuse by its vowed members, novices, and candidates, it will also provide sexual abuse education and prevention training for its vowed members, novices, and candidates, as well as psychological screening practices and background checks for novices and candidates. [1] Those employed by the Institute, or who provide services for the Institute on a volunteer basis, are addressed in separate policies. Moreover, this policy does not address sexual misconduct more generally, for example, sexual harassment in the workplace, or the use of pornography. Typically, the source of such misconduct policies are located in employee handbooks at the ministries where Sisters serve. Nor does this policy cover allegations of physical abuse.

SEXUAL ABUSE POLICY

If a member of the Institute has been accused of sexual abuse, whether of a minor, a vulnerable person, or one having less power in a relationship of professional, congregational, or organizational trust or authority, then it is the policy of the Institute to ensure that all allegations are appropriately addressed. This includes reporting to law enforcement authorities when required or deemed necessary; conducting a prompt, thorough, and impartial investigation; and responding legally, canonically, and pastorally. In all cases, the Institute will advise and support the right of the victim or her or his guardians to make a report to civil authorities.

In making such responses, the Institute will comply with all applicable civil laws with respect to the reporting of allegations of sexual abuse of minors and vulnerable persons and shall cooperate in their investigation. Further, it is the policy of the Institute to afford due process to a vowed member with her own legal and canonical counsel.

During the investigation of sexual abuse, to the extent allowable by civil and canon law, the Institute will make every effort to protect the confidentiality of both the victim and the alleged perpetrator.

In cases where an individual has experienced sexual abuse by a vowed member, novice, or candidate, whether recently or in the past, it is the policy of the Institute to reach out to the victim to facilitate healing and reconciliation by offering counseling, spiritual assistance, support groups, and other social services agreed upon by the victim and the Institute.

For the vowed member with an established allegation of sexual abuse, the Institute will accompany the Sister throughout the legal process, comply with legal processes that affect her ministerial and residential future, and offer professional assistance for her own healing and well‐being, as well as for the purpose of prevention.

In cases where allegations of sexual abuse are not established, the Institute will take every measure within its power to restore the reputation of the vowed member and provide her with opportunities and resources for healing.

[1] See, for example, For the Love of Mercy (2024), Section 8 (“Supplement”), page 39 in the Institute’s guidelines for the incorporation of new members, and Section 2, page 73.

ROLES AND RESPONSIBILTIES

The Institute will establish the following positions or groups to ensure promptness, thoroughness, and legality in receiving and responding to allegations of sexual abuse by a Sister of Mercy, whether living or deceased.

In cases where there are legal proceedings

It is essential that all internal investigations be temporarily suspended when legal proceedings are anticipated or underway. The suspension applies to any ongoing inquiries, audits, or reviews related to the allegation which, or the accused whom, is the subject matter of the legal proceedings. The suspension must remain in effect until the legal proceedings are resolved, including any appeals or related matters. Once the legal proceedings conclude, investigations may resume as appropriate, and the matter may be brought forward to the Review Board at that time.

The Institute President

The Institute President is responsible for ensuring that each allegation against a vowed member, novice, or candidate is investigated impartially and thoroughly; responded to legally, canonically, and pastorally. The Institute President cooperatesand complieswith all applicable investigations and civil laws.

Upon notification of an allegation against a living vowed member, novice, or candidate, the Institute President, or her delegate, will inform the Sister that an allegation of sexual abuse has been made against her and, before explaining the allegation, will advise the Sister that the conversation regarding the allegation is not privileged, and tell the Sister of her right to seek canonical and civil counsel. The Institute President will inform the Sister that the Institute will fund legal counsel, provided that the Sister agrees to select counsel approved by the Institute.

If the Sister is currently engaged in active ministry, the Institute President will:

Remove the Sister, if serving in a ministry, from ministry until an investigation can substantiate the credibility of an allegation.
Take steps to remove the Sister from proximity to any potential residence or site where the opportunity for sexual abuse may occur.
Inform the Sister that she will be supervised in the company of a minor or vulnerable person.
Contact a canon lawyer to ensure that the Institute’s and Sister’s canonical rights are protected.
If appropriate, Inform the bishop where the Sister lives/ministers.
In cases where the vowed member, novice, or candidate has been removed and had been in contact with children or vulnerable persons, or worked or resided at a site where children or vulnerable persons were present, the Institute President will notify the appropriate directors or school personnel of the fact of the allegation.

Upon notification of an allegation by the Institute Sexual Abuse Assistance Minister, the Institute President will notify the Institute Sexual Abuse Review Board, thus initiating the process of reviewing the allegation, assessing its credibility, and advising on appropriate steps for investigation and reporting.

In cases where allegations of sexual abuse are not established, the Institute President will:

Inform the Sister and the Institute Leadership Team.
Offer pastoral and other assistance to the vowed member.
Upon advice from legal and canonical counsel, document the favorable results of the investigation and add them to the vowed member’s file.
Do all possible to restore the Sister’s good name.

In cases of a finding of an established allegation of sexual abuse, the Institute President will:

Inform the Sister and the Institute Leadership Team.
Remove the Sister permanently from any ministry, residence, activity, or any other settings that may lead to further sexual abuse, e.g., school settings, youth group environments.
Formulate and implement a safe environment plan.
If the victim desires it, work with the Institute Sexual Abuse Review Board and the Institute’s legal counsel to determine appropriate ways to facilitate healing and reconciliation between the Sister and the victim, including but not limited to pastoral and psychological counseling.
Approve an appropriate living and ministry situation for the Sister.
Urge the vowed member to voluntarily comply with an appropriate medical and psychological evaluation at a facility mutually acceptable to the Institute President and the Sister.
If recommended by canonical counsel, inform the local bishop.
Continue to provide pastoral and spiritual support for the vowed member.

Throughout these pastoral and legal processes, the Institute President will ensure that there are sufficient funding, staffing, and other resources available to ensure the effective implementation of these policies.

The Institute President will also ensure that the Institute Sexual Abuse Assistance Minister, Response Team, and the Review Board will undergo orientation and training from time to time, so the Minister, Response Team, and Review Board members will be familiar with these policies and their roles and responsibilities within them.

As necessary, the institute President will confer with the Institute Chief Operating Officer, who is accountable to the Institute President, to secure the administrative and legal supports that are needed to respond appropriately to matters relating to allegations of sexual abuse of a minor or vulnerable person throughout the process.

If the Institute President herself faces a credible accusation, the Institute Leadership Team Vice‐President will assume the responsibilities of the Institute President with respect to the implementation of the Institute Sexual Abuse Policy.

In cases where there are legal proceedings

The Institute President

If the Sister is currently engaged in active ministry, the Institute President will:

Remove the Sister, if serving in a ministry, from ministry until an investigation can substantiate the credibility of an allegation.
Take steps to remove the Sister from proximity to any potential residence or site where the opportunity for sexual abuse may occur.
Inform the Sister that she will be supervised in the company of a minor or vulnerable person.
Contact a canon lawyer to ensure that the Institute’s and Sister’s canonical rights are protected.
If appropriate, Inform the bishop where the Sister lives/ministers.
In cases where the vowed member, novice, or candidate has been removed and had been in contact with children or vulnerable persons, or worked or resided at a site where children or vulnerable persons were present, the Institute President will notify the appropriate directors or school personnel of the fact of the allegation.

In cases where allegations of sexual abuse are not established, the Institute President will:

Inform the Sister and the Institute Leadership Team.
Offer pastoral and other assistance to the vowed member.
Upon advice from legal and canonical counsel, document the favorable results of the investigation and add them to the vowed member’s file.
Do all possible to restore the Sister’s good name.

In cases of a finding of an established allegation of sexual abuse, the Institute President will:

Inform the Sister and the Institute Leadership Team.
Remove the Sister permanently from any ministry, residence, activity, or any other settings that may lead to further sexual abuse, e.g., school settings, youth group environments.
Formulate and implement a safe environment plan.
If the victim desires it, work with the Institute Sexual Abuse Review Board and the Institute’s legal counsel to determine appropriate ways to facilitate healing and reconciliation between the Sister and the victim, including but not limited to pastoral and psychological counseling.
Approve an appropriate living and ministry situation for the Sister.
Urge the vowed member to voluntarily comply with an appropriate medical and psychological evaluation at a facility mutually acceptable to the Institute President and the Sister.
If recommended by canonical counsel, inform the local bishop.
Continue to provide pastoral and spiritual support for the vowed member.

MAINTENANCE OF RECORDS

With the advice of legal counsel, the Institute President, Minister, Response Team, and Review Board will carefully document anything related to an allegation and place it in a confidential file accessible only to the Institute President, her designees, and others at the advice of legal counsel.

The Institute President will determine the accessibility to all documentation, whether paper or electronic, and will reiterate to the Institute Leadership Team and staff that nothing in existing files related to the allegation, whether in email, notes, or other forms of print, should be destroyed by anyone in the organization at any level, except as permitted under the Institute’s file retention policies and applicable legal or regulatory requirements.

The Sisters of Mercy will continue to make its policies and procedures related to sexual abuse public on its external website so that those affected can seek and receive assistance as the policies provide.

AVAILABILITY

REVIEW AND REVISION

The Institute Leadership Team, the Minister, and the Review Board will periodically review these policies and procedures, and make recommendations to the Institute President. The Institute President may amend these policies and procedures at any time upon the recommendation of the Review Board and with consultation from the Institute Leadership Team.

Approved by: Institute Leadership Team

First Policy Approved December 2019

First Amendment Approved January 29, 2025; Effective March 1, 2025

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