I. Preamble

 The conduct of Church leaders, both public and private, has the potential to inspire and motivate God's people, or to scandalize and devastate their faith.  These leaders must be aware of the responsibilities that accompany their work.  They also know that the goodness and grace of God and His Church support them in their ministry.

Clergy, religious, staff and volunteer personnel are leaders in the Church founded by Christ, who minister within our parishes and institutions.  As Church leaders they must always seek to uphold Christian values and conduct.  In addition to following the Gospel and its mandates, they will be expected to act properly at all times.  This Code of Ethics does not presume to provide the answers to all the ethical questions facing Church leaders.  It does seek to establish a set of general ethical principles for their lives and their ministry.  These principles will help to delineate boundaries by which ethical questions and practices can be evaluated.

 It is intended that this code also will stimulate discussion within the Church community in order to broaden consensus on standards of practice.

 This code is not intended to supersede canon or civil law.

 This Code may also aid in the training and education of new Church leaders.

 Lastly, it demands accountability from Church leaders who may fail to live within the ethical principles of this Code.

 It is anticipated that disregard of this Code by Church leaders will be dealt with by the appropriate employing / appointing organization's representative (e.g. the pastor/ Parish administrator, the religious superior, the Bishop).  Remedial action may take various forms from counseling to removal from ministry.

II. General Principles

Five key principles underlie the ethical stance of this Code.  The ethical Church leader is one who embraces the principles of ecclesial commitment, integrity, respect for others, health and formation, and competence.

Ecclesial Commitment

Church leaders are responsible for providing for and nurturing the life of the parish community.  They should know and respect the people to whom they have been given in ministry.  As appropriate to their ministry, they should celebrate the sacraments with decorum, in fidelity to the official rites of the Roman Catholic Church.  Church leaders should know and respect the policies and procedures of the Diocese.  They are to embrace the teachings of Jesus Christ and work to promote the Gospel, through an intimate knowledge of the scriptures, teachings and traditions of the Church and the ability to transmit them in day-to-day living situations encountered in the parish and community.

 Church leaders must show a commitment not only to the parish family, but also to the larger communities (ecclesial and civil) of which the parish is a part.

They must show a special care and concern for the needs of the poor and the oppressed of society.  Church leaders shall address community social concerns by active reflection on Catholic social teachings.

 Church leaders shall share the spirit of ecumenism in their interactions with other community religious groups.

Integrity

Leaders in a Church that sets a high moral standard for its members have a responsibility to lead by example.  Church leaders are expected to be persons of integrity and must conduct themselves in an honest and open manner, free from deception or corruption.  They shall handle the responsibilities of their office in a conscientious fashion.

Respect for Others

Church leaders shall respect the rights, dignity, and worth of each member of the Church community.  Church leaders respect each individual as a creation of God without regard to their economic status or degree of participation in parish life.

Church leaders strive to be sensitive to cultural differences among people and appreciate the opportunities that diversity brings.  Church leaders take the time to understand the collective journeys of their congregations and understand the role of history in parish development.

Church leaders are aware that issues of aging, gender, race, religion, sexual orientation, physical and mental disabilities, and language all affect how the message of the Gospel is received and interpreted.

Health and Formation

Church leaders are expected to attend to their own physical, mental, emotional, spiritual, and intellectual fitness.

Physical, Mental and Emotional:

Church leaders with the support of health care professionals have a duty to be attuned to their physical, mental, and emotional health.  They should be aware of warning signs in their behavior and moods that can indicate conditions that can be detrimental to their health.  Inappropriate use of alcohol or misuse of prescription drugs are examples.  Church leaders should immediately seek help when they identify warning signs in their professional or personal lives.

Church leaders should be supportive of one another, in terms of both affirmation and holding one another accountable for their physical and emotional health.

Church leaders should determine healthy limits in their work environment and live within these limits as much as possible.  They should make use of allotted time for vacation and days away from the work environment.

Spiritual

Church leaders have a duty to stay attuned to their own spiritual health.  Church leaders must maintain and nurture an ongoing prayer life.  Church leaders need to address their own spiritual needs in order to remain focused in the faith.  They should nurture in themselves the pastoral heart necessary to lead their people in word, worship, and service.  Regularly meeting with a spiritual director is highly recommended.  They should also take advantage of time provided for an annual retreat and days of reflection.

Intellectual

Church leaders have a responsibility to attend to their ongoing intellectual development.  Church leaders should participate annually in seminars and workshops in areas that are relevant to their current ministry.  Church leaders should stay current through reading of both religious and secular sources.  Church leaders should make use of the time and funding provided for ongoing formation.

Competence

Church leaders shall maintain high levels of professional competence in their particular ministry.  Fitness, formation, and experience all contribute to make them competent and credible in their areas of expertise.  Church leaders shall not attempt to provide services in those areas in which they lack competence; competence also means knowing one's limitations.

III. Ethical Standards In Professional Relationships

1. PROFESSIONAL BEHAVIOR AND ADMINISTRATION

Church leaders conduct themselves in a professional manner.  They exercise just treatment of parishioners, employees and volunteers in the day-to-day administrative operations of their ministries.  They will not tolerate harassment by other church members, employees, or volunteers.

1.1 Church leaders shall seek to relate to all people with respect, sensitivity, and reverence.  Meetings are to be conducted with patience and courtesy toward the views of others, in an environment where it is safe for others to offer constructive commentary.

1.2 Church leaders seek to empower others, supporting each person to live the life to which God calls them.  They are to seek to work in ways that respect the varied talents people bring to the Church.

1.3 Church leaders are committed to providing a professional work environment for their employees, which is totally free from discrimination.  This commitment continues the Diocesan policy of fair and equal employment in accordance with law.

1.4 Church leaders should provide a work environment that is free from intimidation and harassment.  Harassment encompasses a broad range of physical or verbal behavior, which can include, but is not limited to, the following:

1.5 Harassment can occur as a result of a single severe incident or a pattern of conduct, which results in the creation of a hostile, offensive, or intimidating work environment.

1.6 Church leaders are to ensure that no retaliation for bringing forward a claim of harassment will be tolerated.

1.7 Church leaders are to insure that there is a clear policy on reporting harassment for both employees and volunteers.

1.8 Church leaders exercise responsible stewardship of all parish resources.  They must also ensure that whatever their area of ministry, there is a clear accounting of all funds.

1.9 Church leaders ensure that systems are in place to protect both the Church and the individual from financial mismanagement.  Independent audits of financial operations are to be conducted in conformance with diocesan policy.

1.10 Personnel and other administrative decisions made by Church leaders should not only meet the requirements of civil and Canon Law, but should reflect Catholic social teachings.

1.11 All Church leaders who receive financial recompense for their ministerial service under stipulated contract terms or Diocesan scales may not receive dual reimbursement for work which falls ordinarily under the scope of their pastoral assignment or ministry (e.g. a pastor who teaches religious education may not receive both a pastor's salary and that of a director of religious education, etc.).

2. CONFIDENTIALITY

Information disclosed to a Church leader during professional contact shall be held in strictest confidence.

2.1 Parishioners and other persons who come to the Church leader should feel that they are entering a relationship marked by respect, trust, and confidentiality.  Other than the exception noted in section 2.6, this confidentiality is limited when there is clear and imminent danger to the person or to others.  In such cases, the Church leader must contact the necessary authorities or other professionals.  (NB. In cases of Child abuse there are no exceptions; aside from that listed in section 2.6, a report must be filed in conformance with Oklahoma law)

2.2 The Church leader is also bound to safeguard the confidentiality of any notes, files, or computer records pertaining to professional contact with individuals.
NB. In the use of computers for maintaining records, one should make sure that confidentiality can be protected.  Most records are discoverable in legal proceedings.  Computer hackers can pilfer many documents stored on computers.

2.5 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.

2.6 These obligations are independent of and supplementary to the confidentiality of the confessional.  Under no circumstances whatsoever can there be any disclosure, even indirect, of information received through the confessional.  Should a penitent communicate information that indicates child abuse or a clear and imminent danger to the person or to others (as indicated in section 2.1), it is the duty of the priest in the confessional to recommend that the penitent contact the necessary authorities or other professionals.  Although the priest cannot report, he should encourage others to report.

3. SEXUAL CONDUCT

Church leaders are faithful to the trust of the parish community.  They witness to the faithful commitments of their state in life.

3.1 Church leaders who have made a commitment to celibacy or who have made a marital commitment are called to fidelity to their promises, and to witness to this fidelity in all their relationships.  Unmarried Church leaders are expected to exercise chastity in keeping with their state in life.

3.3 Any sexual activity with persons who are not the spouse of the Church leader is in violation of this code.

3.3 It is the personal and professional obligation of the Church leader to be knowledgeable about what constitutes sexual exploitation of another and to be familiar with the laws of the State of Oklahoma regarding sexual exploitation, sexual abuse, and sexual assault.

3.5 Any allegations of sexual misconduct will be taken seriously and reported to the Vicar General of the Diocese.  Diocesan protocol and procedures will be followed to insure the rights of all involved and to facilitate justice for the aggrieved.

4. CONDUCT WITH MINORS

Church leaders working with minors should use appropriate judgment to insure trusting relationships marked by personal and professional integrity.

4.1 Church leaders should be knowledgeable of the State of Oklahoma Child Abuse regulations and know the proper reporting requirements. (See Appendix 1)  Church leaders also comply with all mandatory reporting requirements except if the information was received under the seal of the confessional.  In such cases, no reporting can occur.

4.2 Church leaders should know and understand Diocesan policies and procedures concerning allegations of sexual misconduct involving minors and the developmentally disabled.

4.3 Church leaders 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 ministry activities should be considered.  Church Leaders should avoid establishing any exclusive relationship with a minor and exercise due caution when they become aware of a minor desiring such a relationship.  Both the participants and members of the church community can misunderstand such relationships.

4.4 Physical contact with minors can be misconstrued by both minors and other adults, and should only occur under appropriate public circumstances.

4.5 Church leaders do not use or supply alcohol and when working with minors.

Oklahoma Statutes
Title 37. Intoxicating Liquors
Chapter 3
Oklahoma Alcoholic Beverage Control Act
Section 538 - Violations and Penalties.

F. Any person who shall knowingly sell, furnish or give alcoholic beverage to a person under twenty-one (21) years of age shall be guilty of a felony, and shall be fined not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars ($5,000.00), or imprisoned in the State Penitentiary for not more than five (5) years, or both such fine and imprisonment. The ABLE Commission shall revoke the license of any person convicted of a violation of this subsection.

G. Any person who shall knowingly sell, furnish or give alcoholic beverage to an insane, mentally deficient, or intoxicated person shall be guilty of a felony, and shall be fined not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned in the State Penitentiary for not more than one (1) year, or both such fine and imprisonment.

4.6 Church leaders do not use or supply any illegal drugs or other substances.

4.6 Church leaders do not provide any sexually explicit, inappropriate, or offensive material to minors.

4.7 Providing overnight accommodations in rectories or other personal residences for parish minors, or other minors with whom the Church leader may have contact other than a close familial relationship, is prohibited.

4.8 In order to witness to Catholic values and social teaching, Church leaders should strive to move beyond simply meeting the mandatory requirements.  Church leaders should also seriously consider their obligations to engage in compulsory or optional reporting, as described under Oklahoma law.

5. CONDUCT IN COUNSELING

Church leaders who conduct counseling for families, individuals, or groups, must respect the rights of all and advance the welfare of each person. 

5.1 Church leaders should not step beyond their competence in counseling situations.  (They shall refer clients to other professionals when appropriate.)

5.2 Church leaders who conduct counseling should hold themselves accountable in that activity.  This may be accomplished by engaging in professional peer consultation and/or supervision as appropriate.  They should keep a calendar of times and places of contacts, especially in the case of more frequent meetings with the same person.

5.3 In cases where the counselee is already in a counseling relationship with another professional, the Church leaders should make clear what they are able to provide to the counselee.  Generally, this should be confined to spiritual assistance.

5.4 Church leaders ordinarily do not begin a counseling relationship with someone with whom they have a preexisting relationship (i.e., employee, professional colleague, friend or other pre-existing relationship).

5.5 When a Church leader's independent judgment is impaired (for example, by prior or concurrent personal or professional relationships, where he or she becomes personally involved, or where he or she becomes an advocate for one person against another), the Church leader should advise the party/parties that he or she can no longer provide counseling and refer him/her/them to other counselors.

5.6 Church leaders who move to another parish while conducting counseling with parishioners should help make appropriate referrals for continued care.

5.7 Church leaders do not disclose information learned from counseling sessions.  In beginning what is clearly a counseling relationship, the Church leader should inform the counselee that confidentiality is limited when there is clear and imminent danger to the client or to others.  In such cases, the Church leader must contact the necessary authorities or other professionals.

5.8 When entering into a counseling or pastoral relationship with a minor, Church leaders instruct the minor from the outset regarding several exceptions to the ordinary rights to confidentiality: threats of self-inflicted harm to the minor and threats against others because of the minor'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 minor'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 minor.  The Church leader must exercise great care and judgment in determining the appropriateness of this kind of disclosure and in balancing the ultimate welfare of the minor being counseled with the duty to warn.

5.9 The Church leader is also bound to safeguard the confidentiality of any notes, files, or computer records pertaining to professional contact with individuals.

5.10 Knowledge that arises from professional contact may be used in teaching, writing, homilies, or other public presentations only when effective measures are taken to absolutely safeguard the identity and confidentiality of the disclosures.

5.11 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 Church leader.  If the other professional is not so bound, the disclosure should not be made.

5.12 When consultation is necessary, the leader must exercise great care to limit the content of the information to be shared.  The leader must first determine: what is the precise information that the Church leader needs to have shared; with whom is the information to be shared; and why does it need to be shared.

5.13 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 the Church leader 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.

5.14 If conducting group sessions, Church leaders must insure that no individual is subject to trauma or abuse resulting from group interactions.  The Church leader must state to group participants the nature of the group, and the parameters of confidentiality of all individual disclosures.

5.15 In keeping with Section 3.1, Church leaders do not engage in sexual intimacies with those whom they counsel nor with individuals with whom the counseled person has a close personal relationship.

5.16 Physical contact of any kind with the counselee can be misconstrued and should generally be avoided.

5.17 It should always be clear to both the Church leader and the counselee that a counseling relationship is in process.  This can best be done when the counseling, especially if extended, is conducted in an appropriate setting and at appropriate times.  Counseling should thus not be done in private living quarters or at places or times that would be ambiguous or misleading to the counselee.

5.18 Church leaders should be cognizant at all times of the significance of boundaries in all counseling relationships.  During the course of the counseling relationship, Church leaders ordinarily do not socialize with counselees.

5.19 See section 2.6 for clarification on the confidentiality of Confession.

6. RECORDS AND INFORMATION

Appropriate confidentiality shall be maintained in creating, storing, accessing, transferring and disposing of parish or institutional records.

6.1 Sacramental records shall be regarded as confidential.  When, for valid Church reporting or parish statistical purposes, information from these records is made public, great care must be taken to preserve the anonymity of individuals.  Individuals have the right to their personal records.

6.2 Except for information regarding adoption and legitimacy, sacramental records older than 70 years may be made accessible to the public.  A trained staff member who is authorized to locate the requested information or supervise the use of such records shall handle requests for more recent records.

6.3 Parish financial records are to be held as confidential unless an appropriate governmental agency or office requires review.  The Department for Diocesan Finance should be consulted regarding the release of financial records.

6.4 The records of individual contributions to the parish shall be regarded as private and therefore shall be used only as necessary.

7. CONFLICTS OF INTEREST

Church leaders should avoid putting themselves in a position that might present a conflict of interest, since the existence, or even the appearance, of a conflict of interest can call into question one's integrity and professional conduct.

7.1 The potential for a conflict of interest exists in many circumstances.  Examples of such behavior by a Church leader include: conducting private business or other dealings with the Church or any of its members; accepting substantial (non-token) gifts for services or favors; employing or engaging in transactions with his or her friends or relatives; acting with partiality toward employees or Church members; or violating a confidence of another for personal gain.

7.2 Disclosure of all relevant factors can in some circumstances lessen the potential for a conflict of interest.

8. REPORTING MISCONDUCT

Church leaders have a responsibility to report ethical misconduct on the part of other Church leaders.

8.1 In cases where there are clear indications of illegal actions by a Church leader, notification should be made immediately to the proper civil and Church authorities.

8.2 In cases where there are clear indicators of unethical, but not illegal actions by a Church leader, notification should be made to the proper Church authorities.

8.3 When Church leaders believe that one of their colleagues may have violated this Code of Ethical Standards, they should attempt to resolve the issue, if possible, by bringing it to the attention of the individual.  If this fails, the Church leader shall take further action by reporting to the supervisor or next higher authority, or by referral to the Vicar General of the diocese.

8.4 All accusations and concerns, either past or present, involving the sexual abuse of a minor and/or adult sexual exploitation, as defined by Oklahoma law, must be reported promptly to the Vicar General of the Diocese as well as those authorities prescribed by Oklahoma law.

8.5 When Church leaders are uncertain whether a particular situation or course of conduct would violate this Code of Ethical Standards, they should consult with peers knowledgeable about ethical issues and this Code, or the Vicar General of the Diocese, in order to determine the proper response.

Appendix 1

Oklahoma Statutes
Title 10. Children
Chapter 71
Oklahoma Child Abuse Reporting and Prevention Act
Section 7103 - Reporting Abuse, Neglect, or Birth of Chemically-Dependent Child.

A. 1. Every:

a. physician or surgeon, including doctors of medicine and dentistry, licensed osteopathic physicians, residents and interns, examining, attending or treating a child under the age of eighteen (18) years,

b. registered nurse examining, attending or treating such a child in the absence of a physician or surgeon,

c. teacher of any child under the age of eighteen (18) years, and

d. other person having reason to believe that a child under the age of eighteen (18) years is a victim of abuse or neglect, shall report the matter promptly to the Department of Human Services. Such reports may be made by telephone, in writing, personally or by any other method prescribed by the Department. Any report of abuse or neglect made pursuant to this section shall be made in good faith.

2. Every physician or surgeon, including doctors of medicine, licensed osteopathic physicians, residents and interns, or any other health care professional attending the birth of a child who tests positive for alcohol or a controlled dangerous substance shall promptly report the matter to the Department of Human Services.

3. No privilege or contract shall relieve any person from the requirement of reporting pursuant to this section.

4. The reporting obligations under this section are individual, and no employer, supervisor or administrator shall impede or inhibit the reporting obligations of any employee or other person. No employer, supervisor or administrator of any employee or other person required to provide information pursuant to this section shall discharge, or in any manner discriminate or retaliate against, the employee or other person who in good faith provides such child abuse reports or information, testifies, or is about to testify in any proceeding involving child abuse or neglect; provided, that the person did not perpetrate or inflict such abuse or neglect. Any employer, supervisor or administrator who discharges, discriminates or retaliates against the employee or other person shall be liable for damages, costs and attorney fees. Internal procedures to facilitate child abuse or neglect reporting and inform employers, supervisors and administrators of reported suspected child abuse or neglect may be established provided that they are not inconsistent with the provisions of this section and that such procedures shall not relieve the employee or such other person from the individual reporting obligations required by this section.

5. Every physician or surgeon making a report of abuse or neglect as required by this subsection or examining a child to determine the likelihood of abuse or neglect and every hospital or related institution in which the child was examined or treated shall provide copies of the results of the examination or copies of the examination on which the report was based and any other clinical notes, x-rays, photographs, and other previous or current records relevant to the case to law enforcement officers conducting a criminal investigation into the case and to employees of the Department of Human Services conducting an investigation of alleged abuse or neglect in the case.

B. If the report is not made in writing in the first instance, it shall be reduced to writing by the Department of Human Services, in accordance with rules promulgated by the Commission for Human Services, as soon as may be after it is initially made by telephone or otherwise and shall contain the following information:

1. The names and addresses of the child and the child's parents or other persons responsible for the child's health, safety or welfare;

2. The child's age;

3. The nature and extent of the abuse or neglect, including any evidence of previous injuries;

4. If the child has tested positive for alcohol or a controlled dangerous substance; and

5. Any other information that the maker of the report believes might be helpful in establishing the cause of the injuries and the identity of the person or persons responsible therefor if such information or any part thereof is known to the person making the report.

C. Any person who knowingly and willfully fails to promptly report any incident as provided in this section may be reported by the Department of Human Services to local law enforcement for criminal investigation and, upon conviction thereof, shall be guilty of a misdemeanor.

D. 1. Any person who knowingly and willfully makes a false report pursuant to the provisions of this section or a report that the person knows lacks factual foundation may be reported by the Department of Human Services to local law enforcement for criminal investigation and, upon conviction thereof, shall be guilty of a misdemeanor.

2. If a court determines that an accusation of child abuse or neglect made during a child custody proceeding is false and the person making the accusation knew it to be false at the time the accusation was made, the court may impose a fine, not to exceed Five Thousand Dollars ($5,000.00) and reasonable attorney fees incurred in recovering the sanctions, against the person making the accusation. The remedy provided by this paragraph is in addition to paragraph 1 of this subsection or to any other remedy provided by law.

E. 1. Nothing in this section shall be construed to mean a child is abused or neglected for the sole reason the parent, legal guardian or person having custody or control of a child, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child.

2. Nothing contained in this subsection shall prevent a court from immediately assuming custody of a child, pursuant to the Oklahoma Children's Code, and ordering whatever action may be necessary, including medical treatment, to protect the child's health or welfare.

F. Nothing contained in this section shall be construed to exempt or prohibit any person from reporting any suspected child abuse or neglect pursuant to subsection A of this section.

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Last updated April 26, 2006.