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Child Protection Policy

PREVENTION

Ideally no child will ever be abused by an adult. The provisions of this section are intended to help assure that ideal. Everyone in the Roger Bacon High School ("School") community has a part to play: faculty, staff, parents, volunteers, even youths themselves and adults who are not directly involved in work with children.

A. Education

Everyone needs to be aware of the causes and signs of child abuse, what steps to take to protect children and what procedures to follow if abuse is suspected or observed. Child abuse is defined in Appendix A.

School Faculty, Staff and Regular Volunteers

School faculty, staff and those lay persons employed or engaged as regular volunteers by the School have an obligation to be knowledgeable about these matters. Not only are they responsible for the well being of children on a day-to-day basis, but they are perceived by the community and children as special and trustworthy individuals. Some of the persons in this category have duties mandated by civil law with regard to child abuse, about which they must be aware.

A.1 All School faculty, staff and regular volunteers are to read this Policy and to be familiar with its contents, especially the obligations for reporting suspected child abuse to civil and School authorities and the consequences of failure to report (See Appendix A).

A.2 All School programs designed to certify faculty, staff and others who serve children on a regular basis, whether as employees or volunteers, are to include a segment dealing with child abuse, including this Policy. Those who develop and sponsor such programs are responsible for the implementation of this Policy.

A.3 Because Roger Bacon High School is dedicated to maintaining zero tolerance for abuse, it is imperative that every member of our community participates actively in the protection of minors.  In the event that employees or volunteers observe any suspicious or inappropriate behaviors, it is their personal responsibility to immediately report such observations.  Inappropriate behaviors or policy violations that relate to interactions with students should be reported to the principal.

Parents and Children

Parents have an obvious interest and responsibility in protecting their children from abuse. An understanding of the causes and effects of abuse will assist them in making sound decisions with regard to their children and in recognizing symptoms of abuse exhibited by their children. Children, too, can help to protect themselves by having a simple, practical appreciation of potential risks and appropriate responses.

A.3 The School's health and sexuality curricula will include an appropriate discussion of child abuse. Other School programs which teach about personal health and development or human sexuality will likewise include a discussion of this topic.

A.4Parents need to learn about the causes, forms and symptoms of child abuse.

B. Screening Child Workers

Persons who serve our youth as employees or regular volunteers are among the School's most valuable assets. They contribute so much to the spiritual, emotional, intellectual and physical well-being of young persons. Administrators must take due precautions in order to assure that only those persons who are psychologically and temperamentally suited are chosen to work with children.

B.1 Each applicant for employment in a position with regular, significant contact with School children must supply to the hiring agent personal information adequate to assess his or her suitability for contact with children. Each applicant must complete and sign the official Applicant's Certification.

B.2 Hiring agents are to speak with all references provided by applicants for employment and to examine and verify the employment history. They are also to submit all names of applicants to the Chancery of the Archdiocese of Cincinnati for a check of the register maintained by the Archdiocesan attorney. When the applicant is a member of a Catholic religious order or a Catholic Priest a reference should be sought from the proper canonical major superior. If circumstances warrant, the hiring agent is encouraged to further review.

B.3 The School will establish procedures for gathering the information and completing the reference checks mentioned above. All of this information is to be retained in a confidential file at the location of employment.

B.4 Those persons who recruit volunteers to work regularly with School children should exercise caution in selecting volunteers. Volunteers will complete an application form, and will submit to required background checks and interviews.  If there is any cause for concern in a particular case, the matter should be brought to the attention of the responsible supervisor for further review.

C. Contact with Children

Those persons dedicated to the care of children in the Church devote much attention to planning and executing activities which are beneficial to youth. They must at the same time be vigilant to guard against actual or potential situations which can inflict harm, or which even give rise to suspicions of potential abuse.

C.1 Except when civil law explicitly permits certain persons (e.g. licensed social workers) to counsel children without parental consent, a child may receive scheduled, individual instruction or counseling from an employee or regular volunteer only with the consent of the child's parent or guardian.

C.2 A child may participate in an organized program sponsored by the School only with the written consent of the child's parent or guardian. Such consent should provide for emergency care of the child, as warranted by the program or activity.

C.3 At least two adults must be present for any activity for children sponsored by the School, with the exception of the Sacrament of Penance and regular classroom and extra curricular activities conducted on the grounds of the School. Whenever possible, one of the adults should be a parent of a participant.

This policy must be adhered to strictly for any overnight activity. 

C.4 No child may be disciplined corporally or corrected with abusive language.

C.5 An employee or regular volunteer must obtain the consent of a child's parent or guardian before inviting or allowing the child to visit in the adult's home. In the event that the adult has little or no advance notice of the visit and another adult is present, this consent is not required.

C.6 No child may stay overnight with an employee or regular volunteer, unless in the company of his or her parent or guardian. (An exception can be made when the child is a close relative of the employee or volunteer, or a friend of a child of the employee or volunteer.)

C.7 Behavioral Expectations

1. Physical Contact with Minors: Roger Bacon High School has a physical contact policy that will promote a positive, nurturing environment while protecting our students from misunderstandings. Following an explicit code of permitted behavior also assists in protection against false allegations of sexual abuse. The following guidelines are to be carefully followed by all adults.

a. Appropriate Physical Contact: Appropriate affection between adults and minors is a positive part of a healthy relationship. The following forms of affection are regarded as appropriate examples of physical contact:

• Side hugs
• Shoulder to shoulder or "temple" hugs
• Pats on the head, shoulder, or back
• Handshakes
• "High-fives" and hand slapping
• Verbal praise
• Touching hands, shoulders and arms
• Holding hands during prayer or when a minor is upset

b. Prohibited Physical Contact: Some forms of physical affection have been used by adults to initiate inappropriate contact with minors. In order to maintain the safest possible environment for students, the following forms of physical contact are prohibited from use by all Roger Bacon High School employees and volunteers:

• Any form of unwanted affection
• Inappropriate or lengthy embraces, full frontal hugs, and/or "bear hugs"
• Kisses
• Lap-sitting
• Touching buttocks, chest, knees, thighs, or genital areas
• Placing hands in pockets
• Showing affection in isolated areas such as closets, adult-only or staff-only areas, or other private rooms
• Laying down, cuddling, or sleeping near a student
• Wrestling
• Tickling
• Piggyback rides
• Any type of massage

2. Emotional Boundaries: In addition to physical boundaries that must be set, emotional boundaries must be created too. Examples of emotional boundary violations include:

• Compliments that relate to physique or body development
• Meeting alone in off-site locations
• Calling or e-mailing a minor for purposes other than those directly related to academics or ministry
• Displaying and/or taking excessive photographs of a student
• Engaging in sexually oriented conversations not related to education or ministry

3. Behavioral Boundaries

a. Behavioral Boundary Violations: Behavioral boundary violations exist when an adult allows minors to act contrary to the rules of responsible adults, such as:

• Offering minors cigarettes or other smoking materials
• Allowing students to visit inappropriate websites
• Providing to and/or receiving from students gifts/money without their parents' permission
• Ridiculing beliefs held by a student's parents
• Asking a student to keep secrets from the student's parents

b. Transport of Students: In the event it becomes necessary for employees or volunteers to provide transport for students, the following guidelines should be strictly observed:

• Students should never be transported without written permission
• Students should be transported directly to their destination. No unauthorized stops should be made.
• Employees, administrators, and volunteers should avoid unnecessary physical contact with students while in the vehicle
• Employees, administrators, and volunteers should never transport students alone.

4. Prohibited Behaviors: In addition, employees, administrators, and volunteers are prohibited from the following:

• Using, possessing, or being under the influence of alcohol or any illegal drugs while working with students
• Using bad language, swearing, and cursing in the presence of a student
• Behaving rudely in the presence of a student
• Possessing any sexually oriented or morally inappropriate materials (magazines, cards, videos, films, clothing, etc.) in the presence of students.

C.8 The School President and other administrators are to assure that the policies of the School's athletic groups and the like provide for the implementation of the first four policies listed above, including the definition of responsibility for enforcement.

D. Preventive Intervention

Policies cannot in themselves always restrain an adult from abusing children. Thus, adults bear responsibility to assist one another in avoiding the abuse, and those at risk of abusing children must seek assistance to avoid behavior which may place a child at risk.

D.1 Any employee or regular volunteer who observes another employee or volunteer behaving in a manner which may pose a potential risk to a child is to report the matter in confidence to the President without delay.

D.2 The proper supervisor is to deal expeditiously with any situation of potential risk brought to his or her attention. If a serious potential risk is not resolved satisfactorily, the supervisor may take appropriate action, with due regard for this Policy, School personnel policies and due process.

D.3 A parent, guardian or any adult who observes an employee or volunteer behaving in a manner which may pose a potential risk to a child is advised to call the matter to the attention of that adult. This may involve calling attention to circumstances which are inappropriate, even though not in themselves abusive, or reminding the person of particular provisions of this Policy, or challenging the person when guilty of affronts to a child. Any adult should not hesitate in reporting concerns confidentially to the proper supervisor, when warranted.

E. Response

If cases of child abuse do occur, the School, under the leadership of the President, must respond expeditiously and with compassion and care to the victim and the victim's family, to the School, to the larger community and to the offender. The primary objectives of this response are personal and communal healing and the prevention of any further abuse by the offender.

An important element of the response is a Response Team, whose task is to formulate specific plans for individual cases. The existence of a Response Team is intended to assure a high degree of objectivity in determining an appropriate response.

Everything that follows in this section on Response requires action by specified persons or offices. Nevertheless, recognizing that the circumstances involved in each case of child abuse are unique, some flexibility in applying the policy is allowed to those responsible for implementing it, especially when incidents are reported many years after they occurred.

The principles provided in Appendix D of this Policy are to guide those managing the response.

In the event of an allegation of child abuse against the President or Principal, the Board of Trustees shall designate an individual to perform the duties of the President or Principal as provided in this Policy.

A. Initial Tasks

Section I below applies to all cases of actual or suspected child abuse, regardless of who the accused person is. Sections 2 through 5 also apply when the accused person is an employee or volunteer of the School.

1. Reporting to Civil Authorities

The Ohio Revised Code (Section 2151.421) requires that many individuals, acting in an official or professional capacity, report immediately any suspected or actual act of child abuse, perpetrated by any person, to the county children's services board or agency or a police officer; anyone else may report suspected or actual child abuse. All employees and volunteers of the School are to be familiar with Section 2151.421 (cf. Appendix B). Agents of the School who are obligated to report to the civil authorities will do so without delay (unless the information is learned through the Sacrament of Penance).

Section 2151.421 provides that anyone participating in good faith in making such a report shall be immune from civil or criminal liability. On the other hand, failure to report, when someone is required to do so, can result in a misdemeanor charge. The person making the report and other appropriate personnel in the School will cooperate with the civil authorities, while retaining the right to seek guidance and legal counsel from officials of the School.

2. Reporting and Investigating By School Authorities

a. Any employee or regular volunteer (except licensed counselors, psychologists or social workers when their knowledge is protected by legal privilege and priests when their knowledge is protected by the seal of Confession), whether obligated by state law to report to the civil authorities or not, who witnesses an act of child abuse perpetrated by an employee or volunteer or suspects that such an act has occurred or receives a report of such an act, must report the incident immediately to the President of the School. If the President is not available, the report is to be made to the Principal; if the Principal is not available, the report is to be made to the Dean of Discipline.

b. Any other person who believes that a child has been abused by an agent of the School is encouraged to report the incident to the President.

c. Allegations will be reported to the school's insurance carrier immediately.

d. If the reported incident has not already been reported to the civil authorities, the President, with the assistance of legal counsel, is to determine whether the incident requires reporting in accord with Ohio law. If so, the President will promptly report the incident to the appropriate civil authority and offer the full cooperation of the School.

The person who made the initial report will be notified by the President whether the incident has been reported to the civil authorities. The reporter, of course, retains the right to report the incident to the appropriate civil authority personally, if this has not already been done.

e. The President will notify the School's legal counsel, the insurance administrator, as well as any other officer of the School or responsible supervisor who has reason to be aware of the situation, about any incident which has been reported to the President. Should the incident involve a member of a Catholic religious order or a Catholic priest, the President will also notify the proper canonical major superior.

f. Whether or not the incident requires reporting to the civil authorities, the incident is to be investigated quickly by the President or his delegate. This investigation is to be coordinated with any civil investigation and is to include, whenever possible, interviews with the alleged victim, the victim's parents, the person making the initial report, the accused person and any other person who may have knowledge of the situation. (This investigation is not intended to uncover all other possible cases of abuse perpetrated by the accused person; that aspect of the investigation is left properly to the civil authorities.)

g. If the charges are substantiated (even if not proven conclusively), steps 4 and 5 below are to be implemented immediately. If it is concluded that the charges of child abuse are unsubstantiated, the original copy of the investigation report is to be placed in a confidential file of the President's office. All other copies are to be destroyed. The original copy is to be destroyed after ten years. Should the President learn later that the civil authorities have substantiated the charge or if new evidence is uncovered, then the case is to be reopened, and steps 4 and 5 below are to be implemented immediately.

h. A report of the investigation is to be written by the President and distributed to those persons the President determines should receive it.

3. Immediate Pastoral Response to Victim

Whenever abuse occurs, the victim and the victim's family experience shock and anger. It is essential that effective, immediate and compassionate care be provided to these individuals until the procedures outlined below are completed. The President will determine who is responsible for the nature and duration of this response. Care should be taken to consult with the civil agency or agencies which are investigating and responding to the reported incident.

4. Immediate Action Regarding Accused Person in Substantiated Case

a. The President will direct the accused person's supervisor to place the person on a leave of absence from any official duties, pending the final resolution of the matter. Regular salary and benefits are to be provided. The accused person's permanent status should be resolved as soon as possible, pending any legal proceedings and the long?term response plan of the Response Team.

b. Unless the case is already well-known, the Principal, when appropriate, will notify the School faculty and staff only that the accused person has taken a leave of absence for personal reasons and for an undetermined time. Care is to be taken to avoid defamation of the character of the accused person.

c. The accused person should seek his or her own legal counsel.

5. Formation of Response Team

a. From a list of qualified persons, maintained for this purpose by the President, the President will convene a Response Team comprised of one person from each of these categories:

1) licensed social worker with experience in child abuse

2) licensed psychologist or psychiatrist with experience in child abuse

3) the Principal

b. The Response Team is to meet within one week after the President completes the investigation described in step 2.f. above.

c. The Principal will serve as chairperson of the Response Team. The chairperson will serve as liaison to the President and as official spokesperson for the Team.

d. The Team will disband upon the completion of the tasks delineated in with the concurrence of the President.

B. On-going Tasks

1. Central Office Tasks

The Response Team and the President will bear the major responsibility for the School's response to incidents of child abuse, as outlined above and in. However, the School's central administration can provide valuable assistance to the response.

a. Media Relations

Too often cases of child abuse occasion sensational attention in the media, which can be harmful to victims, and the mission of the School and the local Church community. On the other hand, there is benefit to a forthright and honest presentation of the School's attempt to provide a suitable response to incidents of child abuse within the School. It is the task of the President to serve as official public spokesperson for the School, its personnel and the Response Team and to assist these people in responding to inquiries from the media. Thus, all media inquiries addressed to the personnel of the School and the Response Team are to be referred immediately to the President who is to consult with the School's legal counsel, and the Response Team, once it is formed, before making any public statements or advising others to do so. All responses and statements to the media will be guided by the principles which underlie this Policy (cf. Appendix D).

b. Legal Actions

When instances of child abuse lead to legal actions, the rightful claims of victims, the protection of the School and the legal rights of the accused person must be carefully balanced. All personnel of the School will cooperate with the civil authorities in their investigations, always notifying the President of these contacts. The President bears exclusive responsibility for managing the response of the School to claims and civil actions and for advising the personnel of the School, including the Response Team, in this regard, always with the assistance of the School's legal counsel. The President also bears the responsibility for advising the proper canonical Major Superior, if a member of a Catholic religious order or a Catholic priest is involved, in the event that canonical procedures are warranted. Normally, the School will not provide legal counsel for accused persons.

c. Records Retention

Once implementation of the Response Team's long?term response plan has begun, the President will keep a file under the name of the accused person. The file will include the President's investigation report, the short?term response plan, the long-term response plan and any other pertinent documents. After ten years, the file will be destroyed, with only a summary of the case being retained.

2. Local Tasks

It is the task of the President, Principal, faculty and staff to see that the provisions of this Policy with regard to the response to child abuse are implemented fully and carefully. It is also incumbent upon these persons and those who work with them to uphold the values enunciated in this Policy, to listen well and to provide concrete means for healing. They are to be especially attentive to the pastoral needs of victims and their families.

APPENDIX A

Definition of Child Abuse

Child abuse includes any of the following:

a.Engaging in sexual activity, as defined under Chapter 2907 of the Ohio Revised Code, with a child where such activity would constitute an offense under that Chapter;

b. Endangering a child as defined in Section 2919.22 of the Ohio Revised Code;

c. Denial to a child, as a means of punishment, of proper or necessary subsistence, education, medical care, or other care necessary to a child for a child's health;

d. Use of restraint procedures on a child that cause injury or pain;

e. Administration of prescription drugs or psychotropic medication to the child without the written approval and ongoing supervision of a licensed physician;

f. Providing alcoholic beverages or controlled substances to a child;

g. Commission of any act, other than by accidental means, that results in any injury or death to the child, or commission of any act by accidental means that results in any injury or death to the child and that is at variance with the history given of the injury or death, other than actions taken in self?defense or under similar justifiable circumstances.

h. Infliction by any individual of physical or mental injury that threatens to harm the child's health or welfare, other than actions taken in self?defense or under similar justifiable circumstances.

APPENDIX B

Ohio Revised Code

APPENDIX C

Applicant's Certification

This Certification must be signed by every applicant for employment with Roger Bacon High School which involves regular contact with children.

I hereby attest and certify that I have never been convicted of nor pled guilty to: child abuse in violation of Ohio Revised Code section 2919.24, endangering children in violation of 2907.04, gross sexual imposition in violation of section 2907.05, sexual imposition in violation of section 2907.06, importuning in violation of section 2907.07, voyeurism in violation of section 2907.08, public indecency in violation of 2907.09, any offense of violence, or any existing or former offense of any municipal corporation, this state, any other state or the United States that is substantially equivalent to any of the above offenses. (If you have been convicted of or pled guilty to any of the above offenses and wish to explain the circumstances thereof, please do so on a separate sheet.) I further certify that I have never been discharged from employment or a volunteer position because of any activity covered by the foregoing statutes.

I hereby authorize any present or former employer, person, firm, corporation, physician, or government agency to answer any and all questions and to release or provide any information within their knowledge or records, and I agree to hold any and all of them harmless and free of any liability for releasing any truthful information that is within their knowledge and records. I further authorize Roger Bacon High School to conduct a check of my police criminal records and agree that I will fully cooperate in providing all information and signing all documents necessary to conduct such a check.

I hereby attest and certify that the above information provided by me is true and correct to the best of my knowledge. I understand that misrepresentations or omissions may disqualify my application or result in my immediate dismissal if I am already employed.

___________________________
Date

_________________________________________
Applicant's Signature


_________________________________________
Witness

This Applicant's Certification is only one part of the application process. Applicants must also supply other personal information and references, as required in the Child Protection Policy.

APPENDIX D

Principles Behind Policy

The principles behind this policy include:

  1. Allegations of child abuse are to be taken seriously.
  2. Incidents of abuse are to be handled forthrightly, but with due regard for confidentiality and privacy, especially with regard to the victim.
  3. The School will cooperate with the civil authorities responsible for handling incidents of child abuse
  4. A victim should never be held responsible for the abuse.
  5. The paramount concern of the School is the well-being of the victim and the victim's family.
  6. An accused person has the right to due process, in civil law and canonically in the case of a Catholic religious or priest, in canon law.
  7. All persons directly or indirectly involved with incidents of child abuse are to act with honesty, charity and confidence in the Lord's power to forgive and to heal.

APPENDIX E

Response Team Tasks

1. Preliminary Plan of Action

a. At its initial meeting the Response Team is to review the President's investigation report, assess the nature of the case and agree upon a preliminary plan of action.

b. The preliminary plan of action will ordinarily involve making personal contact with the victim and victim's parents, and with the accused person.

c.This work of the Response Team will be coordinated with the efforts of the civil authorities through the President. The President will consult regularly with the School's legal counsel.

2. Short-Term Response

a. Within two weeks of its initial meeting the Response Team is to meet to review the information gathered during implementation of the preliminary plan of action and to develop a plan for a short-term response. The short-term response plan will include the following elements:

  1. the needs of the victim and victim's family (e.g. psychological evaluation, medical treatment, immediate demands upon the School or the accused person, continued contact with the Response Team);
  2. the needs of the School community;
  3. the needs of the civil authorities dealing with the case;
  4. the needs of the accused person.

b. The Response Team is to report its plan for a short-term response to the President, and the Team and President are to agree on its implementation, including the assignment of responsibilities.

c. The President will communicate responsibilities assigned in the plan to specific School personnel. Compliance by these persons is required. The Response Team will implement any responsibilities it has assigned to itself.

d. Members of the Response Team and the President are to confer regularly during the implementation of the short-term response plan, making adjustments to the plan as needed. The President will confer regularly with School personnel regarding their responsibilities under the plan.

3. Long-Term Response

a. As the short-term response plan reaches full implementation, the Response Team will meet to review the case and to develop a plan for a long-term response. The long-term response plan is to include the following elements:

  • the needs of the victim and victim's family;
  • the needs of the local School community;
  • the needs of the accused person (e.g. therapy, future role in school life, or public disclosure at any future assignments).

b. The Response Team is to report its plan for a long-term response to the President, and the Team and President are to agree on its implementation, including the assignment of responsibilities.

c. The President will communicate responsibilities assigned in the plan to specific School personnel. Compliance by those persons is required. The Response Team will implement any responsibilities it has assigned to itself.

d. The Response Team, the President and other appropriate persons will meet quarterly to monitor, evaluate and adjust implementation of the long-term response plan. They will meet until such time as the Response Team judges that such meetings are no longer important for effective implementation of the long-term response plan.

Related Issues

Clientele - The Response Team principally serves the School community in its attempt to provide a proper response to incidents of child abuse.

Legal Counsel - The Response Team may enlist the advice of the School's legal counsel as they pursue their tasks, after consulting with the President. This is also true of other professionals whose assistance the Response Team may need. Such attorneys or other professionals will be viewed as serving the School not the accused or the victim. Any fees required will be paid by the School.

Confidentiality - The proper response to an incident of child abuse will ordinarily involve the sharing of information among a number of people. Whenever the greater good is served - bearing in mind the priority of the victim's well-being - the members of the Response Team may function as a conduit of information among the various persons involved in the incident. As a rule, communication between the Response Team and the civil authorities, if any, will be handled by the President or the Team's own attorney. Otherwise the internal deliberations of the response Team are to remain confidential. The Response Team should determine, in consultation with the President, who should receive a copy of the short-term and long-term plans.

Reimbursement - The working hours of the Response Team members are reimbursable by the School according to standard rates for their respective professions. Out-of-pocket expenses are also reimbursable. Other expenses must receive prior approval from the President.

Psychological Services - In some cases the victim, members of the victim's family or the School community affected by an act of abuse may require the assistance of mental health or social service professionals. Typically the short-term response plan will provide for evaluative counseling, and the long-term response plan for any continuing assistance, as needed. When such assistance is called for in either the short-term response plan or in the long-term response plan, the School stands ready to assume any associated costs, as part of its healing ministry, if those costs are not covered by insurance available to the victim. Such assistance will be provided by a counselor, therapist, support group ect. The President will be responsible for the School's role in providing this assistance.

Disclosure - Honesty within the community and protection from legal liability may warrant public disclosure of incidents of child abuse in the immediate aftermath of an incident. Consideration of disclosure as part of the short-term or long-term response plan will include foremost the well-being of the School community involved and secondarily the wishes of the victim, the legal concerns of the School and the well-being of the offender. No recommendation to disclose may be made without consultation with the victim, the School's legal counsel and the offender. The final decision concerning confidential and public disclosure rests with the President.