Diocese Lawsuit

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF
TENNESSEE, KNOXVILLE
JANE DOE, )
)
)
Plaintiff, )
)
v. )
)
DIOCESE OF KNOXVILLE, ) JURY TRIAL DEMANDED
)
and ) NO.: 3:22-cv-401
)
ANTONY DEVASSEY PUNNACKAL, )
)
and )
)
CARMELITES )
OF MARY IMMACULATE, )
)
Defendants. )
PLAINTIFF’S COMPLAINT
Defendant Father Antony Punnackal (“Defendant Punnackal”), a priest of the Defendant Diocese
of Knoxville (“Defendant Diocese”) and the Defendant Carmelites of Mary Immaculate (“CMI”),
sexually assaulted and battered Jane Doe (“Plaintiff”), as part of his unsuccessful attempt to engage
Plaintiff in commercial sex trafficking Plaintiff is an asylum-seeking, widowed mother of three children
who sought grief counseling after the murder of her child’s father. Defendant Punnackal committed the
sexual assault and battery at a grief counseling meeting mere days after the murder occurred.
Defendant Diocese compounded the harm that Defendant Punnackal inflicted. Rather than
cooperate with the investigation, Defendant Diocese obstructed law enforcement by (a) misleading police
and (b) attempting to have Plaintiff arrested or otherwise discredited, and by acquiring sensitive records
about the Plaintiff as part of a nearly-successful ploy to intimidate the Plaintiff into abandoning her
cooperation with the criminal prosecution of Punnackal. Despite the Defendant Diocese’s obstruction,
Defendant Punnackal was indicted in January of 2022 by a Sevier County, Tennessee grand jury on two
Case 3:22-cv-00401-TAV-DCP Document 1 Filed 11/10/22 Page 1 of 30 PageID #: 1

charges of sexually battery of Plaintiff1 in violation of Tennessee Code Annotated sections 39-13-
527(a)(2) and 39-13-505(a)(3).
Accordingly, by and through undersigned counsel, Plaintiff brings the following complaint
against the Defendants for the federal civil violations of attempted sex trafficking and obstruction of anti-
trafficking enforcement, and the related state claims of sexual battery, intentional and negligent infliction
of emotional distress, negligence, and negligent hiring, retention, and supervision.
Parties
1. Plaintiff is a resident of Sevier County, Tennessee. She was a parishioner of St. Mary’s Catholic
Church in Gatlinburg, Tennessee.
2. Plaintiff is a Honduran national and a practicing member of the Catholic faith. Fleeing violence in
Honduras, she immigrated to the United States in 2019, by legally entering as an asylum applicant at
United States official point of entry. As required by United States law, Plaintiff filed for asylum. She then
began to legally reside in Gatlinburg, Tennessee, as she awaited progress on her asylum application. The
federal government has granted her the legal right to work in the United States. Plaintiff has been twice
widowed in Honduras, and she remains the sole living parent for the children that she shared with her
deceased husbands. Plaintiff has a credible fear of murder if she is denied asylum and she is returned to
Honduras.
3. Plaintiff speaks Spanish and has very limited English proficiency.
4. Before Punnackal’s assault and battery, Plaintiff lived with and successfully cared for her three
children. Plaintiff already suffered from post-traumatic stress-disorder (PTSD) before her sexual assault
and battery. Plaintiff’s mental health was so heavily damaged by the Defendants’ conduct, that she
responsibly recognized that she needed assistance with their care. She voluntarily transferred custody of
1
Notably, Defendant Punnackal has continued access to additional vulnerable people as an active pastor for the
Defendant Diocese at St. Mary’s Church in Gatlinburg, Tennessee,

her children, on a temporary basis, to the government. She is in the process of recovering custody of her
children.
5. Father Antony Devassey Punnackal, (“Defendant Punnackal”) is an ordained priest of the
Defendant CMI and works for the Defendant Diocese of Knoxville. Defendant Punnackal was at the time
of the events alleged herein, the priest for St. Mary’s Catholic Church in Gatlinburg, Tennessee.
6. St. Mary’s Catholic Church is located at 304 Historic Nature Trail, Gatlinburg, Tennessee 37738,
and is part of the Diocese of Knoxville.
7. Defendant Punnackal does not speak Spanish.
8. The Diocese of Knoxville, (the “Defendant Diocese”) a corporation sole,2 is a religious
organization forming part of the Holy Roman Catholic Church and acts as the representative of his
Holiness Pope Francis, Bishop of Rome, Vicar of Christ, and Supreme Pontiff of the Universal Church, in
East Tennessee, including Sevier County. Upon information and belief, the Diocese's headquarters and
principal place of business are within the City of Knoxville at 805 S. Northshore Drive, Knoxville,
Tennessee
9. The Defendant Diocese includes all Diocese employees and contractors, as well as lay volunteers
exercising or influencing administrative oversight, policy creation, or executive decisions by the
Defendant Diocese’s clergy leadership.
10. The Defendant Diocese’s Diocesan Review Board reviews all of Defendant Diocese sexual
abuse allegations and reports. The review board and its members are agents of the Defendant Diocese.
The review board consists of attorneys, former law enforcement officers, and other professional persons
familiar with the criminal investigatory process and capable of protecting the Defendant Diocese’s
interests.
2
According to the IRS, a “‘corporation sole’ is a corporate form authorized under certain state laws to enable bona
fide religious leaders to hold property and conduct business for the benefit of the religious entity.” Rev. Rul. 2004-
27.

11. Bishop Richard F. Stika is the senior most ecclesiastical leader of the Diocese of Knoxville and is
responsible for directing all important policy and hiring decisions.
12. The Defendant Diocese can be served by serving Bishop Richard F. Stika, at 805 S. Northshore
Drive, Knoxville, Tennessee, or legal counsel.
13. Defendant CMI is an international religious organization founded in India. Its United States agent
is Fr. Sebastian Thekkedathu (Sr.), CMI (Superior), at 862 Manhattan Ave, Brooklyn, New York 11222.
14. At all times, Defendant Punnackal served as an ordained Catholic priest at St. Mary’s Catholic
Church, and a member of Defendant Diocese and the Defendant CMI and an employee of either the CMI,
the Defendant Diocese, or both.
15. At all times, Punnackal was an agent and employee of the Defendant Diocese acting in his
official capacity and in the scope of his employment.
16. At all times, Punnackal was an agent of the CMI acting in his official capacity and the scope of
his employment.
17. Plaintiff had a fiduciary relationship with Defendants such that Defendants had a duty to disclose
and not conceal material facts relating to the causes of action herein.
18. At all times, all Defendants acted intentionally, knowingly, recklessly, or negligently.
Jurisdiction and Venue
19. This Court has jurisdiction under 28 U.S.C. section 1332, section 1367, and section 1331.
20. Venue is proper pursuant to 28 U.S. Code § 1391.
Facts
21. Religious figures and members of the clergy occupy an honored position in their communities.
However, it is very common for sexual predators to join the clergy, as a means of obtaining a position of
trust and access to vulnerable victims that they then abuse for their prurient gratification. The sexual
abuse scandals plaguing major religious organizations are well-known and widely acknowledged. The
Defendant Diocese of Knoxville, like all Catholic dioceses, is keenly aware of its duty to prevent its
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priests from using their position of trust to exploit and abuse vulnerable community members. The
Defendant Diocese is supposed to have in place measures preventing and remediating any clergy sexual
abuses.
22. Defendant Punnackal was ordained as a Carmelite priest in Defendant CMI on or about
December 29, 1992, in India. He immigrated to the United States where he served the Diocese of
Amarillo at Immaculate Conception Catholic Church in the small town of Vega, Texas.
23. Moving a priest to a new diocese is typically a slow, planned process. Parishioners need advance
warning that their incumbent priest, a valued community member, will be leaving and time to make plans
to welcome his successor. A Diocese’s rapid transfer of a priest is an unusual occurrence, that suggest an
urgent need to remove a priest from the diocese.
24. The Official Catholic Directory publishes an annual listing of all Catholic priests. Because priest
transfers happen with plenty of advance warning, a priest is almost never double listed as serving in two
different dioceses. Such double listings only occur when transfer of the double-listed priests was
unexpected and rapid.
25. In 2010, Defendant Punnackal hastily left Texas, leaving so quickly and unexpectedly that the
official Catholic directory double listed him as working in both the Diocese of Amarillo and the Diocese
of Knoxville.
26. Defendant Punnackal began working at a Diocese of Knoxville church in Cleveland, Tennessee
and was later moved to a church in Crossville, Tennessee. However, when the Defendant Diocese finally
announced Defendant Punnackal’s arrival in its newsletter, it took the unusual step of not mentioning that
Punnackal already worked for the Diocese. It instead misstated that he came directly from Texas to
Crossville.
27. Defendant Punnackal had been personally hired by Bishop Stika.
28. In 2014, Defendant Punnackal left Crossville and transferred to St. Mary’s Church in Gatlinburg,
Tennessee.

29. St. Mary’s Church has a large community of undocumented or asylum-seeking Spanish-speaking
immigrants.
30. Noncitizens, such as undocumented immigrants and asylum seekers, particularly those lacking
English proficiency, are uniquely vulnerable to exploitation and abuse. They live in fear of being deported
or having their asylum claim denied should they have any contact with authorities.
Plaintiff seeks aid from Punnackal after the murder of her child’s father.
31. By January of 2020, Plaintiff was struggling to support her family and, like many immigrants,
having difficulty navigating the complexities of the United States’ labyrinthine asylum system. As a
Catholic, she turned to the church for support. It was through St. Mary’s Church in the Defendant Diocese
that she met her assailant, Defendant Punnackal.
32. Although his ability to communicate with Plaintiff was hampered by a language barrier,
Defendant Punnackal always met with Plaintiff privately. In this way, Defendant Punnackal began
grooming Plaintiff for his eventual sexual assault and battery. Communicating through translation
software on her mobile phone, she confided her problems in Defendant Punnackal.
33. Defendant Punnackal immediately began grooming Plaintiff, incrementally escalating physical
contact, as he accumulated information about her vulnerabilities in the form of unmet needs such as food,
immigration aid, and personal support. He deepened her dependence upon him by promising continued
support in the future from him and the Defendant Diocese. At their first meeting, he attempted to make
physical contact with Plaintiff’s body. Using funds provided by the Defendant Diocese, Defendant
Punnackal also gave Plaintiff gift cards to buy food for her children.
34. At their second meeting, Defendant Punnackal attempted to touch Plaintiff in a sexual manner.
Plaintiff rebuffed Defendant Punnackal advances. Punnackal then offered to give Plaintiff money for her
immigration case and to put her in touch with an immigration attorney. However, he required that she first
meet with him in person again.

35. When Plaintiff had fled to the United States, the father of her third child remained behind in
Honduras to complete his terms as a government employee serving in a dangerous role.
36. On February 13, 2020, he was killed in the line of duty.
37. Bereaved, socially isolated, and with no other source of social support, Plaintiff texted Defendant
Punnackal’s bilingual church assistant at St. Mary’s Church to setup a meeting with Defendant Punnackal
for grief counseling.
38. On or about February 17, 2020, Plaintiff arrived at the church for her meeting with Defendant
Punnackal. The bilingual assistant led her into a room where Defendant Punnackal was waiting for her.
39. Defendant Punnackal appeared absorbed by whatever he was viewing on his laptop when
Plaintiff and the bilingual assistant entered the room. Defendant furtively closed the laptop. Evidence
from his laptop would go on to play an important role in Defendant Punnackal’s future arrest and
indictment by local law enforcement.
40. The bilingual assistant knew that Plaintiff’s partner had been murdered. He also knew that
Punnackal does not speak Spanish and would thus be unable to fully communicate with Plaintiff.
Nonetheless, he left Plaintiff in the room with Defendant Punnackal and went so far as to shut the door
behind him. He knew or should have known that Plaintiff was incapable of direct verbal communication
with Defendant Punnackal. No explanation was provided to the plaintiff about why the person capable of
translating for Plaintiff abandoned her with Defendant Punnackal.
41. Defendant Punnackal locked the door to the room. Plaintiff’s reaction to seeing this?
42. Plaintiff attempted to show Punnackal the death memorial video of her slain partner, with his
uniformed body lying lifeless on a concrete sidewalk and a bullet hole through his left eye.
43. Defendant Punnackal ignored the video. He pointed to Plaintiff’s breasts, asking in pantomime
whether she had just given birth and had a baby.
44. Plaintiff had indeed been nursing her infant third child, the same child whose father had just been
murdered.

45. Without invitation or consent, Defendant Punnackal began fondling Plaintiff’s breasts and
buttocks.
46. Plaintiff tried to physically rebuff Defendant Punnackal, but he continued the sexual battery.
47. The locked doors prevented Plaintiff from leaving. She was intimidated into not leaving by
Defendant Punnackal’s status in the community, her fear that he might deny her further access to food for
her family, and the fear that he might be able to use legal process against her, such as disrupting her
asylum claim.
48. Defendant Punnackal eventually unlocked the doors and Plaintiff escaped.
49. The next day, Plaintiff told the pastor of a local church about Defendant Punnackal’s assault and
battery. Plaintiff was afraid to report the assault and battery to the police; she was a non-citizen Honduran
who could not speak English, while her assailant was a priest of the Catholic Church. She reasonably
believed that no one would believe her, or that Defendants would have her arrested or otherwise abuse the
legal process to ensure her silence. The pastor convinced Plaintiff to report the assault and battery,
explaining that the laws of the United States protect non-citizens and citizens alike.
50. Accompanied by the pastor, the Plaintiff reported the assault and battery to the Gatlinburg police.
The police quickly began an investigation and seized Defendant Punnackal’s computer for forensic
analysis.
The Defendant Diocese entirely ignored its own sexual assault policies in responding to Punnackal’s
sexual assault and battery of Plaintiff.
51. Upon learning of the assault and battery, the Defendant Diocese convened its Diocesan Review
Board.
52. The Defendant Diocese has an extensive policy covering its response to the sexual abuse of
children and vulnerable adults entitled “20.1 Policy and Procedures Relating to Sexual Misconduct for the
Diocese of Knoxville.” See Exhibit 2. Under its policy, the review board must interview both parties
when investigating an incident of sexual abuse.

53. The Defendant Diocese flouted this requirement, never contacting Plaintiff and only speaking to
Defendant Punnackal.
54. Even that specious query in lieu of a dutiful investigation yielded conclusive evidence of
Defendant Punnackal’s misconduct. On information and belief, Defendant Punnackal confessed to sexual
battery or sexual assault against the Plaintiff.
55. According to page eight of its sexual abuse policy, this admission should have triggered
Defendant Punnackal’s immediate suspension from his clerical position within the Diocese: “if there is
sufficient evidence to conclude that sexual abuse has occurred, the Bishop shall . . . withdraw the accused
from exercising the sacred ministry or from any ecclesiastical office or function . . . and prohibit public
participation in the Most Holy Eucharist.”
56. Despite his confession, the Defendant Diocese allowed and continues to allow Defendant
Punnackal to remain in his position as priest of St. Mary’s Catholic Church.
Punnackal’s sexual assault and battery inflicted devastating psychological damage on Plaintiff.
57. Rather than provide the emotional support and spiritual guidance Plaintiff sought to help her cope
with the murder of her child’s father, Punnackal betrayed Plaintiff’s trust through his sexual assault and
battery.
58. The Defendant Diocese disregarded Plaintiff’s true and correct allegations and took no corrective
action or responsibility for the sexual assault committed by the Defendant Diocese’s agent, Defendant
Punnackal.
59. Plaintiff did not initially speak publicly about Punnackal’s sexual assault. However, shortly after
Punnackal’s assault and battery, the local Latinx immigrant community was told that Plaintiff had falsely
accused Punnackal of sexual assault.
60. Outside of the police and Plaintiff’s immediate family, only the Defendant knew about
Punnackal’s sexual assault and battery of Plaintiff. On information and belief, the Defendant Diocese or

its agents first spread the rumor among its Latinx parishioners that Plaintiff had falsely accused Punnackal
of sexual assault.
61. Plaintiff was shunned and harassed. Men would make uninvited sexual advances, both at her
work and even coming to her home. People would come to her home late at night and disturb or destroy
decorations and furnishings outside of her front door.
62. On information and belief, when later confronted by parishioners about Defendant Punnackal’s
sexual assault and battery of Plaintiff, the Defendant Diocese would justify not removing him from his
position by disparaging Plaintiff as not credible.
63. By failing to remove Defendant Punnackal in light of Plaintiff’s report, Defendant Punnackal’s
confession, the ongoing local police investigation, and by telling the Latinx community that Plaintiff had
made false allegations against him, the Defendant Diocese subjected Plaintiff to abuse, humiliation, and
prevented her from seeking community support.
64. Due to the sexual assault and battery by Defendant Punnackal and community abuse that the
Defendant Diocese inflicted, Plaintiff began suffering from suicidal ideation and underwent psychological
treatment at Helen Ross McNabb where she remained for three days.
65. After the assault, Plaintiff has been hospitalized for mental health issues on multiple occasions,
including an eleven day stay at Peninsula Behavioral Health.
66. Plaintiff’s mental health has been so severely damaged as to require her to voluntarily give
custody of her children to the child protective services, further increasing her mental distress.
67. The mental damage inflicted by Defendant Punnackal’s sexual assault and battery and the
Defendant Diocese’s failure to protect her from this assault, remedy the damage inflicted by the assault,
and active concealment of Defendant Punnackal’s wrongdoing, left her incapable of dealing with the
normal demands of life.
68. Until January of 2022, Plaintiff was unaware of the capacity or need to file a civil action and had,
by dint of the mental and psychological damage inflicted by Defendants, previously been incapable of
filing such an action.
10

69. The Defendant Diocese’s decision to disregard Plaintiff, refuse to provide any supportive
services, take no action against Defendant Punnackal, inflicted independent and lasting mental and
psychological damage on Plaintiff.
70. Plaintiff’s distress was further exacerbated by Defendant Diocese and Defendant Punnackal’s
employment of a private investigator, described below, to intimidate Plaintiff into believing that her
asylum claim would be denied if she were to testify against Punnackal.
The Defendant Diocese attempts to interfere in law enforcement’s investigation and prosecution of
Punnackal’s sexual assault and battery.
71. Sometime around March of 2020, shortly after or during the Defendant Diocese’s internal
investigation, an attorney member of the Diocesan Review Board called the law enforcement officers
investigating Defendant Punnackal. The board member admitted that a sexual incident had occurred
during the private meeting between Punnackal and Plaintiff, violating Defendant Diocese policy. On
information and belief, the board member attempted to dissuade investigators from continuing to further
investigate the event by falsely claiming that the assault and battery had in fact been a consensual
encounter.
72. It is unclear how the Defendant Diocese knew which officers were investigating the case as the
officers had not contacted the Defendant Diocese as part of the investigation.
73. Sometime in 2021, yet another member of the Diocesan Review Board called law enforcement
officers. The board member, also an attorney, attempted to further discredit Plaintiff’s account of the
assault and battery by telling officers about a post she made on social media. The board member also
attempted to gather information about the investigation and potential prosecution. Officers rebuffed that
attempt.
On January 4, 2022, a Sevier County grand jury indicted Punnackal for sexually battering
Plaintiff while knowing that she was mentally incapacitated.
11

74. The covid-19 pandemic slowed and delayed the specialized forensic investigators responsible for
analyzing electronic evidence. It took two years for investigators to work through their backlog of cases
and finally forensically examine Defendant Punnackal’s laptop.
75. On January 4, 2022, shortly after completion of the laptop’s forensic examination, a Sevier
County grand jury indicted Defendant Punnackal by sealed presentment for sexually battering Plaintiff,
charging him on one count of sexual battery by an authority figure and one count of sexual battery. See
Exhibit 1 (Sevier County Presentment No. 2022 CR-49).
76. The grand jury presentment alleged that at the time of the assault(s), Defendant Punnackal “knew
or should have known that . . . the victim was mentally defective and/or mentally incapacitated.”
77. Sevier County Presentment No. 2022 CR-49 is incorporated here by reference.
The Defendant Diocese has a long history of enabling sexual predators.

78. Bishop Stika has led the Defendant Diocese since 2009.
79. Previously, Stika served as a priest in the diocese of St. Louis, acting as vicar general and
chancellor to Cardinal Justin Rigali, who was then Archbishop of St. Louis. Since 2018, the St. Louis
diocese has been under investigation by the Missouri attorney general’s office for its longstanding
pattern—stretching back to the days of Stika and Rigali—of hiding sexual abuse and harboring predator
priests.
80. In 2019, the St. Louis Diocese released the names of 64 St. Louis priests with credible sexual
abuse allegations.3 Many of the listed priests overlapped with Stika and Rigali’s time leading the St. Louis
Diocese.
81. Rigali retired to Knoxville, Tennessee, where he lives with Bishop Stika.
82. Plaintiff first learned that the coverup of the sexual assault and battery was Defendant Diocese’s
common practice and policy when, on February 22, 2022, a John Doe plaintiff sued the Defendant
Diocese and Bishop Stika alleging an intentional coverup by Defendant Diocese leadership of his sexual
3
https://www.archstl.org/promise-to-protect/list-release
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assault by a Diocese seminarian. See Pl. Comp. Doe v. Catholic Diocese of Knoxville, Case No. C-22-
014622, Knox County Circuit Court. John Doe alleged that Bishop Stika had covered up the assault and
personally defamed him by claiming that he, John Doe, had in fact sexually assaulted the seminarian.
83. Previously, Plaintiff had believed that her sexual assault and battery, its coverup and her shunning
by the local community had been exclusively the work of Defendant Punnackal instead of an organized
effort by the Diocesan Review Board and other members of Diocese leadership.
84. This pattern is so common that numerous people, mainly priests working for the Defendant
Diocese, have complained to the Vatican, calling for an investigation.
The Defendant Diocese further attempts to interfere in the investigation and prosecution of Defendant
Punnackal’s sexual assault and battery.
85. Plaintiff filed a civil suit against Defendants Punnackal and the Defendant Diocese in Sevier
Court Circuit Court, on January 31, 2022.
86. After the filing of that suit, the Defendant Diocese hired a private investigator to uncover
information that would coerce Plaintiff into dropping both her civil and criminal claims against
Punnackal.
87. The investigator approached the Plaintiff’s former employers, two restaurants and acquired copies
of fake government identification purporting to belong to the Plaintiff but under a different name.
88. In the alternative, the private investigator acquired reason to believe that one or both restaurants
had false records of Plaintiff, including copies of falsified identification.
89. One of the Defendant Diocese’s agents, a member of the Diocesan Review Board, would later
unlawfully acquire all of the Plaintiff’s employment records, including records purporting to be official
government identification and immigration records.
90. It is common practice for businesses employing undocumented or suspected undocumented
immigrants to keep false records. These false records give a fake name and typically contained falsified
records purporting to show that the employee is a citizen or otherwise authorized to work legally.
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91. In April of 2022, the private investigator working on behalf of the Defendant Diocese and
Punnackal contacted the law enforcement officers investigating Defendant Punnackal. At this point,
Defendant Punnackal had already been indicted. The investigator told the law enforcement officers that
Plaintiff, their chief witness in Defendant Punnackal’s criminal prosecution, had committed employment
fraud by working under a false name, and asked for her to be arrested.
92. Plaintiff became extremely distressed upon learning that Defendants possessed or claimed to
possess information or records alleging that she had worked under a false name.
93. Allegations of identity fraud—even unsubstantiated allegations—in employment history are
common grounds for the denial of asylum claims. Denial of Plaintiff’s asylum claim could result in her
death. Defendant Punnackal knew she was seeking asylum. Because she had disclosed to him the nature
of her partner’s violent murder, he knew that she faced mortal danger if she were returned to Honduras.
On information and belief, the Diocesan Review Board’s members have previously dealt with
undocumented persons and asylum seekers and understood and intended the threat conveyed by their
actions.
94. Because Plaintiff has applied for asylum, Immigration and Customs Enforcement (“ICE”) can
order her detained for any reason or no reason at all; even the allegation of employment fraud provides
sufficient grounds for ICE to detain Plaintiff until the processing of her asylum claim.
95. At her asylum hearing, even unsupported allegations of employment fraud or using a false name
could provide grounds for the denial of her asylum application.
96. Plaintiff was nearly intimidated into dropping both her criminal and civil claims.
97. On information and belief, the Defendant Diocese acquired Plaintiff’s employment records
intending to either intimidate her into dropping both lawsuits or facilitating her arrest and deportation to a
country where she would, like her partner, likely be murdered.
98. What impact the Defendant Diocese’s actions will ultimately have on Plaintiff’s asylum case will
only be determined at the asylum hearing itself.
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The Statute of Limitations on all state claims has been tolled by initiation of a criminal prosecution,
Plaintiff’s mental incapacity, and Defendants’ fraudulent concealment and ongoing conduct.
99. At the time of the sexual assault and battery, the death of her child’s father had already injured
Plaintiff’s mental health such that she was incapable of managing her day-to-day affairs and
100. Rather than help her recover from her grief, the actions of Defendants caused her increased
mental injury and suffering, preventing her from regaining control of her daily affairs or understanding
her legal rights.
101. Defendants misrepresented and concealed material facts for the purpose of concealing the abuse
and concealing their role in enabling sexual abuse.
102. Defendants’ fraudulent concealment was intended to prevent public knowledge of the assault and
battery and subdue further complaints against Defendants.
103. Defendants are estopped from asserting any statute of limitations or statute of repose defenses
which they may claim are applicable to this Complaint.
104. Defendants’ fraudulent concealment of Defendant Punnackal’s sexual misconduct and fraudulent
concealment of its own pattern and practice of enabling sexual assaults tolls any statute of limitations.
105. Similarly, because the sexual assault and battery rendered Plaintiff incapable of managing her
daily affairs or understanding her legal rights and Defendants knew of the assault and battery and refused
to help Plaintiff or take reasonable steps to ameliorate the harm caused by Defendant Punnackal,
Defendants are estopped from raising the statute of limitations or statute of repose to bar Plaintiff’s
claims.
106. The statute of limitations and statute of repose are tolled because Defendants’ actions—refusing
to ameliorate, acknowledge, or investigate Defendant Punnackal’s sexual assault and battery and the
damage it inflicted—are an ongoing source of harm inflicting severe mental and emotional harm.
107. The statute of limitations has been tolled by Plaintiff's mental instability under Tenn. Code Ann.
Section 28-1-106, a condition related in part to the Defendants’ actions complained of here.
15

108. The statute of limitations has been tolled under Tenn. Code Ann. section 28-3-104(a)(2), by the
commencement of a criminal investigation and prosecution against Defendant Punnackal.
109. The statute of limitations has been tolled by Defendants’ fraudulent concealment of the assault
and battery and the Defendant Diocese’s concealment of its pattern of facilitating sexual assaults by its
employees.
110. The statute of limitations has been tolled by Defendant Diocese’s ongoing attempts to harass
Plaintiff, have her arrested, and put her in fear of deportation.
VICARIOUS LIABILITY
111. Plaintiff incorporates each and every allegation contained above.
112. At all times, the Defendant Diocese was an employer of Defendant Punnackal and Defendant
Punnackal acted within the scope and course of his employment, actual or apparent, such that any
negligent or tortious act committed by Defendant Punnackal can be imputed to the Defendant Diocese.
113. Defendant Punnackal met Plaintiff acting in his role as priest of St. Mary’s Church. He met with
her at St. Mary’s Church. He used the Defendant Diocese’s funds to provide her with gift cards allowing
her to feed her children. Punnackal used the Defendant Diocese’s employees to setup his meetings with
Plaintiff. Defendant Diocese employees, like the bilingual assistant, knew that Punnackal was privately
meeting with Plaintiff, a person with whom he could not directly communicate because of a language
barrier, and yet helped facilitate those meetings.
114. In his attempt to traffic Plaintiff for sex, Defendant Punnackal offered Plaintiff money and
resources to help with her immigration case. As a priest, Defendant Punnackal has taken a vow of
poverty; the money and resources belonged to the Defendant Diocese.
115. Defendant Punnackal’s attorney is being paid by either the Defendant Diocese or its insurance
company.
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116. The Defendant Diocese is therefore vicariously liable for the negligent acts and omissions of its
agent and employee Defendant Punnackal as well as the negligent acts and omissions of its other agents
and employees, such as the members of the Diocesan Review Board and the bilingual assistant.
117. In the alternative, CMI was at all times the employer of Defendant Punnackal and Defendant
Punnackal acted within the scope and course of his employment, actual or apparent, such that any
negligent or tortious act committed by Defendant Punnackal can be imputed to the Defendant Diocese.
118. Defendant Punnackal’s actions can be attributed to CMI, rendering CMI also vicariously liable
for his assault and battery and trafficking.
DAMAGES
119. As a direct result of Defendants’ actions, Plaintiff sustained and continues to sustain the injuries
and damages described herein:
a. Ongoing shame, humiliation, and embarrassment;
b. Severe emotional anguish and despair;
c. Severe anxiety, paranoia, depression, suicidal ideation, and trauma;
d. Flashbacks and intrusive thoughts;
e. Depression;
f. Loss of enjoyment of life;
g. Loss of professional and economic opportunities on account of the psychological damage
inflicted by Defendants;
h. Difficulty in trusting others;
i. Loss of enjoyment of her children; also, irreparable injury to the parental bond.
j. Costs associated with treatment for her psychological injuries;
k. Other damages as may become apparent during the course of discovery;
l. Loss of spiritual community and guidance.
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120. Tennessee’s statutory cap on punitive damages for non-economic injuries is unconstitutional, as
held by the Sixth Circuit Court of Appeals and Tennessee courts and violates the right to a trial by a jury
under both the United States Constitution and Tennessee constitution.
121. In the alternative, because of the felonious nature of Defendant Punnackal’s assault and battery,
the Tennessee statutory cap does not apply under Tenn. Code Ann. section 29-39-102(h)(4).
FEDERAL TRAFFICKING VICTIMS PROTECTION ACT

122. The exploitation of vulnerable people is so common that Congress has passed the Trafficking
Victims Protection Act (“TVPA”), 18 U.S.C. § 1581 et. seq., a comprehensive statutory framework
imposing both criminal and civil liability, see 18 U.S.C. § 1595, on any persons engaging or attempting to
engage or benefit from sexual exploitation and trafficking or obstructing anti-trafficking enforcement.
123. Specifically, the TVPA punishes anyone who “recruits, entices, harbors, transports, provides,
obtains, advertises, maintains, patronizes, or solicits by any means a person; or . . .benefits, financially or
by receiving anything of value, from participation in a [trafficking] venture” while knowing “that means
of force, threats of force, fraud, coercion . . . will be used to cause the person to engage in a commercial
sex act.” 18 U.S.C. § 1591(a); see 18 U.S.C. § 1594 (prohibiting attempted trafficking and conspiracy to
traffic).
124. Coercion means “threats of serious harm to or physical restraint against any person . . . any
scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in
serious harm to or physical restraint against any person” or “the abuse or threatened abuse of law or the
legal process.” 18 U.S.C. § 1591(e)(2).
125. “Serious harm” means “any harm, whether physical or nonphysical, including psychological,
financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to
compel a reasonable person of the same background and in the same circumstances to perform or to
continue performing commercial sexual activity in order to avoid incurring that harm.” 18 U.S.C. §
1591(e)(5).
18

126. Commercial sex act “means any sex act, on account of which anything of value is given to or
received by any person.” 18 U.S.C § 1591(e)(3).
127. The TVPA also punishes anyone who “obstructs, attempts to obstruct, or in any way interferes
with or prevents the enforcement of this section,” 18 U.S.C. § 1591(d), and makes it a separate offense to
violate the TVPA while “possesse[ing] any actual or purported passport or other immigration document,
or any other actual or purported government identification document, of another person.”18 U.S.C. §
1592(a).
128. Every federal claim below incorporates all above paragraphs.
TVPA Statute of Limitations

129. Congress grants a plaintiff up to ten years in which to bring a civil action under 18 U.S.C. §
1595(c). All of the federal claims below are timely.
FEDERAL COUNT I
DFENDANT PUNNACKAL ATTEMPTED SEX TRAFFICKING PLAINTIFF IN VIOLATION
OF 18 U.S.C. § 1591.
130. Defendant Punnackal attempted to engage in sex trafficking of Plaintiff as prohibited under 18
U.S.C. § 1591; § 1594(a).
131. Defendant Punnackal attempted to engage Plaintiff in a sex act in which she would trade him sex
in return for access to food for her family and money and resources for her immigration case. In this
instance the food for her family and money and resources for her immigration case, constitute things of
value, as does the prospect of Defendant Punnackal’s emotional support during a time of crisis. In this
way, Defendant Punnackal’s conduct constitutes the attempt to engage in sex in exchange for things of
value, the definition of commerciality under the TVPA. Because he is attempting to engage the Plaintiff
in commercial sex using force, fraud, and/or coercion, he is attempting to engage her in sex trafficking.
132. Defendant Punnackal engaged in a scheme or plan to traffic Plaintiff, luring her to St. Mary’s
Church with the promise of providing her counsel and guidance during her time of grief.
19

133. Defendant Punnackal coerced Plaintiff with his promise of help. Punnackal’s promises were a
plan designed to make Plaintiff believe that she would suffer serious harm should she not give in to his
sexual advances. She would suffer the serious financial harm of having no assistance feeding her family
or litigating her asylum claim; she could suffer the serious physical harm of having her asylum claim
denied; she would suffer psychological harm by being cut off from her only potential source of emotional
support and guidance during a time of grief.
134. Defendant Punnackal also used the coercive power of his status as a member of the clergy as well
as physical force in his attempt to have Plaintiff engage in a commercial sexual act with him on February
17, 2020.
135. These acts constitute civil wrongs inflicted on Plaintiff and actionable under 18 U.S.C. § 1595.
136. Because Defendant Punnackal acted at all times in his role as priest, he acted as an agent of the
Defendant Diocese and CMI, and Defendant Diocese and CMI are vicariously liable for his attempted
trafficking of Plaintiff.
FEDERAL COUNT II
THE DEFENDANT DIOCESE AND ITS AGENTS OBSTRUCTED AND ATTEMPTED TO

OBSTRUCT ANTITRAFFICKING ENFORCEMENT, INCLUDING PUNNACKAL’S
CRIMINAL PROSECUTION.
137. The Defendant Diocese and Defendant Punnackal repeatedly obstructed or tried to obstruct the
investigation of Defendant Punnackal’s assault and battery on Plaintiff and his criminal prosecution.
138. The Defendant Diocese contacted law enforcement with false or misleading information in an
attempt to prevent Punnackal’s indictment.
139. The Defendant Diocese and Defendant Punnackal used a private investigator to access Plaintiff’s
employment records in an attempt to have Plaintiff arrested, alleging that she had committed employment
fraud. This allegation could have—and may still yet—provide grounds for denying her asylum claim.
140. Defendant Diocese has no valid reason for wanting Plaintiff’s employment records. The
Defendant Diocese went after Plaintiff’s employment records not because they had any bearing on the
20

sexual assault case, but because it knew that those records could be used to frighten and silence Plaintiff,
an asylum-seeking immigrant.
141. By trying to interfere with her asylum status, Defendants further attempted to obstruct the
investigation and prosecution of Punnackal: if Plaintiff were deported and killed, there would be no
witness against Punnackal.
142. Defendants were almost successful; Plaintiff nearly withdrew from both lawsuits and fled the area
out of fear that she could be deported.
143. The Defendant Diocese constructed and maintains sexual abuse policies seemingly aimed at
protecting victims, especially vulnerable adults like Plaintiff, from further harm, including removing
suspected offenders from positions of power, and remedying injuries inflicted by predatory clergy.
Supposedly to that end, the Defendant Diocese maintains a Diocesan Review Board as an apparently
neutral body tasked with fairly and methodically investigating sexual assault allegations.
144. In reality, these sexual abuse policies are little more than a smokescreen obscuring from
parishioners and law enforcement the Defendant Diocese’s unbridled hostility to sexual assault victims.
There is no “reach[ing] out to victims/survivors and their families [to] demonstrate a sincere commitment
to their spiritual and emotional well-being, seeking healing and reconciliation.” Diocese Policy 20.1, page
9. There is no offer of therapy for the victim, paid for by the Defendant Diocese; no “right of a victim to
maximum privacy:” no “right of the public to know information of a general nature;” no suspension of the
alleged violator pending the outcome of formal proceedings. Id. at 9, 10.
145. Instead, what happened to Plaintiff—and apparently other victims, too—is the deliberate,
calculated marshalling of Diocese resources to delay, mislead, and obstruct investigations and discredit
and isolate the victim.
146. The Defendant Diocese knew of Defendant Punnackal’s attempted trafficking and sexual assault
and battery of Plaintiff. But it ignored its own policy of removing priests with credible sexual abuse
allegations and instead tried to undermine Plaintiff’s community standing and reputation, yet another
attempt to pressure her into dropping her allegations against Punnackal.
21

147. This is exactly the kind of deliberate and sustained harassment and obstruction outlawed by the
TVPA.
FEDERAL COUNT III
THE DEFENDANT DIOCESE OBSTRUCTED OR ATTEMPTED TO OBSTRUCT

PUNNACKAL’S CRIMINAL PROSECUTION BY USING PLAINTIFF’S PURPORTED
GOVERNMENT RECORDS IN ITS ATTEMPT TO SILENCE AND INTIMIDATE HER.
148. 18 U.S.C. § 1592(a) forbids the knowing “possesses[ion] [of] any other actual or purported
government identification document, of another person" in the course of or with the intent to violate any
trafficking statute, including attempts to obstruct antitrafficking enforcement.
149. The Defendant Diocese and Defendant Punnackal obtained Plaintiff’s purported government
identification documents from her former employees in order to obstruct or attempt to obstruct
enforcement actions against Punnackal by intimidating her into silence. Without Plaintiff, there is no case
against Punnackal.
FEDERAL COUNT IV
DEFENDANT DIOCESE BENEFITTED FROM DEFENDANT PUNNACKAL’S ATTEMPTED

TRAFFICKING AND ITS AGENTS ATTEMPTS TO OBSTRUCT ENFORCEMENT OF THE
TVPA.
150. The Defendant Diocese committed a separate actionable harm when it knowingly benefited from
its agents’, including Defendant Punnackal, violations of the TVPA. See 18 U.S.C. § 1593(a).
151. The Defendant Diocese knew that Defendant Punnackal had assaulted Plaintiff. The Defendant
Diocese knew that its agents were obstructing and attempting to obstruct enforcement efforts against
Punnackal.
152. The Defendant Diocese gained numerous financial and valuable benefits from protecting,
participating, and aiding these TVPA violations.
153. By helping obscure Defendant Punnackal’s sexual assault, such as by not making him step down
from his clerical role or denying the truth of Plaintiff’s allegations, the Defendant Diocese continued to
22

receive donations from parishioners that would have ceased were it known that the Defendant Diocese
was succoring a sexual predator at the expense of his victim.
154. The Defendant Diocese also gained the value of Defendant Punnackal’s services, services that
would have been lost had he been forced to step down, as required by Diocese policy.
155. By aiding its agents in attempting to derail Punnackal’s prosecution and Plaintiff’s civil suit, the
Diocese attempted to gain the cost of money spent on legal defense and judgments.
156. Finally, Defendant Diocese gained the financial benefit of writing off as a charitable donation all
of the gift cards given to Plaintiff in Defendant Punnackal’s attempt to groom her for his predation.
STATE CLAIMS
STATE COUNT I
SEXUAL ASSAULT
158. Using the power and trust of his position as a priest, counselor, and spiritual guide to Plaintiff,
Punnackal engaged in an unwanted and offensive sexual touching of Plaintiff’s person on or about
February 17, 2020, at what was supposed to have been a private grief counseling session. Plaintiff did not
invite or consent to these sexual acts.
159. Punnackal acted intending to cause a harmful contact with Plaintiff’s person.
160. As a direct and proximate cause of Punnackal’s actions, Plaintiff has suffered and will continue to
suffer severe psychological distress, humiliation, loss of self-esteem, depression, and suicidal ideation.
161. The damages to Plaintiff would not have occurred but for the actions of Punnackal and the
Defendant Diocese and its agents and employees.
STATE COUNT II
BATTERY
163. Using the power and trust of his position as a priest, counselor, and spiritual guide to Plaintiff,
Punnackal engaged in an unwanted and offensive sexual touching of Plaintiff’s person on or about
23

February 17, 2020, at what was supposed to have been a private grief counseling session. Plaintiff did not
invite or consent to Punnackal’s sexual acts or touching.
164. Punnackal intentionally and unlawfully touched Plaintiff’s person in a harmful and offensive
manner constituting the tort of battery.
STATE COUNT III
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS BY PUNNACKAL

166. Punnackal caused Plaintiff severe emotional distress by intentionally luring Plaintiff to a sham
grief counseling meeting and then locking her in a room and sexually assaulting her.
167. Having a priest use fraud to falsely imprison a grieving parishioner for the purpose of sexually
assaulting her is outrageous conduct that civilized society will not tolerate.
168. As a result of Punnackal’s intentional and outrageous conduct of sexually assaulting the grieving
Plaintiff, she has suffered severe emotional distress, anxiety, and depression that resulted in her
hospitalization on multiple occasions and other damages as described herein.
169. This damage would not have occurred but for the actions of Defendants and their agents and
employees.
STATE COUNT IV
FALSE IMPRISONMENT
171. Punnackal lured Plaintiff into a room under the false pretense of offering a grief counseling
session. Punnackal locked the door to that room before sexually assaulting and committing battery against
Plaintiff.
172. By locking the doors or otherwise preventing Plaintiff from leaving through physical force or
coercion, Punnackal stopped the Plaintiff from being able to leave when his sexual assault began.
24

173. By intentionally and unlawfully confining Plaintiff in a room against her will for the purpose of
accomplishing a sexual assault, Punnackal falsely imprisoned Plaintiff.
174. Because of this false imprisonment, Plaintiff was incapable of preventing Punnackal from
sexually assaulting her and inflicting the damage described herein.
STATE COUNT V
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS BY THE DEFENDANT DIOCESE

176. The Defendant Diocese intentionally caused Plaintiff severe emotional distress by; (1) its
outrageous conduct of facilitating Punnackal’s sexual predations; (2) allowing Punnackal to continue
serving as the priest of St. Mary’s Catholic Church despite knowing that he had sexually assaulted
Plaintiff; (3) identifying to congregants that Plaintiff had falsely accused Punnackal of sexual assault, and;
(4) unlawfully accessing Plaintiff’s employment records in an attempt to threaten her asylum proceeding.
177. A bilingual diocese employee helped facilitate the assault by setting up a meeting between
Punnackal and the Plaintiff despite knowing that the pair were mutually unintelligible and then leaving
them alone in a locked room.
178. Civilized society will not tolerate a diocese willing to facilitate the sexual predation of its
congregation by its clergy.
179. As a result of the Defendant Diocese’s intentional and outrageous conduct of facilitating
Punnackal’s sexual assault and battery and then allowing him to continue serving as a priest despite
knowing of the sexual assault and battery, Plaintiff suffered from severe emotional distress, anxiety, and
depression that resulted her in hospitalization on multiple occasions and other harm described herein.
180. This damage would not have occurred but for the actions of Defendants and their agents and
employees.
STATE COUNT VI
25

NEGLIGENCE
181. At all times, the Defendant Diocese owed a duty to Plaintiff to use reasonable care to ensure her
safety, care, well-being, and health.
182. The Defendant Diocese’s duties encompass preventing, identifying, and investigating the
reasonably foreseeable danger of sexual assault and battery by a priest and otherwise providing a safe
environment for Plaintiff and other parishioners at St. Mary’s Catholic Church.
183. The Defendant Diocese breached these duties by failing to protect Plaintiff from the sexual
assault and battery committed by its agent Punnackal.
184. At all times, the Defendant Diocese knew or should have known that Punnackal was unfit to be
entrusted with the care of parishioners, especially vulnerable parishioners like Plaintiff. Despite such
actual and constructive knowledge, the Defendant Diocese provided Punnackal with a position of
authority and trust.
185. As a direct and proximate result of Punnackal’s assaults, Plaintiff suffered severe and debilitating
psychological and emotional damage.
186. After learning of the assault and battery, the Defendant Diocese failed to take adequate steps to
remedy or address Punnackal’s sexual assault of Plaintiff.
187. As a direct result of the Defendant Diocese’s decision to ignore Plaintiff and allow Punnackal to
remain an active priest, the Defendant Diocese inflicted further emotional and mental damage upon her.
188. The damages inflicted on Plaintiff would not have occurred but for the negligence of the
Defendant Diocese and its agents and employees.
189. The Defendant Diocese ratified Punnackal’s conduct by failing to discipline, investigate, or
terminate him despite a credible allegation of sexual assault and battery.
190. The Defendant Diocese has failed to adopt adequate sexual abuse reporting, prevention,
intervention and investigation protocols.
26

191. The Defendant Diocese failed to comply with statutes and regulations enacted for one or more
classes of persons that include Plaintiff, enacted to prevent injuries of the type sustained by the Plaintiff,
which imply a private right of action or impose liability under a negligence per se theory, including but
not limited to statutes requiring the Defendant Diocese to report allegations of abuse to law enforcement.
192. The Defendant Diocese committed negligent entrustment by allowing Punnackal to use his
position and Defendant Diocese property to sexually assault and battery Plaintiff.
193. The Defendant Diocese has also committed other negligent acts or omissions that may be
discovered during the course of discovery.
STATE COUNT VII
NEGLIGENT HIRING, RETENTION, AND SUPERVISION
195. At all times, the Defendant Diocese had a duty to Plaintiff to use reasonable care in ensuring her
wellbeing, health, and safety while she was in the care, custody, or control of the Defendant Diocese and
its agents.
196. That duty of care encompassed a duty to properly hire, retain, and supervise the Defendant
Diocese’s priests and other agents, including Punnackal, to prevent the reasonably foreseeable danger of
sexual assault.
197. The Defendant Diocese knew that people seeking emotional support and spiritual guidance during
times of personal crisis are vulnerable to sexual predation by the Defendant Diocese’s priests.
198. The Defendant Diocese knew that people suffering from psychological duress and mental health
issues are also vulnerable to sexual predation by the Defendant Diocese’s priests.
199. The Defendant Diocese knew that noncitizens with limited English proficiency and PTSD are
especially vulnerable to sexual predation by the Defendant Diocese’s priests.
200. On information and belief, the Defendant Diocese knew or should have known that Defendant
Punacckal would use his position to target vulnerable parishioners for sexual predation.
27

201. The Defendant Diocese acted negligently by having initially hired Punnackal; failing to train staff
to supervise visits between vulnerable parishioners and clergy, failing to supervise Punnackal and leaving
him alone with vulnerable parishioners, failing to adequately investigate his sexual assault and battery of
Plaintiff, and failing to provide remedial training, and failing to implement the Defendant Diocese’s
sexual assault policies and procedures upon learning of his assault against Plaintiff.
PRAYER FOR RELIEF
Wherefore, premises considered, Plaintiff sues the Defendants for damages for the injuries described and
prays for judgment and an award of compensatory and punitive damages against the Defendants for no
less than $5,000,000.00 and for all such other relief, both general and specific to which she may be
entitled under the premises, as follows:
1. For general and compensatory damages for past, present, and future psychological and emotional
pain, suffering, distress, and injury;
2. Loss of enjoyment of life;
3. Loss of earning and of earning capacity;
4. For punitive damages against Defendants;
5. For attorney fees, court costs, and interest;
6. For any other relief this Court deems proper.
Respectfully submitted this 10th day of November 2022.
/s/ Andrew Fels_____________

Andrew Fels, Esq. BPR #036005
3214 Fountain Park Blvd.
Knoxville, TN 37917
865-567-4881
andrewchristianfels@gmail.com
28

/s/ Rachel Bonano___________
Rachel Bonano, Esq. BPR 030458
Law Office of Rachel Bonano, PLLC
865 Ebenezer Road
Knoxville, TN 37923
Tel. (865) 282-5309
Fax (865) 251-5383
rbonano@bonanolaw.com
29

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing was filed electronically on November 10, 2022. Notice of this
filing will be sent by operation of the Court’s electronic filing system to all parties indicated on the
electronic filing receipt. All other parties will be served by regular United States Mail, postage prepaid, or
hand delivery. Parties may access this filing through the Court’s electronic filing system.
Andrew M. Hale (BPR #036815)

KRAMER RAYSON LLP
800 S. Gay Street, Suite 2500
Knoxville, TN 37929
(865) 525-5134
ahale@kramer-rayson.com
Attorney for Defendant Catholic Diocese of Knoxville
Travis McCarter, Esq.

GREEN WATERS OGLE MCCARTER
117 Court Ave.
Sevierville, TN 37862
(865) 429-3600
travis@gwofirm.com
Attorney for Defendant, Fr. Antony Punnackal
Fr. Sebastian Thekkedathu (Sr.), CMI (Superior)

862 Manhattan Ave,
Brooklyn, New York 11222.
/s/ Andrew Fels_____________

Andrew Fels, Esq. BPR #036005
3214 Fountain Park Blvd.
Knoxville, TN 37917
865-567-4881
andrewchristianfels@gmail.com
30

Case 3:22-cv-00401-TAV-DCP Document 1-1 Filed 11/10/22 Page 1 of 1 PageID #: 31
Plaintiff's Exhibit 2

20.1 POLICY AND PROCEDURES RELATING TO THE
SEXUAL MISCONDUCT FOR THE DIOCESE OF KNOXVILLE
MAY 20, 2020

STATEMENT OF POLICY
Any form of sexual misconduct is contrary to Christian principles. Such misconduct by those
representing the Church in any capacity is outside the scope of that representation. The sexual abuse of children
and young people is particularly grave, and in the words of Pope John Paul II, “by every standard wrong and
rightly considered a crime by society; it is also an appalling sin in the eyes of God.” Pope Benedict XVI, too, in
his address to the U.S. bishops in 2008 said of the clergy sexual abuse crisis, ―It is your God-given
responsibility as pastors to bind up the wounds caused by every breach of trust, to foster healing, to promote
reconciliation and to reach out with loving concern to those so seriously wronged.
Reflecting the mission and example of Jesus Christ, this policy seeks, in particular, to provide for the
safety and protection of children and young people in our church ministries and institutions, and indeed, to
provide for the safety and protection of all members of the Church in general.1 Accordingly, this Policy and
Procedure has been updated to incorporate fully the Charter for the Protection of Children and Young People
and corresponding Essential Norms2 that were approved by the full body of U.S. Catholic Bishops at its June
2005 General Meeting, and received the subsequent recognitio by the Holy See on January 1, 2006.3 It also
incorporates the second revisions to both the Charter and Norms that were approved at the June 2011 General
Meeting of the U.S. Catholic Bishops.
Sexual misconduct as used in this policy refers to three related forms of misconduct: sexual abuse,
sexual exploitation, and sexual harassment. All three are addressed because they have this in common: each
involves an abuse of power or authority.
The Diocese of Knoxville recognizes that correcting wrongs is more important than safeguarding
appearances; that care of the affected takes precedence over attempts to justify misconduct; and, that preventive
education and careful research aimed at improving services to children and adults should be of equal importance
with remedial and punitive treatment of offenders.
The Diocese of Knoxville and its subsidiary and affiliated organizations will maintain programs of
screening, education and guidance aimed at preventing sexual misconduct by all those officially representing it.
The Diocese of Knoxville will have a competent assistance coordinator to aid in the immediate pastoral
care of persons who claim to have been sexually abused as minors by clergy or other church personnel.4 The
assistance coordinator will attend the meetings of the Review Board (see below).
1
Cf. Charter for the Protection of Children and Young People [Charter] (Washington: United States Conference of Catholic Bishops,
June 2005).
2
Essential Norms [Norms] (Washington: United States Conference of Catholic Bishops, June, 2005).
3
Essential Norms [Norms] (Washington: United States Conference of Catholic Bishops, June, 2005).
4
Cf. Charter, art. 2 and Norms nn. 4, 5.
2
MAY 20, 2020
The Diocese of Knoxville will have a review board (of at least five persons of outstanding integrity and
good judgment and in full communion with the Church) the majority of whose members will be lay persons not
in the employ of the diocese. This board will assist the diocesan bishop in assessing allegations and fitness for
ministry, and will regularly review diocesan policy and procedure for dealing with the sexual abuse of minors
and other forms of sexual misconduct at least every two years. The board can act both retrospectively and
prospectively on these matters and give advice on all aspects of responses required in connection with these
cases.5
The members of the review board should represent a broad cross section of the Diocese in terms of both
geography and expertise. At least one member will be a priest who is an experienced and respected pastor of
the diocese, and at least one member should have particular expertise in the treatment of sexual abuse of minors.
The term of appointment will be for five years, which can be renewed. All review board members will undergo
a background check in accordance with Appendix F of this Policy, and will attend the Diocesan training
program on CMG Connect Safe Haven. The Bishop may appoint one member of the review board to serve as
Chair to coordinate meeting times and agendas, facilitate communications with board members, and assist in
other administrative details.
A procedure for prompt response to alleged sexual misconduct by any of those officially representing it
involving investigation, action, assistance to the affected, assistance to the accused, and assistance to the
involved church community will likewise be in effect at all times. The diocese will develop a communications
policy that reflects a commitment to appropriate transparency and openness. Within the confines of respect for
the privacy and the reputation of the individuals involved, the diocese will deal as openly as possible with
members of the community.6 This is especially so with regard to assisting and supporting parish communities
directly affected by misconduct.
The Diocese of Knoxville obliges its clerics and religious, and likewise expects its employees, ministers
and independent contractors, those of its parishes, its schools and service organizations of all kinds, and those
who volunteer service to such subsidiary and affiliated organizations, to live chaste, moral and law-abiding
lives.7 Sexual misconduct by clerics, religious, employees, ministers, regular independent contractors and
volunteers abuses and discredits the pastoral nature of their positions.
5
Cf. Charter, art. 2 and Norms nn. 4, 5.
6
c. 220 “No one is permitted to damage unlawfully the good reputation which another person enjoys nor to violate the right of another
person to protect his or her own privacy.” in Code of Canon Law, Latin-English Edition [CIC] (Washington: Canon Law Society of
America, 1983). Cf. also Charter, art. 7.
7
CIC, c. 223, §1 “In exercising their rights the Christian faithful, both as individuals and when gathered in associations, must take
account of the common good of the Church and of the rights of others as well as their own duties toward others.”
c. 277 §1. “Clerics are obliged to observe perfect and perpetual continence for the sake of the kingdom of heaven and therefore are
obliged to observe celibacy, which is a special gift of God, by which sacred ministers can adhere more easily to Christ with an un-
divided heart and can more freely dedicate themselves to the service of God and humankind.” §2. “Clerics are to conduct themselves
with due prudence in associating with persons whose company could endanger their obligation to observe continence or could cause
scandal for the faithful.” §3. “The diocesan bishop has the competence to issue more specific norms concerning this matter and to
pass judgment in particular cases concerning the observance of this obligation.”
c. 599 “The evangelical counsel of chastity assumed for the sake of the kingdom of heaven, as a sign of the future world and a source
of more abundant fruitfulness in an undivided heart, entails the obligation of perfect continence in celibacy.”
3
MAY 20, 2020
All clerics, religious, employees, ministers, regular independent contractors and volunteers of the
Diocese of Knoxville, its parishes, its schools and service organizations of all kinds must comply with
applicable Church and civil laws regarding actual, alleged or suspected sexual misconduct. Cooperation with
child protection agencies and the legal system is required. These requirements should not be interpreted to
mandate or encourage violation of Church law recognizing the priest/penitent privilege and the seal of
Confession.
The commitment of the Diocese of Knoxville is to the establishment and the maintenance of proper
relationships between all those officially representing it, its members and others served, as the work of the
Church throughout the Diocese is being performed.
The Diocese of Knoxville commits to work as one with our brother priests and deacons to foster
reconciliation among all people in our diocese. We especially commit to work with those individuals who were
themselves abused and the communities that have suffered because of the sexual abuse of minors that occurred
in their midst.
The Diocese of Knoxville will not enter into confidentiality agreements except for grave and substantial
reasons brought forward by a victim/survivor and noted in the text of the agreement.8
PROCEDURE
The following is the plan of action of the Diocese of Knoxville aimed at prevention of and response to
sexual misconduct.
PREVENTION AND REPORTING
A. Present personnel, hiring personnel, accepting volunteers and supervision.
1. Each person holding a position with the Diocese at the time of the implementation of this policy
which involves working with children or vulnerable adults or in proximity to either, i.e. clerics, religious,
employees, ministers, regular independent contractors and volunteers, shall complete and sign a release
enabling the Diocese to evaluate the person’s background.9 Specifically, this evaluation will make use of the
resources of law enforcement and other community agencies.10 These same personnel will complete and sign
the applicant's certification (Appendix F). This will be retained in the person’s file. Records of screening are
required as otherwise provided herein. (D p. 5).
2. Each applicant for a position which includes working with children or vulnerable adults or in
proximity to either shall be adequately screened by the hiring or appointing individual. Screening is to be done
through references, verifying information provided by the applicant, and regular use of sources maintaining
records of known abusers as described in the Appendix to this document. Each applicant for a position shall
8
Cf. Charter, art. 3.
9
The Diocese of Knoxville has retained an independent contractor to procure relevant information related to a person’s background.
10
4
MAY 20, 2020
complete and sign the screening application, a release to conduct a background check (to be provided by the
Diocese) and applicant's certification (Appendix F). The screening application in Appendix F will be retained
in the person’s file. Records of screening are required as otherwise provided herein. (D p. 5).
3. Each cleric, religious, employee, minister, regular independent contractor or volunteer who works
with or near children or vulnerable adults shall be supervised in his/her dealings with children or vulnerable
adults by the person in charge. Such supervision includes periodic observation of the person at work, periodic
evaluation, and special attention to situations involving one-on-one contact with children or vulnerable adults.
Any documentation related to supervision or evaluation should be kept in accord with the provisions of section
D, p. 5.
B. Education.
1. Copies of this policy shall be distributed to those serving the Diocese as follows: To each cleric,
pastoral administrator, superior of each religious congregation serving in the Diocese, seminarians and deacon
aspirants of the Diocese, each teacher, each employee of the Diocese, each volunteer and to each parish, school,
or other service organization. Each of the identified entities shall be responsible for distribution to regular
independent contractors with which it deals.
2. Each parish, school or other service organization shall periodically, in keeping with standards of a
safe environment, conduct meetings and/or initiate individual contacts at which this policy will be distributed
and its significant requirements discussed. In particular, the reporting mechanism shall be disseminated and
explained and the pastoral code of conduct should be reviewed and accepted (see Appendix G). In schools,
such a meeting could occur in connection with a regularly scheduled meeting of teachers, a meeting of the
officers of the parent-teacher association or a teacher in service. Social agencies and service organizations
might conduct such a meeting for employees and volunteers in connection with a scheduled board meeting.
With regard to all affected, yearly contract signings and annual reviews of salary and job performance afford
appropriate opportunities for individual review of this policy. This policy may also be disseminated in
summary form in organization newsletters and to the Diocese at large through the Diocesan newspaper.
3. All personnel and volunteers are to be aware of the causes and signs of sexual abuse, steps to be
taken to protect children and vulnerable adults, and procedures to follow if abuse is suspected, observed or
reported. Personnel and volunteers have an obligation to be knowledgeable about the foregoing. They are
expected to be trustworthy and responsible, and in their dealings with children and vulnerable adults are
charged with rendering pastoral service. They have duties recognized by canon and civil law about which they
must be aware. To assist with these responsibilities, the Diocese has established safe environment programs as
described in the Charter11, and the Diocese will continually seek to incorporate the most useful developments in
the field of child protection.
4. All personnel and volunteers are to read this document and to be familiar with its contents, especially
obligations for reporting suspected child sexual abuse to civil and diocesan authorities, and the consequences of
failure to report (Appendix B). The personnel file of each should contain a copy of a signed acknowledgement
(Appendix H) that this requirement has been fulfilled. The hiring or appointing individual is responsible for
obtaining the signed acknowledgement required herein and retaining it in the personnel file of the person.
11
Cf. Charter, arts. 8 and 12. The Diocese of Knoxville has retained an independent contractor to provide its safe environment
program.
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MAY 20, 2020
C. Reporting.
1. Any cleric, religious, employee, minister, regular independent contractor or any volunteer of the
Diocese of Knoxville or its subsidiary or affiliated organizations who has actual knowledge of or who has
reasonable cause to suspect an incident of sexual misconduct, by any cleric, religious, employee, minister,
independent contractor or volunteer, shall report such to his or her pastor, principal, or other superior
immediately and shall comply with any applicable reporting or other requirements of state and local laws
(unless to do so would violate the priest-penitent relationship). Likewise, the Diocese of Knoxville encourages
such reporting by individual parishioners and the general public at large. Reporting to civil authorities as
required by state law and this policy and internal reporting as required by this policy are of equal importance
and urgency. An oral report shall be made to the victims assistance coordinator or the Vicar General in charge
of investigating sexual misconduct immediately by a pastor, principal or other superior receiving a report or
having actual knowledge of or having reasonable cause to suspect an incident of sexual misconduct and a
written report shall be prepared and submitted to the victims assistance coordinator or the Vicar General in
charge of investigating sexual misconduct by the person making an oral report within forty-eight (48) hours of
the initial oral report. Upon becoming aware of an allegation of sexual misconduct, the Bishop or his
designated representative shall immediately verify that civil reporting requirements have been fulfilled and
require other appropriate reports. (Cf. RESPONSE, A. 1.)
2. Should the Bishop of the Diocese of Knoxville be accused of sexual misconduct, is obliged to inform
the Apostolic Nuncio. The Chancellor of the Diocese of Knoxville shall notify the Archbishop of Louisville as
to the nature and details of the accusation within twenty-four (24) hours of the time the accusation becomes
known. The Chancellor shall also verify that civil reporting requirements have been complied with and require
other appropriate reports.
3. If the accused is a cleric and/or religious, besides the procedures in this policy, other processes and
requirements in canon law may be applicable and must be observed.12
D. Record keeping.
When personnel or volunteer status ceases or is terminated, the following documentation regarding the
involved individual is to be maintained permanently: a summary of the initial screening procedures used,
including the signed screening application, certification and acknowledgement, a description of the nature of the
individual's duties as they related to work with children or vulnerable adults, any documentation of on-going
supervision and appropriate evaluations, and the dates of involvement and severance. If an allegation or
suspicion of sexual misconduct occurs at any time, legal advice shall be obtained through the Diocesan attorney
regarding the disposition of the required records.
12
In the event that the accused is a cleric, and the offense is a delict for which dismissal from the clerical state might be appropriate,
canonical norms should be followed. Cf. Canonical Delicts Involving Sexual Misconduct and Dismissal from the Clerical State
[Delicts], United States Conference of Catholic Bishops (Washington:1993); and John Paul II, Apostolic Letter, motu proprio,
Sacramentorum sanctitatis tutela [Sacramentorum], April 30, 2001; and Congregation for the Doctrine of the Faith, letter
accompanying the motu proprio, Ad exsequendam legem, May 18, 2001.
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MAY 20, 2020
E. Resources.
The Diocese will maintain a listing of experts within the Diocese who are trained and qualified to deal
with the assessment and evaluation of claims of sexual misconduct and who are willing to serve as advisers to
the Diocese as hereinafter provided. Such a list might include educators, psychologists, psychiatrists, medical
doctors, social workers, clergy and/or religious and lawyers or other members of the legal system.
F. Review.
The Diocese shall periodically review this policy and procedure and amend it as needed. Review shall
occur no less frequently than every two years. Amendments will be distributed in accord with sub-section B.
above. Amendments will require continuing compliance with Section B. Education.
RESPONSE
Recognized forms of sexual misconduct are sexual abuse, sexual exploitation and sexual harassment.
Response to the different forms of sexual misconduct is necessarily different. In the event that the accused is a
cleric, and the offense is a delict for which dismissal from the clerical state might be appropriate, canonical
norms should be followed.13
A. Initial Investigation.
1. When an allegation of sexual abuse of a minor or vulnerable adult is received, a preliminary

investigation in accordance with canon law will be initiated and conducted promptly and objectively (Canon
1717). The Diocese of Knoxville will comply with all applicable civil laws with respect to the reporting of
allegations of sexual abuse of minors to civil authorities and will cooperate in their investigation. In every
instance, the Diocese of Knoxville will advise and support a person’s right to make a report to public
authorities.
During the investigation, the accused enjoys the presumption of innocence, and all appropriate steps
shall be taken to protect his/her reputation. The accused will be encouraged to retain the assistance of civil and
canonical counsel and will be promptly notified of the results of the investigation. This investigation shall
include (if possible) interviews of the principals involved and a report of the product of the investigation in
writing to the Bishop or his designated representative within a reasonable amount of time. The provided for
investigation by the Diocese in situations which might ultimately involve criminal prosecution should be
conducted in cooperation with the civil authorities.
2. In the event that the Bishop receives a report directly from a person admitting to sexual misconduct,
the initial investigation may prove to be superfluous.14
13
Cf. Delicts; Sacramentorum; Norms.
14
Ibid.
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MAY 20, 2020
B. Sexual Abuse.
Sexual abuse of a minor or vulnerable adult includes sexual molestation or sexual exploitation of a
minor or vulnerable adult and other behavior by which an adult uses a minor or vulnerable adult as an object
of sexual gratification. Sexual abuse has been defined by different civil authorities in various ways, and this
policy does not adopt any particular definition in civil law. Rather, the transgressions in question relate to
obligations arising from divine commands regarding human sexual interaction as conveyed to us by the sixth
commandment of the Decalogue. Thus, the norm to be considered in assessing an allegation of sexual abuse of
a minor or vulnerable adult is whether conduct or interaction with a minor or vulnerable adult qualifies as an
external, objectively grave violation of the sixth commandment. The offense against the sixth commandment of
the Decalogue need not be a complete act of intercourse. Nor, to be objectively grave, does an act need to
involve force, physical contact or a discernible harmful outcome.15 For purposes of this Policy, the offense of
sexual abuse of a minor will be understood in accord with the provisions of Sacramentorum sanctitatis tutela
(SST), article 6, which reads:
§1. The more grave delicts against morals which are reserved to the Congregation for the Doctrine of the Faith
are:
1o the delict against the sixth commandment of the Decalogue committed by a cleric with a minor below
the age of eighteen years; in this case, a person who habitually lacks the use of reason is to be considered
equivalent to a minor.
2o the acquisition, possession, or distribution by a cleric of pornographic images of minors under the
age of eighteen, for purposes of sexual gratification, by whatever means or using whatever technology;
§2. A cleric who commits the delicts mentioned above in §1 is to be punished according to the gravity of his
crime, not excluding dismissal or deposition.
1. Response team. After initial investigation, if there is sufficient evidence to conclude that an
allegation does not involve sexual abuse, a report of the product of the initial investigation shall be made at the
next regular meeting of the review board. After initial investigation if there is sufficient evidence to conclude
that sexual abuse has occurred, the Bishop shall apply the precautionary measures mentioned in canon 1722,
i.e., withdraw the accused from exercising the sacred ministry or from any ecclesiastical office or function,
impose or prohibit residence in a given place or territory, and prohibit public participation in the Most Holy
Eucharist pending the outcome of the process.16 The review board shall be made aware of the situation, and the
Bishop or his designated representative will immediately appoint a response team consisting of a priest, and one
or more other team members, who might be drawn from the following professional backgrounds: a mental
health professional, a physician, and a lawyer or other member of the legal system. These team members might
be selected from the membership of the Diocesan Review Board17 or other qualified experts as to sexual
misconduct provided for in sub-section E. in the section on Prevention and Reporting. The coordinator of the
team is the priest member, unless the Bishop or his designated representative determines otherwise in a specific
case. The Bishop or his designated representative will request an update on findings and opinions from the
response team as to whether there is sufficient evidence to believe that an act of sexual abuse has occurred and
15
This is the definition of sexual abuse noted in the Charter.
16
It is noted that these precautionary measures apply primarily to those cases involving clerics. In those cases involving lay persons,
similar precautions must be applied that are in accordance with canon law.
17
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MAY 20, 2020
whether there is sufficient evidence to believe the accused committed the alleged act or acts of sexual abuse and
the recommendation of the response team within a specific period of time after appointment, but no more than
ten (10) days from appointment of the team. The Bishop will ensure that the review board receives the findings
and opinions of the response team and seek the advice of the review board on assessing the allegations. The
Bishop shall then determine the probable nature of the offense and issue a decree closing the preliminary
investigation. If it is determined that a delict was committed, and the accused is a cleric, the Congregation for
the Doctrine of the Faith shall be notified. If it has not already occurred, the Bishop shall see to it that diocesan
legal counsel, the diocesan finance officer, and the diocesan insurance provider are appropriately notified.
Depending upon the nature of the complaint, the accused may be suspended immediately by the Bishop
or his representative from any ministry in the Diocese while the investigation is in process.
The person making the allegation ordinarily will be required to meet with the response team. Formal
allegations must be reduced to writing and signed by the alleged victim, or the person making the allegation if it
is not the alleged victim.
If written allegations are obtained, the response team will then meet with the accused to present the
accusations. The accused will be required to respond to the allegations and the alleged victim or other accuser
may be present for this meeting at the discretion of the response team.
2. Reporting. The Bishop or his designated representative will also verify that all reporting
requirements of state law have been complied with as described in sub-section C. of the section on Prevention
and Reporting. In every instance, when possible, the Bishop will see to it that alleged victims are advised of
their right to make a report to public authorities and will support this right.18
3. Response to the victim. When sexual abuse is suspected, the victim and the victim's family
often experience shock, anger and other troubling emotions. When possible, the Bishop, his representative,
and/or the assistance coordinator will reach out to victims/survivors and their families and demonstrate a sincere
commitment to their spiritual and emotional well-being, seeking healing and reconciliation.19 Keeping in mind
the duty to cooperate with civil authorities and to avoid interaction with principals if such would or might
diminish the possibility of successful prosecution of criminal conduct, the initial investigator shall immediately
arrange to meet with the victim, or as is more likely, his/her parents or guardian, to offer assurance of the
concern of the Diocese and its commitment to hear and respond in an appropriate way to accusations, to explain
the process following the initial contact and to gather information.
If appropriate, the Bishop, his designated representative, and/or the assistance coordinator shall arrange
with the victim and the victim's family, by mutual agreement, for counseling services to be provided by
Catholic Charities of East Tennessee, Inc. or some other qualified agency, counselor, therapist or support group.
The expense of such counseling may be paid for by the Diocese at the discretion of the Bishop.
It is recognized that the ability to respond to the alleged victim might be influenced at times by the
person’s wish for anonymity, by the desire of the alleged victim’s family to limit access to the alleged victim, or
some other such circumstance.
18
Cf. Charter, art. 4 and Norms, n. 11.
19
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MAY 20, 2020
4. Response to the accused. If the Bishop determines that the allegation is deemed not
substantiated, he concludes the investigation, notifies the accused and, when necessary, takes every step
possible to restore his good name, should it have been harmed. In an instance in which there is sufficient
evidence to substantiate allegations of sexual abuse, the Bishop shall issue a decree according to canons 50 and
51 whereby he shall decide according to canons 1718 and 1719 whether a penal process should be set in motion.
In the instance that the accused is a cleric, the applicable Essential Norms20 and other canonical norms shall be
followed, and specifically, when even a single act of sexual abuse by a priest or deacon is admitted or is
established after an appropriate process in accord with canon law, the offending priest or deacon will be
removed permanently from ecclesiastical ministry, not excluding dismissal from the clerical state, if the case so
warrants.
The alleged offender should be encouraged to retain the assistance of his or her own legal counsel as
such will not be provided by the Diocese. Neither the Bishop nor any priest who may be involved in
investigation or resolution should hear the confession of the accused or other persons who may be involved. If
the Bishop, with the advice of the review board, determines that sexual abuse occurred, the alleged offender’s
employment or volunteer status shall be terminated immediately. If the accused is a cleric, the Diocese shall see
that the accused is provided with proper canonical counsel, and shall see that canonical norms are followed. As
appropriate, the Bishop will seek the advice of the review board on fitness for ministry.
5. Response to the local church community. Members of a parish or other church community
touched by an accusation of sexual abuse will suffer shock, anger and other troubling emotions. To assist the
local community in such a situation, the Bishop or his designated representative will coordinate pastoral
outreach, briefing sessions to address the disturbance within the community and will provide education and
resource persons for further follow-up. Special diligence should be applied to providing information to a local
church community involved in an accusation of sexual abuse. In this instance, the right of a victim to maximum
privacy should be guarded and the right of the accused to a good reputation and a fair trial should be protected.
6. Public Response. The Bishop or his designated representative will be in charge of public
communications. Such communications shall be forthright but subject to requirements of confidentiality,
privacy, and advice of legal counsel. Diocesan personnel, other than the Bishop or his designated
representative, are not to participate in public communications of any nature regarding an accusation of sexual
abuse. The right of the public to know information of a general nature is acknowledged. The right of a victim
to maximum privacy should be guarded, the right of an accused to a good reputation and to a fair trial should be
protected and the right of the state to initiate legal proceedings is recognized.
7. Transfers From The Diocese. No priest or deacon who has committed an act of sexual abuse of
a minor may be temporarily or permanently transferred (released or incardinated) for ministerial assignment to
another diocese/eparchy or religious province. Before a priest or deacon of the Diocese of Knoxville may be
transferred for residence to another diocese/eparchy or religious province, the Bishop will forward in a
confidential manner to the local bishop/eparch and religious ordinary (if applicable) of the proposed place of
residence any and all information concerning any act of sexual abuse of a minor and any other information
indicating that he has been or may be a danger to children or young people. This requirement applies even if
the priest or deacon will reside in the local community of an institute of consecrated life or society of apostolic
life (or, in the Eastern Churches, as a monk or other religious, in a society of common life according to the
20
Cf. esp. Norms 6 and 9
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MAY 20, 2020
manner of religious, in a secular institute or in another form of consecrated life or society of apostolic life.)
Note: Before the Bishop of the Diocese of Knoxville receives a priest or deacon from outside his jurisdiction,
the Bishop will obtain the necessary information regarding any past act of sexual abuse of a minor by the priest
or deacon in question. The Bishop of the Diocese of Knoxville must receive a signed, officially sealed “Letter
of Good Standing” from the bishop/eparch and religious ordinary (if applicable) of the diocese/eparchy where a
priest or deacon is coming from before he would be granted faculties to serve in the Diocese of Knoxville.
C. Sexual Exploitation of an Adult.
Sexual exploitation of an adult includes any kind of immoral sexual interaction between personnel or a
volunteer functioning for the Diocese and an adult who is receiving pastoral assistance or care from such
personnel or volunteer, whether initiated by one or the other.
1. Violation of trust. Sexual exploitation occurs when the trust vested by the victim in personnel
or a volunteer is used by that person in sexual interaction with the victim, no matter how willing the victim may
appear to be.
2. Accused. If an initial investigation21 indicates that sexual exploitation has occurred, the Bishop
or his designated representative will immediately communicate with the accused by written notice of the
allegation.
3. Admission. If, thereafter, there is an admission of sexual exploitation by the accused, such
admission should be in writing and a copy should become a permanent part of the personnel file of the accused
as provided in sub-section D. of the section on Prevention and Reporting. The accused will be suspended
immediately from any present involvement in any ministry in the Diocese. The immediate superior of the
person involved will be directed by the Bishop to place the person on leave of absence pending final resolution
of the matter.
4. Denial/Response team. If the accused denies sexual exploitation or fails to respond to an

allegation within forty-eight (48) hours after receipt of notice of the allegation, the Bishop or his designated
representative will appoint a response team of two (2) to five (5) persons from the membership of the review
board and/or the listing of experts provided for in sub-section E. of the section on Prevention and Reporting.
The coordinator of the team shall be specified by the Bishop or his designated representative. The Bishop or his
designated representative will request an update on the findings and opinions as to whether there is sufficient
evidence to believe that an act of sexual exploitation has occurred and whether there is sufficient evidence to
believe the accused committed the act or acts of sexual exploitation and the recommendation of the response
team within a specific period of time after appointment, but no more than ten (10) days from the appointment of
the team. The Bishop will ensure the review board is informed of the findings and opinions of the response
team.
Depending upon the nature of the complaint, the accused may be suspended immediately by the Bishop
or his representative from any ministry in the Diocese while the investigation is in process.
The person making the allegation ordinarily will be required to meet with the response team. Formal
allegations must be reduced to writing and signed by the alleged victim, or the person making the allegation if it
21
If the circumstances described in canon 1395.1 are met, the Bishop shall see that the applicable norms of c. 1717ff. are followed.
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MAY 20, 2020
is not the alleged victim.
If written allegations are obtained, the response team will then meet with the accused to present the
accusations. The accused will be required to respond to the allegations and the alleged victim or other accuser
may be present for this meeting at the discretion of the response team.
After meeting with the parties, the response team shall make findings, opinions and recommendations to
the Bishop or his designated representative as above described.
If by finding of sufficient evidence allegations of sexual exploitation are substantiated, the Bishop will
direct the accused person's supervisor to place the person on leave of absence from any present involvement in
any ministry in the Diocese pending final resolution of the matter.
If the response team does not find sufficient evidence to believe that sexual exploitation has occurred or
to believe that the accused committed the act or acts alleged, it shall so state in a written report signed by the
team. Such a report shall be retained in accord with sub-section D. of the section above on Prevention and
Reporting.
5. Response to the alleged victim. When sexual exploitation is alleged, the initial investigator
and/or the assistance coordinator must immediately arrange to meet with the alleged victim to offer assurance of
the concern of the Diocese and its commitment to hear and respond in an appropriate way to the accusations, to
explain the process following the initial contact and to gather information. Whether the initial investigator
should have contact with the alleged victim's family is within the discretion of the initial investigator, taking
into account the wishes of the alleged victim and the right of privacy.
If appropriate, the Bishop, his designated representative, or the assistance coordinator shall arrange with
the alleged victim and the alleged victim's family, by mutual agreement, for counseling services, if appropriate,
to be provided by Catholic Charities of East Tennessee, Inc. or some other qualified agency, counselor, therapist
or support group. The expense of such counseling may be paid for by the Diocese at the discretion of the
Bishop.
6. Response to the accused. An accused, when sexual exploitation is alleged, should be informed
that he or she may obtain his or her own legal counsel as such will not be provided by the Diocese. Neither the
Bishop nor any priest who may be involved in investigation or resolution should hear the confession of the
accused or other persons who may be involved.
Psychiatric/psychological evaluation by a facility or counselor approved by the Diocese may be required

before consideration is given to future ministry in the Diocese. An accused may be required to bear the expense
of such an evaluation.
Decisions regarding continued compensation for an accused will be made appropriate to each situation.
Only with permission of the Bishop may a person guilty of sexual exploitation of an adult be returned to
future ministry in the Diocese. When an accused is permitted to return to active ministry, conditions to be
followed will be set out in writing. Such conditions may include but are not limited to supervision, professional
counseling, spiritual direction, penance, participation in support groups and any other form of rehabilitative
activity considered appropriate under the circumstances.
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MAY 20, 2020
7. Public Response. The Bishop or his designated representative will determine whether public
response is warranted considering the facts of each separate case of sexual exploitation. The Bishop and his
designated representative will be in charge of public communications. Diocesan personnel or volunteers, other
than the Bishop and his designated representative, are not to participate in public communications of any nature
regarding an accusation of sexual exploitation. Such communication, if any, shall be forthright but subject to
requirements of confidentiality, privacy and advice of counsel. The privacy of a victim shall be honored, but
the rights of the accused shall not be ignored. The right of the public in certain situations to know information
of general nature is acknowledged. The right of a victim to maximum privacy should be guarded, the right of
an accused to a fair trial and a good reputation should be protected and the right of the state to initiate legal
proceedings is recognized.
D. Sexual Harassment.
Sexual Harassment includes the continuing unwanted sexual advances by personnel or a volunteer for
the Diocese in the context of Diocesan service.
1. Definition. Sexual harassment is defined as unwelcome sexual advances, requests for sexual
favors or other verbal or physical conduct of a sexual nature. This conduct constitutes prohibited sexual
harassment when (1) submission to such conduct is either explicitly or implicitly made a term or condition of an
individual's employment; (2) submission to or rejection of such conduct is used as the basis for an employment
decision; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work
performance or creating an intimidating, hostile or offensive work environment. Where sexual harassment
usually involves members of the opposite sex, it also includes “same sex harassment” (i.e. males harassing
males or females harassing females because of the victim’s sex).
2. Examples. Sexual harassment does not refer to behavior or occasional compliments of a

socially acceptable nature. It refers to behavior that is not welcome, that makes one feel uncomfortable, that is
embarrassing, humiliating, or personally offensive, that fails to respect the rights of others. One specific form is
the demand for sexual favors. Sexual harassment can also include sexual innuendoes, suggestive comments,
jokes of a sexual nature, sexual propositions, threats, offensive or obscene language, sexually suggestive
objects, graffiti, cartoons, calendars, suggestive or insulting sounds, stalking, staring, making obscene gestures
and unwanted or unwelcome physical contact.
3. Unwanted Conduct/Reporting. Victims of said harassment are encouraged, and in fact, have
the responsibility to bring any form of sexual harassment to the immediate attention of one of the following
individuals: the employee’s supervisor, the employee’s supervisor’s immediate supervisor, the Pastor or
Principal (where applicable), or the Diocesan Chancellor, who is the Bishop’s designated representative to
receive such reports. It is recommended that the victim make the accused aware that his/her conduct is
unwanted or unwelcome, but that is not a requirement. Moreover, the victim does not have to complain first to
the offending person before using this complaint procedure. The report should be in writing and specifically
describe the acts of harassment, including the name of individual being charged, the identity of any witnesses,
the time and location of the harassment, and the nature of the working relationship between the complainant and
the alleged offender. If the victim is uncomfortable submitting a written report, the complaint will nevertheless
be investigated.
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MAY 20, 2020
4. Reports and Response. Upon receipt of a complaint, the individual receiving the complaint
shall immediately make a report to the Bishop according to the terms of sub-section C. of the section on
Prevention and Reporting.
Upon receipt of such a report, the Bishop, depending upon the facts of each such case, will require a
prompt investigation by an individual with prior experience or training to conduct such an investigation. Such
an investigation will be confidential to the extent practical and appropriate under the circumstances. Such an
investigation will consist of interviews with the complaining party, the accused and any witnesses and a review
of any relevant documents. The investigator will summarize his or her findings in a written report to the Bishop
within the time required by the Bishop. The Bishop will share this report with the review board.
If there is sufficient evidence to believe that sexual harassment occurred as reported, the Diocese will
take a prompt remedial action designed to see that the harassment ceases. The accused will be subject to
appropriate disciplinary measures including, but not limited to, a verbal warning, a written warning, counseling,
probation, suspension, demotion and/or termination depending upon the severity of the harassing conduct. A
written record of any such disciplinary measure shall be included in the personnel records of the accused in
accord with the terms of sub-section D. of the section on Prevention and Reporting.
In situations involving a finding of sufficient evidence, the Bishop or his designated representative may
provide appropriate counseling to the victim by a duly qualified counselor approved by the Diocese. Public
communications, if any, shall be the prerogative of the Bishop or his designated representative. The rights of
the victim and the accused to privacy and a good reputation will be respected.
If investigation reveals that sexual harassment did not occur, such a finding will be disclosed to the
complaining party and the accused and a written report of alleged harassment will not become a part of either
employee's personnel file. If after investigation it cannot be determined whether sexual harassment occurred,
such a finding will be communicated to the complaining party and the accused and such report shall be included
in the personnel files of both parties.
Allegations of sexual harassment by a volunteer will be processed and dealt with according to rules
established as to personnel.
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MAY 20, 2020
APPENDIX A
1. DEFINITIONS. As used in this document, the following terms have the stated meaning:
A. Adult–A person who is eighteen years of age or older, whether impaired (lacks the use of
reason) or unimpaired.
B. Minor–A person who is under eighteen years of age. The word child is used as a synonym for
minor herein.
C. Cleric–A man who has been ordained for the service of the Diocese and who remains
incardinated therein, or an ordained minister who has received an official assignment in the diocese from the
Bishop, or an ordained minister who has been permitted to periodically exercise his ministry on behalf of the
Diocese by the Bishop.
D. Delict–(canonical term) an ecclesial offense which warrants a penalty.
E. Diocese of Knoxville–The Bishop and his representatives, all parishes within the Diocese, and
all subsidiary and affiliated or approved organizations including, but not limited to schools, social agencies, and
other Diocesan organizations.
F. Employee–Anyone paid a wage or a salary by the Diocese, a parish or other subsidiary or

affiliated organization of the Diocese.
G. Independent Contractor–A person engaged to accomplish a specific result without direction

from the other party to the contract as to the methods used to accomplish the result. When the term independent
contractor is used herein, it contemplates those independent contractors with the Diocese who undertake
pastoral service or who perform their work in the proximity of minors and/or vulnerable adults on a regular
basis.
H. Minister–Refers to a member of a religious institute or any lay person appointed by the Bishop
or by the Pastor of a parish to serve the religious needs of others; such persons may be catechists, pastoral
assistants, youth ministers, family ministers, music ministers, or others serving by appointment.
I. Pastoral Service–Rendering care and assistance as a representative of the Diocese.
J. Personnel–Those officially representing the Diocese including clerics, religious, employees,

ministers and independent contractors.
K. Religious–A member of an Institute of Consecrated Life or a Society of Apostolic Life.
L. Service Organizations–Subsidiary and affiliated organizations of the Diocese such as schools,

social agencies, scout troops, youth groups, athletic teams, etc.
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MAY 20, 2020
M. Sexual Abuse–Sexual abuse of a minor or vulnerable adult includes sexual molestation or sexual
exploitation of a minor or vulnerable adult and other behavior by which an adult uses a minor or vulnerable
adult as an object of sexual gratification. Sexual abuse has been defined by different civil authorities in various
ways, and this policy does not adopt any particular definition in civil law. Rather, the transgressions in question
relate to obligations arising from divine commands regarding human sexual interaction as conveyed to us by the
sixth commandment of the Decalogue. Thus, the norm to be considered in assessing an allegation of sexual
abuse of a minor or vulnerable adult is whether conduct or interaction with a minor or vulnerable adult qualifies
as an external, objectively grave violation of the sixth commandment. The offense against the sixth
commandment of the Decalogue need not be a complete act of intercourse. Nor, to be objectively grave, does
an act need to involve force, physical contact or a discernible harmful outcome. For purposes of this Policy, the
offense of sexual abuse of a minor will be understood in accord with the provisions of Sacramentorum
sanctitatis tutela (SST), article 6, which reads:
§1. The more grave delicts against morals which are reserved to the Congregation for the Doctrine of the Faith
are:
1o the delict against the sixth commandment of the Decalogue committed by a cleric with a minor below
the age of eighteen years; in this case, a person who habitually lacks the use of reason is to be considered
equivalent to a minor.
2o the acquisition, possession, or distribution by a cleric of pornographic images of minors under the age
of eighteen, for purposes of sexual gratification, by whatever means or using whatever technology;
§2. A cleric who commits the delicts mentioned above in §1 is to be punished according to the gravity of his
crime, not excluding dismissal or deposition.
N. Sexual Exploitation–Any kind of immoral sexual interaction between personnel or a regular

volunteer functioning for the Diocese and an adult who is receiving pastoral assistance or care from such
personnel or volunteer, whether initiated by one or the other.
O. Sexual Harassment–Continuing unwanted sexual advances by personnel or a regular volunteer

functioning for the Diocese in the context of Diocesan service.
P. Sexual Misconduct–Any form of sexual conduct of Diocesan personnel or regular volunteers

while performing the work of the Diocese which is unlawful or contrary to moral instruction, doctrines and
canon law of the Roman Catholic Church. Recognized forms of sexual misconduct are sexual abuse, sexual
exploitation, and sexual harassment.
Q. Sufficient Evidence–An admission, or the existence of such facts and circumstances as would
cause a cautious, prudent and reasonable mind to believe that an accusation is likely to be true, realistic or
probable.
R. Supervision–Observation and direction by a superior as required in this Statement of Policy.
S. TCA–Tennessee Code Annotated
T. Victim–The person who is the object of some form of sexual misconduct.
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MAY 20, 2020
U. Volunteer–A person other than personnel who will have contact with children or vulnerable
adults with the approval of the Bishop, a pastor or another person exercising authority. Included within this
category of volunteers are catechists, scout leaders, coaches, youth ministers, coordinators, interns, students,
teachers, chaperones, drivers and others in similar capacities.
V. Vulnerable Adult–A person eighteen (18) years of age or older who is impaired by reason of
physical, mental or emotional handicap and who is unable or unlikely to report sexual misconduct without
assistance.
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APPENDIX B
________________________________________________________________________________________
1. APPLICABLE STATE LAWS *
(A) 37-1-601. Prevention of child sexual abuse deemed priority of state -- Comprehensive
approach -- Purpose and construction of part.
(a) The incidence of child sexual abuse has a tremendous impact on the victimized child,
siblings, family structure, and inevitably on all citizens of this state, and has caused the general assembly to
determine that the prevention of child sexual abuse shall be a priority of this state. To further this end, it is the
intent of the general assembly that a comprehensive approach for the detection, intervention, prevention and
treatment of child sexual abuse be developed for the state and that this planned, comprehensive approach be
used as a basis for funding.
(b) The purpose of this part shall be the same as that of part 4 of this chapter, and, except as
may be expressly herein provided, the provisions of this part shall not be construed as repealing any provisions
of part 4 of this chapter or of any other statute, but shall be supplementary thereto and cumulative thereof.
(B) "Child sexual abuse" also means the commission of any act involving the unlawful sexual abuse,
molestation, fondling or carnal knowledge of a child under thirteen (13) years of age that on or after November
1, 1989, constituted the criminal offense of:
(i) Aggravated rape under § 39-13-502;
(ii) Aggravated sexual battery under § 39-13-504;
(iii) Aggravated sexual exploitation of a minor under § 39-17-1004;
(iv) Criminal attempt as provided in § 39-12-101 for any of the offenses in (a)(3)(B)(i)-(iii);
(v) Especially aggravated sexual exploitation of a minor under § 39-17-1005;
(vi) Incest under § 39-15-302;
(vii) Rape under § 39-13-503;
(viii) Sexual battery under § 39-13-505; or
(ix) Sexual exploitation of a minor under § 39-17-1003;
(C) "Child sexual abuse" also means one (1) or more of the following acts:
(i) Any penetration, however slight, of the vagina or anal opening of one (1) person by the
penis of another person, whether or not there is the emission of semen;
(ii) Any contact between the genitals or anal opening of one (1) person and the mouth or
tongue of another person;
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MAY 20, 2020
(iii) Any intrusion by one (1) person into the genitals or anal opening of another person,
including the use of any object for this purpose, except that it shall not include acts intended for a valid medical
purpose;
(iv) The intentional touching of the genitals or intimate parts, including the breasts, genital
area, groin, inner thighs, and buttocks, or the clothing covering them, of either the child or the perpetrator,
except that it shall not include:
(a) Acts that may reasonably be construed to be normal caretaker responsibilities,

interactions with, or affection for a child; or
(b) Acts intended for a valid medical purpose;
(v) The intentional exposure of the perpetrator's genitals in the presence of a child, or any
other sexual act intentionally perpetrated in the presence of a child, if such exposure or sexual act is for the
purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose;
(vi) The sexual exploitation of a child, which includes allowing, encouraging, or forcing a
child to:
(a) Solicit for or engage in prostitution; or
(b) Engage in an act prohibited by § 39-17-1003; and
(D) For the purposes of the reporting, investigation, and treatment provisions of §§ 37-1-603 -- 37-1-
615 "child sexual abuse" also means the commission of any act specified in subdivisions (a)(3)(A)-(C) against a
child thirteen (13) years of age through seventeen (17) years of age if such act is committed against the child by
a parent, guardian, relative, person residing in the child's home, or other person responsible for the care and
custody of the child;
(4) "Department" means the department of children's services;
(5) "Guardian ad litem" means a responsible adult who is appointed by the court to represent
the best interests of a child in a proceeding as provided for by law, who shall be a party to any judicial
proceeding as a representative of the child, and who shall serve until discharged by the court;
(6) "Institutional child sexual abuse" means situations of known or suspected child sexual
abuse in which the person allegedly perpetrating the child sexual abuse is an employee of a public or private
child care agency, public or private school, or any other person responsible for the child's care;
(7) "Mental injury" means an injury to the intellectual or psychological capacity of a child as
evidenced by a discernible and substantial impairment in the child's ability to function within the child's normal
range of performance and behavior, with due regard to the child's culture; and
(8) "Other person responsible for a child's care or welfare" includes, but is not limited to, the
child's legal guardian, legal custodian, or foster parent; an employee of a public or private child care agency,
public or private school; or any other person legally responsible for the child's welfare in a residential setting.
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(b) Harm to a child's health or welfare can occur when the parent or other person responsible
for the child's welfare:
(1) Commits, or allows to be committed, child sexual abuse as defined in

subdivisions (a)(3)(A)-(C); or
(2) Exploits a child under eighteen (18) years of age, or allows such child to be
exploited, as provided in §§ 39-17-1003 -- 39-17-1005.
37-1-605. Reports of known or suspected child sexual abuse -- Investigations -- Notification to

parents of abuse on school grounds or while under school supervision -- Confidentiality of records.
(a) Any person including, but not limited to, any:
(1) Physician, osteopathic physician, medical examiner, chiropractor, nurse or

hospital personnel engaged in the admission, examination, care or treatment of persons;
(2) Health or mental health professional other than one listed in subdivision (1);
(3) Practitioner who relies solely on spiritual means for healing;
(4) School teacher or other school official or personnel;
(5) Judge of any court of the state;
(6) Social worker, day care center worker, or other professional child care, foster care,
residential or institutional worker;
(7) Law enforcement officer; or
(8) Neighbor, relative, friend or any other person who knows or has reasonable cause to
suspect that a child has been sexually abused; shall report such knowledge or suspicion to the department in the
manner prescribed in subsection (b).
(b) (1) Each report of known or suspected child sexual abuse pursuant to this section
shall be made immediately to the local office of the department responsible for the investigation of reports made
pursuant to this section or to the judge having juvenile jurisdiction or to the office of the sheriff or the chief law
enforcement official of the municipality where the child resides. Each report of known or suspected child sexual
abuse occurring in a facility licensed by the department of mental health, as defined in § 33-2-403, or any
hospital, shall also be made to the local law enforcement agency in the jurisdiction where such offense
occurred. In addition to those procedures provided by this part, the provisions of § 37-1-405 shall also apply to
all cases reported hereunder.
(2) If a law enforcement official or judge becomes aware of known or suspected child
sexual abuse, ….. (not applicable to this document)
(3) Reports involving known or suspected institutional child sexual abuse shall be
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made and received in the same manner as all other reports made pursuant to this section.
(c) Any person required to report or investigate cases of suspected child sexual abuse who
has reasonable cause to suspect that a child died as a result of child sexual abuse shall report such suspicion to
the appropriate medical examiner. The medical examiner shall accept the report for investigation and shall
report the medical examiner's findings, in writing, to the local law enforcement agency, the appropriate district
attorney general, and the department. Autopsy reports maintained by the medical examiner shall not be subject
to the confidentiality requirements provided for in § 37-1-612.
(d) (1) Notwithstanding § 37-5-107 or § 37-1-612 or any other law to the contrary, if a
school teacher, school official or any other school personnel has knowledge or reasonable cause to suspect that
a child who attends such school may be a victim of child abuse or child sexual abuse sufficient to require
reporting pursuant to this section and that the abuse occurred on school grounds or while the child was under
the supervision or care of the school, then the principal or other person designated by the school shall verbally
notify the parent or legal guardian of the child that a report pursuant to this section has been made and shall
provide other information relevant to the future well-being of the child while under the supervision or care of
the school. The verbal notice shall be made in coordination with the department of children's services to the
parent or legal guardian within twenty-four (24) hours from the time the school, school teacher, school official
or other school personnel reports the abuse to the department of children's services; provided, that in no event
may the notice be later than twenty-four (24) hours from the time the report was made. The notice shall not be
given to any parent or legal guardian if there is reasonable cause to believe that the parent or legal guardian may
be the perpetrator or in any way responsible for the child abuse or child sexual abuse.
(2) Once notice is given pursuant to subdivision (d)(1), the principal or other
designated person shall provide to the parent or legal guardian all school information and records relevant to the
alleged abuse or sexual abuse, if requested by the parent or legal guardian; provided, that the information is
edited to protect the confidentiality of the identity of the person who made the report, any other person whose
life or safety may be endangered by the disclosure, and any information made confidential pursuant to federal
law or § 10-7-504(a)(4). The information and records described in this subdivision (d)(2) shall not include
records of other agencies or departments.
(3) For purposes of this subsection (d), "school" means any public or privately
operated child care agency, as defined in § 71-3-501, preschool, nursery school, kindergarten, elementary
school or secondary school.
40-39-201. Short title -- Legislative findings.
(a) This part shall be known as and may be cited as the "Tennessee Sexual Offender and
Violent Sexual Offender Registration, Verification and Tracking Act of 2004."
(b) The general assembly finds and declares that:
(1) Repeat sexual offenders, sexual offenders who use physical violence and sexual
offenders who prey on children are violent sexual offenders who present an extreme threat to the public safety.
Sexual offenders pose a high risk of engaging in further offenses after release from incarceration or
commitment and protection of the public from these offenders is of paramount public interest;
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MAY 20, 2020
(2) It is a compelling and necessary public interest that the public have information
concerning persons convicted of sexual offenses collected pursuant to this part, to allow members of the public
to adequately protect themselves and their children from these persons;
(3) Persons convicted of these sexual offenses have a reduced expectation of privacy
because of the public's interest in public safety;
(4) In balancing the sexual offender's and violent sexual offender's due process and
other rights against the interests of public security, the general assembly finds that releasing information about
offenders under the circumstances specified in this part will further the primary governmental interest of
protecting vulnerable populations from potential harm;
(5) The registration of offenders, utilizing complete and accurate information, along
with the public release of specified information concerning offenders, will further the governmental interests of
public safety and public scrutiny of the criminal and mental health systems that deal with these offenders;
(6) To protect the safety and general welfare of the people of this state, it is necessary
to provide for continued registration of offenders and for the public release of specified information regarding
offenders. This policy of authorizing the release of necessary and relevant information about offenders to
members of the general public is a means of assuring public protection and shall not be construed as punitive;
(7) The offender is subject to specified terms and conditions that are implemented at
sentencing or, at the time of release from incarceration, that require that those who are financially able must pay
specified administrative costs to the appropriate registering agency, which shall retain one hundred dollars
($100) of these costs for the administration of this part and shall be reserved for the purposes authorized by this
part at the end of each fiscal year, with the remaining fifty dollars ($50.00) of fees to be remitted to the
Tennessee bureau of investigation's sex offender registry; provided, that a juvenile offender required to register
under this part shall not be required to pay the administrative fee until the offender reaches eighteen (18) years
of age; and
(8) The general assembly also declares, however, that in making information about
certain offenders available to the public, the general assembly does not intend that the information be used to
inflict retribution or additional punishment on those offenders..
37-1-613. Immunity from civil or criminal liability.
Any person making a report of child sexual abuse shall be afforded the same immunity
and shall have the same remedies as provided by § 37-1-410 for other persons reporting harm to a child. Any
other person, official or institution participating in good faith in any act authorized or required by this part shall
be immune from any civil or criminal liability that might otherwise result by reason of such action.
37-1-615: Violation/Penalties.
(a) Any person required to report known or suspected child sexual abuse who knowingly and
willfully fails to do so, or who knowingly and willfully prevents another person from doing so, commits a Class
A misdemeanor.
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(b) Any person who knowingly and willfully makes public or discloses any confidential
information contained in the abuse registry or in the records of any child sexual abuse case, except as provided
in this part, commits a Class A misdemeanor.
37-1-403. Reporting of brutality, abuse, neglect or child sexual abuse -- Notification to parents
of abuse on school grounds or under school supervision -- Confidentiality of records.
(a) (1) Any person who has knowledge of or is called upon to render aid to any child
who is suffering from or has sustained any wound, injury, disability, or physical or mental condition shall report
such harm immediately if the harm is of such a nature as to reasonably indicate that it has been caused by
brutality, abuse or neglect or that, on the basis of available information, reasonably appears to have been caused
by brutality, abuse or neglect.
(2) Any such person with knowledge of the type of harm described in this subsection
(a) shall report it, by telephone or otherwise, to the:
(A) Judge having juvenile jurisdiction over the child;
(B) Department, in a manner specified by the department, either by contacting

a local representative of the department or by utilizing the department's centralized intake procedure, where
applicable;
(C) Sheriff of the county where the child resides; or
(D) Chief law enforcement official of the municipality where the child resides.
(3) If any such person knows or has reasonable cause to suspect that a child has been
sexually abused, the person shall report such information in accordance with § 37-1-605, relative to the sexual
abuse of children, regardless of whether such person knows or believes that the child has sustained any apparent
injury as a result of such abuse.
(b) The report shall include, to the extent known by the reporter, the name,
address, telephone number and age of the child, the name, address, and telephone number of the person
responsible for the care of the child, and the facts requiring the report. The report may include any other
pertinent information.
(i) (1) Any school official, personnel, employee or member of the board of
education who is aware of a report or investigation of employee misconduct on the part of any employee of the
school system that in any way involves known or alleged child abuse, including, but not limited to, child
physical or sexual abuse or neglect, shall immediately upon knowledge of such information notify the
department of children's services or anyone listed in subdivision (a)(2) of the abuse or alleged abuse.
(2) Notwithstanding § 37-5-107 or § 37-1-612 or any other law to the

contrary, if a school teacher, school official or any other school personnel has knowledge or reasonable cause to
suspect that a child who attends such school may be a victim of child abuse or child sexual abuse sufficient to
require reporting pursuant to this section and that the abuse occurred on school grounds or while the child was
under the supervision or care of the school, then the principal or other person designated by the school shall
verbally notify the parent or legal guardian of the child that a report pursuant to this section has been made and
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MAY 20, 2020
shall provide other information relevant to the future wellbeing of the child while under the supervision or care
of the school. The verbal notice shall be made in coordination with the department of children's services to the
parent or legal guardian within twenty-four (24) hours from the time the school, school teacher, school official
or other school personnel reports the abuse to the department of children's services, judge or law enforcement;
provided, that in no event may the notice be later than twenty-four (24) hours from the time the report was
made. The notice shall not be given to any parent or legal guardian if there is reasonable cause to believe that
the parent or legal guardian may be the perpetrator or in any way responsible for the child abuse or child sexual
abuse.
(3) Once notice is given pursuant to subdivision (i)(2), the principal or other
designated person shall provide to the parent or legal guardian all school information and records relevant to the
alleged abuse or sexual abuse, if requested by the parent or legal guardian; provided, that the information is
edited to protect the confidentiality of the identity of the person who made the report, any other person whose
life or safety may be endangered by the disclosure and any information made confidential pursuant to federal
law or § 10-7-504(a)(4). The information and records described in this subdivision (i)(3) shall not include
records of other agencies or departments.
(4) For purposes of this subsection (i), "school" means any public or privately
operated child care agency, as defined in § 71-3-501, preschool, nursery school, kindergarten, elementary
school or secondary school.
37-1-412. Violation of duty to report -- Power of juvenile court -- Penalty.
(a) Any person who knowingly fails to make a report required by § 37-1-403 commits a
Class A misdemeanor.
(b) A juvenile court having reasonable cause to believe that a person is guilty of violating
this section may have the person brought before the court either by summons or by warrant. If the defendant
pleads not guilty, the juvenile court judge shall bind the defendant over to the grand jury. If the defendant
pleads guilty and waives, in writing, indictment, presentment, grand jury investigation, and trial by jury, the
juvenile court judge shall sentence the defendant under this section with a fine not to exceed two thousand five
hundred dollars ($2,500).
37-1-413. False reporting of child sexual abuse or false accusation that a child has sustained
any wound, injury, disability or physical or mental condition caused by brutality, abuse or neglect --
Penalty.
Any person who either verbally or by written or printed communication knowingly and
maliciously reports, or causes, encourages, aids, counsels or procures another to report, a false accusation of
child sexual abuse or false accusation that a child has sustained any wound, injury, disability or physical or
mental condition caused by brutality, abuse or neglect commits a Class E felony.
37-1-414. Persons working with children -- Fingerprinting -- Release of investigative and

criminal records.
(a) A religious, charitable, scientific, educational, athletic or youth service institution or

organization may require any person, who applies to work with children as a volunteer or as a paid employee, to
do one (1) or more of the following:
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(1) Agree to the release of all investigative records to such religious, charitable,
scientific, educational, athletic, or youth service institution or organization for examination for the purpose of
verifying the accuracy of criminal violation information contained on an application to work for such institution
or organization;
(2) Supply fingerprint samples and submit to a criminal history records check to be
conducted by the Tennessee bureau of investigation and the federal bureau of investigation; or
(3) Attend a comprehensive youth protection training program that includes adult
training on recognition, disclosure, reporting and prevention of abuse and submit to character, employment,
education and reference checks.
(b) Any costs incurred by the Tennessee bureau of investigation or the federal bureau of
investigation in conducting such investigation of applicants shall be paid by the religious, charitable, scientific,
educational, or athletic institution or organization requesting such investigation and information. Payment of
such costs are to be made in accordance with the provisions of § 38-6-103.
38-6-109. Verification of criminal violation information.
(a) The Tennessee bureau of investigation shall process requests for criminal background
checks from any authorized persons, organizations or entities permitted by law to seek criminal history
background checks on certain persons, pursuant to a format and under procedures as it may require.
(d) The fees for fingerprint searches shall be the same for a Tennessee search as for a federal
bureau of investigation search and shall be according to the fee schedule established by the federal bureau of
investigation.
38-6-110. Central registry for sexual offenders.
(a) The Tennessee bureau of investigation shall establish a central registry of sexual
offenders modeled after statutes enacted in other states. The registry shall include all validated offenders from
files maintained by the department of children's services, all persons who have been arrested for the commission
of a sexual offense, and all persons who have been convicted of a sexual offense.
(b) The departments of correction and children's services and local law enforcement agencies
shall cooperate fully in the creation and updating of the central registry.
40-39-201. Short title -- Legislative findings.
(a) This part shall be known as and may be cited as the "Tennessee Sexual Offender and
Violent Sexual Offender Registration, Verification and Tracking Act of 2004."
(b) The general assembly finds and declares that:
(1) Repeat sexual offenders, sexual offenders who use physical violence and sexual
offenders who prey on children are violent sexual offenders who present an extreme threat to the public safety.
Sexual offenders pose a high risk of engaging in further offenses after release from incarceration or
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MAY 20, 2020
commitment and protection of the public from these offenders is of paramount public interest;
(2) It is a compelling and necessary public interest that the public have information
concerning persons convicted of sexual offenses collected pursuant to this part, to allow members of the public
to adequately protect themselves and their children from these persons;
(3) Persons convicted of these sexual offenses have a reduced expectation of privacy
because of the public's interest in public safety;
(4) In balancing the sexual offender's and violent sexual offender's due process and
other rights against the interests of public security, the general assembly finds that releasing information about
offenders under the circumstances specified in this part will further the primary governmental interest of
protecting vulnerable populations from potential harm;
(5) The registration of offenders, utilizing complete and accurate information, along
with the public release of specified information concerning offenders, will further the governmental interests of
public safety and public scrutiny of the criminal and mental health systems that deal with these offenders;
(6) To protect the safety and general welfare of the people of this state, it is necessary
to provide for continued registration of offenders and for the public release of specified information regarding
offenders. This policy of authorizing the release of necessary and relevant information about offenders to
members of the general public is a means of assuring public protection and shall not be construed as punitive;
(7) The offender is subject to specified terms and conditions that are implemented at
sentencing or, at the time of release from incarceration, that require that those who are financially able must pay
specified administrative costs to the appropriate registering agency, which shall retain one hundred dollars
($100) of these costs for the administration of this part and shall be reserved for the purposes authorized by this
part at the end of each fiscal year, with the remaining fifty dollars ($50.00) of fees to be remitted to the
Tennessee bureau of investigation's sex offender registry; provided, that a juvenile offender required to register
under this part shall not be required to pay the administrative fee until the offender reaches eighteen (18) years
of age; and
(8) The general assembly also declares, however, that in making information about
certain offenders available to the public, the general assembly does not intend that the information be used to
inflict retribution or additional punishment on those offenders.
40-39-211. Residential and work restrictions.
(a) While mandated to comply with the requirements of this chapter, no sexual offender, as
defined in § 40-39-202, or violent sexual offender, as defined in § 40-39-202, whose victim was a minor, shall
knowingly establish a primary or secondary residence or any other living accommodation, knowingly obtain
sexual offender treatment or attend a sexual offender treatment program or knowingly accept employment
within one thousand feet (1,000') of the property line of any public school, private or parochial school, licensed
day care center, other child care facility, public park, playground, recreation center or public athletic field
available for use by the general public.
(b) No sexual offender, violent sexual offender, or violent juvenile sexual offender, as those
terms are defined in § 40-39-202, shall knowingly:
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(1) Reside within one thousand feet (1,000') of the property line on which the
offender's former victims or the victims' immediate family members reside;
(2) Come within one hundred feet (100') of any of the offender's former victims,
except as otherwise authorized by law; or
(3) Contact any of the offender's former victims or the victims' immediate family
members without the consent of the victim or consent of the victim's parent or guardian if the victim is a minor
being contacted by telephone, in writing, by electronic mail, Internet services or any other form of electronic
communication, unless otherwise authorized by law.
(c) While mandated to comply with the requirements of this part, no sexual offender, as
defined in § 40-39-202, or violent sexual offender, as defined in § 40-39-202, whose victim was a minor, shall
knowingly reside with a minor. Notwithstanding this subsection (c), the offender may reside with a minor if the
offender is the parent of the minor, unless one (1) of the following conditions applies:
(1) The offender's parental rights have been or are in the process of being terminated
as provided by law; or
(2) Any minor or adult child of the offender was a victim of a sexual offense or
violent sexual offense committed by the offender.
(d)
(1) No sexual offender, as defined in § 40-39-202, or violent sexual offender, as
defined in § 40-39-202, shall knowingly:
(A) Be upon or remain on the premises of any building or grounds of any public
school, private or parochial school, licensed day care center, other child care facility, public park, playground,
recreation center or public athletic field available for use by the general public in this state when the offender
has reason to believe children under eighteen (18) years of age are present;
(B) Stand, sit idly, whether or not the offender is in a vehicle, or remain within one
thousand feet (1,000') of the property line of any building owned or operated by any public school, private or
parochial school, licensed day care center, other child care facility, public park, playground, recreation center or
public athletic field available for use by the general public in this state when children under eighteen (18) years
of age are present, while not having a reason or relationship involving custody of or responsibility for a child or
any other specific or legitimate reason for being there; or
(C) Be in any conveyance owned, leased or contracted by a school, licensed day care
center, other child care facility or recreation center to transport students to or from school, day care, child care,
or a recreation center or any related activity thereof when children under eighteen (18) years of age are present
in the conveyance.
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(2) Subdivision (d)(1) shall not apply when the offender:
(A) Is a student in attendance at the school;
(B) Is attending a conference with school, day care, child care, park, playground or
recreation center officials as a parent or legal guardian of a child who is enrolled in the school, day care center,
other child care center or of a child who is a participant at the park, playground or recreation center and has
received written permission or a request from the school's principal or the facility's administrator;
(C) Resides at a state licensed or certified facility for incarceration, health or

convalescent care; or
(D) Is dropping off or picking up a child or children and the person is the child or
children's parent or legal guardian who has provided written notice of the parent's offender status to the school's
principal or a school administrator upon enrollment.
(3) The exemption provided in subdivision (d)(2)(B) shall not apply if the victim of the
offender's sexual offense or violent sexual offense was a minor at the time of the offense and the victim is
enrolled in the school, day care center, recreation center or other child care center that is participating in the
conference or other scheduled event.
(e) Changes in the ownership or use of property within one thousand feet (1,000') of
the property line of an offender's primary or secondary residence or place of employment that occur after an
offender establishes residence or accepts employment shall not form the basis for finding that an offender is in
violation of the residence restrictions of this section.
(f) A violation of this part is a Class E felony. No person violating this part shall be
eligible for suspension of sentence, diversion or probation until the minimum sentence is served in its entirety.
(g) (1) The first violation of this part is punishable by a fine of not less than three
hundred fifty dollars ($350) and imprisonment for not less than ninety (90) days.
(2) A second violation of this part is punishable by a fine of not less than six
hundred dollars ($600) and imprisonment for not less than one hundred eighty (180) days.
(3) A third or subsequent violation of this part is punishable by a fine of not

less than one thousand one hundred dollars ($1,100) and imprisonment for not less than one (1) year.
(4) A violation of this part due solely to a lack of the written permission
required pursuant to subdivision (d) (2) shall be punishable by fine only.
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(h) (1)
(A) While mandated to comply with the requirements of this part, it is an
offense for three (3) or more sexual offenders, as defined in § 40-39-202, or violent sexual offenders, as defined
in § 40-39-202, or a combination thereof, to establish a primary or secondary residence together or inhabit the
same primary or secondary residence at the same time.
(B) Each sexual offender or violent sexual offender who establishes or

inhabits a primary or secondary residence in violation of subdivision (h)(1)(A) commits a violation of this
section.
(C) Subdivision (h)(1)(A) shall not apply if the residence is located on

property that is, according to the relevant local, county, or municipal zoning law, zoned for a use other than
residential or mixed-use.
(2) (A) No person, corporation, or other entity shall knowingly permit three (3) or more
sexual offenders, as defined in § 40-39-202, violent sexual offenders, as defined in § 40-39-202, or a
combination thereof, while such offenders are mandated to comply with the requirements of this part, to
establish a primary or secondary residence in any house, apartment or other habitation, as defined by § 39-14-
401(1)(A), owned or under the control of such person, corporation, or entity.
(B) Subdivision (h)(2)(A) shall not apply if the residence is located on property that
is, according to the relevant local, county, or municipal zoning law, zoned for a use other than residential or
mixed-use.
(3) The provisions of this subsection (h) shall not apply to any residential treatment facility
in which more than three (3) sexual offenders, as defined in § 40-39-202, violent sexual offenders, as defined in
§ 40-39-202, or combination thereof, reside following sentencing to such facility by a court or placement in
such facility by the board of probation and parole for the purpose of in-house sexual offender treatment;
provided, the treatment facility complies with the guidelines and standards for the treatment of sexual offenders
established by the sex offender treatment board pursuant to § 39-13-704.
(i) The restrictions set out in subsections (a)-(d) shall not apply to a violent juvenile sexual
offender required to register under this part unless otherwise ordered by a court of competent jurisdiction.
(j) Notwithstanding any law to the contrary, a violent juvenile sexual offender who
knowingly violates this section commits a delinquent act as defined by the juvenile code.
N. TCA § 40-39-301, et seq.: Tennessee Serious and Violent Sex Offender Monitoring Pilot
Project Act. These statutes outline the guidelines and provisions established by the board of probation and
parole for its serious offender and violent sexual offender monitoring program.
O. TCA § 29-26-201, et seq: Therapist Sexual Misconduct Victims Compensation Act. These
statutes expressly include marital counseling, substance abuse treatment and family counseling in the definition
of therapy. It imposes liability upon employers of individuals who commit sexual misconduct in certain
situations.
29
MAY 20, 2020
P. TCA § 24-1-206: Clergy - Communications Confidential - Waiver - (a) (1). No minister of
the gospel, no priest of the Catholic Church, no rector of the Episcopal Church, no ordained Rabbi, no regular
minister or religion of any religious organization or denomination usually referred to as a church, over 18 years
of age, shall be allowed or required in giving testimony as a witness in any litigation, to disclose any
information communicated to that person in a confidential manner, properly entrusted to that person in that
person's professional capacity, and necessary to enable that person to discharge the functions of such office
according to the usual course of that person's practice or discipline, wherein such person so communicating
such information about such person or another is seeking spiritual counsel and advice relative to and growing
out of the information so imparted.
(b) The prohibition of this section shall not apply to cases where the communicating party, or
parties, waives the right so conferred by personal appearance in open court so declaring, or by an affidavit
properly sworn to by such a one or ones, before some person authorized to administer oaths, and filed with the
Court wherein litigation is pending.
(c)
(d) Any minister of the gospel, priest of the Catholic Church, rector of the Episcopal Church,
ordained Rabbi, and any regular minister of religion of any religious organization or denomination usually
referred to as a church, who violates the provisions of this section commits a Class C misdemeanor.
Q. TCA § 37-1-614: Evidentiary privileges inapplicable in child sexual abuse cases. The
privileged quality of communication between husband and wife and between any professional person and his
patient or client, and any other privileged communication except between attorney and client, as such
communication relates both to the competency of the witness and to the exclusion of confidential
communications, shall not apply to any situation involving known or suspected child sexual abuse and shall not
constitute grounds for failure to report as required by this part, failure to cooperate with the department in its
activities pursuant to this part, or failure to give evidence in any judicial proceeding relating to child sexual
abuse.
*N.B. In some instances the described statutes are summarized and are incomplete and are provided for informational purposes only.
The Church reserves the right to uphold the seal of Confession.
30
MAY 20, 2020
APPENDIX C DIOCESE OF KNOXVILLE
Supervisor Checklist for Implementing
The Policy and Procedure Relating
To Sexual Misconduct
Provide each person to whom the policy and procedure applies (e.g., clerics, religious, pastoral administrators,
ministers, employees, regular independent contractors, and volunteers) with a copy of the policy and
procedure so that they may read and understand the policy and procedure and their obligations _______.
Obtain from each person to whom the policy applies the following forms (this applies to new personnel; those
persons already affiliated with the diocese must complete all forms except Appendices D and E):
Background check release form (provided by the Diocese) _____

(Appendix D) Screening application completed and signed _____
(Appendix E) Record of reference contact(s) for new employees _____
(Appendix F) Signed copy of applicant’s certification _____
(Appendix H) Signed copy of applicant’s acknowledgement _____
(N.B. — the signed copy(s) of these documents should be retained in the person’s file.
All personnel forms mentioned above are to be marked “CONFIDENTIAL” and are to be kept securely
in the person’s file. Access to this information is to be limited to the person’s supervisor/evaluator, the
Chancellor, the Bishop, and the delegate of the Bishop. These documents will be kept in electronically
in a confidential file.
Periodic supervision and evaluation can be incorporated in any supervision and evaluation mechanisms already
in use; however, a regular element of this process should always include attention to the person’s duties
as they relate to work with children or vulnerable adults.
Provide annual occasions wherein the policy is distributed and its significant requirements discussed. These
occasions can be incorporated in other annual events, e.g., annual contract signings, teacher meetings,
parish staff meetings, job performance evaluation, etc. Special attention should be given to reviewing
the reporting mechanism in the policy and the pastoral code of conduct (Appendix G).
Supervisors should periodically review the policy to maintain familiarity with its requirements and their
responsibilities.
31
MAY 20, 2020
APPENDIX D DIOCESE OF KNOXVILLE
(p. 1 of 2) APPLICATION FOR CHILDREN/YOUTH WORK
CONFIDENTIAL
This application is to be completed by all applicants for any position (volunteer or compensated)
involving the supervision or custody of minors, or any work or ministry in proximity to minors. It is being used
to help the church provide a safe and secure environment for those children and youth who participate in our
programs and use our facilities.
PERSONAL
Date: __________________________________
Name: _____________________________________________________________________________
Last First Middle
Present Address: _____________________________________________________________________

Number Street City State Zip
Home Phone: (_____) _____________________
What type of children/youth work do you prefer? ___________________________________________
___________________________________________________________________________________
On what date would you be available? ____________________________________________________
Minimum length of commitment: ________________________________________________________
Have you any physical handicaps or conditions preventing you from performing certain types of activities
relating to youth or children's work? ______Yes ______No. If Yes, please explain: ________________
____________________________________________________________________________________
Have you ever been convicted of child abuse or a crime involving actual or attempted sexual molestation
of a minor? If so, please explain: _________________________________________________________
_____________________________________________________________________________________
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MAY 20, 2020
CHURCH ACTIVITY
Appendix D (p. 2 of 2)
Name of church of which you are a member: _________________________________________________
List (name and address) other churches you have attended regularly during the past five years.
_____________________________________________________________________________________
_____________________________________________________________________________________
List all previous church work involving youth (identify church and type of work) or any other youth work.
_____________________________________________________________________________________
_____________________________________________________________________________________
List any gifts, callings, training, education or other factors that have prepared you for children/youth work.
_____________________________________________________________________________________
_____________________________________________________________________________________
PERSONAL REFERENCES
(not former employers or relatives)
Name: _______________________________ Name: _________________________________
Address: _____________________________ Address: _______________________________
Telephone: ___________________________ Telephone: _____________________________
APPLICANT'S STATEMENT
The information contained in this application is correct to the best of my knowledge. I authorize any
references or churches listed in this application to give you any information they may have regarding my
character and fitness for children/youth work. I release all such references from liability for any damage that
may result from furnishing such evaluations to you, and I waive any right that I may have to inspect references
provided on my behalf.
Should my application be accepted, I agree to be bound by the policies of the Roman Catholic Diocese
of Knoxville, and to refrain from conduct which is contrary to Catholic moral teaching in the performance of
my services on behalf of the church.
Applicant's signature ______________________________________ Date: ________________
Witness ________________________________________________ Date: ________________
33
MAY 20, 2020
APPENDIX E DIOCESE OF KNOXVILLE
CONFIDENTIAL Record of Contact with a Reference or Church
Identified by an Applicant for Youth or Children's Work
1. Name of Applicant________________________________________________________________
2. Reference or church contacted (if a church, identify both the church and person/minister
contacted) ______________________________________________________________________
_______________________________________________________________________________
3. Date and time of contact ___________________________________________________________
4. Person contacting the reference or church ______________________________________________
5. Method of contact (e.g., telephone, letter, personal conversation) ___________________________
_______________________________________________________________________________
6. Summary of conversation (summarize the reference's or minister's remarks concerning the applicant's
fitness and suitability for youth or children's work) ______________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_________________________________________________
SIGNATURE
_________________________________________________
PRINTED NAME
DATE: _________________________________
34
MAY 20, 2020
APPENDIX F DIOCESE OF KNOXVILLE
Applicant's Certification

As an applicant to become an employee or volunteer with the Diocese of Knoxville, I hereby attest and
certify that I have never been accused of, convicted of, or plead guilty to: sexual abuse, molestation, fondling
or carnal knowledge of a child under the age of 18, gross sexual imposition, voyeurism, public indecency, rape
or attempted rape, or any existing or former offense of any municipal corporation, the State of Tennessee, or
any other State of the United States that is substantially equivalent to any of the above offenses or involves
criminal sexual activity of any nature. (If you have been accused of, convicted of or plead 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 above
described.
I hereby authorize any present or former employer or person, firm, corporation, physician or government
agency to answer all questions and to release or provide any information within their knowledge or records
dealing with the above named areas of conduct, and I agree to hold any and all of them harmless and free of any
liability for releasing any information that is within their knowledge and records. I authorize the Diocese of
Knoxville to conduct a check of my police and criminal records in accordance with the law of Tennessee.
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.
I further agree to notify the Diocese of Knoxville, if I become employed or appointed, of any sexual
misconduct I am charged with or convicted of in the future.
_____________________________________________________
PRINTED NAME
_____________________________________________________
APPLICANT SIGNATURE
DATE________________________________________________
35
MAY 20, 2020
APPENDIX G Diocese of Knoxville
Code of Pastoral Conduct
For Priests, Deacons, Pastoral Ministers,
Administrators, Staff, and Volunteers
TABLE OF CONTENTS
I. Preamble 1
II. Responsibility 1
III. Pastoral Standards 2
1. Conduct for Pastoral Counselors and Spiritual Directors 2

2. Confidentiality 3
3. Conduct with Youth 4
4. Sexual Conduct 5
5. Harassment 6
6. Parish, Religious Community/Institute, and Organizational Records and Information 7
7. Conflicts of Interest 8
8. Reporting Ethical or Professional Misconduct 9
9. Administration 10
10. Staff or Volunteer Well-being 10
IV. Volunteer’s Code of Conduct 11
Gi
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MAY 20, 2020
I. Preamble
Priests, deacons, pastoral ministers, administrators, staff, and volunteers in our parishes,
religious communities/institutes, and organizations must uphold Christian values and conduct.
The Code of Pastoral Conduct for Priests, Deacons, Pastoral Ministers, Administrators, Staff,
and Volunteers (Code of Pastoral Conduct) provides a set of standards for conduct in certain
pastoral situations.
II. Responsibility
The public and private conduct of clergy, staff, and volunteers can inspire and motivate people,
but it can also scandalize and undermine the people’s faith. Clergy, staff, and volunteers must,
at all times, be aware of the responsibilities that accompany their work. They must also know
that God’s goodness and grace supports them in their ministry.
Responsibility for adherence to the Code of Pastoral Conduct rests with the individual. Clergy,
staff, and volunteers who disregard this Code of Pastoral Conduct will be subject to remedial
action by the bishop, the pastor, or other person in charge. Corrective action may take various
forms—from a verbal reproach to removal from the ministry—depending on the specific nature
and circumstances of the offense and the extent of the harm.
G1
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MAY 20, 2020
III. Pastoral Standards
1. Conduct for Pastoral Counselors and Spiritual Directors3

Pastoral Counselors and Spiritual Directors must respect the rights and advance the welfare of
each person.
1.1 Pastoral Counselors and Spiritual Directors shall not step beyond their competence in
counseling situations and shall refer clients to other professionals when appropriate.
1.2 Pastoral Counselors and Spiritual Directors should carefully consider the possible
consequences before entering into a counseling relationship with someone with whom they
have a pre-existing relationship (i.e., employee, professional colleague, friend, or other pre-
existing relationship). [See Section 7.2.2]
1.3 Pastoral Counselors and Spiritual Directors should not audiotape or videotape sessions.
1.4 Pastoral Counselors and Spiritual Directors must never engage in sexual intimacies with the
persons they counsel. This includes consensual and nonconsensual contact, forced physical
contact, and inappropriate sexual comments.
1.5 Pastoral Counselors and Spiritual Directors shall not engage in sexual intimacies with
individuals who are close to the client—such as relatives or friends of the client—when there is
a risk of exploitation or potential harm to the client. Pastoral Counselors and Spiritual Directors
should presume that the potential for exploitation or harm exists in such intimate relationships.
1.6 Pastoral Counselors and Spiritual Directors assume the full burden of responsibility for
establishing and maintaining clear, appropriate boundaries in all counseling and counseling-
related relationships.
1.7 Physical contact of any kind (i.e., touching, hugging, holding) between Pastoral Counselors or
Spiritual Directors and the persons they counsel can be misconstrued and should be avoided.
1.8 Sessions should be conducted in appropriate settings at appropriate times.
1.8.1 No sessions should be conducted in private living quarters.
1.8.2 Sessions should not be held at places or times that would tend to cause confusion about
the nature of the relationship for the person being counseled.
1.9 Pastoral Counselors and Spiritual Directors shall maintain a log of the times and places of
sessions with each person being counseled.
3
Pastoral Counselors and Spiritual Directors: Clergy, staff, and volunteers who provide pastoral, spiritual, and/or
therapeutic counseling services to individuals, families, or other groups.
G2
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MAY 20, 2020
2. Confidentiality
Information disclosed to a Pastoral Counselor or Spiritual Director during the course of

counseling, advising, or spiritual direction shall be held in the strictest confidence possible.
2.1 Information obtained in the course of sessions shall be confidential, except for
compelling professional reasons or as required by law.
2.1.1 If there is clear and imminent danger to the client or to others, the Pastoral
Counselor or Spiritual Director may disclose only the information necessary to protect
the parties affected and to prevent harm.
2.1.2 Before disclosure is made, if feasible, the Pastoral Counselor or Spiritual Director
should inform the person being counseled about the disclosure and the potential
consequences.
2.2 Pastoral Counselors and Spiritual Directors should discuss the nature of confidentiality
and its limitations with each person in counseling.
2.3 Pastoral Counselors and Spiritual Directors should keep minimal records of the content
of sessions.
2.4 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 both the individual’s identity and the confidentiality of the
disclosures.
2.5 While counseling a minor, if a Pastoral Counselor or Spiritual Director discovers that
there is a serious threat to the welfare of the minor and that communication of
confidential information to a parent or legal guardian is essential to the child’s health
and well-being, the Counselor or Spiritual Director should disclose only the information
necessary to protect the health and well-being of the minor.
Consultation with the appropriate Church supervisory personnel is required before

disclosure.
2.6 These obligations are independent of the confidentiality of the confessional.

Under no circumstances whatsoever can there be any disclosure—even indirect
disclosure—of information received through the confessional.
G3
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MAY 20, 2020
3. Conduct With Youth
Clergy, staff, and volunteers working with youth shall maintain an open and trustworthy
relationship between youth and adult supervisors.
3.1 Clergy, staff, and volunteers must be aware of their own and others’ vulnerability when
working alone with youth. Use a team approach to managing youth activities.
3.2 Physical contact with youth can be misconstrued and should occur (a) only when
completely nonsexual and otherwise appropriate, and (b) never in private.
3.3 Clergy, staff, and volunteers should refrain from (a) the illegal possession and/or illegal
use of drugs and/or alcohol at all times, and (b) the use of alcohol when working with
youth.
3.4 Clergy should not allow individual young people to stay overnight in the cleric’s private
accommodations or residence.
3.5 Staff and volunteers should not provide shared, private, overnight accommodation for
individual young people including, but not limited to, accommodations in any Church
owned facility, private residence, hotel room, or any other place where there is no other
adult supervision present.
3.5.1 In rare, emergency situations, when accommodation is necessary for the health
and well-being of the youth, the clergy, staff, or volunteer should take
extraordinary care to protect all parties from the appearance of impropriety and
from all risk of harm.
3.5.2 Use a team approach to managing emergency situations.
G4
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MAY 20, 2020
4. Sexual Conduct
Clergy, staff, and volunteers must not, for sexual gain or intimacy, exploit the trust placed in
them by the faith community.
4.1 Clergy, religious, staff, and volunteers who are committed to a celibate lifestyle are
called to be an example of celibate chastity in all relationships at all times.
4.2 Staff and volunteers who provide pastoral counseling or spiritual direction services must
avoid developing inappropriately intimate relationships with minors, other staff, or
parishioners. Staff and volunteers must behave in a professional manner at all times.
4.3 No clergy, staff, or volunteer may exploit another person for sexual purposes.
4.4 Allegations of sexual misconduct should be taken seriously and reported to the
appropriate person in charge, e.g., the pastor, principal, or the bishop, and to civil
authorities if the situation involves a minor.
Diocese of Knoxville procedures will be followed to protect the rights of all involved.
4.5 Clergy, staff, and volunteers should review and know the contents of the child abuse
regulations and reporting requirements for the state of Tennessee and should follow
those mandates.
4.6 Clergy, staff and volunteers may never acquire, possess, or distribute pornographic
images of minors under the age of eighteen, for purposes of sexual gratification, by
whatever means or using whatever technology.
G5
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MAY 20, 2020
5. Harassment
Clergy, staff, and volunteers must not engage in physical, psychological, written, or verbal
harassment of staff, volunteers, or parishioners and must not tolerate such harassment by
other Church staff or volunteers.
5.1 Clergy, staff, and volunteers shall provide a professional work environment that is free
from physical, psychological, written, or verbal intimidation or harassment.
5.2 Harassment encompasses a broad range of physical, written, or verbal behavior,

including without limitation the following:
 Physical or mental abuse.
 Racial insults.
 Derogatory ethnic slurs.
 Unwelcome sexual advances or touching.
 Sexual comments or sexual jokes.
 Requests for sexual favors used as:
– a condition of employment, or
– to affect other personnel decisions, such as promotion or compensation.
 Display of offensive materials.
5.3 Harassment can be a single severe incident or a persistent pattern of behavior where
the purpose or the effect is to create a hostile, offensive, or intimidating work
environment.
5.4 Allegations of harassment should be taken seriously and reported immediately to the
appropriate person in the parish, school, diocese, or other institute.
Diocese of Knoxville procedures will be followed to protect the rights of all involved.
G6
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MAY 20, 2020
6. Parish, Institute and Organizational Records and Information
Confidentiality will be maintained in creating, storing, accessing, transferring, and disposing of

parish, institute or organizational records.
6.1 Sacramental records shall be regarded as confidential. When compiling and publishing
parish, institute or organization statistical information from these records, great care
must be taken to preserve the anonymity of individuals.
6.2 Most sacramental records older than 70 years are open to the public.
6.2.1 Information regarding adoption and legitimacy remains confidential, regardless of

age.
6.2.2 Only staff members who are authorized to access the records and supervise their
use shall handle requests for more recent records.
6.3 Parish, institute or organization financial records are confidential unless review is
required by the diocese or an appropriate government agency. Contact the diocesan
finance officer upon receipt of any request for release of financial records.
6.4 Individual contribution records of the parish, institute or organization shall be regarded
as private and shall be maintained in strictest confidence.
G7
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MAY 20, 2020
7. Conflicts of Interest
Clergy, staff, and volunteers should avoid situations that might present a conflict of interest. Even the
appearance of a conflict of interest can call integrity and professional conduct into question.
7.1 Clergy, staff, and volunteers should disclose all relevant factors that potentially could create a
conflict of interest.
7.2 Clergy, staff, and volunteers should inform all parties when a real or potential conflict of interest
arises. Resolution of the issues must protect the person receiving ministry services.
7.2.1 No clergy, staff, or volunteer should take advantage of anyone to whom they are
providing services in order to further their personal, religious, political, or business
interests.
7.2.2 Pastoral counselors should not provide counseling services to anyone with whom they
have a business, professional, or social relationship. When this is unavoidable, the client
must be protected. The counselor must establish and maintain clear, appropriate
boundaries.
7.2.3 When pastoral counseling or spiritual direction services are provided to two or more
people who have a relationship with each other, the Pastoral Counselor or Spiritual
Director must:
 Clarify with all parties the nature of each relationship,
 Anticipate any conflict of interest,
 Take appropriate actions to eliminate the conflict, and
 Obtain from all parties written consent to continue services.
7.3 Conflicts of interest may also arise when a Pastoral Counselor’s or Spiritual Director’s
independent judgment is impaired by:
 Prior dealings,
 Becoming personally involved, or
 Becoming an advocate for one (person) against another.
In these circumstances, the Pastoral Counselor or Spiritual Director shall advise the parties that
he or she can no longer provide services and refer them to another Pastoral Counselor or
Spiritual Director.
G8
44
MAY 20, 2020
8. Reporting Ethical or Professional Misconduct
Clergy, staff, and volunteers have a duty to report their own ethical or professional misconduct
and the misconduct of others.
8.1 Clergy, staff, and volunteers must hold each other accountable for maintaining the
highest ethical and professional standards. When there is an indication of illegal actions
by clergy, staff, or volunteers, you should notify the proper civil authorities immediately.
Also notify the diocese, parish, or institute.
8.2 When an uncertainty exists about whether a situation or course of conduct violates this
Code of Pastoral Conduct or other religious, moral, or ethical principles, consult with:
 Peers,
 Others knowledgeable about ethical issues, or
 The Chancery office or responsible administrative authority for the parish or

institute.
8.3 When it appears that a member of clergy, a staff member, or a volunteer has violated
this Code of Pastoral Conduct or other religious, moral, or ethical principles:
 Report the issue to a supervisor or next higher authority, or
 Refer the matter directly to the Chancery office.
8.4 The obligation of Pastoral Counselors and Spiritual Directors to report client misconduct
is subject to the duty of confidentiality. However, any agreement or duty to maintain
confidentiality must yield to the need to report misconduct that threatens the safety,
health, or well-being of any of the persons involved except as provided for in Section 2.6
G9
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MAY 20, 2020
9. Administration
Employers and supervisors shall treat clergy, staff, and volunteers justly in the day-to-day
administrative operations of their ministries.
9.1 Personnel and other administrative decisions made by clergy, staff, and volunteers shall
meet civil and canon law obligations and also reflect Catholic social teachings and this
Code of Pastoral Conduct.
9.2 No clergy, staff, or volunteer shall use his or her position to exercise unreasonable or
inappropriate power and authority.
9.3 Each volunteer providing services to children and youth must read and sign the
Volunteer Code of Conduct before providing services. (See section IV, p. G-11)
10. Staff or Volunteer Well-being
Clergy, staff, and volunteers have the duty to be responsible for their own spiritual, physical,
mental, and emotional health.
10.1 Clergy, staff, and volunteers should be aware of warning signs that indicate potential
problems with their own spiritual, physical, mental, and/or emotional health.
10.2 Clergy, staff, and volunteers should seek help immediately whenever they notice
behavioral or emotional warning signs in their own professional and/or personal lives.
10.3 Clergy, staff, and volunteers must address their own spiritual needs. Support from a
Spiritual Director is highly recommended.
10.4 Inappropriate or illegal use of alcohol and drugs is prohibited.
G10
46
MAY 20, 2020
(p. 1 of 2) Code of Pastoral Conduct
IV. Volunteer’s Code of Conduct
Our children are the most important gifts God has entrusted to us. As a volunteer, I promise to
strictly follow the rules and guidelines in this Volunteer’s Code of Conduct as a condition of my
providing services to the children, youth and/or young adults of our [parish, school, facility,
diocese, etc.].
As a volunteer, I will:
 Treat everyone with respect, loyalty, patience, integrity, courtesy, dignity, and
consideration.
 Avoid situations where I am alone with children and/or youth at Church activities.
 Refuse to accept expensive gifts from children and/or youth or their parents without
prior written approval from the pastor or administrator.
 Refrain from giving expensive gifts to children and/or youth without prior written
approval from the parents or guardian and the pastor or administrator.
 Report suspected abuse to the pastor, administrator, or appropriate supervisor and [the
local Child Protection Services agency]. I understand that failure to report suspected
abuse to civil authorities is, according to the law, a misdemeanor.
 Cooperate fully in any investigation of abuse of children and/or youth.
47
MAY 20, 2020
(p. 2 of 2) Code of Pastoral Conduct
As a volunteer, I will not:
 Smoke or use tobacco products in the presence of children and/or youth.
 Use, possess, or be under the influence of alcohol at any time while volunteering.
 Use, possess, or be under the influence of illegal drugs at any time.
 Knowingly pose any health risk to children, youth and/or vulnerable adults (i.e., no
fevers or other contagious situations).
 Strike, spank, shake, or slap children and/or youth.
 Intentionally humiliate, ridicule, threaten, or degrade children and/or youth.
 Touch a child and/or youth in a sexual or other inappropriate manner.
 Use any discipline that frightens or humiliates children and/or youth.
 Use profanity in the presence of children and/or youth.
I understand that as a volunteer working with children, youth and/or vulnerable adults, I am
subject to a thorough background check including criminal history, to be repeated every 5
years. I understand that any action inconsistent with this Code of Conduct or failure to take
action mandated by this Code of Conduct may result in my removal as a volunteer with
children, youth and/or vulnerable adults.
Volunteer’s Printed Name
Volunteer’s Signature Date
G11
48
MAY 20, 2020
APPENDIX H DIOCESE OF KNOXVILLE
Employee Certification of Review
I, __________________________________, SSN: ____________________acknowledge
that, as personnel or a volunteer officially representing the Diocese of Knoxville, I have read the
STATEMENT OF POLICY AND PROCEDURE of the Diocese of Knoxville relating to sexual
misconduct and am familiar with its content, obligations and consequences. In particular I understand
the reporting requirements contained in the STATEMENT OF POLICY. Furthermore, I have read the
Diocese of Knoxville CODE OF PASTORAL CONDUCT and agree to follow it while in the
employment or service of the Diocese of Knoxville.
This the __________day of ____________________________, 20_____.
_________________________________________
SIGNATURE
_________________________________________
PRINTED NAME
_________________________________________
Name of Church Institution (e.g., parish, school, etc)
49

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF

Case 3:22-cv-00401-TAV-DCP Document 1 Filed 11/10/22 Page 1 of 30 PageID #: 1

527(a)(2) and 39-13-505(a)(3).

of emotional distress, negligence, and negligent hiring, retention, and supervision.

Church in Gatlinburg, Tennessee.

3. Plaintiff speaks Spanish and has very limited English proficiency.

Case 3:22-cv-00401-TAV-DCP Document 1 Filed 11/10/22 Page 2 of 30 PageID #: 2

5. Father Antony Devassey Punnackal, (“Defendant Punnackal”) is an ordained priest of the

and is part of the Diocese of Knoxville.

7. Defendant Punnackal does not speak Spanish.

8. The Diocese of Knoxville, (the “Defendant Diocese”) a corporation sole,2 is a religious

exercising or influencing administrative oversight, policy creation, or executive decisions by the

Defendant Diocese’s clergy leadership.

Case 3:22-cv-00401-TAV-DCP Document 1 Filed 11/10/22 Page 3 of 30 PageID #: 3

responsible for directing all important policy and hiring decisions.

Drive, Knoxville, Tennessee, or legal counsel.

the Defendant Diocese, or both.

official capacity and in the scope of his employment.

Jurisdiction and Venue

20. Venue is proper pursuant to 28 U.S. Code § 1391.

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urgent need to remove a priest from the diocese.

unexpected and rapid.

27. Defendant Punnackal had been personally hired by Bishop Stika.

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that she met her assailant, Defendant Punnackal.

meet with him in person again.

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Honduras to complete his terms as a government employee serving in a dangerous role.

36. On February 13, 2020, he was killed in the line of duty.

for grief counseling.

indictment by local law enforcement.

translating for Plaintiff abandoned her with Defendant Punnackal.

whether she had just given birth and had a baby.

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when investigating an incident of sexual abuse.

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battery or sexual assault against the Plaintiff.

participation in the Most Holy Eucharist.”

Punnackal to remain in his position as priest of St. Mary’s Catholic Church.

accused Punnackal of sexual assault.

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decorations and furnishings outside of her front door.

position by disparaging Plaintiff as not credible.

prevented her from seeking community support.

including an eleven day stay at Peninsula Behavioral Health.

normal demands of life.

filing such an action.

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psychological damage on Plaintiff.

asylum claim would be denied if she were to testify against Punnackal.

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and finally forensically examine Defendant Punnackal’s laptop.

Exhibit 1 (Sevier County Presentment No. 2022 CR-49).

The Defendant Diocese has a long history of enabling sexual predators.

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Diocese, have complained to the Vatican, calling for an investigation.

Court Circuit Court, on January 31, 2022.

had false records of Plaintiff, including copies of falsified identification.

government identification and immigration records.

90. It is common practice for businesses employing undocumented or suspected undocumented

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93. Allegations of identity fraud—even unsubstantiated allegations—in employment history are

could provide grounds for the denial of her asylum application.