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Eparchial Statement of Policies and Procedures
1. The following document reflects the policies and procedures of the Eparchy of Our Lady of Lebanon of Los Angeles (hereinafter “Eparchy”) addressing allegations of sexual abuse of minors by priests and deacons. This document is based on the Code of Canons of the Eastern Churches (hereinafter “CCEO”) and is consistent with the United States Conference of Catholic Bishops’ “Charter for the Protection of Children and Young People” (hereinafter “Charter”) and “Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests, Deacons, or Other Church Personnel” (hereinafter “Norms”). The policies and procedures set forth in this document are not intended to confer or create any additional canonical, legal or civil rights. 2. As a steward of the Gospel, the Eparchy understands her mission to “make disciples of all the nations” (Matthew 28:19). Guided by the Gospel’s precepts of truth, justice and love, the Eparchy proclaims the “kingdom of Christ for the glory of God” (Cf. Second Vatican Council’s Decree on the Apostolate of Lay People, §2) so that all people may have “fellowship with God and his Son Jesus Christ” (1 John 1:3). 3. To fulfill her ministerial responsibility of preaching the Gospel to men and women of all ages, the Eparchy places priests and deacons in positions of trust. These clerics are called by God to consecrate themselves to the Lord and the affairs of the Lord. In conformity with long standing traditions in the Christian Churches, the Eparchy affirms that Sacred Order is a gift of the Holy Spirit to the community, not an entitlement (Cf. Catechism of the Catholic Church, §1578). Thus, the exercise of pastoral leadership in the community of Jesus Christ should be one of service and love, not of power and control. Ordained ministers are called upon to promote the dignity of the laity and the particular part they have in the mission of the Church by channeling the gifts and experiences of lay people of all ages for the building up of Christ’s community (Cf. CCEO, can. 381, §3). 4. Conscious of their role in the ministry of the Church, clerics are to abstain completely from scandals (Cf. CCEO, can. 382) that compromise the Church’s message and damage the covenant of trust within the community. It is by pursuing a life perfected in holiness for the sake of the sacred ministries entrusted to them (Cf. CCEO, can. 368) that they are able to carry out the work of Christ in the world. 5. Therefore, the Eparchy acknowledges that when abuse of any kind—moral, physical, sexual or emotional—occurs, the entire community of Jesus Christ suffers. Echoing the words of His Holiness, John Paul II, to the Cardinals of the United States (April 2002), it is the Eparchy’s policy that “there is no place in the priesthood and religious life for those who would harm the young.” I. DEFINITIONS 6. In accord with Canon Law and the United States Conference of Catholic Bishops’ Charter and Norms, these definitions are adopted: a. Minor: any person under the age of eighteen (18) is considered a minor. For purposes of canon law and these policies and procedures, “minor” has the same meaning (Cf. CCEO, can. 909, §1). b. Sexual Abuse: as defined by the Charter, sexual abuse of a minor includes sexual molestation or sexual exploitation of a minor and other behavior by which an adult uses a minor as an object of sexual gratification. This definition rests on the obligations arising from divine commands regarding human sexual interaction prescribed by the sixth commandment of the Decalogue (Cf. CCEO, can. 1453, §1). According to this definition, sexual offense that violates this canon need not be a complete act of intercourse, nor should the term necessarily be equated with the definitions of sexual abuse or other crimes in civil law. Thus, the norm to be considered in assessing an allegation of sexual abuse of a minor is whether conduct or interaction with a minor qualifies as an external, objectively grave violation of the commandment (USCCB, Canonical Delicts Involving Sexual Misconduct and Dismissal from the Clerical State, 1995, p. 6). Moreover, “imputability [moral responsibility] for a canonical offense is presumed upon external violation… unless it is otherwise apparent” (CCEO, can. 1414, §2). For purposes of this Statement of Policies and Procedures, the term “sexual misconduct” shall have the same meaning as the term “sexual abuse.” c. Cleric: Canon Law defines “cleric” as bishop, priest or deacon (Cf. CCEO, can. 325). II. ESTABLISHING THE POLICY: GUIDING PRINCIPLES 7. No minor should ever be abused by an adult. However, since child abuse can happen, these policies and procedures seek to ensure that should it occur, the abuse of minors by those clerics in the Eparchy is addressed swiftly, justly and with compassion envisioned by the Gospel. While these policies and procedures only address allegations of sexual misconduct of minors by priests and deacons, the Eparchy will publish comprehensive programs of ethics and integrity in ministry designed for education, prevention of child abuse, and creation of safe environment to be adhered to by all the clergy, lay pastoral leaders, and Church volunteers who minister and work in the Eparchy. 8. The following principles guide the policy and its application: a. Commitment to effective ministry: The Eparchy shall honor the right of God’s people to effective ministry that reflects commitment to the Christian way of life. b. Children come first: The safety of anyone entrusted to the care of clerics, especially children, shall be the first priority in any pastoral assignment. c. Concern for the victims: The Eparchy shall always be concerned about victims/survivors who have suffered abuse and their families. The Eparchy shall offer pastoral, psychological, social, and spiritual support to victims/survivors and their families (Cf. Charter, art. 1). Through pastoral outreach to victims and their families, the Eparchial bishop or his delegate(s) will offer to meet with them to listen with patience and compassion to their experiences and concerns. d. Confidentiality agreements: The Eparchy shall not enter into confidentiality agreements except for grave and substantial reasons brought forward by the victim/survivor and noted in the text of the agreement (Cf. Charter, art. 3). e. Transparency: The Eparchy’s communications policy will reflect its commitment to transparency and openness. Within the confines of respect for the privacy and the reputation of the individuals involved, the Eparchy will work as openly as possible with members of the community. This is especially so with regard to assisting and supporting parish communities directly affected by ministerial misconduct involving minors (Cf. Charter, art. 7). f. Concern for the accused: The Eparchy shall always address the physical and emotional care of the cleric against whom an allegation(s) has been made. g. All allegations
reported: In compliance with State laws, all allegations of sexual abuse
of minors shall be reported to the proper civil authorities (Cf. Charter,
art. 4). Policy 9. Sexual misconduct of a minor by a cleric violates human dignity, ministerial commitment and the mission of the Church; therefore the Eparchy establishes these policies and procedures to review and determine the fitness for ministry of any cleric accused of sexual misconduct with a minor. 10. The objective of these policies and procedures is threefold: (1) the safety and protection of children; (2) the well being of the community and (3) the integrity of the Church. The policies and procedures shall be fair, just, and responsive to the pastoral needs of the alleged victim, the alleged victim’s family, the community, and the accused cleric (Cf. Charter, art. 1). The Eparchy shall pledge that the policies and procedures shall not impede cooperation with civil authorities responsible for investigating allegations of sexual misconduct (Cf. Norms, §11). 11. The policies and procedures of the Eparchy regarding sexual misconduct shall be made available to the general public, so that those affected can readily seek and receive the assistance which the policies provide (Cf. Charter, art. 2). Procedures 12. The Eparchy shall have in place sufficient and adequate human and material resources—staff and facilities—to assure the effective implementation of the policies, procedures, and programs established by these provisions. 13. The Eparchy shall establish appropriate programs regarding the nature and effect of sexual misconduct with a minor for the education of seminarians and the continuing education of clerics. 14. The Eparchy shall establish an Eparchial Review Board (please refer to Section III of this document) to assist and advise the Eparchial bishop in his assessment of allegations of sexual abuse of minors and in his determination of the accused cleric’s suitability for ministry (Cf. Norms, §4. a). The Review Board shall review the policies and procedures set forth in this document and make recommendations to the Eparchial bishop (Cf. Norms, §4.b). It is the sole authority of the Eparchial bishop to approve the recommended amendments. 15. The Eparchy shall designate a Pastoral Response Team to provide immediate pastoral care to those who claim to have been sexually abused by a priest or deacon (Cf. Norms, §3). The Pastoral Response Team shall minister to the alleged victims/survivors, their families or other persons affected. This outreach may include provision of counseling, spiritual assistance, support groups, and other social services (Cf. Charter, art. 1). Prevention, Background Check and Screening 16. The Eparchy shall establish and maintain “safe environment” programs. These programs shall promote truth, justice, transparency, and healing. The Eparchy will cooperate with parents, civil authorities, and community leaders to provide education for children, youth, parents, clergy and Church personnel, and others about ways to create and maintain a safe environment for children. The Eparchy shall make clear to clergy and all members of the community the standards of conduct for clergy and other persons in positions of trust with regard to sexual abuse (Cf. Charter, art. 12). 17. The Eparchy shall evaluate the background of all Eparchial personnel who have regular contact with minors. Specifically, it shall utilize the resources of law enforcement and other community agencies. In addition, it shall employ adequate screening and evaluative techniques in deciding the fitness of candidates for ordination (Cf. National Conference of Catholic Bishops, Program of Priestly Formation, 1993, no. 513). The Eparchy shall review and build upon on-going programs for the screening and education of seminarians and deacon candidates and the continuing education of clerics in matters related to sexuality and sexual misconduct (Cf. Charter, art. 13). 18. Consistent with applicable ethical, canonical and legal principles and as soon as may be appropriate, a full psychological profile of each seminarian and deacon candidate shall be obtained. In addition to general psychological fitness for ordination and ministry, the profile should seek to identify tendencies of pedophilia or ephebophilia. The psychological profile shall be maintained as part of the seminarian’s or candidate’s permanent personnel file. The profile may be updated as necessary or appropriate. 19. When considering prospective seminary applicants from outside the United States of America, the Eparchy shall require that they receive a thorough psychological screening by a professionally licensed psychologist in the country of residence before admission. If accepted to the Eparchial priestly formation program, these seminarians shall be required to take additional classes and/or seminars designed to educate them about American culture and social customs, accepted social and psychological norms of behavior, and ministerial relationships unique to the American Church. The Eparchy may ask for further psychological screening of these candidates by professionally licensed psychologists in the United States before they are allowed to continue in the program. 20. The Eparchy shall mandate that seminaries and formation programs shall offer, as part of their formation programs, appropriate courses that deal in depth with psychological development, including both moral and deviant sexual behavior, with emphasis on the implications of making moral choices in accord with Church teaching and priestly commitment. The Eparchy shall establish and publicize Eparchial standards of ministerial responsibility requirements (Cf. Eparchy of Our Lady of Lebanon of Los Angeles, Ministerial Responsibility Requirements: Ethics and Integrity in Ministry, currently under review) and appropriate boundaries for clergy and Church personnel in positions of trust who have regular contact with children and young people (Cf. Charter, art. 6). 21. Every seminarian sponsored by the Eparchy shall certify in writing that he has read and is familiar with the Eparchial policies and procedures regarding sexual misconduct with minors. The seminarian’s certification will be maintained in his personnel file. 22. The Eparchy shall pledge its complete cooperation with the Apostolic Visitation of its Eparchial priestly formation program recommended in the Interdicasterial Meeting with the Cardinals of the United States and the Conference Officers in April 2002. The Eparchy shall look forward to this opportunity to strengthen its priestly formation programs so that they may provide God’s people with mature and holy priests. The Eparchy shall develop systematic ongoing formation programs in keeping with the recent Conference document Basic Plan for the Ongoing Formation of Priests (2001) so as to assist priests in their living out their vocation (Cf. Charter, art. 17). 23. As part of the continuing education of clergy, the Eparchy shall regularly offer educational programs for priests and deacons regarding child physical and sexual abuse, reporting laws, Eparchial policies and procedures, and Eparchial Ministerial Requirements. The educational component has prevention of abuse and sexual misconduct as its primary goal. This will be accomplished within the context of Church teachings, social norms and psychological foundations of human behavior. 24. The Eparchy shall assure that there is ongoing communication with clerics about child abuse issues through meetings, mailings, and Eparchial publications. 25. Clerics given new assignments in the Eparchy shall be required to consult with the local Roman Catholic Dioceses about current state laws with respect to reporting allegations of sexual misconduct with minors. It shall also be mandated that they participate in seminars and training programs offered by the local Roman Catholic Dioceses about issues pertaining to sexual behaviors and ministerial responsibility requirements. 26. All clerics and religious ministering in the Eparchy shall certify in writing that they have received and read the Eparchial Statement of Policy and Procedures. The cleric’s certification shall be preserved in his personnel file. Religious Clerics 27. When a religious cleric is proposed for a new assignment, transfer, or residence in the Eparchy, the sending major superior will forward and the Eparchial bishop’s delegate will review—before assignment—an accurate and complete description of the cleric’s record, including whether there is anything in his background or service that would raise questions about his fitness for ministry (Cf. Charter, art. 14). a. The religious community must provide a copy of its own policies and procedures. b. The presenting superior shall provide a written statement about the status, background, character and reputation of each cleric presented for faculties in the Eparchy, as provided in the model promulgated by the Conference of Major Superiors of Men (Cf. National Conference of Catholic Bishops and Conference of Major Superiors of Men, Proposed Guidelines on the Transfer or Assignment of Clergy and Religious, 1993). c. In the event that the proposed religious cleric received his seminary training in a foreign country and has never held a parochial assignment in the United States of America, the Eparchy may ask him to undergo psychological screening conducted by a professionally licensed psychologist. He may also be required to complete a period (no less than six months) of residency in a parish under the supervision of a pastor or a pastoral team. d. The proposed religious cleric shall certify in writing that he has received and read the Eparchial Statement of Policy and Procedures. e. The Eparchy shall reserve the right to deny faculties for any religious cleric proposed for assignment in the Eparchy. 28. If a religious cleric exercising public ministry or an apostolate in the Eparchy is accused of sexual misconduct with a minor, the Eparchial bishop and the competent religious superior shall confer with each other. Concerning withdrawal from ministerial assignment, the Eparchial bishop will determine whether or not the religious cleric may continue to exercise a ministry which involves the care of souls, the public exercise of divine worship, or some other work of the apostolate (Cf. CCEO, can. 201 , §1 and can. 415, §1). If the Eparchy determines that a religious cleric may no longer exercise such ministry in the Eparchy, his faculties will be revoked, and his proper Major Superior will be requested to recall the cleric immediately. The religious community retains its rightful autonomy and responsibility to address issues pertaining to its internal affairs, such as treatment and aftercare for the accused cleric. 29. If sexual misconduct with a minor is alleged to have occurred, the Eparchy retains the right to initiate the process of investigation and follow-up with the Review Board and the Pastoral Response Team and take whatever action it deems appropriate. Since religious are subject to their own proper superiors and to the discipline of their institute (Cf. CCEO, can. 421), the religious community may also choose to review the allegation in keeping with its own policies and procedures. If the religious superior removes the religious cleric from the office entrusted to him after having informed the Eparchial bishop, the religious cleric’s Eparchial faculties will be revoked. However, any determination about return to ministry in the Eparchy and restoration of Eparchial faculties will be made according to the Eparchial policies and procedures in this regard. 30. If a religious cleric exercising a ministry strictly internal to the religious community without Eparchial faculties is accused of sexual misconduct with a minor, the religious community may choose to review the allegation in keeping with its own policies and procedures. Any subsequent presentation for Eparchial faculties is subject to Eparchial policies and procedures. In any case, the Eparchy retains the right for a most grave cause to prohibit a member of a religious institute from residing in the Eparchy if the cleric’s major superior has not made provision after having been informed; such matters may be referred to the Patriarch or the Holy See (Cf. CCEO, can. 417). Extern Priests and Deacons 31. The Eparchy shall maintain and periodically review its policies affecting extern priests and deacons who seek or maintain faculties in the Eparchy. When a cleric is proposed for a new assignment, transfer, residence in the Eparchy, the sending Eparchial bishop or Bishop will forward and the Eparchial bishop’s delegate will review—before assignment—an accurate and complete description of the cleric’s record, including whether there is anything in his background or service that would raise questions about his fitness for ministry. The cleric’s proper Ordinary/Hierarch shall certify whether he is aware of anything in the cleric’s background which would render him unsuitable for ministry. In the case of any incident of sexual misconduct with a minor, the cleric’s proper Ordinary/Hierarch shall submit to the Eparchial bishop or his delegate a comprehensive report of the allegation and its outcome. 32. If an extern cleric received his seminary education in a foreign country and has never held a parochial assignment in the United States of America, the Eparchy may ask him to undergo psychological screening conducted by a professionally licensed psychologist in the United States before the assignment. He may also be required to complete a period (no less than six months) of residency in a parish under the supervision of a pastor or a pastoral team. 33. If an extern cleric lawfully assigned by the Eparchial bishop to a public ministry in the Eparchy is accused of sexual misconduct with a minor, the Eparchy must consult with the competent Ordinary/Hierarch. The Eparchy will determine whether or not the cleric may continue to exercise any form of ministry in the Eparchy. If the Eparchy determines that an extern cleric may no longer exercise any ministry in the Eparchy, his faculties will be revoked, and his proper Ordinary/Hierarch will be requested to recall him immediately. 34. If sexual misconduct with a minor is alleged to have occurred, the Eparchy retains the right to initiate the process of investigation and follow-up with the Review Board and the Pastoral Response Team and take whatever action it deems appropriate. Any determination about return and restoration of faculties will be made according to Eparchial policies and procedures. 35. Before a cleric incardinated in the Eparchy is proposed to another Diocese/Eparchy for assignment, transfer, or residence, if there is anything in his background to indicate that he would be a danger to children or young people, an accurate and complete description of the cleric’s record, including whether there is anything in his background or service that would raise questions about his fitness for ministry, will be forwarded by the Eparchial bishop to the local Ordinary/Hierarch of his new residence. This holds even if the cleric will only be living as a monk or other religious, in a society of common life according to the manner of religious, in a secular institute, or in another form of consecrated life or society of apostolic life (Cf. Norms, §12). III. ADDRESSING ALLEGATIONS OF SEXUAL ABUSE OF MINORS Policy 36. In order to respond pastorally and effectively and in keeping with the requirements of ecclesiastical law, the Eparchy has adopted a process for addressing allegations of sexual abuse of minors by clergy. This includes two elements: (1) a Review Board established by the Eparchial bishop whose mission is to assist the Eparchial bishop in responding to allegations by conducting fact?finding investigations regarding specific allegations and forwarding the results with any appropriate counsel to the bishop as well as regularly reviewing Eparchial policies and procedures for addressing sexual misconduct with minors and (2) a Pastoral Response Team which shall be composed of a Professional Case Administrator and , an Assistance Coordinator each of whom shall be appointed by the Eparchial bishop to serve as the designated contacts for receiving allegations and maintaining the process of addressing allegations. The Eparchy will provide education and training for the members of the Review Board and the members of the Pastoral Response Team to enable them to understand and appropriately respond to the issue of sexual abuse of minors. Both of these elements will be discussed below. Review Board 37. The Eparchial bishop has established a Review Board whose mission is to assist him in responding to allegations against clergy of sexual misconduct with minors. The Eparchial Review Board (hereinafter “Review Board”) shall make recommendations to the Eparchial bishop to determine the fitness for ministry of the accused cleric (Cf. Charter, art. 2; Norms, §4). 38. The composition of the Review Board shall consist of at least eight (8) members and will include the Eparchial Vicar for Clergy, one priest, one religious cleric, and lay individuals with specialized backgrounds in psychology/psychiatry, health, social counseling and pastoral ministry, parenting, and law. The majority of the Board’s members shall not be in the employ of the Eparchy. At least one of the members should have particular expertise in the treatment of the sexual abuse of minors (Cf. Charter, art. 2; Norms, §5). 39. The Review Board’s members shall be appointed by the Eparchial bishop to five (5) year terms which may be renewed (Cf. Norms, §5). 40. The Review Board’s members shall not be compensated for their services, but may be reimbursed for their necessary expenses. 41. A chairperson and vice chairperson shall be designated by the Eparchial bishop for a five (5) terms which may be renewed. The chairperson shall ordinarily convene and preside at meetings of the Review Board in accordance with the will of the Review Board. The vice chairperson will perform the same duties in the absence of the chairperson. 42. The Review Board shall serve as the principal agent of the Eparchial bishop in making the determinations contemplated by these policies and procedures. 43. A majority
of the members of the Review Board shall constitute a quorum and the concurrence
of not less than a majority members of the Review Board shall be necessary
to a determination or recommendation. 45. The Review Board shall conduct its business in person but may meet by telephone conference call. 46. The members of the Review Board shall not discuss the business of the Review Board or information presented to the Review Board outside the Review Board meetings, except that the Professional Case Administrator may communicate with Review Board members as required by this process or as otherwise appears appropriate. 47. The Eparchial bishop, his delegate, Eparchial legal counsel and other persons designated by the Eparchial bishop, and the Professional Case Administrator may attend meetings of the Review Board. All other persons may attend meetings only upon the invitation or with the consent of the Review Board and subject to such limitations as the Review Board might require. 48. The person making an accusation and the accused cleric each have a right to meet individually and separately with the Review Board before the review is concluded. 49. The Review Board shall meet with the person bringing the allegations. If the alleged victim is a minor, the presence of a parent or legal guardian may be required. 50. The Review Board shall advise the accused cleric about his right to have legal or canonical counsel. The accused cleric will be encouraged to retain the assistance of civil and canonical representation and will be promptly notified of the preliminary findings of the investigation (Cf. Norms, §7). 51. If the accused is an incardinated cleric of the Eparchy who lacks the financial means to hire suitable legal and canonical representation, a request for funds from the Eparchy may be submitted to the Vicar General. 52. The Review Board shall have the duties and responsibilities to: a. recommend to the Eparchial bishop a candidate for the position of Professional Case Administrator; b. recommend to the Eparchial bishop a candidate for the position of Assistance Coordinator c. supervise the Pastoral Response Team; d. assess allegations of sexual abuse of minors by clerics in order to advise the Eparchial bishop on whether or not the allegations appear to be credible; the assessment will be communicated to the victim and the accused; the Review Board can act both retrospectively and prospectively on these matters (Cf. Norms, §4.A); e. initiate and conduct inquiries as may be appropriate in accord with canon law—the preliminary investigation of a complaint (Cf. CCEO, cc 1468-1470)—or the inquiry in the procedure for removal from office (Cf. CCEO, can 1473) or other ministry (Cf. Charter, art. 5); f. develop, implement and monitor programs for treatment, rehabilitation or supervision of clerics and report to the Eparchial bishop about these programs; g. review matters brought to its attention by the Pastoral Response Team and make recommendations to the Eparchial bishop concerning fitness for ministry (Cf. Norms, §4.C); h. make such other recommendations which the Review Board in its sole discretion determines to be appropriate to reduce the risk to children; i. recommend guidelines for the inquiries of the Professional Case Administrator, the proceedings of the Review Board and programs for treatment, rehabilitation and supervision of clerics consistent with these provisions; j. review these policies and procedures at least every two years in order to recommend to the Eparchial bishop such amendments to these policies and procedures as the Review Board believes helpful (Cf. Norms, §4.B); k. ensure that the Eparchy is developing and implementing educational programs for creating safe work environment for minors and that clerics are participating in these programs; and l. seek the advise of such experts and consultants as the Review Board deems necessary and appropriate. Pastoral Response Team 53. The Pastoral Response Team shall manage the flow of information, gain access to potential sources of information, and analyze and document information concerning an allegation of sexual misconduct with a minor by a cleric. The Pastoral Response Team shall also be responsible for assisting in the investigation of allegations, providing pastoral care and professional assistance to the victims/survivors and their families, and aiding the accused cleric. The Pastoral Response Team shall assist the Review Board in the performance of its duties and shall be composed of a Professional Case Administrator and an Assistance Coordinator. They are appointed by the Eparchial bishop upon the recommendation of the Review Board. 54. The Professional Case Administrator (“ Case Administrator”) shall be appointed by the Eparchial bishop out of a list of candidates submitted to him by the Review Board and shall serve as the Eparchial bishop’s point of contact. The Case Administrator shall be a lay professional who possesses appropriate qualifications and substantial experience in investigating and analyzing allegations of sexual abuse of minors. The Case Administrator shall be compensated and evaluated according to such schedules as may be applicable to other Eparchial employees of comparable responsibilities and expertise and may be removed by the Eparchial bishop. Under the guidance and supervision of the Review Board, the Case Administrator shall gather and lead the work of the Pastoral Response Team. The duties and responsibilities of the Case Administrator include: a. interviewing those bringing those bringing an allegation of sexual abuse of a minor and preparing an initial report to the Eparchial attorney and the Eparchial bishop; b. in compliance with applicable state laws, reporting to the appropriate public authorities any allegation of sexual abuse of a person who is currently a minor and cooperating with their investigation. In every instance, the Eparchy will advise and support a person’s right to make a report to public authorities (Cf. Charter, art. 4, and Norms, §10); c. communicating in an appropriate manner with the alleged victim or person bringing an allegation, the other members of the Pastoral Response Team, the community, the Eparchial bishop, the Review Board and such other persons as the Eparchial bishop or Review Board may designate; d. providing the accused cleric with information sufficient to enable the cleric to respond to the allegation; e. providing the alleged victim and the accused cleric with appropriate and timely information about the Review Board’s determinations and recommendations and the Eparchial bishop’s actions; f. attending
Review Board meetings, preparing reports, answering questions and assisting
the Review Board; h. providing access to all information to the Review Board, the Eparchial bishop, the Eparchial bishop’s delegate and other persons the Eparchial bishop may designate; i. providing access to all information to the competent superior in connection with allegations about a member of a religious community or another Diocese/Eparchy; and j. performing such other duties as may be prescribed by the Eparchial bishop, his delegate, or Review Board from time to time. 55. The Assistance Coordinator shall assist persons who allege that as minors they were sexually abused by a member of the clergy in making their claims known to the proper Eparchial personnel. The Assistance Coordinator is to be a professional Catholic with sufficient experiential and clinical knowledge of sexual abuse of children. The Assistance Coordinator shall maintain a professional relationship with the individual and will not act as a therapist, attorney, or spiritual director for the individual. A person shall not serve as Assistance Coordinator for an individual with whom he or she has a family relationship, or of whom he or she is a personal friend, or where there is any other potential conflict of interest. 56. The Assistance Coordinator shall also be the accused cleric’s pastoral, spiritual, and emotional support person by providing a network of professional resources and referrals to help the accused cleric deal with the emotional and psychological distress caused by the allegations. The Assistance Coordinator shall be primarily responsible for pastoral and spiritual life concerns and treatment questions that require confidentiality and show consideration for the cleric’s right to privacy. The duties of the Assistance Coordinator shall include: a. listening to the individual and his or her allegations, treating the individual with respect; b. being present during meetings between the person alleged to have been abused and Eparchial personnel, as requested by the individual; c. explaining the Eparchial response to the specific allegations raised by the individual in order to allow the individual to select the options for assistance; d. ensuring that the Eparchy is justly and adequately responding to the physical, psychological, and emotional needs of the accused cleric; e. taking
appropriate steps to deal with the parish or institution where the accused
cleric has been assigned; g. assisting individuals with information about how to follow?up on the options chosen by the individuals; h. making sure that, while the civil and or/criminal investigation is still in progress, the victims/survivors and their families receive appropriate counseling to avoid further emotional distress and trauma; and i. maintaining the confidentiality of all information relating to any and all allegations of sexual abuse of minors by a member of the clergy. IV. BRINGING AN ALLEGATION AGAINST A CLERIC Policy 57. All persons associated with the Eparchy are expected to cooperate with civil authorities, comply with legally established reporting requirements, and otherwise conduct themselves as good citizens. In addition, all Eparchial clergy and all religious, employees, and volunteers working for the Eparchy shall comply fully with the letter and spirit of this process. These personnel are also expected promptly to report allegations of a cleric’s sexual misconduct with a minor to the Case Administrator. Procedures 58. Allegations that a cleric of the Eparchy engaged in sexual misconduct with a minor may be reported to the Eparchy either by telephone or in writing, or by meeting in person with the Case Administrator. 59. To the extent possible, the person making the report should provide the Case Administrator with the name of the cleric who is the subject of the allegation, the name or names of the alleged victim or victims, an accurate description of the alleged misconduct, the relevant dates, times and circumstances in which the misconduct allegedly occurred, and the names, addresses and telephone numbers of other persons who may have knowledge of the alleged misconduct. 60. If an allegation becomes publicly known through the media or through some other means, the Response Team shall make appropriate inquiries and proceed substantially in the same manner as with any other allegation. 61. The Pastoral Response Team ordinarily will not process anonymous allegations or allegations that do not contain enough information to permit reasonable inquiry. The Case Administrator shall report all such allegations to the Review Board at its next regularly scheduled meeting and the Board shall review the Case Administrator’s action. 62. All allegations against a cleric who has resigned from active ministry or is deceased shall proceed in the same manner as any other allegation to the extent necessary to make a determination whether there is reasonable cause to suspect that the accused had engaged in sexual misconduct with a minor during the time he was serving as a cleric of the Eparchy and to facilitate the outreach of those affected as contemplated by these policies. If the whereabouts of a resigned cleric against whom an accusation is made are known or can reasonably be determined, the Case Administrator shall contact the accused and request his response. If the whereabouts of the accused cleric are not known or if he is deceased, the Vicar General may take such action as he deems warranted to protect the good name and reputation of the cleric. V. ENSURING AN EFFECTIVE RESPONSE TO ALLEGATIONS OF SEXUAL ABUSE OF MINORS Policy 63. The Eparchy has adopted a process to address allegations of sexual misconduct and sexual abuse of a minor by a member of the clergy. By following the procedures outlined below and by working with the person alleged to have been abused, his or her family members and appropriate civil authorities, this process will help ensure an effect response to allegations of sexual abuse of minors. Information generated in connection with this process shall be maintained in a confidential manner and may only be disclosed in accordance with this section. Procedures 64. Upon
receipt of an allegation, the Case Administrator shall inform the person
bringing the allegation that the Eparchy has both a policy and procedures
to be followed in this matter and that this process will now be activated. 66. If the victim is a minor at the time the alleged allegation is brought, applicable state law shall be followed in reporting the allegation to civil authorities, even if the allegation is not of recent occurrence. 67. The Case Administrator shall contact the Eparchial bishop, the chair of the Review Board, and the Eparchial attorney, to whom he shall provide the details as known, including the identity of the alleged perpetrator and the alleged victim. 68. If the accused is a religious cleric, the Case Administrator shall consult with the Vicar General who will contact the major religious superior to apprise him of the allegation and that the Eparchial policy and procedures for handling such complaints has been activated. 69. The Assistance Coordinator, in cooperation with the Case Administrator, shall oversee the pastoral care of the alleged victim and his or her family, the accused cleric, and the affected community/communities. 70. The Case Administrator shall contact the accused cleric. The Case Administrator will communicate to the accused cleric the details of the accusation and the name of the accuser. Prior to meeting with the Case Administrator, the cleric is to be offered pastoral assistance and be encouraged to seek civil and canonical assistance. 71. The Case Administrator shall obtain information from the cleric’s personnel file or background, make appropriate inquiries about the allegation, and prepare a written report of all available information for presentation to the Board at the Preliminary Inquiries meeting. 72. The Pastoral Response Team shall make a recommendation to the Eparchial bishop as to whether they believe the safety of children requires the immediate withdrawal of the cleric from his ministerial assignment. 73. When the preliminary investigation of a complaint (Cf. CCEO, cc. 1468-1470) against a cleric so indicates, the Eparchial bishop will relieve the accused promptly of his ministerial duties after hearing the Promoter of Justice and citing the accused (Cf. CCEO, can. 1473). The Eparchial bishop shall also notify the Congregation of the Doctrine of Faith. The accused will be referred for appropriate medical and psychological evaluation, so long as this does not interfere with the investigation by civil authorities (Cf. Charter, art. 5). 74. The Pastoral Response Team shall compile a written report verifying that each of these steps has been taken. 75. Within five days after the Pastoral Response Team has compiled their written report, or as soon as circumstances permit, after meeting with the person bringing an allegation which has at least the semblance of truth and/or the person alleged to have been abused, the Review Board, the Case Administrator and the Eparchial attorney will then meet to discuss the allegation which will be presented by the Case Administrator. This meeting may be held by conference telephone. The allegation is considered to have been received after the Case Administrator has gathered all possible information from the victim and has given the accused cleric a reasonable opportunity to respond to the allegation. 76. If the allegation bears a semblance of truth, but is lacking in sufficient detail, the Case Administrator may be instructed by the Review Board to meet again with the person bringing the allegation. More information shall be sought or the person bringing the allegation may be referred to a professional for help in clarifying the alleged incident. 77. If after consulting with the Review Board, the Eparchial bishop finds that the allegation does not bear the semblance of truth, the bishop will issue a decree to this effect, the Case Administrator will inform the person making the allegation and the accused cleric of this conclusion and no further action will be taken. 78. The following procedures shall be followed in cases of allegations involving a member of the clergy if, after hearing the results of the Review Board’s investigation, the Eparchial bishop judges an allegation to bear the semblance of truth: a. The Review Board will typically meet with the person alleged to have been abused and, if he or she is a minor, with his or her parents. The Review Board will listen to the account of the allegation, gathering any additional pertinent facts and information which may be available. b. The Review Board will typically meet with the cleric who has been accused. In the meeting the Review Board will communicate to the cleric the details of the accusation and the name of the accuser. Prior to the meeting, the cleric is to be informed that he may retain the assistance of civil and canonical counsel. 79. The Board may recommend to the Eparchial bishop delaying the commencement of its review to await the completion of the investigations conducted by the civil authorities. The Board’s inquiries shall specifically address: a. whether the steps taken by the Pastoral Response Team have been appropriate and in compliance with the Eparchial policies and procedures; b. what further actions to be taken with respect to the allegation(s). 80. The Board shall assess whether there is a reasonable cause to suspect that the accused cleric engaged in sexual abuse with a minor, and on the basis of this assessment shall make recommendations to the Eparchial bishop about the following: a. if the cleric has already been temporarily withdrawn from ministry pending inquiry, whether such withdrawal should continue; if the withdrawal should not continue, whether any restrictions should be imposed on a cleric returning to ministry; b. if the cleric has not been temporarily withdrawn from ministry, whether he should be withdrawn, whether he should continue in his assignment and, if any restrictions should be imposed upon him; c. whether the preliminary actions taken by the Pastoral Response Team were appropriate and whether further actions should be contemplated; d. whether the file may be closed at this stage of the proceedings or held open pending action by civil authorities; and e. if the cleric’s conduct does not constitute sexual misconduct with a minor but is otherwise inappropriate, whether further action is warranted and suggestions as to such action. 81. The Board will prepare a complete report of the facts of the case and provide it to the Eparchial bishop along with any additional appropriate counsel. The bishop will review the report, make a judgment on the merits of the allegation, and issue that judgment by means of a decree which concludes the preliminary investigation. When there appears to be sufficient evidence that sexual abuse of a minor has occurred, the Eparchial bishop is then to make the facts of the case known, along with his votum, to the Congregation for the Doctrine of the Faith at the Holy See. The determination of the need for a canonical trial, the venue for such, and the determination of any further definitive action to be taken against the accused cleric are henceforth subject to whatever directive is received from the Holy See. 82. When a report of the allegation has been made to the Holy See, the cleric is to be placed by decree of the Eparchial bishop on temporary leave from his present assignment, effective immediately and pending the outcome of a canonical trial or the issuance of any other decree from the Holy See. The Eparchial bishop or his designee will make contacts to assure immediate assistance and support for the cleric. 83. The Eparchial bishop or his designee may encourage the accused cleric to undergo a comprehensive evaluation. The accused cleric is free not to undergo an evaluation. If the cleric agrees to undergo an evaluation, the Eparchial bishop or his designee will arrange for the evaluation. Information resulting from such an evaluation is the property of the accused cleric. He may agree to make it available to the Eparchial bishop or he may decline to do so. He may further agree to have the information made available to the Board. Any such information shall be kept confidential by those receiving it, except as it may be required by law to be revealed. 84. If the allegation has, according to the process outlined above been referred to the Holy See, any eventual outcome, including the determination of penalties to be applied to the cleric, will result wholly from either a canonical trial or from a decree of the Holy See. 85. If the Review Board concludes that the evidence of sexual abuse of a minor by a cleric is insufficient and inconclusive but nevertheless finds the cleric to be partially imputable for indiscreet actions, the cleric’s faculties may be suspended by the Eparchial bishop, at least temporarily while he is provided a thorough psychological evaluation and if necessary treatment. The cleric’s future role in pastoral ministry shall be determined by the Eparchial bishop in consultation with the Review Board. a. Monitoring programs for clerics who have been found partially imputable for indiscreet actions with minors must reflect the Eparchy’s primary goals of protecting children and the integrity of the Church. b. These clerics should expect to be appropriately monitored for the remainder of their lives as clerics of the Eparchy and their files shall remain open. 86. If, after due consultation, the Eparchial bishop has judged that there does not appear to be sufficient evidence that sexual abuse of a minor has occurred, the following shall occur: a. Every step will be taken to restore the good name of the accused (Cf. Norms, §12). b. The Eparchial bishop will make a decision regarding the ministry assignment of the cleric. VI. CANONICAL PROCEDURES 87. Where
sexual misconduct with a minor by priest or deacon is admitted or is established
after an appropriate investigation in accord with canon law, the following
will pertain. 89. In every case, the process provided for in canon law must be observed, and the various provisions of canon law must be considered (Cf. Canonical Delicts Involving Sexual Misconduct and Dismissal from the Clerical State, 1995; Graviora Delicta, Letter from the Congregation for the Doctrine of the Faith, May 18, 2001). These provisions may include a request by the priest or deacon for dispensation from the obligations of holy orders and the loss of the clerical state, or a request by the Eparchial bishop for dismissal from the clerical state even without the consent of the priest or deacon. For the sake of due process, the cleric is to be encouraged to retain the assistance of civil and canonical counsel. When, necessary, the Eparchy will supply canonical counsel to a priest. 90. If the penalty of dismissal from the clerical state has not been applied (e.g., for reasons of advanced age or infirmity), the cleric is to lead a life of prayer and penance. He will not be permitted to celebrate Divine Liturgy publicly, to wear clerical garb, or to present himself publicly as a priest (Cf. Charter, art. 5; Norms, §9). 91. A cleric described in Section VI, and who has not been dismissed from the clerical state may live in a supervised setting designated by the Eparchy or resign from active ministry as a cleric and petition for laicization. The Eparchy ordinarily will offer such resigned clerics an opportunity for continuing therapy as part of an appropriate severance program. If the cleric does not express a desire to live in such a supervised setting or petition for laicization, the Eparchy may pursue appropriate courses of action permitted under the Code of Canons of the Eastern Churches. 92. A cleric who is assigned to live in a supervised setting must sign a written agreement with the Eparchy. The agreement must include such provisions as to his restrictions, residence, therapy, supervision and other matters as may be recommended by his therapists or the Review Board, or required by the Eparchial bishop. The cleric’s compliance with the terms of the agreement and overall performance will be monitored from time to time by the Case Administrator. The Case Administrator will present written reports of the monitoring to the Review Board at least annually. Either the Board, the Eparchial bishop or cleric may initiate a Supplementary Review of the situation in accordance with the procedures of this policy. 93. A cleric’s failure to comply with the agreement he has signed or any of the relevant conditions or restrictions imposed shall be the basis for the initiation of a Supplementary Review which may result in such other action as the Review Board deems appropriate.
Supplement
Addressing Allegations of Sexual
94. All Church Personnel working in Eparchial parishes and institutions must uphold Christian values and conduct. The public and private conduct of employees and volunteers can inspire and motivate people young men and women or it can undermine their faith. Unethical and illegal conduct compromises the integrity of Church ministry, violates the fundamental principles and causes serious damage to individuals and to the whole Christian community. Church Personnel must, at all times, be aware of the responsibilities that accompany their work. 95. The Eparchy has developed this Supplement Addressing Allegations of Sexual Abuse of Minors by Church Personnel to outline the Eparchy’s policy and procedures for receiving and investigating allegations of sexual abuse of a minor committed by Church Personnel. These procedures established in the Supplement shall be followed in cases of allegations of sexual abuse of minors involving Church Personnel who are not clerics. 96. For
purposes of the Supplement, Church Personnel includes lay employees and
volunteers, seminarians, and individuals who have received minor orders.
99. The Eparchy shall evaluate the background of all Church Personnel who have regular contact with minors. Specifically, it shall utilize the resources of law enforcement and other community agencies. In addition, it shall employ adequate screening and evaluation techniques when hiring new employees or accepting volunteers for ministry in the Eparchy. The Eparchy shall review and build upon on-going programs for the screening and education of Church Personnel in matters related to sexual abuse of minors. 100. It shall be the responsibility of pastors and agency directors to provide education and training for Church Personnel to enable them to understand and appropriately respond to the issue of sexual abuse of minors. Pastors and agency directors shall make sure that Church Personnel have received and read the Eparchial document on Ministerial Responsibility Requirements: Code of Ethical Conduct for Clergy, Employees, and Volunteers Working with Minors. For certification purposes, the Eparchy shall mandate that Church Personnel participate in training seminars about Professional Ethics offered by the local Roman Catholic dioceses. 101. As part of the continuing education of Church Personnel, the Eparchy shall assure that there is ongoing communication with Church Personnel about child abuse issues through meetings, mailings, and Eparchial publications. II. ENSURING
AN EFFECTIVE RESPONSE TO ALLEGATIONS 102. Sections IV and V of the Eparchial Statement of Policies and Procedures for Allegations of Sexual Abuse of Minors by Priests and Deacons shall guide the Eparchy’s effective response to allegations of sexual abuse of minors levied against Church Personnel. Canonical procedures reserved to cases involving members of the clergy and religious may not apply to Church Personnel. 103. If after due consultation with the Review Board the Eparchial bishop finds the allegation to bear the semblance of truth: a. The Pastoral Response Team will typically meet with the person alleged to have been abused and, if he or she is a minor, with his or her parents. The Pastoral Response Team will listen to the account of the allegation and may inquire as to whether others are alleged to have been abused. b. The pastor or agency director, as applicable, will be informed and the accused will be placed on temporary administrative leave in accordance with Eparchial Personnel Policies, as applicable. c. The Pastoral Response Team will typically meet with the person against whom the allegation has been made and present him or her with the details of the allegation. He or she shall be advised of his or her right to civil and legal counsel. This shall be done in coordination with the pastor or agency director to assure that applicable personnel policies are followed. d. The accused may be provided immediate assistance and support as determined to be appropriate, consistent with applicable personnel policies and benefit plans. e. The Eparchial bishop may direct the formation of a task force, typically composed of the Pastoral Response and members of the Review Board, to communicate with the parish or agency and to offer help in dealing with the alleged abuse and its effects on the community at large. Spiritual and pastoral care will always be offered. III. POSSIBLE OUTCOMES 104. In compiling information for the Review Board pursuant to its investigation, the Pastoral Response Team shall take into account the outcome of any civil investigation. There are three possible outcomes from the civil or Eparchial investigation and assessment process: a. The allegation may be found substantiated either through the admission or lack of denial of the accused or through the civil investigation or through the Eparchial assessment of the allegation. b. The allegation may be found unsubstantiated. c. The evidence supporting the allegation may be inconclusive to support a finding either that the allegation was substantiated or was not substantiated. 105. If an allegation of sexual abuse of minor(s) is found to be substantiated, the accused will be subject to the sanctions of criminal and/or civil law. Additionally, the accused will be terminated from employment or volunteer commitment or any position of responsibility and trust within the Eparchy. The Professional Case Administrator shall inform the parties in writing regarding the outcome of the investigation. 106. If an allegation of sexual abuse is found to be unsubstantiated, the Professional Case Administrator shall inform the parties in writing of the outcome of the investigation. If necessary, continued efforts shall be made to maintain the good name of the accused and provide for his/her well-being. Further, the Professional Case Administrator and the Assistance Coordinator will make appropriate arrangements for the pastoral care of the complainant. If there are any future steps that can be taken to assure a return to normal relationships in the parish or agency involved, The Review Board shall consider these steps. 107. If the evidence is inconclusive as to the validity of an allegation of sexual abuse, two factors must be balanced: (1) the safety and well being of the alleged victim, the safety and well-being of children, and the well-being of the community; as well as (2) the rights of the accused. Based on the charge and the nature of the evidence, accused Church Personnel may be placed on corrective action or terminated under the personnel policies of the Eparchy. It lies with the prudential and balanced judgment of the Review Board to require psychological evaluation and treatment of the person accused. The Professional Case Administrator shall inform the parties in writing of the outcome and make efforts to minimize the impact on the victim and the community. In these cases, The Review Board may refer the alleged victim for follow-up with pastoral care and psychological counseling, as appropriate. |
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