Diocese of
Rockford
Sexual Misconduct Norms
Sexual Misconduct With Minors:
Norms For Education, Prevention,
Assistance To Victims And
Procedures For Determination Of
Fitness For Ministry/Employment
Revised September, 2005
INTRODUCTION
In February of 1987, Bishop Arthur J. O'Neill
created the Intervention Team to deal with sexual
misconduct of priests, religious and/or lay employees of
the Rockford Diocese.
From 1987 to the present, the Intervention Team has
dealt with a variety of situations concerning sexual
misconduct of priests, religious and/or lay employees of
the Rockford Diocese.
In June of 1993, the
National Conference of Catholic Bishops (NCCB) created an
Ad Hoc Committee On Sexual Abuse chaired by the
Most Reverend John F. Kinney to study the subject of
sexual abuse by priests, religious and lay members of
diocesan staff. Since
June of 1993, the above mentioned Ad Hoc Committee has
reviewed 157 policies that were in place in dioceses
throughout the country, as well as reports from 10
evaluation and treatment centers, and numerous articles on
selective topics in different areas by authors with
experience in the field.
In November of 1994, the Ad Hoc Committee On Sexual
Abuse issued a report to the NCCB entitled,
"Restoring Trust, Pastoral Response To Sexual
Abuse." Said
report is the first installment of resource material to
help the NCCB respond to the need for restoring trust in
this extremely sensitive and challenging area of sexual
abuse by members of the Church and in society at large.
In November 1994, Monsignor David D. Kagan, at the
direction of the Most Reverend Thomas G. Doran, formed an
Ad Hoc Committee to study the NCCB's Ad Hoc Committee
Report On Sexual Abuse, the current procedures used by the
Rockford Diocese Intervention Team and its membership.
That Committee reported its findings to Monsignor
Kagan on
March 10, 1995
.
In late 1994 and the early part of 1995, Bishop
Doran reviewed the report published by the National
Conference of Catholic Bishops Ad Hoc Committee on Sexual
Abuse and input from an Ad Hoc Committee appointed by him
in the Rockford Diocese on the same subject.
As a result of all of the above, Bishop Doran
issued the "Sexual Misconduct With Minors: Norms for
Education, Prevention, Assistance To Victims and
Procedures For Determination Of Fitness For
Ministry/Employment." (hereafter "Norms").
The Norms have been revised over the years to stay
in compliance with the ever evolving laws and The
Charter for the Protection of Children and Young People,
adopted by the U.S. Conference of Catholic Bishops in
2002. Bishop
Doran promulgates these policies and procedures as
particular law for this local Church.
As a Church whose authority is spiritual and moral,
the Diocese does not have the power of civil government to
compel compliance. The
success of the policies and procedures regarding clergy,
religious and/or Diocesan employee sexual misconduct with
minors depends, to a great extent, on cooperation by
people of good will.
In
accordance with Canon Law, especially Canons 277 and 1315,
I adopt and establish these Norms, as revised, as
particular law in the Rockford Diocese, enforceable by the
application of appropriate Canonical penalties.
These Norms are to be promulgated by providing a
copy of same to all priests and clergy known to be
residing or ministering in the Rockford Diocese and to all
lay personnel employed by or volunteering their services
to the Rockford Diocese.
They are effective on this date and shall become
operational this date.
Revised, approved and promulgated.
|
|
___________________________________________
The Most Reverend Thomas G. Doran, D.D., J.C.D.
Bishop of
Rockford
|
Given at the Chancery
this 21st day of September A.D. 2005
________________________________
Reverend Monsignor Glenn L. Nelson, J.C.L.
Chancellor
ARTICLE
ONE
GENERAL PROVISIONS
1.1
Establishment of Policy.
Sexual misconduct by a priest, religious, lay
employee or volunteer, with a minor
violates human dignity, ministerial commitment and the
mission of the Catholic Church:
(a)
The Diocese establishes these policies and
procedures to review the fitness for ministry or
employment of any priest, religious or lay person accused
of sexual misconduct with a minor.
The policies and procedures involve the people of
the Church in a substantive role;
(b)
The policies and procedures shall be fair
and responsive to the pastoral needs of the victim, the
victim's family, the community, and the accused.
The policies and procedures shall facilitate
cooperation and avoid interference with civil authorities
responsible for investigating allegations of sexual
misconduct. The
primary purposes of these policies and procedures are the
safety of children, the well being of the community, and
the integrity of the Church; and
(c)
The Diocese shall publish its policies and
procedures related to sexual misconduct so that those
affected can readily seek and receive the assistance
afforded by them.
1.2
Funding, Staff and Facilities.
The Diocese shall provide sufficient funding, staff
and facilities to assure the effective implementation of
the programs established by these provisions.
1.3
Education of Priests, Religious and Laity.
The Diocese shall establish appropriate programs
about the nature and effect of sexual misconduct with a
minor for the continuing education of priests, religious
and laity.
1.4
Review and Amendment.
At least once annually, the Review Board
established in Article Four shall review these policies
and procedures and make any recommendations for amendment
to the Bishop. The
Bishop may amend these policies and procedures at any time
upon the recommendation of the Review Board or at his own
initiative.
ARTICLE
Two
ASSISTANCE TO THOSE AFFECTED
2.1
Assistance To Those Affected.
The Diocese shall make appropriate assistance
available to those who may be affected by the alleged
sexual misconduct of a priest, religious, lay employee or
volunteer, with a minor.
2.2
Assistance to Victim.
The Diocese shall designate a Victim Assistance
Counselor who shall minister to the victim, victim's
family or other persons affected.
The minister shall identify professional and other
resources and make them available to aid in the care of a
victim or other person.
Through pastoral outreach to victims and their
families, the bishop or his representative will offer to
meet with the victim, to listen with patience and
compassion to the victim's experiences and concerns, and
to share the "profound sense of solidarity and
concern" expressed by Pope John Paul II in his
Address to the Cardinals of the United States and
Conference Officers. This pastoral outreach by the bishop
or his delegate will also be directed to faith communities
in which the sexual abuse occurred.
2.3
Assistance to Community.
The Diocese shall develop and maintain programs for
outreach to communities affected.
The programs shall promote healing and
understanding.
2.4
Assistance to Accused.
In the event that a priest, religious, lay employee
or volunteer is accused of sexual misconduct with a minor,
it is the responsibility of the accused to obtain his/her
own legal counsel.
ARTICLE
Three
SCREENING, FORMATION, EDUCATION &
ASSIGNMENT TO MINISTRY/EMPLOYMENT
3.1
Screening and Education of Priests,
Religious, Laity and Seminarians.
The Diocese shall review and augment on-going
programs for the screening and education of seminarians
and the continuing education of priests, religious and
laity in matters related to sexuality and sexual
misconduct.
(a)
Psychological Profile.
Consistent with applicable ethical, canonical and
legal principles and as soon as may be appropriate, a full
psychological profile of each seminarian 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 permanent personnel file.
The profile may be updated as necessary or
appropriate;
(b)
Development Programs.
The Diocese of Rockford shall expect seminaries to
offer, as part of their formation programs, age
appropriate courses and components 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; and
(c)
Certification by Priests.
Every priest, religious or lay person who holds an
assignment, employed or volunteer position within the
Diocese shall certify in writing that he/she has read and
is familiar with the Diocesan policies and procedures
regarding sexual misconduct with minors. The certification
will be maintained in the person’s personnel file.
3.2
Relationship with Religious Communities.
The Diocese shall establish a protocol applicable
to religious communities whose members maintain or seek
faculties or employment in the Diocese.
The protocol shall state:
(a)
The community will abide by the Diocesan
policies and procedures relating to sexual misconduct with
minors;
(b)
The community must provide a copy of its own
policies and procedures to the Vicar for Clergy &
Religious; and
(c)
As to each candidate presented for faculties
or employment in the Diocese, the presenting community
shall provide a written statement about the person's
status, background, character and reputation. In
the case of any incident of sexual misconduct with a
minor, the presenting community shall submit to the Vicar
for Clergy & Religious a comprehensive report of the
allegation and its disposition.
3.3
Extern Priests.
The Diocese shall review, and if necessary, revise
its policies affecting extern priests who seek or maintain
faculties in the Diocese.
The revised policies shall require the priest's
proper Ordinary to certify that he is unaware of anything
in the priest's background which would render him
unsuitable to work with minors.
In the case of any incident of sexual misconduct
with a minor, the priest’s proper Ordinary shall submit
to the Vicar for Clergy & Religious a comprehensive
report of the allegation, the investigation if
appropriate, and its disposition.
3.4
Review by Misconduct Officer.
If any incident of sexual misconduct with a
minor is disclosed in connection with the presentation of
a religious priest or woman or application of a priest
from another diocese, the Vicar for Clergy & Religious
shall refer the matter to the Misconduct Officer, who
shall apply the standards for return to ministry or
employment contained in Articles Four and Five.
ARTICLE
Four
REVIEW PROCESS FOR
CONTINUATION
OF MINISTRY/EMPLOYMENT
4.1
Establishment of Process.
Determination and recommendations regarding the
continuation of ministry or employment of any priest,
religious or lay person who is the subject of an
allegation of sexual misconduct with a minor or the return
to ministry or employment of a priest, religious or lay
person withdrawn by reason of such an allegation shall be
made to the Bishop according to the consultative and
advisory process established in Articles Four and Five
herein.
4.2
Compliance and Cooperation.
All persons associated with the Diocese are
expected to cooperate with the civil authorities, comply
with legally established reporting requirements, and
otherwise conduct themselves as good citizens.
In addition, the Diocesan clergy and all religious,
lay employees and volunteers working for the Diocese shall
comply fully with the letter and spirit of this process.
These individuals are expected to report promptly
allegations of sexual misconduct with a minor to the
Misconduct Officer unless prohibited by applicable Church
law. Priests
and religious and laity working in the Diocese are
expected to cooperate with the process consistent with
their particular status within the Diocese.
All people of good will who may have to relate to
the process are asked to do so with understanding and
sensitivity for its goals.
Effective July of 2003, clergy members are mandated
reporters under the Illinois Abused and Neglected Child
Reporting Act, except where the information was obtained
in a manner that is protected by the priest-penitent
privilege. In
addition to making a report to the Misconduct Officer, if
the individual learning of the alleged abuse is a mandated
reporter and the abuse involves a minor, the individual is
required under
Illinois
law to report the abuse to the Department of Children and
Family Services Hotline number, which is 1-800-25-ABUSE.
Moreover, all individuals who make a report to the
Misconduct Officer are encouraged to make a report of the
abuse to the police department of the county in which the
alleged abuse occurred.
4.3
Diocesan Review Board.
The recommendations described in Article 4.1 shall
be made to the Bishop by the Rockford Diocese Review
Board, formerly known as the Intervention Committee
(hereinafter "Review Board"):
(a)
Membership.
The Review Board shall be comprised of a minimum of
sixteen members appointed by the Bishop.
Eleven members shall be lay Catholics, two members
shall be religious, and three members shall be priests who
are experienced and respected as pastors in the Diocese.
Of the eleven lay Catholic members, there shall be
two mental health professionals.
All eleven lay Catholic members shall be
practicing, active Catholics in their respective parishes.
The Review Board shall be composed of persons of
outstanding integrity and good judgment in full communion
with the Church. The
majority of the Review Board members will be lay persons
who are not in the employ of the Diocese; at least one
member shall have particular expertise in the treatment of
the sexual abuse of minors;
(b)
Term.
The
appointment and term of each Review Board member shall be
determined by the Bishop;
(c)
Officers.
The Bishop shall designate one member as
chairperson and one member as vice chairperson.
The chairperson will ordinarily convene and preside
at meetings of the Review Board in accordance with the
will of the Review Board.
The vice chairperson will perform these functions
when the chairperson is unable to do so;
(d)
Voting Members.
The Misconduct Officer, Review Board attorney, and
Diocesan Investigator are ex officio non-voting members of
the Review Board;
(e)
Relationship with Bishop.
The Review Board shall serve as the principal agent
of the Bishop in making the recommendations contemplated
by these policies and procedures.
The Review Board is not accountable to other
officials of the Diocese except as may be necessary for
the efficient administration of its business;
(f)
Compensation.
None of the members of the Review Board shall
receive compensation for their services, but all members
shall be reimbursed for their necessary expenses;
(g)
Quorum and Majority for Doing Business.
Nine members of the Review Board shall constitute a
quorum and the concurrence of not less than five members
of the Review Board shall be necessary for a
recommendation; and
(h)
Meetings.
1.
Generally.
The Review Board shall conduct its business at
meetings, which shall be scheduled as often as necessary
to perform its duties.
The Review Board ordinarily will meet in person but
may meet by telephone conference call.
The members of the Review Board shall not discuss
the business of the Review Board or information presented
to the Review Board outside Review Board meetings, except
that the Misconduct Officer and/or the Review Board
attorney may communicate with Review Board members as
required by this process or otherwise appears appropriate;
2.
Attendance.
A minimum of nine Review Board members shall attend
those portions of meetings during which information is
presented to the Review Board and the Review Board makes
its recommendation. In
addition to said Review Board members, the Misconduct
Officer, Diocesan Investigator, Review Board attorney,
Vicar for Clergy & Religious and Victim Assistance
Coordinator shall attend all meetings of the Review Board.
All other persons may attend meetings only upon the
invitation or with the consent of the Review Board,
Misconduct Officer and the Review Board attorney, and
subject to limitations as the Review Board might require;
3.
Nature of the meetings.
The meetings shall reflect the pastoral character
of this process which is consultative and advisory, not
adversarial and adjudicative.
The meetings, including First Stage, Second Stage,
and Supplementary Reviews, are not hearings.
They are sessions at which the Review Board
receives and considers information, deliberates, and
formulates its recommendations.
The Review Board may, in its discretion, limit the
information it receives or considers, and the rules of
evidence shall not strictly apply; and
4.
Right to Counsel.
Nothing in these policies and procedures shall be
interpreted as to abridge an individual’s right to legal
or canonical counsel. If the Review Board invites or
permits someone to attend a meeting or a portion of a
meeting, that person may appear with counsel or, in the
Review Board’s discretion which shall be exercised
liberally, such other advisers for whom the person may in
advance of the meeting request the Review Board’s
consent. The Review Board shall not permit the
participation of counsel or an advisor to unduly delay
this process.
(i)
Duties.
The Review Board shall have the authority to:
1.
review matters brought to its attention by
the Misconduct Officer and the Diocesan Investigator and
make recommendations to the Bishop regarding the
continuation of ministry and/or employment of the accused
subject to allegations of sexual misconduct with a minor
and the return to ministry and/or employment following any
withdrawal from a ministerial and/or employment position
arising from an allegation of such misconduct; and make
recommendations regarding assistance to be offered to the
victim, the victim’s family, and/or the parish
community;
2.
recommend guidelines for the inquiries of
the Misconduct Officer and Diocesan Investigator, its own
proceedings and programs for treatment, rehabilitation and
supervision of priests, religious and laity consistent
with these provisions;
3.
submit, with the assistance of the
Misconduct Officer, an annual budget proposal to the
Bishop at a time to be specified.
The budget proposal shall be incorporated into the
proposal for the Chancery Office and may be considered as
part of the Diocesan budget process.
However, the budget proposal may not be reduced
without the knowledge of the Bishop; and
4.
recommend to the Bishop such amendments to
these policies and procedures as the Review Board believes
helpful.
4.4
Misconduct Officer.
The Misconduct Officer shall assist the Review
Board in the performance of its duties:
(a)
Appointment and Terms.
The appointment and term of the Misconduct Officer
shall be determined by the Bishop.
(b)
Duties.
The Misconduct Officer shall have the authority to:
1.
receive and analyze information and
allegations of sexual misconduct by an accused person with
a minor and the return to service of the accused withdrawn
from a ministerial assignment or employment;
2.
comply with all civil reporting requirements
related to sexual misconduct with a minor and to cooperate
with official investigations;
3.
conduct such inquiries as may be appropriate
for a representative of a private organization;
4.
communicate in an appropriate manner with
the victim or person making an allegation, the Victims
Assistance Coordinator, the Diocesan Investigator, the
accused, the Vicar for Clergy & Religious, the Bishop,
the Review Board and such other persons as the Misconduct
Officer, Diocesan Investigator, and/or the Victims
Assistant Coordinator deems appropriate;
5.
assist the Review Board by preparing and
submitting reports pertaining to allegations and requests
and such other information as may be appropriate;
6.
monitor programs for treatment,
rehabilitation or supervision of priests, religious and
laity and report to the Review Board about these programs;
and
7.
perform such other duties as may be
prescribed by the Bishop or Review Board from time to
time.
4.5
Diocesan Investigator.
The Diocesan Investigator shall assist the Review
Board in the performance of its duties:
(a)
Appointment and Terms.
The appointment and term of the Diocesan
Investigator shall be determined by the Bishop.
(b)
Duties.
The Diocesan Investigator shall have the authority
to:
1.
receive and analyze information and
allegations of sexual misconduct by an accused person with
a minor and the return to service of the accused withdrawn
from a ministerial assignment or employment;
2.
comply with all civil reporting requirements
related to sexual misconduct with a minor and to cooperate
with official investigations;
3.
conduct such inquiries as may be directed or
approved by the Misconduct Officer;
4.
communicate in an appropriate manner with
the victim or person making an allegation, the Misconduct
Officer, the Review Board attorney, Victims Assistance
Coordinator, the accused, the Vicar for Clergy &
Religious, the Bishop, the Review Board and such other
persons as the Misconduct Officer, Diocesan Investigator,
and/or Victims Assistance Coordinator deems appropriate;
5.
assist the Review Board by preparing and
submitting reports pertaining to allegations and requests
and such other information as may be appropriate;
6.
monitor programs for treatment,
rehabilitation or supervision of priests, religious and
laity and report to the Review Board about these programs;
and
7.
perform such other duties as may be
prescribed by the Bishop or Review Board from time to
time.
4.6
Victims Assistance Coordinator.
The Victims Assistance Coordinator shall assist the
Review Board in the performance of its duties:
(a)
Appointment and Terms.
The appointment and term of the Victims Assistance
Coordinator shall be determined by the Bishop.
(b)
Duties.
The Victims Assistance Coordinator shall have the
authority to:
1.
receive and analyze information and
allegations of sexual misconduct by an accused person with
a minor and the return to service of the accused withdrawn
from a ministerial assignment or employment;
2.
comply with all civil reporting requirements
related to sexual misconduct with a minor and to cooperate
with official investigations;
3.
conduct such inquiries of the victim as the
Victims Assistance Coordinator deems appropriate;
4.
communicate in an appropriate manner with
the victim or person making an allegation, the Diocesan
Investigator, the Misconduct Officer, the Review Board
attorney, the accused, the Vicar for Clergy &
Religious, the Bishop, the Review Board and such other
persons as the Misconduct Officer, Victims Assistance
Coordinator, and/or Diocesan Investigator deems
appropriate;
5.
assist the Review Board by preparing and
submitting reports pertaining to allegations and requests
and such other information as may be appropriate;
6.
monitor programs for treatment,
rehabilitation or supervision of priests, religious,
laity, and/or the victim, and report to the Review Board
about these programs; and
7.
perform such other duties as may be
prescribed by the Bishop or Review Board from time to
time.
4.7
Confidentiality and Disclosure of
Information. Information
generated in connection with the process set forth in
Articles Four and Five shall be maintained in a
confidential manner and may only be disclosed in
accordance with this section:
(a)
The Misconduct Officer is the custodian of
all information described in Articles Four and Five and
shall develop an appropriate record keeping system to
ensure accountability for and security of the information;
(b)
The Misconduct Officer shall maintain the
information in a confidential fashion and may not disclose
such information except as follows:
1.
the Misconduct Officer shall provide the
accused with information sufficient to enable the accused
to respond to the allegation;
2.
the Misconduct Officer shall provide the
person making the allegation and the accused with
appropriate and timely information about the Review
Board's recommendations and the Bishop's actions;
3.
the Misconduct Officer shall provide access
to all information to the Review Board, the Bishop, the
Bishop's delegate, the Review Board attorney, and other
persons the Bishop may designate;
4.
the Misconduct Officer shall provide access
to all information to the competent superior in connection
with allegations about a member of a religious community
or another diocese; and
5.
the Misconduct Officer shall disclose such
information as may be required by law.
4.8
Initiating an Allegation.
Allegations that a priest, religious or lay
employee or volunteer of the Rockford Diocese engaged in
sexual misconduct with a minor may be reported to the
Diocese either by telephoning, writing, or by meeting in
person with the Misconduct Officer and/or the Victim
Assistance Coordinator.
(a)
To the extent possible, the person making
the report should provide the Misconduct Officer and/or
the Victim Assistance Coordinator with the name of the
accused 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;
(b)
If an
allegation of abuse is discovered by the Rockford Diocese
through the media or in some other fashion, the Misconduct
Officer, Victims Assistance Coordinator, and the Diocesan
Investigator shall make appropriate inquiries and proceed
substantially in the same manner as any other allegation;
(c)
Anonymous allegations or allegations that do
not contain enough information to permit reasonable
inquiry ordinarily will not be processed.
The Misconduct Officer or Victims Assistance
Coordinator (the one to whom the allegation was
anonymously reported) shall report all such allegations to
the Review Board at its next meeting and the Review Board
shall review the matter; and
(d)
Care will be taken to protect the rights of
all parties involved, particularly those of the person
claiming to have been sexually abused and of the person
against whom the allegation has been made.
4.9
Preliminary Action and Inquiry.
(a)
Upon receipt of the allegation, the Misconduct
Officer shall comply promptly with all civil
reporting requirements related to sexual misconduct with a
minor. The
Misconduct Officer shall also provide the person making
the allegation with a written statement containing
information about reporting such allegations to public
authorities;
(b)
Ordinarily, the Misconduct Officer shall
promptly do the following:
1.
if the allegation was made by a hotline call
or letter to the Diocese, report the allegation to the
Victims Assistance Coordinator, who will then interview
the individual making the allegation and thereafter
coordinate pastoral assistance to the individual making
the allegation;
2.
report the allegation to the Bishop, his
delegate and other persons the Bishop may designate;
3.
report the allegation to the public
authorities (DCFS and the police department and/or
State’s Attorney’s Office) where the individual
alleged to have been abused is currently a minor;
cooperate with public authorities about reporting in cases
when the person is no longer a minor; comply with all
applicable civil laws with respect to the reporting of
allegations of sexual abuse of minors to civil authorities
and the Illinois Department of Children and Family
Services; and cooperate in their investigation in accord
with the law of the jurisdiction in question;
4.
inform the accused of the allegation and
request an explanation;
5.
inform the accused that he is encouraged to
retain the assistance of civil and canonical counsel and
that he will be notified of the results of the
investigation;
6.
determine whether the immediate withdrawal
of the accused from a ministerial assignment and/or
employment is advisable, and promptly communicate a
recommendation to the Bishop; in making this determination
and recommendation, the Misconduct Officer may consult
with the Bishop, his delegate, and persons designated by
the Bishop, and any others deemed appropriate by the
Misconduct Officer;
7.
Notify the Diocesan Investigator and
together determine the scope of additional investigation
to be conducted; and
8.
Schedule and give effective notice of a
First Stage Review meeting of the Review Board to occur as
soon thereafter an allegation is made as is practicable.
(c)
The Misconduct Officer and the
Diocesan Investigator shall review the accused
person's file, make appropriate inquiries about the
allegation, and prepare a report of all available
information for presentation to the Review Board either
orally or in writing at the First Stage Review meeting.
The Misconduct Officer shall reduce an oral report
to writing as soon as practical after the First Stage
Review meeting and provide copies of this report to the
Review Board, the Bishop, his delegate, and such other
persons that the Bishop may designate;
(d)
Ordinarily the Victims Assistance
Coordinator shall promptly do the following:
1.
gather information from the individual making the
allegation and from other witnesses where practicable;
2.
inform the individual making the allegation of his
or her right to make a report to the civil authorities and
that the Diocese will support his or her right to do so;
and
3.
determine whether it is appropriate to offer to the
individual making the allegation assistance in the way of
counseling services or other services deemed necessary or
appropriate by the Victims Assistance Coordinator, in
accordance with the Diocesan Outreach Program.
The pastoral support offered by the Diocese's
Outreach Program for Victims and their Families includes
the following:
i.
providing prompt, compassionate, professional
response and follow up to persons who make reports and to
their families;
ii.
offering referrals for counseling services and
pastoral care;
iii.
assisting in encouraging the formation of support
groups for adult survivors of childhood sexual abuse who
wish to develop same;
iv.
facilitating pastoral interviews with the Bishop
or his designee; and
v.
appropriate pastoral responses to parishes affected
by reports of sexual misconduct by a priest, deacon or
other minister from their community.
The
focus and concern is primarily on the well being of the
individual who has presented a substantiated allegation of
sexual abuse by a priest, deacon, or other church
personnel of the Diocese.
Compassion requires that primary attention be given
to the person alleged to have been offended.
A friend, family member, colleague or anyone else
of the person's choosing to accompany a person who is
making a report of sexual abuse. The
Diocese recognizes as well that families not infrequently
require the same compassion and sensitivity as the
victims.
4.10
First Stage Review.
The Review Board shall meet as soon thereafter an
allegation is made as is practicable to conduct a First
Stage Review.
(a)
Questions for Review.
At the meeting, the Review Board shall review
and make recommendations regarding: (1) the
Misconduct Officer's original determination about
withdrawal of the accused from a ministerial assignment
and/or employment; (2) the scope of investigation needed
from the Diocesan Investigator; (3) information obtained
by the Victims Assistance Coordinator and (4) what further
action should be taken with respect to the allegation;
(b)
Information to be Considered.
The Review Board shall consider the Misconduct
Officer's report, any reports by the Victims Assistance
Coordinator and/or the Diocesan Investigator, any
information provided by the victim and/or the victim’s
family, any information provided by the accused,
information provided by the Bishop's delegate or other
persons identified by the Bishop, and any other
information which the Review Board believes helpful and is
able to obtain;
(c)
Recommendation.
The Review Board shall make a recommendation
whether there is reasonable cause to suspect that the
accused engaged in sexual misconduct with a minor, and on
the basis of this determination shall make recommendations
to the Bishop about the following:
1.
if the accused has already been withdrawn
from ministry and/or employment pending inquiry, whether
such withdrawal should continue; if the withdrawal should
not continue, whether any restrictions should be imposed
on a return to ministry and/or employment;
2.
if the accused has not been withdrawn from
ministry and/or employment whether he/she should be
withdrawn, whether he/she should continue in an
assignment/employment and, if so, whether any restrictions
should be imposed upon him/her;
3.
whether the preliminary actions taken by the
Misconduct Officer, the Diocesan Investigator and/or the
Victims Assistance Coordinator were appropriate and
whether further action by the Misconduct Officer, the
Diocesan Investigator and/or the Victims Assistance
Coordinator is required or appropriate;
4.
if assistance has not been offered to the
individual making the allegation, whether it should be
offered to the individual and, if so, the proposed nature
and/or scope of same;
5.
if assistance has been offered to and
accepted by the individual making the allegation, whether
they should continue and/or be modified or withdrawn;
6.
whether the file may be closed at this stage
of the proceedings or held open pending action by public
bodies, further inquiry by the Misconduct Officer and the
Diocesan Investigator and/or the Victims Assistance
Coordinator or further action by the Review Board; and
7.
if the accused person'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.
4.11
Additional Inquiry and Action Following
the First Stage Review.
After the First Stage Review, the Misconduct
Officer, the Victims Assistance Coordinator, and the
Diocesan Investigator shall conduct such additional
inquiry as they think appropriate or as may be directed by
the Review Board, including, for example, interviews of
witnesses, review of documents including documents
reflecting action taken by public bodies, a request for
the psychiatric evaluation of the accused, further
meetings with the person making the allegation, and a
review of his or her counseling records.
The Misconduct Officer, Victims Assistance
Coordinator, and Diocesan Investigator shall prepare one
or more written reports of these inquiries for the Review
Board. These
reports should include descriptions of actions taken by
him, such additional inquiry as may be required, and
identification of information that was not available to
him and why that information was not available.
4.12
Second Stage Review.
There shall be a Second Stage Review which shall
ordinarily be initiated and scheduled to occur no earlier
than thirty and no later than one hundred twenty days
after completion of the First Stage Review.
The Review Board may delay scheduling the Second
Stage Review for a good reason, such as to await the
completion of action by public bodies, or receipt of
additional information:
(a)
Questions for Review.
At the Second Stage Review, the Review Board shall
review and make recommendations regarding: (1) whether
prior determinations as to ministry/employment by the
accused should be altered; and (2) what further action, if
any, should be taken with respect to the allegation as it
regards the accused, the victim, victim’s family and/or
parish community;
(b)
Initiation.
The Second Stage Review may be initiated by the
accused who was withdrawn from ministry or employment or
returned to ministry or employment on a restricted basis,
if he/she seeks to change his/her status, or by the Review
Board in any matter it deems appropriate;
(c)
Information to be Considered.
The Review Board shall consider the reports
submitted by the Misconduct Officer, Victims Assistance
Coordinator, and Diocesan Investigator, information
provided by the Bishop's delegate or other persons
identified by the Bishop, and any other information which
the Review Board believes helpful and is able to obtain;
(d)
Recommendations.
The Review Board shall review and make
recommendations regarding whether it is reasonable to
return the accused to ministry or keep the accused in
ministry or employment in view of all the facts and
circumstances, giving appropriate consideration to the
safety of children and the rights of the accused.
The Review Board shall make appropriate
recommendations to the Bishop about the following:
1.
if the accused has already been withdrawn
from ministry or employment pending inquiry, whether such
withdrawal should continue; if it should not continue,
whether any restrictions should be imposed on the accused
returning to ministry or employment;
2.
if the accused has not been withdrawn from
ministry or employment, whether he/she should remain and,
if so, whether any restrictions should be imposed on
him/her;
3.
whether actions following the First Stage
Review were appropriate and adequate and whether further
action by the Misconduct Officer, the Diocesan
Investigator and/or the Victims Assistance Coordinator is
required or appropriate;
4.
if assistance has not been offered to the
individual making the allegation, whether it should be
offered to the individual and, if so, the proposed nature
and/or scope of same;
5.
if assistance has been offered to and
accepted by the individual making the allegation, whether
they should continue and/or be modified or withdrawn;
6.
whether the file may be closed at this stage
of the proceedings or held open pending action by public
bodies, further inquiry by the Misconduct Officer and the
Diocesan Investigator and/or the Victims Assistance
Coordinator or further action by the Review Board;
7.
whether the file should be closed at this
stage of the proceedings;
8.
whether the file should be held open for
some reason;
9.
if the accused person's conduct does not
constitute sexual abuse of a minor but is otherwise
inappropriate, whether further action appears desirable
and suggestions as to possible action; and
10.
such other matters as the Review Board deems
appropriate.
4.13
Supplementary Reviews. The
Review Board may conduct such Supplementary Reviews as may
be necessary to discharge its duties:
(a)
Questions for Review.
The Review Board may consider new information about
a determination or recommendations made in connection with
a prior review, exercise its responsibility as described
in Articles Four and Five, or oversee the work of the
Misconduct Officer, the Victims Assistance Coordinator,
the supervision and therapy program for the accused, the
services being offered to the individual making the
allegation, or any other matter within its responsibility;
(b)
Initiation.
A Supplementary Review may be initiated by the
Review Board, the Misconduct Officer, the Bishop, or the
Bishop's delegate. In
addition, the accused, a person who made an allegation, a
victim or the family of a victim may apply to the Review
Board in writing for such a review and shall include in
the application a statement of the question or point for
review, the applicant's position with respect to the
matter, and any supporting explanation or information;
(c)
Information to be Considered.
The Review Board may consider the application for
review, the reports submitted by the Misconduct Officer,
Victims Assistance Coordinator, and Diocesan Investigator,
information provided by the Bishop, the Bishop's delegate
or other persons identified by the Bishop, and any other
information which the Board believes helpful and is able
to obtain; and
(d)
Recommendations.
The Review Board may make the same kinds of
recommendations as in a Second Stage Review and make such
other recommendations as it deems appropriate.
ARTICLE
Five
RETURN TO MINISTRY/EMPLOYMENT
5.1
Where Abuse Is Admitted Or SUSTAINED.
An accused person who was withdrawn from
ministry/employment in accordance with Article Four
pending investigation into the allegations will not be
returned to ministry or employment where the accused
individual has admitted to engaging in sexual abuse of a
minor and/or where it has been established that the
accused individual engaged in sexual abuse of a minor,
meaning the allegation has been SUSTAINED. Even
a single act of sexual abuse of a minor, whether admitted
or established, shall prevent the return of the accused
individual to ministry. An
offending priest or deacon will be offered professional
assistance for his own healing and well-being, as well as
for the purpose of prevention.
5.2
Where Abuse is Deemed UNFOUNDED and/or
the Accused is EXONERATED.
An accused person who was withdrawn from
ministry in accordance with Article Four pending
investigation into the allegations will be returned to
