| Policy
Dealing with Allegations of Sexual Abuse of Minors
INTRODUCTION
On November 14, 2002, the Bishops of the United States gave
final approval to The Charter for the Protection of Children
and Young People and Essential Norms for Diocesan/Eparchial
Policies Dealing with Allegations of Sexual Abuse of Minors
by Priests, Deacons, or Other Church Personnel. This later
document was confirmed by the Apostolic See on December 8,
2002 and became effective as particular law for the dioceses
of the United States on March 1, 2003. These documents established
the manner in which the Catholic Church in the United States
will address, in accord with canon law and the approval of
the Holy See, the tragic matter of sexual abuse of minors
by priests, deacons, and other Church personnel.
The Diocese of Stockton established a formal policy to address
issues of sexual abuse of minors in 1987. This policy was
updated in 1999. With the issuance of the Charter and the
Essential Norms, the Diocese of Stockton has updated its 1999
policy to address these matters in order to serve better the
needs of the Church and especially the needs of minors and
others who have been victims of sexual abuse of minors by
clergy, religious, or other Church personnel. Sexual abuse
of a minor in this policy is defined as it is stated in the
Charter.[1]
The Diocese in its policy it recognizes the pain, anger and
confusion that have been caused in victims of sexual abuse.
The Bishop and the Church of Stockton, in union with the Bishops
of the United States, are committed to “provide safety
and protection for children and young people in our church
ministries and institutions” (Charter Preamble). Through
this policy the Diocese seeks to attain these goals:
· To promote healing and reconciliation
with victims of sexual abuse of minors;
· To guarantee effective response to allegations of
sexual abuse of minors;
· To protect the Faithful in the future.
TO PROMOTE HEALING AND RECONCILIATION WITH VICTIMS OF SEXUAL
ABUSE OF MINORS
1. Upon learning of an allegation of sexual abuse of a minor,
the Diocese of Stockton will reach out to the victim(s) and
families involved, demonstrating “a sincere commitment
to their spiritual and emotional well-being” (Charter,
Article 1). This spiritual and emotional assistance will be
provided not only by psychologists and other medical professionals
but also by trained spiritual leaders.
2. The Diocese is committed to continue to reach out to victims
of sexual abuse for healing and reconciliation. To this end,
the bishop shall appoint a Victim Assistance Coordinator whose
role shall be “to coordinate assistance for the immediate
pastoral care of persons” who report to have been sexually
abused as minors by clergy or other church personnel. This
outreach shall be coordinated through the Victim Assistance
Coordinator and include a constellation of services for counseling,
spiritual assistance, and support groups where appropriate.
To the extent possible, the services offered by the Diocese
will be based on the need and condition of the victim and
his or her family, sensitive to their culture and ethnic heritage.
(Charter, Article 2; cf. Essential Norms, 3)
3. Because the sexual abuse of minors occurs in all walks
of life and across various religious traditions, the Diocese
is committed to cooperating with civic social service agencies,
Christian churches and communities, and other faith traditions
to address support for persons who have been sexually abused
as minors. (Charter, Article 1)
4. A Review Board, appointed by the Bishop, shall serve as
a confidential consultative body to the Bishop. This Review
Board shall consist of a minimum of five and a maximum of
fifteen members who represent a diversity of expertise, are
of good integrity and reputation and who are not in the employ
of the Diocese. The majority of the members shall be from
the lay faithful who are in full communion with the Church.
At least one member of the Review Board shall be a priest
who is an experienced pastor. At least one member shall have
a particular expertise in the treatment of the sexual abuse
of minors. (Essential Norms, 5; cf. Charter, Article 2)
A. Terms for members of the Board shall be five years and
renewable.
B. The Bishop shall appoint the chairperson of the Review
Board.
C. Diocesan staff who are not members of the Review Board
shall serve in a consultative role as needed.
5. The functions of the Review Board shall include:
A. Advising the Bishop in his assessment of allegations of
sexual abuse of minors and in his determination of suitability
for ministry. This may include the initial assessment of allegations
and recommendations to the Bishop as to the merit of the allegations.
B. Reviewing regularly the diocesan policy and procedures
for addressing allegations of sexual abuse of minors and making
appropriate recommendations to the Bishop for change or modification.
C. At his request, offering advice to the Bishop on all aspects
of cases, whether retrospectively or prospectively.
6. The procedure for making a complaint will be readily available
in printed and electronic form. It will also be the subject
of periodic public announcements. (Charter, Article 2).
7. The Diocese of Stockton “will not enter into confidentiality
agreements except for grave and substantial reasons brought
forward by the victim and noted in the text of the agreement”
(Charter, Article 3).
TO GUARANTEE EFFECTIVE RESPONSE TO ALLEGATIONS OF SEXUAL ABUSE
OF MINORS
8. The Diocese shall comply with all applicable laws with
respect to the reporting of allegations of sexual abuse of
minors to civil authorities and shall cooperate in any investigations
in accordance with the law of the jurisdiction in question.
The Diocese shall cooperate with public authorities in cases
when the alleged abused person is no longer a minor. In every
instance, the Diocese shall advise an accuser of his or her
right to make a report to public authorities. (Essential Norms,
11; Charter, Article 4)
9. All allegations of sexual abuse of a minor against a priest,
deacon, or other Church personnel shall be treated seriously.
Persons who report an allegation of sexual abuse of a minor
against a priest, deacon, or other Church personnel shall
be treated with respect and human dignity.
10. Priests, deacons, and other specified Church personnel
who, according to civil law, are mandated reporters of suspected
child abuse must personally report such abuse to the proper
civil authorities. All persons employed by or volunteering
with the Diocese shall cooperate with civil authorities. Any
clergy, administrator, staff person or volunteer of the Diocese
receiving or becoming aware of a complaint or allegation of
sexual abuse of a minor by a priest, deacon or other church
personnel shall also:
A. Inform the person making the complaint that the Diocese
has a policy for addressing these matters;
B. Report the matter immediately to the Bishop, Vicar General,
or Victim Assistance Coordinator, providing any details known
so that appropriate contact and outreach can be made with
alleged victims and the necessary civil reporting can take
place.
11. An allegation of sexual abuse of a minor against a priest,
deacon, or other Church personnel can be made by contacting
the Bishop, Vicar General, or Victim Assistance Coordinator
at the Chancery, 1105 North Lincoln Street, Stockton, CA 95203;
telephone: (209) 466–0636.
12. When the Bishop or Vicar General “has knowledge,
which at least seems true,” that sexual abuse of a minor
has been committed by a priest, deacon, or other Church personnel,
he shall initiate a Preliminary Investigation in accord with
canon law (c. 1717, §1). In accord with canon 220, every
effort will be made not “to harm illegitimately the
good reputation which a person possesses nor to injure the
right of any person to protect his or her privacy” (c.
1717, §2; cf. Essential Norms, 6).
A. Either personally or through a delegate, the Bishop or
Vicar General shall contact the individual making the complaint
and/or other appropriate parties without delay to obtain the
basic information needed to make the report to civil authorities.
B. Once notified of the allegations, the accused shall be
encouraged to retain the assistance of civil and canonical
counsel and shall be notified of the results of the investigation.
“The alleged offender may be requested to seek, and
may be urged voluntarily to comply with, an appropriate medical
and psychological evaluation at a facility mutually acceptable
to the diocese/eparchy and to the accused” (Essential
Norms, 7; cf. Charter, Article 5).
C. During the Preliminary Investigation and by means of an
administrative act, the Bishop or Vicar General may withdraw
the accused from ministry and issue precepts to which is he
is bound (Essential Norms, 9).
13. Once the evidence has been gathered concerning the allegation,
the Bishop may bring the entire matter to the Review Board
for its advice regarding the facts and findings of the investigation
and the probable nature of the allegation (c. 1718, §3;
Essential Norms, 4).
14. When the Bishop determines that it is probable that the
crime of sexual abuse against a minor by a cleric has been
committed, he closes the Preliminary Investigation (c. 1718,
§1) and notifies the Congregation of the Doctrine of
the Faith by sending all relevant documents and his votum,
giving his opinion of the case, suggestion for future action,
and a request for derogation from prescription (Essential
Norms, 8A). At that time, the Bishop may apply the precautionary
measures mentioned in canon 1722 pending the outcome of the
investigation process: removal of the accused from sacred
ministry or from ecclesiastical office or function; imposing
or prohibiting residence in a given place or territory; and
prohibiting public celebration of the Most Holy Eucharist
(Essential Norms, 6).
15. When an allegation of sexual abuse of a minor by a member
of a religious community residing or serving in the Diocese
is made, the appropriate religious superior shall be informed
by the Bishop or Vicar General, and the person placed on leave
and removed from public participation in activities on behalf
of the Church in any diocesan parish or institution.
16. When the accused is a lay employee of the Diocese, a parish,
or an institution, the administrator who has authority over
the accused shall place the accused person on a paid leave
of absence. When the accused is a lay volunteer, the administrator
who has authority over the accused shall suspend the services
of the volunteer. Diocesan procedures for lay employees and
volunteers will be observed.
17. When sexual abuse of a minor by a priest or deacon is
admitted or is established after a canonical process the following
shall pertain:
A. For even a single act of sexual abuse of a minor, past
or present, the offending priest or deacon shall be permanently
removed from ministry, not excluding dismissal from the clerical
state, if the case so warrants. (Essential Norms, 8)
B. In every case involving canonical penalties, the processes
provided for in canon law shall be observed (Cf. Canonical
Delicts Involving Sexual Misconduct and Dismissal from the
Clerical State, 1995; cf. Letter from the Congregation of
the Doctrine of the Faith, May 18, 2001).
C. “If the penalty of dismissal from the clerical state
has not been applied (e.g., for reasons of advanced age or
infirmity), the offender ought to lead a life of prayer and
penance. He will not be permitted to celebrate Mass publicly
or to administer the sacraments. He is to be instructed not
to wear clerical garb or to present himself publicly as a
priest” (Essential Norms, 8B; cf. Charter, Article 5).
18. When an accusation of sexual abuse of a minor against
a priest, deacon, or other Church personnel “has proved
to be unfounded, every possible step will be taken to restore
the good name of the person falsely accused” (Essential
Norms, 13; cf. Charter, Article 5).
19. In dealing with cases of alleged abuse of minors, the
Diocese is committed to transparent and open communications.
Care shall always 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 an allegation
has been made. The Vicar General shall assist parishes in
dealing with issues of sexual abuse of minors by clergy. Where
schools and religious education programs are involved, the
assistance of the diocesan Catholic Schools Office and the
Office of Religious Education will be expected and will be
coordinated through the Vicar General. (Charter, Article 7)
TO PROTECT THE FAITHFUL IN THE FUTURE
20. The Diocese will employ a coordinator to establish and
maintain “safe environment” programs. The coordinator
will cooperate with parents and community leaders to provide
education and training to all Church personnel, parents and
other interested parties about ways to maintain a safe environment
for children. The Diocese shall endeavor to make clear to
its clergy and members of the community the standards of conduct
appropriate for all persons in positions of trust. (Charter,
Article 12)
21. Utilizing the resources of law enforcement and other public
agencies, the Diocese and its parishes and institutions shall
evaluate the background of all diocesan and parish personnel
who have regular contact with minors. The diocesan Director
of Vocations, rectors of seminaries at which men of the Diocese
study for the priesthood, and the Director of the Permanent
Diaconate shall apprise the Bishop and Review Board of the
process being utilized to screen candidates for priestly and
diaconal ministry. This shall be provided to the Review Board
upon its request. (Charter, Article 13)
22. Whenever a priest or deacon from another (arch)diocese
or religious community is proposed for an assignment or residence
in the Diocese, his Bishop or major superior shall be requested
to forward to the Diocese for review, before such an assignment
is made, an accurate description of the individual’s
record, including anything in his background or service that
would raise any questions about his fitness for ministry.
(Charter, Article 14)
23. The office of the Vicar General shall maintain an up-to-date
listing of priests who may help minister in parishes and institutions
as well as a list of those without faculties or with limited
faculties. Any priest not having a current assignment in the
Diocese of Stockton must be approved through the Vicar General’s
office before being granted faculties.
24. A designated representative of the Bishop shall maintain
regular contact with priests and deacons who have been accused
of sexual abuse of a minor, and shall provide fraternal support
and facilitate referrals to resource persons and other professionals.
I hereby promulgate this Working Policy Dealing with Allegations
of Sexual Abuse of Minors for the Diocese of Stockton. It
is effective immediately.
Given at the Chancery of the Diocese of Stockton on this 30th
day of October, 2003.
+ Stephen E. Blaire
The Most Reverend Stephen E. Blaire
Bishop of Stockton
Deborah H. Deem
Notary
Note
[1]“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. Sexual abuse has been defined by different
civil authorities in various ways, and these norms do not
adopt any particular definition provided in civil law. Rather,
the transgressions in question relate to obligations arising
from divine commands regarding human sexual interaction as
conveyed to us by the sixth commandment of the Decalogue (CIC,
c. 1395, §2). 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 sixth commandment ( USCCB, Canonical
Delicts Involving Sexual Misconduct and Dismissal from the
Clerical State, 1995, p. 6). A canonical offense against the
sixth commandment of the Decalogue (CIC, c. 1395, §2)
need not be a complete act of intercourse. Nor, to be objectively
grave, does an act need to involve force, physical contact,
or a discernible harmful outcome. Moreover, ‘imputability
(moral responsibility) for a canonical offense is presumed
upon external violation…unless it is otherwise apparent’
(CIC, c. 1321, §3). Cf. CIC, cc. 1322-1327. If there
is any doubt about whether a specific act fulfills this definition,
the writings of recognized moral theologians should be consulted
and the opinion of a recognized expert obtained (Canonical
Delicts, p. 6). Ultimately, it is the responsibility of the
diocesan Bishop, with the advice of a qualified review board,
to determine the gravity of the alleged act.” (Charter,
Article 1, note)
Last Update July 5, 2005 |
