CLERGY POLICY
FOR PREVENTION OF AND RESPONSE TO ALLEGATIONS OF SEXUAL ABUSE OF MINORS
INTRODUCTION
The Diocese of Fresno Anti-Discrimination and Harassment Policy, based in civil law, applies to all clergy, religious, and lay employees of the diocese. But the status of a member of the clergy is also governed by Canon Law and his relationship to the Bishop. Note, the terms “cleric” and “clergy” is used within this policy. “Cleric” and “clergy” refers to both priests and deacons. When the word “priest” is used, the reference is only to priests.
This policy does not diminish the application of the civil law policies to members of the clergy, but provides specific guidelines to the clergy of the Diocese of Fresno for their own understanding and guidance.
These guidelines are meant to show how seriously the Bishop regards any allegation of sexual misconduct by a member of the clergy and to delineate the steps the Bishop will take in case of such an allegation. Every member of the clergy is bound by civil law to report to Child Protection Services (CPS) or law enforcement agency, any sexual abuse of a minor of which they have actual knowledge or reasonable suspicion, except in a penitential forum reserved to priests and bishops.
(Refer to Permanent Diaconate Policies and Procedures for Permanent Deacon and Deacon guidelines)
A. SCREENING AND ACCEPTANCE OF PRIESTS INTO THE DIOCESE FOR ASSIGNMENT
The Diocese of Fresno does not accept for ministry any priests whom it knows to have sexually abused a minor or anything in his background that would indicate he would be a danger to young people. The Vicar General must be notified by the pastor seeking the admission of a priest to the diocese or by the priest seeking admission to the diocese to begin the screening process.
The Vicar General will send the priest an application. Every priest given an assignment in the Diocese of Fresno must complete this application.
The Vicar General will send the applicant priest’s bishop/superior a letter requesting a written recommendation and a Diocese of Fresno questionnaire pertaining to the applicant priest’s history on ethical issues, sexual misconduct, and boundaries for his completion. If the applicant priest is not a United States citizen, then all Bureau of Citizenship and Immigration Services documentation information must be presented and in order. The priest must also be fingerprinted. The completed letter, documentation, fingerprint clearance, and questionnaire must be returned directly to the Vicar General for further consideration.
B. PRIESTS SEEKING HOSPITALITY OR PERMISSION TO ASSIST ON A TEMPORARY BASIS IN A PARISH
Supply Priest – For Temporary Coverage One Month or Less
A pastor/administrator has permission to get a supply priest for a month or less whom he knows and has an approved assignment in his diocese or in his religious community.
In order to have any other priest, not known by the pastor/administrator, come for supply in the parish, even for a weekend, the pastor/administrator must contact the visiting priest’s diocese or religious community in order to be sure the person is in good standing in his diocese or religious community.
A copy of all information must be presented in writing by the priest’s bishop or superior to the Vicar General. This also applies to retired priests residing outside of the diocese.
Procedure:
When a Priest is Known:
1. Weekend or temporary coverage of one month or less by a visiting priest known by the pastor/administrator is to be in a current assignment and known to be in good standing and has been fingerprinted within his diocese or religious community.
i. The pastor/administrator informs the Vicar General of his personal acquaintance with the visiting priest and of his status and current assignment.
ii. The Vicar General may grant temporary faculties.
When a Priest is Unknown:
1. Approval process for priests requesting to provide temporary coverage for any amount of time but whose current assignment or diocesan/religious community status is unknown.
i. The pastor/administrator identifies a priest available to provide the necessary coverage and contacts the Vicar General. Adequate time must be allowed for completion of this approval process.
ii. The Vicar General’s Office sends the priest the following:
1. Notification that the priest must request a letter of recommendation from his bishop/superior.
2. Questionnaire – to be completed by the priest’s bishop/ superior.
3. Application to be completed by the supply priest.
4. Instruction to return the letter of recommendation and all other required forms to the Vicar General. Approval cannot be granted if any of the required materials are incomplete or not received.
5. If the priest is not a United States citizen all Bureau of Citizenship and Immigration Services documentation information must be in order.
iii. Upon receipt and review of the completed materials, the Vicar General will make a recommendation to the Bishop.
iv. The pastor/administrator will be notified of the Bishop’s approval and granting of temporary faculties by the Vicar General.
v. The pastor/administrator then notifies the priest and coordinates the details of hospitality anticipating his arrival, temporary assignment and fingerprint requirements.
Supply Priest – No Current Assignment or Not in Good Standing
No priest without a current assignment and not in good standing in his diocese or in his religious community is to be given hospitality or allowed to exercise priestly ministry in a parish within the Diocese of Fresno.
A. DIRECTIONS IN RELATION TO BOUNDARIES WITH MINORS
The priestly commitment to the virtue of chastity and the
gift of celibacy is well known. A Permanent Deacon has a similar commitment to
the virtue of chastity in marriage. The following are diocesan
standards of ministerial behavior and appropriate boundaries for clergy who have
regular contact with children and young people.
In this day and age especially, a cleric must avoid any kind of activity or contact with both minors and adults that could raise questions or lead to negative comment on the part of reasonable people, but at the same time, he must avoid paranoia in this area.
1. Clerics are not to be alone with minors in their rooms and should not spend their days off alone with minors (with the reasonable exception of immediate family, adopted children or grandchildren). No minors are ever to stay overnight nor for any extended period of time at the rectory, without adult members of their family. A minor should never be alone in the rectory or parish offices with a cleric.
2. Clerics are not to go on vacation with minors unless the parents/guardians are present. On field trips or other outings involving minors, at least one other adult should be present.
3. Clerics are to avoid activities such as tickling, wrestling with minors that involve close physical contact. Hugging is part of the life of many cultures, but a priest should be careful in the way he hugs a minor, and should never hug minors without adults being present.
4. Clerics should never create an excessive or exclusive emotional
attachment with a child/youth.
5. Clerics should never speak in a manner that is abusive or demeaning or use
inappropriate language/humor.
6. Clerics should never discuss topics such as sex, abortion, birth control, drugs
explicit television or video movies and/or games with child/youth outside of
the formal catechetical or pastoral setting.
7. Clerics should never use, possess, be impaired by alcohol or illegal drugs nor
dispense alcohol, tobacco, or illegal drugs to child/youth.
8. Clerics should never dispense over-the-counter or prescription medication to
child/youth without the proper diocesan permission forms on file.
9. Clerics should never use physical discipline, or knowingly put any
child/youth in a potentially risky situation.
10. Clerics should never display physical affection unless the child/youth first
initiates such. In such cases contact should strictly be limited to a brief,
appropriate response.
11. Clerics should never touch any private area of the body under any circumstances
or engage in sexual intimacies.
12. While staying at private homes as a guest, or on trips or outings,
clerics are to take quarters separate from minors, and ensure they are
not alone with a minor in vehicles or quarters. Also, clerics should be
wary of any situation when alone with a minor in a vehicle or any
other situation when alone with a minor.
13. Appropriate precautions and boundaries should be taken within
counseling situations with minors or adults. Available reference
material: “The Minister in a Counseling Role: Guidelines for Ethical
Behavior by Thomas B. Drummond, PhD.
III. FRATERNAL CHARITY
Given the seriousness of the consequences of sexual misconduct, especially when minors are involved, clergy have a responsibility to be their brothers’ keepers in these matters. While they must avoid paranoia or unhealthy interference in others’ lives, they need to be aware of danger signs in a brother cleric’s activities. Such danger signs might be clear violations of the guidelines presented above. In addition, they also need to be aware of the danger to those who, without doing anything wrong, seek the company of children and look to them for the emotional support only normal adult relationships provide. This includes seminarians who are assigned to work in the diocese during the summer months and or during their internship.
When a priest or deacon is concerned that a fellow cleric may be manifesting signs of such behaviors, he should normally speak first to the cleric and also bring his concerns to the Vicar of Clergy. Furthermore, it is important to recognize that the abuse of alcohol or other substances can lead to a breakdown of inhibitions that would normally keep someone from acting inappropriately. In all this, clerics must keep in mind any reasonable suspicion of child abuse must be reported to CPS or law enforcement, because of their responsibility as a mandated reporter.
IV. WHEN AN ALLEGATION IS BROUGHT TO THE ATTENTION OF THE BISHOP:
Any allegation of sexual misconduct which creates reasonable suspicion of its veracity will be investigated immediately in harmony with canon law. If the preliminary investigation leads to a belief that there may be probable cause for an allegation against a member of the clergy, the Congregation of the Doctrine of the Faith shall be notified. The Bishop may place the accused on immediate administrative leave while the investigation continues, if the Bishop deems this is necessary for the good of the faithful. In every instance, the diocese will advise victims of their right to make a report to public authorities and will support this right. Any credible allegations of sexual misconduct with a minor will result in immediate administrative leave. Any allegation of sexual misconduct with a minor will be reported to Child Protection Services or law enforcement agency. This does not imply guilt, but is necessary for the good of God’s people. All appropriate steps shall be taken to protect the reputation of the cleric during the investigation. The diocese will also be aware of the needs of the accused cleric in order to see that he receives the personal support he needs during a very difficult time. The diocese will urge the cleric to contact a criminal attorney and canonical counsel. The cost of such legal assistance will be borne by the cleric. The cleric may be asked to have a medical and psychological evaluation, which again does not imply guilt, so long as this does not interfere with the investigation by civil authorities, but is for the good of the cleric as well as for the good of God’s people, even if he may be accused unjustly.
B. PASTORAL OUTREACH TO THE ALLEGED VICTIM AND FAMILY, AND COMMUNITY
The diocese will immediately contact any known alleged victim or appropriate family members in the case of minors, and offer pastoral assistance and appropriate counseling.
This outreach will include provision of counseling, spiritual assistance, support groups, and other social services agreed upon by the victim and the diocese.
The diocese will 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.
The diocese will establish "safe environment" programs in cooperation with parents, civil authorities, educators, and community organizations to provide education and training for children, youth, parents, ministers, educators, and others about ways to make and maintain a safe environment for children.
C. IF GUILT IS DETERMINED REGARDING CURRENT OR RECENT SEXUAL ABUSE OF A MINOR
Where sexual abuse by a cleric is admitted or is established after an appropriate investigation in accord with canon law, the following will pertain:
1. Diocesan policy provides that for even a single act of sexual abuse of a minor—past or present—the offending cleric will be permanently removed from ministry not excluding dismissal from the clerical state, if the case so warrants. An offending cleric will be offered professional assistance for his own healing and well-being, as well as for the purpose of prevention.
2. In every case involving canonical penalties, the processes 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; Letter from the Congregation for the Doctrine of the Faith, May 18, 2001). Unless the Congregation for the Doctrine of the Faith, having been notified, calls the case to itself because of special circumstances, it will direct the diocesan bishop/eparch to proceed (Article 13, "Procedural Norms" for Motu proprio Sacramentorum sanctitatis tutela, AAS, 93, 2001, p. 787). If the case would otherwise be barred by prescription, because sexual abuse of a minor is a grave offense, the bishop/eparch shall apply to the Congregation for the Doctrine of the Faith for a dispensation from the prescription, while indicating appropriate pastoral reasons. For the sake of due process, the accused is to be encouraged to retain the assistance of civil and canonical counsel. When necessary, the diocese/eparchy will supply canonical counsel to a priest. The provisions of CIC, canon 1722, or CCEO, canon 1473, shall be implemented during the pendency of the penal process.
3. If the penalty of dismissal from the clerical state has not been applied (e.g., for reasons of advanced age or infirmity). He will not be permitted to celebrate Mass publicly, or to administer the sacraments, to wear clerical garb, or to present himself publicly as a priest. His faculties to publicly act as a priest will be revoked.
D. IF AN ALLEGATION IS MADE AGAINST A CLERIC BELONGING TO A RELIGIOUS COMMUNITY
When an allegation is made against a cleric belonging to a religious community, the Bishop or Vicar General will notify the religious community of the allegation immediately. The religious community will be asked to handle the complaint according to its policy and procedures. However, the Diocese of Fresno does not delegate its responsibility to report allegations brought to its attention, and will work with the religious community to assure the safety of God’s people. If the allegation involves a minor, this allegation will be reported to Child Protection Services or law enforcement agency and if the accusation is credible, he will be removed from ministry in the Diocese.
E. IF THE ALLEGATION IS UNSUPPORTED BUT IT IS DETERMINED PREVENTIVE MEASURES COULD HAVE AVOIDED THE ACCUSATION
If the complaint is judged to be unsupported but it is determined that reasonable precautions could have been taken to avoid any appearance of inappropriate behavior and prevent an allegation of misconduct, the Bishop may provide instruction and counseling for the cleric. The diocese reserves the right to take all prudent measures to follow up on the matter and to monitor the behavior of the person in question, so that there is no cause for further complaints.
V. ADMINISTRATIVE GUIDELINES
A. THE MAIN PERSON RESPONSIBLE FOR THE INVESTIGATION OF AN ALLEGATION AGAINST A PRIEST
The delegated person in the investigation of sexual abuse by any cleric will be the Victim Outreach and Assistance Coordinator. The Coordinator will be making the report to the Bishop who in consultation with the Diocesan Review Board alone will make the ultimate decision in relation to an accused cleric. If an allegation is brought to a priest or deacon about a fellow priest or deacon, the allegation is to be referred immediately to the Victim Outreach and Assistance Coordinator.
An allegation of sexual misconduct may be made to the Bishop, Vicar General, Superintendent of Catholic Education, Chancellor, or the Diocesan Director of Human Resources. The report may be made verbally, however the person making the report will be requested to place their report in writing. The report will be forwarded to the Victim Outreach and Assistance Coordinator immediately.
C. VICTIM OUTREACH AND ASSISTANCE COORDINATOR FOR PASTORAL CARE OF THOSE ABUSED SEXUALLY
The Vicar General is the designated diocesan Victim Outreach and Assistance Coordinator.
The Victim Outreach and Assistance Coordinator may himself personally or through another appropriate person, (e.g. the pastor, the Diocesan Human Resource Director, a priest friend of the family) reach out pastorally to any victims and their families, as soon as possible after any allegation of sexual abuse of a minor is received.
Board Membership:
1. Board Chair: Vicar General
2. Diocesan Director of Human Resources
3. Four lay appointees including at minimum:
a. Psychologist/Psychiatrist/Psychotherapist
b. Educator
c. Two parents
4. Term of appointment by the Bishop is five years.
5. Board members may be removed for cause.
Board responsibilities:
1. To assist the Bishop in his work, the board will execute the following functions:
A. The assessment of allegations of sexual abuse of minors by clerics in order to advise the diocesan bishop on whether or not the allegations appear to be credible; the assessment will be communicated to the victim and accused; the board can act both retrospectively and prospectively on these matters;
B. The independent review of the diocesan policy and procedures for dealing with these allegations at least every two years in order to recommend to the diocesan bishop any modifications, if appropriate; and
C. The recommendation concerning fitness for ministry in particular cases.
2. The Board will verify that the diocese has reported or will report each allegation to the civil authorities.
3. The Board will make recommendations about pastoral outreach to victims and their families.
4. The Board will make recommendations whether the parish staff or community has been or should be advised of the cleric’s reported misconduct, and how a response to the whole parish community may be made, if needed.
5. The Board will keep up to date with each case and make the recommendation whether the cleric should be permanently removed from ministry.
6. Meetings will be held once a month, or as needed.
7. The Board will provide guidance in developing a communication program to the Church community including complaint procedures, safe environment programs, or any other communication deemed necessary.
8. All matters discussed at board meetings are strictly confidential.
E. IF A PRIEST REALIZES HE NEEDS SUPPORT AND ASSISTANCE IN THIS AREA
If a cleric himself realizes he needs assistance in this area, he shall bring this to the attention of the Vicar General, Vicar of Clergy, and the Chairman of the Diocesan Sensitive Claims Team or the Bishop. While following the guidelines of this policy, the diocese will do all to assist him in seeking the professional and spiritual help he needs. If this involves past or current sexual abuse of minors, the cleric will no longer be able to continue in ministry and a report will be made to Child Protection Services or law enforcement agency.
F. SUPPORT FOR AN ACCUSED CLERIC ASKED TO TAKE AN ADMINISTRATIVE LEAVE FROM HIS ASSIGNMENT
An accused cleric does not have a right to be given a ministry assignment if there is substantial reason to support an allegation against him. The presumption of innocence under the criminal laws of the state does not preclude the diocese from taking appropriate action to provide for the safety of God’s people before the church and civil investigation is completed.
The Bishop is concerned for the needs of the accused cleric and wants him to receive the personal support necessary during this very difficult time. Psychological evaluation and possible counseling and spiritual direction shall be an integral part of this administrative leave.
The priest will be assisted to find housing, and arrangement for his financial support will be made during the time of the investigation process.
Relocation of a cleric accused of sexual misconduct of a minor pending investigation and or trial will be at Bishop’s discretion with utmost concern for the safety of God’s people.
All legal costs (attorney cost, bail, etc.) are the sole responsibility of the cleric who has violated this Diocesan Policy or the Anti-Discrimination and Harassment policy of the Diocese.
G. NOTIFICATION OF HOST DIOCESE
If a cleric accused of sexual misconduct of a minor pending investigation or trial travels to another diocese for an extended period of time, the diocese visited will be notified of the accused cleric’s presence by Bishop or the Vicar General.
H. IF A PRIEST REFUSES TO FOLLOW DIRECTION OF THE BISHOP AFTER THE BISHOP DETERMINES THAT THERE IS REASONABLE SUSPICION TO A SERIOUS ALLEGATION
If the Bishop judges that there is reasonable suspicion to an allegation of sexual misconduct, and the priest refuses to follow the direction of the Bishop regarding the appropriate response and treatment, the Bishop may consider initiating the canonical process deemed more appropriate to protect the Christian community (such as the canonical process for removal from office, for withdrawing faculties, for declaring the presence of an impediment to the exercise of priestly ministry, or for the imposition or declaration of a canonical penalty.) (Can. §1745)
I. RETURN FROM LEAVE OF ABSENCE AND REASSIGNMENT POLICY
When the accusation has proved to be unfounded, every step
possible will be taken to restore the good name of the cleric.
1. The Diocesan Review Board will review each instance and make a recommendation to the Bishop regarding fitness to minister.
2. Priests and deacons returning from an investigatory leave of absence, or temporary reassignment after investigation or conclusion of trial wherein he is found not guilty, may be reassigned with the following considerations:
a) The outcome of the proceedings in the civil court, Diocesan Review Board, and canonical process.
b) The advice and judgment of professional counselors who have treated the priest or deacon;
c) The well being of those to whom the church ministers;
d) The best interest of God’s people.
e) Review of relevant clergy policies.
No priest who poses a threat to minors will be allowed to minister in the diocese.
J. IF THERE IS NO POSSIBILITY OF RETURN TO ORDAINED MINISTRY
It is the policy of the Diocese of Fresno that no cleric convicted of sexual abuse of a minor or has admitted to the sexual abuse of a minor will be reassigned to active ministry in the diocese or given permission to minister in any other diocese. If there is no possibility of return to ordained ministry, the Bishop will assist the cleric to petition for laicization. Should the cleric be unwilling to submit such a petition, the Bishop may take the necessary canonical steps to return him to the lay state.
K. CLERIC RESPONSIBLE FINANCIALLY FOR HIS OWN LEGAL FEES.
If the actions for which a cleric is brought to trial violate the diocesan policy on sexual misconduct, the cost of legal assistance is borne by the accused and not by the diocese. The diocese may reimburse the cleric for all reasonable expenses if he is found to be innocent of the allegations and was in compliance with this policy and had acted in a prudent way (Can. §277). The diocese has the right to take action against the cleric found responsible to recover legal expenses and the cost of judgments against the diocese.
In all cases when it is possible, the offender should be the primary person responsible for paying the cost of therapy for the alleged victim and family. But the diocese will make sure that no person will be denied appropriate treatment because an ordained offender is not able to pay.
VI. FINGERPRINTING OF PRIESTS
A. All priests are to have criminal information background checks.
1. It is mandatory by the State of California that all priests who
are responsible for a Catholic School, a licensed Pre School and/or licensed Child Care Center must be fingerprinted for mandatory criminal information background checks.
2. The bishops of California have decided to have criminal
information background checks for all priests in all our dioceses and archdioceses, as all priests, directly or indirectly will have contact in ministry with youth. This will be an added assurance to God’s people that no cleric with a criminal background can be involved with their children. This applies to diocesan, active and retired, incardinated and non-incardinated deacons, as well as all religious priests serving in the Diocese of Fresno.
3. All priests desiring to minister in this diocese, must have this
background check before being given an appointment in the diocese.
B. Who will have access to this information and what will happen to this information?
1. The Chairman of the Sensitive Claims Team, will be the only person to have access to the reports that come from the background check. The report will be sent to him by the Department of Justice.
2. The information provided by the Department of Justice states whether the applicant has a conviction, or an arrest pending final adjudication, for any sex offense, controlled substance offense, crime of violence, or serious or violent felony.
3. Any information will only be brought to the Bishop if the Chairman of the Sensitive Claims Team makes the decision that the use of this criminal background report is needed to promote public safety and the protection of youth. The bishop must always act in the interest of public safety.
4. Each report will be destroyed immediately after the Chairman of the Sensitive Claims Team makes the determination that there is no danger for the public safety or protection of youth.
Canon Law Reference Policy Supplement
Canon 277 §1: “Clerics are obliged to observe perfect and perpetual continence for the sake of the kingdom of heaven and therefore are obliged to observe celibacy, which is a special gift of God, by which sacred ministers can adhere more easily to Christ with an undivided heart and can more freely dedicate themselves to the service of God and human kind.”
Canon 277 §2: “Clerics are to conduct themselves with due prudence in associating with persons whose company could endanger their obligation to observe continence or could cause scandal for the faithful.”
Canon 1395 § 1: “Outside the case mentioned in can. 1394, a cleric who lives in concubinage or a cleric who remains in another external sin against the sixth commandment of the Decalogue which produces scandal is to be punished with a suspension; and if such a cleric persists in such an offense after having been admonished, other penalties can be added gradually including dismissal from the clerical state.
§ 2: If a cleric has otherwise committed an offense against the sixth commandment of the Decalogue with force or threats or publicly or with a minor below the age of sixteen, the cleric is to be punished with just penalties, including dismissal from the clerical state if the case warrants it.”*
“* Cf. c. 1395, §2. Notice
that a sexual offense violative of §2 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. "Sexual abuse [includes] contacts or interactions
between a child and an adult when the child is being used as an object of sexual
gratification for the adult. A child is abused whether or not this activity
involves explicit force, whether or not it involves genital or physical contact,
whether or not it is initiated by the child, and whether or not there is
discernible harmful outcome" (Canadian Conference of Bishops, From Pain to Hope,
1992, p. 20). If there is any doubt about whether a specific act fulfills this
definition, the writings of recognized moral theologians should be consulted
and, if necessary, the opinion of a recognized expert be obtained (Canonical
Delicts Involving Sexual Misconduct and Dismissal from the Clerical State,
1995, p. 6). We also note that diocesan/eparchial policies must be in accord
with the civil law. (From Charter for the
Protection of Children and Young People, 2002)
Canon 1717 §1: “ Whenever the ordinary receives information which at least seems to be true of an offense, he shall cautiously inquire personally or through another suitable person about the facts and circumstances and about imputability unless this investigation appear to be entirely superfluous.
§ 2: Care must be taken lest anyone’s good name be endangered by this investigation.
§ 3: The one who conducts the investigation has the same powers and obligations as an auditor in this process; this person cannot act as a judge in this matter, if a judicial process is set in motion later.”
Canon 1718 § 1: “When sufficient evidence appears to have been collected, the ordinary shall decide:
1º whether the process for inflicting or declaring a penalty can be set in motion;
2º whether this is expedient in light of can. 1341;
3º whether a judicial process must be used or unless the law forbids it whether he must proceed by a decree without a trial.
Canon 1743 “A resignation by a pastor can be submitted not only purely and simply but also conditionally provided that this can be legitimately accepted by the bishop and is actually accepted.”