Charter
for the
Protection of the Faithful
Draft
Many years ago, the Bishops, Clergy and
Religious of the Evangelical Catholic Church committed this Catholic
faith community to protect the safety, dignity and rights of all men,
woman and children to come through our doors from any form of
predatorial abuse or neglect.
Over the years, the Evangelical Catholic
Church has continued to review and revise our policies and procedures to
ensure the welfare of the People of God.
For many years, most Church denominations
have – rightly so - focused their programs of protection to minor
children and teenagers in response to the plague of clerical sexual
abuse. Likewise the Evangelical Catholic Church also invested it times
and energies for the protection of our children.
Embracing a broader vision
One of the lessons time has taught us is
that in addition to the safety needs of our children, there are also
members of our community who are also prone to abuse – our elderly, our
immigrants, our disabled and members of our minority society. In
addition to our children, the above-mentioned are also easy targets of
predators and we must commit ourselves to their protection and safety.
Therefore the Evangelical Catholic Church
is revising our commitment to the protection of the People of God with
our “Charter for the Protection of the Faithful.”
Let me emphasize that our evolution and
discernment on the issue of protection and safety does not dilute our
commitment to the safety and protection of children. The Charter for the
Protection of the Faithful shall emphasis our unconditional inclusive
commitment to protect the safety of each and every person we serve.
Let there be no doubt or
confusion on anyone’s part: For us, your bishops, clergy and religious -
our obligation to protect all people and to prevent any form of abuse
flows from the mission and example given to us by Jesus Christ himself,
in whose name we serve.
Evangelical Catholic Church
Code of Pastoral Conduct
For Bishops, Priests, Deacons, Pastoral Minister,
Administrators, Staff and Volunteers
The purpose of the Code of Pastoral
Conduct is to declare uniform guidelines for appropriate behavior in all
situations involving pastoral and sacramental care, pastoral counseling
and spiritual direction. While the Code of Pastoral Conduct cannot
address all situations that may arise in pastoral relationships, it is
intended to create a structure for addressing a variety of circumstances
that, if not appropriately addressed, may create a risk of problematic
incidents.
The Church must be exemplary. Bishops, Clergy, Religious, Staff, and
Volunteers should and will be held accountable for their behavior. In
order to maintain the highest level of accountability, there must be a
clear and unambiguous blueprint of appropriate and inappropriate
behavior. The Code of Pastoral Conduct provides a basic structure for
identifying limits. It is intended as a “continuous improvement
document.” Therefore, any suggestions and recommendations for additions
and revisions are encouraged.
Bishops, Priests, Deacons, Religious, Pastoral Ministers,
Administrators, Staff, and Volunteers throughout this Church must uphold
Christian values and conduct.
The public and private conduct of bishops, clergy, religious, staff, and
volunteers can inspire and motivate people, but it can also scandalize
and undermine the people’s faith. Bishops, Clergy, Religious, Staff, and
Volunteers must, at all times, be aware of the responsibilities that
accompany their work. They must also know that God’s goodness and grace
supports them in their ministry.
Responsibility for adherence to the Code of Pastoral Conduct rests with
the individual. Bishops, Clergy, Religious, staff, and volunteers who
disregard this Code of Pastoral Conduct will be subject to remedial
action by the proper authority of the Church. Corrective action may take various forms—from a verbal
reproach to removal from the ministry—depending on the specific nature
and circumstances of the offense and the extent of the harm.
†
Pastoral Standards
1.
Conduct for Pastoral Counselors and Spiritual Directors
Pastoral Counselors and Spiritual Directors must respect the rights and
advance the welfare of each person.
1.1
Pastoral Counselors and Spiritual Directors shall not step beyond their
competence in counseling situations and shall refer clients to other
professionals when appropriate.
1.2
Pastoral Counselors and Spiritual Directors should carefully consider
the possible consequences before entering into a counseling relationship
with someone with whom they have a pre-existing relationship (i.e.,
employee, professional colleague, friend, or other pre-existing
relationship).
1.3
Pastoral Counselors and Spiritual Directors should not audiotape or
videotape sessions.
1.4
Pastoral Counselors and Spiritual Directors must never engage in sexual
intimacies or financial relationships with the persons they counsel.
This includes consensual and nonconsensual contact, forced physical
contact, inappropriate sexual comments or matters of financial or legal
matters.
1.5
Pastoral Counselors and Spiritual Directors shall not engage in sexual
intimacies, financial or legal intimacies with individuals who are close
to the client—such as relatives or friends of the client—when there is a
risk of exploitation or potential harm to the client. Pastoral
Counselors and Spiritual Directors should presume that the potential for
exploitation or harm exists in such intimate relationships.
1.6
Pastoral Counselors and Spiritual Directors assume the full burden of
responsibility for establishing and maintaining clear, appropriate
boundaries in all counseling and counseling-related relationships.
1.7
Physical contact of any kind (i.e., touching, hugging, holding) between
Pastoral Counselors or Spiritual Directors and the persons they counsel
can be misconstrued and should be avoided.
1.8
Sessions should be conducted in appropriate settings at appropriate
times.
1.8.1 No sessions should be conducted in private living quarters.
1.8.2 Sessions should not be held at places or times that would tend to
cause confusion about the nature of the relationship for the person
being counseled.
1.9
Pastoral Counselors and Spiritual Directors shall maintain a log of the
times and places of sessions with each person being counseled.
2. Confidentiality
Information disclosed to a Pastoral Counselor or Spiritual Director
during the course of counseling, advising, or spiritual direction shall
be held in the strictest confidence possible.
2.1 Information obtained in the course of sessions shall be
confidential, except for compelling professional reasons or as required
by law.
2.1.1 If there is clear and imminent danger to the client or to others,
the Pastoral Counselor or Spiritual Director may disclose only the
information necessary to protect the parties affected and to prevent
harm.
2.1.2 Before disclosure is made, if feasible, the Pastoral Counselor or
Spiritual Director should inform the person being counseled about the
disclosure and the potential consequences.
2.2 Pastoral Counselors and Spiritual Directors should discuss the
nature of confidentiality and its limitations with each person in
counseling.
2.3 Pastoral Counselors and Spiritual Directors should keep minimal
records of the content of sessions.
2.4 Knowledge that arises from professional contact may be used in
teaching, writing, homilies, or other public presentations only when
effective measures are taken to absolutely safeguard both the
individual’s identity and the confidentiality of the disclosures.
2.5 While counseling a minor, if a Pastoral Counselor or Spiritual
Director discovers that there is a serious threat to the welfare of the
minor and that communication of confidential information to a parent or
legal guardian is essential to the child’s health and well-being, the
Counselor or Spiritual Director should:
● Attempt to secure written consent from the minor for the specific
disclosure.
● If consent is not given, disclose only the information necessary to
protect the health and well-being of the minor.
2.5 While counseling the aged or disabled, if a Pastoral Counselor or
Spiritual Director discovers that there is a serious threat to the
welfare of the aged or disabled individual and that communication of
confidential information to a custodial relative or conservator is
essential to that person’s health and well-being, the Counselor or
Spiritual Director should:
● Attempt to secure written consent from the person for the specific
disclosure.
● If consent is not given, disclose only the information necessary to
protect the health and well-being of the person.
Consultation with the appropriate Church supervisory personnel is
required before disclosure.
3. Conduct Structure
Bishops, Clergy, staff and volunteers working with all people shall maintain an
open and trustworthy relationship.
3.1 Bishops, Clergy, staff and volunteers must be aware of their own and others’
vulnerability when working alone. Use a team approach to manage group
activities.
3.2 Physical contact with others may be misconstrued and should occur
when completely nonsexual and otherwise appropriate and never in
private.
3.3 Bishops, Clergy, staff and volunteers should refrain from the illegal
possession and/or illegal use of drugs and/or alcohol at all times.
3.4 Bishops, Clergy, Staff and volunteers should not provide shared, private or overnight
accommodation with others. In rare, emergency situations, when
accommodations is necessary for the health and well-being of someone,
extraordinary care to protect all parties from the appearance of
impropriety.
4. Sexual Conduct
Bishops,
Clergy, staff, and volunteers must not, for sexual gain or intimacy,
exploit the trust placed in them by the faithful whom they serve.
4.1 Bishops, Clergy, religious, staff, and volunteers are called to be an example
of chastity in all relationships at all times.
4.2 All who provide pastoral counseling or spiritual
direction services must avoid developing inappropriately intimate
relationships with those with whom we have been entrusted to serve.
Staff and volunteers must behave in a professional manner at all times.
4.3 No bishop, clergy, staff, or volunteer may exploit another person for sexual
purposes.
4.4 Allegations of sexual misconduct should be taken seriously and
reported to the Diocesan Bishop and to civil authorities if the
situation involves a minor.
4.5 Clergy, staff, and volunteers should review and know the contents of
the child abuse regulations and reporting requirements for their
individual states and should follow those mandates.
5. Harassment
Clergy, staff, and volunteers must not engage in physical,
psychological, written, or verbal harassment of staff, volunteers, or
parishioners and must not tolerate such harassment by other Church staff
or volunteers.
5.1 Clergy, staff, and volunteers shall provide a professional work
environment that is free from physical, psychological, written, or
verbal intimidation or harassment.
5.2 Harassment encompasses a broad range of physical, written, or verbal
behavior, including without limitation the following:
A. Physical or mental abuse.
B. Racial insults.
C. Derogatory ethnic slurs.
D. Unwelcome sexual advances or touching.
E. Sexual comments or sexual jokes.
D. Requests for sexual favors used as a condition of employment, or to
affect other personnel decisions, such as promotion or compensation.
Display of offensive materials.
5.3 Harassment can be a single severe incident or a persistent pattern
of behavior where the purpose or the effect is to create a hostile,
offensive, or intimidating work environment.
5.4 Allegations of harassment should be taken seriously and reported
immediately to the Diocesan Review Administrator
6. Records and Information
Confidentiality will be maintained in creating, storing, accessing,
transferring, and disposing of parish, religious community/institute, or
organizational records.
6.1 Sacramental records shall be regarded as confidential. When
compiling and publishing parish, religious community/institute, or
organization statistical information from these records, great care must
be taken to preserve the anonymity of individuals.
6.2 Most sacramental records older than 75 years are open to the public.
6.2.1 Information regarding adoption and legitimacy remains
confidential, regardless of age.
6.2.2 Only staff members who are authorized to access the records and
supervise their use shall handle requests for more recent records.
6.3 Parish, religious community/institute, or organization financial
records are confidential unless review is required by the Diocese or an
appropriate government agency. Contact the Chief Financial Officer upon
receipt of any request for release of financial records.
6.4 Individual contribution records of the parish, religious
community/institute, or organization shall be regarded as private and
shall be maintained in strictest confidence.
7. Conflicts of Interest
Clergy, staff, and volunteers should avoid situations that might present
a conflict of interest. Even the appearance of a conflict of interest
can call integrity and professional conduct into question.
7.1 Clergy, staff, and volunteers should disclose all relevant factors
that potentially could create a conflict of interest.
7.2 Clergy, staff, and volunteers should inform all parties when a real
or potential conflict of interest arises. Resolution of the issues must
protect the person receiving ministry services.
7.2.1 No clergy, staff, or volunteer should take advantage of anyone to
whom they are providing services in order to further their personal,
religious, political, or business interests.
7.2.2 Pastoral counselors should not provide counseling services to
anyone with whom they have a business, professional, or social
relationship. When this is unavoidable, the client must be protected.
The counselor must establish and maintain clear, appropriate boundaries.
7.2.3 When pastoral counseling or spiritual direction services are
provided to two or more people who have a relationship with each other,
the Pastoral Counselor or Spiritual Director must:
a. Clarify with all parties the nature of each relationship,
b. Anticipate any conflict of interest,
c. Take appropriate actions to eliminate the conflict, and
d. Obtain from all parties written consent to continue services.
7.3 Conflicts of interest may also arise when a Pastoral Counselor’s or
Spiritual Director’s independent judgment is impaired by:
a. Prior dealings,
b. Becoming personally involved, or
c. Becoming an advocate for one (person) against another.
In these circumstances, the Pastoral Counselor or Spiritual Director
shall advise the parties that he or she can no longer provide services
and refer them to another Pastoral Counselor or Spiritual Director.
8. Reporting Ethical or Professional Misconduct
Clergy, staff, and volunteers have a duty to report their own ethical or
professional misconduct and the misconduct of others.
8.1 Clergy, staff, and volunteers must hold each other accountable for
maintaining the highest ethical and professional standards. When there
is an indication of illegal actions by clergy, staff, or volunteers, you
should notify the proper civil authorities immediately. Also notify the
Diocese, parish, and/or religious community as applicable.
8.2 When an uncertainty exists about whether a situation or course of
conduct violates this Code of Pastoral Conduct or other religious,
moral, or ethical principles, consult with:
a. Peers,
b. Others knowledgeable about ethical issues
c. The Bishop
d. The responsible administrative authority for the religious community
or organization, if applicable.
8.3 When it appears that a member of clergy, a staff member, or a
volunteer has violated this Code of Pastoral Conduct or other religious,
moral, or ethical principles:
a. Report the issue to a supervisor or next higher authority, or
b. Refer the matter directly to the Bishop
8.4 The obligation of Pastoral Counselors and Spiritual Directors to
report client misconduct is subject to the duty of confidentiality.
However, any agreement or duty to maintain confidentiality must yield to
the need to report misconduct that threatens the safety, health, or
well-being of any of the persons involved except as provided for in
Section 2.6
9 Staff or Volunteer Well-being
Clergy, staff, and volunteers have the duty to be responsible for their
own spiritual, physical, mental, and emotional health.
9.1 Clergy, staff, and volunteers should be aware of warning signs that
indicate potential problems with their own spiritual, physical, mental,
and/or emotional health.
9.2 Clergy, staff, and volunteers should seek help immediately whenever
they notice behavioral or emotional warning signs in their own
professional and/or personal lives.
9.3 Clergy, staff, and volunteers must address their own spiritual
needs. Support from a Spiritual Director is highly recommended.
9.4 Inappropriate or illegal use of alcohol and drugs is prohibited.
Evangelical Catholic Church
Policy on Handling
Abuse Reports
The following policy and procedures have been adopted to address the
particular situation in which a member of the clergy, or an employee,
volunteer or religious working in the Diocese or in any parish, school
or agency of the Church and its local dioceses (the latter hereinafter
referred to collectively or individually as "church personnel") is
accused of abuse.
It is the policy of the Church that no person with a substantiated
allegation of abuse will serve as a member of the clergy in active
ministry or hold a position of pastoral appointment. All bishops,
priests, deacons and other church personnel who minister in the Church
and local dioceses are expected to be familiar with this policy and to
comply with the procedures adopted to implement the policy. The Church
and the local dioceses will assist in make the resources required to
implement the policy and procedures.
A. DIOCESAN REVIEW BOARD
1. The Responsible Bishop shall establish a Review Board whose mission
is to assist him in responding to allegations of abuse by clergy or
other church personnel. The membership of the Review Board will be
comprised of at least five persons who are in full communion with the
Church. At least one member will be a diocesan priest who is an
experienced and respected pastor. The majority of the members will be
lay persons not in the employ of the Diocese. At least one member will
have particular expertise in the treatment of sexual abuse of minors.
Members of the Review Board may include permanent deacons, as well as
women and religious. Members will be appointed to five year terms which
may be renewed. The diocesan Promoter of Justice is to be a participant
in the meetings of the Review Board.
2. Duties of the Review Board include:
Providing counsel to the Bishop in the assessment of allegations of
sexual abuse of minors and in his determination of a cleric’s
suitability for ministry;
Reviewing diocesan policies for addressing sexual abuse of minors;
Providing counsel to the Diocese on all aspects of these cases whether
retrospectively or prospectively;
Maintaining the confidentiality of all information relating to any and
all allegations of sexual abuse of minors by clergy or other church
personnel; and
Maintaining an ongoing review of unresolved cases.
3. If the allegation of abuse involves a cleric, in addition to the
aforementioned duties, the duties of the Review Board will also include:
Providing counsel to the Bishop regarding any further action which may
appear needed when a cleric has had a psychiatric or psychological
evaluation;
Providing counsel to the Bishop regarding any further action which may
appear needed and, where appropriate, regarding return to ministry when
a cleric has received treatment; and
Maintaining an ongoing review of clerics who are in treatment and who
have either returned to ministry or who are on temporary or indefinite
administrative leave.
B. REVIEW ADMINISTRATOR
1. A Review Administrator appointed by the Bishop will serve as a point
of contact and will ensure that the process is followed. An Alternate
can also be appointed to serve in case of the unavailability or a
conflict of interest on the part of the Review Administrator.
2. Duties of the Review Administrator include:
Interviewing those bringing an allegation of abuse and preparing an
initial report for the Bishop;
Appointing an Assistance Coordinator for the person bringing the
allegation;
Appointing Review Teams to investigate allegations which are deemed by
the Bishop to have a semblance of truth and coordinating the activities
of the Review Teams;
Maintaining ongoing communication with persons alleged to have been
abused and their Assistance Coordinators throughout the process of
implementation of this policy;
Attending Review Board meetings, preparing reports, answering questions
and assisting the Review Board as needed;
Receiving information about other possible victims/survivors; and
Maintaining the confidentiality of all information relating to any and
all allegations of abuse by a member of the clergy or other church
personnel.
C. REVIEW TEAMS
1. A Review Team will be established for allegations which are to be
investigated under these policies. It shall be comprised of members from
the Review Board chosen by the Review Administrator for each case,
provided that in certain cases as determined by the Review Administrator
the entire Review Board may be designated to serve as a Review Team. It
shall have a consultative role to the Bishop.
2. The Bishop may sit in with review teams but shall not be a member.
3. Duties of the Review Team include:
Investigating and gathering facts regarding allegations referred to it
by the Review Administrator, reporting its findings to the Bishop, and
providing any appropriate counsel;
Conducting, if necessary, a further investigation of those allegations
which the Bishop deems to be serious, thereafter providing him any
additional appropriate counsel as to whether the allegation bears the
semblance of truth;
Meeting as needed for specific cases;
Taking all appropriate steps to protect the reputation and to protect
the civil and ethical rights of the accused during the review process;
Providing counsel to the Bishop regarding notification of parishioners
about allegations against their parish priest, deacon, or other church
personnel; and Maintaining the confidentiality of all information
relating to any and all allegations of abuse by a member of the clergy
or other church personnel.
D. ASSISTANCE COORDINATORS
1. An Assistance Coordinator shall be appointed for an alleged victim.
The Assistance Coordinator will assist persons who allege that they have
been abused by a member of the clergy or other church personnel in
making their claims known to the proper diocesan personnel.
2. Duties of the Assistance Coordinator include:
Listening to the individual and his or her allegations, treating the
individual with respect;
Being present during meetings between the person alleged to have been
abused, the accused and diocesan personnel, as requested by the
individual;
Explaining the diocesan response to the specific allegations raised by
the individual in order to allow the individual to select the options
for assistance;
Assisting with referrals to therapists and/or support groups;
Assisting the individual with information about how to follow-up on the
options chosen by the individual; and
Maintaining the confidentiality of all information relating to any and
all allegations of abuse by a member of the clergy or other church
personnel.
3. 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 the
Assistance Coordinator for an individual with whom he or she has a
family relationship or to whom he or she is a personal friend, or where
there is any other potential conflict of interest.
Filing of a Abuse Report
A. BRINGING AN ALLEGATION
1. A person may file an allegation of abuse of a minor by a member of
the clergy or other church personnel by calling the office of their
Bishop and asking to speak with the Review Administrator.
B. RECEIVING AN ALLEGATION
1.
Any person bringing an allegation of abuse or misconduct by a member of
the clergy or other church personnel of a Diocese will be referred to
the Review Administrator. The Review Administrator will then promptly
consult with the Bishop upon receiving the allegation. If after such
consultation the Bishop determines that the allegation is without any
semblance of truth, a decree is to be issued stating such, and no
additional action is to be taken other than informing the person
bringing the allegation, and making a record of the contact for future
reference.
If the allegation, involves solely the sexual abuse of a person who is then a minor, a report shall
immediately be made to the appropriate Division of Family Services in
accordance with the provisions of the laws governing child abuse and
neglect.
2.
If an allegation involves solely the sexual abuse of a minor is received by an
employee or volunteer of a parish, school or agency of the Diocese, he
or she shall report the allegation to his or her supervisor who shall
immediately contact the Review Administrator, who will then contact the Bishop. If the accused is a member of the
clergy, the Vicar General will also be contacted. If the alleged victim
is then a minor, the supervisor of the staff member receiving the
allegation has the obligation of making a report to the appropriate
office of Family Services.
3.
Upon receiving any allegation which has the semblance of truth, the
Review Administrator shall arrange a personal interview as soon as
possible with the person bringing the allegation and will provide a
written report of this meeting to the Bishop. The Review Administrator
will also advise the person bringing the allegation of his or her right
to bring the allegation to civil authorities.
4. If an allegation of abuse or misconduct by a member of the clergy or
other church personnel is made first to civil authorities and the civil
authorities bring the information to the Diocese, the matter shall be
referred to the Review Administrator. The Review Administrator shall
immediately contact the Bishop, and the information shall then be
brought to a Review Team for further investigation. The Diocese will
cooperate with law enforcement officials investigating an allegation of
sexual abuse of a minor.
C. REVIEW OF AN ALLEGATION
1. Within 24 hours, 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
Administrator will assemble a Review Team. The Review Team, the Review
Administrator, and the Bishop will then meet to discuss the allegation
which will be presented by the Review Administrator. This meeting may be
held by conference telephone.
After its initial review, the Review Team will take one or more of the
following actions as it deems appropriate:
a. When the accused is a member of the clergy, if there is reasonable
cause to believe that someone is presently at risk, a recommendation
will be made to the Bishop and Vicar General that the accused be
immediately placed on a temporary administrative leave at a place to be
determined with the Vicar General. Every effort will be made to protect
the good name of the accused. The cleric shall be informed of the
identity of his accuser and any information concerning the accusation
against him or her. They shall also be informed of their right to seek
civil and canonical legal counsel.
b. When the accused is a member of the church personnel and not a
cleric, if there is reasonable cause to believe that someone is
presently at risk, a recommendation will be made to the person in charge
of the agency where the accused is an employee or volunteer, that the
accused be immediately placed on a temporary administrative leave
pending the inquiry of the Review Team. Every effort will be made to
protect the good name of the accused. The employee or volunteer shall be
informed of the identity of his or her accuser and any information
concerning the accusation against him or her. He or she shall also be
informed of his or her right to seek legal counsel.
2.
If the allegation bears a semblance of truth, but is lacking in
sufficient detail, the Review Administrator may be instructed by the
Review Team 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.
3.
If after having heard the Review Team the Bishop finds that the
allegation does not bear the semblance of truth, the Bishop will issue a
decree to this effect, the Review Administrator will inform the person
making the allegation of this conclusion and no further action will be
taken.
4A: The following procedures shall be followed in cases of allegations
involving a member of the clergy if, after hearing the results of the
Review Team’s investigation, the Bishop judges an allegation to bear the
semblance of truth:
i.
The Review Team will typically meet with the person alleged to have been
abused and, if a minor, with his or her parents. The Review Team will
listen to the account of the allegation, gathering any additional
pertinent facts and information which may be available.
ii.
The Review Team will typically meet with the cleric who has been
accused. In the meeting the Review Team 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.
iii.
The Review Team will prepare a complete report of the facts of the case
and provide it to the 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. In cases when there
appears to be sufficient evidence that sexual abuse of a minor has
occurred, the Bishop is then to make the facts of the case known, along
with his votum, to the House of Bishops. 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 House of
Bishops.
iv.
When a report of the allegation has been made to the local Bishop, the
cleric is to be placed by decree of the 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 House of
Bishops.
v.
The 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 Bishop or
designee will arrange for the evaluation. Information resulting from
such an evaluation is the property of the accused cleric. The cleric may
agree to make it available to the Bishop or he or she may decline to do
so. He or she may further agree to have the information made available
to the Review Team. Any such information shall be kept confidential by
those receiving it, except as it may be required by law to be revealed.
4b. The following procedures shall be followed in the case of an
allegation involving a member of church personnel who is not a cleric if
after due consultation with the Review Team the Bishop finds an
allegation to bear the semblance of truth:
i. The Review 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
Review Team will listen to the account of the allegation and may inquire
as to whether others are alleged to have been abused.
ii. The appropriate director, as applicable, will be informed and the
accused will be placed on temporary administrative leave in accordance
with the personnel policy for the parish, school or agency, as
applicable.
iii.
The Review 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 legal
counsel.
iv. The accused may be provided immediate assistance and support as
determined to be appropriate.
c. The Bishop will communicate with those involved with the program in
questioned 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.
5. If an accused cleric is from another diocese or is a member of a
religious community, the Review Administrator will make a report of the
allegation. The diocesan bishop or major superior of the accused cleric
will be informed of the pending investigation and the diocesan protocol
in response to such allegations. The diocesan bishop or major superior
of the accused cleric will be asked to provide full cooperation
throughout the process. With the permission of the Bishop, the Review
Administrator will make a full report to the diocesan bishop or major
superior when necessary.
D. REVIEW OUTCOME
1. If the allegation is against a cleric
and has, according to the process outlined above, been referred to the
House of Bishops 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 House of Bishops.
2. If, after due consultation, the 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.
b. If the allegation is against a cleric,
the Bishop will make a decision regarding the ministry assignment of the
cleric.