Procedures to be followed when a cleric or religious brother or sister in the Diocese of Fall River is accused of sexual misconduct with a minor

The Diocese commits itself to the following action:

* There will be an immediate response to all allegations of sexual misconduct by a cleric or religious brother or sister with a minor. For allegations of such conduct made by a person who is an adult at the time the allegation is received by the Diocese, the response shall be made within a reasonable period of time, not to exceed thirty (30) days.

* If an initial review reveals that the allegation is credible, the cleric or religious brother or sister will be placed on administrative leave pending further investigation. Administrative leave involves the transfer of the residence of a cleric to another residence, the private celebration of Mass, and restriction of his celebration of the Sacraments.  The alleged offender will not be permitted to celebrate Mass publicly, to wear clerical garb, or to present himself or herself as a priest or religious brother or sister.  The Diocese will continue to pay the salary and benefits of a cleric while on administrative leave.

* Any suspected case of sexual misconduct with a minor will be reported to civil authorities.

* Confidential counseling will be offered to the alleged victim and his/her family.

* No cleric against whom a credible allegation of sexual abuse of a minor has been made will be given  any assignment in or by the Diocese of Fall River or be authorized to seek pastoral work outside the Diocese.

It should be noted here that both the law of our land and the law of our Church calls for the presumption of innocence. While every allegation will be investigated seriously and fairly, we must remember that an accusation does not mean that someone is guilty. Such a judgment can be made only after all parties are heard and the evidence is reviewed.

The procedures do not detail the processes that are found in the Canon Law of the Church. In order to appreciate the rights and obligations of the clergy in a more complete manner, reference needs to be made to the procedural and penal laws of the Church.

These procedures are not “written in stone.”  They are to be reviewed and perhaps revised on at least an annual basis. Comments and suggestions for improvement are always welcome.

PROCEDURES.

1. A Review Board shall be established by the Bishop to serve as an advisory body in general matters concerning the issue of sexual misconduct and to serve as a monitoring and advisory board when a specific accusation of sexual misconduct by a cleric or religious brother or sister with a minor is made. The Board will have no less than 7, but no more than 10 members, at the Bishop's discretion. The members shall, at a minimum, include:

- An appropriately credentialed mental health worker who has expertise in matters concerning child abuse;

- A civil lawyer;

- A canon lawyer;

- A priest with a pastoral/parochial assignment;

- An adult survivor of child sexual abuse;

- A parent of a victim of sexual abuse; and

- A lay person.

The members of the Review Board are appointed by the Bishop, for a term of five years, which can be renewed. The Review Board is composed of men and women, lay and clergy, who have (or gain) expertise in the area of child abuse. It is anticipated that the members of the Review Board will have staggered terms in order to assure continuity. This body is to serve in an advisory capacity to the Bishop with reference to policies for Diocesan agencies and apostolates. Among other things, the Review Board shall assist these agencies in the development and/or refinement of personnel policies for all diocesan employees regarding sexual abuse, the development of appropriate continuing education programs for clergy and laity, etc. Among the tasks the Bishop shall give to the Review Board is to work with the Vocation Team of the Diocese and the Office for the Permanent Diaconate to establish a system to review the psychological screenings given to potential candidates for the diaconate or priesthood. Moreover, a protocol has been developed to screen clerical personnel from outside the Diocese before an assignment is given or confirmed by the Bishop to minister within the Diocese of Fall River. Finally, the Board will consult with the Bishop's Representative for Religious to assure that appropriate procedures are in place to deal with accusations of women religious and non-ordained men religious concerning sexual misconduct with minors.

2. The Bishop shall appoint a Delegate from among the members of the Review Board to serve as his representative in cases involving an accusation of sexual misconduct by a cleric or religious brother or sister with a minor. The Delegate will chair the Review Board. The Bishop is free to appoint a substitute Delegate as circumstances warrant. The Bishop's Delegate represents him in these matters. This person may be any member of the Review Team. For various reasons a substitute or alternate Delegate may be named to assume the role. It could be that the Delegate is not available at the time or that a particular case may call for a certain type of person being named by the Bishop, e.g. a woman rather than a man, someone who speaks a foreign language, etc.

3. Upon receipt of an allegation of sexual misconduct with a minor by a cleric or religious brother or sister, the Delegate (or a substitute Delegate) shall conduct a preliminary investigation and shall file a report with the Department of Social Services, if required. This initial review is expected to be completed within twenty-four to seventy-two hours of the receipt of an allegation involving a victim who is a minor. For allegations by adults who were minors at the time of the alleged act(s), the initial review is to be completed within two weeks of the allegation's receipt. If the cleric or religious brother or sister is a member of a religious order, his religious superior is to be notified and made part of subsequent steps in the process, with due regard for the requirements of canon law.

The procedures call for immediate action when an allegation is received by the Bishop.  The intent of this point is that the investigation be done without delay. It is recognized, of course, that the accused is innocent until proven guilty. This does not preclude, however, swift action in response to any and all accusations of this nature. Finally, this point calls attention to the fact that Church law requires the involvement of a religious superior when the accused is a member of a religious order.

4. The initial review will ordinarily include interviews with the accused cleric or religious brother or sister, the person making the complaint, and any witnesses. The review may include interviews with members of the alleged victim's family and the alleged victim himself/herself (with a parent or guardian's consent if with a minor) and it is judged appropriate to do so.

The Delegate, and in certain limited circumstances, another individual, at the Delegate's direction, is to talk to the key people involved and as many others as he/she feels are warranted. The intent of the initial review is to clarify the nature of the claim. Ordinarily, the interviews should be done in person, but circumstances may warrant a telephone interview with some individuals. When a small child is interviewed, this is to be done only by a person with recognized expertise in this specialized field.

5. The accused cleric or religious brother or sister is to be advised of his/her right to retain independent legal and canonical counsel. He/she shall also be provided with a list of approved clerics or religious brothers or sisters appointed by the Bishop from which to choose a "support advocate", but not for the purposes of either actively participating in the proceedings or rendering civil or canonical law advice.

It is important that the cleric or religious brother or sister be aware of his/her rights under the laws of church and state from the beginning of the process.

The cleric or religious brother or sister is to be advised of his/her right to seek the advice of his/her own counsel and that of a canon lawyer so that his/her rights may be protected.

6. Upon receipt of an allegation, the Delegate shall notify the Review Board which shall meet within forty-eight hours of the completion of the initial review, when the alleged victim is a minor, and within a reasonable period of time upon completion of the initial review, when the alleged victim is no longer a minor. If the alleged victim is presently a minor, the Delegate shall immediately notify the proper civil authorities, as required under State Law.

The Board oversees all the steps of the procedure dealing with the accusation. It is the intent of this point that the Board is convened without delay. The Board reviews the results of the initial investigation conducted by the Delegate and advises the Bishop regarding the need for additional action. The Review Board receives periodic reports from the Delegate and offers its advice to the Bishop until the case is concluded. Substitutes and additions to the team may be made by the Bishop as needed. The alleged victim and his/her parent or Guardian shall use their best efforts to convey all necessary information regarding the alleged incident to the Delegate, in a timely manner. A recommendation by the Board to the Bishop should be made no later than six weeks from the date of the Delegate's initial receipt of the allegation, when the alleged victim is a minor, or three months when the alleged victim is no longer a minor.

7. If the Delegate, after receiving the results of the initial review, concludes that the accusation of sexual misconduct has some credibility then, by virtue of his executive power of governance, the Bishop may immediately place the accused cleric or religious brother or sister on immediate administrative leave, pending the results of further investigation, including professional evaluation of the accused. The professional evaluation is to take place at a recognized treatment facility. Administrative leave does not carry with it any presumption of guilt. Temporary residence is to be provided by the Diocese with no contact with minors. The priest's or deacon's faculty to preach is removed and the priest's faculty to hear confessions is suspended and he is advised to celebrate Mass privately. If the cleric or religious brother or sister refuses to cooperate, the appropriate procedures of canon law shall be invoked. If after an investigation has been completed, the accusation is found to be without merit, the Diocese will assist with appropriate measures to respond to any harm done to the cleric's or religious brother’s or sister's reputation and ministry, especially if the accusations were made public.

The Review Board is to give its recommendation to the Bishop as soon as possible. It is noted that administrative leave has no direct parallel in canon law but it has proven to be a useful instrument to protect both the accused and the accuser. It should be clear that administrative leave does not imply guilt, but rather a need for time to pursue a serious accusation.  The cleric's or religious brother or sister's faculties are removed on a temporary basis. Finally, the evaluation of the cleric or religious brother or sister is to take place at a recognized treatment facility. Ordinarily this evaluation takes place over several days. If the accusation is without merit, it is important that any damage to the cleric's or religious brother’s or sister's reputation and ministry be addressed.

When sexual abuse of a minor by a cleric is admitted or established after an appropriate process in accord with canon law, then for even a single act of sexual abuse of a minor, past, present, or future, the offending cleric will be permanently removed from ministry, not excluding dismissal from the clerical state if the case so warrants. In every case involving canonical penalties, the processes provided for in canon law shall be observed.

8. Appropriate and confidential counseling is to be offered to the alleged victim and his/her family. When necessary, the needs of the parish and wider community should be included in the response of the Review Board.

Part of the care and concern of the Diocese is the offer of counseling. This extends, of course, to the alleged victim and the family. Depending on the nature of the case, appropriate pastoral care is extended to the parish community and others. The Diocesan Department of Social Services will be available to provide confidential counseling and/or identify other qualified sources for assistance. The Diocese will underwrite the cost for this service.

9. All applicable civil reporting laws are to be followed.

Any suspected case of child abuse involving an alleged victim who is a minor is to be reported to civil authorities by the Delegate. This step recognizes the legitimate right of the state to be involved in these cases. Allegations of sexual abuse of a minor received when the alleged victim is no longer a minor shall be reported to the office of the district attorney for the district where the alleged abuse occurred, when reasonable cause exists.

10. If the alleged misconduct is a matter of public record, the Diocesan Office of Communication shall issue a statement and serve as the ongoing liaison with the media. The members of the Review Board should not serve as spokespersons.

Beyond reporting the alleged abuse to the appropriate civil authorities (cf. No.9 above), the Diocese is not under an obligation to make accusations a matter of public record. Indeed, at times the victims request that they not be. If it is a matter of public record, the Review Board and others should refer all inquiries to the Diocesan Office of Communication. This office will deal with the matter in a manner respectful of the rights of all concerned. Charity, candor, and prudence are to be the characteristics of public statements.

11. The alleged victim and family will be kept informed of the response of the Diocese through regular reports from the Review Board or its representative.

This step is included in the procedures to help guarantee that the alleged victim and the family are aware of what the Diocese is doing to respond to the accusations.

12. These written procedures are to be given to every incardinated cleric or religious brother or sister ministering in the Diocese of Fall River.

It is important that all clerics or religious brother or sister know what procedures govern allegations of sexual misconduct with minors. An appropriate process to assure that this is communicated to all ordained ministers currently serving in the Diocese is to be developed by the Chancery Office. Any cleric or religious brother or sister beginning his/her ministry in the Diocese is to be given a copy of these procedures.

13. These procedures are to be reviewed on a yearly basis or as needed, by the Sexual Abuse Review Board and must be approved by the Diocesan Pastoral.Council and the Priests' Council.

This point asks that some appropriate body review these procedures each year to see that they respond in an adequate fashion to the issue at hand. Two possible units to review the procedures are the Diocesan Pastoral Council and the Priests' Council. The review should include persons familiar with developments in the civil law and the psychological sciences.

14. Anyone wishing to report an incident to the Bishop's Delegate should call Catholic Social Services at Fall River 508-674-4681. Catholic Social Services shall immediately thereafter contact the Delegate.

15. The Board shall have no jurisdiction over cases of allegations involving a cleric, or religious brother or sister who, at the time of the Delegate's receipt of the allegation, has resigned or is deceased.

16. The investigation of religious brothers or sisters should devolve to their community, and the Diocese stands ready to refer the matter to the Review Board for its investigation if the religious community lacks procedures of its own to deal with this issue.

17. In the event that any of these procedures shall be determined to not be in compliance with the Essential Norms for Diocesan/Eparchial Policies Dealing With Allegations of Sexual Abuse of Minors by Priests or Deacons of November 13, 2002, or any amendments or revisions thereto, then the Norms and not these policies shall govern.