ARCHDIOCESE
OF
Policies and Procedures Relating to
Sexual misconduct by personnel of the Archdiocese of Hartford
is contrary to Christian principles, is outside the scope of the duties and
employment of all such personnel and is strictly prohibited. The Archdiocese of Hartford is and has been
committed to the safety and well-being of children and young people and has
promulgated these policies and procedures to update its existing policies
and procedures so as to be in compliance with the provisions of the Essential
Norms approved by the Apostolic See and promulgated by the United States Conference
of Catholic Bishops and to be consistent with the provisions of the Charter
for the Protection of Children and Young People approved by the United States
Conference of Catholic Bishops. This
document does not address misconduct in general, but only in the special circumstances
described herein. It is designed to
prevent sexual misconduct involving minors by personnel of the Archdiocese
and to establish clear procedures on how to respond effectively to allegations
of sexual misconduct involving minors if and when any should arise, whether
such misconduct was committed by personnel of the Archdiocese of
1.0 Definitions. For purposes of this policy only.
1.1 “Sexual misconduct” means any sexual abuse, sexual assault, sexual molestation, sexual exploitation of a minor as well as any other behavior by which an adult uses a minor as an object or instrument of sexual gratification and/or any sexual conduct which is unlawful as described by the laws of the State of Connecticut. Sexual misconduct includes violations of the Sixth Commandment. For example, it would include, but not be limited to, complete acts of intercourse, touching of intimate or private parts of a minor for the purpose of sexual gratification or arousal or for the purpose of degrading or humiliating the minor, a request to touch the intimate or private parts of the adult, the exposure of intimate or private parts of the adult to a minor, the request that a minor expose his or her intimate or private parts, the showing of pornographic materials to minors, etc. Sexual misconduct would also include misconduct that does not involve force, physical contact or a discernable harmful outcome.
1.2 “Minor” is a person who has not yet reached his or her eighteenth birthday.
1.3 “Personnel of the Archdiocese” includes clerics, religious, lay employees and lay volunteers, who are employed by, under personal contract with or volunteer in and for any of the entities encompassed by the Archdiocese of Hartford.
2.0 Distribution. Distribution of these written policies and procedures should be as broad as reasonably possible. They will also be posted on the website for the Archdiocese of Hartford.
2.1 Acknowledgement of receipt and understanding should be included with personal contracts of employment with entities of the Archdiocese.
2.2 A signed acknowledgement of receipt and understanding should be obtained from any personnel of the Archdiocese who has regular contact with minors and should be kept on file.
3.0 Safe Environment Program and Background Checks. The Archdiocese will establish and maintain a Safe Environment Program designed to prevent, identify and respond to abuse involving minors, to provide appropriate education and training to personnel of the Archdiocese about inappropriate behavior and warning signs of possibly abusive behavior. The Archbishop will appoint a Safe Environment Coordinator, who will be charged with operation of the Safe Environment Program under the direction of the Office of Ministry for Healing and Assistance.
3.1 The Archdiocese will also evaluate the background of all personnel of the Archdiocese who have regular contact with minors in their ministerial or employment duties.
4.0 Assistance to Victims. Sexual misconduct involving minors can cause serious and continuing emotional and psychological problems for the victim. Therefore, the Archdiocese is committed to providing victims of such misconduct with appropriate professional assistance to address these consequences of sexual misconduct by any personnel of the Archdiocese.
The Archbishop will appoint a Victims Assistance Coordinator, who will be responsible for receiving notification of all allegations of sexual misconduct involving a minor directed against personnel of the Archdiocese. The Victims Assistance Coordinator will advise the alleged victim of his/her rights and the procedures to be implemented under this Policy.
4.1 When a reasonably plausible accusation is made of sexual misconduct involving a minor against any personnel of the Archdiocese, contact by the Victims Assistance Coordinator with the alleged victim and family will be promptly initiated regardless of whether the victim is represented by an attorney and/or a lawsuit has been instituted. Contact should be made for the purpose of offering whatever concern or solace may be needed, with no comment as to the truth of any accusation. Medical, mental health and spiritual assistance and, in appropriate instances, economic assistance may be offered in the spirit of Christian justice and charity, determined according to the specific situation presented.
4.2 Under the direction of the Victims Assistance Coordinator, competent counselors and social workers employed or designated by Catholic Family Services of the Archdiocese or other competent professionals will offer to provide for appropriate assistance to persons who make a reasonably plausible claim that any personnel of the Archdiocese sexually abused them when they were minors. This outreach will be made regardless of whether the alleged misconduct was recent or occurred many years in the past. The outreach will include the offer of counseling, spiritual assistance, support groups, or other social services agreed upon between the victim and the Archdiocese.
5.0 Reporting to Civil Authorities Instances, Allegations or Suspicions of Abuse or Maltreatment of Minors. Personnel of the Archdiocese are expected and required to comply with all applicable civil laws with respect to reporting to civil authorities all instances where there is reasonable cause to suspect or believe that abuse (sexual or otherwise) and/or maltreatment of a minor has occurred (unless to do so would violate the priest/penitent relationship of the Sacrament of Reconciliation). Failure to report as required will result in appropriate sanctions and can by law, result in substantial fines. Personnel of the Archdiocese are also expected and required to advise victims of their right to make a report to public authorities and to support that right. They are also expected and required to cooperate in investigations by civil authorities regarding allegations of this type (unless to do so would violate the priest/penitent relationship of the Sacrament of Reconciliation).
5.1 Mandated
Reporters Under
5.2 Nature
and Substance of Reports. The
reporting requirements under
5.3
5.4 Reports By Others. If any mandated reporter acting outside his/her professional capacity or any other person has reasonable cause to suspect or believe that a child under eighteen years of age is in danger of being abused or has been abused or neglected, that person may cause a written or oral report to be made to the State Commissioner of Children and Families or his/her representative or a law enforcement agency. Conn. Gen. Stats. §17a-103.
5.5 Fines, Penalties and Immunity. (a) Any mandated reporter who fails to report as described in Section 5.2 above is subject to a fine up to $500. Conn. Gen. Stats. §17a-101a; (b) Any person who, in good faith, makes or does not make any report described in any of the preceding sections shall be immune from liability, civil or criminal. Likewise, no employer shall discharge, or in any manner discriminate or retaliate against any employee who in good faith makes any report described in any of the preceding sections. Conn. Gen. Stats. §17a-101e(a) and (b); and (c) Any person who knowingly makes a false report of the type described in any of the preceding sections shall be fined not more than $2,000 or imprisoned not more than one year or both. Conn. Gen. Stats. §17a-101e(c).
6.0 Reporting to Archdiocese
Instances, Allegations or Suspicions of Sexual Misconduct Involving Minors
Directed Against Personnel of the Archdiocese of
6.1 Obligation to Report. In addition to and separate from any duty to report to civil authorities, personnel of the Archdiocese are expected and required to report promptly any instances of sexual misconduct involving a minor committed by any personnel of the Archdiocese and/or any instances where there is reasonable cause to suspect or believe that such sexual misconduct has occurred to the Victims Assistance Coordinator of the Archdiocese (unless to do so would violate the priest/penitent relationship of the Sacrament of Reconciliation) regardless of when the sexual misconduct may have occurred. Likewise, any person who believes he or she has been the victim of sexual misconduct while a minor by personnel of the Archdiocese or knows of someone else who was such a victim is encouraged to report the alleged misconduct to the Victims Assistance Coordinator of the Archdiocese regardless of when the alleged sexual misconduct may have occurred. In the event that the alleged victim is a student at a Catholic school within the Archdiocese or a patient/client at any Catholic institution or facility within the Archdiocese that provides care for children and youth and/or the alleged perpetrator and/or the mandated reporter is an employee or volunteer at such school, institution or facility, then the report should also be made promptly to the person in charge of such Catholic school, institution or facility or such person’s designee. If the alleged victim or perpetrator or mandated reporter is a student at, employed by or a volunteer at a Catholic school within the Archdiocese, then the report should also be made promptly to the Archdiocesan School Office.
6.2 How to Report. The report(s) of sexual misconduct as referenced in Section 6.1 above should be made by telephone or mail. The report should include the name and contact information of the alleged victim and the complainant, the name and position of the Archdiocesan personnel alleged to have been engaged in the misconduct, and the details of the incident. The Victims Assistance Coordinator will keep a written record of all such reports.
7.0 Investigation and Other
Interim Actions by the Archdiocese Concerning Reports of Sexual Misconduct.
7.1 Processing of Reports. The Victims Assistance Coordinator will promptly notify the Archbishop and the attorney for the Archdiocese of the receipt of any report of allegations of sexual misconduct involving a minor directed against personnel of the Archdiocese. The attorney for the Archdiocese will take steps to determine whether all necessary civil authorities have been notified and will give notice of the report to insurers as may be required by the terms of applicable insurance policies.
7.2 Investigations
To Be Conducted. When an allegation of sexual misconduct involving
a minor directed against any personnel of the Archdiocese is received, an
investigation will be initiated and conducted promptly and objectively
by members of the Archdiocesan Response Team.
In the case of a priest or deacon, the investigation will be conducted
in harmony with canon law. The Archdiocese
will obtain legal advice, both civil and canonical, as soon as possible.
The accused will be encouraged to retain the assistance of civil (and in the case of a priest or deacon,
canonical) counsel.
7.3 Confidentiality. All personnel of the Archdiocese who are involved in the investigation and disposition of the allegation of sexual misconduct, including the members of the Review Board, will refrain from publicly commenting on the allegation. Any public statements about the allegation or about any action taken in response to it may be made only with the explicit approval of the Archbishop. Any media contact or inquiries regarding an incident of sexual misconduct by personnel of the Archdiocese must be directed to the Archdiocesan Director of Communications.
7.4 Interim Actions. The Archbishop may immediately remove the priest or deacon from the ministry temporarily and may immediately suspend any lay employee or volunteer, if the circumstances appear to the Archbishop to warrant immediate action pending completion 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 Archdiocese and to the accused at the expense of the Archdiocese.
7.5 Investigation Procedure. The Archbishop promptly will refer any report of alleged sexual misconduct involving a minor by personnel of the Archdiocese to the Archdiocesan Response Team which will then commence an investigation of the allegations with care taken not to interfere with any confidential or civil/criminal investigation on the part of civil authorities and with a high level of Christian care, concern and confidentiality for the alleged victim, the family of the alleged victim, the person reporting the incident and the alleged perpetrator. Unless circumstances warrant in a particular instance, the investigation ordinarily will be conducted in accordance with the following guidelines:
(a) All appropriate steps will be taken to protect the reputation of the alleged perpetrator during the investigation.
(b) Promptly after receiving a report of alleged sexual misconduct involving a minor, a member of the Archdiocesan Response Team will encourage the alleged victim to submit a written description of the alleged incident(s).
(c) The Archdiocesan Response Team will attempt to identify and contact any other persons, in addition to the alleged victim, who may have relevant knowledge about the allegation.
(d) A member of the Archdiocesan Response Team will promptly notify the accused person about the substance of the allegations. After the accused is given an opportunity to retain counsel, the accused person’s response to the allegations will be sought.
(e) The Archdiocesan Response Team will immediately notify the Archbishop of any information developed in the course of the investigation that, in its judgment, warrants immediate attention. In all events, the results of the Archdiocesan Response Team’s investigation will be conveyed to the Archbishop and to the Sexual Misconduct Review Board of the Archdiocese.
8.0 Sexual Misconduct Review Board.
8.1 Nature and Scope of Review Board. The Archdiocese will maintain a Sexual Misconduct Review Board that will function as a confidential, consultative advisory body to the Archbishop in discharging his responsibilities with regard to allegations of sexual misconduct involving minors directed against personnel of the Archdiocese. The functions of this Review Board may include: (a) advising the Archbishop in his assessment of allegations of sexual abuse of minors and in his determination of suitability for ministry or dismissal from employment or service to the Archdiocese as a lay person; (b) reviewing Archdiocesan policies for dealing with sexual abuse of minors; and (c) offering advice on all aspects of these cases, whether retrospectively or prospectively.
The Review Board will be appointed by the Archbishop. It will be composed of persons of outstanding integrity and good judgment in full communion with the Church, and will consist of at least five persons. The majority of the Review Board members will be laypersons who are not in the employ of the Archdiocese. At least one member will be a priest who is an experienced and respected pastor of the Archdiocese. At least one member should have expertise in dealing with minors who have been sexually abused. The members will be appointed for a term of five years, which may be renewed. If not a member of the Board, the Promoter of Justice will be given notice of all meetings and encouraged to and may participate in the meetings of the Review Board.
8.2 Presentation to the Review Board. The information conveyed to the Sexual Misconduct Review Board by the Archdiocesan Response Team should include the following information: (1) unless the allegations are already well-known or unless personally identifying information is otherwise necessary, a coded, anonymous reference to the accused person together with a description of the accused’s age, current clerical assignment and date of ordination if applicable, and a general history of prior assignments; (2) unless the identity(ies) are already well-known or unless personally identifying information is otherwise necessary, an anonymous reference to the alleged victim (as well as to the person who initially submitted the report, if not the alleged victim), describing the alleged victim’s gender, current age, and age at the time of the alleged incident(s), marital status, and current employment; (3) a complete and thorough recapitulation of the facts as alleged by the victim or of any other person who reported the alleged incident, including (i) the circumstances that lead to the person’s decision to make the report, especially if the alleged incident occurred a long time in the past, and (ii) any professional psychological counsel or treatment the alleged victim has received that may be related to the alleged incident; (4) a copy of any written statement submitted by the victim or any other person (with personally identifying information redacted to preserve the anonymity of the person if appropriate); (5) a description of all efforts to locate and contact any other persons with relevant knowledge of the alleged incident, including any persons who may have been suggested as witnesses by the priest or deacon who is the subject of the allegations; (6) a complete and thorough recapitulation of the facts as reported by such other persons, including the witness’s views about the probable credibility of the allegations.
8.3 Recommendations By the Review Board. Following the Review Board’s consideration of the results of the investigation of a report of sexual misconduct involving a minor by personnel of the Archdiocese, it shall make whatever reasonable and prudent recommendations it deems just and appropriate to the Archbishop including, but not limited to, whether the allegations are or are not supported by sufficient evidence to warrant action against the alleged perpetrator; and if the allegations are supported by sufficient evidence to warrant action, what action should be taken, etc.
9.0 Decision By The Archbishop. After due consideration of the results of the investigation and the recommendations of the Review Board, the Archbishop will make a decision as to what, if any, action is required under the circumstances, consistent with the Essential Norms and in accordance with canon law and these policies and procedures.
9.1 Notification of Decision. The alleged perpetrator will be notified promptly of the Archbishop’s decision and, except in unusual circumstances, the person who reported the allegations will be notified of the results of the investigation, the Archbishop’s decision and any personnel action taken as a result of said decision.
9.2 Records. The Archdiocese will keep appropriate written records of each reported allegation, the investigation and the results thereof. The records will be marked confidential and kept in a secure place, with access limited to the Archbishop or his designee on a strictly need-to-know basis.
10.0 Post Decision Actions.
10.1 Possible Resignation or Administrative Leave Pending Final Outcome. If the allegations appear substantiated, then after consultation with appropriate Archdiocesan officials, the alleged perpetrator may be permitted to freely resign from the ministry, or may be relieved from the exercise of any ministry or employment in the Archdiocese and placed on administrative leave, such leave to be with or without pay and/or benefits as the Archbishop may decide, pending the outcome of any further investigation or proceedings.
10.2 Canonical Penalties. 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 assumes direct responsibility for the case because of special circumstances, the Archbishop will proceed to address incidents of sexual abuse of minors. (Article 13, “Procedural Norms” for Motu proprio Sacramentorum sanctitatis tutela, AAS, 93, 2001, p. 787).
10.3 Period of Limitations. Because sexual abuse of a minor is a grave offense, if the case would otherwise be barred by the statute of limitations prescribed by canon law, the Archbishop shall apply to the Congregation for the Doctrine of the Faith for a dispensation from this prescription, while indicating appropriate pastoral reasons for doing so.
10.4 Assistance of Counsel. For the sake of due process, the accused is to be encouraged to retain the assistance of civil and canonical counsel. When necessary, the Archdiocese will supply canonical counsel to a priest or deacon. The provisions of CIC, canon 1722, shall be implemented during the pendency of the penal process.
10.5 Right to Trial. If the Archbishop determines that there is sufficient evidence of sexual abuse of a minor and the priest or deacon denies the allegations, the priest or deacon will be entitled to a trial, under canon law, before an Archdiocesan tribunal or such other tribunal as the Congregation for the Doctrine of Faith may direct.
10.6 Finding of Culpability. When there is sufficient evidence that sexual abuse of a minor has occurred, the Congregation for the Doctrine of Faith shall be notified. The Archbishop will then apply the precautionary measures mentioned in CIC, canon 1722, that is, the Archbishop will remove the accused from the sacred ministry or from any ecclesiastical office or function, impose or prohibit residence in a given place or territory, and prohibit public participation in the Most Holy Eucharist pending the outcome of the process.
10.7 Removal From Ministry. When even a single act of sexual abuse by a priest or deacon is admitted or is established after an appropriate process in accord with canon law, the offending priest or deacon will be removed permanently from ecclesiastical ministry. This may include dismissal from the clerical state, if the case so warrants. (CIC, C. 1395, 2). Removal from ministry is required whether or not the cleric is diagnosed by qualified experts as a pedophile or ephebophile or as suffering from any other sexual disorder that may require professional treatment.
10.8 Sanction in Lieu of Dismissal from Ministry. If the priest or deacon has either admitted culpability or been found culpable after a trial in accordance with canon law and if the penalty of dismissal from the clerical state has not been applied (e.g., for reasons of advanced age or infirmity) or proscribed by the tribunal after a trial, 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.
10.9 Professional
Assistance. An offending priest
or deacon will be offered professional assistance for his own healing and
well-being as well as for the purpose of prevention at the expense of the
Archdiocese.
11.0 Additional Authority of the Archbishop to Take Administrative Action. In addition to the sanctions that the Archbishop or the Congregation for the Doctrine of Faith may impose under this Policy, the Archbishop has the executive power of governance, through an administrative act, (a) to remove an offending cleric from office, to remove or restrict his faculties, and to limit his exercise of priestly ministry. See CIC, canons 35-58, 149, 157, 187-189, 192-195, 277 §3, 381, 383, 391, 1348, 1740-1747; and (b) subject to any legal limitations, to limit, suspend, or terminate the employment of any lay employee and to terminate the service of any lay volunteer.
11.1 “Single Incident” Policy. Because sexual abuse of a minor is a crime in all jurisdictions in the United States, for the sake of the common good and observing the provisions of canon law, the Archbishop will exercise this power of governance to ensure that any priest or deacon who has committed even one act of sexual abuse of a minor as described above shall not continue in active ministry.
11.2 Possible Administrative Measures. The Archbishop may exercise his executive power of governance to take one or more of the following administrative actions relating to a priest or deacon: (CIC, cc. 381, 129ff).
(a) He may request that the accused freely resign from any currently held ecclesiastical office (CIC, cc. 187-189);
(b) Should the accused decline to resign and should the Archbishop judge the accused to be truly not suitable (CIC, c. 149, §1) at this time for holding an office previously freely conferred (CIC, c. 157), then he may remove that person from office observing the required canonical procedures (CIC, cc. 192-195, 1740-1747);
(c) For a cleric who holds no office in the Archdiocese, any previously delegated faculties may be administratively removed (CIC, c. 391, §1 and 142, §1);
(d) The Archbishop may also determine that circumstances surrounding a particular case constitute the just and reasonable cause for a priest to be allowed to celebrate the Eucharist with no member of the faithful present (CIC, c. 906); for the good of the Church and for the priest’s own good, the Archbishop may forbid the priest to celebrate the Eucharist publicly and not to administer the sacraments;
(e) Depending on the gravity of the case, the Archbishop may revoke the cleric’s privilege of wearing clerical attire (CIC, cc. 85-88, 284);
These administrative actions shall be taken in writing and by means of decrees (CIC, cc. 48-58) so that the cleric affected is afforded the opportunity of recourse against them in accord with canon law (CIC, cc. 1734 ff).
12.0 Removal From
13.0 Transfers Between Dioceses.
13.1 No priest or deacon who has committed an act of sexual abuse of a minor may be transferred for ministerial assignment to another diocese/eparchy or religious province. Before a priest or deacon of the Archdiocese may be transferred for residence to another diocese/eparchy or religious province, the Archbishop shall forward in a confidential manner to the local bishop/eparch and religious ordinary (if applicable) of the proposed place of residence, any and all information concerning any act of sexual abuse of a minor and any other information indicating that he has been or may be a danger to children or young people This shall apply even if the priest or deacon will reside in the local community of an institute of consecrated life or society of apostolic life (or, in the Eastern Churches, as a monk or other religious, in a secular institute, or in another form of consecrated life or society of apostolic life).
13.2 Before the Archbishop receives a priest or deacon from outside his jurisdiction, the Archbishop will obtain the necessary information regarding any past act of sexual abuse of a minor by the priest or deacon in question.
14.0 Transparency; Protection of Personal Privacy and Reputation.
14.1 Danger of False Allegations. Care will always be taken to protect the rights of all parties involved, particularly those of the person claiming to have been sexually abused and the person against whom the charge has been made. When an accusation has proved to be unfounded, every step possible will be taken to restore the good name of the person falsely accused.
14.2 Publication of Archdiocesan Action. When an allegation of sexual abuse of a minor has been determined to be true, the Chancellor of the Archdiocese will publish an appropriate announcement of the action taken in response to the abuse.
14.3 Confidentiality Agreements. The Archdiocese will not enter into confidentiality agreements regarding allegations of sexual abuse of minors except for grave and substantial reasons advanced by the victim and noted in the text of the agreement.
15.0 Outreach to Affected Parishes/Schools. The Victims Assistance Coordinator will be responsible for causing immediate steps to be taken to assist and support parish and/or school communities directly affected by sexual misconduct involving minors by personnel of the Archdiocese. This outreach may be accomplished by competent counselors or social workers
employed or designated by Catholic Family Services of the Archdiocese or other competent professionals under the direction of the Victims Assistance Coordinator. The outreach may consist of a parish and/or school meeting at the affected parish/school, an offer of counseling to members of the affected community, explanation of the response process and informing the affected community of the action taken in response to the allegation.
APPROVED:
__________________________________ _______________________
Most Reverend Daniel A. Cronin Date
Archbishop of
#168239
[1] For purposes of the reporting
requirements, “abused” and “neglected” also include maltreatment such as,
but not limited to, malnutrition, sexual molestation or exploitation, deprivation
of necessities, emotional maltreatment, cruel punishment, abandonment, denial
of proper care and attention (physically, educationally or morally), being
permitted to live under conditions, circumstances or associations injurious
to the well-being of the child or youth, etc.