The case of the boundary hoppers


Archdiocesan Policy on Sexual Abuse by Clergy



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Archdiocesan Policy on Sexual Abuse by Clergy




I. INTRODUCTION

The Archdiocese of Los Angeles recognizes that sexual abuse by clergy3 constitutes one of the most serious breaches of trust in human relationships. Sexual abuse violates the God-given human dignity of the person harmed and is a severe betrayal of the sacredness of the pastoral relationship. It is seriously sinful and has devastating consequences for the victim and his or her family, for the Church community at large, and for the priest or deacon involved.


The sexual abuse of a minor, however, is particularly egregious, and has been the subject of recent documents of the Holy See and the United States Conference of Catholic Bishops. Insofar as this policy relates to the sexual abuse of a minor, its provisions reflect:
1) the Apostolic Letter of Pope John Paul II Sacramentorum sanctitatis tutela with its accompanying Norms governing the graviora delicta (30 April 2001);
2) subsequent amendments to those norms promulgated by the Pope;
3) the Charter for the Protection of Children and Young People issued by the United States Conference of Catholic Bishops (June 2002), and
4) the Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons, which in view of the approval of the Congregation for Bishops on December 8, 2002, constitute particular law for the dioceses of the United States.
As the Charter for the Protection of Children and Young People proclaims:
Let there be no doubt or confusion on anyone’s part: For us, your bishops, our obligation to protect children and young people and to prevent sexual abuse flows from the mission and example given to us by Jesus Christ himself, in whose name we serve. (Preamble to the Charter)
While sexual abuse of minors has been the focus of great attention, the Archdiocese of Los Angeles has long emphasized the seriousness of any form of sexual abuse. Therefore, this policy governs all forms of sexual misconduct by clergy, whether the person harmed is a minor or an adult. While the specific provisions of the Charter and Essential Norms apply only to the abuse of a minor, many of those provisions proclaim foundational principles that are also applicable to situations of sexual misconduct with adults. For that reason, reference is made to the Essential Norms and Charter throughout the text of this policy.
The goal of the Archdiocese of Los Angeles is to provide a safe environment for children, young people and adults in all Church ministries, to prevent sexual misconduct whenever possible, and to deal with complaints of abuse compassionately, justly and as promptly as possible. To that end, the Archdiocese of Los Angeles established policies in this area in 1987 and has regularly refined and strengthened those policies in subsequent years. This September 2003 policy governing sexual abuse by clergy continues that development and has been issued by the Archbishop to replace the policy previously adopted in February of 2002. 4

II. PRINCIPLES

It is the policy of the Archdiocese that sexual abuse by clergy is a most serious abuse of trust and will not be tolerated. The Archbishop has the responsibility to the People of God to appoint priests and deacons to positions of trust only if he is morally certain that they will be able properly to serve the people entrusted to their pastoral care.


In dealing with issues of sexual abuse involving clergy, the Archdiocese will:


  • treat all allegations of sexual abuse seriously (see Charter, article 5) and never deal with a problem of sexual abuse on the part of a priest or deacon by simply moving him to another ministerial assignment (see Charter, article 14; Essential Norms, norms 8 and 12);

  • respect the rights of all involved, especially persons claiming to have been mistreated and clerics who are accused (see Charter, article 5; Essential Norms, norms 13, 6, 8, and letter of Cardinal Re granting recognitio dated December 8, 2002);

  • extend the ministry of the Church to ensure that those who have been victimized will be assisted through their trauma and suffering towards genuine healing as well as to ensure that members of the clergy who have been accused are also given the ministry and support they need (see Charter, article 1);

  • educate clergy and people about the problem of sexual abuse (see Charter article 12);

  • continue to utilize and enhance previously implemented screening procedures and educational policies on this subject for those training for the ordained ministry (see Charter, articles 13, 17);

  • cooperate fully with civil reporting procedures governing sexual abuse (see Charter, article 4; Essential Norms, norm 11).5

In situations involving accusations of sexual abuse by a priest or deacon, the Archbishop is the shepherd and advocate of all parties. He must seek the good of all. This good involves providing a full and fair hearing both for those who complain of abuse and for clergy accused of such abuse. The good of all demands that the Archbishop appoint to function in ministry clergy he is certain will minister properly and will not sexually abuse those to whom they minister. It also demands that clergy be protected against false accusations of sexual abuse.
The Archdiocese acts with the conviction that a true solution to situations involving sexual abuse requires helping victims of abuse find healing, providing assistance to those who commit abuse, and ensuring that priests and deacons in ministry will not be a danger to minors or adults (see Charter, articles 1, 2; Essential Norms, norm 3).

III. THE NATURE OF SEXUAL ABUSE

AND OTHER SEXUAL MISCONDUCT

Sexual abuse of a minor6 is always seriously sinful, and is a crime both in ecclesiastical law and the laws of society. Sexual abuse of an adult is always sinful and a violation of the cleric’s moral, ecclesial and ethical responsibilities; under certain circumstances such misconduct may also be an ecclesiastical crime (canon 1395, §2) and/or a crime under the laws of the state.

The Preamble to the Essential Norms offers the following description of the nature of sexual abuse of a minor:
Sexual abuse of a minor includes sexual molestation or sexual exploitation of a minor and other behavior by which an adult uses a minor as an object of sexual gratification. . . the transgressions in question relate to obligations arising from divine commands regarding human and sexual interaction as conveyed to us by the sixth commandment of the Decalogue. Thus the norm to be considered in assessing an allegation of sexual abuse of a minor is whether conduct or interaction with a minor qualifies as an external, objectively grave violation of the sixth commandment. 7

Such activity with a minor, even if it is not in a ministerial relationship and even if the minor does not know that the abuser is a member of the clergy, is sexual abuse. The Preamble to the Essential Norms continues by explaining that such a canonical offense against the sixth commandment “need not be a complete act of intercourse, nor does the act need to involve force, physical contact, or a discernable harmful outcome.” Thus, according to this description the use of child pornography, even though it does not involve the cleric having physical contact with a minor, constitutes one form of sexual abuse.


Similarly, for a deacon, priest or bishop to engage in behavior that is an “external, objectively grave violation of the sixth commandment of the Decalogue” with an adult in a ministerial context constitutes sexual abuse.8
Whether involving minors or adults, some behaviors may not rise to the level of sexual abuse but are nonetheless inappropriate, misleading, potentially scandalous, and may violate professional boundaries and Archdiocesan regulations. The Vicar for Clergy investigates reports of such “boundary violations” and intervenes as necessary to protect the sanctity of the ministerial relationship and to assure that the cleric will minister in a manner that is ethical and respectful of all persons.

IV. THE CLERGY MISCONDUCT OVERSIGHT BOARD

The Clergy Misconduct Oversight Board was established in June of 2002 as an independent consultative review board to advise the Archbishop “in his assessment of allegations of sexual abuse of minors” that are lodged against the clergy (Charter, article 2; also see Essential Norms, norms 4, 5). It is the successor to the Sexual Abuse Advisory Board that had been in place since 1994. The structure, role, membership, functions and procedures of the Clergy Misconduct Oversight Board are elaborated in its own Charter (found in Appendix 3 of this policy manual).


All allegations or other reports of alleged sexual abuse by a priest or deacon, whether with minors or adults, are communicated to the Chair of the Clergy Misconduct Oversight Board by the end of the next business day after having been received. The Clergy Misconduct Oversight Board makes recommendations to the Archbishop with regard to the investigation and disposition of individual cases as well as with regard to the policies and procedures of the Archdiocese.

V. PROCEDURES

In dealing with accusations of sexual abuse involving clergy, the Archbishop or Vicar for Clergy will initiate the appropriate investigation in accord with the requirements of canons 1717-1719 of the Code of Canon Law, with the applicable provisions of the Essential Norms and with the provisions of this Archdiocesan policy (see Essential Norms, norm 6; Charter, articles 2, 5). When the alleged perpetrator is a priest belonging to an institute of consecrated life or society of apostolic life, the chief responsibility for the investigation rests with the appropriate superior of that community. The superior may choose to seek the assistance of the Vicar for Clergy and other Archdiocesan officials to handle tasks related to the investigation.

The role of the canonical auditor (Archbishop’s delegate) managing the investigation is to search out the truth in order to ensure wise and responsible decisions that protect and foster the welfare of all the Christian faithful, lay and cleric. In investigating allegations of sexual abuse by clergy, the Archbishop’s delegate will ensure that persons who complain of sexual abuse receive a full and fair hearing (see Essential Norms, norms 6, 13; Charter, article 5).

Allegations of sexual misconduct presented to the Archdiocese that involve a priest or deacon from a religious community serving in an assignment of that community will be referred to the appropriate superior for investigation and appropriate action. The Archdiocese will require a report of the findings of the investigation and any action taken in order to assist the Vicar for Clergy in making a determination of whether or not the Archdiocese will accept the priest or deacon for further assignment or extend faculties to him (see Essential Norms, norm 12, Charter, article 14).


1. Situations in which Information Regarding Sexual Abuse Is Provided by the Priest or Deacon Himself
With due regard to the respect for the sanctity of a person’s conscience and the provisions of canon 1728, §2, priests or deacons who have engaged in sexual abuse are encouraged to bring this fact to the attention of the Archbishop or Vicar for Clergy. In an instance where a priest or deacon comes forward, the Archdiocese will immediately extend pastoral care to any known victims as well as to appropriate family members in the case of minors, (see Charter, article 1). In cases involving minors, appropriate reporting laws will be followed (see Essential Norms, norm 11; Charter, article 4). The Archdiocese will assist the offending cleric in seeking the help and support he needs.
Also, if a priest or deacon himself recognizes in himself a tendency toward sexual abuse, even if he has never acted on this tendency, he is strongly encouraged to bring this to the attention of the Archbishop or Vicar for Clergy so that he can be provided the assistance he needs to deal with those tendencies in constructive manner.

2. Situations in which Clergy Are Accused of the Sexual Abuse of a Minor
When a person comes forward to complain that a cleric has sexually abused a minor, the complaint will be treated seriously. The appropriate report is made to civil authorities in accord with State law and the policies of the Archdiocese (see Chapter VII of the Priests Policies and Guidelines booklet dealing with mandated reporting and also see Appendix 4 on reports beyond the mandate). A pastoral outreach will be made to the person lodging the complaint through the Coordinator of Assistance Ministry. The Archbishop and Vicar for Clergy will initiate a preliminary investigation as required by canons 1717-1719 (see Essential Norms, norms 6, 11 and 13; Charter, article 4). As soon as reasonably possible, the canonical Auditor shall arrange to meet with the complainant, usually accompanied by the Coordinator for Assistance Ministry. The Auditor will then meet with the priest or deacon accused to present the complaint and provide an opportunity for response.
Unless further investigation is superfluous, it will unfold in accord with all relevant canons and in accord with the provisions of Sacramentorum sanctitatis tutela and the Essential Norms. As specified in the Essential Norms, the accused will be encouraged to retain canonical and civil counsel and informed of the results of the investigation. Reports on the progress of the investigation will be made to the Clergy Misconduct Oversight Board, which will offer its recommendations to the Archbishop with regard to further investigative steps and will provide an assessment of the results of the investigation. At the conclusion of the preliminary investigation, the Archbishop shall make the required report to the Congregation for the Doctrine of the Faith.
For the protection of minors and the protection of the good name of the cleric, the Archdiocese discourages anonymous reports of sexual misconduct involving minors. Insofar as it is possible given the limited information, however, anonymous allegations involving alleged misconduct minors are investigated.9

3. Situations in which Clergy Are Accused of Sexual Misconduct with an Adult
Unless clearly corroborated by other information, the Archdiocese normally does not investigate anonymous allegations of sexual misconduct involving adults. Such allegations, however, will be communicated to the cleric.
In all cases, complaints will be treated respectfully and a pastoral outreach will be made to the person lodging the complaint through the Coordinator of Assistance Ministry. The Vicar for Clergy or other delegate of the Archbishop will investigate the complaint in accord with appropriate canonical norms. The person making the complaint will be informed that he or she will be told what action the Archdiocese will take after the priest or deacon responds.
The Vicar for Clergy will then contact the priest or deacon to apprise him of the allegation of sexual abuse and schedule a meeting with him to review the entire matter and give him the opportunity to respond to the allegation. He will advise the priest or deacon that if he wishes to bring a friend or canonical advisor to the meeting, he may do so. At the meeting, the priest or deacon will be given the full report of the alleged abuse, as well as the name(s) of those making the complaint(s). He will be advised of his rights and then invited to ask questions, offer his response to the allegation(s), and present his version of the events in question.
In all circumstances, a report will be made to the Clergy Misconduct Oversight Board for its review and recommendations.
The decisions taken subsequent to these initial interviews will depend significantly on the nature of the complaint, the response of the cleric accused, and the nature of the other information available.
A. Denial of the allegation(s) and credible explanation of events by the priest or deacon:
In cases where there are no other witnesses or corroborating evidence, no previous allegations of a similar nature, or where no other behavior from the past lends substance to the allegations, and where the explanation of events given by the priest or deacon is credible, such credible denial will normally bring the case to a close.
A record of the complaint, the response of the priest or deacon and the Archbishop’s decision to close the matter is maintained in the cleric’s confidential file as required by canon 1719. In all circumstances the Archdiocese will always treat all parties with pastoral care and sensitivity.
B. Denial by the priest or deacon when substantial issues remain unresolved:
In instances where there is a previous or unrelated allegation against a priest or deacon concerning sexual abuse, or where other behavior on his part lends substance to the allegations, he will ordinarily be asked to undertake a professional evaluation voluntarily (see Essential Norms, norm 7). Such an evaluation is not therapy, but a professional psychological assessment through interview and testing to identify problematic areas that may be present in the priest or deacon’s life and to make recommendations on how to proceed. If the priest or deacon decides not to undertake such an evaluation, he cannot be compelled to do so. In assessing fitness for continued ministry, however, the Archbishop may request a professional evaluation of the facts assembled in the investigation.
Should the priest or deacon agree to an evaluation, the Archdiocese will determine what professional person(s) or institution will be entrusted with the task of conducting the evaluation and will bear the expenses related to the evaluation. Should the priest or deacon disagree with the results of the evaluation, he has the right to consult another agreed-upon professional for a second evaluation.
Once the evaluation has taken place, a full report of the allegation(s) and the response of the priest or deacon will be given to the Archbishop. If the truth of the allegation(s) has been established, or the case is so serious as to warrant residential treatment or resignation from office or the canonical removal of a priest or deacon from his assignment, the Archbishop will meet personally with him following receipt of the evaluation report. The priest or deacon involved may bring a friend or canonical advisor to this meeting.
The goal of this meeting between the Archbishop and the priest or deacon is to arrive at a mutual agreement on the appropriate response and treatment.
If mutual agreement is not reached, the Archbishop may consider initiating the canonical process deemed most 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 ordained ministry, or for the imposition or declaration of a canonical penalty). If a canonical process is initiated, the priest or deacon involved will have the right to seek a qualified canonical advocate.
C. Admission of the truth of the allegations by the priest or deacon:
If upon being presented with the allegation of misconduct the priest or deacon admits to the truth of the allegation(s), he will be asked to submit a resignation from his ecclesiastical office so that appropriate steps can be taken to protect the Christian community and to assist him with any underlying issues contributing to his misconduct. Depending on the seriousness of the misconduct, other limitations to ministry or restrictions on faculties may be agreed upon or need to be imposed. The priest or deacon will not be reassigned until such time as he can properly minister again. Appropriate help will be offered to him, usually in the form of therapy and spiritual direction. A record of the complaint, the admission, and the other determinations made will be maintained in accord with the requirements of canon 489.

VI. ASSISTANCE FOR VICTIM/SURVIVORS

Whenever it is determined that a priest or deacon has engaged in sexual abuse, whether of a minor or of an adult, the priest or deacon who perpetrated the abuse he will be asked to assume his personal moral responsibility to provide adequate assistance for the victim(s), and an arrangement will be made to assure that the priest or deacon provides or significantly contributes to the costs associated with the therapy or spiritual direction needed by the victim.


In all cases, the Archdiocese is committed to providing appropriate pastoral and therapeutic support to anyone harmed. Through its Assistance Ministry office, the Archdiocese will always reach out to victims of sexual abuse, and most especially to children and to their families, to assist them in a pastoral way. This pastoral response will involve working with the person or persons involved so that they will receive help acceptable to them and responsive to their needs.
The Archdiocese will also offer to make available to the victim(s) and, as appropriate, to his or her family, trained spiritual directors who will be able to provide spiritual guidance in dealing with the trauma and difficulties they experience.
Further information on the ministry provided to victim/survivors can be obtained from the Office of Assistance Ministry.

VII. ASSISTANCE FOR PRIESTS AND DEACONS

The Archdiocese will also be aware of the needs of the accused priest or deacon in order to see that he receives the personal, spiritual and professional support he needs during a very difficult time. This includes assistance with the costs of therapy.


If the alleged misconduct involves the possibility of criminal charges being lodged against the cleric, the Archdiocese will urge him to contact a criminal attorney. The cost of such legal assistance as well as costs associated with bail, however, will be borne by the cleric.
VIII. COMMUNICATION

It is the position of the Archdiocese that accurate information provided in a timely fashion about what has happened in a particular case of alleged sexual misconduct is a most important element contributing to healing within a parish community and the local church (see Charter, article 7). Such communication is always guided by the need to respect the rights and reputations of all involved (Essential Norms, norms 13, 6). Often, open and timely communication is the best protection of the reputation of an accused cleric since accurate information may prevent rumors and unfounded speculation.




  1. In cases in which a priest or deacon has denied allegations of sexual abuse but substantial issues remain unresolved (see V, paragraph 3-B, above) or in which a canonical process has been initiated, appropriate Archdiocesan representatives may meet with the parish staff to inform them of the allegations and to advise them of the action which will be taken. If he has resigned from the parish, appropriate Archdiocesan representatives may inform the parishioners why the priest or deacon is not present and ministering in the parish. The information will always be prepared in the method described below.




  1. In cases in which a priest or deacon has admitted the truth of allegations of sexual abuse (see V., paragraph 3-C, above), appropriate Archdiocesan representatives may meet with the parish staff to inform them of the circumstances. If he has resigned from the parish, appropriate Archdiocesan representatives may inform the parish staff and parishioners of the reason(s) the priest or deacon is not present in his assignment and the professional services that will be offered to assist any victims, parish staff, and the parish community. The information will always be prepared in the method described below.

In both of the above instances, the advisory notice to the parish staff and/or parishioners will be written out in advance, be reviewed by the priest or deacon and by legal counsel of both the Archdiocese and the priest or deacon (if he has retained counsel), and the agreed-upon text will be read to those to whom it is directed. The content of the notice will straightforwardly reflect the circumstances of the case and will seek to be sensitive to and fully respect the rights of all parties. The notice will seek to observe the canonical rights of the cleric as well as Fifth Amendment right of the priest or deacon not to incriminate himself. To respect the requirements of canon law (cf. canon 220), the cleric involved will be given the opportunity to work with the Vicar for Clergy (or his delegate) in determining what information should or should not be reasonably disclosed (see Charter, article 7). In cases of conflict between the priest or deacon and the judgment of the Archdiocesan authority as to what should be disclosed, every reasonable effort will be made to resolve that conflict in a mutually satisfactory way. If the conflict is not resolved, the final decision concerning disclosure remains that of the Archbishop or Vicar for Clergy. In this situation, the priest or deacon will be informed in advance of the exact nature of that disclosure.



IX. POTENTIAL PERMANENT REMOVAL FROM MINISTRY

A. Sexual Abuse of a Minor

The Archdiocese of Los Angeles will not knowingly assign to any ministry a priest or deacon who has sexually abused a minor. As emphasized by Pope John Paul II: “There is no place in the priesthood or religious life for those who would harm the young” (see Charter, article 5). The Archdiocese will fully implement the provision of the Essential Norms that:
When even a single act of sexual abuse [of a minor] by a priest or deacon is admitted or established after an appropriate process in accord with canon law, the offending priest or deacon will be removed permanently from ecclesiastical ministry, not excluding dismissal from the clerical state, if the case so warrants. (norm 8)
Those priests or deacons permanently removed from ministry will be invited and encouraged to petition for dispensation from the clerical state (laicization). Should the priest or deacon choose not to do so, the Archbishop, with advice from the Clergy Misconduct Oversight Board, shall determine whether it is appropriate to initiate one of the available canonical processes to dismiss the man from the clerical state, or to require the offender to live a life of prayer and penance (see Essential Norms, norm 8).
B. Sexual Abuse of an Adult

When a priest or deacon has engaged in sexual abuse with one or more adults, the nature and severity of the misconduct may also require that the cleric be permanently removed from ministry. The priest or deacon himself may judge that a return to ministry is inappropriate and request laicization or a permanent leave of absence (without faculties and with appropriate restrictions). In other circumstances, the Archbishop may determine that a canonical process is necessary to impose a canonical penalty to remove the cleric from ministry, dismiss him from the clerical state, or make other provision to protect the Christian faithful. In making this determination, the Archbishop, among other sources, will seek the advice of the Clergy Misconduct Oversight Board.



X. SEXUAL MISCONDUCT WITH ADULTS

AND THE POSSIBILITY OF RETURN TO MINISTRY

The decision to permit a priest or deacon to return to active ministry must take into account the nature and seriousness of the misconduct, the progress in treatment, positive signs of continuing recovery, the need to prevent a relapse into abusive behaviors, and the danger of scandal. In deciding whether to permit a return to active ministry, the Archbishop and Vicar for Clergy will seek advice from the Clergy Misconduct Oversight Board as well as experts in the field. There are a number of possibilities:




  1. Return to ministry with appropriate restrictions and follow-up program. The priest or deacon’s immediate supervisor will be fully informed of his background and present situation.

  2. Three to five years outside active ministry with a good prognosis for return. From the very beginning, the hope of both the priest or deacon and the Archdiocese is that some form of ministry can be restored, and efforts will be made during the leave to prepare for that possible return. Any return will likewise involve appropriate restrictions and an aftercare program. The purpose of this program is to allow the priest or deacon to demonstrate continuing and progressive signs of recovery.

  3. Three to five years outside active ministry with the understanding that there is little chance of return. In this situation, the presumption is that the priest or deacon will not return to ministry, and the focus of the treatment will be to aid the cleric in transitioning to a new way of life. Should ongoing discernment coupled with significant progress in treatment lead the priest or deacon in question to petition for reinstatement to active ministry, a new assessment will be conducted.

  4. No possibility of return. In this case, the Archdiocese will provide transition assistance and will recommend that the priest or deacon petition for laicization and assist him in that process. Should the priest or deacon be unwilling to submit such a petition, the Archdiocese will initiate appropriate canonical procedures to preclude him from any active ministry.


XI. REGULATIONS GOVERNING CONDUCT WITH MINORS

Clergy can and should minister to minors and develop good rapport with them. At the same time, to give people confidence in the safety of their children as well as to protect themselves and the Church, clergy should take precautions in their contact with minors and avoid the kinds of contact that could raise concerns or lead to negative comment on the part of reasonable people. Therefore, the Archbishop has established the following regulations.


A. For Priests and Transitional Deacons:

  1. Priests must not have minors in their rooms. Minors must not stay overnight at a rectory.

  2. Priests should not spend their days off alone with minors unless those minors are relatives of the priest (by blood or adoption) and even then only with the express permission of the minor’s parents or legal guardians.

  3. Priests must not go on vacation with minors unless parents or other adults are present.

  4. On field trips or other outings involving minors, at least one other adult should be present. This regulation includes informal outings and “giving a ride” to minors.

  5. Priests must avoid activities that involve significant physical contact with minors or activities that might be misconstrued. Priests must not engage in wrestling with or tickling a minor or massaging a minor.

  6. Care and common sense must be taken with hugging a minor. Normally, a hug should only be given to a minor when the minor initiates the hug and when it is in a public place with other people present.

B. For Permanent Deacons

Permanent deacons who are celibate are bound by the same regulations as priests. Married deacons must follow similar norms in all ministerial contexts.

In familial contexts, married deacons (especially those with their own children and grandchildren) must adapt these norms to their family and living situations.

C. Violations of Policy

These regulations exist to protect minors, for the common good of the Church, and to protect the clergy from misunderstanding and false accusations. Violations of these policies are treated seriously and may require intervention or ecclesiastical discipline. A pattern of repeated violations of these policies may lead to the imposition of canonical penalties.

D. Mutual Care and Fraternal Correction

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.
When a priest or deacon fears that another priest or deacon may be involved in questionable behaviors or any form of sexual misconduct, he should normally speak first to him and also bring his concerns to the Vicar for Clergy. Furthermore, it is important to recognize that the abuse of alcohol or other substances or the use of pornography can lead to a breakdown of inhibitions that would normally keep someone from acting inappropriately.
In all this, if there is reasonable suspicion that a brother priest or deacon is engaged in sexual misconduct with a minor, all clerics must fulfill their responsibilities as mandated reporters (cf. Section VII of these Clergy Policies and Guidelines).

XII. SCREENING PROCEDURES

A. Clergy from Elsewhere Who Seek an Archdiocesan Assignment


When a priest or deacon applies for an assignment in the Archdiocese, he is asked to fill out an application. As part of that application, he is asked to state that he has not been involved in situations involving sexual abuse. His completed application is then sent to his bishop or proper superior, who is asked to affirm in writing that the answers given in the application are true. In addition, the superior is asked to recommend him for ministry in this Archdiocese. The steps of this screening procedure are explained in advance so that he can submit his application with full understanding. The priest or deacon must also be fingerprinted so a criminal background check can be made.
B. Clergy from Religious Institutes, Societies of Apostolic Life, or Other Institutes
Provincials or other superiors of religious institutes, societies of apostolic life, secular institutes or personal prelatures, when they recommend a priest or deacon for ministry in the Archdiocese, are asked to submit a written recommendation stating that he has not had problems involving sexual abuse. The priest or deacon must also be fingerprinted so a criminal background check can be made.
C. Hospitality, “Summer Supply,” or Temporary Assistance
A priest present in the Archdiocese for a conference or brief period of vacation and who shows a valid current celebret may be welcomed to celebrate Mass; the local pastor may extend permission for him to preach, but for no more than two weeks. The celebret must be an original, not a photocopy. If the pastor has any doubt about the priest’s credentials or suitability for ministry, he must contact the Vicar for Clergy or one of the Vicars General or Regional Vicars.
If a pastor personally knows a visiting priest and if the pastor receives a current letter from the priest’s bishop or religious superior attesting that he is in good standing, the pastor may permit that priest to assist in ministry for a period up to thirty days. In these cases, the pastor should complete the datasheet provided by the Office of the Vicar for Clergy and send that sheet with a copy of the letter attesting to the priest’s good standing to the Vicar for Clergy.
For a visiting priest to engage in ministry for any period beyond thirty days, prior approval of the Vicar for Clergy’s office is required. Before authorizing residence in a rectory, ministry, or extending Archdiocesan faculties, the Office of the Vicar for Clergy will conduct the appropriate screening of the priest. Thus, for priests to assist in “summer supply,” please contact the Office of the Vicar for Clergy before the end of March so that there is ample time to complete the screening process.
Permanent or transitional deacons incardinated elsewhere, when they are personally known to the pastor or administrator, may also be permitted to assist temporarily at a parish for up to two weeks. To arrange for longer periods of assistance, please contact the Director of Deacons at the Office for the Vicar for Clergy.

XIII. SCREENING AND FORMATION OF CANDIDATES FOR HOLY ORDERS

The Vocations Office and Seminary Admissions Committee will continue to do screening of candidates before admission to the Seminary.


In the course of formation, the Seminary offers courses, workshops and other programs dealing with human sexuality, with celibacy and with the responsibility of ministers in dealing with both children and adults. The Seminary and the Archdiocese will continue to seek ways of screening out persons with tendencies towards child abuse.
The Permanent Diaconate formation program has implemented similar programs.
When a priest or deacon is ordained, the Seminary or Diaconate Formation Office will send copies of all relevant materials from its file to the Office of the Vicar for Clergy.
For further information, consult the Seminary Handbook and the Office of Diaconate Formation.

XIV. FINANCIAL RESPONSIBILITY

It is the policy of the Archdiocese that if a priest or deacon is involved in sexual misconduct he is financially responsible for counseling or appropriate treatment for the person(s) injured. As part of its outreach through the Office of Assistance Ministry, however, the Archdiocese will assure that no person will be denied treatment because the priest or deacon involved is unable to pay for it.



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