Sexual Misconduct Toward
Minors and Others at Risk
The Policy of the Diocese of Gary
THESE POLICIES AND PROCEDURES ARE TO BE IMPLEMENTED IN RESPONSE TO AN ALLEGATION OF SEXUAL MISCONDUCT TOWARD MINORS AND OTHERS AT RISK.
7-10-93
slightly revised 4-25-02
further revised 6-27-02
further revised 4-1-03
Introduction
In recent years there has been an explosive increase in reported cases of sexual misconduct towards minors and others at risk throughout our country. Because of the destructive impact of such incidents on the victim, the victim's family, the local Church community, as well as the accused, a diocesan policy exists to deal in a forthright and compassionate way with situations in which an employee, volunteer or cleric is accused of sexual misconduct toward a minor or other at risk.
Our purpose in establishing this policy is to assure victims of sexual misconduct the healing they need to help reduce the destructive effects of their traumatic experience. It is also our strong desire to ensure appropriate pastoral outreach to the affected families and local Church communities. Pastoral concern is also extended to the accused and to those ultimately found guilty of sexual misconduct as they are made aware of the destructiveness of their behavior by prescribing the necessary professional treatment.
With a profound respect for the dignity of each person involved, it is our goal that compassion and healing be the foundation upon which this policy is based. For those abused, those accused, and those found guilty of sexual misconduct, this is how we approach this work.
Policies and Procedures
I. RESPONSE TO COMPLAINTS AND ALLEGATIONS OF SEXUAL MISCONDUCT
A. Indiana Code
(I.C.) Sections 31-33-5-1, 31-33-5-2, 31-33-5-3, and 31-33-5-4
(See
Appendix II) require that staff members of a private institution, school or
facility
who have reason to believe that a minor has been physically or sexually
abused
shall immediately orally report such belief to the local Child Protection
Service
or law enforcement agency.
1. Note that the statute says to report immediately when a person has
"reason to believe" that physical or sexual abuse has occurred. This
means that if a report is made of sexual abuse, it must be reported
immediately and not after an "in-house" investigation.2. The definition of "Reason to Believe," according to Indiana Statute,
means that if presented to individuals of similar background and
training, it would cause those individuals to make a judgment that a
child was abused or neglected.B. It is the responsibility of every cleric, administrator, employee or volunteer of
the Diocese of Gary who receives a complaint or allegation of sexual
misconduct to report it immediately to the Bishop's Delegate. If he/she is not
available, the report is made to the Bishop's Administrative Assistant. In the
case of a minor, the public authorities will be notified and then the Response
Team.C. The diocese will cooperate with the authorities in the investigation. The
Bishop's Delegate will direct an investigation of all rumors, anonymous phone
calls and unsigned letters. Members of the Response Team will be contacted to
assist in this process.D. The Diocese of Gary will not enter into confidentiality agreements except for
grave and substantial reasons brought forth by the victim. Such reasons shall
be noted in the agreement.E. Any modifications to this policy will be made after consultation with the
Response Team and if appropriate other consultative bodies of the diocese.
Any modifications must have the approval of the Bishop of the Diocese of
Gary. If modifications are made, the United States Conference of Catholic
Bishops shall receive a copy of the revised policy within three months after
such modifications.
II. RESPONSE TEAM
A. The
Bishop has established a Response Team consisting of two priests, a
psychologist, a social worker versed in cases of sexual misconduct and abuse,
and six other persons who bring a particular sensitivity to this role. One member
of the Response Team is the Bishop's Delegate and chairperson. The majority
of
the Response Team members will be lay individuals and not in the employ of
the
Diocese of Gary. He/she will also serve as the Assistance Coordinator on
behalf
of the alleged victim. The concept of the Response Team is to have a
small
representative group which can act with promptness, fairness,
confidentiality
and compassion toward all concerned.
B. The Team Chairperson's
responsibility is to convene the Response Team to
ensure that the prescribed process is implemented and that proper procedures
are followed. It will also be the Chairperson's responsibility to keep the Bishop
informed in a timely fashion of an allegation and the progress of the Response
Team concerning the allegation.
C. The Response Team will
oversee all steps of the procedure for dealing with the
accusations, and will act as guarantor of the due process for all parties.
D. Members of the Response
Team are appointed by the Bishop who is to ensure
that the Team's composition reflects expertise in the areas addressed by the
Team. Members are appointed to a five-year term which is renewable. At least
eight
members of the Response Team will be in full communion with the
Church.
E. The Communications
Director of the diocese is the spokesperson to the media,
and will be appropriately informed in each situation by the Bishop's Delegate.
III. INTERVENTION PROCESS
A. The Bishop's Assistance
Coordinator will ensure that appropriate pastoral care
be provided for the alleged victim and family to assist them in healing and
reconciliation. If the Response Team considers it necessary, reasonable
qualified medical/psychological care support groups and other social services
will be offered.
B. The Response Team will,
when reasonably indicated, provide prompt pastoral
care to all pastoral institutions affected by the allegations of sexual misconduct.
The scope, type and duration of this service will be determined by the Response
Team on a case-by-case basis.
C. The person who made the
allegation, the parents of the minor or other at risk,
and, if advisable, the victim of the sexual misconduct will be interviewed by the
Bishop's Delegate or member(s) of the Response Team appointed by him/her.
D. The victim will be
advised of their right to make a report to the public
authorities.
E. The volunteer, employee
or cleric against whom the allegation is made will be
informed of the allegation and advised of their right to legal counsel.
F. Every interview will be
respectful and courteous. The goal is to determine each
person's account of the alleged incident.
G. If, after careful
review, the Response Team judges the complaint to be without
merit, the Bishop's Delegate will fully inform all parties in a timely fashion of
the results of the investigation. The Team will take all necessary steps to protect
the accused from defamation, and to restore the peace of the community.
H. If, after careful
review, the complaint is judged to be credible, the Response
Team will recommend that the Bishop take immediate administrative action
toward the accused.
I. The following procedure will then apply:
1.
A volunteer: the volunteer will be immediately relieved of all
volunteer
duties, responsibilities, and activities.
2.
An employee: the employee will be immediately terminated or placed on
administrative leave at the discretion of the Bishop who will determine
whether or not the leave will be with or without pay.
J. Where sexual abuse by a
priest or deacon is admitted or is established after an
appropriate investigation in accordance with common law, the following will
apply:
1.
The cleric will be immediately placed on administrative leave, and
moved to a supervised residency.
a) He is asked to sign a medical and psychological assessment
release form prepared by the diocese.
b) He is required to undergo, as soon as possible, a complete
psychological and medical assessment at a facility designated by
the Bishop.
c) In the event that cleric refuses to comply with the above, he will
immediately incur suspension from all priestly or diaconal
duties.
2.
When even a single act of sexual abuse of a minor 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, not excluding dismissal from the clerical
state,
if the case so warrants. The Bishop of the Diocese of Gary has the
executive
power of governance, through an administrative act, to
remove
an offending cleric from office, to remove or restrict his
faculties,
and to limit his exercise of priestly ministry. See paragraph 5
below.
3.
In every case the process provided in common law shall be observed,
and the various provisions of common law shall be considered.
4.
The accused priest or deacon shall be encouraged to retain the
assistance
of civil and/or canonical counsel. If requested, the diocese will supply
canonical counsel to a cleric. See paragraph 5.
5.
In the case of a minor, where the penalty of dismissal from the
clerical
state has not been applied for reasons such as advanced age or infirmity,
the offender is to lead a life of prayer and penance. A priest-offender
will not be permitted to celebrate Mass publicly, wear clerical garb, or
present himself publicly as a priest.
K. For clerics accused of sexual
misconduct toward others at risk: When
allegations of sexual misconduct are brought against a cleric and are
substantiated, it might be possible for continued ministry within the diocese.
However, it will be the responsibility of the Response Team to make a
recommendation to the Bishop about a ministerial assignment for the cleric.
This
will be based upon the evaluation and advice of qualified experts, and
following in-patient residential or out-patient psychological/psychiatric
treatment. the Response Team's recommendation may include:
1. the cleric receiving no ministerial assignment within the diocese
2. support for resignation from priestly or diaconal ministry
3. canonical process for laicization
4. a ministerial assignment with various conditions.
IV. FOLLOW-UP
A. For
the victims of sexual misconduct: The Bishop's Delegate/Assistance
Coordinator, in consultation with the Response Team, will continue to monitor
the pastoral needs of the victim as well as to confirm that proper
medical/psychological care, group support, or other social services are available
for an appropriate period of time. Similar pastoral care and reconciliation will
be offered to the affected community.
B. For clerics accused,
but found not guilty of sexual misconduct: If it has become
public knowledge, every possible, appropriate step will be taken by the
Bishop's Delegate, in collaboration with the Bishop and the falsely accused
cleric, to repair any damage to the cleric's reputation.
C. For volunteers and lay
employees accused, but found not guilty of sexual
misconduct: Every possible, appropriate step will be taken by the Bishop's
Delegate and members of the Response Team to repair any damage to the
volunteer's and lay employee's reputation.
APPENDIX I
DEFINITION OF TERMS:
In this policy, regarding allegations of sexual misconduct towards minors and others at risk, the following terms are defined:
Cleric
For
the purpose of this Policy, the term "cleric" shall include and be limited
to diocesan priests, religious priests, and transitional and permanent
deacons.
Employee For the purpose of
this Policy, the term "employee" means any person
employed by the diocese or any subdivision thereof. An employee may be a
cleric, a lay person or a member of a religious order.
Regular
Volunteer For the purpose of
this Policy, the term "regular volunteer" shall mean any
person who serves as a volunteer in a Church-sponsored activity, or under the
auspices of the diocese or a subdivision thereof. This would include, but is not
limited to, student teachers, aides, coaching assistants, special instructors,
catechists, scout leaders, server coordinators, etc.
Minors
For the
purpose of this Policy, the term "minors" shall be limited to persons
under eighteen (18) years of age.
Others
at Risk
For
purposes of this Policy, the term "others at risk" shall include, but not be
limited to, developmentally disabled persons, and those who place themselves
under the trust of a cleric, religious, or employee wherein a power/authority
relationship is in place.
Sexual
Misconduct In this policy, sexual
misconduct means any sexual conduct which is
either unlawful and/or contrary to the moral teaching of the Church.
APPENDIX II
INDIANA CODE 31-33-5-1 DUTY TO MAKE REPORT
Sec. 1. In addition to any other duty to report arising under this article, an individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report as required by this article. As added by P.L.1-1997, Sec. 16.
INDIANA CODE 31-33-5-2 NOTIFICATION OF INDIVIDUAL IN CHARGE OF
INSTITUTION, SCHOOL, FACILITY OR AGENCY; REPORT
Sec. 2
(a)
If an individual is required to make a report under this
article in the individual’s capacity as a member of the staff of a medical or other
public or private institution, school, facility, or agency, the individual shall
immediately notify the individual in charge of the institution, school, facility, or
agency or the designated agent of the individual in charge of the institution, school,
facility, or agency.
(b) An individual notified under subsection (a) shall report or
cause a report to be made. As added by P.L.1-1997, Sec. 16.
INDIANA CODE 31-33-5-3 EFFECT OF COMPLIANCE ON INDIVIDUAL’S OWN
DUTY TO REPORT
Sec. 3. This chapter does not relieve an individual of the obligation to report on the individual’s own behalf, unless a report has already been made to the best of the individual’s belief. As added by P.L.1-1997, Sec. 16.
INDIANA CODE 31-33-5-4 IMMEDIATE ORAL REPORT TO LOCAL CHILD
PROTECTION SERVICE OR LAW ENFORCEMENT
AGENCY
Sec. 4. A person who
has a duty under this chapter to report that a child may be a
victim of child abuse or neglect shall immediately make an oral report to:
(1) the local child protection service; or
(2) the local law enforcement agency.
As added by P.L.1-1997, Sec. 16.
APPENDIX III
LIST OF AGENCIES FOR REPORT OF SEXUAL ABUSE OR NEGLECT
LAKE COUNTY
Child Protection Services
219-881-6966
If closed, contact local police;
or the Sheriff's Dept. at
219-755-3300
LAPORTE COUNTY Child Protection Services
219-326-5870
If closed, contact local police;
or the Sheriff's Dept. at
219-326-7700
PORTER COUNTY Child Protection Services
219-462-7555
If closed, contact local police;
or the Sheriff's Dept. at
219-477-3000
STARKE COUNTY Child Protection
Services
574-772-3411
If closed, contact local police;
or the Sheriff's Dept. at
574-772-3771
CONTACT CATHOLIC FAMILY SERVICES FOR
COUNSELING FOR CHILD ABUSE
Victim Assistance Coord.: Anthony Panozzo, MS, LMHC 219-844-4883
LAKE COUNTY
Crown Point
219-662-7677
East Chicago
219-397-5803
Gary
219-886-3565
Hammond
219-844-4883
LAPORTE COUNTY Michigan City 219-879-9312
PORTER COUNTY Portage 219-762-1177
CONTACT DR. KEN FLANAGAN FOR QUESTIONS ON POLICIES AND PROCEDURES
CATHOLIC CHARITIES 219-669-2286
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