Procedure for Dealing
with Allegations of Sexual Abuse of Minors
by Priests or Deacons
Diocese of Rockville Centre
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On December 8, 2002, the Holy See approved the Essential
Norms for Diocesan/Eparchial Policies Dealing with Allegations
of Sexual Abuse of Minors by Priests and Deacons. The following
procedure applies these national norms to the Diocese of Rockville
Centre.
The diocesan procedure defines sexual abuse of a minor according
to the national norms:
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.
Sexual abuse has been defined by different civil authorities
in various ways, and these norms do not adopt any particular
definition provided in civil law. Rather, the transgressions
in question relate to obligations arising from divine commands
regarding human 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
(USCCB Norms).
Reporting an Incident
When a complaint of sexual abuse of a child or minor
by a priest or deacon is brought to any person working for
the Church, he or she is (1) to urge the complainant to notify
the legal authorities immediately and assist the person to
do so if the complainant wishes; (2) to call the legal authorities
immediately after receiving whatever information has been
provided, consistent with protection of confidential relationship
and particularly that of the seal of Confession, whether or
not the complainant wishes that; and (3) after having done
that, to inform Eileen F. Puglisi, Director, Office for the
Protection of Children and Young People. Office for the
Protection of Children and Young People or the Diocesan
Attorney accepting the complaint will initiate the diocesan
standardized incident report form and, as a precaution,
also inform the legal authorities before beginning the pastoral
process which follows below.
Response to Initial Report of Sexual Abuse
An allegation of sexual abuse of a minor by a priest or
deacon is made to Eileen F. Puglisi, Director, Office for the
Protection of Children and Young People.
In an effort to ensure a response to those who wish to
report incidents of sexual abuse of minors by members of the
clergy, the Diocese of Rockville Centre has installed a dedicated
telephone line for the reporting of all cases. That phone
number is (516) 594-9063. If the caller does not reach someone
directly, messages can be left on an answering machine connected
to the phone. Those messages will be retrieved by the
Office for the Protection of Children and Young People and
returned as soon as possible.
The allegation is immediately forwarded to the appropriate
law enforcement agency which follows its own procedures. The
Diocese of Rockville Centre will comply with all applicable
civil laws with respect to the reporting of allegations of
sexual abuse of minors to civil authorities and will cooperate
in their investigation. At all times, the Diocese will advise
and support a person's right to make a report to public authorities.
The alleged victim(s) is immediately offered counseling and
appropriate assistance, regardless of what further steps are
taken.
A preliminary investigation in harmony with canon law is
then initiated and the Promoter of Justice is informed.
Steps in the Preliminary Ecclesiastical Investigation
1. The Preliminary Investigation according to the norms of
Church law is carried out by the Office for the Protection
of Children and Young People
or those delegated by the Office for the Protection of
Children and Young People.
2. All appropriate steps will be taken to protect the reputation
and privacy of those involved: complainant(s), victim(s) and
the accused.
3. These parties will likewise be encouraged to retain the
assistance of civil and canonical counsel.
4. The priest is asked voluntarily to refrain from ministry
while the investigation of the allegation is carried out.
5. Careful inquiry is made about the allegation’s facts,
circumstances and imputability to determine whether there
is sufficient evidence that the sexual abuse of a minor has
occurred.
6. The accused priest or deacon 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 Diocese and to the accused.
7. The Office for the Protection of Children and Young
People will report the results
of the preliminary ecclesiastical investigation to the Diocesan
Bishop and the Promoter of Justice. The parties involved will
be promptly notified of the results of the preliminary ecclesiastical
investigation.
When there is sufficient evidence that sexual abuse
of a minor has occurred
1. The Diocesan Bishop, in writing, shall remove the accused
priest or deacon from his assignment and prohibit the public
exercise of ministry, pending the outcome of the process.
2. The Congregation for the Doctrine of the Faith shall be
notified. All directions given by the Holy See for each case
will be followed.
3. The alleged offender will again be encouraged to retain
the assistance of civil and canonical counsel. When necessary,
the Diocese will supply canonical counsel to a priest.
4. The allegation will be reviewed by the Review Board, which
advises the Diocesan Bishop in all aspects of the case.
The Review Board, established by the Diocesan Bishop,
will be composed of at least five persons of outstanding integrity
and good judgment in full communion with the Church. The majority
of the review board members will be laypersons who are not
in the employ of the Diocese of Rockville Centre. At least
one member shall be a priest who is an experienced and respected
pastor of the Diocese. At least one member shall have particular
expertise in the treatment of the sexual abuse of minors.
The members will be appointed for a term of five years, which
can be renewed (USCCB Norms).
5. After consultation with the Promoter of Justice, the Diocesan
Bishop decides, in writing, to proceed administratively or
to initiate an ecclesiastical trial. In either case, the norms
of Church law are carefully followed.
6. No priest or deacon will be returned to pastoral ministry
in the Diocese who has committed even a single act of sexual
abuse of a minor or who evidences negative psychopathology
that poses a danger to minors.
When an act of sexual abuse by a priest or deacon
is admitted or is established by canonical process:
1. The offending priest or deacon will be removed permanently
from ecclesiastical ministry. He will not be permitted to
celebrate Mass publicly or to administer the sacraments. He
is prohibited from wearing clerical garb or presenting himself
publicly as a priest.
2. No permission will be given for the offending priest or
deacon to exercise ministry outside the Diocese of Rockville
Centre.
3. The priest or deacon may at any time request a dispensation
from the obligations of the clerical state. In cases of serious
scandal or harm, the Diocesan Bishop may request of the Holy
Father the dismissal of the priest or deacon from the clerical
state ex officio, even without the consent of the priest or
deacon.
4. Should the case warrant it, the Diocesan Bishop may begin
the process for dismissal from the clerical state.
Should an offending priest or deacon be sent to reside outside
the Diocese of Rockville Centre, the Diocesan Bishop shall
forward, in a confidential manner, to the ordinary 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.
Updated 10/2004
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