of the Roman Catholic Diocese of
Norwich
Promulgated December 8,
2003
Solemnity of the Immaculate
Conception of Mary
Diocese of Norwich
Office of the Bishop
201 Broadway
Norwich, Connecticut
06360
Decree of Promulgation
In accordance with Canon 8, § 2 of the 1983 Code of Canon Law, I
hereby
promulgate
the Sexual Misconduct Policy of the Diocese of Norwich.
This
policy replaces the Sexual Misconduct Policy of the Diocese of Norwich
in effect
since 1994.
The new policy becomes effective with
its promulgation.
Published
and promulgated at Norwich on December 8, 2003, the Solemnity of the
Immaculate
Conception of Mary.
(signed)
+ Michael R. Cote
Most
Reverend Michael R. Cote, D.D., J.C.L.
(signed)
Robert L. Brown
Reverend Monsignor Robert L. Brown Chancellor
Table of Contents
Introduction
Article One: General
Provisions
Article Two: Roles
and Responsibilities
Article Three: Processes
to be Followed
Article Four: Screening,
Education, Formation, and Assignment to Ministry
Article Five: Personnel
Records
Appendix I: Definitions
Appendix II: Connecticut
Reporting Requirements and The Diocese of Norwich
Appendix III: New York Reporting Requirements and the
Diocese of Norwich (for Our Lady of Grace Parish, Fishers Island, New York)
Attachments
(Sample
Letter or Statement of Suitability)
(DCF
Reporting Form) ( http://www.state.ct.us/dcf/dcf_136.pdf
)
(Important Phone
Numbers for Responding to Sexual Misconduct)
(Diocese of
Norwich Sexual Misconduct Policy Summary - CT Edition) ( http://www.norwichdiocese.org/abuse/smis.rtf )
(Diocese of
Norwich Sexual Misconduct Policy Summary - NY Edition) ( http://www.norwichdiocese.org/abuse/smis.rtf
)
INTRODUCTION
On September 19, 1990, the first written policy created
specifically for the Diocese of Norwich to deal with issues of sexual
misconduct, the sexual abuse of children, and child abuse was published. It was an important first step forward. It established the diocesan Pastoral Care
Committee and a process for dealing with these most important issues. It reminded diocesan personnel of their
reporting obligations and raised awareness at every level of diocesan
functioning. It was, indeed, one of the
early efforts of the Church in the United States to deal in objective,
charitable, and just fashion, with both the victims and the accused in these
cases.
Subsequent
experience of the Pastoral Care Committee and the evolving nature of the
problem highlighted the need for an even more comprehensive and detailed
policy, which was created in 1994 in consultation with attorneys, therapists,
and social workers, who deal on a day-to-day basis with the issues that are
raised by sexual misconduct, the sexual abuse of children, and child abuse.
More recent
events and responses, including the Charter for the Protection of Children
and Young People and the Essential Norms for Diocesan/Eparchial Policies
Dealing with Allegations of Sexual Abuse of Minors by Priests, Deacons, or
Other Church Personnel, have highlighted the need for more policy
revisions.
The five
articles that follow are a reflection of the experience of the Church of
Norwich, as well as that of many experts in the field.
Article One contains general statements of policy from which
specific procedural recommendations in the balance of the documents follow.
Article Two
establishes the roles and responsibilities for the development, implementation,
and review of diocesan policies on sexual misconduct. After affirming the ultimate responsibility
of the Bishop, it establishes an Office of Internal Affairs (responsible for
the investigative processes), the Diocesan Review Board (responsible for the
review of complaints and the formulation of recommendations for action to the
Bishop), the Assistance Coordinator (responsible for developing and maintaining
a protocol, enhancing communications, fostering the diocesan relationship with
various victims’ and survivors’ services agencies, and responding to the needs
of all those affected by sexual misconduct and sexual abuse by diocesan
personnel), and the Policy Review Board (responsible for the review of diocesan
policy on screening, training, placement, and sexual misconduct
generally). This Article additionally
addresses the relationship of the diocese to members of institutes of
consecrated life and societies of apostolic life and extern clerics in the
diocese.
Article
Three develops the actual processes that are to occur when an accusation of
sexual misconduct arises. Specifically,
this article provides procedures for the receipt and handling of incident
reports. It sets forth the process that
will be followed in treating complaints, including immediate review by the
Office of Internal Affairs, the Bishop, and, when appropriate, the Office of
the State’s Attorney and/or the Department of Children and Families (DCF) or,
when applicable, the local Child Protective Services of the (New York) Office
of Children and Family Services. The
various steps that will be followed in dealing with the incident are described,
including the investigations phase, the initiation of action, the determination
of culpability or lack thereof, and supplementary reviews of dispositions.
Article
Four details diocesan plans to review and augment on-going programs for the screening
and education of clerics, religious, and laity in matters related to sexuality
and sexual misconduct. It further
establishes the guidelines for the assessment of clergy and members of
institutes of consecrated life and societies of apostolic life coming into the
diocese for assignment.
Article
Five describes personnel record keeping procedures in the diocese as well as
the confidentiality that is attached to those records.
Sexual
misconduct affects the whole Church. The
solution to the problem must involve the whole Church. The following policies and procedures are
another step in the continuing effort of the Diocese of Norwich to provide for
the well-being of the people among whom it carries on its pastoral mission.
ARTICLE ONE
GENERAL PROVISIONS
1.1 Establishment
of Policy. Sexual misconduct, by any
Christian, violates Christ’s commandment to love one another. Sexual misconduct by personnel of the Diocese
of Norwich violates God’s law, assaults human dignity, and irreparably damages
the mission of the Church. Thus, no
sexual conduct which is contrary to the moral and spiritual tradition and
teaching of the Roman Catholic Church can be sanctioned or condoned as part of
the ministry of the Diocese of Norwich.
Therefore:
- it is the
policy of the Diocese of Norwich that, since sexual misconduct and/or sexual
abuse of children, and/or child abuse, by the personnel of the diocese is not
only contrary to every Christian principle, but also, by its very nature,
outside the scope of the duties and employment of all personnel of the diocese,
acts of sexual misconduct are strictly forbidden and will be cause for the
imposition of sanctions, including, but not limited to, loss of employment,
removal from office, suspension, and/or excommunication;
- the
following policies and procedures are hereby established (1) in an effort to
prevent sexual misconduct by diocesan personnel and the resulting harm to
others while the work of the diocese is being performed and (2) to provide
internal guidance to the personnel of the diocese on how to respond to
allegations of sexual misconduct if they do occur.
1.2 Definitions. The scope and content of these policies shall
be construed in accord with the definitions provided in Appendix I, attached
hereto and incorporated herein by reference.
1.3 Funding. The Diocese shall provide reasonable funding,
in amounts to be determined by the Bishop, in order to provide for the staff,
such liability insurance as necessary and appropriate, and the facilities
necessary for the implementation of these policies. The Diocese of Norwich shall not create,
fund, or establish victims’ services but shall act in every reasonable manner
to support and cooperate with the existing agencies already providing such
services.
1.4 Interpretation. These policies are to be understood and
construed in a fashion consistent with the 1983 Code of Canon Law, as
amended from time to time, the Charter for the Protection of Children and
Young People, and the Essential Norms for Diocesan/Eparchial Policies
Dealing with Allegations of Sexual Abuse of Minors by Priests, Deacons, or
Other Church Personnel.
1.5 Review and
Amendment. At least once annually
the Policy Review Board established in Article Two shall review these policies
and procedures and make any recommendations for amendment to the Bishop. The Bishop may amend these policies and
procedures at any time upon the recommendation of the Policy Review Board or at
his own initiative.
ARTICLE TWO
This article addresses the roles and responsibilities of the
following:
-The
Diocesan Bishop
-The Office
of Internal Affairs
-The
Diocesan Review Board
-The
Assistance Coordinator
-The Policy
Review Board
-Institutes
of Consecrated Life and Societies of Apostolic Life
-Extern
Clerics
2.1 The
Diocesan Bishop. The Bishop of the Diocese of Norwich shall
have ultimate responsibility for the development, review, and implementation of
these policies. He shall be assisted by
groups and persons in the manner and fashion described in Article Two below. In the event of the Bishop’s absence, the Vicar
General of the Diocese shall act in his place.
In the event of a vacant or impeded see, the Administrator of the
Diocese shall act in the place of the Bishop.
2.2 The Office of Internal Affairs. The Office of Internal Affairs shall consist
of the Bishop’s Delegate for Internal Investigations assisted by a team of no
fewer than two investigators, all appointed by the Bishop for a specified
term.
The primary responsibility of this
Office is to assist the Bishop in his obligation to investigate allegations of
sexual misconduct by diocesan personnel.
2.2.1 The Delegate for Internal Investigations is
bound by office to promote the truth.
The Delegate for Internal Investigations shall be a cleric of unimpaired
reputation, should have some background in church administration or governance
and a knowledge of canon law, and shall be proven in
prudence and zeal for justice.
2.2.2 The investigators shall be lay persons with
background or experience in the investigation and/or prosecution of allegations
of sexual misconduct. Preferably there
will be at least one female and one male investigator. They shall be persons of unimpaired
reputations capable of objective and impartial treatment of all concerned.
2.2.3 The duties of the Office of Internal
Affairs, under the supervision of the Delegate for Internal Investigations and
the Diocesan Bishop, shall be to:
- receive and assess all complaints
of sexual misconduct by diocesan personnel;
- if warranted, investigate the same
complaints in a manner consistent with the provisions of canon law, the Charter
for the Protection of Children and Young People, and the Essential Norms
for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of
Minors by Priests, Deacons, or Other Church Personnel;
- transmit the results of the
investigation to the Bishop, the Diocesan Review Board, and the Assistance
Coordinator;
- assist the Diocesan Review Board
by preparing, submitting, and presenting reports pertaining to allegations and
such other information as may be requested from time to time by the Diocesan
Review Board, always bearing in mind the duty to respect and protect the
privacy, good reputation, and well-being of the alleged victim and the alleged
perpetrator;
- prepare and assist in the pursuit
of such canonical penal processes as may be appropriate when requested to do so
by the Bishop.
2.3 The Diocesan Review Board. The Diocesan Review Board shall be a standing
committee whose members are appointed by the Bishop of the Diocese of Norwich.
The primary responsibility of this
Board is to assist the Bishop in his obligation to review the findings of the
Office of Internal Affairs and formulate a course of action in response to
allegations of sexual misconduct by diocesan personnel.
2.3.1 Membership. The Diocesan Review Board shall be composed
of no fewer than five (5) members appointed by the Bishop. A majority of the members are to be lay
people of good reputation with knowledge related to addressing sexual abuse
and/or sexual misconduct.
2.3.2 Term.
Appointments shall be for a term of five (5) years or until a successor
is appointed.
2.3.3 Officers. The Bishop shall designate one member of the
Diocesan Review Board to serve as chairperson for a one year term. The chairperson will ordinarily call and
preside at meetings of the committee.
2.3.4 Relationship to Bishop. The Diocesan Review Board will serve the
Bishop directly and shall be directly accountable to him.
2.3.5 Compensation. None of the members of the Diocesan Review
Board shall receive compensation for his/her services, but may be reimbursed
for necessary expenses at the discretion of the Bishop.
2.3.6 Quorum. Three (3) members,
or one more than half the membership, of the Diocesan Review Board shall
constitute a quorum for business.
2.3.7 Meetings.
2.3.7.1 Generally. The Diocesan Review Board shall meet
regularly to perform its duties and as called by the Chairperson whenever
necessary.
2.3.7.2 Attendance. Attendance at the Diocesan Review Board
meetings shall be limited to the Bishop, the members of the Board, and the
Delegate for Internal Investigations and/or the Assistance Coordinator when
deemed necessary, unless the Bishop determines otherwise.
2.3.7.3 Nature of the meetings. The meetings of the Diocesan Review Board are
intended as sessions at which the Board receives and considers information,
deliberates, and formulates its determinations and recommendations.
2.3.7.4 Right to Counsel. Any party, either a complainant or the
accused, appearing at a meeting with the permission of the Bishop, shall have
the right to appear with legal and/or canonical counsel.
2.3.8 Duties. The Diocesan
Review Board shall have the duty to:
- review those complaints brought to
its attention by the Office of Internal Affairs and to make recommendation to
the Bishop regarding the continuation in ministry and/or employment of accused
diocesan personnel;
- make recommendations to the Bishop
regarding appropriate methods of outreach to affected parties;
- provide advice and assistance to
the Bishop regarding notification to insurance carriers, possible legal
obstacles, and canonical concerns.
- provide such other services to the
Bishop as may be requested from time to time.
2.4 Assistance Coordinator. There shall be an Assistance Coordinator who
will reach out to and coordinate assistance for persons affected by sexual
misconduct by a priest, deacon, or others who minister, work, or volunteer in
the Diocese of Norwich.
The primary responsibility of this
Coordinator is to assist the Bishop in his ministry and obligation of providing
assistance to victims of sexual misconduct by diocesan personnel. In carrying out the duties and
responsibilities of this office, a deep respect for the dignity and well-being
of all those affected by abuse is to be maintained at all times.
The work and ministry of the
Assistance Coordinator is one of outreach and assistance in the healing process
and not one of advocacy.
2.4.1 Relationship to the Bishop.
The Assistance Coordinator shall serve the Bishop directly and shall be
directly responsible to him. This person
is appointed by the bishop for a specified term.
2.4.2 Compensation. The Assistance
Coordinator shall serve without compensation.
He/She may also be reimbursed for necessary expenses at the discretion
of the Bishop.
2.4.3 Duties and Responsibilities.
The duties of the Assistance Coordinator shall be to:
- Function as a liaison to victims’
and survivors’ assistance agencies. The
Assistance Coordinator shall develop and maintain a protocol, enhance
communications, and foster the diocesan relationship with victims’ service
agencies. The Assistance Coordinator
shall report regularly to the Bishop, the Diocesan Review Board, and the Policy
Review Board the concerns and suggestions of these agencies and
organizations. Similarly, the Assistance
Coordinator will carry the concerns and suggestions of the Diocese to those
bodies.
- Assist those affected by sexual
misconduct by personnel of the Diocese.
The Assistance Coordinator shall maintain a current directory of victim
service agencies within the Diocese of Norwich.
Complainants and alleged victims of diocesan personnel shall regularly
be referred to these local victims’ service agencies for assistance. It shall be the obligation of the Assistance
Coordinator to familiarize and update local agencies with diocesan policies and
procedures, so as to assist those agencies in dealing effectively with
complainants, victims, and their families when wrongdoing has been alleged
against diocesan personnel.
Conversations with
persons seeking assistance will be kept private according to the wishes of the
alleged victim except as necessary in order to fulfill
civil and diocesan mandated reporting requirements and to protect other
potential victims.
The
Assistance Coordinator will communicate to the Diocesan Bishop or his
representative requests of victims and/or survivors for financial assistance
for services. The response of the Bishop
to such requests will be communicated by way of the Assistance Coordinator to
those seeking assistance.
- Support the alleged victim through
the investigative process. Inquiries may
be made to the Office of Internal Affairs as to the progress of the
investigation with the view of keeping the alleged victim informed of the
status of the investigative process. The
scope of information communicated in response to such inquiries will be
determined by the Delegate for Internal Investigations, with a view of keeping
the alleged victim informed while simultaneously safeguarding against any
interference in the justice process.
- Communicate requests to the Diocesan
Bishop for meetings of the victim(s) and/or survivor(s) and the Bishop and/or
his delegate. Arrangements and/or
responses to such requests will be communicated to the victim(s) and/or
survivor(s) by way of the Assistance Coordinator.
2.5 Policy Review
Board. There shall be a Policy
Review Board whose members are appointed by and serve at the discretion of the
Bishop of Norwich. Once the first
members of the board have been appointed, the Bishop will, in the future and
whenever possible, hear existing members of the Policy Review Board regarding
future appointments.
The primary responsibility of this
Board is to assist the Bishop in evaluating and making improvements to the
policies and structures that address allegations of sexual misconduct by diocesan
personnel.
2.5.1. Membership. The Policy
Review Board shall consist of no fewer than three(3)
and no more than (7) members. The
membership shall reflect the diversity of the population within the territory
of the Diocese of Norwich.
2.5.2 Term.
The initial appointments to the board shall be for staggered terms of one, two,
and three years. Thereafter,
appointments shall be for a term of three (3) years or until a successor is
appointed.
2.5.3 Officers. The Bishop shall designate one member of the
Board to serve as chairperson and another to serve as secretary, each for one
year terms. The chairperson will
ordinarily call and preside at meetings of the Board. The secretary will keep minutes of the
meeting.
2.5.4 Relationship to Bishop. The Policy Review Board will serve the Bishop
directly and shall be directly responsible to him.
2.5.5 Compensation. Members of the Board shall serve without
compensation. They may, however, be
reimbursed for necessary expenses at the discretion of the Bishop.
2.5.6 Quorum. Three (3) members of the Board shall
constitute a quorum for business.
2.5.7. Meetings.
2.5.7.1 Generally. The Policy Review Board shall meet as often
as necessary to perform its duties.
2.5.7.2 Attendance. Attendance at the Board meetings shall be
limited to the Bishop and members of the Board, unless the Bishop determines
otherwise.
2.5.7.3 Nature of the meetings. The meetings of the Policy Review Board are
intended to be sessions at which the members receive information, deliberate,
and formulate policy recommendations for the Bishop of the diocese.
2.5.8 Duties. The Policy
Review Board shall have the following duties:
- to evaluate current screening and
training programs and offer the Bishop
suggestions for screening, testing, or training of candidates to the
priesthood, diaconate, or lay ministry which will assist in the prevention of
incidents of sexual misconduct;
- to research and offer suggestions
to the Diocesan Review Board and the Assistance Coordinator for various
treatment and placement alternatives for sexually troubled clerics or
religious;
- to review and evaluate the
functioning of the Diocesan Review Board, the Office of Internal Affairs, the
Assistance Coordinator, the diocesan policies on sexual misconduct, and
diocesan codes of conduct in order to provide for their optimum functioning;
- to advise the Bishop of Norwich
regarding communications and public relations issues which may arise on the
topic of sexual misconduct.
2.6 Institutes
of Consecrated Life & Societies of Apostolic Life. The Diocese of Norwich shall establish a
protocol applicable to institutes of consecrated life and societies of
apostolic life whose members may be engaged in an apostolate within the
Diocese. The protocol shall be signed by
the Bishop and major superiors and shall state that:
- the
Institute or Society is committed to the policies described herein;
- the
Institute or Society will provide a copy of its own policies and procedures to
the diocese;
2.6.1 In the event of an accusation against a
member of the Institute or Society made to the diocese, the Bishop or his
delegate will promptly:
- contact the major superior to
apprise him/her of the complaint and explain diocesan policy and procedures,
- arrange for the accused to be
returned to the immediate supervision of the major superior, and
- in the
case of a cleric, consider and act upon recommendations for the removal of any
faculties which the accused may enjoy in the diocese, after a careful hearing
of the matter;
2.6.2 In the event of an accusation made to the
Institute or Society or major superior, against a member of the Institute or
Society stationed in the Diocese, the major superior or his/her delegate will
promptly
- contact and inform the Bishop of
the Diocese of Norwich of the complaint;
- facilitate the implementation of
those steps outlined in section 2.6.1 above.
2.6.3 If the Institute or Society has a published
procedure for dealing with allegations of sexual misconduct, diocesan policy
will defer to those procedures, unless requested to do otherwise by the
Institute;
2.6.4 If the Institute or Society does not have a
published procedure, or fails to adhere to its published procedure, the
diocesan procedures described herein will prevail.
2.7 Extern Clerics. The diocese shall review the faculties of extern clerics with faculties in the Diocese. The cleric’s proper Ordinary shall be required to certify that he is unaware of anything in the cleric’s background or behavior that would raise a reasonable concern regarding his suitability for ministry in the Diocese of Norwich, prior to any grant of faculties in the diocese. A criminal background check will also be conducted. Further information is contained in the diocesan procedures and policy regarding background checks.
ARTICLE THREE
PROCESSES AND PROCEDURES
3.1 Establishment
of Process. Actions, determinations,
and recommendations taken regarding sexual misconduct by diocesan personnel
shall occur according to the processes established by Article III.
3.2 Compliance
and Cooperation. All personnel
associated with the Diocese of Norwich are expected to comply with legally
established reporting requirements (See Appendices II and III), and otherwise
conduct themselves in a moral Christian manner and as responsible citizens of
the State of Connecticut or the State of New York. In addition, diocesan personnel shall comply
fully with the letter and the spirit of the diocesan policy on sexual
misconduct, with understanding and sensitivity for its goals.
3.3. Obligation to report.
3.3.1 Appropriate personnel (see Appendices II and
III) of the Diocese of Norwich having actual knowledge of or reasonable cause
to suspect an incident of abuse and/or neglect involving a child or a mentally
retarded person by anyone, shall immediately comply with state mandated
reporting requirements described in paragraph 3.2 above and in Appendices II
and III. If the alleged perpetrator is
one of the personnel of the Diocese of Norwich, the reporting person shall also
file an incident report with the Diocese in the manner hereafter described.
3.3.2 Members of the Roman Catholic Diocese of
Norwich having actual knowledge of, or reasonable
cause to suspect, an incident of sexual misconduct by diocesan personnel have
the obligation to report such knowledge in the manner hereafter described.
3.3.3 Under no circumstances is
information learned and/or revealed during the Sacrament of Penance to be
revealed or used in making reports.
3.4 Incident
reports. All incident reports shall be
made in the form of a signed written statement obtained either in person
or by telephone:
3.4.1 In
Person. Incident reports shall be
made either directly to the personnel of the Office of Internal Affairs or, if
an incident report is made or given to any diocesan personnel outside that
Office, immediately presented to the Office of Internal Affairs.
3.4.2 By
Telephone. The Office of Internal
Affairs shall maintain a separate toll-free number for a reporting line to
facilitate the filing of incident reports:
3.4.2.1 Hours. The reporting line will be available at all
times and will be answered by an appropriate electronic device.
3.4.2.2 Purpose. The reporting line is intended to be a
non-emergency line. Its purpose is to
receive the names and addresses of persons claiming to have knowledge of sexual
misconduct by diocesan personnel so as to contact them in regard to filing a
report or allegation.
3.4.3 Process. A letter, including a brief explanation of
the complaint process and a written incident report form, will be sent to
persons wishing to file a report with the diocese. Persons unable to file a written incident
report will be encouraged to prepare the report with the assistance of local
victims’ service agencies or to make an appointment with the Office of Internal
Affairs to give a signed statement.
3.4.4 Reports filed. Once the written
report is filed, or the signed statement completed, a copy of the same will be
immediately filed with: (a) the Office
of Internal Affairs (b) the Bishop of the Diocese of Norwich; and, if
appropriate under section 3.5 of these policies, (c) the Office of the State’s
Attorney in the judicial district where the incident is alleged to have
occurred, or when applicable, to the legal authorities of the State of New
York. The Office of Internal Affairs or
the Bishop’s designee will immediately inform the diocesan insurance carriers
of the allegations.
3.4.5 Anonymous Complaints. Anonymous complaints, or complaints containing
insufficient information to permit a reasonable inquiry into its allegations,
will be evaluated by the Office of Internal Affairs on a case-by-case basis to
determine if they will be further processed under these procedures.
3.4.6 Confidentiality. Confidentiality regarding complaints cannot
be assured. However, information
generated through incident reports shall be maintained in a private manner,
subject to disclosure in accordance with this section.
3.4.6.1 Custodian. The Delegate for Internal Investigations is
the custodian of all information received through incident reports and is
responsible for maintaining the privacy of those involved in accord with the
next paragraph.
3.4.6.2 Release of Information. The Delegate for Internal Investigations
shall release the content of the incident reports only as follows:
- to the
Bishop, the Assistance Coordinator, the Diocesan Review Board, and others
designated by the Bishop;
-
to the major superior of any member of institute of
consecrated life or society of apostolic life whose sexual misconduct is
alleged;
- to
the accused diocesan personnel; and
- to the
Office of the State’s Attorney or to DCF or to the legal authorities of the
State of New York, as provided below.
3.5 Investigation
of incident reports. The
investigation of incident reports shall occur in the following manner:
3.5.1. If the alleged incident on its face is criminal in nature:
3.5.1.1 State’s Attorney. If the incident on its face is criminal in
nature the Office of Internal Affairs shall forward the complaint to the Office
of the State’s Attorney (or to law enforcement authorities in New York when
applicable) within the judicial district where the incident is alleged to have
occurred, and may invite a designee of the State’s Attorney to attend a
briefing session with the Office of Internal Affairs. It shall defer its own investigation of the
matter pending such conference with the State’s Attorney or with his/her
designee, in order to avoid interfering with any investigation which may be
conducted by the State.
3.5.1.2 Office of Internal Affairs. The Office of Internal Affairs shall
immediately inform the Bishop of the Diocese of Norwich of the pending matter.
After prompt and careful
consideration of the matters developing in the briefing sessions(s) with the
Office of the State’s Attorney, the Office of Internal Affairs shall: (a)
continue to defer the action; OR (b) refer the matter and results of any
investigation to the Victims’ Assistance Coordinator and the Diocesan Review
Board; OR (c) treat the matter as non-criminal in nature under the policies in
3.5.2 below.
3.5.1.3 The Diocesan Review Board and
the Assistance Coordinator. The
Diocesan Review Board and the Assistance Coordinator shall meet with the Bishop
and the Delegate for Internal Affairs as necessary to discuss consultation with
such experts or professionals as may be appropriate, the relationship of the
accused to duties or assignments on behalf of the diocese, the possible civil
or criminal processes which may be involved, available canonical remedies, the
diocesan relationship with the media, as well as the best manner of outreach to
the person(s) alleged to have been injured by the alleged incident(s) of sexual
misconduct. After hearing the
recommendation(s) of the Diocesan Review Board, the Bishop shall make all final
determinations regarding these matters and request the cooperation of individual
committee members in the implementation of his decisions.
3.5.1.4 Determination of sexual
misconduct. Any personnel of the
Diocese of Norwich who plead guilty, plead nolo contendere, or are found guilty in any criminal court, of
any incident of sexual misconduct, shall, at the discretion of the Bishop of
Norwich, hearing the Diocesan Review Board prospectively whenever possible
and/or circumstances allow but retrospectively in all cases: (a) if he or she
is a lay person, be immediately suspended and/or terminated from employment,
and/or any position of authority in, the Diocese of Norwich, at the discretion
of the Bishop of Norwich; (b) if he or she is a member of an institute of
consecrated life, society of apostolic life, or is a cleric incardinated in
another diocese, be removed by his or her superior from ministerial duties
within the Diocese and transferred from the Diocese, according to the
provisions of canon law; (c) if a cleric, may initiate or hold in abeyance
penal sanctions, including, but not limited to, suspension, dismissal from the
clerical state, or excommunication, as appropriate, as determined by the Bishop
of the Diocese of Norwich. In those
instances in which the Bishop must act immediately, the Diocesan Review Board
will review the case retrospectively.
3.5.2 If the incident report is on its face
non-criminal in nature or has not been pursued by the Office of the State’s
Attorney:
3.5.2.1 Office of Internal Affairs. Incident reports that are non-criminal in
nature, or which have been referred to this section under 3.5.1.2 (c) above,
will be promptly investigated by the Office of Internal Affairs.
3.5.2.2 Allegations found to have
substance. If the Office of Internal
Affairs finds a reasonable basis to believe that the alleged incident may have
occurred, the Delegate for Internal Investigations shall report that
determination to the Bishop without delay and to the Diocesan Review Board as
soon as possible. If the investigation
develops information indicative of possible criminal conduct, the Office of the
State’s Attorney shall be notified and the procedures outlined in 3.5.1.1 -
3.5.1.2 shall be followed. Otherwise,
action shall be commenced promptly by the Bishop after consultation with the
Diocesan Review Board whenever possible and/or the circumstances of the case
allow to place the accused diocesan personnel on an administrative leave of
absence from his/her work, with pay. In
the case of a cleric he shall be given an administrative transfer to a house of
the diocese assigned for that purpose.
In the case of a member of an institute of consecrated life or society
of apostolic life arrangements shall be made to return the member to the
immediate supervision of his/her major superior.
3.5.2.3 Allegations found not to have
substance. If the Office of Internal Affairs
finds no substance to the incident report, or is otherwise unable to act upon
its contents, that conclusion will be reported to the Bishop, the Diocesan
Review Board, and the
Assistance Coordinator. If
they are in accord with the finding it will be recorded with the incident
report in the Office of Internal Affairs.
If they are not in accord with the finding, further investigation shall
occur. Information surfaced during the
course of the investigations will be maintained in the manner described paragraph
3.4.6 (confidentiality) above.
3.6 Initiation
of action. If the allegation is
found to have substance by the Office of Internal Affairs, the Bishop of
Norwich or his representative shall:
- arrange to meet with the
accused. At this meeting the accused
will be apprised of his or her canonical rights and
the processes which will be followed by the Diocesan Review Board and the
Assistance Coordinator;
- make notifications to the diocesan
attorney, to the Bishop of any other diocese involved, to the immediate
superior(s) of any lay employees, and to any other ecclesiastical superiors as
may be required.
- call a meeting of the Diocesan
Review Board. The Diocesan Review Board
shall meet with the Bishop and Delegate for Internal Affairs to discuss: the
results of the investigation, consultation with such experts or professionals
as may be appropriate, the further suspension of the accused from duties or assignments
on behalf of the Diocese, the possible civil processes which may be involved,
available canonical remedies, the diocesan relationship with the media, as well
as the best manner of outreach to the person(s) alleged to have been injured by
the incident (s) of sexual misconduct.
After hearing the Board, the Bishop shall make all final determination
regarding these matters and request the cooperation of individual committee
members in the implementation of his decisions.
3.7. Determination
of sexual misconduct. The Office of Internal Affairs shall continue its
investigation of the alleged incident(s) until such time as a determination of
sexual misconduct or lack of sexual misconduct is made.
Any
personnel of the Diocese of Norwich who are found by the Office of Internal
Affairs to have engaged in any incident of sexual misconduct shall, at the
discretion of the Bishop of Norwich, hearing the Diocesan Review Board
prospectively whenever possible and/or circumstances allow but retrospectively
in all cases: (a) if he or she is a lay person, be immediately suspended and/or
terminated from employment, and/or any position of authority in, the Diocese of
Norwich, at the discretion of the Bishop of Norwich; (b) if he or she is a
member of an institute of consecrated life, society of apostolic life, or is a
cleric incardinated in another diocese, be removed by his or her superior from
ministerial duties within the diocese and transferred from the diocese,
according to provisions of canon law; (c) if a cleric, may initiate or hold in
abeyance penal sanctions, including, but not limited to, suspension, dismissal
from the clerical state, and/or excommunication, as appropriate, as determined
by the Bishop of the Diocese of Norwich.
In those instances in which the Bishop must act immediately, the
Diocesan Review Board will review the case retrospectively.
3.8. Supplementary
Reviews. The Bishop and the Diocesan
Review Board may conduct such supplementary reviews as may be necessary from
time to time:
3.8.1 Questions for Review. The Bishop and Diocesan Review Board may
consider new information about a previous determination, review a placement or
a request to return to ministry, oversee the program and treatment for a cleric
incardinated in the Diocese, or consider any other matter within its realm of
responsibility.
3.8.2 Initiation. A Supplementary Review may be initiated at
any time at the discretion of the Bishop.
3.8.3 Determinations and recommendations.
The Diocesan Review Board may make the same kinds of determinations and
recommendations as in the earlier stages of the process, subject to the
approval of the Bishop.
3.8.4
SCREENING, EDUCATION, FORMATION AND
ASSIGNMENT TO MINISTRY
5.1 Education
of Personnel. It shall be the policy
of the Diocese of Norwich to provide educational programs on methods of
recognizing and preventing sexual misconduct, including the sexual abuse or
neglect of children as defined by the Connecticut General Statutes, as amended,
and/or as stipulated in the Charter for the Protection of Children and Young
People. Such educational programs
shall be planned and scheduled by the Policy Review Board and/or by the
Bishop’s delegate(s) chosen for this purpose, in conjunction with the Diocesan
School Office, the Diocesan Continuing Education and Formation Commission, the
Office for Faith Formation, and any other office that coordinates and/or
assists those who minister to and with youth.
5.2 Screening. Diocesan personnel shall continue to be
screened in the manner described in the previous sections and in the procedures
regarding background checks.
ARTICLE FIVE
PERSONNEL RECORDS
6.1 Personnel
Records. The Chancellor shall
develop guidelines for the administration of a unified system of diocesan
personnel record keeping consistent with law and sound personnel records
management.
6.2 Confidentiality
of Records. All records
maintained pursuant to this Article shall be confidential. Secure provision for records shall be
provided by the Chancellor, and an appropriate filing system shall be
established. Information contained in a cleric’s
personnel record may be disclosed by the Chancellor to the Bishop, or his
delegate, only.
APPENDIX I
For purposes of these policies only the following
definitions apply:
AI.1 “Sexual
misconduct” for purposes of this policy means any sexual conduct engaged in by
personnel of the Diocese of Norwich which is: (a) unlawful; or (b) contrary to
the moral teachings or the 1983 Code of Canon Law of the Roman Catholic Church
and causes injury to another.
AI.2 “Sexual abuse
of children” for purposes of this policy means any sexual misconduct involving,
or against, a person under the age of eighteen, by the personnel of the Diocese
of Norwich.
AI.3 “Child abuse”
as defined by state statute involves any child under the age of eighteen who
has had physical injury or injuries inflicted upon him/her by a person
responsible for his/her health, welfare, or care, or by a person given access
to the child by the responsible person, other than by accidental means, or has
injuries which are at variance with the history given of them, or is in a
condition which is the result of maltreatment such as, but not limited to,
malnutrition, sexual abuse, sexual exploitation, deprivation of necessities,
emotional maltreatment, or cruel punishment, or has been neglected.
AI.4 “Child
neglect” as defined by statute involves a child under the age of eighteen who
has been abandoned, or is being denied proper care and attention, physically,
emotionally, or morally, or is being permitted to live under conditions,
circumstances, or associations injurious to his/her well-being, or has been
abused.
AI.5 “Child at
risk” by state law refers to a case where there is reasonable cause to believe
or suspect a child is in danger of being abused, as opposed to the belief that
abuse has actually occurred.
AI.6 “Personnel”
for purposes of this policy includes all persons engaged or employed by, acting
as volunteers of, or specifically placed on ministerial assignment in, the
Diocese of Norwich and/or its parishes, schools, and agencies or other
institutions. It includes officers,
employees, clerics and lay personnel, as well as members of institutes of
consecrated life and societies of apostolic life.
AI.7 The terms
“cleric,” “laity,” and “institutes of consecrated life and societies of
apostolic life” are to be construed and understood in accord with the 1983 Code
of Canon Law.
AI.8 “Diocese”
refers to the Roman Catholic Diocese of Norwich, Connecticut. “Diocesan” means of or
pertaining to the Roman Catholic Diocese of Norwich.
AI.9 “Bishop”
refers to the Bishop of the Roman Catholic Diocese of Norwich.
AI.10 “Ordinary” is
to be understood and construed in accord with the 1983 Code of Canon Law.
AI.11 “DCF” refers
to the Connecticut Department of Children and Families.
AI.12 “Extern
clerics” are those clerics serving and ministering in the Diocese of Norwich
who are incardinated in another diocese.
AI.13 “Incardinated”
refers to that process whereby a cleric is attached to a particular church
(diocese). Every cleric is attached to either a diocese, religious institute, or society of
apostolic life. Unattached clerics are
not permitted in the Church.
AI.14 “Members of
the Roman Catholic Diocese of Norwich” are those persons incorporated into the
Roman Catholic Church by baptism or by a profession of faith, who have resided
or intend to reside within the territorial boundaries of the diocese for a
period of at least three months.
AI.15 “Major
Superior(s)” are those who govern a whole institute of
consecrated life or society of apostolic life.
A major superior is also a person who governs a province or some part
equivalent to a province, or an autonomous house, of an institute of
consecrated life or society of apostolic life.
Vicars of major superiors are also major superiors.
AI.16 “Reasonable
cause” is a belief based upon information that would lead a reasonable and
prudent person to conclude that abuse, neglect, or misconduct might have
occurred. In this regard, reasonable
cause pertains to the possibility of occurrences of abuse and not to the
credibility of allegations of abuse.
APPENDIX II
Connecticut Reporting Requirements
and the Diocese of Norwich
AII.1 It is the
policy of the Diocese of Norwich that all Catholic schools within its
jurisdiction and all diocesan personnel mandated by Section 17a-101, 17a-102,
17a-103 ff. of the Connecticut General Statutes, as amended, comply with
the reporting requirements set forth in those statutes, pertaining to child
abuse and neglect as statutorily defined and described. Those definitions are summarized in Appendix
I of this policy. The statutory
reporting requirements are in addition to the requirements set forth in the
diocese’s internal policy relating to the sexual abuse of children and sexual
misconduct generally. Under no
circumstances is information learned and/or revealed during the sacrament of
Penance to be revealed or used in making reports.
AII.2 In summary
the Connecticut General Statutes provide that the following persons are
mandated to report child abuse/neglect: physicians; surgeons; hospital interns;
hospital residents; physician
assistants; registered nurses; licensed practical nurses; medical examiners;
dentists; psychologists; school teachers; school principals; school guidance
counselors; social workers; police officers; members of the clergy; juvenile or
adult probation officers; juvenile or adult parole officers; pharmacists;
physical therapists; optometrists, chiropractors, sexual assault counselors;
podiatrists; osteopaths; substance abuse counselors; mental health
professionals; day care employees; marital/family therapists; licensed
professional counselors.
The
statutes further provide that persons, institutions, or agencies reporting in
good faith are immune from any civil or criminal liability (Cf.
Connecticut General Statute 17a-101e, subsection (b)). Those obligated to report and failing to do
so may be fined between $500 and $2500.
An oral
report is to be filed immediately (or within twelve (12) hours) with the
Commissioner of Children and Families or to his/her representatives at the
Department of Children and Families (DCF) or to the local or state police. A written report must follow within 48
hours. A copy of the form to be used is
included as an attachment. If a person
is making a report as a member of the staff of a hospital, school, social agency,
and other institution, the reporter must also notify the head of the institution
or his designee that such a report has been made. Agencies receiving such reports must transmit
them to the Department of Children and Families within 24 hours.
If a civil
investigation indicates that the allegation lacks substance but was made in
good faith, the person reporting is immune from liability. If,
however, a person has knowingly made a false report, the identity of the person
reporting will be disclosed to the appropriate law enforcement agency and to
the alleged perpetrator, pursuant to Connecticut General Statute 17a-103,
subsection (b).
If someone is in doubt about
reporting, i.e., he/she is not entirely sure that
abuse might have occurred, he/she should err on the side of reporting and make
a report to DCF.
The Department of Children and
Families central registry exists to prevent and discover the abuse of children
on a 24-hour basis. The registry may be
reached by calling CARE-LINE at 1-800-842-2288.
Phone numbers for local offices of the Department of Children and
Families are included as an attachment to this policy.
AII.3 Any reports
of child abuse or neglect, as defined by state statute and summarized herein,
which are made by diocesan personnel shall also be
reported immediately to the Bishop of Norwich or his designee.
AII.4 Attached
hereto and incorporated by reference herein is the written report form.
APPENDIX III
New York Reporting Requirements and
the Diocese of Norwich
AII.1 It is the
policy of the Diocese of Norwich that all Catholic schools within its
jurisdiction and all diocesan personnel mandated by Sections 411 ff. of
the New York Social Services Statutes, as amended, comply with the reporting
requirements set forth in those statutes, pertaining to child abuse and neglect
as statutorily defined and described.
Those definitions are summarized in Appendix I of this policy. The statutory reporting requirements are in
addition to the requirements set forth in the diocese’s internal policy
relating to the sexual abuse of children and sexual misconduct generally. Under no circumstances is
information learned and/or revealed during the sacrament of Penance to be
revealed or used in making reports.
AII.2 In summary
the New York Social Services Statutes provide that the following persons are
mandated to report child abuse/neglect: physicians; surgeons; hospital interns;
hospital residents; registered physician
assistants; registered nurses; licensed practical nurses; emergency medical
technicians; hospital personnel engaged in the admissions, examination, care or
treatment of persons; Christian Science practitioners; medical examiners;
coroners; dentists; dental hygienists; psychologists; school teachers; school
principals; school guidance counselors; school officials; social workers;
social services workers; police officers; juvenile or adult probation officers;
juvenile or adult parole officers; pharmacists; physical therapists;
optometrists, chiropractors, sexual assault counselors; podiatrists;
osteopaths; substance abuse counselors; alcoholism counselors; peace officers;
mental health professionals; day care employees; marital/family therapists;
providers of family or group family day care; district attorneys; staff working
in district attorney’s offices; licensed professional counselors.
The
statutes further provide that persons, institutions, or agencies reporting in
good faith are immune from any civil or criminal liability (Cf. New York
Social Services Statutes § 419). Those
obligated to report and “willfully fail to do so shall be found guilty of a
Class A misdemeanor” and/or “who knowingly or willfully fail to do so shall be
civilly liable for the damages proximately caused by such failure.”
An oral
report is to be filed immediately with the Statewide Central Registry of Child
Abuse and Maltreatment and/or to the local or state police. A written report to the local Child
Protection Services must follow within 48 hours. A copy of the form to be used can be obtained
from the local office of Child Protective Services in Suffolk County. If a person is making a report as a member of
the staff of a hospital, school, social agency, and other institution, the reporter
must also notify the head of the institution or his designee that such a report
has been made.
If a civil
investigation indicates that the allegation lacks substance but was made in
good faith, the person reporting is immune from liability.
If someone
is in doubt about reporting, i.e., he/she is not entirely sure that abuse might
have occurred, he/she should err on the side of reporting and make a report to
the Central registry or to Child Protective Services.
The Central Registry of Child Abuse
and Maltreatment exists to prevent and discover the abuse of children. The registry may be reached by calling at
1-800-635-1522 (mandated reporters) or 1-800-342-3720.
AII.3 Any reports
of child abuse or neglect, as defined by state statute and summarized herein,
which are made by diocesan personnel shall also be
reported immediately to the Bishop of Norwich or his designee.
{Date}
Dear Bishop {name of Bishop of Norwich}:
Under
Guidelines proposed by the National Conference of Catholic Bishops, Conference
of Major Superiors of Men, Leadership Conference of Women religious, and
Council of Major Superiors of Women Religious, and the Policies of the Diocese
of Norwich, I have been requested to review the suitability of {name}, a member
{or cleric} of {institute of consecrated life/society of apostolic
life/diocese}, for assignment as {position} in the Diocese of Norwich.
The reason
the {name} is being proposed for this assignment is {give reasons}/ For this ministry,
{name} possess the following special talents or experiences: {please
describe}. I expect that {he/she} will
serve for {state period of time} in the Diocese of Norwich.
You should
also know that I have carefully review our personnel files and all other
records which we maintain, and I have consulted with those who serve with
{him/her} in the works {he/she} has been assigned under our authority. Based upon these inquiries, and upon my own
personal knowledge, I am able to assure you that {name} is a person of good
moral character and reputation, and is fully qualified
to serve in an effective and suitable manner in the Diocese of Norwich. In addition, also based upon inquiry and personal
knowledge, I assure you that nothing in {his/her} background in any way should
limit or disqualify {him/her} from this assignment.
I hereby
grant {him/her} permission to seek to exercise the proposed assignment.
You will
find enclosed a curriculum vitae, including: name;
date of birth; place and date of {profession of vows/ordination}; place (s) and
date(s) of formation/seminary studies; and previous assignments.
Sincerely,
(Signature)
(Title)
Important Phone Numbers for Responding to Sexual Misconduct
Phone numbers for reporting child abuse, child sexual abuse,
and/or child neglect:
In
Connecticut:
Department
of Children and Families Hotline: 1-800-842-2288
Regional
offices of DCF: Norwich - (860)
886-2641
Willimantic
- (860) 450-2000
Middletown
- (860) 638-2100
In New York:
Central Registry of Child Abuse and Maltreatment:
1-800-635-1522 (mandated reporters)
1-800-342-3720
The
local police
Phone number for reporting
child sexual abuse or other instances of sexual misconduct by diocesan
personnel in the
Diocese of Norwich, call the following number:
Diocesan
Reporting Line: 1-800-624-7407 or
(860) 889-4455
To contact the Assistance Coordinator
of the Diocese of Norwich, Call the Diocesan reporting line at:
1-800-624-7407
or
(860) 889-4455