ROMAN CATHOLIC DIOCESE OF
WHEN AN ALLEGATION OF SEXUAL MISCONDUCT IS BROUGHT TO THE ATTENTION OF
THE BISHOP
1) If the
Allegation Creates a Reasonable Suspicion
Any
allegation of sexual misconduct, which creates reasonable suspicion of its
veracity, will be investigated immediately in harmony with canon law. If the
preliminary investigation leads to a belief that there may be probable cause
for an allegation against a member of the clergy, the Congregation of the
Doctrine of the Faith shall be notified.
The Bishop may place the accused on immediate administrative leave while
the investigation continues, if the Bishop deems this is necessary for the good
of the faithful. In every instance, the Diocese will advise victims of their
right to make a report to public authorities and will support this right. Any
credible allegations of sexual misconduct with a minor will result in immediate
administrative leave. Any allegation of sexual misconduct with a minor will be
reported to Children’s
Protective Service or law enforcement agency. This does not imply
guilt, but is necessary for the good of God’s people. All appropriate steps
shall be taken to protect the reputation of the cleric during the
investigation. The Diocese will also be aware of the needs of the accused
cleric in order to see that he receives the personal support he needs during a
very difficult time. The Diocese will urge the cleric to contact a criminal
attorney and canonical counsel. The cost of legal assistance will be borne by
the cleric. The cleric may be asked to have a medical and psychological
evaluation, which again does not imply guilt, so long as this does not
interfere with the investigation by civil authorities, but is for the good of
the cleric as well as for the good of God’s people, even if he may be accused
unjustly.
2) Pastoral
Outreach to the Alleged Victim and Family and Community
The
Diocese will immediately contact any known alleged victim or appropriate family
members in the case of minors, and offer pastoral assistance and appropriate
counseling. This outreach will include provision of counseling, spiritual
assistance, support groups, and other social services agreed upon by the victim
and the Diocese. The Diocese will not enter into confidentiality agreements
except for grave and substantial reasons brought forward by the victim/survivor
and noted in the text of the agreement. The Diocese will establish “safe
environment” programs in cooperation with parents, civil authorities,
educators, and community organizations to provide education and training for
children, youth, parents, ministers, educators, and others about ways to make
and maintain a safe environment for children.
3) If Guilt is Determined Regarding
Current or Recent Sexual Abuse of a Minor
Where
sexual abuse by a cleric is admitted or is established after an appropriate
investigation in accord with canon law, the following will pertain:
a.
Diocesan policy provides that for even a single act of
sexual abuse of a minor – past or present – the offending cleric will be
permanently removed from ministry not excluding dismissal from the clerical
state, if the case so warrants. An offending cleric will be offered
professional assistance for his own healing and well-being, as well as for the
purpose of prevention.
b.
In every case
involving canonical penalties, the processes provided for in canon law must be
observed, and the various provisions of canon law must be considered. (Details
available upon request)
4) If an Allegation is Made Against a Cleric Belonging to a Religious Community
When
an allegation is made against a cleric belonging to a religious community, the
Bishop or Vicar General will notify the religious community of the allegation
immediately. The religious community will be asked to handle the complaint according
to its policy and procedures. However, the Diocese of Fresno does not delegate
its responsibility to report allegations brought to its attention, and will
work with the religious community to assure the safety of God’s people. If the
allegation involves a minor, this allegation will be reported to Children’s
Protective Service or law enforcement agency and if the accusation is credible,
he will be removed from ministry in the Diocese.
5) If the Allegation is Unsupported but
it is Determined Preventative Measures could have Avoided the Accusation
If
the complaint is judged to be unsupported but it is determined that reasonable
precautions could have been taken to avoid any appearance of inappropriate
behavior and prevent an allegation of misconduct, the Bishop may provide
instruction and counseling for the cleric. The Diocese reserves the right to
take all prudent measures to follow up on the matter and to monitor the
behavior of the person in question, so that there is no cause for further complaints.
6) When an Allegation has Proved to be Unfounded
If
the allegation has proved to be unfounded, every step possible will be taken to
restore the good name of the cleric.
A Copy of the Diocese of