DIOCESE OF ANTIGONISH
GUIDELINES FOR RESPONDING TO COMPLAINTS OF SEXUAL MISCONDUCT
Revised July 2002
INTRODUCTION:
The Diocese of Antigonish has established a policy regarding complaints of sexual misconduct made against clergy or
anyone employed by the Diocese. A Diocesan Professional Standards Advisory Committee has been named.
It is the purpose of this policy to ensure that the concerns of all individuals and groups affected by allegations of misconduct are dealt with properly and fairly. This is to be done in a manner consistent with the exercise of compassion and understanding for those involved and of responsibility for establishing the truth while maintaining the
principle of innocence until proven guilty. These guidelines serve to focus Diocesan concern for victims and their families. They also address the task of healing the parish or Diocesan communities affected.
The procedure will consist of an Inquiry Phase and a Response Phase. These will involve the person making the accusation, the person accused and the other parties affected.
I - INQUIRY PHASE
When a complaint is received or a criminal charge is made, the Bishop's delegate (or deputy delegate), within twenty-four hours or as soon thereafter as possible, will initiate an immediate inquiry. Concomitantly, he will brief the diocesan spokesperson. The inquiry will be conducted discreetly and with regard for the spiritual good of those affected. The delegate (deputy delegate) carrying out the inquiry will:
a) complete a fact-finding study concerning the complaint, and
b) assess whether there exists reasonable grounds to believe that the security and well-being of a complainant has been endangered.
The delegate (deputy delegate) conducting the inquiry will meet with the other members of the Committee to determine what action, if any, is indicated. In certain circumstances this inquiry should be delegated to someone other than the Bishop's delegate (deputy delegate) or an Advisory Committee member (e.g., due to particular expertise or for geographical reasons). A written record of the committee's actions will be maintained by the current chair.
THE INQUIRY AND THE COMPLAINANT
(I) An offer of support and care will be made to the victim. This support and care will also be offered to the parents and family of the victim on a without-prejudice basis.
(II) The person carrying out the inquiry will become familiar with the circumstances of the situation and what the basis of the accusation is.
(III) Immediate assurances will be given that the Diocese is taking the matter seriously, that the Diocese is attempting to correct matters, if necessary, and is responding quickly.
THE INQUIRY AND THE ACCUSED PERSON:
(I) Upon receiving a complaint, the Bishop or the Advisory Committee will immediately ensure that the other is informed that such a complaint has been made. It is clearly understood that such a complaint must, in the judgment of the Bishop and the Advisory Committee, be based upon reasonable grounds to believe that wrong-doing has occurred.
(II) The Bishop or his designate will inform the individual that such a complaint has been made against the individual.
(III) If the inquiry indicates that there are reasonable grounds to believe that the security and development of a complainant has been endangered, the Committee will inform the Bishop of this finding.
(IV) The Bishop will provide the individual with a list of lawyers and a copy of the Charter of Rights.
(V) The Bishop will advise the individual of the availability of the Committee and the Bishop will inform the Committee within 48 hours of the outcome of this meeting.
(VI) The individual will have the opportunity to address the Committee and discuss the matter. The individual may meet the Committee with his/her lawyer present if he/she chooses to do so.
THE INQUIRY AND OTHER PARTIES
(I) The Bishop's delegate/deputy delegate will report, as required, to the. designated agent for Child Protection Services according to the Children's Services Act, 1976, Section 78 as amended.
(II) A liaison may be established with the Parish Pastoral Council of the parish affected to better respond to the needs of the parish.
(III) The Committee will hear others with pertinent information,
Depending upon the Committee's assessment of the situation and its recommendations, various steps may be indicated.
(I) The Diocesan attorney and the Bishop are fully informed of the findings of the Committee.
(II) The Bishop, the Diocesan attorney, the accused and his lawyer may meet.
(III) The obligation to report to civil authorities will be fulfilled.
(IV)Should an individual be formally charged with an offense then that person is to be placed on a leave of absence.
(V) Canonical penalties may be applied (e.g., removal of faculties).
(VI) Steps may be taken to protect the innocence and good name of a person unjustly accused.
(VII) The Bishop may visit the parish of the family involved for pastoral purposes.
(VIII) A public statement concerning the allegations and subsequent Diocesan response should be prepared as required (delivered by spokesperson).
(IX) A canonical process may be initiated to deal with the complaint through a Canonical Trial.
(X) The Committee shall recommend other steps to be taken subsequently by the Bishop and oversee other necessary actions related to:(a) ongoing care for the victim and the family;
(b) the therapeutic, pastoral and canonical status of the accused;
(c) the status of any criminal charges or civil actions;
(d) the pastoral care of other parishioners affected;
(e) public communication; and
(f) providing information to other clergy if this would be helpful for reasons of morale, to guard reputations, etc.
(XI) The Committee shall make a statement to the Clergy Personnel Committee regarding the future appointment of any clergy involved. This is to ensure there is no risk to other individuals or to the common good in the future.
APPENDIX "A"
Future of Clergy involved in incidents of Sexual Misconduct:
PREAMBLE: It is the expressed intention of the Bishop of Antigonish that the protection of young people in the Diocese shall be the first priority in any assessment of whether or not a clergyman shall be entitled to remain active in that role with the Catholic Church in the Diocese of Antigonish. Each case shall be considered on an ad hoc basis.
A. Where an individual is deemed an unacceptable and/or ongoing risk to the conunon good of the Church and the well-being and security of others, that individual will be excluded from active assignment in the Diocese.
The Professional Standards Committee will then make a recommendation regarding the individual's future status to the Diocesan Personnel Committee, according to the circumstances of the case.
B. An individual may be considered for a return to ministry subject to the following conditions:1. Participation in a recognized treatment program.
2. Upon completion of the program, enter into a written contract regarding a follow-up treatment program. A Committee member will participate in preparing this contract, which will include consent to full and continuous disclosure of all required information to the Committee.
3. Where alcohol or drug dependency is a factor, the individual will be required, as a minimum expectation, to attend AA or some similar program.
4. The Bishop or his delegate will monitor the follow-up treatment program and may make further recommendations in consultation with treatment officials and the individual under treatment.
5. Representatives of the parish concerned will be advised of the pertinent circumstances and must be in agreement regarding the appointment.
6. The Committee will consider all information relevant to the case and may impose particular conditions as necessary before making a final recommendation to the Diocesan Personnel Committee.
Cf. CCCB Ad Hoe Committee Report Recommendations # 20 and # 23
APPENDIX "B"
Legal Expenses:
A. The Diocese may pay the legal expenses of the respondent incurred in respect of an allegation, up to and including the completion of the trial level, provided that:
1. Such legal expenses are reasonable in the opinion of the Diocese and the Diocesan lawyer.
2. The Diocese and the Diocesan lawyer were advised of the appointment of counsel prior to retainer and do not object.
3. The Diocese and the Diocesan lawyer were advised of the appointment of other experts prior to retainer and do not object.
4. The Ordinary of the Diocese may, upon reasonable notice provided in writing to the respondent, terminate the obligation of the Diocese to pay under this paragraph from and after the date fixed in the notice.
5. The respondent accepts payment of legal services on condition that the respondent enter into a contract with the Diocese governing the terms of payment for legal services, such conditions to include a clause to the effect that in the event of a conviction, the respondent when he has ascertainable assets shall be required to repay to the Diocese all or any portion of legal expenses paid by the Diocese according to the respondent's ability to pay.
The Diocese is not responsible for the appeal costs and disbursements on appeal.
CE CCCB Ad Hoc Committee Report Recommendation # 41
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APPENDIX "C"
Financial:
! A. Where an individual has been charged but not convicted (e.g. on leave of absence) he is to receive salary, pension, but not receive car allowance. Room and board may be arranged by mutual consent and agreement with the Diocese.
! B. Upon conviction of a sexually related offense, pension and insurance premiums will continue. Salary and car allowance will not be provided.
! C. Upon completion of sentence and including probation and parole periods, an individual may be paid a living allowance as deemed appropriate depending on the individual circumstances, to be determined on an ad hoc basis.
Cc Canons 281, 1350