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Cardinal
Mahony's recent Pastoral Statement, I Will Appoint Over
You Shepherds After My Own Heart, presented the ongoing
efforts of the Archdiocese to make our parishes and schools
safe from the tragedy of sexual abuse. As the Cardinal said,
"We have striven, and will continue to strive, that such reprehensible
conduct, which is seriously sinful and totally in contradiction
to Jesus' example and call, be prevented whenever possible
and dealt with promptly and responsibly whenever it emerges."
The purpose of this piece is to outline the steps taken
in the Archdiocese of Los Angeles to address allegations of
abuse if they arise, with a special focus on the policy and
process in place if clergy are involved.
Sexual abuse
Sadly, the abuse of minors is a tragic reality of our times.
Though experts in the field agree that it most frequently
occurs in families, it attracts greatest public attention
when someone in a position of trust is the perpetrator. Teachers,
coaches, therapists and others who violate a special relationship
with someone in their care attract the greatest public attention
and outrage. This is especially true when clergy are involved
in abuse.
Whether the perpetrator is an uncle baby-sitting nephews
and nieces, a coach with his athletes, or a priest or deacon
in pastoral counseling with a troubled young person, it is
abuse. Sexual abuse of adults can be more difficult to recognize.
We presume that adults act consensually. The key in recognizing
abuse involving adults is the position of trust or power that
the perpetrator uses to manipulate a victim.
No
matter where it happens or who does it, abuse involves the
manipulation of a vulnerable human being. The perpetrator's
position of authority or trust acts to severely inhibit or
to suspend the abused person's effort to say, "No."
"When adults are involved, sexual abuse by clergy occurs
when a priest or deacon takes sexual advantage of another
person, when he intentionally engages in sexual contact or
touching in the context of providing pastoral care, or when
he is guilty of sexual harassment, such as unwanted sexual
advances or suggestions. Any sexual misconduct on the part
of a priest or deacon involving a minor constitutes sexual
abuse" (Archdiocesan Policy on Sexual Abuse by Clergy,
1988). Abuse always involves taking advantage of a vulnerable
person, using one's position, authority or trust to victimize
another.
As the Cardinal outlined in his Pastoral Statement, this
reality has led to thorough screening of candidates preparing
for ordination in the Archdiocese. A priest who comes to the
Archdiocese from another diocese or a religious order must
have the pledge of his superior that there is no reason he
cannot work with minors.
What happens when abuse is reported?
First and most important to remember, most people who hold
positions of trust in Catholic institutions are mandated by
California state law to report child abuse. Teachers, teacher's
aides and counselors in our schools, therapists and social
workers in our counseling agencies, nurses and doctors in
hospitals, and clergy in parishes or other ministries all
have the obligation to report the reasonable suspicion of
child abuse to the local police or to child protective services.
When any of these people know of or have reasonable suspicion
of abuse, they report it to the appropriate police or protective
agency. This is true for those ministering in facilities owned
and operated by the Archdiocese, as well as Catholic institutions
owned and operated privately by religious communities. The
only exception to the obligation to report is the most sacred
communications between priest and penitent.
As the Bishops of California said in their document For
the Protection of Children (1998), "We believe that our
first principle in protecting children is reporting their
abuse to proper authorities."
If the suspected perpetrator of abuse is an employee, religious
or clergyman in an Archdiocesan institution, we ask that the
person who first hears the complaint would also report the
suspected abuse to the appropriate supervisory office in the
Archdiocese. For example, an allegation against a teacher
in a school would be reported to the principal and to the
Department of Catholic Schools. If a nurse in a hospital would
be accused, the hospital administration would follow the appropriate
personnel policies of the hospital.
Complaints against clergy are reported to the Office of
Assistance Ministry. The Office of Assistance Ministry has
been established recently by the Archbishop to facilitate
and coordinate the pastoral response to victims in cases of
abuse. A layperson with professional certification in psychology
and experience in casework carries out this ministry. However,
consulting psychologists assisting the Vicar for Clergy Office
previously provided this same service.
If a complaint involves a priest who is a member of a religious
order, the assistance minister will help establish contact
with the appropriate religious superior who will investigate
the claim and take appropriate action. Before a religious
priest would be able to return to ministry in the Archdiocese
of Los Angeles, the Vicar for Clergy must know the results
of the investigation and the action taken by the religious
community. The Archdiocese then makes its own assessment as
to whether or not a return to ministry here will be allowed.
If the alleged misconduct involves minors, the religious
superior would have to remove the priest from his ministry
in the archdiocese pending the outcome of the investigations.
A priest from a religious order or another diocese who has
been determined to have abused minors will not be accepted
for ministry in the Archdiocese.
Anonymous complaints?
The Archdiocese cannot act on anonymous complaints of misconduct
involving adults. Adults have the responsibility to stand
behind allegations of misconduct.
However, for the safety of children, anonymous complaints
involving minors are investigated. Anonymous complaints of
abuse of minors by Archdiocesan clergy or employees can be
made in writing, or by telephone to the Archdiocesan sexual
abuse hotline. Yet, it must be understood right from the start
that anonymous complaints are most often very difficult to
verify. It is not possible to take corrective action when
misconduct cannot be demonstrated. In case of an anonymous
complaint, it is also not possible to offer appropriate help
to someone harmed by abuse.
Next steps
Complaints of sexual misconduct are taken seriously. If
at all possible, they are heard in person but written complaints
are also received, acknowledged and investigated. A person
delegated by the Archbishop to look into the matter works
with the assistance minister to hear the complaint. From the
start, the focus of the Archdiocese is on reaching out to
the person who feels victimized by a clergyman. As is only
fair, the clergyman is also given a full hearing. Corroborating
information to establish the truth of the situation is sought
out whenever possible.
In a situation involving minors, the clergyman must leave
pastoral ministry pending the outcome of the investigations.
If a priest or deacon is determined to have abused a minor,
he will not be returned to ministry.
In cases involving adults, when it is ascertained that the
complaint is valid and that abuse did indeed take place, the
priest is removed from his assignment in order to be offered
appropriate assessment and treatment. In situations involving
adults, each case must be evaluated on an individual basis
as to whether or not a priest or deacon may eventually return
to some sort of ministry after appropriate treatment.
In either situation, the assistance minister also takes
action to facilitate appropriate help and therapy for the
victim on behalf of the Archdiocese.
If a priest must be removed from his parish, assistance
is also offered to the parish staff to help in working through
the trauma of having a fellow staff member removed, as well
as offering training so that they will be better equipped
to support and minister to parishioners.
Inform the people
When a priest is removed from a parish, the parishioners
receive an explanation from an appropriate representative
of the Archdiocese. Through an announcement, parishioners
receive accurate information provided in a timely fashion
about what has happened in a particular case of alleged sexual
misconduct. This announcement is most often given at Sunday
Mass. While trying to respect the good name, privacy and civil
rights of all involved, the announcement outlines why the
priest is not ministering with his people, as well as the
help and support that will be offered to parishioners.
Though a painful experience for a parish family, the overwhelming
response to these announcements has been positive, recognizing
that the Church is being honest with her people. However,
it must be acknowledged that some people have expressed that
such announcements should not take place. Nevertheless, the
Archdiocese believes that accurate, respectful information
prevents rumors and helps a parish community to move toward
healing. Such announcements also open the door for any other
victims to come forward and ask for help. The Archdiocese
seeks to provide assistance or support to those involved,
working toward healing the wounds caused by a tragic violation
of trust.
Pastoral ministry to all God's people
In
his ministry to the people of God, the Archbishop is called
to be a shepherd to all his people and clergy. In situations
involving accusations of sexual abuse by a priest or deacon,
he must strive to be the shepherd of all parties. He is called
by the Gospel to seek the good of all, providing a fair hearing
and pastoral help to all involved. He is also called to strive
to make parishes and schools safe. No human endeavor is perfect,
but the policies and procedures of the Archdiocese to address
cases of abuse have been developed, and will continue to be
reviewed and improved, as a concrete attempt to respond to
the call of the Good Shepherd in the life of the Church.
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