POLICY OF THE DIOCESE OF SCRANTON
CONCERNING CLERICS ACCUSED OF SEXUAL ABUSE OF MINORS

March 1, 2003
(Original, March, 1993 Revised, March, 2003) 

I

Introduction

            Sexual abuse of a minor by a cleric is a serious violation of the moral law, a crime according to canon law of the Catholic Church,[1] and a crime according to the civil laws of our country.

            The revised Policy of the Diocese of Scranton for responding to allegations of this crime is derived from three documents of the United States Conference of Catholic Bishops:  

Charter for the Protection of Children and Young People

Essential Norms for Diocesan/Eparchial Policies Dealing

with Allegations of Sexual Abuse of Minors by Priests or Deacons

Canonical Delicts Involving Sexual Misconduct

and Dismissal from the Clerical State. 

            After the concern for the appropriate and effective care of victims of clerical sexual abuse, the overriding objective of this policy of the Diocese of Scranton is the implementation of Norm 8 of the above Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons,  “When even a single act of sexual abuse [of a minor] by a priest or deacon is admitted or is established after an appropriate process in accord with canon law, the offending priest or deacon will be removed permanently from ecclesiastical ministry, not excluding dismissal from the clerical state, if the case so warrants.” 

            In all its details this Policy of the Diocese of Scranton applies only to priests and deacons.  The Diocese of Scranton, however, is committed to deal also with cases of sexual abuse by other Church personnel, e.g., employees, volunteers or seminarians, through the use of applicable parts of this Policy, including but not restricted to dismissal and reporting to public authorities.

II

Agents of the Diocese of Scranton

Involved in the Fulfillment of this Policy 

A.  The Most Reverend Bishop of the Diocese of Scranton.  No matter by whom received, Chancellor, Vicar for Priests, Victim Assistance Coordinator, Pastors, School Principals, etc., every allegation of a cleric’s sexual abuse of a minor must be reported to the Bishop as soon as humanly possible.

B.  Victim Assistance Coordinator.  The role of this person is to provide, directly and through others, for the immediate pastoral care of persons who claim to have been sexually abused when they were minors by a priest or deacon.  It is also the task of the Coordinator to make known to those who have suffered such abuse that the Diocese of Scranton stands ready to assist them.

C.  Diocesan Review Board.  This Board is established by the Diocesan Bishop.  There must be at least five members and they must be of outstanding integrity, good judgment and in full communion with the Church.  The majority must be lay persons who are not employed by the Diocese.  One member should be a pastor.  One member should have expert knowledge regarding the treatment of the sexual abuse of minors.  Appointments to this Board are for a five-year term which may be renewed.

The Board serves as a confidential and consultative body of advisors to the Bishop.  In addition to other tasks the Bishop might ask the Board to assume, it advises the Bishop regarding assessment of allegations and a determination of suitability of one for ministry.  It periodically reviews the Diocesan Sexual Abuse Policy and also advises the Bishop on all aspects of cases retrospectively and prospectively.

Though the Board acts confidentially, its meetings, which are both periodically scheduled and at the call of the Bishop, will also be attended by the Victim Assistance Coordinator and by others designated by the Bishop.

D.  Complaint Investigators.  For a preliminary investigation of a complaint by an alleged victim, the Bishop will appoint on an ad hoc basis a qualified person or qualified persons whose task will be to discover in a discreet and sensitive manner the nature and basis of the complaint and report the findings to the Bishop

E.  Tribunals.  These are bodies established to carry out canonical trials of accused priests or deacons in cases where such a trial is necessary for the imposition of a canonical penalty.

III

Procedures to be Followed

Upon Receiving a Complaint 

            Every complaint received by the Bishop of the Diocese will be pursued.

            A.  If upon inquiry by the Bishop, the cleric accused of sexual abuse of a minor admits guilt, the Bishop will either personally or through a delegate:

1.      notify the appropriate public authorities;

2.      notify the Victim Assistance Coordinator;

3.      urge the offender to accept responsibility and to cooperate with the Diocese in obtaining appropriate medical and psychological evaluation and treatment;

4.      in accord with all canonical requirements, either institute procedures for dismissal from the clerical state or institute a process of laicization;

5.      if because of advanced age or infirmity, dismissal or laicization does not occur, direct the offender to lead a life of prayer and penance, not to celebrate Mass publicly, not to administer the sacraments, not to wear clerical garb and not to present himself publicly as a priest;

6.      within the confines of respect for the privacy and reputations of the victim and all involved, notify the members of the community directly affected of the action taken and the reason for it.

B.  If upon inquiry by the Bishop, the cleric accused of sexual abuse of a minor denies guilt, the Bishop, after consultation with the Diocesan Review Board, if warranted, will either personally or through a delegate:

1.      notify the appropriate public authorities;

2.      notify the Victim Assistance Coordinator;

3.      encourage the accused to seek civil and canonical counsel, providing the latter if necessary;

4.      appoint Complaint Investigators or an Investigator to carry out a preliminary investigation in order to assess the basis of the complaint.  This investigation should occur without delay with due regard for the rights, reputation and privacy of the alleged victim and the accused.[2] All findings are to be reported promptly to the Bishop.  The decision to commence a canonical process is to be made by the Bishop after consultation with the Diocesan Review Board, if warranted.

In the event that the preliminary investigation does not find sufficient evidence that sexual abuse of a minor has occurred, care for the complainant by the Victim Assistance Coordinator will continue.

C.  If the preliminary investigation does find sufficient evidence that sexual abuse of a minor may have occurred, notwithstanding the cleric’s denial, the Bishop shall:

1.      notify the Congregation for the Doctrine of the Faith in Rome and seek its direction relative to pursuing a canonical process;

2.      as a precautionary measure, temporarily withdraw the accused cleric from the sacred ministry and from any ecclesiastical office or function; impose or prohibit residence in a given place or territory and prohibit the public celebration of the Most Holy Eucharist, pending the outcome of the process;

3.      urge the alleged offender voluntarily to cooperate with the Diocese in obtaining appropriate medical and psychological evaluation and treatment;

4.      within the confines of respect for the privacy and reputations of the victim and all involved, notify the members of the community directly affected of the action taken and the reason for it;

5.      once the canonical process is completed, implement the canonical penalty which the Tribunal findings indicate or, if the process so determines, return the accused to sacred ministry, even to the office or offices from which he was withdrawn, using every means available to repair any damage done to his reputation. (It should be noted, however, that even when a canonical process results in an acquittal, the Bishop may restrict the cleric’s faculties or limit his exercise of ministry.[3]) 

IV

Conclusion 

Both through the implementation of this Policy and through a concurrent, continuing and wide-ranging educational effort, the Diocese of Scranton is intent on responding pastorally to victims of sexual abuse, treating justly those accused and preventing the occurrence of this crime in the future.