BISHOP’S LETTER

       May 2003  

        My dear Sisters and Brothers,  

            This policy and procedural manual is issued at a critical time in the history of our Church and Diocese, rocked as we have been by the scandal of clergy sexual abuse and misconduct, and how such misconduct has been handled by Church authorities like myself.  

I assure you that we have learned from the mistakes of the past and are committed to doing everything possible to make the protection of children and young people, healing for victims and their families, and the removal from ministry of any clergy or Church personnel who have abused their position of sacred trust an urgent priority for our Diocese.  This revised policy and protocol, which is in accord with the Charter and Norms adopted by the United States Conference of Catholic Bishops and approved by the Vatican , is designed to ensure a safe environment for our young people and to offer a clear process for addressing allegations of the sexual abuse of minors.  

            St. Paul tells us that when one member of the Body suffers, all suffer.  I have witnessed firsthand the hurt, pain and long-term trauma that sexual abuse can cause, which is exacerbated when perpetrated by a trusted authority figure.  To those who have been victimized and to their families, I extend my sincere apology.  Also, I am aware of the anger, pain and loss of confidence the scandal has created in the minds and hearts of many people.  For this, too, I apologize and hope that the enclosed policy and its implementation will be a step toward healing and the restoration of credibility.  

 I am grateful to all those who have helped in developing this revised policy, and to those who will be doing the ongoing training and monitoring to ensure that the commitment contained herein is fulfilled.  

In promulgating this revised policy, I pray that it will serve as a step toward healing and the restoration of trust, and most especially, toward the protection of our children and young people.

            With every best wish, I am

                                                                              Sincerely yours in Christ,

                                                                              Howard J. Hubbard

                                                                              Bishop of Albany

 I.      INTRODUCTION  

On June 14, 2002, the United States Conference of Catholic Bishops approved the Charter for the Protection of Children and Young People and Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests, Deacons, or Other Church Personnel. Both documents were revised and approved on November 13, 2002 . These Norms received the recognition of the Apostolic See on December 8, 2002 , and were promulgated by the United States Conference of Catholic Bishops on December 12, 2002, and constitute particular law for all the dioceses/ eparchies of the United States, effective March 1, 2003 .  

The Diocese of Albany has had a written policy for addressing issues of sexual abuse of minors in place since 1993. This policy was updated in May 2002. With the issuance of the Revised Charter and the Essential Norms, the Diocese of Albany is again updating its policy by which these matters will be addressed in order to better serve the needs of minors and others who may have been victims of sexual misconduct by clergy, religious or other Church personnel. Sexual abuse[1] of a minor in this policy is defined as it is stated in the Charter.  

The Diocese has revised this policy because it recognizes the pain, anger and confusion that have been caused to victims of sexual abuse and misconduct by some priests and other Church personnel.  At the same time, the Bishop and the Church in Albany wish to restate, in union with the Bishops of the United States, their determination to “provide safety and protection for children and young people in our Church ministries and institutions” (Charter Preamble). Through this policy, we seek to attain these goals:

A.     To acknowledge to victims that misconduct has occurred;

B.   To repair the hurt and heal the wounds of pain inflicted upon victims of sexual abuse;

C.  To assist in the process of healing and reconciliation for any victims, and to provide 
      such care as

                             we can to assist the victim and to ensure that a perpetrator does not act 
      again in this manner;

D.  To define the actions to be taken when a complaint of sexual abuse of a minor is
      received and ensure a prompt response to each complaint;

 

E.  To ensure that justice is carried out for all parties, including the accused;

F.   To assist the parish communities as they grieve the loss of a priest, deacon, member of a

      religious community or other Church personnel that arises from such an allegation;

G.  To provide through diocesan structures (departments and agencies) a program 
      of   broad-based  education in order that clergy, administrators, staff and volunteers 
      of the Diocese or its parishes, institutions and entities are acquainted with the policy 
      and its requirements;

 

H.  To educate through the diocesan structures our clergy, administrators, staff volunteers and

      parents about prevention of sexual abuse of minors and young children so that they, in 
      turn,  may educate parents whose children come under their care; and

I.    To educate through the diocesan structures our children and young people about ways 
     to protect themselves from becoming victims of sexual abuse.  

 

 

 

---

 II.      POLICY STATEMENT

Sexual abuse of a minor by a cleric[2] violates human dignity, ministerial commitment and the mission of the Church; therefore, the Diocese establishes these policies and procedures to:

A.    Receive and respond to complaints of sexual abuse by a cleric;

B.    Review the fitness for ministry of any cleric accused of sexual abuse; [3] and

C.   Specify the preventive measures that will be followed in all diocesan offices, schools, parishes  and institutions.  

The policies and procedures will involve the people of the Church in a substantive role. The primary purpose of these policies and procedures is to ensure the safety of children and young people, and to preserve the integrity of the Church.  The policies and procedures will be fair and responsive to the pastoral needs of the victim, the victim’s family, the cleric and the community.  The policies and procedures will facilitate cooperation and avoid interference with civil authorities responsible for investigating allegations of sexual abuse. The Diocese will continue to make its policies and procedures related to sexual abuse and misconduct available in published form, and the subject of periodic public announcements so that those affected can readily receive the assistance which the policies provide. (Cf. USCCB Revised Charter, art.2)    

---

[2] Canon law defines a “cleric” as a priest, deacon or bishop. 

[3]  See Appendix G for Policy regarding Sexual Misconduct by Clergy Involving Adults

---

 III.   THE PASTORAL RESPONSE [4]

The policy and procedure described in this document do not represent an adjudicative or adversarial process, but a pastoral process. Further, this process is not intended to be, nor is it, a substitute for the civil legal process.  As such, complainants will be informed of their rights to report their allegations to appropriate law enforcement authorities and to pursue civil remedies. In any event, as further defined in this policy, the Diocese itself will make reports to law enforcement agencies pursuant to civil law. While complainants are free to seek legal representation, such representation is not required to bring a complaint of clergy sexual abuse to the Diocese under this policy.  

---

 IV.    ASSISTANCE TO VICTIMS

We recognize our pastoral responsibilities to assist all those affected by sexual abuse of clerics with minors.  The Diocese will make appropriate assistance available to those who may have been affected by the alleged sexual abuse of a cleric with a minor.  

Actions taken by the Diocese when an allegation is made are not an expression of judgment concerning the validity or veracity of the complaint. The initial actions are intended to provide immediate pastoral care to the complainant. They indicate the serious nature of such cases and are intended to respect the rights of all concerned.  

The Diocese will designate a Assistance Coordinator who will be a mandated reporter. The Coordinator will receive complaints, and aid in the immediate pastoral care of the complainants and their families. The Coordinator will receive such complaints in writing. If necessary, the complainant will be assisted in reducing the complaint to writing.  In all cases, the complaint will be signed by the complainant and the signature witnessed.  The Coordinator will keep the complainant informed of the progress of the review and disposition of the complaint.  The Coordinator will work with each individual to determine the assistance that is necessary and appropriate. This may include counseling, spiritual assistance and referrals to support groups. A meeting with the Bishop or his designee can be an important step for some in healing from clergy sexual abuse.  If such a meeting is desired, a request should be made to the Assistance Coordinator, and if it is appropriate, a meeting with the Bishop or his designee can be arranged (See Guidelines for meeting with the Bishop or his Designee, appended to this policy).  The Coordinator will attempt to work closely with all victims to monitor their changing needs over time.  

_______________________

[4] Outreach on the part of the Diocese to promote healing and reconciliation with victims/survivors of clergy sexual abuse and misconduct.

---

If referrals for therapy are requested, a list of licensed therapists will be provided. No referrals will be made by the Coordinator to therapists employed by the Diocese, unless specifically requested by the complainant. If the Sexual Misconduct Review Board recommends that there are reasonable grounds to believe that the alleged sexual abuse has occurred, additional therapy may be provided if clinically indicated.

---

 V.      SEXUAL MISCONDUCT REVIEW BOARD

A.                 Appointment:  The Bishop will establish a Sexual Misconduct Review Board. This Board will function as a confidential consultative body to the Bishop in discharging his responsibilities under this policy. The Board will be comprised of no less than eight members of outstanding integrity and good judgment appointed by the Bishop. The majority of the Board members will be laypersons who are not employees of the Diocese.  There will be at least one cleric, who should be an experienced and respected pastor of the Diocese, and at least one Board member should have particular expertise in the treatment of the sexual abuse of minors. Membership will include a parent, and a victim/survivor or parent of a victim/survivor of cleric sexual abuse. The members will be appointed for staggered terms of three years, which can be renewed and will continue until a successor is appointed. When required, the Diocesan Promoter of Justice[5] may participate in the meetings of the Board.

             B.             Responsibility:  The functions of the Sexual Misconduct Review Board include:

                       1.      Advising the Bishop in his assessment of the complainant’s allegations of
                             sexual abuse by a cleric and in the determination of the accused continued 
                             suitability for ministry; 

                       2.      Reviewing diocesan policies dealing with clergy sexual abuse of minors at least

                             every two years, and offering recommendations for improving the policy and its

                             implementation;

                       3.      Offering recommendations regarding the treatment of complaints, whether

                             retrospectively or prospectively; and

                       4.      Reviewing any proposed settlements with the victims of clergy 
                             sexual misconduct.

_______________________

[5] The Promoter of Justice, either a layperson or a cleric, with a degree in canon law, is appointed by the Bishop of the Diocese.  The Promoter is responsible for safeguarding the public good, the good of the community and the good of the Church.  In penal processes, the Promoter of Justice is the Church official responsible for bringing forth the formal complaint and is responsible for prosecuting the case.  In this sense, the Promoter acts much like the district attorney in civil criminal action.

---

C.                 Procedures for meetings:

                        1.    A two-thirds majority of the members of the Board will constitute a quorum and

                              the concurrence of not less than a majority of the quorum shall be necessary for 

                              a  determination or recommendation.

 

2.      The Board will conduct its business at meetings, which will be scheduled to occur as often as necessary to perform its duties. The meetings will reflect the pastoral character of this process, which is consultative and advisory, not adversarial and adjudicative. They are sessions at which the Board receives and considers information, deliberates, and formulates its determinations and recommendations. The Board may, at its discretion, determine additional information it requires.

3.      The Board will consider the Coordinator’s report, reports from the investigator, and any other information that the Board believes to be helpful and which it is able to obtain.  

D.                 Reports to the Bishop:  

The Board will advance recommendations to the Bishop on the following:  

1.      If a cleric has already been temporarily withdrawn from ministry pending inquiry, whether such withdrawal should continue; if the withdrawal should not continue, whether any restrictions should be imposed on a cleric returning to ministry;

2.      If a cleric has not been temporarily withdrawn from the ministry, whether he should be withdrawn, whether he should continue in his assignment and, if so, whether any restrictions should be imposed upon him;

3.      Whether the preliminary actions taken by the Bishop or his designee were appropriate and whether further action is required; and

4.      If a cleric’s conduct does not constitute sexual abuse with a minor but is otherwise inappropriate, whether further action is warranted, and suggestions as to such action.

5.      Investigations. The Diocese will appoint an experienced investigator to assist the Board in its assessment and evaluation of allegations of sexual abuse and misconduct by clergy of the Diocese of Albany. The investigator will promptly conduct investigations of allegations referred by the Board, and report his/her findings to the Board. 

---

 VI.    PROCEDURE FOR RECEIVING ALLEGATIONS  

A.                 Initiating a Complaint.  

A person who has an allegation against a member of the clergy should contact the  Assistance Coordinator. Meetings can be arranged at mutually acceptable locations. If the complainant is represented by counsel and wishes to proceed through his or her counsel, then arrangements will be made to meet with the counsel for the Diocese.

B.                 Content of Complaint.

           After the initial contact is made, the Assistance Coordinator will interview the individual making the allegation and receive the allegation in writing with the complainant’s signature. If necessary, the individual will be assisted in putting the complaint into writing and will sign the complaint. Typically, the complaint should include the name of the cleric who is the subject of the allegation; the name or names of the alleged victim or victims; an accurate description of the alleged abuse; the relevant dates, times and circumstances in which the alleged sexual abuse occurred; and the names, addresses and telephone numbers of other persons who may have knowledge of the alleged abuse.

C.                 Reporting to Public Authorities.  

Upon receipt of an allegation of the sexual abuse of a minor that is within the statute of limitations, the Coordinator will promptly report the allegation to the public authorities, complying with all applicable civil laws with respect to the reporting of such allegations. The Coordinator will also provide the person making the allegation with a written statement containing information about the right to make a report of such allegations to the public authorities and will support this right.[6]  

D.                Confidentiality.  

1.     The Diocese cannot promise absolute confidentiality to a complainant, as reports of sexual abuse with a person who is a minor that are within the statute of limitations will be immediately reported to the appropriate public authorities. Notification of allegations received must be given to the insurers in accordance with the terms of applicable insurance policies. The cleric against whom the allegation has been made will also need to be informed during the course of a subsequent investigation. Nevertheless, information will not be shared indiscriminately; and only the diocesan staff specifically involved in the handling of such matters and the Sexual Misconduct Review Board will be informed of the allegation.

______________________

2.   The Diocese will not request or require that the complainant maintain the confidentiality of the complaint as a condition of receiving services and assistance pursuant to this Policy.  

E.                  Anonymous Allegations.

The Coordinator ordinarily will not process anonymous allegations or allegations that do not contain enough information to permit reasonable inquiry. However, the Coordinator will report all such allegations to the Board at its next regularly scheduled meeting, and the Board will review the Coordinator’s action.  

F.                  Resigned clerics.

An allegation against a cleric who has resigned from active ministry will be processed in the same manner as any other allegation to the extent necessary to make a determination about whether there is reasonable cause to believe that the cleric engaged in sexual abuse of a minor during the time he was serving as a cleric in the Diocese, and to facilitate outreach to those who may have been affected as described in these policies.  The preliminary review, however, will focus on whether the resigned cleric is still ministering or employed in an ecclesiastical setting where minors may be at risk, and the necessity for reporting such allegation to appropriate law enforcement agencies as required by law. If the whereabouts of the resigned cleric against whom an allegation is made are known or can reasonably be determined, he will be contacted and requested to respond to the allegation.  

G.                 Deceased clerics.

Allegations involving deceased clerics will be reviewed by the Sexual Misconduct Review Board.  

H.                 Retired clerics.

Since retired clerics often continue to exercise ministry and perform sacraments, an allegation against a cleric who has retired from an official assignment will be processed in the same manner as any other allegations to the extent necessary to make a determination about whether minors are currently at risk, and whether there are reasonable grounds to believe that the retired cleric engaged in sexual abuse of a minor.   

I.                    Clerics Not of the Diocese.

If the accused cleric is not a priest or a deacon of the Diocese of Albany, his proper ecclesiastical superior will be notified, and the transfer of appropriate information and the investigation itself will be coordinated with the appropriate diocesan bishop or religious superior.  

 [6] See appendix A

---

 VII.   PROCEDURE FOR PROCESSING ALLEGATIONS  

A.                 Notice to the Accused.[7]     

When an allegation is received by the appropriate diocesan official(s), the accused priest or deacon will be notified.[8]  This normally will be done through a personal meeting between the accused and designated diocesan official(s).  The accused cleric will be neither interviewed nor asked to make a response to the allegation(s) being made against him.  The accused priest or deacon will:

1.    Be advised of the nature of the allegation(s), including the name(s) of the 

      person(s) making the allegation(s);

2.    Be advised of his right to obtain both canonical and civil counsel, and be 

      encouraged to do so at once.  The accused will be provided a list of available 

      canonists;

3.    Be advised of his right not to incriminate himself in any manner whatsoever.  

      He will not be compelled to testify against himself;

4.    Be advised that he will be given the opportunity of responding to the 

      allegation(s)  He may do so directly or through his civil or canonical counsel;

5.    Be asked to sign a statement acknowledging that he has been informed of 

      the allegation(s) being made against him; and

6.    Be advised that he is not to contact the complainant(s) or any possible 

      witnesses in any possible future proceedings, either civil or canonical.  
 

B.                 The Investigation[9]

 Phase One.  

                 1. Within the Statute of Limitations.

---

[7] See Appendix B

[8] Unless there is an active investigation by public authorities who prohibit such notification.

[9] It should be noted that steps presented in this investigative process are not and should be construed as an indication of guilt of the accused cleric, but of the seriousness with which such matters will be handled.  Appropriate steps will be taken to protect the reputation of the accused cleric during the investigation.  

---

When the alleged abuse falls within the statute of limitations, the Diocese will promptly report the abuse to the law enforcement authorities and fully cooperate with their investigation. The cleric may be placed on administrative leave pending action by the public authorities.

The results of any proceedings undertaken by public authorities do not preclude the Bishop from initiating a canonical process that could result in removal from ministry.  

2. Beyond the Statute of Limitations.

If the case is beyond the applicable criminal statute of limitations, the Bishop or his 

designee is to be promptly informed of the  allegation. The allegation will be brought to the attention of the accused cleric, and he   will be informed of his right to civil and   canonical counsel.

a)      If the cleric admits to the allegation, he will be placed on administrative leave immediately, and the process for his permanent removal from public ministry will begin. (See the Canonical Process page 13).

b)    If the cleric does not admit the allegation, the Bishop may place him on administrative leave. During this initial period, the Bishop may ask the cleric to voluntarily undergo a medical or psychological evaluation. He will be requested to grant permission for assessment results to be shared with the appropriate diocesan entities. Every effort will be made to provide the cleric with spiritual, pastoral and counseling support throughout the process.  

The Review Board may ask the Investigator to initiate his/her inquiry.

 Phase Two.  

1.      When the Review Board meets, the Coordinator will present the allegation and the actions taken to date. The Board will review the actions taken and make a recommendation. If an inquiry by the Investigator has not been commenced, the Board may recommend initiating this action.  If the cleric has not been placed on administrative leave, the Board will advise the Bishop if the cleric needs to be placed on administrative leave pending the investigation.

2.    The investigation will be completed and the results reported to the Board. The Board (with the written consent of the accused) will also be advised of the results of any medical/psychological evaluations.

3.      If the Board recommends that there are reasonable grounds[10] to believe that the alleged sexual abuse may have occurred and the Bishop accepts the recommendation, the cleric will be notified and placed on administrative leave (if this action has not already been taken).

4.      If the Review Board concludes that there are no reasonable grounds to believe that the alleged sexual abuse may have occurred and the Bishop concurs, both the accused and the complainant will be notified. The complainant will be again reminded of his/her right to report the allegation to the office of the appropriate law enforcement agency. If the cleric had been placed on administrative leave, he will be restored to public ministry and every effort will be made to underscore that there was no basis to the allegations brought against him.

________________________

[10]  “Reasonable grounds to believe that the alleged misconduct has occurred” exists when evidence or information which appears reliable discloses facts or circumstances which are collectively of such weight and persuasiveness as to convince a person of ordinary intelligence, judgment and experience that it is reasonably likely that such misconduct was committed and that such person committed it.

---

 VIII. THE CANONICAL PROCESS  

·                    If the cleric admits to the sexual abuse, or if he denies the allegation but the Review Board has ascertained that the sexual abuse may have occurred and the Bishop has accepted that assessment, he will then transmit his recommendations to the Vatican’s Congregation for the Doctrine of Faith (CDF), initiating the request to waive the canonical statute of limitations if it has lapsed. The CDF, after considering all of these materials, will notify the Bishop whether it will hear the case itself or will direct the Bishop on how to proceed with the case.

·                    If permission is received to conduct a canonical trial, a tribunal will be empanelled.  If the cleric is found guilty, he will be removed from ministry permanently. He will be offered assistance for his own healing and well-being as well as for the purpose of prevention.

·                   If, at the canonical trial, the cleric is judged not guilty, but the Bishop believes that the cleric is unsuitable for ministry, in accordance with norm 9 he may refuse to restore the cleric to public ministry.[11]

·                    If the penalty of dismissal from the clerical state has not been applied (e.g., for reasons of advanced age or infirmity), the offending cleric will be advised to lead a life of prayer and penance.  He will not be permitted to celebrate Mass publicly or to administer the sacraments.  He will be instructed not to wear the clerical garb or to present himself publicly as a priest or an agent of the Church.

·                   If the allegation is not substantiated as a result of the canonical process and the Bishop considers the cleric suitable for public ministry, he will be restored to ministry, and every effort will be made to restore his reputation.

·