5. CANONICAL CONSIDERATIONS

Section 5 recognizes that a cleric who has admitted or been found to have engaged in sexual abuse of a minor may never return to ministry. We repeat the worlds of our Holy Father in his address to the Cardinals of the United States and Conference Officers: "There is no place in the priesthood or religious life for those who would harm the young."

5.1 Removal from Ministry, Penalties and Restrictions

Policy:

When even a single act of sexual abuse 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 (CCEO, c. 1453 § 1) . While affording every opportunity to the offender for conversion of heart and forgiveness through sacramental reconciliation, and recognizing the abundant mercy of God's infinite graces, the Church also acknowledges the need to do penance for one's sins, that there are consequences for wrongful actions, and that the safety of children requires certain measures to be taken even after there is forgiveness.

A. 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 (Cf. Canonical Delicts Involving Sexual Misconduct and Dismissal from the Clerical State, 1995; Graviora Delicta, Letter from the Congregation for the Doctrine of the Faith, May 18, 2001). Unless the Congregation for the Doctrine of the Faith, having been notified, calls the case to itself because of special circumstances, it will direct the Bishop to proceed (Article 13, "Procedural Norms" for Motu proprio Sacramentorum sanctitatis tutela, AAS, 93, 2001, p. 787). If the case would otherwise be barred by prescription, because sexual abuse of a minor is a grave offense, the Bishop shall apply to the Congregation for the Doctrine of the Faith for a dispensation from the prescription, while indicating appropriate pastoral reasons. For the sake of due process, the accused is to be encouraged to retain the assistance of civil and canonical counsel. When necessary, the Diocese will supply canonical counsel to a priest. The provisions of CCEO, c. 1473 shall be implemented during the pendency of the penal process.

B. If the penalty of dismissal from the clerical state has not been applied (e.g., for reasons of advanced age or infirmity); the offender is to lead a life of prayer and penance. He will not be permitted to celebrate Liturgy publicly or to administer the sacraments. He is to be instructed not to wear clerical garb, or to present himself publicly as a priest. (Cf. USCCB Charter, art, 5, and USCCB Essential Norms, §8).

5.2 Executive Power of Governance

Policy:

At all times, the Bishop has the executive power of governance, through an administrative act, to remove an offending cleric from office, to remove or restrict his faculties, and to limit his exercise of priestly ministry. Because sexual abuse of a minor by a cleric is a crime in the universal law of the Church (CCEO, c. 1453 §1) and is a crime in all jurisdictions in the United States, for the sake of the common good and observing in the provisions of canon law, the Bishop shall exercise this power of governance to ensure that any priest who has committed even one act of sexual abuse of a minor as described above shall not continue in active ministry (USCCB Essential Norms, §9).

Procedures

The Bishop may exercise his executive power of governance to take one or more of the following administrative actions ( CCEO, cc. 178; 979).

1. He may request that the accused freely resign from any currently held ecclesiastical office ( CCEO, cc. 967-969).

2. Should the accused decline to resign and should the Bishop judge the accused to be truly not suitable (CCEO, c. 940) at this time for holding an office previously freely conferred, then he may remove that person from office observing the required canonical procedures (CCEO, cc. 974 § 1; 975 § 1; 1389-1396).

3. For a cleric who holds no office in the Diocese, any previously delegated faculties may be administratively removed ( CCEO, cc. 191 & 992 ) while any de iure faculties may be removed or restricted by the competent authority as provide in the law (CCEO, c. 610 § 2 & § 3);

4. The Bishop may also determine that circumstances surrounding a particular case constitute the just and reasonable cause for a priest to celebrate the Eucharist with no member of the faithful present. The Bishop may forbid the priest to celebrate the Eucharist publicly and to administer the sacraments, for the good of the Church and for his own good.

5. Depending on the gravity of the case, the Bishop may also dispense (CCEO, cc. 1536; 1537; 1538) the cleric from the obligation of wearing clerical attire (CCEO, c. 387) and may urge that he not do so, for the good of the Church and for his own good.

6. These administrative actions shall be taken in writing and by means of decrees (CCEO, c. 1513 § 2 § 3; 1517 § 1; 1519 § 2; 1511; 1520; 1518; 1513 § 5), so that the cleric affected is afforded the opportunity of recourse against then in accord with canon law (CCEO, cc. 999 ff; 1487 § 1).

(The above procedures are outlined in USCCB Essential Norms, §9, footnote 6.)

5.3 Dispensations and Dismissals from the Clerical State

Policy:

The priest or deacon may at any time request a dispensation from the obligations of the clerical state. In exceptional cases, the Bishop may request of the Holy See the dismissal of the priest or deacon from the clerical state ex officio, even without the consent of the priest or deacon (USCCB Essential Norms, §10).

Procedures

1. A cleric described in Section 5.1 and who has not been dismissed from the clerical state may either live in a supervised setting designated by the Diocese in accord with Section 4.12 or resign from active ministry as a cleric and petition for laicization. The Diocese ordinarily will offer such resigned clerics an opportunity for continuing therapy as part of an appropriate severance program. If the cleric does not express a desire to live in such a supervised setting or petition for laicization, the Diocese may pursue appropriate courses of action permitted under the Code of Canon Law.

2. A cleric who is assigned to live in a supervised setting as described above must sign a written agreement with Diocese. The agreement must include such provisions as to his restrictions, residence, therapy, supervision and other matters as may be recommended by his therapists or the Board, or required by the Bishop. The cleric's compliance with the terms of the agreement and overall performance will be monitored from time to time by the Administrative Investigator. The Administrative Investigator will present written reports of the monitoring to the Review Board at least annually. Either the Review Board, the Bishop or cleric may initiate a Supplementary Review of the situation in accordance with the procedures in Section 4.

5.4 Protection of Rights and Unfounded Allegations

Policy:

Care will always be taken to protect the rights of all parties involved, particularly those of the person claiming to have been sexually abused and the person against whom the charge has been made. When the accusation has proved to be unfounded, every step possible will be taken to restore the good name of the person falsely accused (Cf. USCCB Essential Norms, §13).

5.5 Cleric's failure to comply

Policy:

A cleric's failure to comply with the agreement he has signed or any of the relevant conditions or restrictions imposed shall be the basis for the initiation of a Supplementary Review which may result in such other appropriate recommendations by the Review Board for the action of the Bishop.

6. PRIEST PERSONNEL RECORDS