3. When the Archbishop decrees that an investigation be initiated, the Secretary for Ministerial Personnel will communicate the decree and the complaint to the Delegate for Investigations. The Delegate for Investigations will communicate an authentic copy of the decree to the complainant and the accused person, together with the forms "Rights and Obligations in a Penal Process" and "Authorization to Release Information."

3.1 The form "Rights and Obligations in a Penal Process" will express the following rights and obligations:

• the right to a fair, objective, and thorough examination of the complaint by competent and unbiased persons;

• the right to have one’s good name, rights, and privacy protected;

• the right to due notice of proceedings;

• the right to offer evidence;

• the right to know the results of the investigation;

• the right to recourse or appeal, in accord with the norms of canon law;

• the obligation not to interfere with the investigative process;

• the obligation to provide accurate information;

• the obligation to observe any restrictions lawfully imposed.

3.2 Further, the rights and obligations of an accused cleric

• the right to know the nature of the complaint and the identity of the person who is alleged to have been

• the right to be heard in one’s own defense and not to be required to implicate or incriminate one’s self;

• the right to examine written records of proceedings and decisions;

• the right not to be punished with canonical penalties, except in accord with the norm of law (Code

of Canon Law, c. 221 §3);

• the obligation not to have contact with the complainant during the investigation.

3.3 In accord with canon law, an accused cleric cannot be compelled to appear; he is not bound to respond to the complaint nor admit to any offense; and no oath will be administered to him (cf. Code of Canon Law, c. 1728 §2). If an accused cleric chooses to appear, he

4. As soon as a preliminary investigation is initiated, the Archbishop will offer to meet with the accused cleric. For the period of the preliminary investigation, the Archbishop may request that an accused cleric voluntarily refrain from the public exercise of sacred ministry and/or the exercise of an ecclesiastical office. In light of the seriousness of the alleged actions, the Archbishop may issue a precept that includes a prohibition of certain activities29 or decree the removal of the faculties of a cleric for the duration of the preliminary investigation.30

4.1 A notary will be present if the Archbishop chooses to make an official record of the meeting. At the beginning of the meeting, the Archbishop will ensure that the cleric understands that anything he says may be introduced as evidence in a canonical or civil court and that, at present, civil authorities do not consider disclosures to the Archbishop to be privileged. In accord with canon law, the Archbishop cannot require the cleric to confess, sacramentally or non-sacramentally, to the complaint (cf. Code of Canon Law, c. 1728 §2).

4.2 The accused cleric may be requested to seek an appropriate medical and psychological evaluation at a facility mutually acceptable to the Archdiocese and to the cleric (cf. USCCB, Essential Norms §7). Prior to such a request, the Archbishop will ensure that the cleric understands the voluntary nature of the request. If psychological testing is performed, the results may not be introduced as evidence without the cleric’s consent (cf. Code of Canon Law, c. 220).

4.3 When a cleric is willing to refrain voluntarily from the public exercise of sacred ministry and/or the exercise of an ecclesiastical office, the Archbishop will discuss with him consideration for necessary expenses, his residence during the time of the investigation, and how his ecclesiastical responsibilities might be fulfilled.

4.4 At any point, an accused cleric may voluntarily resign from his ministerial position31 or request from the Roman Pontiff a dispensation from the obligations of the clerical state32 (cf. USCCB, Essential Norms §10).

5. The Delegate for Investigations will conduct the preliminary investigation, normally with the assistance of an investigative team. The results of the preliminary investigation will normally be reported to the Archbishop within one month of the initiation of the investigation.

5.1 The Delegate is to seek information that indicates whether the alleged act can be canonically proven, whether it is actionable according to the law of the Church, and whether a canonical penalty may be lawfully imposed.33 He/she will normally constitute an investigative team to assist in the preliminary investigation, which may include a canon lawyer, clinical specialists in the field of child abuse, professional investigators, and other appropriate professional or expert assistance.

5.2 The age of a minor in canon law today for offenses against the sixth commandment committed by a cleric is eighteen (18) years of age.34 For an offense committed in the United States prior to April 25, 1994, a child is defined as a person under sixteen (16) years of age.35

5.3 The canonical statute of limitations, called "prescription," determines the time within which a criminal action may be prosecuted in an ecclesiastical forum. In canon law today, the statute of limitations for the crime of child abuse by a cleric intervenes ten (10) years after the child completes his/her eighteenth year of age.36 In accord with the Essential Norms, the Archbishop "shall apply to the Congregation for the Doctrine of the Faith for a dispensation from the prescription, while indicating appropriate pastoral reasons," when the case would otherwise be barred by prescription (USCCB, Essential Norms §8A).

5.4 Information will be sought as to the extent to which the alleged act was placed with use of reason and will.  Imputability is presumed for an external violation of a law or precept, unless the contrary is otherwise apparent (Code of Canon Law, c. 1321 §3).37

5.5 When a cleric makes an admission to the crime of child abuse during the preliminary investigation, the Delegate for Investigations will communicate a report to the Archbishop. The report will address the imputability of the offense to the cleric.