Pasted from RCAB website 9/16/03

ARTICLE 8

Complaints Against Archdiocesan Personnel and Volunteers

Contacting the Accused Person

1. Within twenty-four (24) hours of receiving a complaint of child abuse by one of the archdiocesan personnel or a volunteer, the Secretary for Ministerial Personnel will contact the Archbishop and consult him on the manner in which this information is to be communicated to the accused and any other persons.

1.1 After consulting the Archbishop, the Secretary for Ministerial Personnel will inform the Chancellor and the appropriate Cabinet Secretary. He will then give the complaint to the immediate supervisor of the accused person, who will communicate the complaint to the accused, in writing and as appropriate, within forty-eight (48) hours. When feasible, the complaint will be communicated to the accused in person.

1.2 The Secretary for Ministerial Personnel will consult with the Director of Human Resources and the appropriate supervisor concerning an offer of appropriate assistance to the accused person during the investigation.

1.3 When the supervisor communicates the complaint, he/she will follow the provisions of these Policies and Procedures concerning a recommendation that the accused retain appropriate legal representation. The supervisor will direct the accused and his/her agents to have no contact with the complainant, the complainant’s immediate family, and/or the person who brought forth the complaint prior to the completion of an investigation.

1.4 If the accused is employed by the Archdiocese or one of its institutions, the supervisor will immediately place the accused person on administrative leave, as defined in the personnel policies of the Archdiocese. Administrative leave includes a prohibition against performing any Church-related duties pending investigation of the complaints, as well as an obligation to remain away from the parish, school, or other archdiocesan institution where the alleged abuse occurred. During administrative leave, regular salary and benefits will continue for three (3) months. Thereafter benefits may continue, at the discretion of the Chancellor, for a maximum of nine (9) additional months. If, however, the person is arrested, the Chancellor will review the facts to determine whether the person should continue to receive salary and benefits during the investigation.

Rights and Obligations

2. When the Archbishop decrees that an investigation be initiated, the Secretary for Ministerial Personnel will communicate the complaint to the Delegate for Investigations. The Delegate for Investigations will send to the complainant and the accused person the forms "Rights and Obligations of Persons Involved in an Investigation" and "Authorization to Release Information." He will request that each person return signed copies of these forms within five (5) business days.

2.1 The rights and obligations of persons involved in an ecclesiastical investigation include:

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 appeal, in accord with the norms of these Policies and Procedures;

the obligation not to interfere with the investigative process;

the obligation to provide accurate information;

the obligation to observe any restrictions lawfully imposed.

2.2 Further, the rights and obligations of an accused person include:

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

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

the right to examine written records of proceedings and decisions;

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

2.3 The accused person cannot be required to declare whether the complaint against him/her is true, state

whether any elements of the alleged acts are true, or otherwise incriminate himself/herself. The person will not be formally interrogated, unless he/she specifically agrees.