Article7

ARTICLE7

Principles for Investigating Complaints of Child Abuse

On Investigations

Code of Canon Law, canon 1401: "By proper and exclusive right the Church adjudicates…the violation of ecclesiastical laws and all those matters in which there is a question of sin, in what pertains to the determination of culpability and the imposition of ecclesiastical penalties."

USCCB, Essential Norms §11, footnote 7: "The necessary observance of the canonical norms internal to the Church is not intended in any way to hinder the course of any civil action that may be operative. At the same time, the Church reaffirms her right to enact legislation binding on all her members concerning the ecclesiastical dimensions of the delict of sexual abuse of minors."

On the Protection of Rights

Code of Canon Law, canon 220: "No one is permitted to harm illegitimately the good reputation which a person possesses nor to injure the right of any person to protect his or her privacy."

Code of Canon Law, canon 223: §1"In exercising their rights, the Christian faithful, both as individuals and gathered together in associations, must take into account the common good of the Church, the rights of others, and their own duties toward others. §2. In view of the common good, ecclesiastical authority can direct the exercise of rights which are proper to the Christian faithful."

Code of Canon Law, canon 1717 §2: "Care must be taken so that the good name of anyone is not endangered from this investigation." USCCB, Essential Norms §6: "All appropriate steps shall be taken to protect the reputation of the accused during the investigation. The accused will be encouraged to retain the assistance of civil and canonical counsel and will be promptly notified of the results of the investigation."

USCCB, Essential Norms §8A: "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/eparchy will supply canonical counsel to a priest."

USCCB, Essential Norms §13: "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 of the person against whom the charge has been made."

Archdiocesan Investigations

1. The Archdiocese will investigate complaints of child abuse in accord with the principles of truth, honesty, openness, and justice, while respecting confidentiality, privacy, and the reputation of persons. The Archdiocese will cooperate with civil authorities concerning investigations of a complaint of child abuse and conduct investigations with respect for civil law and the rights of individuals.

1.1 The investigation of a complaint of child abuse by a Bishop will be guided by the directives of canon law, which reserves such cases to the Roman Pontiff (cf. Code of Canon Law, c. 1405 §1, 3°).27

1.2 The Archdiocese will cooperate with civil officials concerning the gathering of information when a civil or criminal investigation is being conducted. The Archdiocese will not conduct an interview with a complainant, accused person, or potential witnesses while a criminal investigation is underway without having consulted the appropriate civil authorities.

1.3 When a complainant, or the parent or guardian of a minor complainant, requests that the Church investigate a complaint of child abuse, the Archdiocese will request that this person make available any information generated by an investigation by civil officials.

Gathering Information from Children

2. The Archdiocese will observe the norms of canon law concerning the gathering of information from children during an investigation.

2.1 Children below fourteen (14) years of age will not normally be permitted to give testimony. Dependent upon the civil jurisdiction and its protocols concerning the interviewing of minors, the Archbishop may authorize the interviewing of a person under eighteen (18) years of age (cf. Code of Canon Law, c. 1550 §1).

2.2 When a complaint is received concerning a person presently under the age of eighteen (18), the Delegate for Investigations will contact the Sexual Abuse Investigation Network (SAIN) and/or other civil authorities relative to obtaining the information needed for the Church’s investigation of the complaint.

Due Process Protections

3. The Archdiocese will ensure that the protections of procedural due process (following of proper procedures) and substantive due process (protection against arbitrary or unfair deprivation of basic rights) are provided to all parties.

3.1 Competent and unbiased persons will uphold due process by a fair, objective, and thorough examination of the complaint. The complainant and the person whose conduct is being investigated will receive due notice of investigations and proceedings and protection of the right to hierarchic recourse and appeal, in accord with the norms of Church law.

3.2 To the extent possible, interviews concerning a complaint of child abuse will be conducted in a setting that is comfortable to the parties being interviewed. A woman staff member will be present during an interview with a female complainant.

3.3 In canon law, as in civil law, a person is presumed innocent until guilt has been proven or admitted. When the Secretary for Ministerial Personnel or supervisor communicates a complaint to an accused person, he/she will recommend that the accused retain appropriate legal representation. Whenever a possibility exists that canonical penalties may be applied, information will be provided to the accused for contacting an approved canonical advocate.

3.4 The Secretary or supervisor will inform the accused that information generated in an investigation by the Church is considered confidential, but it may not be considered privileged by civil authorities. He/she will point out, therefore, the appropriateness of consulting a civil attorney.

3.5 An accused person may bring legal representation to any meeting concerning a complaint of child abuse. It is the personal responsibility of the accused to retain and render payment to legal representation. In accord with Church law, the Archdiocese will supply canonical counsel to a priest when necessary (USCCB, Essential Norms §8A).

4. In order to uphold due process, a person who brings an allegation of child abuse to the Church will be informed that a written and signed complaint is normally necessary before the Church can undertake an investigation.

4.1 Normally, it will be necessary that the complaint include:

• the name of the person against whom the complaint is made;

• the name of the complainant;

• a detailed description of the alleged abuse, including relevant dates, times, and circumstances; • the names and contact information for persons who may have knowledge of the alleged abuse.

4.2 When a complaint is made by someone other than the person who has allegedly been abused, the testimony of the complainant will normally be necessary for the Archdiocese to conduct a thorough investigation.

4.3 A complaint may be made by someone chosen by the person who has allegedly been abused, such as a canon lawyer, a civil attorney, a family member, a friend, or a counselor. When requested, the Office for Pastoral Support and Outreach or the Delegate for Investigations will assist a complainant in preparing the appropriate written statement.

4.4 When an adult reports having been abused as a child by a person who is currently ministering, working, or serving in the Archdiocese, but does not wish to make a formal complaint for the purposes of a Church investigation, the person who receives the report will inform the Secretary for Ministerial Personnel that an anonymous allegation has been received. The person who receives the report will first explain to the adult that the Archdiocese cannot investigate an anonymous allegation and attempt to address his/her concerns about participating in a Church investigation.