1.0 PREAMBLE
In June, 2002, the United
States Conference of Catholic Bishops (USCCB) recommitted the
Church to deal appropriately and effectively with cases of
sexual abuse of minors by priests, deacons and other church
personnel, i.e., lay employees and volunteers. In
the Charter for the Protection
of Children and Young People and the Essential
Norms for Diocesan/Eparchial Policies Dealing with the Allegations
of Sexual Abuse of Minors by Priests or Deacons, as approved
by the Apostolic See, the Bishops of the United States promised
to reach out to those who have been sexually abused as minors
by anyone serving the Church in ministry, employment, or volunteer
service, whether the sexual abuse was recent or occurred many
years ago. The bishops stated that they would be as open as
possible with the people in parishes and communities about
instances of sexual abuse of minors, with respect always for
the privacy and the reputation of the individuals involved.
They have committed themselves to the pastoral and spiritual
care and emotional well-being of those who have been sexually
abused and their families.
The bishops will work
with parents, civil authorities, educators and various organizations
in the community to establish and maintain the safest possible
environment for minors. In the same way, the bishops have pledged
to evaluate the background of seminary applicants, as well
as all Church personnel who have responsibility for the care
and supervision of children and young people.
The Diocese of
Rapid City will implement these Norms diligently, compassionately
and fairly. The following policies and procedures are intended
to implement these goals.
2.0 PROHIBITION OF SEXUAL ABUSE OF MINORS
Under the Universal
Law of the Church, the sexual abuse of minors by a cleric is
a grave delict (offense) reserved to the Holy See, and the
offender is subject to severe penalties, including dismissal
from the clerical state, if the case so warrants. Even a single
verified act of sexual abuse of a minor – in the past,
present or future – by
a priest or deacon will lead to the permanent removal from
the ministry. An act of sexual abuse of a minor by a lay employee
or volunteer – in the past, present or future – will
lead to dismissal from any role within the diocese or any diocesan
organization or institution.
Under both federal and
South Dakota civil and criminal law, the sexual abuse of minors
is a grave crime, and an offender may be subject to severe
penalties, including incarceration, fines and/or monetary damages.
2.1 DEFINITION OF SEXUAL ABUSE OF MINORS
Sexual abuse of a minor includes sexual
molestation or sexual exploitation of a minor and other behavior
by which an adult uses a minor as an object of sexual gratification.
This includes, but is not limited to, sexual contact with the
intimate parts (genital area, groin, anus, inner thighs, buttocks
or breasts) of a minor for the purpose of sexual gratification
or arousal or for the purpose of degrading or humiliating the
minor. Deliberate touching of the intimate parts of a minor,
requesting that the minor touch the intimate parts of the adult,
exposing the intimate parts of the adult to a minor or requesting
that the minor expose his or her intimate parts also constitute
sexual abuse. A minor is a person who has not yet reached his
or her eighteenth birthday.
2.1.1 The transgressions in question relate
to obligations arising from divine commands regarding human
sexual interaction, as conveyed to us by the sixth commandment
of the Decalogue. Thus, the norm to be considered in assessing
an allegation of sexual abuse of a minor is whether conduct
or interaction with a minor qualifies as an external, objectively
grave violation of the sixth commandment (Canonical
Delicts Involving Sexual Misconduct and Dismissal from the
Clerical State, USCC, 1995, p. 6).
2.1.2 A canonical offense against the sixth
commandment (c. 1395, §2) need not be a complete act of
intercourse. Nor, to be objectively grave, does an act need
to involve force, physical contact or a discernible harmful
outcome. Moreover, imputability (moral responsibility) for
a canonical offense "is presumed upon external violation." (c.
1321, §3. Cf. cc 1322-27)
2.1.3 If there is any doubt whether a specific
act qualifies as an external, objectively grave violation,
the writings of recognized moral theologians may be consulted
and the opinions of recognized experts may be obtained (Canonical
Delicts, p. 6). Ultimately, it is the responsibility of the
bishop of the Diocese of Rapid City, with the advice of the
diocesan review board, to determine if the allegation warrants
further action.
2.2 CAVEAT: OTHER OBJECTIONABLE CONDUCT
2.2.1 Even conduct that does not constitute
sexual abuse may be offensive or may create misunderstanding
or embarrassment. Experience has shown that actions by a priest
or deacon with minors such as hugging, patting, tickling or
similar "horseplay", even if intended innocently,
may be misconstrued. Priests and deacons must be especially
careful, therefore, to avoid such conduct, especially when
other adults are not present. NOTE: The Diocese of Rapid City
will promulgate and publish separately a Code
of Conduct applicable
to all personnel and all personnel will receive training regarding
the Code of Conduct.
2.2.2 Similarly, lay employees and volunteers
should refrain from engaging in any non-sexual physical contact
with minors under their care, if there is any realistic possibility
that the contact may be misunderstood by the minor or found
objectionable by the minor’s parents or guardians. Notwithstanding
the above, a teacher or other school employee or volunteer
may use reasonable physical force in a school setting pursuant
to South Dakota statutes. (See SDCL § 13-32-2, 13-32-3.)
2.2.3 South Dakota law prescribes criminal
penalties and fines for specific crimes including, but not
limited to: sexual contact with a minor under sixteen as set
forth in § 22-22-7; incest as set forth in § 22-22-19;
possessing, manufacturing and distributing child pornography
as set forth in § 22-22-24.1; sale of child pornography
as set forth in § 22-22-24; sexual exploitation of a minor
as set forth in § 22-22-24.3; promotion of prostitution
of a minor as set forth in § 22-23-2(2); criminal pedophilia
as set forth in § 22-22-30.1; solicitation of a minor
as set forth in § 22-22-24.5; disseminating sexual materials
to minors as set forth in § 22-24-30; aggravated indecent
exposure as set forth in § 22-24-1.3; and stalking a child
as set forth in § 22-19A-7.
2.3 DEFINITIONS; DISTRIBUTION OF POLICY
"Diocese" encompasses the Roman
Catholic Diocese of Rapid City, in accord with Canon 369 of
the Code of Canon Law; all parishes and other inferior canonical
juridical persons whose competent ecclesiastical superior is
the bishop of the Diocese of Rapid City or administrator of
the Diocese of Rapid City; the Rapid City Roman Catholic Diocesan
Corporation, as chartered by the State of South Dakota; all
other corporations (including parish corporations) having the
bishop of the Diocese of Rapid City or administrator of the
Diocese of Rapid City as their presiding officer; and all institutions,
agencies and organizations sponsored by these canonical or
civil entities.
2.3.2 "Personnel" includes all
persons (clergy, religious and laity) who are employed by,
are under personal contract with, or volunteer in any of the
entities encompassed by the diocese. Of special concern are
those in supervisory capacities or in particularly sensitive
areas, such as: those who work with or around children, the
very elderly and the physically or mentally infirm; those who
counsel others; and generally, those who work with people who
are less capable of protecting themselves.
2.3.3 "Reasonable cause" means
a prudent estimation based on trustworthy information that
an incident occurred or is perceived as having occurred.
2.3.4 "Credible" allegation, accusation
or information means that, under all the circumstances known
at the time of the determination with regard to time, place
and person, a prudent person would conclude that there is a
significant possibility that an incident occurred or is perceived
as having occurred.
2.3.5 A copy of this policy will be distributed
to all personnel of the diocese and posted on the website of
the diocese.
2.3.6 This policy will be incorporated into
all diocesan personnel guidelines and printed in the Pastoral
Handbook.
2.3.7 This policy will be communicated to
the competent ecclesiastical superiors of all members of religious
institutes and societies of apostolic life who serve as personnel
of the diocese.
2.3.8 Acknowledgment of receipt and understanding
must be included in all personal contracts of employment with
the diocese
2.3.9 A signed acknowledgment of receipt
and understanding will be required of all personnel of the
diocese. The signed acknowledgments of receipt and understanding
of these guidelines will be returned by the above personnel
to their superior or supervisor for retention in the appropriate
personnel files.
3.0 MAINTENANCE OF SAFE ENVIRONMENT;
PASTORAL CARE FOR VICTIMS
3.1 SAFE ENVIRONMENT PROGRAM
In order to guard against incidents of sexual abuse
of minors by personnel of the diocese, the diocese will establish and maintain
a Safe Environment Program designed to prevent, identify and respond to abuse,
and to provide appropriate education and training to diocesan personnel about
inappropriate behavior and warning signs of possibly abusive behavior. Education
and counseling opportunities are to be made available to church personnel
as a part of the diocese’s continuing education and training of church
personnel. Each new employee or volunteer will be provided with a copy of
this policy and the Code of Conduct and
will be required to read them and sign the acknowledgment forms.
3.1.1 BACKGROUND CHECKS
The Safe Environment Program will also evaluate the background of all diocesan
personnel who have regular contact with minors in their ministerial or
employment duties. Employee reference and criminal background checks will
be done through Mind Your Business, Inc. Volunteers will be screened through
Choice Point or their subsidiary, Volunteer Select.
3.1.2 DISQUALIFYING OFFENSES
No person may serve with children, youth or other protected persons if he
or she has ever been convicted of any disqualifying offense, been on probation
or received deferred adjudication for any disqualifying offense, or has
presently pending any criminal charges for any disqualifying offense until
a determination of guilt or innocence is made. This also applies to any
person who is presently on deferred adjudication.
Disqualifying offenses are:
3.1.2.1 Offenses or Adjudications against a person or
family: Examples of offenses against a person include,
but are not limited to: murder, assault, battery, rape,
sexual assault, stalking, and abandoning or endangering
a child. Examples of offenses against the family include,
but are not limited to bigamy, incest, sexual assault,
and sexual exploitation of a child or minor.
At all times, the diocese reserves the
right to include within the disqualifying offenses any and
all additional offenses or conduct determined to be inconsistent
with serving children, youth or other protected persons in
the diocese.
3.1.2.2 Offenses or Adjudications against
public order or decency: Examples of offenses against public
order or decency include, but are not limited to: prostitution,
stalking, sexual performance by a child, solicitation of
a minor, criminal pedophilia, promotion of prostitution of
a child or adult, possession or promotion of child pornography,
indecent exposure, dissemination of materials harmful to
minors, possession or sale of prepaid adult entertainment
telephone cards, sale of obscene pictures of children, and
any other similar offenses against public order or decency.
At all times, the diocese reserves the
right to include within the offenses against public order
or decency any and all additional offenses or conduct determined
to be inconsistent with serving children, youth or other
protected persons in the diocese.
3.1.3 SAFE ENVIRONMENT COORDINATORS
Each entity in the diocese will designate a Safe Environment Coordinator,
whose name is to be kept on file by the chancellor. Each entity of the
diocese will report annually on their compliance regarding the Safe Environment
Program to the diocesan coordinator. Each entity in the diocese will post
a copy of the Safe Environment Program in a conspicuous place and a copy
will be made available to anyone who requests one. Each parish in the diocese
will publicize a notice of the Safe Environment Program annually in their
bulletin and make it available for review. Updated March 5, 2007
The bishop of the Diocese of Rapid City
will appoint a Safe Environment director who will be responsible
for the implementation of the Safe Environment Program, compliance
with the policies and procedures set forth in this document
and assuring that the program is appropriately monitored.
3.1.4 CONFIDENTIALITY
Personnel records, information obtained through the employment
application, reference information, interviews, criminal
background checks, etc., should be kept confidential. It
is recommended that all material be kept in a locked file
cabinet and access to it be restricted to those who have
a "need to know." These materials may be destroyed
no sooner than ten years after the employee’s employment
is terminated, or the volunteer ceases his/her duties.
3.2 ASSISTANCE TO VICTIMS
The Diocese of Rapid City
recognizes that sexual abuse of minors often causes serious and
continuing emotional and psychological problems for the victim.
The diocese wants to reach out to these victims in the spirit
of concern which the Holy Father has personally expressed and
encouraged. The diocese is committed to providing victims of
such misconduct with appropriate professional assistance to address
the consequences of abuse by any personnel of the diocese.
The bishop of the Diocese
of Rapid City will appoint a victims assistance coordinator,
who will be notified of all allegations of sexual abuse against
a minor involving personnel of the diocese. The victims assistance
coordinator will advise the alleged victim of his/her rights
and the procedures to be implemented under this policy.
3.2.1 When credible accusations are made
of sexual misconduct with a minor involving any personnel of
the diocese, contact by the victims assistance coordinator
with the alleged victim and family will be promptly initiated.
Contact should be made for the purpose of offering whatever
concern or solace may be needed, with no comment as to the
truth of any accusation. Medical care, mental health services,
spiritual guidance and economic assistance may be offered in
the spirit of Christian justice and charity, to the extent
determined appropriate for the situation presented.
3.2.2 Under the direction of the victims
assistance coordinator, competent counselors and social workers
employed or designated by Catholic Social Services in western
South Dakota will offer appropriate assistance to persons who
make a credible claim that personnel of the diocese sexually
abused them when they were minors. This outreach will be made
regardless of whether the alleged abuse was recent or occurred
in the past. The outreach will include the offer of counseling,
spiritual assistance, support groups or other social services
agreed upon between the victim and the diocese. The diocese
will cooperate with local social service agencies and other
churches in promoting support groups for victims/survivors
and others affected by abuse.
4.0 DIOCESAN REVIEW BOARD
4.1 FUNCTIONS
The diocese will maintain a diocesan review board
that will function as a confidential consultative body to the
bishop of the Diocese of Rapid City in discharging his responsibilities.
The functions of this diocesan review board will include:
4.1.1 Advising the bishop in his assessment
of allegations of sexual abuse of minors and in his determination
of the suitability of priests or deacons for ministry or dismissal
from employment or service to the diocese of a lay person;
4.1.2 Regularly reviewing diocesan policies
for dealing with sexual abuse of minors; and Updated March
5, 2007
4.1.3 Offering advice on all aspects of
these cases, whether retrospectively or prospectively.
4.2 MEMBERSHIP
The diocesan review board will be composed of at
least five persons of outstanding integrity and good judgment in full communion
with the Church. The members will be appointed by the bishop on the basis
of their ability to bring to their deliberations a variety of relevant skills
and experience, which may include psychology, social work, children’s
rights, law enforcement, canon law, civil law, personnel administration and
pastoral care. The majority of the members will be lay persons who are not
in the employ of the diocese. At least one member will be a priest who is
an experienced and respected pastor of the Diocese of Rapid City. At least
one member should have expertise in treating individuals who have been sexually
abused as minors as well as family members of the abused. Each member will
be appointed for a term of five years, which may be renewed. The bishop may
designate a member to chair the diocesan review board.
5.0 PROCEDURES FOR REPORTING TO THE DIOCESE SUSPECTED SEXUAL ABUSE OF A MINOR OR FOR MAKING A COMPLAINT OF SEXUAL ABUSE
5.1 OBLIGATION TO REPORT SUSPECTED SEXUAL ABUSE; COMPLAINT PROCEDURE
Any personnel of the diocese, including, but not
limited to, mandated reporters as set forth in paragraph 13.1.1, who have
actual knowledge of or who have reasonable cause to suspect sexual misconduct
against a minor by any personnel of the diocese (including a priest or deacon),
must report that information (unless to do so would violate the priest/penitent
relationship of the Sacrament of Reconciliation). In addition to following
the laws of the State of South Dakota regarding reporting, the report must
be made to the bishop, the vicar general or the victims assistance coordinator
together with the diocesan attorney or the chancellor.
5.2 OPPORTUNITY TO REPORT
Any person, whether or not employed by the diocese,
who believes that he or she, when a minor, was subjected to sexual abuse by
any personnel of the diocese, or who obtains credible information about such
misconduct, is encouraged to report it immediately to the diocese. The report
should be made to the bishop, the vicar general or the victims assistance
coordinator of the diocese. The reporting statement should include the name
and contact information of the complainant, the name and position of the person
alleged to have engaged in the misconduct, and the details of the incident
or practice. The diocese will maintain a log of all such statements. The report
will be handled in confidence and no other personnel, including supervisory
personnel, will be advised of this action.
6.0 INVESTIGATION OF INCIDENT REPORTS; INTERIM PROTECTIVE MEASURES
6.1 NOTIFICATIONS OF REPORT
The vicar general or
the victims assistance coordinator, upon receiving a report
of sexual abuse against a minor by any personnel of the diocese,
will immediately notify the bishop of the Diocese of Rapid
City and the diocesan attorney. The report to the bishop must
be made within twenty-four hours, if possible. The diocesan
attorney will assure that all appropriate civil authorities
are immediately notified of every allegation of sexual abuse
of a minor by any personnel of the diocese. The diocese will
give notice of the report to insurers in accordance with the
terms of applicable insurance policies. Updated March 5, 2007
6.2 REQUIREMENT OF INVESTIGATION
When an allegation of sexual abuse of a minor by
any personnel of the diocese is received, a preliminary investigation will
be initiated and conducted promptly and objectively. In the case of a priest
or deacon, the investigation will be conducted in harmony with canon law,
including appointment of an investigator for this purpose. The diocese will
obtain legal advice, both civil and canonical, as soon as possible. (c. 1717)
6.3 CONFIDENTIALITY
All personnel of the diocese who are involved in
the investigation and disposition of the report of sexual abuse, including
the members of the diocesan review board, will refrain from publicly commenting
on the report. Any public statements about the report, or about any action
taken in response to it, may be made only with the explicit approval of the
bishop. Any media contact or inquiries regarding an incident of sexual misconduct
by personnel of the diocese must be directed to the diocesan director of communications.
6.4 INTERIM MEASURES
The bishop of the Diocese of Rapid City may immediately
remove any priest or deacon from the ministry temporarily and may immediately
suspend any lay employee or volunteer, if the circumstances appear to warrant
immediate action pending completion of the investigation. The alleged offender
may be urged to voluntarily comply with, or requested to seek, an appropriate
medical and psychological evaluation at a facility mutually acceptable to
the diocese and to the accused.
6.5 INVESTIGATION OF INCIDENT REPORTS
Each reported incident will
be promptly investigated under the direction of the diocesan
attorney. Care will be taken not to interfere with any confidential
or civil/criminal investigation. A high level of Christian care,
concern and confidentiality will be demonstrated for the alleged
victim, the family of the alleged victim, the person reporting
the incident and the alleged perpetrator. The diocese may elect
to retain a person with investigative expertise in any or all
cases of alleged abuse. A written report about the investigation
of the incident will be provided to the bishop of the Diocese
of Rapid City.
Unless circumstances
warrant otherwise in a particular instance, the investigation
will be conducted in accordance with the following guidelines:
6.5.1 PROCESS FOR INVESTIGATION
6.5.1.1 Any report of alleged sexual
abuse of a minor by any personnel of the diocese will be
referred immediately by the bishop or his representative
to the diocesan attorney, if the report was not made to the
diocesan attorney in the first instance. If the report was
made to the diocesan attorney in the first instance, the
diocesan attorney will refer the alleged victim to the bishop,
the vicar general or the victims assistance coordinator.
6.5.1.2 All appropriate steps will be
taken to protect the reputation of the accused during the
investigation. The accused will be encouraged to retain the
assistance of civil (and in the case of a priest or deacon,
canonical) counsel.
6.5.1.3 Promptly after receiving a report
of alleged sexual abuse of a minor, the diocesan attorney
will initiate an investigation of the allegation. (For purposes
of paragraphs 6.5.1.3 and 6.5.1.4, "diocesan attorney" includes
any person specially designated by the diocesan attorney
and acting under the direction of the diocesan attorney).
A canonical investigation will be initiated by the bishop
of the Diocese of Rapid City in accord with the norms of
Canons 1717-1719. The diocesan attorney will also report
the allegation to civil authorities as set forth in paragraph
13 below. If the alleged victim is not the source of the
report, the diocesan attorney will endeavor to contact the
alleged victim to obtain information directly from her or
him. The alleged victim and any other witnesses will be encouraged
to submit a written description of the incident or incidents,
but it will be made clear that the report will be investigated
even without a written complaint.
6.5.1.4 The diocesan attorney will attempt
to identify and contact any other persons, in addition to
the alleged victim, who may have relevant knowledge about
the allegation.
6.5.1.5 The diocesan attorney will promptly
notify the accused person about the substance of the report.
The diocesan attorney (and, in the case of a priest or deacon,
the bishop or vicar general) will interview the accused person
to obtain the response of the accused to the allegations
contained in the report. The accused person will be informed
of the right to obtain counsel in connection with the investigation
and any ensuing proceedings.
6.5.1.6 The diocesan attorney will immediately
notify the bishop or the vicar general of any information
developed in the course of the investigation that, in the
diocesan attorney’s judgment, warrants immediate attention.
The results of the diocesan attorney’s investigation,
even if not yet completed, will be conveyed to the bishop
and to the diocesan review board no more than thirty days
following the initial receipt of the report.
6.5.2 REPORT TO DIOCESAN REVIEW BOARD
The information conveyed to the diocesan review board by the
diocesan attorney must include the following information:
6.5.2.1 Background information about
the accused person including age, a description of the current
assignment, a general history of prior assignments and, if
applicable, date of ordination;
6.5.2.2 An anonymous reference to the
alleged victim (as well as to the person who initially submitted
the report, if not the alleged victim), describing the alleged
victim’s gender, current age and age at the time of
the alleged incident(s), marital status and current employment;
6.5.2.3 A complete and thorough recapitulation
of the facts as alleged by the victim or by any other person
who reported the alleged incident, including:
• The
circumstances that led to the person’s decision to
make the report, especially if the alleged incident occurred
a long time in the past; and
• Any professional psychological
counseling or treatment received by the alleged victim that
may be related to the alleged incident;
6.5.2.4 A copy of any written statement
submitted by the victim or any other person (with personally
identifying information redacted to preserve the anonymity
of the person);
6.5.2.5 A description of all efforts
to locate and contact any other persons with relevant knowledge
of the alleged incident, including any persons who may have
been suggested as witnesses by the accused;
6.5.2.6 A complete and thorough recapitulation
of the facts as reported by such other persons, including
the witness’s views about the probable credibility
of the allegations;
6.5.2.7 A description of further investigative
steps the diocesan attorney recommends be taken before the
diocesan review board makes any final recommendations to
the bishop; and
6.5.2.8 Any conclusions the diocesan
attorney wishes to offer about the weight of the allegations
and the reliability and credibility of any persons who submitted
information, including the alleged victim and the accused.
6.5.3 RECOMMENDATIONS BY REVIEW BOARD
6.5.3.1 After receiving the information
conveyed by the diocesan attorney, the diocesan review board:
• May
request that further information be pursued by the diocesan
attorney or by other personnel of the diocese or
• May
immediately proceed to make a recommendation to the bishop.
6.5.3.2 The recommendations the diocesan
review board may make to the bishop include (but are not
limited to) the following:
• The allegations are not
supported by sufficient evidence or otherwise are not credible
and the matter should be closed without adverse action regarding
the accused;
• The allegations appear credible, but
no final conclusions should be reached pending receipt of:
– A report of psychiatric or psychological
evaluation of the accused, if the accused is willing to
allow the release of such report to the diocesan review
board,
– A
similar report from the alleged victim’s professional
psychiatric or psychological counselor, if the alleged
victim is willing to authorize release of the report to
the diocesan review board, or
– Additional specific information
that still may be available; or
• The allegations appear to be supported
by sufficient, credible
evidence and steps should be taken:
– To remove the priest or deacon
from the ministry, either by consent (including retirement)
or in accordance with the procedures provided by canon
law, if the priest or deacon contests the findings, or
– To
terminate the employment of a lay employee or to terminate
the service of a lay volunteer.
6.6 DETERMINATION BY THE BISHOP
The
bishop of the Diocese of Rapid City and his College of Consultors
will review the written report reflecting the results of the
investigation as well as the recommendations of the diocesan
review board. If the alleged claim appears substantiated, and
after consultation with competent diocesan officials, the bishop
of the Diocese of Rapid City will notify the accused of the bishop’s
determination. The alleged perpetrator may be permitted to freely
resign from his/her ministry, or may be relieved from the exercise
of any function, responsibility or ministry and/or employment
in the diocese and placed on administrative leave pending the
outcome of any further investigation, including an outside investigation,
such leave to be with or without pay and/or benefits as the bishop
may decide.
6.7 NOTIFICATIONS OF DECISION
If the alleged perpetrator
is a clergyman incardinated in the Diocese of Rapid City, the
report and investigation will be referred to the bishop of the
Diocese of Rapid City in accordance with canon law and subject
to the provisions of Canon 1722.
6.7.1 If the alleged perpetrator is a clergyman
incardinated in another diocese, the bishop of the Diocese
of Rapid City will immediately refer the matter to his proper
Ordinary for deliberation or further action.
6.7.2 If the alleged perpetrator is a member
of a religious institute or a society of apostolic life, the
bishop will immediately contact the competent ecclesiastical
superior of such member for consultation on the proper procedure
to be followed.
6.8 RECORDS
The diocese will keep appropriate
written records of each reported incident, the investigation
and the results thereof. The records will be marked confidential
and be kept in a secure place, with access limited to the bishop
of the Diocese of Rapid City and other diocesan officials designated
by him on a strictly need-to-know basis. The records will be
maintained for a minimum of thirty years.
6.9 REPORT TO COMPLAINANT
Except in unusual circumstances, the diocesan attorney
will notify the person who submitted the complaint about the results of the
investigation and about any personnel action taken as a result of the investigation.
7.0 ACTIONS TO ADDRESS INCIDENTS OF
SEXUAL ABUSE OF MINORS BY PRIESTS
OR DEACONS
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. In addition, in appropriate cases,
other canonical penalties may be imposed, which may include
dismissal from the clerical state. Removal from ministry is
required even if the cleric is not diagnosed by qualified experts
as a pedophile or ephebophile or as suffering from any other
sexual disorder that may require professional treatment.
7.1 JURISDICTION
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; 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, assumes direct responsibility for the case
because of special circumstances, the bishop of the Diocese of Rapid City will
proceed according to the directives of the Congregation for the Doctrine of
the Faith (Article 13, "Procedural Norms" for Motu
proprio Sacramentorum sanctitatis tutela, AAS, 93, 2001, p. 787).
7.2 WAIVER OF PERIOD OF LIMITATIONS
Since sexual abuse of a minor
is a grave offense, if the case would otherwise be barred by
the statute of limitations prescribed by canon law, the bishop
of the Diocese of Rapid City will petition the Congregation for
the Doctrine of the Faith for a dispensation from this prescription,
while indicating appropriate pastoral reasons rendering so.
7.3 ASSISTANCE OF COUNSEL
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 or deacon. The provisions
of Canon 1722 will be implemented during the pendency of the penal process.
7.4 FINDING OF CULPABILITY
When there is sufficient evidence that sexual abuse
of a minor has occurred, the Congregation of the Doctrine of the Faith will
be notified. The bishop will then apply the precautionary measures mentioned
in Canon 1722; that is, the bishop will remove the accused from the sacred
ministry or from any ecclesiastical office or function, impose or prohibit
residence in a given place or territory, and prohibit public participation
in the Most Holy Eucharist, pending the outcome of the process.
7.5 SANCTION IN LIEU OF DISMISSAL FROM MINISTRY
If the priest or deacon has either admitted culpability
or been found culpable after a trial in accordance with canon law and if the
penalty of dismissal from the clerical state has not been applied for (e.g.,
for reasons of advanced age or infirmity) or prescribed by the tribunal after
a trial, the offender ought to lead a life of prayer and penance and agree
to a place of residence designated by the bishop. He will not be permitted
to celebrate Mass publicly or to administer the sacraments. He is to be instructed
not to wear clerical garb or to present himself publicly as a priest.
8.0 ADDITIONAL AUTHORITY OF THE
BISHOP TO TAKE ADMINISTRATIVE ACTION
In addition to the
sanctions that the bishop of the Diocese of Rapid City or the
Congregation for the Doctrine of Faith may impose under Sections
2, 6 and 7 of this policy, the bishop of the Diocese of Rapid
City has the executive power of governance, through an administrative
act,
8.0.1 To remove an offending cleric from
office, to remove or restrict his faculties and to limit his
exercise of priestly ministry (See Canons 35-58, 149, 157,
187-189, 192-195, 277 §3, 381, 383, 391, 1348, 1740-1747)
and
8.0.2 To limit, suspend or terminate the
employment of any "at will" lay employee and to terminate
the service of any lay volunteer.
8.1 "SINGLE INCIDENT" POLICY
Because sexual abuse of a minor is
a crime in all jurisdictions in the United States, for the sake
of the common good, and in observance of the provisions of canon
law, the bishop of the Diocese of Rapid City will exercise this
power of governance to ensure that any priest or deacon who
has committed even one act of sexual abuse of a minor as described
above will not continue in active ministry.
8.2 POSSIBLE ADMINISTRATIVE MEASURES
The bishop may exercise his executive power of governance
to take one or more of the following administrative actions relating to a
priest or deacon (cc. 381, 129ff):
8.2.1 He may request that the accused freely
resign from any currently held ecclesiastical office (cc. 187-189).
8.2.2 If the accused declines to resign,
and if the bishop judges the accused to be truly not suitable
(c. 149, §1) at the time for holding an office previously
freely conferred (c. 157), then he may remove that person from
office, observing the required canonical procedures (cc. 192-195,
1740-1747).
8.2.3 For a cleric who holds no office in
the diocese, any previously delegated faculties may be administratively
removed (c. 391, §1 and 142, §1), while any de lege
faculties may be removed or restricted by the competent authority
as provided in law (e.g., c. 764).
8.2.4 The bishop may also judge that circumstances
surrounding a particular case constitute just and reasonable
cause for a priest to be allowed to celebrate the Eucharist
with no member of the faithful present (c. 906); for the good
of the Church and for the priest’s own good, the bishop
may urge the priest to celebrate the Eucharist only under such
circumstances and not to administer the sacraments.
8.2.5 Depending upon the gravity of the
case, the bishop may dispense the cleric from the obligation
of wearing clerical attire and may prohibit him from doing
so (cc.85-88, 284). Any of these administrative actions will
be taken in writing and by means of decrees (cc. 47-58) so
that the cleric affected is afforded the opportunity of recourse
against them in accord with canon law (cc. 1734 ff).
9.0 LOSS OF THE CLERICAL STATE
A 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 Father
the dismissal of the priest or deacon from the clerical state
ex officio, even without the consent of the priest or deacon.
10.0 RESTRICTION ON TRANSFERS BETWEEN DIOCESES
10.1 TRANSFERS FROM THE DIOCESE
No priest or deacon who has committed an act of sexual
abuse of a minor may be temporarily or permanently transferred (released or
incardinated) for ministerial assignment to another diocese/eparchy or religious
province. Before a priest or deacon of the Diocese of Rapid City may be transferred
for residence to another diocese/eparchy or religious province, the bishop
will forward in a confidential manner to the local bishop/eparch and religious
ordinary (if applicable) of the proposed place of residence any and all information
concerning any act of sexual abuse of a minor and any other information indicating
that he has been or may be a danger to children or young people. This requirement
applies even if the priest or deacon will reside in the local community of
an institute of consecrated life or society of apostolic life (or, in the
Eastern Churches, as a monk or other religious, in a society of common life
according to the manner of religious, in a secular institute or in another
form of consecrated life or society of apostolic life).
10.2 TRANSFERS INTO THE DIOCESE
Before the bishop of the Diocese
of Rapid City receives a priest or deacon from outside his jurisdiction,
the bishop will obtain the necessary information regarding any
past act of sexual abuse of a minor by the priest or deacon in
question.
11.0 TRANSPARENCY; PROTECTION OF PERSONAL PRIVACY AND REPUTATION
11.1 DANGER OF FALSE ALLEGATIONS
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. If an accusation proves
to be unfounded, every step possible will be taken to restore
the good name of the person falsely accused.
11.2 PUBLICATION OF DIOCESAN ACTION
When an allegation of sexual
abuse of a minor is verified, the chancellor of the diocese,
with the assistance of the diocesan director of communications,
will publish an appropriate announcement of the action taken
in response to the abuse.
11.3 CONFIDENTIALITY AGREEMENTS
The diocese will not enter
into confidentiality agreements regarding allegations of sexual
abuse of minors except for grave and substantial reasons advanced
by the victim and noted in the text of the agreement.
12.0 OUTREACH TO AFFECTED PARISHES|
The bishop or his representative
will be responsible for taking immediate steps to assist and
support parish communities directly affected by ministerial
misconduct involving minors. This outreach will be accomplished
with the assistance of Catholic Social Services in western
South Dakota. The outreach may consist of a parish and/or school
meeting at the affected parish, an offer of counseling to members
of the affected community, an explanation of the response process,
or a notification to the affected community of the action taken
in response to the allegation.
13.0 COMPLIANCE WITH CIVIL LAWS; REPORTING TO CIVIL AUTHORITIES ALLEGATIONS OR SUSPICIONS OF ABUSE OR MALTREATMENT OF MINORS
The Diocese of Rapid
City will comply with all applicable civil laws with respect
to the reporting to civil authorities of all allegations of
sexual abuse of minors and will fully cooperate in their investigation.
The Diocese of Rapid City requires all personnel of the diocese
to comply with these requirements and appropriate sanctions
may be imposed for failure to do so. Failure to comply with
reporting requirements imposed by law can result in the assessment
of substantial fines against persons with relevant knowledge.
The diocese supports
any person’s
right to make a report to public authorities concerning such
allegations and, upon receiving an allegation of sexual abuse,
will inform such person of his/her right to do so. (See Paragraph
3.2 above.)
13.1 REPORTING INCIDENTS OF CHILD SEXUAL ABUSE OR MALTREATMENT OR ENDANGERMENT
13.1.1 OCCUPATIONS REQUIRED TO REPORT
All diocesan personnel are required to report suspected child abuse, including
sexual abuse, to the diocese as set forth in this policy. In addition, South
Dakota law requires that persons engaged in certain occupations report incidents
of suspected child abuse, including sexual abuse, to state or local authorities.
(See SDCL § 26-8A-3.) Occupations subject to these requirements include
the following: physicians, dentists, doctors of osteopathy, chiropractors,
optometrists, mental health professionals or counselors, podiatrists, psychologists,
religious healing practitioners, social workers, school counselors, school
officials, nurses, licensed or registered child welfare providers, employees
or volunteers of domestic abuse shelters, chemical dependency counselors,
coroners, or any safety-sensitive position as defined in subdivision SDCL § 23-3-64(2),
who have reasonable cause to suspect that a child under the age of eighteen
has been abused or neglected as defined in SDCL § 26-8A-2. These persons
shall report information in accordance with § 26-8A-6, 26-8A-7 and 26-8A-8.
Any person who fails to make the required report is guilty of a Class 1 misdemeanor.
(See SDCL § 26-8A-2.)
13.1.2 SUBSTANCE OF REPORT
The reporting requirements under South Dakota law are as follows: "The
reports required by §§ 26-8A-3 [See list under Sec.
13.1.2], 26-8A-6 [hospital personnel] and 26-8A-7 [public or
private school personnel] and by other sections of this chapter
shall be made orally and immediately by telephone or otherwise
to the state’s attorney of the county in which the child
resides or is present, to the Department of Social Services
or to law enforcement officers. The state’s attorney
or law enforcement officers, upon receiving a report, shall
immediately notify the Department of Social Services." (SDCL § 26-8A-8.) "A
report made pursuant to § 26-8A-8 to the Department of
Social Services shall include the name, address, date and place
of birth of the child, the name and address of the child’s
parents, guardian, custodian or responsible persons, the date
of the report, and the suspected or proven instances of child
abuse or neglect as defined in § 26-8A-2. The Department
of Social Services shall be the central registry for such information." (SDCL § 26-8A-10.)
13.1.3 REPORT WHERE SCHOOL EMPLOYEE BELIEVED
TO BE RESPONSIBLE FOR INJURIES
When a school employee is suspected of causing the abuse, the
report must first be made to the supervisory agent of the school
in which the school employee is employed. That supervisory
agent must immediately notify the child’s parent or guardian
of the report and then make the required oral and written reports
to the state or local authorities. The supervisory agent must
immediately notify the bishop or vicar general. The report
must include the information listed above, as well as the name
of the school employee suspected or believed to be responsible
for the injuries or maltreatment.
13.1.4 REPORT OF DANGER OF ABUSE
If any mandated reporter acting outside his/her professional
capacity or any other person has reasonable cause to suspect
or believe that a child under eighteen years of age is in
danger of being abused or has been abused or neglected, that
person may cause a written or oral report to be made to the
State of South Dakota or appropriate law enforcement agency.
(See SDCL § 26-8A-4.) "Any person who knows or
has reason to suspect that a child has been abused or neglected
as defined in § 26-8A-2 may report that information
as provided in § 26-8A-8.")
13.1.5 DEFINITION OF REASONABLE CAUSE
For purposes of these reporting obligations, "reasonable cause" means
a prudent estimation based on trustworthy information that an incident occurred,
is perceived as having occurred, or is in danger of occurring.
