Diocese of Saginaw
May 30, 2003

I. INTRODUCTION

The response of the Diocese of Saginaw to any allegations of sexual misconduct by clergy, lay employees, or others authorized to act on behalf of the Church, must be based on the Gospel values of justice, dignity and compassion. Care is to be taken that all persons involved will be ministered to in a manner that responds to their rights and needs. The well-being of victims, their families, the community as a whole, and the accused must be included in the Church's response.

In order for the Church to address the concern of sexual abuse of minors in a more concerted effort, the United States Conference of Catholic Bishops established and approved a Charter for the Protection of Young People, and adopted Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons, at their meeting on November 13, 2002. The recognition of the Apostolic See was received on December 8, 2002. This Policy from the Diocese of Saginaw is based on the approved Charter in connection with the Norms.

The Diocese of Saginaw has formulated this Policy to provide education and seek prevention of sexual abuse of minors[i], to repair whatever damage has been done to those abused and their families, to bring the healing ministry to the Church to bear wherever possible, and to protect all diocesan and parish personnel from false accusations. The Diocese will reach out to those who have been abused by providing counseling, spiritual assistance, and social services.

II. ESTABLISHMENT OF A REVIEW BOARD

A. The Diocese will maintain a Review Board which acts as a confidential, consultative body, and whose functions include:

1. Advising the Bishop in his assessment of allegations of the sexual abuse of minors by priests or deacons;

2. Reviewing on a regular basis the policies of the Diocese for dealing with allegations of the sexual abuse of minors, and recommending to the Bishop any modifications, if appropriate; and

3. Offering advice on all aspects of these cases.

B. The Review Board will be comprised of at least five persons of integrity and good judgment. The majority of the Review Board members will be lay persons who are not employed by the Diocese. At least one member will have particular expertise in the treatment of the sexual abuse of minors, and at least one member will be a priest. The members will be appointed for a term of five years, which can be renewed.

III. APPOINTMENT OF AN ASSISTANCE COORDINATOR

A. The Diocese will appoint an Assistance Coordinator who will aid in the immediate pastoral care of persons who claim to have been sexually abused when they were minors by priests or deacons.

B. The Assistance Coordinator will develop and coordinate an outreach to every person known to have been the victim of sexual abuse as a minor by anyone acting in the name of the Church, whether the abuse was recent or occurred many years in the past. This outreach will provide a provision for counseling, spiritual assistance, support groups and other social services. The Diocese will cooperate with social service agencies and churches to encourage support groups for victims/survivors and others affected by abuse in the Diocese.
IIIV. INITIAL RESPONSE TO ALL COMPLAINTS AND ALLEGATIONS

A. All Diocesan personnel required by Michigan law (Appendix A) to report the sexual abuse of a person who is a minor (person under 18 years of age) shall do so according to law.

B. All Diocesan personnel who suspect the sexual abuse of a minor by a priest or deacon shall report to the Vicar General or his designee, following the procedures stated in IV.C which follows.

C. Every allegation shall be reported promptly to the Vicar General (or his designee) and shall provide the known details of the allegation, including the identity and means of contacting the person making the complaint or allegation. The Vicar General (or his designee) will refer the person alleged to have been abused (or his/her representative or guardian) to the Assistance Coordinator.

D. In every instance, the Vicar General (or his designee) will advise the person making the complaint or allegation (or his/her representative) of their right to make a report to public authorities and will support this right. The Diocese will also inform the person that the Diocese has a procedure to be followed in such situations, and will provide the person making the complaint with a copy of the Diocesan Policy and Procedures.

E. The Diocese will cooperate in any public investigation in accord with the law. The clergy and laity must comply with the Child Protection Law (Appendix A). The clergy must also comply with Church Law.

F. The Vicar General (or his designee) will cooperate with public authorities on reporting cases when the person alleges to have been abused as a minor, but is no longer a minor, if the person making the complaint or allegation consents.

G. The person about whom the allegation is made (the accused) will be promptly advised of the allegation and will also be advised of his canonical and civil rights. At all times, the Bishop has the executive power of governance to take temporary measures restricting the priestly ministry of the accused, in accord with canonical procedures.

H. The procedures for those making a complaint will be readily available and will be the subject of periodic public announcements. (Appendix C)

V. THE SPECIFIC ISSUES IN THE INVESTIGATION OF COMPLAINTS AND ALLEGATIONS REGARDING CLERGY

A. After receiving the allegation of sexual abuse of a minor by a priest or deacon, the Vicar General (or his designee) will present the complaint or allegation to the Bishop and the Review Board for a preliminary investigation in harmony with canon law. The investigation will be initiated and conducted promptly and objectively. It is the intent of the Diocese of Saginaw to use independent investigators experienced in the area of sexual abuse cases. Appropriate steps will be taken to protect the reputation of the accused during the investigation. In a case where the accuser has made his/her accusation public, the Diocese will confirm that the accusation has been received, that it has been reported to the public authorities, and that it is being investigated. The accused will be encouraged to retain the assistance of canonical and civil counsel and will be promptly notified of the results of the investigation.

B. If the Bishop, in consultation with the Review Board, determines an accusation to be unfounded or false, the preliminary investigation will be concluded. The Bishop and/or the Review Board will prepare a written report that will then be communicated to the alleged victim, the accused, and the legal counsel for the Diocese. Reasonable steps will be taken to restore the good name of the person falsely accused.

C. The Bishop, in consultation with the Review Board, may in unfounded or unsubstantiated cases, offer care and assistance to those involved.

D. If the Bishop, in consultation with the Review Board, concludes there is sufficient evidence that sexual abuse of a minor has occurred, the Bishop and/or the Review Board will prepare a written report, and the Bishop (or his designee) shall notify the congregation for the Doctrine of the Faith, which will make the decision whether to process the case itself or remand the case to the local Diocesan Tribunal for disposition. The fact of this notification will be communicated to the person alleged to have been abused (or his/her representative or guardian). The Bishop will then apply the canonical precautionary measures, which may result in the following actions: removing the accused from the sacred ministry or from any ecclesiastical office or function, imposing or prohibiting residence in a given place or territory, and prohibiting him from publicly presiding at the Eucharist pending the outcome of the process. The alleged offender may be requested to seek, and may be urged voluntarily to comply with an appropriate medical and psychological evaluation at a facility mutually acceptable to the diocese and to the accused, as long as this does not interfere with any investigation by civil authorities.

E. Where even a single act of sexual abuse of a minor by a priest or deacon (past, present, or future) is admitted or is established after an appropriate process in accord with canon law, the offending priest or deacon will be permanently removed from ecclesiastical ministry, and may include laicization if the case so warrants.

1. In every case involving canonical penalties, the process provided for in canon law must be observed. In some cases the statute of limitations may have expired. If that is so, and because sexual abuse of a minor is a grave offense, the Bishop may apply to the Congregation for the Doctrine of the Faith for a dispensation from the Canonical statute of limitations, while indicating appropriate pastoral reasons.

2. The accused will be encouraged to retain the assistance of civil and canonical counsel. When necessary, the diocese will supply canonical counsel to a priest.

3. If the penalty of laicization has not been applied (for example, 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 Eucharist publicly or to administer the sacraments. He will be instructed that he is forbidden to wear clerical garb, or to present himself publicly as a priest.

4. The Vicar General (or his designee) will report the results of the process to the person abused (or his/her representative or guardian), parish leadership (where applicable), and a religious order superior (where applicable).

5. The Vicar General (or his designee) will authorize appropriate assistance (including, for example, pastoral and professional care) to the abused person, or his/her family, the affected community, and the offender, in consultation with the Review Board.

F. If the accused is acquitted of the charge, the Bishop, according to canon law, can provide for the public good and for the good of the accused by means of appropriate admonitions and other ways of pastoral care.

G. An offending 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.

H. An offending priest or deacon will be offered a professional course of treatment for his healing and well-being, as well as for the purpose of preventing any future offenses.

I. The Diocese will not enter into any confidentiality agreements except for grave and substantial reasons brought forward by the abused person and noted in the text of the agreement and upon agreement of the parties. However, all matters brought to the attention of the Assistance Coordinator and/or the Review Board will be considered confidential, except as required by law or by this policy.

VI. PREVENTIVE MEASURES

A. The Diocese will establish clear and publicized standards of ministerial behavior and appropriate boundaries for clergy and for any other church personnel in positions of trust who have regular contact with minors.

B. In cooperation with parents, civil authorities, educators, and community organizations, the Diocese will establish a Safe Environment Program to provide education and training for children, youth, parents, clergy, ministers, educators, and others about ways to create and maintain a safe environment for children. The Diocese will provide education for clergy and members of the community on the standards of conduct for clergy and other persons of trust with regard to sexual abuse.

C. The Diocese will evaluate the background of all diocesan and parish personnel who have regular contact with minors while acting in the name of the Church. Specifically, the Diocese will use the resources of law enforcement and other community agencies. The Diocese will use reasonable screening and evaluative measures in deciding the fitness of candidates for ordination.

D. Any priest or deacon who has committed an act of sexual abuse of a minor may not be transferred for ministerial assignment to another diocese or religious province. Before a priest or deacon (who has committed an act of sexual abuse of a minor) can be transferred for residence to another diocese or religious province, the Bishop shall forward, in a confidential manner, to the local bishop and religious ordinary (if applicable) of the proposed place of residence, all information concerning any act of sexual abuse of a minor and any other information indicating that the priest or deacon has been or may be a danger to children or young people. This will apply even if the priest or deacon will reside in the local community of an institute of consecrated life or society of apostolic life. When receiving 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.

APPROVED MAY 30, 2003


Most Reverend Kenneth E. Untener

Bishop of Saginaw

This policy on the Sexual Abuse of Minors supersedes and replaces the policy approved on September 14, 1989. A copy of this policy has been filed with the United States Conference of Catholic Bishops. Copies of any further revisions or amendments will be filed with the United States Conference of Catholic Bishops within three months of such revision or amendment

[i] The definition of sexual abuse is from Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons, November 13, 2002. Preamble, Paragraph 4:

"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. Sexual abuse has been defined by different civil authorities in different ways, and these norms do not adopt any particular definition provided in civil law. Rather, 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 (USCCB, "Canonical Delicts Involving Sexual Misconduct and Dismissal From the Clerical State", 1995, p.6). A canonical offense against the Sixth Commandment of the Decalogue (Code of Canon Law, Canon 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 offence is presumed upon external violation . . . unless it is otherwise apparent" (Latin Canon 1321, #3). Cf. Latin Canons 1322-27.

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APPENDIX A

Child Protection Law (MCLA 722.621 et seq)

A. Requires reporting of "certain persons" of "child abuse" and "neglect".

B. Permits reporting of abuse and neglect by all persons.

C. Those who must report: ? Audiologist ? Certified Social Worker ? Dentist ? Law Enforcement Officer ? Licensed Professional Counselor ? Marriage and Family Therapist ? Medical Examiner ? Member of the Clergy ? Nurse ? Person licensed to provide emergency medical care ? Physician's Assistant ? Physician ? Psychologist ? Registered Dental Hygienist ? Regulated Child Care Provider ? School Administrator ? School Counselor ? Social Work Technician ? Social Worker ? Teacher

D. When do you report? When any of the above individuals has "reasonable cause to suspect child abuse or neglect."

E. Time for Reporting - Immediately by telephone or otherwise, and in writing within 72 hours after making an oral report.

F. To whom should the report be made? Family Independence Agency (FIA) - County Office. Also to "person in charge" of a hospital, agency or school. ALL Family Independence Agencies and phone numbers for the eleven counties in the Diocese of Saginaw are listed by COUNTY in Appendix B.

F. How to Report - By telephone, an oral report, immediately followed by a written report within 72 hours after making the phone report. (The Family Independence Agency will take information from you and you receive the form to be filled out from them. Most schools have the report forms on file.)

G. Content of written report: Name of child and description of abuse or neglect. If possible, name and address of parents, guardian (if any), persons with whom the child resides and child's age. Cause of abuse or neglect, if available. Manner of abuse or neglect.

H. Child is a person under 18 years of age.

I. Neglect includes failure to provide adequate food, clothing, shelter or medical care.

J. Child abuse includes harm or threatened harm to a child's health or welfare by a parent, a legal guardian, or any other person responsible for the child's health or welfare, or by a teacher or teacher's aide, that occurs through non-accidental physical or mental injury; sexual abuse; sexual exploitation; or maltreatment.

K. Liability for reporting: Identity - confidential (however, you may be called for court proceedings if the case goes to court) Immune from civil or criminal liability - if acting in good faith (which is presumed)

M. Written reports that are filed - Confidential, available only to police, physician, court, etc.

N. Rights of the Accused - To expunge, alter records, etc. if mistake made, that is, "no relevant and accurate evidence of abuse or neglect is found to exist".

O. Duty to Cooperate - Schools and other institutions shall cooperate with the Department during an investigation including: ? Allowing access to child without parental consent; ? However, parents shall be notified of contact; ? No strip searches without a court order.

P. Limits of Privileged Communications to a Member of the Clergy - "A member of the clergy is not relieved from reporting suspected child abuse or child neglect except under the very narrow circumstances where a member of the clergy learns of the suspected child abuse or child neglect during a privileged 'confession or similarly confidential communication' while the member of the clergy is acting in his or her professional capacity."

Q. Penalties for failure to report: ? Civil: liable for damages proximately caused by failure to report. ? Criminal: misdemeanor.

APPENDIX B

Michigan Department of Social Services Now Referred to as Family Independence Agency (FIA)

To report a suspected instance of child abuse and neglect, contact the Michigan Department of Human Services (formerly the Family Independence Agency) in your local area in the following locations or your local police authorities:

ARENAC COUNTY 3709 Deep River Road 1475 S. Bamber Road Standish, MI 48658

ISABELLA COUNTY Mt. Pleasant, MI 48858 989-846-4551 989-772-8400

BAY COUNTY MIDLAND COUNTY 1399 W. Center Road 1509 Washington St. Essexville, MI 48731

MIDLAND COUNTY P.O. Box 1609 989-895-2147 Midland, MI 48641 989-839-1100

CLARE COUNTY 725 Richard Drive Harrison, MI 48625

SAGINAW COUNTY 411 E. Genesee Street 989-539-4260 P.O. Box 5070 Saginaw, MI 48605 989-758-1500

GLADWIN COUNTY 250 N. State Street Gladwin, MI 48624

SANILAC COUNTY 989-426-3300 515 S. Sandusky Road Sandusky, MI 48471 810-648-4420

GRATIOT COUNTY 201 Commerce Drive Ithaca, MI 48847

TUSCOLA COUNTY 989-875-5181 1365 Cleaver Road Caro, MI 48723 989-673-9100

HURON COUNTY 1911 Sand Beach Road Bad Axe, MI 48413 989-269-9201

APPENDIX C

Reporting the Sexual Abuse of Minors By Any Person Acting With the Authority of the Church

The Roman Catholic Diocese of Saginaw has a policy regarding the reporting of and dealing with the sexual abuse of minors. Any person having reasonable cause to suspect sexual abuse of a minor by a member of the clergy, that is a priest or a deacon, or by any person acting under the authority of the Catholic church, is urged to immediately contact the Vicar General of the Diocese of Saginaw in person, by mail, or by telephone [(989) 797-6614 or (989) 799-7910]. Confidentiality will be maintained as far as possible. The report should include details of the suspected abuse, such as the name of the minor, the name of the suspected abuser, names of witnesses or possible witnesses, date and place of the incident or occurrence, and any additional relevant information. A report may also be made to the Family Independence Agency for your county. The list of Family Independence Agencies for the eleven counties that are included in the Diocese of Saginaw are in Appendix B.

According to Michigan Law, certain people, such as priests, doctors, teachers, and nurses are required by Michigan Law to report suspected abuse of minors directly to their respective Family Independence Agency, as well as, to the person in charge of the relevant parish, hospital, agency, or school. The procedure outlined above is not intended as a substitute for the obligations to report for the people in those professions or for those listed as mandatory reporters under Michigan Law.

Please help to protect our children. And please help your Church address this situation by cooperating to the fullest extent possible. We need your help to respond to and report any suspected child abuse.