By Jane Gargas
Yakima Herald-Republic
October 1, 2009
http://www.yakima-herald.com/stories/2009/09/30/catholic-diocese-releases-detailed-sex-abuse-policy
[read the policy regarding vulnerable adults]
[read the policy regarding sexual abuse of minors]
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| Father Robert Siler |
YAKIMA, Wash. -- It's more detailed and more in-depth -- and has five times more pages.
Plus, it's better, said the Rev. Robert Siler, Catholic Diocese of Yakima chief of staff.
The new diocesan Policy Regarding Sexual Abuse of Minors appeared on the diocese's Web site Wednesday.
"I think it's a good policy," Siler said. "It represents a lot of quality work and goes into great detail."
There are actually two policies, one covering abuse of minors and the other dealing with sexual misconduct with vulnerable adults.
Vulnerable adults are defined as those over age 18 who, because of physical, mental or emotional restrictions, may not be able to report abuse without assistance.
The policies contain concrete guidelines for what happens when a complaint is lodged against a Catholic cleric, employee or volunteer. It also details the role of the lay advisory board in following up any claims.
But Robert Fontana of the local chapter of Voice of the Faithful, a group interested in reforming the Catholic Church, was critical of what he saw as omissions.
"Both policies are problematic," he said. He said the possibility of cover-up by diocesan officials was not addressed nor was what happens to a priest after allegations are first made.
"Apparently the priest is not removed from ministry while being investigated. This gives the benefit of doubt to the cleric, and not the victim," Fontana said.
The policy regarding minors covers 20 pages, replacing a 2003 version, which was four pages.
Bishop Carlos Sevilla, Yakima Attorney Russell Mazzola, who is chairman of the Diocesan Lay Advisory Board, and Siler spent several years amending the old policy, with guidance from other members of the lay advisory board, which aids the diocese in assessing sexual allegations.
Every diocese in the country was directed to shore up sex abuse policies after a scandal erupted in Boston in 2002 over repeated offenses by priests. Yakima's policy, which was implemented in 1993, was then revised in 2003.
Siler said that members of the Voice of the Faithful made suggestions for the new policies as did representatives of Catholic Family and Child Services.
The policies require the diocese to hire a "professional responsibility coordinator," a lay person experienced in investigations and sexual abuse allegations, to follow up on any claims. That person is directed to report any alleged incident involving a minor first to law enforcement authorities and then to the Bishop and lay advisory board.
But Fontana thinks it's a conflict of interest for the Bishop to hire the coordinator. "This person ought to be accountable to the lay advisory board, not the bishop," he said.
A phone call to Mazzola, seeking comment about Fontana's objections, was not immediately returned Wednesday evening.
The two policies include a code of conduct. "This is very important: it clearly spells out how personnel should behave," Siler explained.
The code describes forbidden actions, such as taking an overnight trip alone with, or providing alcohol to, a minor, as well as tickling or wrestling. It also contains actions considered generally appropriate, such as brief hugs or holding hands with young children.
Siler said the main difference between the two policies is the penalty for those found guilty of or admitting to sexual abuse; if the victim is a minor, the cleric would be removed from ministry.
"It's one strike and you're out," Siler said.
However, if the victim is not a minor, the cleric will still be removed from ministry but it's possible, after treatment and expert recommendations, that he could return to his or her former post.
Fontana thinks the policies should spell out when the public would be informed about an incident of sex abuse.
Comments or suggestions on the polices, which are still in draft stages, will be welcome through Nov. 6.
Lay advisory board members will then review suggestions and comments. The board, which was formed six years ago, is composed of clergy and lay people.
Two new members were recently appointed to five-year terms on the board: Jorge Torres-Saenz of Yakima, a psychologist, and Mark Maiocco, M.D., a Yakima hospitalist.
In addition to Mazzola, other members are Monsignor John Ecker, vicar general of the Yakima diocese; Tom Dittmar of Yakima, retired from the Seattle Police Department, and Yvonne Smith of Wapato, retired executive director of the Yakama Nation Housing Authority.
After serving five-year terms, original members Caitlin Newman of Wenatchee and Roy Simms, M.D. of Yakima have resigned.
The diocese hopes to finalize the two policies by the end of December or early next year.
Jane Gargas can be reached at 509-577-7690 or jgargas@yakimaherald.com
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