Diocese nears $25 M in abuse settlement

By Elizabeth Hardin-Burrola
Gallup Independent
June 14, 2016

http://gallupindependent.com/

GALLUP – With the Diocese of Gallup’s Chapter 11 confirmation hearing slated for June 21, the diocese will take a huge step forward to receiving a final confirmation order for its plan of reorganization.

The plan’s monetary provisions will create a fund that is expected to range from more than $21 million to nearly $25 million. Once the professional fees in the case are paid – now listed at over $3.6 million – the balance will go to compensate 57 clergy sex abuse survivors who filed claims in bankruptcy court. Some of those abuse claimants are expected to receive settlements that may approach $300,000. In addition to the monetary settlements, many of the abuse claimants in the case are looking toward the implementation of 17 non-monetary provisions by the diocese. Those provisions — drawn up in negotiations between attorneys for the Gallup Diocese and attorneys and representatives for clergy sex abuse claimants — outline measures to help prevent clergy sexual abuse in the future.

Some of the non-monetary provisions have been the subject of previous articles. For example, Bishop James S. Wall will personally sign letters of apology to all abuse claimants and/or, if requested, to their immediate family members. Wall will also visit and speak at each operating Catholic parish or school in which abuse occurred or where identified abusers served.

New policies

The list of non-monetary provisions also includes the implementation of the following new policies or programs.

* The Gallup Diocese “shall prominently and visibly display a plaque (no smaller than 8.5 inches by 11 inches)” in each of its operating Catholic parishes and schools. The plaques will state: “This Parish (or school) is strongly committed to the emotional, physical, spiritual and moral wellbeing of all of its members. Abuse of any kind will not be tolerated.

* Representatives of the Gallup Diocese must no longer refer to clergy sex abuse claimants as “alleged” claimants, “alleged” victims or “alleged” survivors.

* The diocese will provide counseling “without delay” for all abuse claimants in the bankruptcy case.

* The diocese “will provide a mechanism for survivors to tell his or her story” if requested by the abuse survivor.

* Abuse claimants in the bankruptcy case will be provided a method of viewing their abuser’s personnel file electronically, but will not be allowed to duplicate any document from the file.

* Copies of the personnel files of the abusers, available for viewing by abuse claimants, will be destroyed one year after the effective date of the plan of reorganization.

* The list of non-monetary provisions must be posted on the diocesan website’s homepage for five years.

* The diocese must provide semi-annual reports to the plan’s trustee for two years regarding compliance of these non-monetary provisions. According to court documents, Omni Management Acquisition Corporation will act as trustee.

Continuation of policies

The list of non-monetary provisions also includes the continuation of the following policies the Gallup Diocese has previously had in place:

* The diocese will continue to “require and fund annual mandatory report training” for all its clergy and employees in active ministry.

* The diocese “shall comply with all applicable laws regarding the reporting of abuse” within its territory.

* The diocese shall not only “comply with all policies and procedures regarding child abuse and vulnerable person abuse” prevention, but the diocese must post those policies and procedures on its website. It was not stated if the diocese must post its Code of Ethics policy for clergy, employees and volunteers; the diocesan website used to post that information but no longer does.

* The diocese will publish a statement in its in-house publication, Voice of the Southwest, urging victims of sexual abuse to report their abuse to law enforcement and diocesan officials.

* The diocese will “identify and retain a person responsible for assisting victims of sexual abuse,” and that assistance will be offered in a timely manner. The current person is victims assistance coordinator pro tem Elizabeth Terrill.

* For at least 10 years after the plan’s effective date, the diocese must post on its website a list of credibly accused sexual abusers associated with the Diocese of Gallup. Currently, the diocese’s list of 31 names does not include four priests who worked in Gallup that have been named as credibly accused by other dioceses and religious orders; several clergy members named as abusers by claimants in the bankruptcy case; and several priests accused of sexually assaulting, harassing or propositioning adult victims.

* The diocese “shall continue to comply” with Article 3 of the U.S. Conference of Catholic Bishops’ Charter for the Protection of Children and Young People that states dioceses shall not require a confidentiality provision in settlement agreements, unless requested by the survivor. Although the charter was approved in 2002, the Diocese of Gallup has since signed an untold number of settlement agreements featuring confidentiality provisions.