2004 Audit Executive Summary:
Diocese of Kalamazoo
Bishop James A. Murray D.D.
Previous Audit Conducted
10/13-17/2003
The information found herein represents conditions as they were found
to exist during the week of October 4-8, 2004.
The diocese has a policy on the
prevention of sexual abuse of minors by clergy. The diocese provides
outreach designed to offer pastoral care to victims/survivors and their
families. The bishop or his representative has met with, or offered to
meet with all victims/survivors who have reported allegations of abuse
since the last compliance audit. The bishop or his delegate has directed
outreach to all faith communities in which the sexual abuse occurred. The
diocese has a mechanism in place to respond promptly to any allegation
where there is reason to believe that sexual abuse of a minor occurred.
The diocese has a victim assistance coordinator, Ed Carey, has
extensive training in stress management and crisis intervention. The
diocesan Review Board was established in September 2002, and now consists
of eleven members. The members include a retired Probate Judge, a retired
FBI agent, two attorneys, a psychologist, two parish pastors, two female
parishioners/volunteers, and two social workers. The Board serves as a
confidential consultative body to the bishop.
The procedures for making a complaint of abuse are readily available in
printed form, and are the subject of periodic public announcements. The
diocese has not entered into any confidentiality agreements during the
audit period.
The diocese would report all allegations of sexual abuse
of a minor to public authorities however, there were no allegations during
the audit period. The diocese complies with all applicable civil laws with
respect to the reporting of allegations of sexual abuse of minors to civil
authorities. The diocese has established effective liaison with civil
authorities, ensuring that an open dialogue regarding sexual abuse
allegations will occur. The diocese cooperates with public authorities
about reporting in cases when the person is no longer a minor. In all
instances, the diocese advises victims/survivors of their right to report
allegations of abuse by a member of the clergy to civil authorities.
When an allegation of sexual abuse of a minor by a priest or deacon is
received, a preliminary investigation, in harmony with canon law, is
initiated. If a preliminary investigation so indicates, the diocese
notifies the Congregation for the Doctrine of Faith and applies the
precautionary measures mentioned in CIC, canon 1722, or CCEO, canon 1473.
When accusations against a priest or a deacon are proven to be unfounded,
the diocese takes steps to restore the good name of the priest or deacon.
When sexual abuse of a minor by a priest or a deacon is admitted or
established after an appropriate process in accord with canon law, the
diocesan policies provide that the offending priest or deacon be
permanently removed from ministry. The diocese offers professional
assistance to offending priests or deacons.
In every case involving canonical penalties, the processes provided for
in canon law are observed. Accused clergy are encouraged to retain the
assistance of civil and canonical counsel. When necessary, the diocese
supplies canonical counsel to a priest or deacon.
If the penalty of dismissal from the clerical state has not been
applied, the diocese directs the offender to lead a life of prayer and
penance. The diocese does not allow the offender to celebrate Mass
publicly, to administer the sacraments, or to present himself publicly as
a priest.
The diocese has established clear and well-publicized standards of
ministerial behavior for priests and deacons. A communications policy is
in effect which reflects the bishop's pledge to be open and transparent on
issues regarding the sexual abuse of children. The diocese does assist and
support all parish communities directly affected by ministerial misconduct
involving minors.
The diocese has a fully implemented a "safe environment"
education program. The educational program for children is “Talking About
Touching”. The program for ministers, employees, educators, volunteers and
parents is the Virtus program “Protecting God’s Children”. The diocese has
clear and well publicized standards of conduct for persons in positions of
trust with regard to sexual abuse. The diocese conducts background
evaluations for all diocesan and parish personnel who have regular contact
with minors, using appropriate law enforcement resources where permissible
however, the numbers of background investigations conducted for educators,
employees, and volunteers must be verified. A Required Action was issued.
The diocese does employ adequate screening and evaluative techniques in
deciding the fitness of candidates for ordination.
The diocese has not transferred any priest or deacon who has had a
credible allegation of sexual abuse made against him to another
ministerial assignment since the last audit. The diocese has not
transferred any priest or deacon who has had a credible allegation of
sexual abuse made against him to another diocese for residence since the
last audit.
The bishop, or his designee, has coordinated with major superiors of
men with a presence in the diocese concerning addressing the issue of
allegations of sexual abuse of minors by clergy. The diocese has not had
the opportunity to participate in research with other institutions in the
area of sexual abuse. The diocese has developed a systematic ongoing
formation program in keeping with the Basic Plan for the Ongoing
Formation of Priests.
At the conclusion
of this compliance audit, the diocese was found to be compliant with all
articles of the Charter for the Protection of Children and Young
People with the exception of Article 13. The following Required Action
was issued:
REQUIRED ACTION # 1:
ARTICLE: 13 Background Investigations
Required Action: The dioceses is to provide the actual
number of educators, employees and volunteers; the number in each group
who have received background investigations; and a schedule for the
completion of those who have not had backgrounds conducted.
Compliance with the Charter as of December 31, 2004
As of December 31, 2004, the Diocese of Kalamazoo had satisfactory
completed the required action. The diocese is found to be compliant with
all articles of the Charter for the Protection of Children and Young
People.