2004 Audit Executive Summary:
Diocese of Nashville
Diocesan Administrator Reverend David Choby
Previous
Audit Conducted October 13-17, 2003
The information found herein represents conditions as they were found
to exist during the week of November 1-5, 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 not had an
opportunity to direct outreach to any faith communities in the diocese
because no faith communities were directly affected during this audit
period. 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, Deacon
Hans M. Toecker, has a Bachelor of Science Degree in Social Work and an
MBA. The diocese established in 2002 a Review Board which consists of
eight members. The members include a federal judge; the wife of the
governor of Tennessee; the mother of a son sexually abused by a former
priest; the program director of the Nashville Rape and Sexual Abuse
Center; a local medical doctor; a local business man; a local pastor; and
the diocesan Vicar General. 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
a confidentiality agreement during the audit period.
The diocese would have
reported all allegations of sexual abuse of a minor to public authorities
however there were none since the last compliance audit. 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. The diocese has not had an occasion when
accusations against a priest or a deacon are proven to be unfounded.
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. Diocesan policy allows for the appointment of
canonical counsel to a priest or deacon upon request.
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 would assist
and support all parish communities directly affected by ministerial
misconduct involving minors.
The diocese has fully implemented a "safe environment"
education program. The educational programs for children are “Safe@Last,
Teen Talk, Sex Abuse - Its Just Not Kids Stuff, and Sexual Abuse is not a
Respector of Persons”; the educational program for parents, ministers,
educators, and others is “The Protection of Our Youth and Maintaining a
Safe Environment – The Duty to Report Child Abuse and Neglect.” 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. The diocese employs 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.
During the audit period, the bishop, or his designee,
has had the opportunity to coordinate 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 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.