2004 Audit Executive Summary:
Archdiocese of New York
Edward Cardinal Egan
Previous Audit Conducted
8/25-29/03
The information found herein represents conditions as they were found
to exist during the week of 9/6-10/04.
The Archdiocese has a policy on the
prevention of sexual abuse of minors by clergy. The Archdiocese provides
outreach designed to offer pastoral care to victims/survivors and their
families. The Archbishop 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 Archbishop or his delegate has
directed outreach to all faith communities in which the sexual abuse
occurred. The Archdiocese 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 Archdiocese has two victim assistance coordinators, Msgr. Desmond
O’Connor and Sr. Eileen Clifford. Msgr. O’Connor holds a Masters in
Divinity and was a principal of a seminary, parish priest, pastor in three
parishes, prison chaplain, and director of youth activities, before his
current position as Archdiocesan Director of Priest Personnel. Sr.
Clifford holds B.A. in Education and Masters in Educational
Administration. She has been a high school principal, Vice-Chancellor, and
has experience in family counseling and human sexuality counseling.
The Archdiocese established in 2002 a Review Board which consists of
nine members. The members include three attorneys, an Assistant Director
at John Jay College of Criminal Justice, a woman religious, a medical
doctor, a psychiatrist, a monsignor, and a bishop. The Board serves as a
confidential consultative body to the Archbishop.
The procedures for making a complaint of abuse are readily available in
printed form, and are the subject of periodic public announcements. The
Archdiocese has not entered into a confidentiality agreement during the
audit period.
The Archdiocese reported all allegations of sexual abuse
of a minor to public authorities since the last compliance audit. The
Archdiocese has complied with all applicable civil laws with respect to
the reporting of allegations of sexual abuse of minors to civil
authorities. The Archdiocese has established effective liaison with civil
authorities, ensuring that an open dialogue regarding sexual abuse
allegations will occur. The Archdiocese cooperates with public authorities
about reporting in cases when the person is no longer a minor. In all
instances, the Archdiocese 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 Archdiocese
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 Archdiocese 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
Archdiocesan policies provide that the offending priest or deacon be
permanently removed from ministry. The Archdiocese 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 Archdiocese
supplies canonical counsel to a priest or deacon.
If the penalty of dismissal from the clerical state has not been
applied, the Archdiocese directs the offender to lead a life of prayer and
penance. The Archdiocese does not allow the offender to celebrate Mass
publicly, to administer the sacraments, or to present himself publicly as
a priest.
The Cardinal has established clear and well-publicized standards of
ministerial behavior for priests and deacons. A communications policy is
in effect which reflects the Archbishop’s pledge to be open and
transparent on issues regarding the sexual abuse of children. The
Archdiocese does assist and support all parish communities directly
affected by ministerial misconduct involving minors.
The Archdiocese has implemented a "safe
environment" education program, however, at the time of the audit it could
not be determined how many educators, volunteers, or employees they had,
nor could it be determined how many had been trained. Required Action #1
was issued. The educational program for children is Catholic Community:
Right, Safe, and Good Relationships; the educational program for
parents is A Safe Environment Program For Parents; the educational
program for ministers, educators, and others is Virtus (“Protecting
God’s Children”).
The Archdiocese has clear and well publicized standards of conduct for
persons in positions of trust with regard to sexual abuse. The Archdiocese
conducts background evaluations for all Archdiocesan and parish personnel
who have regular contact with minors. However, the Archdiocese was not
able to furnish a reliable number of employees or volunteers who are
required to have evaluations conducted and was not able to identify the
number of educators who have had evaluations completed. Required Action #2
was issued. The Archdiocese employs adequate screening and evaluative
techniques in deciding the fitness of candidates for ordination.
The Archdiocese 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 Archdiocese has not
transferred any priest or deacon who has had a credible allegation of
sexual abuse made against him to another diocese/eparchy for residence
since the last audit..
The Archbishop, or his designee, has coordinated with major superiors
of men with a presence in the Archdiocese concerning addressing the issue
of allegations of sexual abuse of minors by clergy. The Archdiocese has
participated in research with other institutions in the area of sexual
abuse. The Archdiocese 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 Archdiocese was found to be compliant with all
articles of the Charter for the Protection of Children and Young
People with the exception of Articles numbered 12 and 13. The
following Required Actions were issued:
REQUIRED ACTION # 1 (Article 12) - The Archdiocese will provide
the Gavin Group of the number of employees, educators and volunteers
required by the Charter to receive safe environment training and
the number who have received such training.
REQUIRED ACTION #2 (Article 13) - The Archdiocese will provide
the Gavin Group of the number of employees and volunteers required by the
Charter to receive background evaluations and the number of
employees, educators and volunteers who have received such evaluations.
Compliance with the Charter as of December 31, 2004
As of December 31, 2004, the Archdiocese of New York had satisfactorily
completed the required actions. The archdiocese is found to be compliant
with all articles of the Charter for the Protection of Children and
Young People.