2004 Audit Executive Summary:
Diocese of Rochester, New York
Bishop Matthew H. Clark
Previous Audit Conducted 9/15 –
19/2003
The information found herein represents conditions as they were found
to exist during the week of 9/13-17/2004.
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 two victim assistance coordinators. Fr.
Bob Ring was Director of Priest Personnel and Barbara Pedeville was a Case
Instructor in the Office of the Tribunal. Both have had course work in
psychology and sociology, have met and mentored with psychologists and
psychiatrists in the field. The diocese established a Review Board in 1993
and expanded the Board to 11 members in June 2002, following adoption of
the Charter. The Board includes three members with law enforcement
background (a retired sheriff, a Chief of Police and a retired FBI agent);
three attorneys ( a former District Attorney now in private practice, a
retired advocate from Family Court, a clergy member who is a former
Barrister in London, England); four with mental health backgrounds(three
in private practice with significant specialization in the treatment of
the victims of abuse and one who is a practicing psychiatrist); and
Promoter of Justice for the diocese. 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
confidentiality agreements during the audit period.
The diocese has reported
all allegations of sexual abuse of a minor 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 received any accusations against a priest or a
deacon during the audit period which were 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. 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 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 support
all parish communities directly affected by ministerial misconduct
involving minors.
The diocese has fully implemented a "safe environment"
education program. The educational program for children is “Creating a
Safe Environment Program for Children and Youth”; the educational program
for parents is “Creating a Safe Environment Training Program for Parents
and Guardians”; the educational program for ministers and diocesan
employees is “Preventing and Pastorally Responding to Sexual Abuse,
Exploitation and Harassment”; the educational program for educators is
“Creating a Safe Environment Training Program for Teachers and
Administrators”; and the educational program for others is “Creating a
Safe Environment Training Program for Volunteers.” 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.
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.