Response Process
Because each case is distinct, the following is a general outline of the response process for an allegation of sexual abuse but it is not a procedure to be followed in the same way for each unique case.
While any investigation by civil authorities is being conducted, any internal investigation will be suspended.
If at any time during the course of implementing these procedures, civil or criminal proceedings are initiated against the accused member, these procedures will be suspended immediately, to be resumed if deemed necessary, only after the completion of the civil or criminal proceedings.
- Initial response
- The Major Superior is immediately informed.
- If not already reported, the Representative should promptly comply with any mandatory reporting law of the jurisdiction where the alleged incident occurred, regardless if the accused is currently a member or not, is alive or not. If the Representative is unclear about his reporting duty, counsel should be consulted before proceeding.
- The Major Superior will remove the member immediately from ministry and from any position of access to minors in the event of an accusation. Since minors are involved, removal, pending the legal outcome of the case, is mandatory and no unsupervised contact is permissible.
- A written record will be kept of all contacts Representative has with the person making the complaint and the accused member. Files and documents will be property of the Commissariat.
- The Major Superior or his Representative will initiate communication with appropriate arch/diocesan personnel or agencies, as well as the religious community and/or the faith community leadership where the accused Member has lived/ministered, where appropriate. However, when the accused member has lived/ministered at Pine Haven or similar institutions, the Major Superior or his Representative, in communicating with Pine Haven and about Pine Haven, will instead follow the approach (policies and procedures) used by Pine Haven for its employees and volunteers.
- Major Superior will contact Human Resources at Pine Haven and the local Superior
- Complainant/Alleged Victim
- The Representative will offer to meet with the person making the accusation and his/her family. Compassion and pastoral concern will mark any contact with the complainant and/or alleged victim.
- The Representative will notify the person making the accusation that the Commissariat has a set of procedures to be followed. The victim will be given a Victim’s guide which explains how the Commissariat will follow-up on his/her report. (See Appendix X)
- Accused member
- The Representative will notify the accused member of the allegation – its substantial details, as soon as practical and to the extent possible – consistent with privacy and safety concerns. He will take steps that the accused member receives the support and assistance he needs while the allegation is being investigated.
- The Representative will inform the accused member of his right to seek canonical and civil counsel before any further conversation into the matter. The Commissariat recognizes that the member may need assistance to engage such counsel.
- The Representative will maintain contact with the accused member throughout the entire process in order to provide appropriate pastoral care for the accused member.
- Investigation
- The Representative will study the accusation and begin the internal investigation to determine the truth. He may ask assistance of other members as warranted. The Major Superior or his Representative will designate a lawyer to conduct the investigation, according to the Internal Investigation procedure. (See Appendix IX)
- If the civil authorities decide not to pursue the allegation, the Commissariat will conduct anyway its own internal investigation, will submit the result to the Review Board for their evaluation and recommendation.
- Review Board
- In the event of an accusation, the Major Superior will consult with the Review Board
- The Review Board will consist of the Regional Review Board of the CMSM.
- The Representative will share with the Review Board all pertinent information regarding the accusation. The Review Board will be free to investigate and interview the alleged victim and, where appropriate, the person’s parents, as well as the member against whom the allegation was made, as it deems necessary.
- The Review Board will offer the Major Superior a recommendation as to a particular course of action to be taken regarding the member and his fitness to ministry. The recommendation will include an assessment of whether the accused has other problems that should be addressed, and formulation of suitable recommendations.
- The Review Board will offer the Major Superior a recommendation whether mental health professionals with expertise in sexual disorders should evaluate the accused.
- The Review Board also will recommend a particular course of action to be taken regarding the victim and his/her family. The Commissariat will seek to facilitate this action and assure that all necessary assistance is offered.
- Concluding steps
- Should a victim’s allegation be substantiated, the Commissariat will provide for the pastoral care of the victim.
- Should an allegation be unsubstantiated, the Commissariat will reinstate the accused member to ministry and will work towards the restitution of his good name.
- In the case of a member found guilty of sexual abuse, the Commissariat will also provide for the pastoral care and treatment of the member, offering him fraternal support in whatever penalties are imposed upon him by the legal system or restrictions imposed upon him by the Commissariat.
5. Conclusion
The responsibility for adhering to this Policy rests with each and every member who serves in the Commissariat. Each member should adopt the principles of this Policy and commit to hold one another accountable to it. Members who disregard this Policy will be subject to appropriate administrative and disciplinary action in accordance with Church and civil law.