2004 Audit Executive Summary:
Diocese of Gallup
Bishop Donald Pelotte
Previous Audit Conducted 7/14 -
18/2003
The information found herein represents conditions as they were found
to exist during the week of August 9 14, 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 diocese has a policy that directs
outreach to all faith communities in which sexual abuse occurred. The
policy is not followed in cases where the victim has requested that the
bishop not visit the faith community. 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, Sister Mary Thorlough
who has a Masters Degree in Social Work and has many years of experience
working with children. The diocese established on 8/1/02, a Review Board
which consists of five members. The members include a psychotherapist, a
medical doctor, a judge of various tribunal courts, a long time
teacher/counselor, and a priest with a Masters Degree in marriage, family
and child counseling. 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 entered into three confidentiality agreements during the audit
period at the request of the victims.
The diocese has a policy
to report all allegations of sexual abuse of a minor to public authorities
since the last compliance audit; however, there have been no cases that
require the referral. 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 when such
reporting meets the guidelines set forth by the local authorities. 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.
If an allegation of sexual abuse of a minor by a priest or deacon were
to be received, a preliminary investigation, in harmony with canon law,
would be initiated. If a preliminary investigation so indicates, the
diocese would notify the Congregation for the Doctrine of Faith and would
apply the precautionary measures mentioned in CIC, canon 1722, or CCEO,
canon 1473. If an accusation against a priest or a deacon would be proven
to be unfounded, the diocese is committed to take steps to restore the
good name of the priest or deacon.
If a sexual abuse of a minor by a priest or a deacon would be admitted
or established after an appropriate process in accord with canon law, the
diocese policies would provide that the offending priest or deacon be
permanently removed from ministry. The diocese is committed to offer
professional assistance to offending priests or deacons.
In every case involving canonical penalties, the processes provided for
in canon law are to be observed. Accused clergy would be encouraged to
retain the assistance of civil and canonical counsel. When necessary, the
diocese would supply canonical counsel to a priest or deacon.
If the penalty of dismissal from the clerical state was to be applied,
the diocese would direct the offender to lead a life of prayer and
penance. The diocese would 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 is committed to
assist and support all parish communities directly affected by ministerial
misconduct involving minors.
The diocese has implemented a "safe environment"
education program. The educational program for children is Faith, Family
and Friends; the educational program for parents is locally produced in
the diocese. The educational program for ministers is The Safe Environment
Program for the Diocese of Gallup, the educational program for educators
is The Safe Environment Program for the Diocese of Gallup, and the
educational program for others is The Safe Environment Program for the
Diocese of Gallup. 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 diocesan and parish personnel
who have regular contact with minors, using appropriate law enforcement
resources where permissible. Six priests and one deacon have refused to
submit to a background check and a Required Action was issued. 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/eparchy for residence,
without providing the proper notification to the new
Archdiocese/diocese/eparchy of residence.
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. Six priests and one deacon
have refused to submit to background checks and a Required Action was
issued.
ARTICLE: 13: Background Investigations
Deficiency: The charter requires that The diocese will evaluate
the background of all diocesan/eparchial and parish personnel who have
regular contact with minors. Specifically, they will utilize the resources
of law enforcement and other community agencies.
Of the 89 priests in the diocese, 6 have refused to authorize a law
enforcement background check. Of the 38 deacons, one has refused to
authorize a law enforcement background check.
Required Action: The diocese is required to ensure that law
enforcement background investigations are conducted on all who have
regular contact with minors, including the 6 priests and the deacon who
have refused to authorize such check.
Compliance with the Charter as of December 31, 2004
As of December 31, 2004, the Diocese of Gallup has satisfactorily
completed the required action. The Diocese is found to be compliant with
all articles of the Charter for the Protection of Children and
Youth.