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.

Findings

To Promote Healing and Reconciliation (Articles 1, 2 and 3)

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.


To Guarantee Effective Response to Allegations of Abuse of a Minor (Articles 4, 5, 6 and 7)

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.


To Protect the Faithful in the Future (Articles 12, 13, 14, 15, 16 and 17)

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.


Compliance with the Provisions of the Charter

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.

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Office of Child & Youth Protection | 3211 4th Street, N.E., Washington DC 20017-1194 | (202) 541-3000 © USCCB. All rights reserved.