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.

Findings

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

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.


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

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.


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

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.


Compliance with the Provisions of the Charter

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.

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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.