ON THE PROMULGATION OF THE REVISED CHILD SEXUAL ABUSE POLICY AND PROCEDURES

OF THE DIOCESE OF LA CROSSE
 

Also known as the "Green Book"

To Christ’s Faithful of the Diocese of La Crosse:

Dear brothers and sisters in Christ,

For over a year now, the Church in our nation has been suffering a most severe crisis regarding child sexual abuse by her clergy. In the Diocese of La Crosse, the Revised Sexual Misconduct Policy and Procedures, which I promulgated on October 18, 1997, have been faithfully followed in dealing with any allegation of sexual misconduct on the part of any agent of the Diocese. They have been applied with special attention to the care and protection of children who may have been the victims of sexual abuse.

In response to the present crisis, the United States Conference of Catholic Bishops, in June of 2002, promulgated the Charter for the Protection of Children and Young People to assist Diocesan Bishops in responding more effectively to the grievous crime of sexual abuse of a child by a priest or deacon. At the same time, the Bishops approved the Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons, which required the review and approval of the Holy See. In accord with the requirements of the Charter, with the assistance of a special committee, I formulated and promulgated on August 6, 2002, the Child Sexual Abuse Policy and Procedures of the Diocese of La Crosse.

Once the Holy See had completed the review of the Charter and the Essential Norms, the United States Conference of Catholic Bishops approved the revised text of both documents at its meeting in November of 2002. On December 8, 2002, the Holy Father’s Congregation for Bishops reviewed the Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons, and the United States Conference of Bishops promulgated them on December 12, 2002, making them particular Church law for our nation.

Now that the revised Charter and the Essential Norms have been promulgated and published, I, once again with the help of a special committee, have prepared a revision of the policy and procedures which I promulgated on August 6, 2002. Today I am happy to promulgate and publish the Revised Child Sexual Abuse Policy and Procedures of the Diocese of La Crosse. Cases of child sexual abuse by other Church personnel will continue to be handled according to the Revised Sexual Misconduct Policy and Procedures of the Diocese of La Crosse.

The special policy and procedures serve a number of important purposes. First of all, they convey clearly the message that sexual abuse of a child by a priest or deacon is a moral outrage; that it will not be tolerated or condoned in the Church, regardless of the status of the offender; and that the time and resources of Church authority are committed to a just and pastoral response to all involved.

The policy and procedures also provide a prompt, appropriate and compassionate response to reporters of sexual abuse of a child by a priest or deacon. At the same time, they respect the canonical and civil rights of all parties.

As is fitting in such cases, the policy and procedures provide the confidential means of gathering all relevant facts, which respect the privacy of the reporter and of the accused. They also offer, when appropriate, the means of making available competent and supportive professional resources to the accuser, the accused, the victim and the perpetrator.

Faithful to the Gospel and Church teaching, the policy and procedures foster and promote remediation, reconciliation, and forgiveness. They aim to restore trust among all in the Church.

Let us pray through the intercession of Saint Agatha, Virgin and Martyr, whose memory we celebrate today, that the implementation of this policy and these procedures will help to bring the healing of Christ to those who, as children, have suffered the deep and most injurious wound of sexual abuse by a priest or deacon. May the promulgation of the Revised Child Sexual Abuse Policy and Procedures be the occasion for all in the Church to make reparation for the crimes of sexual abuse perpetrated against children and to seek an ever greater holiness of life. Through our prayer and penance, may we all be instruments of healing and reconciliation for our brothers and sisters involved in acts of child sexual abuse.

Let us confide to the intercession of Our Lady of Guadalupe, Mother of America, and Saint Joseph the Workman, Patron of the Universal Church and of the Diocese of La Crosse, the just implementation of the Revised Child Sexual Abuse Policy and Procedures for the good of all in the Church.

I invoke God’s blessing upon you and your home.

Given at La Crosse, this fifth day of February in the year of Our Lord 2003, the Memorial of Saint Agatha, Virgin and Martyr.



(Most Rev.) Raymond L. Burke
Bishop of La Crosse

Benedict T. Nguyen, Chancellor

DECREE
PROMULGATING THE REVISED CHILD SEXUAL ABUSE POLICY AND PROCEDURES

OF THE DIOCESE OF LA CROSSE

The Diocese of La Crosse has been following the Revised Sexual Misconduct Policy and Procedures, promulgated on October 18, 1997, which have applied also to cases of allegation of sexual abuse of children by a priest or deacon.

At its General Meeting in June of 2002, the United States Conference of Catholic Bishops approved the Charter for the Protection of Children and Young People and the Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons. The Charter for the Protection of Children and Young People required that the Diocese of La Crosse have a specific policy and procedures to be followed in cases of child sexual abuse by priests and deacons, in order to address more effectively the grievous crime involved in such cases. In accord with the mandate of the Charter, I, with the assistance of a special committee, prepared and promulgated on August 6, 2002, the Child Sexual Abuse Policy and Procedures of the Diocese of La Crosse.

At its General Meeting in November of 2002, the United States Conference of Catholic Bishops approved a revision of the Charter and the Essential Norms. On December 8, 2002, the Congregation for Bishops reviewed the Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons, and the United States Conference of Bishops promulgated them on December 12, 2002, making them particular law for the Church in the United States of America.

Both the revised Charter for the Protection of Children and Young People and the Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons required some revision of the Child Sexual Abuse Policy and Procedures of the Diocese of La Crosse. Therefore, once again with the assistance of a special committee, I have prepared a revision of the special policy and procedures to be employed in the Diocese of La Crosse in cases of allegation of child sexual abuse by a priest or deacon. Allegations of child sexual abuse by other personnel of the Church will continue to be handled according to the Revised Sexual Misconduct Policy and Procedures of the Diocese of La Crosse.

I hereby promulgate the Revised Child Sexual Abuse Policy and Procedures of the Diocese of La Crosse, including the Norms Governing the Diocese of La Crosse Child Sexual Abuse Review Board, effective today.

Given at La Crosse, this Fifth day of February in the year of Our Lord 2003, the Memorial of Saint Agatha, Virgin and Martyr.

(Most Rev.) Raymond L. Burke
Bishop of La Crosse

Benedict T. Nguyen, Chancellor

REVISED CHILD SEXUAL ABUSE POLICY

AND PROCEDURES OF THE DIOCESE OF LA CROSSE
 

SCOPE

1. The Revised Child Sexual Abuse Policy and Procedures of the Diocese of LaCrosse govern priests and deacons, while they are performing the work of the Diocese, with the permission of the Diocesan Bishop.

2. They are not intended to cover other moral transgressions or matters involving other violations of the Code of Canon Law.

v DEFINITIONS
Child: A person under the age of 18 years.

Diocesan Priest or Deacon: A priest or deacon appointed to serve in the Diocese of La Crosse by the Diocesan Bishop.

Sexual Abuse of a Child: Sexual molestation or sexual exploitation of a child and other behavior by which an adult uses a child as an object of sexual gratification.

POLICY

1. Sexual abuse of a child is a crime and “an appalling sin in the eyes of God.”
(cf. Address of Pope John Paul II to the Cardinals of the United States, April 23, 2002)

2. Sexual abuse of a child by any Diocesan priest or deacon is contrary to Catholic faith and morals, is outside the scope of his duties and responsibilities, and is absolutely prohibited.

3. No child shall be subjected to sexual abuse by any Diocesan priest or deacon.

4. All Diocesan agents shall comply with all federal, state or local, civiland criminal laws, prohibiting sexual abuse of minors; all laws requiring the reporting of known or suspected instances of sexual abuse of minors; and all requirements, procedural and substantive, set forth in this policy.

PROCEDURES

1. All allegations of sexual abuse of a child against a priest or deacon of the Diocese shall be immediately reported to the Diocesan Bishop. All such reports are confidential.

2. The Diocesan Bishop shall meet with the Diocesan Attorney and may meet with others to assess initially the nature of the allegations and the appropriate response to the allegations. This initial assessment will address issues of the possible risks to the accuser and potential victims, possible risks to the accused, reporting requirements, the selection of the persons to represent the Diocesan Bishop to the accuser and the accused (see Paragraphs 7 and 8 below), and the investigative protocol.

3. The Diocesan Bishop and/or his designee shall promptly respond to the accuser/reporter, acknowledging the allegations and providing the accuser/reporter a copy of the Revised Child Sexual Abuse Policy and Procedures of the Diocese of La Crosse.

The accuser shall be advised of any civil or criminal law reporting requirements and shall be assisted in such reporting, if the accuser desires.

4. The Diocesan Bishop and/or his designee shall notify the accused that an accusation has been made and provide the accused with a copy of the Revised Child Sexual Abuse Policy and Procedures of the Diocese of La Crosse. If the accused is a cleric of another diocese, or a consecrated person of an institute of the consecrated life or society of apostolic life, the ecclesiastical superior of the accused shall also be notified.

The Accused shall be informed of the nature of the accusation and of any civil or criminal law reporting requirements, and shall be advised to retain the counsel of both a civil/criminal lawyer and a canon lawyer before making any statements.

5. The Diocesan Bishop shall take immediate steps to safeguard the health, safety and welfare of all persons, which may include a leave of absence for the accused, reports to the appropriate authorities, notice to the insurance carriers and/or referral to professionals (medical, psychological or legal).

6. The canonical preliminary investigation shall be carried out in a timely manner.

7. The Diocesan Bishop shall appoint a person to act as a liaison between the Diocesan Bishop and the accuser/reporter to represent the compassionate pastoral presence of the Diocesan Bishop; to gather detailed facts, including written statements from the accuser/reporter, documents, witness statements and records (releases); to submit written reports to the Diocesan Bishop; and ultimately to facilitate reconciliation and healing. All documents and all communications with the accuser shall be confidential.

8. The Diocesan Bishop shall appoint a person to act as a liaison between the Bishop and the accused to represent the compassionate pastoral presence of the Diocesan Bishop; to gather detailed facts, including written statements from the accused, documents, witness statements and records (releases); to submit written reports to the Diocesan Bishop; and ultimately to facilitate reconciliation and healing. All documents and all communications with the accused shall be confidential.

9. When appropriate, the Diocesan Bishop may request a mutually-acceptable third-party assessment of the accused and/or accuser, including independent medical, psychological or other examinations at Diocesan expense, provided this does not interfere with the investigation by civil authorities. All documents and all communications shall be confidential.

10. If the Accusation is not admitted, the matter will be referred to the Diocese ofLa Crosse Child Sexual Abuse Review Board.

11. After the canonical preliminary investigation and the Diocese of La Crosse Child Sexual Abuse Review Board process have been followed, the Diocesan Bishop shall make a determination of whether or not the accusation is sufficiently confirmed.

12. If the accusation is not admitted or sufficiently confirmed, the Diocesan Bishop, with the respective liaisons to the accuser/reporter and the accused, shall communicate such determination to both parties. In addition, the Diocesan Bishop shall assist the parties to achieve reconciliation. A written statement shall be made, and shall be placed and recorded in the confidential records of the Diocese. Every step possible will be taken to restore the good name of the priest or deacon.

13. The following will apply if the accusation is either admitted or sufficiently confirmed by the Diocesan Bishop.

A. The Congregation for the Doctrine of the Faith shall be notified.

B. The perpetrator shall be permanently removed from ministry. He will not be permitted to celebrate Mass publicly, to wear clerical garb or to present himself publicly as a priest or a deacon.

C. The Diocesan Bishop shall take reasonable immediate steps to safeguard the health, safety and welfare of the victim and others involved, and to prevent child sexual abuse from being repeated.

D. At the sole discretion of the Diocesan Bishop, when appropriate, the Diocese may make assistance available to the victim. The nature and extent of the assistance will depend upon each case. Factors to be considered include the nature of the offense; the harm caused by the offense; the degree of culpability of the Diocese; the financial and professional resources available to the Diocese; and what canon law, civil law and contractual agreements of the Diocese permit.

E. At the sole discretion of the Diocesan Bishop, when appropriate, the Diocese may make professional resources available to the perpetrator. The nature and extent of the assistance will depend upon each case. Factors to be considered include the nature of the offense; the harm caused by the offense; the degree of culpability of the Diocese; the financial and professional resources available to the perpetrator and the Diocese; and what canon law, civil law and contractual agreements of the Diocese permit.

F. Confidential written records concerning any accusations of sexual abuse shall be maintained by the Diocese. All records of the canonical preliminary investigation and of the Diocese of La Crosse Child Sexual Abuse Review Board process are confidential.

14. In any case involving canonical penalties, the processes provided for in canon law must be observed.

15. When it is apparent that the accusation of sexual abuse has caused hurt and scandal in the communities in which it is alleged to have occurred or did occur, the Diocesan Bishop shall direct the local Dean to assess the nature and degree of the harm caused, and recommend and implement a plan of community healing and reconciliation.

NORMS
GOVERNING THE DIOCESE OF LA CROSSE
CHILD SEXUAL ABUSE REVIEW BOARD

1. Composition and Appointment.

The Diocese of La Crosse Child Sexual Abuse Review Board shall consist of six persons appointed by the Diocesan Bishop and who serve at the pleasure of the Diocesan Bishop. All persons must be of outstanding integrity and good judgment. At least five of the persons must be in full communion with the Church.

2. Qualifications.

No less than four (4) of the members shall be adult lay persons not in the employ of the Diocese of La Crosse, one of which, at least, shall have particular expertise in the treatment of the sexual abuse of children. In addition, one experienced and respected pastor of the Diocese and the Diocesan Attorney shall also serve on the Board.

3. Term.

The term for each Review Board member shall be five (5) years, which can be renewed.

4. Purpose.

The purpose of the Diocese of La Crosse Child Sexual Abuse Review Board shall be:

A. To assist the Diocesan Bishop, at his request, in assessing specific allegations of child sexual abuse by a priest or deacon, when the allegations have not been admitted;

B. To review regularly the Diocesan policy and procedures for dealing with child sexual abuse by a priest or deacon and to recommend to the Diocesan Bishop any modifications; and

C. To render such other advice and counsel regarding child sexual abuse, when requested by the Diocesan Bishop.

5. Confidentiality.

All matters submitted to and proceedings of the Diocese of La Crosse Child Sexual Abuse Review Board are confidential. The procedures constitute part of the process to access the fitness for assignment and assignment of clergy. The process is therefore privileged under the First Amendment. The procedures may require the examination of documents and records which are privileged. They may require seeking and hearing legal advice which privileged, and may require the review of privileged communications between priests, doctors, psychologists, social workers and lawyers. By its very nature, the Diocese of La Crosse Child Sexual Abuse Review Board’s proceedings involve matters of a highly personal nature, protected by the Wisconsin Privacy Law. Therefore, all of its communications, proceedings and records are confidential and may not be disclosed or made public.

6. Norms Governing the Assessment of Allegations

A. Issue: “Is the allegation true?”

B. Burden of proof: the accuser carries the burden of proof, consistent with concepts of fundamental fairness.

C. Standard of proof: moral certitude which excludes every prudent doubt or every doubt founded on positive reasons.

D. Representation:

(1) The accuser may be represented by a civil and/or canonlawyer at his or her own expense.

(2) The accused my be represented by civil and/or canon lawyer at his own expense.

(3) When necessary, the Diocese will supply canonical counsel to a priest or deacon.

(4) The Diocese of La Crosse Child Sexual Abuse Review Board shall be represented by the Diocesan Attorney.

7. Record

There shall be no record made of the proceedings of the Diocese of La Crosse Child Sexual Abuse Review Board.

8. Rules of Evidence

Adherence to the application of the strict rules of evidence shall not be required.

9. Discovery

There shall be no discovery by any party before the Diocese of La Crosse Child Sexual Abuse Review Board.

10. Initially, the Diocese of La Crosse Child Sexual Abuse Review Board shall review the records submitted to it by the Diocesan Bishop. If testimonial proof is necessary, the Review Board shall secure sworn statements from witnesses. If the record review and written testimonial proof is insufficient to make a recommendation to the Diocesan Bishop, oral testimony may be obtained.