Sexual Misconduct
Procedures
Also
known as the "Red
Book"
A Pastoral Letter to
Christ’s Faithful
of The Diocese of La
Crosse
The Most Reverend Raymond
L. Burke
Bishop of La Crosse
October 18, 1997
Feast of Saint Luke, Evangelist
On the Promulgation of
The Revised Sexual
Misconduct Policy and Procedures
For the Diocese of La
Crosse
To
Christ’s Faithful of the Diocese of La Crosse:
Dear
brothers and sisters in Christ,
The
Church is our second home. Each of our individual homes
is meant to be a small Church which finds its spiritual
birth and growth in the larger Church, our parish. Our
participation in the life of the Church is, therefore,
our greatest treasure after the gift of life itself. It
is sacred to us, for it unites our individual lives to
God, the source of all life, and to one another, the
family of God’s children.
Those
who serve us in the Church represent, in one way or
another, our Lord Jesus Christ as He shares His divine
life with us in the Church. Priests and deacons,
consecrated persons and laity who serve us in the
Church, also as volunteers, are therefore held to the
highest standard of moral conduct. Any breach of moral
conduct on their part carries an additional burden of
responsibility, for it betrays the trust which the
Church places in them.
Sexual
misconduct, because it is a violation of a person in his
or her intimate being, always inflicts a most severe
wound in the victim. When the act of sexual misconduct
is carried out in the context of the Church’s work, the
wound is even more severe, for it touches upon the
victim’s faith in God and in His love for us. For that
reason the Church, together with society in general, has
become increasingly aware of the nature and gravity of
acts of sexual misconduct, and desires to address such
acts committed by agents of the Church with all of the
spiritual remedies at her disposal.
The
revised Sexual Misconduct Policy and Procedures of the
Diocese of La Crosse indicate the practical ways by
which our Diocese will continue to address the situation
of sexual misconduct by those who serve God’s people in
the name of the Church. First of all, they mandate
ongoing education for all agents of the Church regarding
proper conduct, especially in the delicate area of human
sexuality. In the sad case of an act of sexual
misconduct, they aim to do what is just for all
involved: the victim, the perpetrator and the whole body
of the Church. What is more, they aim to bring the love
of God to those who suffer the terrible wound inflicted
by acts of sexual misconduct.
I take
the occasion of the promulgation of the revised Sexual
Misconduct Policy and Procedures to invite all who have
suffered the severe wound inflicted by sexual misconduct
on the part of an agent of the Church to seek the
healing and reconciliation which our Lord Jesus Christ
alone can provide. The holy Gospels attest to the
healing power of our Lord Jesus Christ. I invite
you to place your trust in the Lord and in the grace of
healing which He continues to pour out for us in the
Church.
Saint
Luke, who feast we celebrate today, tells us that our
Lord Jesus sent forth the Twelve on their mission “to
proclaim the reign of God and heal the afflicted.” (Lk
9,2) Let us pray that the revised Sexual Misconduct
Policy and Procedures will be a fit instrument to assist
in healing the terrible affliction of sexual misconduct.
Let us invoke the intercession of the Blessed Virgin
Mary, Mother of the Church, to bring health and healing
to all in the Church.
Invoking God’s blessing upon you and your homes, I
remain
Yours sincerely in Christ
(Most Rev.) Raymond L. Burke
Bishop of La Crosse
Decree
Promulgating the Revised
Sexual Misconduct Policy and Procedures
for the Diocese of La Crosse
The
Diocese of La Crosse has had, for a number of years, a
policy and procedures to respond to allegations of
sexual misconduct on the part of Diocesan employees and
agents. In order that the policy and procedures might
respond more fully and effectively to such allegations,
in the light of up-to-date knowledge in the matter and
the Church’s experience, it has been necessary to
undertake their revision. For this reason a committee
was convened and, as a result of its work, this revision
of the Sexual Misconduct Policy and Procedures for the
Diocese of La Crosse has been formulated.
I
hereby decree that the Revised Sexual Misconduct
Policy and Procedures for the Diocese of La Crosse
is to be published and to become effective today.
Given
at La Crosse this eighteenth day of October in the year
of Our Lord 1997, the Feast of Saint Luke, Evangelist.
(Most Rev.) Raymond L. Burke
Bishop of La Crosse
Sr.
Marlene Weisenbeck, F.S.P.A.
Chancellor
Sexual Misconduct
Policy
1.
Sexual misconduct by any Diocesan agent, while
performing the work of the Diocese, is contrary to
Catholic faith and morals, is outside of the scope of
his or her duties and responsibilities, and is
absolutely prohibited.
2.
No person shall be subjected to sexual misconduct
by any Diocesan agent, including clergy, consecrated
persons, employees or volunteers of the Diocese of La
Crosse.
3.
All Diocesan agents shall comply with all
federal, state or local, civil and criminal laws,
prohibiting sexual misconduct; all laws requiring the
reporting of known or suspected instances of sexual
misconduct; and all requirements, procedural and
substantive, set forth in this policy.
Sexual Misconduct
Procedures
1. To convey the message
by word and deed that sexual misconduct 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, pastoral response to all involved.
2. To provide a prompt,
compassionate and appropriate response to reporters
of sexual misconduct.
3. To respect the
canonical and civil rights of the parties
involved.
4. To provide a
confidential procedure to gather all relevant facts
which respects the privacy of the reporter and of the
accused.
5. To provide a mechanism,
when appropriate, to make available competent and
supportive professional resources to victims,
perpetrators and the accused.
6. To provide and develop
a climate and opportunities for remediation,
reconciliation and forgiveness.
7. To provide a process
which seeks to restore trust.
1. All allegations of sexual
misconduct against Diocesan agents (clergy, consecrated
persons and/or lay persons) 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
appropriate response to the allegations. This
initial assessment will address the issues of 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 Diocesan
Sexual Misconduct Procedures.
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
Diocesan Sexual Misconduct Procedures. If the
accused is a cleric of another Diocese or a consecrated
person, the ecclesiastical superior of the accused shall
also be notified.
5. When necessary, 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 investigative protocol
shall be carried out in a timely manner.
7. The Diocesan Bishop shall
appoint a person to act as a liaison between the 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 information and
communication with the accuser and to the Diocesan
Bishop 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 statement 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 information and communications with the accused and
to the Diocesan Bishop shall be confidential.
9. When appropriate, the
Diocesan Bishop may request a third-party assessment of
the accuser and/or accused, including independent
medical, psychological or other examinations at Diocesan
expense. All documents and/or reports are
confidential.
10. After the investigative
protocol is completed, the Diocesan Bishop shall make a
determination whether or not the accusation is
sufficiently confirmed.
11. If the accusation is not
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, placed and recorded in
the confidential records of the Diocese.
12. The following will apply
if the accusation is sufficiently confirmed:
a.
The Diocesan Bishop shall take reasonable immediate
steps to safeguard the health, safety and welfare of the
victim and others involved and to prevent the misconduct
from being repeated.
b.
At the sole discretion of the Diocesan Bishop, when
appropriate, the Diocese may make assistant available to
the victim. The nature, content and extent of the
assistance will depend upon each circumstance.
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.
c.
At the sole discretion of the Diocesan Bishop, when
appropriate, the Diocese may make professional resources
available to the perpetrator. The nature,
content and extent of the assistance will depend upon
each circumstance. 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.
d.
No cleric, consecrated person or lay person who has
engaged in sexual misconduct may be assigned in the
future, if ever, to any Diocesan position, unless and
until he or she has successfully completed any and all
recommended assessment and initial therapy, is
professionally deemed as presenting no unreasonable risk
of reoffense, has had a prolonged period without
recidivism, is reasonably monitored and supervised, and
demonstrates to the satisfaction of the Diocesan Bishop
that he or she presents no reasonable risk of harm.
e.
Confidential written records shall be maintained by the
Diocese concerning any accusations of sexual misconduct.
All records of the investigative protocol are
confidential and shall be kept in the secret archives.
13. When it is apparent that
the accusation of sexual misconduct 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 Dean to assess the nature and degree of the
harm caused, and recommend and implement a plan of
community healing and reconciliation.
Sexual Misconduct
Policy and Procedures
1. These Sexual Misconduct
Policy and Procedures govern all Diocesan agents,
including clergy, consecrated persons, employees and
volunteers, while they are performing the work of the
Diocese.
2. The Sexual Misconduct
Policy and Procedures are not intended to cover other
moral transgressions or matters involving violations of
the Code of Canon Law.
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