You asked for summaries of the Norwich Diocese's sexual misconduct policy and recent legislation in Massachusetts making members of the clergy mandated child abuse reporters. We enclose copies of both documents.

SUMMARY

The Roman Catholic Diocese of Norwich has had a written policy dealing with sexual misconduct, sexual abuse of children, and child abuse since September 1990. As currently written, it:

1. contains general policy statements (Art. 1);

2. establishes roles and responsibilities for the development,

implementation, and review of these policies (Art. 2);

3. describes procedures when an accusation of sexual misconduct arises (Art. 3);

4. creates the position of diocesan liaison to work with victims' services agencies to assist them in dealing with complainants, victims, and their families (Art. 4);

5. states the diocese's plans to review and augment on-going programs to screen and educate seminarians and to offer the clergy and lay persons continuing education programs related to sexuality and sexual misconduct (Art. 5); and

6. provides confidentiality protections for personnel records (Art. 6).

The current policy has been in effect since May 1994.

On April 25, 2002 the Massachusetts legislature passed a bill (HB 5034) that requires various religious officials and people associated with them to report child abuse. The only exception is for information solely gained in confession or similarly confidential communications in other religious faiths.

NORWICH DIOCESE'S SEXUAL MISCONDUCT POLICY

General Policies

The policy states that sexual misconduct, sexual abuse of children, and child abuse by diocese personnel is contrary to every Christian principle and is outside the scope of their duties and employment. It prohibits such acts and specifies penalties for violations, including loss of employment, removal from office, suspension, and excommunication.

Under the policy, the diocese provides reasonable funding for liability insurance covering its staff. It does not offer or pay for victim services, but states that the diocese will act reasonably to support and cooperate with the agencies that already provide such services.

The Policy Review Board (see below) must review the policies at least once a year and recommend amendments to the bishop. The bishop can amend the policies at any time.

Roles and Responsibilities

The Bishop of Norwich is ultimately responsible for developing, reviewing, and implementing the policies. He is assisted by:

1. the Office of Internal Affairs, which receives, investigates, and submits reports on its findings and assists in the pursuit of canonical penal processes when requested;

2. the Pastoral Care Committee, which reviews complaints forwarded by the Internal Affairs Office, makes outreach recommendations to the bishop, and provides him with advice about notifying insurance carriers, possible legal obstacles, and canonical concerns, and provides other services the bishop requests; and

3. the Policy Review Board, which evaluates screening and training programs, researches and suggests to the Pastoral Care Committee treatment and placement alternatives for sexually troubled clerics or religious, reviews and evaluates the function of that committee and the Office of Internal Affairs and the sexual misconduct policies, and advises the bishop on public relations issues which may arise on the topic of sexual misconduct.

The policy also requires the diocese to establish a protocol for institutes of consecrated life and societies of apostolic life whose members may be engaged in clerical activities at the diocese. Among other things, it requires notification of the institute or society's major general when a complaint is made involving someone in his community and provides procedures for removing that person from diocesan activities after a hearing.

Processes and Procedures for Handling Complaints

All people associated with the diocese must comply with laws requiring abuse and neglect reporting and comply fully with the letter and the spirit of the diocesan policy on sexual misconduct, with understanding and sensitivity for its goals.

Appropriate personnel of the diocese who have actual knowledge of or reasonable cause to suspect abuse or neglect involving a child or a mentally retarded person must immediately comply with state mandated reporting requirements. If the alleged perpetrator is one of the personnel of the diocese, the reporter must also file a diocesan incident report.

The Office of Internal Affairs must staff a toll free incident report phone line during business hours for anyone to call to report suspected abuse or neglect. Callers are mailed a packet of information, including a referral to local victims' service agencies for assistance, a brief explanation of the complaint process, and an incident report form. Copies of signed, written incident reports go to the Office of Internal Affairs, the bishop, and, if criminal conduct appears to be alleged, to the chief state's attorney. Anonymous complaints and those containing insufficient information to permit a reasonable inquiry are not processed.

Incident reports are not confidential under the policy. However, the diocese keeps them private, subject to disclosure in accordance with the policy's provisions. Their contents can be released only to the (a) bishop or his delegates or the Pastoral Care Committee, or others delegated by the bishop; (b) major superior, if the report involves a member of an institute of consecrated life or society of apostolic life; (c) accused; and (d) Office of the State's Attorney if a crime is alleged.

Investigating Incident Reports Alleging Criminal Behavior. If the reported abuse appears to be a crime, the Office of Internal Affairs must immediately notify the bishop, forward the complaint to the appropriate state's attorney, and invite someone from that office to attend a briefing. The diocese defers its own investigation until this briefing occurs to avoid interfering with any state criminal investigation. After this meeting, it may continue to defer action or treat the matter as non-criminal in nature and proceed as described below.

When a case is referred to the state's attorney, the Pastoral Care Committee must meet with the bishop and internal affairs office delegate as necessary to consider whether it is appropriate to consult with experts or professionals. This group must also discuss the duties or assignments the accused has performed on behalf of the diocese, the possible civil or criminal processes which may be involved, and available canonical remedies. Finally, they must discuss the diocese's relationship with the media and the best way to reach out to the person claiming to have been injured by the sexual misconduct. After this occurs, the bishop makes final decisions on these issues and asks committee members to cooperate in their implementation.

After hearing from the Pastoral Care Committee, the bishop may take one of the following actions against a person associated with the diocese who pleads guilty or no contest, or is convicted of sexual misconduct: (1) if the perpetrator is a lay person, immediately suspend or discharge him from employment and any position of authority in the diocese; (2) if he is a member of an institute of consecrated life, society of apostolic life, or is a cleric incardinated in another diocese, remove him from ministerial duties within the diocese and transfer him from the diocese according to provisions of canon law; or (3) if a cleric, impose or hold in abeyance penal sanctions, including, but not limited to, suspension, dismissal from the clerical state, or excommunication, as appropriate.

Investigating Incident Reports Involving Non-Criminal Conduct. If the incident report is non-criminal in nature, or one that the state's attorney declines to pursue, the Office of Internal Affairs must promptly investigate. If it finds a reasonable basis to believe that the incident occurred, its delegate must report this to the bishop and Pastoral Care Committee within 24 hours of making this determination. It must notify the state's attorney and follow the process described above if the investigation finds evidence of possible criminal conduct.

Otherwise, the bishop and committee must initiate action within 48 hours to place the accused person on administrative leave with pay. Accused clerics must be administratively transferred to a house of the diocese assigned for that purpose. In the case of a member of an institute of consecrated life or society of apostolic life, the bishop must make arrangements to return the member to the immediate supervision of his major superior.

If the Office of Internal Affairs finds that misconduct did not occur or is otherwise unable to act upon a report, it must report this finding to the bishop and Pastoral Care Committee. If they agree with the finding, this information is recorded on the incident report. If not, the Internal Affairs Office must conduct further investigation.

The diocese must keep information gathered in its investigations confidential in accordance with the policy's procedures.

Initiation of Action. If the Office of Internal Affairs corroborates an incident report, the bishop and Pastoral Care Committee must (1) meet with the accused to advise him of his canonical rights and the processes the committee will follow; (2) notify the diocesan attorney, the bishop of any other diocese involved, the immediate superior of any lay employee, and any other ecclesiastical superiors as may be required; and (3) call a meeting of the Pastoral Care Committee.

The committee must meet with the bishop and delegate for internal affairs to discuss the results of the investigation and whether to consult with experts or other professionals. They must also discuss whether to continue the accused's suspension from diocesan duties or assignments, possible civil claims which may be involved, and available canonical remedies. Finally, they must discuss the diocesan relationship with the media, as well as the best manner of outreach to the persons claiming to have been injured by the misconduct. After hearing the committee's views, the bishop makes the final decisions and asks individual committee members to cooperate in their implementation.

Supplementary Reviews. The bishop and Pastoral Care Committee can consider new information about a prior incident report determination, review a placement or request to return to the ministry, oversee a treatment program for a cleric incardinated in the diocese, or consider any other matter within their realms of responsibility. The supplementary review can be initiated at any time at the discretion of the bishop. The Pastoral Care Committee may make the same kinds of determinations and recommendations as in the earlier stages of the process, subject to the approval of the bishop.

Assistance to Those Affected

Under the policy, the bishop appoints a diocesan liaison who reports to the Office of Internal Affairs. This person's responsibility is to develop and maintain a protocol, enhance communications, and foster the diocesan relationship with victim service agencies. The liaison must report regularly to the bishop, Pastoral Care Committee, and Policy Review Board the concerns and suggestions of these agencies. Similarly, the liaison raises the diocese's concerns and suggestions with those bodies.

The Office of Internal Affairs, with the assistance of the liaison must maintain a current directory of victim service agencies within the diocese and refer complainants and alleged victims of diocesan personnel to them for assistance. The liaison must also familiarize and update the local agencies about diocesan policies and procedures to assist them in dealing with victims and their families when diocesan wrongdoing is alleged.

Education

The Diocesan School Office or Continuing Education and Formation Commission offer educational programs on recognizing and preventing sexual misconduct, including the sexual abuse or neglect of children.

Screening

The policy incorporates existing diocesan policies regarding screening of personnel. It states that, through its vicar general, the diocese will continue to review and augment ongoing programs to screen and educate seminarians who are to be incardinated in the diocese and clerics, already incardinated in the diocese, in matters related to sexuality and sexual misconduct.

Laypeople must complete an informational questionnaire, apparently as part of the job application process, which includes questions about criminal convictions and prior abuse allegations. Each questionnaire is reviewed and investigated by the hiring authority and kept in the person's personnel file, with access limited to supervisors and personnel directors.

When a member of an institute of consecrated life or society of apostolic life is formally proposed or presented for assignment into a diocesan ministry or when a cleric enters the diocese seeking an assignment from another diocese, the sending bishop or major superior provides an assessment of the fitness of the person proposed as a candidate for the assignment. This assessment must be based on their personal knowledge, after reviewing the candidate's written performance record and gathering information from people at the candidate's previous assignments who are best able to evaluate his conduct and character.

Assessments must state whether the candidate has exhibited seriously improper behavior, such as an untreated problem with substance abuse, celibacy, sexual or financial impropriety, or physical abuse. They must also include a written statement regarding the suitability of the candidate for the proposed assignment. The statement must indicate whether anything in the history or background of the candidate should in any manner limit his or her capacity to serve in that assignment. Failure to provide such a statement is sufficient reason for delaying or denying the appointment to the candidate.

Assessments must be conducted with respect for the privacy and good reputation of the candidate. All inquiries about the suitability for an assignment of any individual are confidential, to protect both the candidate and the providers of information.

RECORD CONFIDENTIALITY

The chancellor must develop guidelines for a unified system of cleric personnel record keeping, consistent with law and sound personnel records management. Personnel records are confidential, and must be kept in a secure location. But the chancellor can disclose information contained in a cleric's personnel record to the bishop or his delegate.

MASSACHUSETTS MANDATED REPORTER BILL

On April 25, 2002 the Massachusetts legislature passed a bill (HB 5034) requiring various religious officials and people associated with them to report child abuse. The only exception is for information solely gained in confession or similarly confidential communications in other religious faiths.

The bill also gives a person who becomes a mandated reporter under the new law 30 days from its effective date (it is effective on passage) to report to the Department of Social Services cases in which he has reasonable cause to believe that a person under age 18 is or was being abused or neglected, unless this information was learned solely through confidential communications described above. If the victim is 18 years or older on the bill's effective date, the report must be made, instead, to the district attorney of the county where the alleged abuse occurred. The reporter must notify adult victims when he does this. Any person required to make a report who fails to do so is subject to a fine of up to $ 1,000. A person who knowingly files a frivolous child abuse report is punished in the same way.

Newly covered mandated reporters

The bill makes mandated reporters:

1. priests, rabbis, clergy, and ordained or licensed ministers;

2. leaders of any church or religious body;

3. accredited Christian Science practitioners;

4. any person performing official duties on behalf of a church or religious body that are recognized as the duties of the people listed above; and

5. any person employed by a church or religious body to supervise, educate, coach, train, or counsel a child on a regular basis.

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