Appendix A
CANONICAL PROCEDURES FOR CLERICS
OF MOUNT ANGEL ABBEY
A. RECEIPT OF A COMPLAINT AGAINST A CLERIC
Upon receiving an allegation of child abuse against a living cleric of Mount Angel Abbey, pastoral care for the alleged victim is offered through the Office of Child Protection. The Abbot is informed and if the complaint is subject to reporting under Oregon law, and this has not yet been done, the Abbey will file a report and cooperate fully with the civil and criminal authorities in their investigation. (See Office of Child Protection, Section V, D.)
B. DETERMINING CREDIBILITY
If there is no ongoing civil investigation, the Abbot determines if the allegation constitutes a reserved delict "with at least a semblance of truth." To assist him in this determination, the Abbot may seek advice from members of the Review Board or others. Canonical counsel is offered to the accused and the Abbey's civil counsel and insurer are notified.
A Resource for Canonical Processes for the Resolution of Complaints of Clerical Sexual Abuse of Minors. A Resource prepared by a Task Force Convened by the Chairman of the Bishops' Committee on Canonical Affairs of the United States Conference of Catholic Bishops. November 2003, p. 7.
| 1. | If the allegation is determined not to have at least the semblance of truth:
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2. |
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C. PRELIMINARY CANONICAL INVESTIGATION
The Abbot appoints an investigator through a decree to conduct the investigation and gather the facts in the case. The investigator presents a report in writing to the Abbot within the time limits established. The Abbot presents the findings of the investigation to the Review Board and seeks their advice. The Abbot determines the probability of whether or not a reserved delict has been committed as alleged and issues a degree closing the preliminary investigation. If necessary, the restrictions of canon 1722 may be applied at any point during the preliminary canonical investigation. If applied, it is done through a precept by the Abbot.
D. POSSIBLE OUTCOMES OF THE PRELIMINARY CANONICAL INVESTIGATION
| 1. | If the allegation is found to be false, the investigation is concluded through a decree of the Abbot, the accused cleric is notified and, where necessary, steps are taken to restore the reputation of the accused. |
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2. |
If the Abbot has determined the probability of the reserved delict, the accused cleric is notified of the result of the investigation. The acts of the case are forwarded to the Congregation for the Doctrine of the Faith. If the alleged abuse occurred within the canonical statute of limitations or if the alleged action took place beyond the statute of limitations and the Abbot believes the case warrants it, he may request derogation from the statute of limitations. The acts include the Abbot's votum, as well as his suggestion for future action. A votum and observations of the case by the investigator are also included with the acts of the case. |
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3. |
The Abbot shall propose remedies for the damage resulting from the child abuse. |
E. RESPONSE OF THE CONGREGATION FOR THE DOCTRINE OF THE FAITH
Upon receiving the referral from the Abbot, the Congregation for the Doctrine of the Faith will choose one of the following:
| 1. | reserve the case to itself because of special circumstances; or |
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2. |
notify the Abbot of its decision that the abbot should proceed with the judicial penal process; or |
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3. |
advise the Abbot that the case warrants referral to the Holy Father for a dismissio exofficio of the cleric concerned; or |
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4. |
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F. THE JUDICIAL TRIAL
Should the Congregation for the Doctrine of the Faith notify the Abbot to proceed with the judicial penal process, the Abbot arranges for a canonical trial through the regional tribunal established for this purpose. The Abbot then transfers the acts of the preliminary investigation to the promoter of justice. The penal procedure is conducted according to the Code of Canon Law.
| 1. | If a permanent penalty has not been applied,the Abbot can exercise his power of governance by imposing an administrative remedy "to remove the offending cleric from office, to remove or restrict his faculties, and to limit his exercise of priestly ministry." |
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2. |
The Abbot ensures that the penalized cleric who is not dismissed has those things that are necessary for his decent support. The Abbot provides for the dismissed cleric who is truly in need. |
G. APPEALS AND RECOURSES
Because of the exclusive competence of the CDF in matters of delicta graviora, including the child abuse of a minor by a cleric, all appeals and recourses must be directed to the CDF, both with regard to any preliminary decisions by the CDF, as well as decisions in first instance by lower tribunals.
| 1. | A judicial appeal against a first instance sentence in penal trials concerning delicta graviora is heard by the CDF Tribunal at second instance. The decision of the CDF Tribunal is final. |
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2. |
Hierarchical recourses against administrative acts of abbots and bishops concerning cases of those accused or found guilty of a delictum gravius are made to the CDF. A further recourse against the ensuing decision of the CDF is possible to the Ordinary Session of the CDF (the Feria IV). Recourse to the Apostolic Signatura has been excluded in these cases (decision of the Holy Father, 2/14/03). |
H. CARE OF THE RIGHTS OF ALL PARTIES
Care will always be taken to protect the rights of all parties involved, particularly those of the person claiming to have been abused and the person against whom the charge has been made. When the accusation has proven to be unfounded, every step possible will be taken to restore the good name of the person falsely accused.
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www.mtangel.edu