STATEMENT
REGARDING SEXUAL MISCONDUCT BY MEMBERS OF THE CLERGY OR THOSE
ACTING UNDER THE MANTEL OF AUTHORITY FOR
THE AMERICAN CATHOLIC CHURCH DIOCESE OF CALIFORNIA
The American
Catholic Church expressly prohibits any misconduct on the part
of our clergy or any person using the mantel of authority of the
ACC. The ACC cannot monitor the daily interaction between
members of the clergy, or anyone acting on behalf of the ACC,
and the general public but we can express our complete and utter
prohibition against any inappropriate sexual activity by our
clergy, or any person acting under the mantel of authority, of
the ACC. The purpose of this policy is to articulate the ACC's
abhorrence to sexual misconduct on the part of any clergy, or
any person acting under the mantel of authority, of the ACC,
and to delineate a process to permit any person who believes
they have been a victim of sexual misconduct to report this
information to law enforcement or any agency as deemed
necessary.
While sexual
misconduct is not supported under any ACC doctrine or tenet,
there may be a clergy person who does not act in accord with his
or her training or conscience. The ACC is not responsible for
the sexual misconduct or inappropriate sexual activity of its
clergy, and has developed a policy to allow any person to notify
the ACC of any allegation so that appropriate action may be
taken. The ACC takes all complaints about its clergy or persons
acting under the mantel of its authority very seriously. All of
the clergy of the ACC have been mailed a copy of this letter via
registered mail and of the ACC's intent to enforce it strictly.
Any person who
has had any interaction with any clergy or persons acting under
the mantel of Authority for the ACC can and should report
statements, acts, or behavior that he or she believes may be
inappropriate to the ACC in accord with this policy. Sexual
misconduct means that any of the following behaviors are
UNWELCOME or UNSOLICITED.
Statements to
any person of any age or sex that are sexual in nature, an overt
sexual gesture, attempting to grope, kiss or touch another
person, attempting to engage in an unwelcome or unsolicited
personal or sexual relationship when it has been clearly
indicated that these advances are UNWELCOME between adults of
consenting age, and engaging in any sexual behavior with any
minor, welcome or otherwise, shall constitute sexual misconduct.
This includes any acts of sexual promiscuity and predatory
sexual advances with minors, and pedophilia.
Complaints
should be directed to the Presiding Bishop:
The Most
Reverend Thomas Abel
American Catholic Church
3900 Cleveland Ave.
San Diego, CA 92103
619-295-1489
The ACC prefers that any complaint be made in writing. If the
person is unable to make a complaint in writing, then a
telephone report may be made to the number listed. The person
may report the complaint to any clergy person, but only
complaints received by the Bishop can be assured to receive a
response in accord with this sexual misconduct policy. This
policy applies specifically to sexual misconduct or
inappropriate sexual activity. Sexual contact which is neither
criminal nor unsolicited, which may or may not be sinful, is not
within the immediate scope of this policy, yet however may be
addressed by the Board of Inquiry. However, anytime a person has
a concern of any kind, they should bring the information forward
to allow ACC officials to respond. The ACC encourages open and
frank communication with all persons about any matter of concern
When a complaint is received by any person, that person shall
immediately report the information to the Bishop. Immediately
means as soon as possible but in no event later than 48 hours
from receipt of the allegation. The person receiving the
complaint shall write down the person's name, address, phone
number, date the incident allegedly took place, a description of
the allegation, and the best way to contact the person who
claims to have been violated in any way.
It is not up
the clergy or those operating under the mantel of authority for
the ACC to verify the information or to conduct an
investigation. When the bishop receives a complaint about sexual
misconduct, the accused is immediately notified and suspended
from conducting any and all activities on behalf of the diocese.
The bishop will contact law enforcement or other appropriate
agencies with the information no later than 48 hours from
receipt of the allegation. Law enforcement must be notified
before the diocese starts its investigation. The only exception
is for information received during the Sacrament of
Reconciliation as provided in this policy.
The ACC pledges
its full cooperation with law enforcement or any appropriate
agencies, except as provided in the exception of information
received during the administration of the Sacrament of
Reconciliation. Within 72 hours of receipt of a complaint about
sexual misconduct, the Bishop will convene a Board of Inquiry
consisting of the Bishop and two clergy persons not named in the
complaint. The Board of Inquiry may investigate the allegation
to determine the guilt or innocence and the discipline of the
accused in conformity with the diocese that is not necessarily
in conformity with civil or criminal law. The investigation
undertaken must be wide enough in scope to make a credible
determination about whether the allegation has merit. The
investigation should take no longer than 60 days from the date
of the complaint but may be extended by the Bishop should it be
necessary.
The ACC may be
requested to defer their investigation upon request of law
enforcement. In those cases, the person against whom the
complaint has been made may not assume any activity on behalf of
the diocese or their ministry until resolution of the
investigation. In addition, the diocese may delegate its
investigatory authority to law enforcement and rely on their
conclusions.
When the
investigation is complete, and if the complaint has merit, the
Board of Inquiry shall meet to determine what action should be
taken against the offending clergy person. The diocese may
select any option which in its opinion is reasonable. The person
who made the complaint may request to appear before the Board of
Inquiry to express their opinion or to offer information. The
Board may immediately make a decision after the hearing or may
take the matter under advisement.
The Board of
Inquiry will make every effort to make a decision as promptly as
possible. The accused may not not act under the authority of the
diocese or provide any service related to the diocese using the
investigation and until the decision of the Board of Inquiry is
issued.
The Board of
Inquiry shall contact the person, in writing, who made the
allegations and inform them of the result of the investigation,
and any sanction imposed, in the event the allegations are
substantiated. If the allegations are unsubstantiated, the
Board of Inquiry will not release the report to safeguard the
reputation of the accused. The Board of Inquiry's decision is
final.
Sacrament of Reconciliation
Although the
ACC is an independent catholic church, it follows the guidelines
of the Roman Catholic Church regarding any information or
conversation that occurs during the Sacrament of Reconciliation
The seal of confession is absolute. Nothing learned by any
ordained clergy during the administration of the Sacrament of
reconciliation may be divulged to anyone for any purpose. This
means that any person who discloses any allegation of sexual
misconduct against a clergy person of the ACC or makes an
admission of sexual misconduct during the Sacrament of
Reconciliation cannot compel the individual who receives the
information during the Sacrament of Reconciliation to divulge
it. The ordained clergy person cannot, under any circumstances,
speak to anyone, including law enforcement, about any matter
whatsoever that is disclosed during the administration of this
Sacrament. In accord with this, the reporting and investigation
procedures are not applicable for any information concerning
sexual misconduct or inappropriate sexual activity during the
Sacrament of Reconciliation. This exception does not apply if a
person receives spiritual counseling or direction outside of
this sacrament.
The diocese is
not responsible for the acts of any clergy person or persons
acting under the mantel of authority for the ACC. All such acts
occur outside the scope of employment, contract and duties
required of any person affiliated with the ACC. All clergy
persons and persons acting under the mantel of authority of the
ACC understands and agrees to hold the ACC harmless and
indemnify the ACC from any and all action (s) arising from any
allegation, investigation, indictment, criminal prosecution or
dismissal from the ACC resulting from acts of sexual misconduct
or inappropriate sexual activity.
If any clergy
person of the ACC is convicted of any act of sexual misconduct,
then they shall NOT hold themselves out as a member of the ACC
or perform any duties for the ACC. The ACC may take any steps
necessary to protect the interests of the ACC and the People of
God. Once a clergy person has been convicted of a criminal
offense, including a misdemeanor, for sexual misconduct, then
they may not petition to the Board of Inquiry for reinstatement.
If the clergy person is not convicted of a criminal offense, but
has allegations of sexual misconduct substantiated through the
Board's inquiry, they may not request reinstatement. If the
clergy person has not been convicted of a criminal offense, and
the Board's inquiry does not substantiate the allegation, the
Board, at its discretion, may lift the suspension restoring the
clergy person to active status.