Policy on Response to Sexual Abuse of a Minor
The monks of St. Benedict’s Abbey are vowed to a chaste celibate way of life and mutual respect among persons with whom they come in contact, seeking to imitate the love and respect Jesus showed to all. St. Benedict’s Abbey views sexual abuse of minors by its members to be morally reprehensible. In addressing an incident or allegation of sexual abuse by a member of the Abbey community, the Abbey maintains a primary concern for the victim’s safety and well-being.
Allegations of sexual abuse may come from a variety of sources, including alleged victims or members of their family, diocesan officials, members of the monastic community, a colleague in the workplace, or from an alleged perpetrator. Because each case is unique, the following is a general outline of the response process for allegations of abuse. The process may be adjusted to the nature of the allegation, the needs of the alleged victim, and the circumstances of the accused member. In every case the Abbey commits itself to dealing pastorally with and protecting the rights of all those involved.
This policy applies to all members of St. Benedict’s Abbey, including, professed monks, novices, postulants, and claustral oblates, as well as visiting monks, religious, and priests who are long- term residents, as adjusted according to their canonical status.1 Definitions of terms appear in the final section (X).
Recognizing that the sexual abuse has tragic consequences for the victim as well as for the abuser, St. Benedict’s Abbey adopts the following policy:
I. Reporting
All members must report known or suspected abuse of a minor by any member of St. Benedict’s Abbey to the Abbot. Reports of suspected or known abuse may also be made confidentially (unless otherwise required to be disclosed by canon law) to the Vicar of Personnel of the Archdiocese of Kansas City in Kansas: 913.402.3900.
All members must also report known or suspected abuse of a minor by a member of St. Benedict’s Abbey to the appropriate civil authority in the state where the abuse is alleged to have occurred in compliance with CMSM/Praesidium Standards on Hope and Healing,2 and regardless of state mandatory reporting laws.3 Reports of suspected or known abuse are to be made to the Kansas SRS Hotline Number: 1.800.922.5330.
1 In the event an allegation is made against the Abbot, the matter shall be referred to the President of the American-Cassinese Congregation.
2 CMSM/Praesidium Standard 12 states: The Institute will require its Members to report to civil authorities known or suspected sexual abuse of a victim who is currently a minor, regardless of the state’s mandatory reporting laws.3 While Kansas Statute 38-2223 (2009) does not list clergy or religious as mandatory reporters, St. Benedict’s Abbey policy requires all members to report to proper authorities any form of child abuse.
c. The Abbot will also report known or suspected current abuse of a minor or past abuse of a person who is still a minor to the appropriate civil authority in the state where the abuse is alleged to have occurred, whether or not required by state law, informing any member who reports the abuse that he will convey the report to the appropriate civil authority.
An anonymous allegation will be considered to the extent feasible based on known information.
A member should inform the Abbot if he believes that another member exhibits warning signs of unhealthy boundaries or relationships with minors. Warning signs in themselves may not constitute reasonable belief that sexual abuse has occurred. The Abbot is responsible for appropriate follow-up to such concerns as outlined in theAppendix of the St. Benedict’s Abbey Guidelines for Maintaining Ethical Interactions with Minors.
In the event that an allegation concerns a monk from another monastery, a member of another religious order or a diocesan priest or deacon residing in the monastery, the Abbot will inform the person’s superior and, if requested, assist the superior in the investigation of the allegation and in responding to the person making the allegation.
II. Initial Response
a. Response Coordinator
1. Upon receiving an allegation of sexual abuse against a member of St. Benedict’s
Abbey, the Abbot informs the Response Coordinator as soon as possible to provide assistance and guidance in responding to the allegation.
Pastoral Response to the Alleged Victim
The alleged victim and/or family will be provided with the names of Assistance
Coordinators to assist in advocacy and pastoral support.
The alleged victim and/or family will be offered pastoral support such as counseling
during the time of the investigation regardless of the credibility of the allegation.
The Abbot will offer to meet with the alleged victim and/or family to listen and
provide pastoral support, with another person present.
Pastoral Response to the Accused Member
After receiving an allegation of sexual abuse against a member, the Abbot will meet
with the member. Prior to explaining the allegation, the Abbot will advise the member that the conversation is not privileged, and, therefore, before responding the member may wish to consult civil and canonical legal counsel and, if advisable, have such counsel present for his meeting with the Abbot.
The Abbot will advise the member of the nature of the allegation, whether or not it has been or is being reported to civil authorities, and how to obtain civil and canonical legal counsel.
The Abbot will discuss with the member the advisability of immediate psychological evaluation, and, if appropriate, psychological care. The Abbot may not require the member to undergo evaluation or psychological care.
The Abbot will request that the member choose a support person and that the member inform the Abbot who this support person is.
After consultation with the Response Coordinator and the Abbey Council of Seniors, the Abbot will temporarily remove the member who has been accused of sexual abuse of a minor from ministry responsibilities and duties.
III. Investigation and Determination
When an allegation of sexual abuse of a minor is first received, the Abbot, or his delegate, will initially gather the following information in writing:
The name of the alleged victim;
The age of the alleged victim, both presently and at the time of the alleged abuse;
The contact information for the alleged victim;
The name of the alleged perpetrator;
Approximate dates of the alleged abuse;
The nature and location of the alleged abuse;
Information from the files concerning the present and past ministry, assignments,
and residences of the alleged perpetrator.
Upon receipt of the allegation, the Abbot shall promptly notify the Chairperson of the Abbey Review Board. The Chairperson shall notify all members of the Abbey Review Board of the substance of the allegation.
If the member admits the allegation as stated by the victim, the Abbot will immediately proceed to Section V of this policy.
If the member denies the allegation or aspects of the allegation, then the Abbot will appoint a Response Coordinator, who will diligently investigate the allegation.
When the Response Coordinator has completed his/her investigation, he/she will make a confidential report to the Abbot.
The Abbot will forward the report of the Response Coordinator to the Abbey
Review Board.
The Abbey Review Board will meet promptly after the Abbot’s referral of the
report, and following its own policies and procedures,4 will give written advice to
the Abbot concerning whether the allegation is established.
Within 60 days, the Abbot will inform the Abbey Review Board of his decision on
the matter.
If the matter has been turned over to the civil authorities and they assume conduct of the investigation, the Abbey’s independent investigation will be suspended pending the outcome of the civil or criminal investigation.
The Abbey will cooperate with authorized state and federal civil and criminal authorities in their investigation of allegations of sexual abuse of minors involving a member.
4 See St. Benedict’s Abbey Review Board Policies and Procedures, revised September 2014. IV. Procedures when Sexual Abuse Has Not Been Established
a. If the fact of sexual abuse by a member has not been established,
The Abbot will issue a canonical decree to this effect within ten days and the case is
closed;
The Abbot will reinstate the member to any responsibilities and duties from which
he was temporarily removed;
The Abbot and the community shall make every effort to restore the good name of
the accused member.
V. Procedures when Sexual Abuse Has Been Established
The Abbot will communicate his decision in writing to the member and indicate further steps to be taken in this matter.
The Abbot will inform the leadership of any organization such as a school or parish or civic group in which the member has admitted or been found to have sexually abused a minor.
The member against whom an allegation of sexual abuse of a minor has been established will be assessed to determine the level of risk of re-offending. If it is determined that the member against whom an allegation of sexual abuse of a minor has been established is a “high risk” offender, the Abbey will contract with an accrediting agency to perform unannounced audits to ensure consistent implementation of Safety Plan protocols.
After appropriate consultation, the Abbot will draw up a Safety Plan with the member.
The Safety Plan must include:
The history and nature of the problem behaviors, including the number of victims
and the age and gender of the victims;
Risk reduction strategies which the Abbot may apply by virtue of the vow of
obedience regarding:
Work
Travel
Association
Campus Access
Community responsibilities
Access to minors and supervision of such access
Personal relationships with family and friends
Use of electronic communications, social media and internet access
Financial accountability
Risk reduction strategies which the Abbot may request but cannot require without
the consent of the member, including:
Psychological evaluation
Residential treatment
Outpatient treatment
On-going therapy
Twelve-step programs
A monastic support group
Residence away from the monastery
When applicable, notation must be made of any sex offender registry requirements, as well as parole and probation requirements.
A Safety Plan must be for a definite period of time but for no longer than three years. At each expiration of a Safety Plan, the Abbot may again impose the same Safety Plan, establish a new or revised Safety Plan, or discontinue the Safety Plan. All such renewals, changes, or discontinuances, must be approved by the Abbey Review Board. If the member is considered a “high risk” offender, the accrediting agency contracted to perform unannounced audits of Safety Plans for “high risk” offenders will be informed within 30 days of all such renewals, changes, or discontinuances.
The Safety Plan must be reviewed initially by the Abbey Review Board after determination that the sexual abuse has occurred, and thereafter annually, by the Abbot and the Abbey Review Board. Materials included in the establishment and review of the Safety Plan are subject to Section VII.a.
The Safety Plan must be signed by the Abbot, the supervisor of the member, and the Chairperson of the Abbey Review Board. The member will be requested but cannot be required to sign the Safety Plan. If the member chooses not to sign the Safety Plan, it will be documented in his file.
VI. Communication
One spokesperson will be appointed to officially coordinate all public communication in the name of the St. Benedict’s Abbey. When advisable, this spokesperson will act in concert with designated representatives of Benedictine College, Maur Hill Mount Academy, parishes, or other appropriate entities.
The Abbot will inform the members of the monastic community and church officials about the allegation as soon as advisable and will maintain communication with them concerning the allegation, as appropriate, while it is being processed.
A public statement will be prepared and released as appropriate.
The Abbey will follow the policies of the diocese in which the allegation occurred on pastoral responses to communities affected by the allegation if the allegation arose in the context of ministry or employment in a diocesan entity.
If sexual abuse of a minor by a member is established to have occurred on the campus of Benedictine College or Maur Hill Mount Academy, the Abbot, in coordination with the representatives of the College, High School or other appropriate entities will communicate in a pastoral manner with appropriate categories of persons.
The Abbot will notify the diocesan bishop where the alleged abuse took place, and where the accused member is currently residing, as appropriate to the circumstances.
The Abbot will notify the employer of the place where the alleged abuse took place, and where the accused member is currently employed, as appropriate to the circumstances.
VII. Documents
Even though the Abbot may possess materials regarding a member, he may not release to a third party, including the Response Coordinator, the independent investigator, or the Abbey Review Board, without the written consent of the member, all or any of the following materials:
Medical records
Psychological records
Legal documents provided by the member
Notes or written records of conversations with the member regarding matters of
canonical privacy or manifestation of conscience.
All documents concerning an allegation of sexual abuse of a minor by a member are maintained in a confidential file to which only the Abbot controls access.
A notation is placed in the personnel file of the member noting that such a confidential file exists. The notation should indicate whether or not sexual abuse of a minor by the member was established.
If a member has a Safety Plan, the complete Safety Plan is kept in the confidential file described in VII.b. Additionally, a copy of only that portion of the Safety Plan specifying the risk reduction strategies, the supervisor, the consequences of non- compliance, and the duration of the Safety Plan, is kept in the personnel file of the member. If the Abbot deems it beneficial for the member’s compliance with his Safety Plan, the Abbot may share portions or in total the sections on “Use of Time,” “Risk- Reduction Strategies,” and “Accountability” with the Abbey Community and those responsible for the member’s care.
A complete copy of the Safety Plan is given to the supervisor of the member. In the event that a different person assumes the role of supervisor, the previous supervisor returns to the Abbot the copy of the complete Safety Plan and any other materials that had been provided to him by the Abbot.
VIII. Administrative Recourse
a. At any stage of the process the member has a right to administrative recourse according to the norms of canon law.
IX. Education
All members of St. Benedict’s Abbey, as well as visiting monks, religious, and priests who are long-term residents, with the exception of those who are excused by the Abbot because of physical or mental challenges, will participate in the Archdiocesan Virtus program. Additionally, all members and long-term residents will participate in at least one hour of education and training a year, as coordinated at the Abbey, on pertinent topics, including:
Maintaining a safe environment for children and young people
Maintaining a positive and healthy sense of human sexuality
Maintaining positive and healthy relationships with confreres, friends and family
Boundaries with minors, including instruction in positive forms of expressing
emotion and demonstrating ministerial care
Responsibilities on reporting known or suspected abuse of a minor
The Abbot and the Prior in consultation with the Council of Seniors are charged with organizing and maintaining this education and training for the community. The Abbey may contract outside resources to provide such education or may develop internal resources by appropriate professional training.
The Abbey will ensure education and training for those responsible for the supervision of members who have Safety Plans.
X. Definitions
Abbot: The person who holds the office of abbot of St. Benedict’s Abbey. It also applies to a person whom the Abbot delegates to carry out his responsibility.
Administrative Recourse: The procedures provided in canon law by which a member may appeal to a hierarchical authority regarding an administrative decision. In the context of this policy, this refers to the right of a member to appeal a decision of the Abbot to hierarchical authority according to the norms of canons 1732-1739 of The Code of Canon Law, and articles 121-125 of the Apostolic Constitution on the Rome Curia entitled Pastor Bonus (1988).
Allegation: A verbal or written statement that a member has sexually abused a minor.
Assistance Coordinator: A competent person designated by the Abbey to coordinate pastoral assistance for the immediate pastoral care of persons who claim to have been sexually abused when they were minors by a member of St. Benedict’s Abbey.
Civil Authority: Kansas Statute 38-2223 (2009) states mandatory reporting is to be made to the Kansas Department of Social and Rehabilitation Services. “When the department of social rehabilitation services is not open for business, reports shall be made to the appropriate law enforcement agency. On the next day that the department is open for business, the law enforcement agency shall report to the department any report receivedand any investigation initiated.”
Established Allegation: Based upon the facts and the circumstances, there is objective certainty that the accusation is true and that the incident of sexual abuse of a minor has
occurred (CMSM, Insturments of Hope and Healing, Standards for Accreditation,
“Definitions.”).5
g. Essential Norms: Essential Norms for Diocesan/Eparchial Policies Dealing with
Allegations of Sexual Abuse of Minors by Priests and Deacons published by the United States Conference of Catholic Bishops. The Essential Norms were made applicable to religious institutes and societies of apostolic life by the Apostolic See in Rome in 2006 in cases of sexual abuse by a priest or deacon of the institute or society. They were not made applicable to other members of an institute or society. However, the interpretation and application of the Essential Norms to an institute or society is governed by footnote 1 of the Essential Norms: “When a major superior of a clerical religious institute or society of apostolic life applies and interprets them for the internal life and governance of the institute or society, he has the obligation to do so according to the universal law of the Church and the proper law of the institute or society.”
h. Hope and Healing: Instruments of Hope and Healing: Standards for Accreditation prepared by Praesidium, Inc., and adopted by the Conference of Major Superiors of Men (CMSM).
Member(s): The person or persons are members of St. Benedict’s Abbey if they are a professed monk of St. Benedict’s Abbey, or a novice, postulant or claustral oblate of St. Benedict’s Abbey.
Minor: A person under the age of 18 years old.
Response Coordinator: A competent person appointed by the Abbot to assist the Abbot
in responding to an allegation of sexual abuse by a member of St. Benedict’s Abbey.
Review Board: Competent persons appointed by the Abbot to advise him in allegations of sexual abuse, monitoring of safety plans for members who have abused, and education of programs for members. The Abbey Review Board’s precise functions and governance of the Abbey Review Board are contained in the document, “St. Benedict’s Abbey Review Board Procedures and Policies.”
m. Sexual Abuse: Any offense by a member of St. Benedict’s Abbey against the sixth commandment of the Decalogue with a minor as understood in canon law (see Essential Norms, Preamble).
5 The Standards for Accreditation add an explanatory note to this definition: “This is a definition which keeps it in line with the concept of moral certainty required by canon law. The judgment of the major superior must be objective, i.e. based upon facts and circumstances discovered in the course of the investigation. It is not based upon a percentage of the evidence, i.e. most likely true or most likely occurred, which implies 50 + 1% of the evidence. It allows for the canonical principle in moral certitude which states that the judgment of the major superior admits that the contrary (the falsity of the accusation) is indeed possible but highly unlikely or improbable, to the extent that the major superior has no fear that the contrary (the falsity of the accusation) may be true.”