SAFE ENVIRONMENT
Eparchy of Newton Policy Addressing Allegations of Sexual Abuse of Minors By Priests or Deacons
To report sexual abuse by clergy, parish personnel or volunteers of the Eparchy of Newton, please contact the Victim Assistance Coordinator at vac@melkite.org or 1-800-447-8439.
If you need to report sexual misconduct involving bishops of the United States, or intentional interference in a sexual abuse investigation, you can do so through the Catholic Bishop Abuse Reporting Service. You can report through the website https://reportbishopabuse.org/ or by calling them at 1-800-276-1562.
Para denunciar abusos sexuales cometidos por clérigos, personal parroquial o voluntarios de la Eparquía de Newton, contacte al Coordinador de Asistencia a Víctimas a vac@melkite.org o al 1-800-447-8439.
Si necesita denunciar conducta sexual inapropiada que involucre a obispos de Estados Unidos o interferencia intencional en una investigación de abuso sexual, puede hacerlo a través del Servicio de Denuncias de Abusos de Obispos Católicos. Puede hacerlo a través del sitio web https://reportbishopabuse.org/ o llamando al 1-800-276-1562.
You can read or download the document as a PDF here: Eparchy of Newton Policy Addressing Allegations of Sexual Abuse of Minors by Priests or Deacons
As Christians and as Melkite Catholics, we consider the welfare and protection of our children a sacred responsibility. The policies of the Eparchy of Newton were revised in the light of the Charter for the Protection of Children and Young People, revised 2018, originally approved by the United States Conference of Catholic Bishops (USCCB) in Washington, D.C. in November 2002. Those Eparchial norms were an implementation of Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons approved by the Congregation for Bishops on December 8, 2002. This revision (2024) updates the eparchial policy.
Section 1: Prevention
Section 2: Screening
Section 3: Reporting
Section 4: Victim Healing
Section 5: Safe Environment Review Board
Section 6: Investigation
Section 7: Ministry/Service
Section 8: Definitions
1.0 Prevention:
1.1 The Eparchy of Newton has a Guide for Pastoral Conduct with Minors that includes a Code of Ethics to be adhered to by all the clergy and persons in positions of trust in the Eparchy including all employees and volunteers. This Code of Ethics will be reviewed regularly by the Safe Environment Review Board.
1.2 The Eparchy in cooperation with parents, civil authorities, educators, and community organizations will establish and/or recommend established safe environment programs. These will include programs of education and training for minors, parents, ministers, employees, volunteers, and others about ways to make and maintain a safe environment for minors. All eparchial programs designed to certify clerics, eparchial employees, and volunteers who serve children will include segments that address child sexual abuse.
1.3 The training curriculum will include information concerning signs and symptoms, dynamics of child abuse, impact of child abuse, intervention strategies, eparchy reporting requirements, local mandated reporter laws, and community resources. Youth programs in Eparchial parishes and institutions, that teach personal health and development or human sexuality, are to include discussions about safeguarding and reporting protocols at the appropriate age level. Concern for the innocence of youth will be paramount in any program and the guidelines issued by the Holy See found in “On the Teaching of Human Sexuality” will be adhered to rigorously.
1.4 Child abuse prevention and training programs will be offered and/or recommended to parents and the community at the parish level. Collaboration with local programs established by nearby dioceses of the Latin Church will be recommended.
2.0 Screening:
2.1 The background of all eparchial and parish personnel, including all employees and volunteers who have contact with minors, are to participate in the eparchial screening protocols. Applicants for employment or volunteer work which will involve contact with minors in parishes and institutions of the eparchy, or eparchial/parish sponsored activities, must provide the hiring agent information adequate to assess their suitability for contact with children. This will include a criminal background check, reference check, and acknowledgement of the eparchial code of conduct. Criminal background checks will be renewed on a quarterly basis.
2.2 Application for admission to seminary and diaconal formation programs will include psychological assessments. These assessments will include psycho/social/sexual development. Seminarians and clerics applying for transfer to the Eparchy must provide proof of prior psychological assessment that included psycho/social/sexual development that is satisfactory to the Eparchy or must undergo such psychological assessment.
2.3 Criminal background checks will be required of all candidates for ordination to the priesthood and diaconate.
2.4 Before being granted faculties to serve in the Eparchy of Newton, extern clerics must submit to the Eparchial Bishop of Newton, a letter of suitability signed by his ordinary. The letter of suitability shall include the date of the most recent criminal background check and the date of the most recent safe environment training. The letter shall indicate if the ordinary is aware of anything in this person’s background that is of concern regarding ministering to minors.
3.0 Reporting:
3.1 All instances of alleged, suspected, or known sexual abuse of a minor are to be immediately reported to civil authorities in accord with the laws of the jurisdiction, with due regard for the sacramental seal. Adults are encouraged to be familiar with the local mandated reporter laws.
3.2 The Eparchy will comply with all applicable civil laws with respect to the reporting of sexual abuse of minors to civil authorities and will cooperate in their investigation. In every instance, the Eparchy will advise and support a person’s right to make a report to civil authorities.
3.3 Allegations of sexual abuse of a minor will also be immediately reported to the Victim Assistance Coordinator or to the Catholic Bishop Abuse Reporting Service if the accused is a bishop or a bishop is intentionally interfering in a sexual abuse investigation. The Victim Assistance Coordinator shall confirm that the appropriate civil authorities have been notified of the allegation and shall promptly notify the Safe Environment Coordinator of the allegation. The Safe Environment Coordinator shall promptly notify the eparchial bishop of the allegation.
4.0 Victim Healing
4.1 The healing of victims, their families, and their community from the effects of sexual abuse by church leaders, employees, and volunteers begins when an allegation of abuse is received. Victims of sexual abuse experience a profound sense of loss and betrayal by someone from whom they had the right to expect protection and guidance. This is even more true when the offender represents spiritual authority and one’s connection with God. As a result, victims frequently have difficulty trusting others, fearful that they will be blamed for the abusive acts. Therefore, when victims decide to disclose the abuse, it is important that the response they receive is compassionate and non-judgmental.
4.2 Anyone receiving an allegation of sexual abuse will respond in a pastoral, and supportive manner, leaving investigative concerns to those who serve in that role. An allegation will be received without initial judgment as to the truth of the complaint. No intimation of blame will be made by the initial recipient of information. Individuals making allegations will be supported positively in their decision to disclose.
4.3 The eparchial bishop will designate a competent person as a Victim Assistance Coordinator to coordinate assistance and accompaniment for the immediate pastoral care of persons who claim to have been sexually abused when they were minors by priests, deacons, employees, or volunteers.
4.4 This Victim Assistance Coordinator will assess and respond to the immediate and long-term needs of the alleged victim, the victims’ family and others directly involved in the case. The Victim Assistance Coordinator will facilitate contact with resources that may tend to the mental health and spiritual needs of the alleged victim. The Victim Assistance Coordinator should also consider the needs of the parish communities, and others that are affected by the disclosure of sexual abuse and seek ways of promoting communal healing.
4.5 The Victim Assistance Coordinator will serve as a consultant to the eparchial bishop and the Safe Environment Review Board regarding the treatment needs of victims.
5.0 Safe Environment Review Board:
5.1 The Safe Environment Review Board is a predominantly lay board composed of a variety of professionals duly appointed to assist the eparchial bishop in a strictly confidential consultative capacity. It will have no final, decision-making authority, which authority will continue to reside exclusively with the eparchial bishop.
5.2 Board Functions:
5.2.1 To advise the eparchial bishop in his assessment of allegations of sexual abuse of minors and in his determination of suitability for ministry in cases where the accused is still living. At the eparchial bishop’s discretion, the board may also advise him in relation to allegations of deceased Church Personnel.
5.2.2 To review eparchial policies for dealing with sexual abuse of minors.
5.2.3 To offer advice on all aspects of sexual abuse cases, whether retrospectively or prospectively.
5.2.4 In fulfilling these functions, the board shall meet at least two times annually.
5.3 Membership:
5.3.1 The review board, established by the eparchial bishop, will be composed of no fewer than five (5) members of outstanding integrity and good judgment in full communion with the Church.
5.3.2 The majority of the board will be lay persons who are not in the employ of the eparchy. Membership shall include a person with expertise in the treatment of sexual abuse of minors. When possible, membership should include person(s) with background in civil law and with law enforcement or investigative experience. At least one member should be a priest who is an experienced and respected pastor of the Eparchy of Newton. Membership may include a parent and a parish priest. If appropriate, a survivor of sexual abuse who is at an appropriate place of healing may be a member.
5.3.3 The eparchial bishop may deem it desirable to have consultants participate in Review Board meetings. This may include but is not limited to the Promoter of Justice, the Victim Assistance Coordinator, and the Vicar for Clergy. Consultants do not have voting rights.
5.4 Appointment: Members appointed by the eparchial bishop will serve a five-year term, which is renewable. All board members will adhere to the rules of strict confidentiality regarding all deliberations and information received.
6.0 Investigation:
6.1 Every allegation of sexual abuse of a minor will be reviewed by the eparchial bishop to assess whether it is manifestly false and/or lacks the semblance of truth. The Safe Environment Review Board may be requested to review the matter and offer its recommendation on this initial assessment to the eparchial bishop.
6.2 When an allegation of sexual abuse of a minor by a priest or deacon/cleric is received and the determination has been reached that the allegation is not manifestly false and has the semblance of truth, a preliminary investigation in harmony with canon law will be initiated and conducted promptly and objectively (CCEO, c. 1468).
6.3 A preliminary investigation considers any parallel investigations or proceedings being conducted by civil authorities. If at the request of civil authorities, a preliminary investigation is to be delayed, the Dicastery for the Doctrine of Faith should be notified.
6.4 The purpose of the eparchial preliminary investigation is to ensure that the eparchial bishop has an accurate report of the alleged incident.
6.5 The preliminary investigation will be conducted by an individual appointed by the eparchial bishop in consultation with the review board and in accord with canon law (CCEO 408).
6.6 The investigator will report his or her findings to the eparchial bishop and to the Safe Environment Review Board.
6.7 The accused will be notified of the allegation and the name of the alleged victim by the Safe Environment Coordinator either before, during, or after the preliminary investigation, depending on the specific circumstance of the matter. The Safe Environment Coordinator shall consult with civil authorities to determine if such disclosures should be withheld until after the preliminary investigation is completed. When the Safe Environment Coordinator notifies the accused of the allegation, he or she shall promptly thereafter provide the accused with written notice of the allegation and a copy of any written complaint or written report of such complaint.
6.8 The accused is presumed innocent unless the evidence leads the eparchial bishop to conclude otherwise or unless he admits the allegation, in which case the provisions of section 7.3 hereof shall apply. The presumption of innocence does not preclude the eparchial bishop from taking administrative action regarding the assignment or employment of the accused before any investigation is completed. All appropriate steps shall be taken to protect the reputation of the accused during the investigation.
6.9 The accused will be advised of his rights and encouraged to retain the assistance of civil and canonical counsel and will be promptly notified of the results of the investigation by the Safe Environment Coordinator.
6.10 Notification of an allegation can impact the mental and emotional well-being of the accused. He will be encouraged and supported in seeking the assistance of mental health professionals and/or spiritual accompaniment.
6.11 When there is sufficient evidence that sexual abuse of a minor has occurred, the eparchial bishop will notify the Dicastery for the Doctrine of the Faith.
6.12 When there is sufficient evidence that sexual abuse of a minor has occurred, the eparchial bishop shall then apply the precautionary measures mentioned in CCEO, canon 1473 – that is, temporarily remove the alleged offender from the sacred ministry or from any ecclesiastical office or function.
6.13 The bishop may impose or prohibit residence in a given place or territory and prohibit the public participation in the Most Holy Eucharist pending the outcome of the process.
6.14 In every case involving canonical penalties, the processes provided for in canon law will be observed, and the various provisions of canon law will be considered. (cf. Canonical Delicts Involving Sexual Misconduct and Dismissal from the Clerical State, 1995; Letter from the Congregation for the Doctrine of the Faith, May 18, 2001). **other norms may be added here**.
6.15 In any investigation the bishop may impose other restrictions as deemed appropriate, without prejudice to the provisions of 6.12.
6.16 Unless the Dicastery for the Doctrine of the Faith, having been notified, calls the case to itself because of special circumstances, the eparchial bishop will follow the directions of the Congregation on how to proceed (Article 13, “Procedural Norms” for Moto proprio Sacramentorum sanctitatis tutela, AAS, 93, 2001, p. 787).
6.17 If the case would otherwise be barred by prescription, because sexual abuse of a minor is a grave offense, the eparchial bishop shall apply to the Dicastery for the Doctrine of the Faith for a dispensation from the prescription, while indicating appropriate pastoral reasons.
6.18 The Eparchy will conduct a judicial process of the case according to the appropriate canons and practice of the Church.
6.1 9 The alleged offender may be requested to seek, and may be urged voluntarily to comply with, an appropriate medical and psychological evaluation at a facility mutually acceptable to the eparchy and the accused.
7.0 Ministry/Service:
7.1 No cleric, employee, or volunteer removed from an eparchial, parish, mission, or other position in the Eparchy for allegations of sexual abuse of a minor will return to ministry or service before their case is assessed and his or her fitness is determined by the bishop in consultation with the Safe Environment Review Board.
7.2 The safety of minors is the paramount consideration governing the formation of recommendations regarding the future ministry or service of one accused of sexual abuse.
7.3 An allegation of sexual abuse of a minor made against a cleric will be deemed established if, with due respect for the provisions of canon law:
7.3.1 The accused individual admits to conduct defined by this policy as sexual abuse.
7.3.2 A civil court of criminal law finds the accused guilty of a crime that consists of conduct defined by this policy as sexual abuse.
7.3.3 The accused pleads guilty or no contest to a crime that consists of conduct defined by this policy as sexual abuse.
7.3.4 The appropriate church tribunal finds the accused has committed a grave delict.
7.4 When even a single act of sexual abuse by a priest or deacon is admitted or is established after an appropriate process in accord with canon law, the offending priest or deacon will be removed permanently from ecclesiastical ministry, not excluding dismissal from the clerical state if the case so warrants.
7.5 If an allegation of sexual abuse of a minor against a cleric is established as provided in section7.3, et. seq., and the penalty of dismissal from the clerical state has not been applied (e.g., for reasons of advanced age or infirmity), the offender ought to lead a life of prayer and penance. He will not be permitted to celebrate the Divine Liturgy publicly or to administer the Sacred Mysteries. He will be instructed not to wear clerical garb or present himself publicly as a priest.
7.6 At all times, the eparchial bishop has the executive power of clerical governance, through an administrative act, to remove an offending cleric from office, to remove or restrict his faculties, and to limit his exercise of priestly or diaconal ministry. Because sexual abuse of a minor is a crime in all jurisdictions of the United States, for the sake of the common good and observing the provisions of canon law, the eparchial bishop shall exercise this power of governance to ensure that any priest or deacon/cleric who has been found to have committed even one act of sexual abuse of a minor as describe herein shall not continue in the active ministry.
7.7 The priest or deacon may at any time request a dispensation from the obligations of the clerical state. In exceptional cases, the eparchial bishop may request of the Holy Father the dismissal of the priest or deacon from the clerical state ex officio, even without the consent of the priest or deacon. Care will always be taken to protect the rights of all parties involved, particularly those of the alleged victim/person claiming to have been sexually abused and the accused/person against whom the charge has been made.
7.8 When an accusation has proved to be unfounded, the eparchial bishop will take prompt action in attempt to restore the good name of the accused.
7.9 No priest or deacon/cleric who has been found to have committed an act of sexual abuse of a minor will be transferred for ministerial assignment to another eparchy/diocese or religious province.
7.10 Before a priest or deacon is transferred for residence to another eparchy/diocese or religious province the eparchial bishop shall forward, in a confidential manner, to the local eparch/bishop or religious ordinary of the proposed place of residence all information concerning any act of sexual abuse of a minor and any other information indicating that he has been or may be a danger to minors.
7.11 The eparchial bishop will not consider receiving any priest or deacon into the eparchy from another jurisdiction without previously receiving a written description of the clerics’ status. This should include a summary of all clerical restrictions and any safety plan established by the transferring ordinary.
8.0 Definitions:
8.1.1 Sexual Abuse of a minor includes sexual molestation or sexual exploitation of a minor and other behavior by which an adult uses a minor as an object of sexual gratification and includes the display or distribution to a minor of any picture, photograph, book, pamphlet, digital image, movie or magazine the cover of which or content of which is principally made up of descriptions or depictions of sexual acts or contact, or which consists of pictures of nude or partially nude figures posed or presented in a manner which the average person applying contemporary community standards would find, taken as a whole, appeals to the prurient interest.
8.1.2 Sexual abuse has been defined by different civil authorities in various ways, and these norms do not adopt any particular definition provided in civil law. Rather, the transgressions in question relate to obligations arising from divine commands regarding sexual interaction as conveyed by the sixth commandment of the Decalogue. Thus, the norm to be considered in assessing an allegation of sexual abuse of a minor is whether conduct or interaction with a minor qualifies as an external, objectively grave violation of the sixth commandment. (USCCB, Canonical Delicts Involving Sexual Misconduct and Dismissal from the Clerical State, 1995, p. 6). A canonical offense against the sixth commandment of the Decalogue need not be a complete act of intercourse. Nor, to be objectively grave, does an act need to involve force, physical contact, or a discernible harmful outcome. Moreover, imputability [moral responsibility] for a canonical offense is presumed upon external violation unless it is otherwise apparent. Ultimately, it is the responsibility of the eparchial bishop, with the advice of the review board, to determine the gravity of the alleged act.
8.2 For the purposes of eparchial policies concerning allegations of abuse of minors, the term “minor” or “minors” means any person(s) who has not attained eighteen (18) years of age or who, regardless of age, habitually has an imperfect use of reason.