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Archdiocese of Chicago
Ten-year report on clerical sexual abuse of minors

This is the core of the report issued in January by Archdiocese of Chicago Chancellor Jimmy Lago which recaps the incidents, costs and response to clerical sexual abuse.

I. PERSPECTIVE

 

In April, 2002, Francis Cardinal George, O.M.I., Archbishop of Chicago, stated that the Archdiocese would publish a ten-year report summarizing issues of clerical sexual abuse of minors, the financial resources expended to address these issues and the number of priests involved. Cardinal George indicated that the report would be issued under the direction of Archdiocese of Chicago Chancellor Jimmy Lago and would be similar in scope to the report issued ten years ago by The Cardinal’s Commission on Clerical Sexual Misconduct with Minors.

In 1991, Joseph Cardinal Bernardin created a commission to study what the Archdiocese of Chicago needed to do to become more effective in its approach to addressing clerical sexual misconduct with minors. That commission issued a report in June, 1992. The recommendations of that report, which included the development of comprehensive policies and procedures and the establishment of the nine-member independent Fitness Review Board, were adopted that year and were implemented in January, 1993. Since then, those policies and procedures have formed the foundation for the Archdiocese’s response to issues related to sexual misconduct by cleric with minors for the past ten years.

While even one incident of clerical sexual abuse is one too many, this report demonstrates that the efforts of the Archdiocese during the past ten years to address this serious issue have resulted in three significant facts:

n no priest with a substantiated allegation of clerical sexual misconduct with minors is engaged in any form of ministry in the Archdiocese of Chicago.

n officials of the Archdiocese have reported all allegations, including those not deemed credible by the independent Fitness Review Board, to appropriate public authorities and will continue to do so.

n the Archdiocese of Chicago continues to do everything it can to ensure the safety of children in its parishes and schools.

The report summarizes the ten years from January 1, 1993, to January 16, 2003. It also chronicles the changes that have been made and those that are being recommended to enhance the Archdiocese’s ability to protect children.

The Case Report section of this document reviews the number of founded allegations processed and the current status of priests accused during the period January 1, 1993, to January 16, 2003. The report relates the cooperative relationship that has developed between the Archdiocese and public authorities regarding the appropriate reporting and investigation of clerical sexual abuse of minors. It also clarifies the policy of the Archdiocese regarding confidentiality agreements.

The Financial Report section identifies the fiscal impact that clerical sexual misconduct has had on the Archdiocese. It accounts for legal settlements and other costs related to the removal of priests accused of sexual abuse of minors. It also provides amounts expended for victim assistance, therapy and other costs that the Archdiocese deemed necessary to respond to those sexually abused.

The Canonical section discusses the Catholic Church’s process that governs the procedures for removing priests accused of sexual abuse of minors. This process outlines the type of trials that will be conducted to discover the truth while respecting the rights of both accuser and accused.

A set of Archdiocesan revised policies and procedures on clerical sexual abuse of minors is an important addendum to this report. These policies incorporate the provisions of the “Charter for the Protection of Children and Young People” enacted by the United States Conference of Catholic Bishops in June, 2002 and the Norms recognized by the Holy See, effective March 1, 2003. This document will undergo a final review by the consulting bodies of the Archdiocese of Chicago. Then the policies will be promulgated by Cardinal George as particular law for this local church. Copies of the Charter and the Norms are part of the appendices.

Archdiocesan leaders understand that no set of policies and procedures is perfect. Every possible scenario involving clerical sexual abuse of minors cannot be foreseen in detail.

They also recognize that no effort, no matter how comprehensive and well-meaning, can ever fully compensate victims for the pain they have endured. Nevertheless, the leadership of the Archdiocese remains committed to ensuring that children and young people are safe and that those who violate their trust are removed from ministry.

 

II. CASE REPORT

 

Since January 1, 1993, the Archdiocese of Chicago’s independent Review Board has determined there was reasonable cause to suspect that sexual abuse of a minor occurred in 55 matters dating back 40 years involving 36 Archdiocesan priests. These matters do not include allegations against religious order priests and priests from other dioceses granted faculties to minister in the Archdiocese. Allegations against religious priests and extern priests are referred to the appropriate religious superior or diocesan bishop. In addition, the Review Board determined in 1999 that there was reason to suspect that an Archdiocesan deacon had engaged in sexual misconduct with a minor. The deacon was withdrawn from ministry and has resigned.

The 55 allegations found to be credible by the Review Board involved 36 priests. 1The current status of the priests accused is as follows:

The 19 priests withdrawn from ministry were either in active ministry when the Review Board determined there was reasonable cause to suspect the priest had engaged in sexual misconduct with a minor or were in limited or restricted ministry and then withdrawn following the adoption of the Charter and Norms in June, 2002.

The following summary reflects the dates, as best they can be determined, of incidents giving rise to a Review Board determination that there is reasonable cause to suspect that sexual abuse occurred.

 

 

Before 1960 4

1961-1970 12

1971-1980 29

1981-1990 10

1991- present 0

 

Founded allegations: 55

 

No priest whom the Review Board has found reason to suspect engaged in sexual misconduct with a minor currently is engaged in any type of ministry in the Archdiocese of Chicago.

 

III. REPORTING TO AUTHORITIES

 

The Archdiocese has always complied with the Illinois child abuse reporting laws. As a part of the 1992 comprehensive policies regarding sexual abuse of minors by clergy, the Archdiocese appointed a Professional Fitness Review Administrator to receive all allegations of sexual abuse of minors. The 1992 policies required the Professional Fitness Review Administrator to comply with the applicable child abuse reporting laws. Accordingly, since 1993 when the policies were implemented, the Professional Fitness Review Administrator has reported allegations of child sex abuse to the Illinois Department of Children and Family Services. At that time, the Archdiocese also regularized its practice of voluntarily reporting to the appropriate state’s attorney whenever it removed a priest from ministry because of an allegation of sexual abuse of a minor.

In 2002, the Archdiocese of Chicago broadened its protocol and now reports all allegations, even those without foundation, to the appropriate state’s attorney in Cook or Lake county. In accordance with the Charter for the Protection of Children and Young People (Revised Edition), the Professional Fitness Review Administrator continues to report allegations to the Illinois Department of Children and Family Services as required by law, and the Archdiocese cooperates with the civil authorities in their investigation.

In most cases, however, the statute of limitations has run out and civil authorities cannot move forward with an investigation.

 

IV. CONFIDENTIALITY OF SETTLEMENTS

 

In past years, settling claims of a victim against the Archdiocese was done with a legal agreement containing a confidentiality provision, unless the victim’s attorney objected or requested a modification to the agreement. Although this is common legal practice in this country, the Archdiocese has not enforced these confidentiality provisions in the past. In 2002, Cardinal George announced that the Archdiocese will not do so in the future. In accordance with the Charter for the Protection of Children and Young People (Revised Edition), the Archdiocese will not seek the inclusion of a confidentiality provision in future settlements unless there are “grave and substantial reasons brought forward by the victim/survivor.”

 

V. FINANCIAL REPORT

 

Financial Resources Expended

 

The following chart details the funds expended directly related to clerical sexual abuse of minors for the ten fiscal years since the Cardinal’s Commission on Clerical Sexual Misconduct with Minors issued its report to Joseph Cardinal Bernardin in June 1992.

The costs reported cover those directly involved in responding to misconduct, such as treatment and counseling for victims, priest rehabilitation and legal expenses. During the ten-year period, $1.3 million was spent to defend a priest and a school principal judged to be innocent by a civil jury.

The costs of other activities, such as adjustments in the seminary program and priest formation, making changes to policies and procedures, the creation of an independent Fitness Review Board, the administration of the Victim Assistance Ministry (which deals with non-abuse issues as well), and the time spent by staff members in other Archdiocesan offices who work on misconduct issues from time to time are not included. While these activities have been impacted by misconduct issues, the administrative costs would have been incurred anyway, so no attempt has been made to allocate costs to these activities. Accruals or provisions established to recognize potential future payments for past acts of misconduct are not included in the above figures, but they are included in the Fiscal Year 2002 Annual Report of the Archdiocese of Chicago.

 

Funding Sources

 

Funds to pay for expenses related to sexual abuse of minors have come from the sale of undeveloped real estate, payments from insurance companies and, most recently, from the unrestricted, general revenue fund of the Archdiocesan Pastoral Center.

Real estate sales have been the largest source of funds during the last ten years. In the early 1990’s, the Archdiocese sold various pieces of undeveloped real estate, and the proceeds were put into a separate fund. In total, $15 million was set aside to help cover costs related to all misconduct, including settlements. By the end of fiscal year (FY) 1999, these funds had been expended.

During the last ten years, the Archdiocese has recovered $2.8 million from insurance companies related to misconduct coverage.

Since FY 1999, some misconduct related expenses have been paid from the unrestricted, general revenue of the Archdiocesan Pastoral Center. Pastoral Center general revenue includes lease income, investment income, proceeds from the sale of assets (including real estate), and other general revenue. As the term ‘general revenue’ implies, these sources of revenue are not specifically designated for a particular ministry or agency and they carry no donor restrictions.

No donation, given either to a parish or to the Archdiocese of Chicago, will be used to meet the direct costs of the sexual abuse.

In the future, all additional direct expenses related to misconduct will be covered by income received from the sale or lease of various non-parish related properties owned by the Archdiocese, as well as proceeds from insurance coverage. Any expenses covered by the general fund will be reimbursed.

VI. POLICIES AND PROCEDURES

 

On June 14, 2002, the United States Conference of Catholic Bishops approved a Charter for the Protection of Children and Young People and Essential Norms for Diocesan/Eparchial Policies Dealing with Allegation of Sexual Abuse of Minors by Priests, Deacons, or Other Church Personnel, for the implementation of the Charter. Both documents were revised and approved on November 13, 2002, following the changes to the Norms proposed by the Mixed Commission. That Commission was composed of four bishops from the Holy See and four bishops from the United States who met in Rome in October 2002. These Norms received the recognition of the Apostolic See on December 8, 2002, and were promulgated by the United States Conference of Catholic Bishops on December 12, 2002, and will constitute particular law for all the dioceses/eparchies of the U.S., effective March 1, 2003.

Many of the provisions of the USCCB’s Revised Charter and the Revised Essential Norms were contained in the Archdiocese of Chicago’s policies and procedures initially promulgated in 1992. Those policies are now amended to incorporate the provisions of the USCCB Revised Charter and Revised Norms. (See appendix ii and iii). They provide an effective means for victims/survivors to report clerical sexual abuse to the Office of Professional Fitness Review, to report to civil authorities and for that report to be processed by the Fitness Review Board.

 

VII. CANONICAL PROCESS

 

Among the changes proposed by the Mixed Commission of four bishops from the Holy See and four bishops from the United States that met in Rome in October 2002 was a provision, already in Canon (Church) Law, that provides for a judicial process by which a priest can appeal his removal from ministry by his bishop. The Charter and Norms must be in conformity with Canon Law, and thus the provision was added by which bishops now must send all cases of sexual abuse of minors deemed credible by diocesan review boards to the Holy See for permission to proceed with canonical trials. (See appendix iv)

Public Hearings

 

The Catholic Lawyers Guild of Chicago, responding to a request from Cardinal George, volunteered to organize archdiocesan-wide public forums to listen to parishioners throughout the Archdiocese of Chicago on the issue of clerical sexual abuse of minors. These forums were held on May 21, 2002, in 38 parishes in Cook and Lake counties. The results of these forums and of questionnaires filled out by participants and parishioners who could not attend were presented to Cardinal George by the Catholic Lawyers Guild in a special report.

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