POLICY OF THE DIOCESE OF BILOXI
REGARDING COMPLAINTS OF ABUSE OF MINORS AND VULNERABLE ADULTS
INTRODUCTION
1 Every person is created by God. God has given to each of us a dignity that must be respected. Therefore, the Catholic Church condemns all forms of abuse of people of all ages.
2 In regard specifically to minors, it is the policy of the Diocese of Biloxi that abuse of minors is totally reprehensible and intolerable behavior. Any such conduct is, by its very nature, completely contrary to Christian morality. Therefore, it is contrary to the duties and employment of all personnel serving within the Diocese. It cannot and will not be tolerated.
3 All who serve the mission of the Catholic Church within the Diocese of Biloxi must comply with all applicable local, state and federal laws regarding incidents of actual or suspected abuse of minors and with the provisions of this policy.
4 Through this policy, the Diocese of Biloxi takes steps to safeguard minors in the circumstances described in the following provisions. This policy establishes requirements and procedures in an effort to prevent sexual and other physical abuse of minors by personnel within the Diocese and to provide instructions to all personnel within the Diocese as to how to respond to complaints of abuse of minors, if any such complaints are received. Anyone accused of abuse of a minor or vulnerable adult retains all the rights afforded him or her by canon law or civil law.
DEFINITIONS
5 For the purpose of this policy only:
“sexual abuse” is the involvement with, use of, aiding, tolerating, condoning, employment of, or coercion of, of any minor to engage in sexual conduct, or having a minor assist, participate or cooperate with any –person to engage in any sexual conduct. Sexual conduct involves all acts of a sexual, lewd or lascivious nature contrary to the moral instruction, doctrines or canon law of the Catholic Church or otherwise unlawful, including but not limited to fondling and various acts of sodomy and intercourse, but also the creating, producing, distributing, or facilitating the distribution of any visual depiction of such conduct or behavior, whether simulated or actual; it expressly includes the creation or production of child pornography as well as the possession or viewing of child pornography except for the limited, legitimate purposes of disciplining or the reporting of such matters to authorities. Child pornography is not only a grave moral offense, it is also a criminal offense and is required by law to be reported to civil authorities.
“other physical abuse” is the intentional infliction of any physical injury or emotional injury provided that the latter is of sufficient magnitude so that it causes a deterioration in or endangerment to the minor’s health, moral or emotional well-being.
“Child pornography,” for purposes of this policy, is the production or possession of child pornography shall be considered sexual abuse of a minor. Possession or production of child pornography is not only a grave offense of children; it is a criminal offense and is required by law to be reported to civil authorities.
“supervisor” is the pastor of a parish, the principal of a school, or the director/head of a diocesan office or agency or an affiliated corporation.
“minor” is any individual under the age of eighteen years; this term also includes any individual under the age of twenty years who is currently enrolled as a student in a school of the Diocese of Biloxi or an individual who is a vulnerable adult.
“vulnerable adult” is a person eighteen years of age or older who is significantly impaired in the ability to, or otherwise unable to, protect his or her own rights, interests and/or vital concerns and who cannot readily seek help without assistance because of a physical, mental or emotional impairment.
“clergy” refers to bishops, priests, and deacons.
“personnel” includes all persons, eighteen years of age and older, clergy, religious and lay, who participate in the work of the Diocese of Biloxi, whether full-time or part-time, paid or non-paid.
“Diocese of Biloxi” or “Diocese” includes the diocesan departments and administrative offices, together with all parishes and missions within the Catholic Diocese of Biloxi, and all schools, institutions, agencies, and other offices affiliated with, supervised, controlled or directed by any of the diocesan departments and administrative offices or parishes or missions within the Catholic Diocese of Biloxi.
“Bishop” is the Bishop of the Catholic Diocese of Biloxi as appointed in accord with Church law and includes any individual lawfully exercising oversight of the Diocese in accordance with Church law, whether under the title Bishop, Administrator, Apostolic Administrator, or otherwise.
DUTY TO DISTRIBUTE
6 A copy of this policy will be sent by the Diocese of Biloxi to all clergy, school principals, religious, seminarians, diocesan office directors, parish directors of religious education, parish youth ministers, social service centers, and administrators of housing locations. They are obligated by this policy to distribute this policy to all employees whom they supervise or with whom they serve, as well as all volunteers whom they supervise or with whom they serve.
7 On site audits will be conducted at parishes and schools to ensure the policy has been distributed in accord with paragraph six. It is not necessary to reissue the policy to personnel who have already received it. It is necessary to make certain that all new personnel have received a copy of the policy.
EDUCATIONAL PROGRAMS
8 It is recommended that all clergy, seminarians, religious, employees and volunteers participate in a Safe Environment Training every 5 years. This training can take place at the Diocesan, school or parish level or at seminaries. Training is also available on the Diocese of Biloxi web site through Catholic Mutual.
OBLIGATION TO REPORT
9 Any person who has actual knowledge of or who has reasonable cause to suspect an incident of sexual or other physical abuse of a minor by any personnel of the Diocese of Biloxi shall comply with all applicable reporting requirements of local, state and federal laws (unless to do so would violate the priest-penitent privilege of the sacrament of confession), and shall also report to the Diocese as follows:
10 A verbal report shall be immediately communicated to the supervisor unless the supervisor is the subject of the complaint, in which case the report shall be made as provided in paragraph eleven. The supervisor shall comply with the reporting requirements of local, state and federal laws and will also report immediately as directed in paragraph eleven. Within a reasonable time, a written report will be submitted. The reference to the report in paragraph eleven includes both the verbal and written report. A request for anonymity on the part of any person reporting an allegation of abuse who does not wish to have his or her identity revealed will be honored to the extent allowed by law.
11 If the complaint is made against a bishop, priest, deacon or religious, the report is to be made to the Vicar General of the Diocese of Biloxi and/or any person or authority provided for in ecclesiastical or civil law. The Vicar General will also be responsible for any reports that are not covered by the following personnel:
If the complaint is made against personnel of a school, the report is to be made to the Superintendent of Catholic schools of the Diocese of Biloxi.
If the complaint is made against personnel involved in youth ministry, the report is to be made to Director of Youth Ministry of the Diocese of Biloxi.
If the complaint is made against personnel of Catholic Charities of South Mississippi or any housing corporations sponsored by the Diocese of Biloxi, the report is to be made to the Executive Director of Catholic Charities of South Mississippi.
If the complaint is made against personnel involved in parish religious education, the report is to be made to the Director of Religious Education of the Diocese of Biloxi.
All reports are to be given to the Vicar General who will initiate an investigation of the complaint with the advice of the consultative committee as provided for in paragraph fourteen.
In the event that any of the above named individuals are not available, the Bishop may appoint a person to act in the person’s absence.
12 A person may also lodge a complaint of sexual abuse or other physical abuse of a minor by contacting one of the following: his/her parish priest, the local dean, the Director of the Office of the Permanent Diaconate of the Diocese of Biloxi, or the Vicar General directly. All priests and deacons are to communicate promptly any complaint received of sexual or other physical abuse of a minor to the Vicar General.
13 The Vicar General shall immediately consult with, and seek direction from, the diocesan attorney on reporting and complying with applicable law.
THE CONSULTATIVE COMMITTEE
14 The Bishop will appoint five to seven individuals to serve as members of a consultative committee.
The consultative committee will advise the Vicar General in the conduct of the investigation. The consultative committee may include mental health or social services professionals, parents, religious, and clergy. The committee has no role in the actual investigation of the complaint, but shall serve to advise the Vicar General, who is responsible for directing the investigation.
15 Upon receipt of a complaint of sexual abuse or other physical abuse of a minor, as provided for in paragraph eleven, the Vicar General shall promptly convene the consultative committee. The Vicar General will direct the investigation of the complaint and must seek the advice of the consultative committee in accord with the following procedure:
MEDIA CONTACT AND INQUIRIES
19 Any media contact or inquiries regarding an incident of sexual abuse or other physical abuse of a minor by personnel of the Diocese of Biloxi must be directed to the Diocesan Director of Communications.
20 Within the confines of respect for the privacy of the individuals involved, the Diocese of Biloxi pledges itself to deal as openly as possible with the members of the Church and the broader community about any incident of sexual abuse or other physical abuse of a minor.
RECORDS
21 Records maintained by the Vicar General concerning each occurrence reported, the investigation, and the results of the investigation, shall be placed in a sealed envelope marked “confidential” and held in a locked file cabinet. The Vicar General shall maintain the files, under seal, with access limited to the Bishop of the Diocese of Biloxi, the Vicar General, and the diocesan attorney.
Revised January, 2019