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/vulnerable adults, it is the policy of the Diocese of Biloxi that abuse of minors/vulnerable adults 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/vulnerable adults and with the provisions of this policy.
4 Through this policy, the Diocese of Biloxi takes steps to safeguard minors/vulnerable adults 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/vulnerable adults 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/vulnerable adults, 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/vulnerable adult to engage in sexual conduct, or having a minor/vulnerable adult 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 or vulnerable adult’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.
THE ESSENTIAL THREE
8 All diocesan personnel who are within the guidelines below will complete the “Essential Three”: (1) Criminal Background Check; (2) Safe Environment Training; and (3) Code of Conduct Agreement.
Clergy and Religious: Priests, deacons, religious men and women, bishops, retired clerics, deacon candidates, and seminarians
Employees: Diocesan, parish, and school employees, as well as contract services staff
Volunteers: Volunteers who are representing the parish or Diocese in a public/visible service ministry (ie: youth ministry, CCD, Mass ministry such as ushers and Extraordinary Ministers of the Eucharist)
It is recommended that all volunteers complete the Essential Three whenever possible.
9 It is the responsibility of each pastor, principal, or lay person in a supervisory role to ensure that those working under their direction/supervision have met these requirements. If the Diocese receives any clergy member on temporary or permanent assignment from another diocese or religious order, it is the responsibility of the Bishop or his designee to ensure that they all have met the requirements of The Essential Three before diocesan faculties are given to the clergy member.
10 Criminal Background Check. All diocesan personnel must undergo a criminal background check. The Diocese of Biloxi may grant provisional status to employees or volunteers awaiting the result of a criminal background check. The Diocese of Biloxi will review all adverse background check results. Background checks must be renewed every five (5) years.
11 Safe Environment Training. The Diocese of Biloxi shall provide educational program(s) on methods of preventing, recognizing, and reporting child abuse and sexual misconduct involving minors and vulnerable adults and others. Educational online or in-person safe environment training on the prevention of child sexual abuse will be required of all who minister, work, or volunteer with minors/vulnerable adults in the Diocese of Biloxi. The online or in person training will include information concerning: signs and symptoms, dynamics of sexual abuse, the impact of sexual abuse, intervention strategies, reporting requirements, and community resources.
Training shall be completed prior to any ministering, volunteering, or any contact with minors or vulnerable adults. Until completed, all diocesan personnel will be restricted and shall not have access to minors and vulnerable adults.
All employees and volunteers must be renewed yearly with supplemental training modules.
All paid or stipend employees, including clergy and deacons, must complete ongoing monthly educational bulletins.
Failure to complete ongoing training will result in noncompliance of this policy, restricting the personnel from access to minors and/or vulnerable adults.
12 Code of Conduct. All diocesan personnel will be provided with the appropriate Code of Conduct for review and acknowledgement. The signed acknowledgement of the Code of Conduct will be kept on file (via VIRTUS) during the duration of the individual ministering, employed, and/or volunteering in the Diocese. All diocesan personnel are subject to the obligations of their respective Code of Conduct and the Code of Conduct shall not expire.
OBLIGATION TO REPORT
13 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:
14 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 fifteen. The supervisor shall comply with the reporting requirements of local, state and federal laws and will also report immediately as directed in paragraph fifteen. Within a reasonable time, a written report will be submitted. The reference to the report in paragraph fifteen 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.
15 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 the 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 Faith Formation 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 eighteen.
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.
16 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 promptly communicate any complaint received of sexual or other physical abuse of a minor/vulnerable adult to the Vicar General.
17 The Vicar General shall immediately consult with, and seek direction from, the diocesan attorney on reporting and complying with applicable law.
THE CONSULTATIVE COMMITTEE
18 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.
19 Upon receipt of a complaint of sexual abuse or other physical abuse of a minor or vulnerable adult, as provided for in paragraph fifteen, 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:
The consultative committee will meet for an initial conference as soon as reasonably practical to discuss what investigation, if any, is needed.
The initial conference of the consultative committee may take place in person or by telephone.
Within a reasonable time, the consultative committee will make written recommendations to the Vicar General regarding the aspects of the matter, including, but not limited to:
If there is no legal obligation to report the complaint to civil authorities, the committee will advise whether or not to report the matter to civil authorities. The committee should weigh and respect, among other factors depending on the situation, the desires of the victim(s) as to the reporting of the incident(s), taking into consideration the right of the victim(s) to privacy and the present status and circumstances of the subject of the complaint.
Whether to suspend, terminate, or take other appropriate personnel action regarding the subject of the complaint.
Whether to hire an investigator to conduct an independent investigation.
Whether to hire a psychiatrist, psychologist, or other mental health professional to meet with the alleged victim(s) and/or subject of the complaint and/or witnesses.
Whether to recommend treatment for the alleged victim(s) and the subject of the complaint.
The Vicar General will follow all other pertinent provisions of this policy in matters dealing with allegations of sexual or other physical abuse of minors/vulnerable adults.
INVESTIGATION
ALLEGATIONS AGAINST DIOCESAN PRIESTS AND DEACONS
20 Due to the canonical relationship which diocesan priests and deacons have with the Diocese, if a complaint of sexual or other physical abuse is made against a diocesan priest or deacon, an investigation shall be made in accord with the policy pertaining specifically to diocesan priests and deacons which follows:
When the Vicar General receives a complaint against a diocesan priest or deacon, he will seek the guidance of the consultative committee and will investigate promptly. He may do this personally, or he may request other priests, deacons, religious or laity, including persons not in the employ of the Diocese, to conduct this investigation under his direction and coordination. This investigation may include speaking with the subject of the complaint, the alleged victim, the family of the alleged victim (if appropriate), and other appropriate persons, whenever possible.
If the complaint implicates a significant moral or legal doctrine, and if the priest or deacon admits the allegations, or if the allegations are established, he is to be permanently removed from active ministry. No priest or deacon who has committed an act of sexual abuse of a minor/vulnerable adult may be transferred for a ministerial assignment in another diocese.
If the priest or deacon denies the complaint, but the complaint implicates a significant moral or legal doctrine, and the evidence warrants it, the priest or deacon is to participate in a professional, independent psychological evaluation with a professional selected by the Bishop as soon as possible. Further decisions regarding his ministry are to be made after receiving the results of this evaluation.
If the circumstances warrant, the priest or deacon may request an administrative leave of absence which the Bishop of the Diocese of Biloxi may accept. If the circumstances warrant, the Bishop of the Diocese of Biloxi may impose, with or without the concurrence of the priest or deacon, an administrative leave and/or limitation or revocation of ministerial faculties, pending the outcome of the internal investigation and any independent investigation. An administrative leave may be imposed only after the Bishop speaks with the accused priest or deacon. Such action does not imply guilt on the part of the accused priest or deacon.
After completion of the internal investigation as established herein, the Vicar General shall make a determination about the validity of the allegation and shall make a written report with recommendations to the Bishop.
The Vicar General is responsible for making certain that pastoral care and solace are offered to all concerned. No medical, psychological or physical assistance may be offered without the approval of the Bishop.
Treatment is to be provided for the subject of the complaint as deemed appropriate by the Bishop.
ALLEGATIONS AGAINST PRIESTS, DEACONS, MEN AND WOMEN WHO BELONG TO RELIGIOUS INSTITUTES SERVING IN THE DIOCESE OF BILOXI
21 Due to the canonical relationship which members of religious institutes have with the Diocese of Biloxi, if a report alleges sexual abuse or other physical abuse of a minor/vulnerable adult by a man or woman, clerical or lay, who belongs to a religious institute, an investigation shall be made in accordance with the policy pertaining specifically to them which follows:
When the Vicar General receives a complaint against a member of a religious institute, he will notify the superior of the religious institute that a complaint against one of its members has been received and request cooperation of the religious institute in the investigation. He will also seek the guidance of the consultative committee and will investigate promptly. He may do this personally, or he may request other priests, deacons, religious or laity, including persons not in the employ of the Diocese, to conduct this investigation under his direction and coordination. This investigation may include speaking with the subject of the complaint, the alleged victim, the family of the alleged victim (if appropriate), and other appropriate persons, whenever possible.
If the complaint implicates a significant moral or legal doctrine, and if the religious admits the allegations, or if the allegations are established, he/she is to be removed immediately from active ministry.
If the religious denies the complaint, but the complaint implicates a significant moral or legal doctrine, and the evidence warrants it, the religious is to participate in a professional, independent psychological evaluation as soon as possible. Further decisions regarding his/her active ministry within the Diocese of Biloxi are to be made after receiving the results of this evaluation.
If the circumstances warrant, the religious may request an administrative leave of absence which the Bishop of the Diocese of Biloxi may accept. If the circumstances warrant, the Bishop of the Diocese of Biloxi may impose, with or without the concurrence of the religious, an administrative leave and/or limitation or revocation of ministerial faculties, pending the outcome of the internal investigation and any independent investigation. An administrative leave may be imposed only after the Bishop speaks with the accused religious and the superior of the religious institute. Such action does not imply guilt on the part of the accused religious.
After completion of the internal investigation as established herein, the Vicar General shall make a determination about the validity of the allegation and shall make a written report with recommendations to the bishop.
The Vicar General is responsible for making certain that pastoral care and solace are offered to all concerned. No medical, psychological or physical assistance may be offered without the approval of the Bishop.
Treatment is to be provided for the subject of the complaint as deemed appropriate by the Bishop.
ALLEGATIONS AGAINST OTHER PERSONNEL
22 If a complaint of sexual or other physical abuse of a minor/vulnerable adult by any personnel of the Diocese of Biloxi is presented (other than against a priest, deacon or religious as provided above), the Vicar General shall conduct an investigation as follows:
The Vicar General will seek the guidance of the consultative committee and will investigate promptly. He may do this personally, or he may request priests, deacons, religious or laity, including persons not in the employ of the Diocese, to conduct this investigation under his direction and coordination. This investigation may include speaking with the subject of the complaint, the alleged victim, the family of the alleged victim (if appropriate), and other appropriate persons, whenever possible.
Other appropriate action may be taken to protect the alleged victim(s), subject of the complaint, or other affected persons during the investigation.
If the Vicar General deems it appropriate, the subject of the complaint will be immediately relieved of any position in the Diocese of Biloxi and placed on administrative leave, pending the outcome of the internal investigation and any outside investigation. Administrative leave does not imply guilt on the part of the accused person.
The Vicar General is responsible for making certain that pastoral care and solace are offered to all concerned. No medical, psychological or physical assistance may be offered without the approval of the Bishop.
After adequate and appropriate investigation, the Vicar General shall make a determination about the validity of the complaint and take appropriate action.
Any personnel who admits to, does not contest, or is found guilty of sexual abuse or other physical abuse of a minor/vulnerable adult shall be immediately terminated from employment, or service, or any position of responsibility within the Diocese.
MEDIA CONTACT AND INQUIRIES
23 Any media contact or inquiries regarding an incident of sexual abuse or other physical abuse of a minor/vulnerable adult by personnel of the Diocese of Biloxi must be directed to the Diocesan Director of Communications.
24 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/vulnerable adult.
RECORDS
25 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 September, 2024