Appendix 1

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Appendix 1

CANONICAL PROCEDURES IN CASES CONCERNING NON-ORDAINED MEMBERS OF INSTITUTES84

Section one:

Definitions

§ 1.1 “Institute” and “Major Superior”

The terms “institute” and “major superior” have been simplified in this section to facilitate readability. Refer to the note regarding vocabulary in § 1.1 (commentary) of the preceding Guidelines for a description of the terms as used in this document.

Section two:

Policies and Protocols

§ 2.1 Safeguarding Policy

Institutes should see to developing/updating safeguarding policies for the protection of minors in pastoral environments. Such policies are to conform to the standards set out in the policy of the diocese/eparchy where a house of the institute is situated.

§ 2.2 Response Protocol

Institutes should see to developing/updating a protocol for responding to allegations of sexual abuse of minors and vulnerable adults by their members (ordained or non- ordained).

With the appropriate adaptations, such a protocol would comply with secular and canon law and conform to the standards of the Holy See, the present Guidelines, and the protocol of the diocese where a house of the institute is situated; a copy of the protocol would likewise be provided to the bishop of that same diocese/eparchy for his records.

Section three:

Canonical Procedures

§ 3.1 Allegations Against Non-Ordained Members

• The non-ordained member of a clerical religious institute of pontifical right or of a clerical society of apostolic life of pontifical right is subject to the authority of his major superior who is the religious ordinary (CIC/c.134 1; CCEO/c. 984). In the case of a clerical institute of diocesan right, or of a public association of the Christian faithful, or an ecclesial movement whose members include non-ordained consecrated persons, the diocesan bishop is the proper ordinary (CIC/c. 594; CCEO/x), unless the Holy See has provided otherwise.
• The major superior, or in the case of institutes not divided into provinces, the supreme moderator is to ascertain whether the allegation against the non-ordained member has the semblance of truth. While respecting the accused’s right of defence, the major superior opens a preliminary inquiry, which is carried out in accordance with the provisions of CIC/cc. 695 § 2 and 698; CCEO/x. During the preliminary inquiry, the non-ordained member is relieved of any pastoral responsibilities pending the outcome of the inquiry.
• If the conclusions of the preliminary inquiry reveal that the allegation has the semblance of truth, the testimony and evidence (acts) are sent to the supreme moderator with the opinion of the major superior and his/her
• If the supreme moderator with his or her council, after analyzing the acts, considers the accusations are founded, the penalty incurred can go as far as decreeing the dismissal of the non-ordained member. The dismissal requires the competent authority to relieve the non-ordained member of his or her vows and the duties of consecrated life (CIC/c. 701; CCEO/x):
  1. In the case of an institute of pontifical right, both the decree of dismissal and the testimony and evidence (acts) are sent to the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life. This decree, in order to be valid, must be confirmed by the Holy Once the Holy See’s response has been received, the major superior communicates the decision to the member (CIC/c. 700; CCEO/c. 500).
  2. In the case of an institute of diocesan right, confirmation of dismissal of the non-ordained member belongs to the bishop of the diocese where the house to which the non- ordained member has been assigned is situated (CIC/c. 700; CCEO/c. 500).
• The major superior will, for the sake of “equity and evangelical charity” toward the non-ordained member who is separated from the institute, take care that he/she does not lack what is necessary for his/her decent support “in the best way possible” (CIC/c. 702; CCEO/c. 503 and CIC/c. 13502; CCEO/c. 1410).

§ 3.2 Analysis of the Gravity of an Offence

After the preliminary investigation, where guilt has been established, should the institute move to dismiss the non- ordained member, the major superior then considers the points in Appendix 2 in preparing the opinion for the Holy See.

Section four:

Other Measures to be Considered by Major Superiors

§ 4.1 Advisory Committee

Establish an interdisciplinary advisory committee to assist the major superior and his/her council on issues concerning the sexual abuse of minors.

§ 4.2 Communications Plan

Appoint a communications professional capable of responding to media inquiries; such a person would not replace the major superior as the official spokesperson of the institute