Last Updated: 4/5/2022
I. Objetivo
To provide guidance and establish roles and responsibilities for addressing any allegations of misconduct made against an Archbishop or Bishop serving in the Archdiocese of Saint Paul and Minneapolis.
II. Definiciones
"Archidiócesis" significa cierta entidad corporativa formada, mantenida y existente bajo la Sección 315.16 de Minnesota con el Nombre Comercial de Minnesota: "La Archidiócesis de St. Paul y Minneapolis".
“Director” means the Archdiocese employee responsible for managing Archdiocese processes for handling allegations of clergy misconduct and for leading the Office of Ministerial Standards and Safe Environment.
“Ministerial Review Board” means the advisory, consultative body assembled to advise the Archbishop and his staff regarding clergy misconduct. The Ministerial Review Board may also review and offer recommendations regarding Archdiocese policies and processes relating to misconduct.
“VELM Qualified Lay Person” means the non-ordained person appointed by the Archbishop to receive reports of conduct about bishops under Vos estis lux mundi, in accordance with the Directives for the Implementation of VELM by the United States Conference of Catholic Bishops.
III. Política
I. Scope
A. These procedures apply to any type of allegation of misconduct made against an archbishop or a bishop serving in the Archdiocese of Saint Paul and Minneapolis (“Archdiocese”) at the time the allegation is made.
B. Vos Esris Lux Mundi (VELM) is legislation enacted by Pope Francis on May 7, 2019. An allegation that is within the scope of VELM, namely allegations that a bishop engaged in sexual misconduct or interfered with an investigation of sexual misconduct, is governed exclusively by that legislation.[1]
The Director of the Office of Ministerial Standards and Safe Environment (“Director”), along with the appropriate archbishop and the “Qualified Lay Person” as decreed in the legislation, shall make the notifications and carry out the requirements set forth in the legislation.
C. An allegation not within the scope of the VELM shall be addressed according to the procedures set forth in Section II below.
II. Nov-VELM Misconduct Allegation Procedures
A. Notifications
- The allegation shall be reported promptly to the Director.
- Depending on the nature of the allegation, the Director shall notify civil authorities in accordance with Archdiocesan policies and state statutes.
- The Director shall notify other currently assigned Archdiocesan Ordinaries of the
allegation, unless there is a well-grounded reason to not do so. If this notification is not made, the Director shall inform the Chairperson of the Archdiocesan Finance Committee and Corporate Board (AFCCB) and the Chairperson of the Archdiocesan Audit and Risk Assessment Committee of the reason for not making the notification. - The Director shall notify the Chairperson of the AFCCB, the Chairperson of the
Archdiocesan Audit and Risk Assessment Committee, the VELM Qualified Lay Person, the Chancellor for Canonical Affairs and the Chancellor for Civil Affairs of the allegation. - The Director may confer with others with availing expertise or skills as appropriate.
B. Assessment and Referral
- The Director, in consultation with the Chairperson of the AFCCB, the Chairperson of the Archdiocesan Audit and Risk Assessment Committee and the VELM Qualified Lay Person, shall assess the nature of the allegation and refer as appropriate. They may confer with the Apostolic Nuncio or other bishops as they deem appropriate.
- If the Director and the Chairperson determine the allegation is of a nature that it must be addressed by the Congregation of Bishops or the Congregation for the Doctrine of the Faith, the Director and the Chancellor for Canonical Affairs shall have the matter referred to the appropriate Congregation through the Apostolic Nunciature.[2] The referral shall be documented in writing.
- If the allegation does not fall within the ambit of either Congregation, the Director shall be responsible for investigating the allegation and making a report to the AFCCB.
C. Investigation and Fact Finding
- Based on the nature and seriousness of the allegation, the Director shall determine the proper course for the investigation.
- In due course, the Director shall advise the Ministerial Review Board of the allegation. The Director shall also review the investigation, the findings and any conclusions or recommendations with the Ministerial Review Board.
III. Resolution
A. Upon resolution of any VELM allegation or any allegation resolved by one of the Congregations, the Director shall inform the Chairperson of the AFCCB and the Chairperson of the Archdiocesan Audit and Risk Assessment Committee of any actions taken, the findings, and the outcome as permissible.
B. For all other allegations handled within the Archdiocese, following the Director’s investigation and review by the MRB, the Director shall review the investigation, the findings and any conclusions or recommendations with the AFCCB. The AFCCB shall then determine whether the allegation has been substantiated and, if so, what actions to take. Subject to its competence and authority, the AFCCB has considerable discretion in deciding what actions, if any, to take. Such actions may include: 1) accepting recommendations forwarded by the MRB or the Director; 2) reporting information to civil authorities, to the Apostolic Nunciature, or other officials or Congregations of the Holy See; 3) making recommendations for corrective steps to be undertaken by the bishop who is the subject of the alleged misconduct, including a leave from ministry, to improve his ability to minister and to remediate harm; and 4) issuing public statements to inform the faithful of matters of importance in a fitting and responsible manner.
C. The actions taken, findings and outcome shall also be documented in appropriate file(s) and Archdiocesan records.
D. An archbishop or bishop serving on the AFCCB who is the subject of the allegation shall be required to recuse himself from any AFCCB discussions, deliberations or determinations relating to the allegation.
[1] The specific acts by an Archbishop or Auxiliary Bishop governed by YELM are the following: a) delicts against the sixth commandment of the Decalogue consisting of: i. forcing someone, by violence or threat or through abuse of authority, to perform or submit to sexual acts; ii. performing sexual acts with a minor or a vulnerable person; iii. the production, exhibition, possession or distribution, including by electronic means, of child pornography, as well as by the recruitment of or inducement of a minor or a vulnerable person to participate in pornographic exhibitions; b) conduct carried out by the subjects referred to in article 6 of Vos estis lux mundi, consisting of actions or omissions intended to interfere with or avoid civil investigations or canonical investigations, whether administrative or penal, against a cleric or a religious regarding the delicts referred to in letter a) of this paragraph.
[2] In accordance with the motu proprio Come una madre amorevole art. l, actions that are to be referred to the Congregation for Bishops include those where the bishop has “through negligence committed or through omission facilitated acts that have caused grave harm to others, either to physical persons or to the community as a whole. The harm may be physical, moral, spiritual or through the use of patrimony.” It also includes the bishop “objectively lacking in a very grave manner the diligence that his pastoral office demands of him, even without serious moral fault on his part.” Other acts to be reported to the Congregation for Bishops include allegations of canonical delicts not reserved to the Congregation for the Doctrine of the Faith.
