I. Introduction

The Diocese of Cheyenne has been blessed with many excellent and upstanding bishops, priests and deacons who constitute the diocesan clergy for the Catholic Church in the State of Wyoming. They have served and continue to serve the People of God diligently and faithfully, some as vicars of the diocesan bishop or members of the diocesan curia and most as pastors, parochial vicars and other parish ministers. The recent national attention, however, to incidents of the sexual misconduct by some clerics has demonstrated a need to re-emphasize the procedure which will be followed in response to accusations of sexual misconduct brought to the attention of the Bishop of the Diocese of Cheyenne.

Moreover, the Diocese of Cheyenne has been blessed with the devoted, capable ministry of dedicated lay people. Because accusations of sexual misconduct may be made against a member of the laity employed by the Diocese, a parish or an organization affiliated with the Diocese or against one who has volunteered, these procedures will guide the response in such cases.

II. General Statement

The Diocese of Cheyenne will manage the issue of sexual misconduct by clergy, staff and volunteers in an open and straightforward manner. We will respond with compassion to those who have been harmed, take action to redress the wrongs, extend God’s healing love to all those injured and protect and promote the safety of children. We will strengthen the education program for all clergy and religious, staff and volunteers on maintaining appropriate boundaries on the issue of sexual misconduct and on the issue of abuse and neglect of minors.

We will stand by clergy, staff and volunteers serving as ministers while maintaining the right of the congregation to a safe and secure environment in which to worship and pray together. Our actions will be grounded in a commitment to justice, accountability and mercy.

We are committed to regularly review and refine policies and procedures. We will comply with all laws regarding the reporting of allegations of abuse or neglect of a minor to the proper civil authorities.

III. Obligation to Report

There are two distinct types of reporting: internal and external. Internal reporting provides notice to diocesan officials of suspected instances of sexual misconduct. External reporting provides notice to local law enforcement agencies of suspected instances of child abuse or neglect.

Internal Reporting: Clergy, staff and volunteers who know or reasonably suspect an incident of sexual misconduct or who believe that they are victims of sexual misconduct, shall immediately provide a detailed report of the same as follows:

In the case of an accusation against a priest, deacon, seminarian, deacon
candidate, or religious – to the Vicar General (Father Michael Carr at
1-800-788-4606), or, if the Vicar General is unavailable, to the Chancellor
(Carol DeLois at 1-800-788-4606), who, in turn will inform the Bishop
(Bishop David L. Ricken at 1-800-788-4606);

In the case of an accusation against the Bishop – to the Vicar General; and,

In the case of an accusation against any other staff member or volunteer –
to the Chancellor or, if the Chancellor is unavailable, to the Vicar General.

The Vicar General will inform the Bishop of all reports. Unless circumstances warrant otherwise, the Vicar General will promptly notify the administrator of any organization affiliated with the Diocese (hereinafter called organization) of an accusation against a cleric, staff or volunteer of that organization. When an accusation is brought against a priest, deacon or religious involving a matter reserved to the Congregation for the Doctrine of the Faith and the preliminary investigation indicates there is reasonable cause to believe the truth of the matter, the matter will be referred to the Congregation.

External Reporting: Wyoming law requires citizens to timely report every reasonably suspected situation of child abuse or neglect to the Wyoming Child Protective Services. Child abuse includes more than sexual misconduct against minors as defined by this policy. Child abuse means causing physical or mental injury, harm or imminent danger to the physical or mental health or welfare of a child other than by accidental means, including: abandonment; excessive or unreasonable corporal punishment; malnutrition or substantial risk thereof by reason of intentional or unintentional neglect; and the commission or allowing the commission of a sexual offense against a child as defined by law. Neglect includes the failure of a parent or custodian to provide adequate care, support for education, medication, or other care necessary for the child’s well-being.

Any cleric, staff or volunteer who has any doubt regarding his or her external reporting obligations, should consult with the chair of the Conduct Investigation Team or with the Vicar General, who may, as needed, consult with diocesan counsel. The Vicar General or Chancellor will ensure that every allegation of abuse or neglect of a minor shall be reported to law enforcement on behalf of clergy, staff or volunteers who have knowledge of the allegation.

Those making external reports should make them by phone and in writing, to the Wyoming Child Protective Services. A written report must also be submitted on the Diocese of Cheyenne Child Abuse Reporting Form. Copies of the form may be acquired from the Chancellor or from the administrator of any affiliate of the Diocese of Cheyenne. A copy of the reporting form is attached as “Attachment 1.”

Subject to certain exceptions, Wyoming law states that any person who participates “in good faith in any act required or permitted by (the Act) . . . is immune from any civil or criminal liability for making the report.” (W.S. 14-3-209.)

Canonical Privileges Observed. Confidential statements made in the course of spiritual direction and statements under the seal of confession are inviolate under canon law and must never be disclosed. Accordingly, both internal and external reporting requirements established by this policy do not apply when the information giving rise to the duty to report is acquired exclusively through sacramental confession or spiritual direction.

IV. Assistance to Victims and Community

The Bishop of the Diocese of Cheyenne will designate a competent Lay Assistance Coordinator to organize and direct outreach to victims and the delivery of victim assistance and support services to persons who claim to be victims of sexual misconduct.

The Lay Assistance Coordinator of the Diocese of Cheyenne will offer pastoral, psychological and spiritual support to victims, their families and the faith community. Such assistance is pastoral and shall not, in any way, be considered as an indication of legal responsibility for the actions of the accused.

V. Formation of the Diocesan Investigation Team

The Vicar General will select the Diocesan Investigation Team from the pool of individuals trained to assist in this function. Generally, the Diocesan Investigation Team will consist of at least two individuals, including one man and one woman. A priest will always be a member of the team when the accused is a priest or deacon. A mental health professional will generally be a member of the team. Depending upon the circumstances and the decision of the Vicar General, diocesan counsel may be present and assist with the interviews.

VI. Diocesan Review Board

Purpose. The Diocesan Review Board purpose is to provide the Bishop
with added perspective and counsel regarding allegations, fitness and policies related to the prevention and management of alleged sexual abuse of minors. The Diocesan Review Board will review each circumstance investigated by a Diocesan Investigation Team involving an allegation of sexual abuse of minors. The Diocesan Review Board may also be used in other matters involving forms of sexual misconduct. The Diocesan Review Board will provide the Bishop with independent counsel on such matters. It will:

(a) Assess investigated allegations and fitness for assignment and
ministry of clergy, staff and volunteers (with the exception of religious) when the allegations involve sexual abuse of minors;

(b) Review the Diocesan Sexual Misconduct Policy, revisions of that policy and diocesan procedures regarding sexual abuse of minors.

(c) Provide advice and counsel regarding other matters as requested by the Bishop or the Vicar General; and,

` (d) Respect the confidentiality of information provided to it and
preserve the confidentiality and privileged character of its
deliberations and advice.

Membership. The Bishop will appoint members of the Diocesan Review
Board for five-year staggered terms. They will serve as diocesan agents. Candidates for membership on the Diocesan Review Board must be in full communion with the Catholic Church, of upstanding moral character, and of proven faith, good morals and good reputation. Candidates for membership must complete applications and background check authorization forms. The Chancellor shall be responsible for acquiring and reviewing such materials and for performing criminal background checks. The Diocesan Review Board will consist of at least five members. A majority of its members will be lay persons who will be uncompensated for their services and not otherwise in the employ of the Diocese. One member should have particular expertise in the treatment of the sexual abuse of minors. One member will be the Vicar General. At-large members may be appointed, one of whom may be a complainant or family member and one of whom may be a non-Catholic. The Bishop may, at his sole discretion, remove members from the Diocesan Review Board for cause.

Deliberations. When the Diocesan Review Board meets to assess
allegations and fitness for ministry, the members of the particular investigation team, diocesan counsel, and the Bishop should be present. The Chancellor and a canonist may be present, as needed. While everyone present may participate in the Diocesan Review Board discussion, the Diocesan Review Board members alone should finally formulate a recommendation regarding any question put before the Diocesan Review Board. Such recommendations should be reduced to written form and signed by the Diocesan Review Board members.

VII. Treatment of the Accused

In both civil and canon law, a person is presumed innocent until proven guilty. The presumption of innocence does not preclude the Diocese of Cheyenne from taking immediate, prudent action to protect individuals and the community in response to complaints and before an investigation is complete.

After an allegation is made, no bishop or priest involved in the investigation may hear the sacramental confession of the accused.

Clergy: When an allegation of sexual misconduct, especially sexual abuse of a minor, is made against a priest or deacon, the Diocese of Cheyenne will initiate a prompt, objective, preliminary investigation. During the investigation, the Diocese of Cheyenne will take all appropriate steps to protect the reputation of the accused. When there is sufficient evidence that child sexual abuse has occurred, the Diocese of Cheyenne will take appropriate measures to remove the cleric from ministry and place him on administrative leave. The Diocese of Cheyenne will also notify the Congregation for the Doctrine of the Faith.

Administrative leave will be planned and imposed consistent with the provisions of canon 1722. The length of time for leave will be specified along with living arrangements, location, financial support, treatment, conduct and aftercare, where applicable. At the end of the imposed time limit, the need for and terms of administrative leave will be reevaluated, pursuant to canon law.

The Vicar for Priests will offer pastoral support and will assist any priest or deacon on administrative leave to find housing and other pastoral support. The priest or deacon on administrative leave will continue to receive pay and benefits.

Non Clergy Staff and Volunteers will be placed on administrative leave during an investigation of credible complaints. The length of time for imposed administrative leave will be specified and, upon expiration, will be reevaluated. Staff may continue to receive pay and benefits until the accusation has been proven to be true to the satisfaction of the Diocese.

The Accused will be advised to retain civil and canonical counsel.

Pastoral and Psychological Support is essential for those accused. The accused will be offered pastoral, psychological and spiritual support from approved counselors.

The Bishop may refer accused clergy for assessment, evaluation, counseling and/or treatment. If the accused clergy chooses not to cooperate, the Bishop will be notified of the lack of cooperation. The Bishop or his designee shall make all decisions regarding the non-cooperating accused’s ministry and ministerial status.

Non-clergy staff and volunteers accused of sexual abuse are required to participate in pastoral and psychological counseling as a condition of further employment or volunteer activities, regardless of the outcome of the investigation. If the accused is married or has a family, pastoral, psychological and spiritual counseling will be offered to spouse and children.

When allegations are substantiated, the Diocese of Cheyenne may seek restitution from the offender for the services provided to persons harmed by sexual misconduct of clergy, staff or volunteers. The offender may be held responsible for the costs of therapy and for all other expenses incurred by the Diocese, including, but not limited to, attorney fees, court costs and judgments.

VIII. Transfer of Clergy

No priest or deacon who has committed an act of sexual abuse of a minor may be transferred for ministerial assignment to another diocese. Before a priest or deacon can be transferred for residence to another diocese, the bishop shall forward, in a confidential manner, to the local bishop of the proposed place of residence, any and all information concerning any act of sexual abuse of a minor and any other information that he has been or may be a danger to children or young people.

IX. Disciplinary Action

Corrective action, up to and including termination, will be applied when sexual misconduct has occurred. If it is confirmed that members of clergy, staff or volunteers have sexually abused a minor, the Diocese will permanently remove the individual from his or her position or appointment with the Diocese. If such an individual is a diocesan priest or deacon, the Bishop will, in accordance with the norms of canon law, prohibit the individual from exercising any sacred ministry, office or function and an ecclesiastical penal process will be initiated seeking dismissal from the clerical state. The Diocesan Bishop will support a petition from the priest or deacon for dispensation from the obligations of Holy Orders and the clerical state. When a penal process cannot be initiated, the Diocesan Bishop may petition for an administrative dismissal from the clerical state without the priest’s or deacon’s consent. When the penalty of dismissal from the clerical state has not be imposed, the offender is to lead a life of prayer and penance, and may be forbidden from exercising any sacred ministry, office or function, from wearing clerical garb, and from presenting himself publicly as a priest or deacon.

X. Release of Information.

There will be a designated spokesperson for the Diocese of Cheyenne. The spokesperson shall be responsible for responding to all inquiries and news conferences regarding allegations of sexual misconduct and will be informed immediately upon the receipt of any allegations.

All complaints to the Diocese of Cheyenne are treated as confidential. The Diocese of Cheyenne will neither confirm nor deny to the media:

That a complaint has been made;
The identity of any person reporting incidents, concerns, or allegations; and,
The identity of any person against whom a complaint is pending (until such time as the allegation becomes public record as a result of charges being filed or the matter is general public knowledge).

XI. Educational Tasks

Clergy, staff and volunteers are required to participate in the Safe Environment Program of the Diocese of Cheyenne. The program includes standards of conduct for persons in positions of trust with regard to sexual misconduct and abuse, signs and indicators of sexual misconduct and abuse and the means of reporting. This education and training will also be offered to parents, youth and children.

XII. Background Information

Each person applying to become a Church staff member or volunteer shall complete an information questionnaire and a background investigation disclosure and authorization form as part of the application process. The Chancellor or his or her designee shall review the information questionnaires and criminal background reports of all diocesan priests, deacons, seminarians, deacon candidates, religious, extern clergy, diocesan staff and diocesan volunteers. Each administrator of any organization affiliated with the Diocese shall review the information questionnaires and criminal background reports of all prospective staff or volunteers of that organization. Any current clerics, staff members or volunteers who have not previously completed an information questionnaire and a background investigation disclosure must do so. At the same time that the affiliated organizations submit the criminal background screening requests to the Diocese, they should also submit the volunteers’ background questionnaires or applications to the Diocese of Cheyenne for review by the Chancellor. Additional background checks may be periodically conducted.