Our Commitment to Serving Survivors The Catholic Church takes seriously all allegations of sexual abuse by church personnel

Statement of Commitment

The Diocese of Oakland is committed to addressing allegations of sexual abuse by clergy (priests and deacons) in a prompt, comprehensive, and pastoral manner with due regard for the rights of all involved. The Diocese is committed to cooperating with public authorities investigating such allegations and will make all reported allegations of sexual abuse subject to an independent review. Upon receipt of an allegation of sexual abuse of a minor (meaning a child or vulnerable adult, as defined below), prompt contact will be made with the victim if he or she has reached the age of majority or, in the case of sexual abuse of a child who has not yet reached the age of majority, with the victim's parent(s) or legal guardian(s). The Diocese of Oakland is committed to addressing allegations of childhood sexual assault by clergy as a bearer of the Gospel message of reconciliation and healing.

This policy addresses sexual abuse of children and vulnerable adults only. This means sexual contact with and harassment of such persons, as well as the distribution or sharing of child pornography. A child is anyone under 18 years of age. A vulnerable adult is any person in a state of infirmity, physical or mental deficiency, or deprivation of personal liberty which, in fact, even occasionally limits their ability to understand or to want or otherwise resist the offense. This conduct is clearly defined in The Charter for the Protection of Children and Young Adults, The Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons (last updated June 2018) and The Vademecum (On Certain Points of Procedure in Treating Cases of Sexual Abuse of Minors Committed by Clerics) (last updated June 5, 2022).

Diocesan Review Board for Abuse of Minors

The Minor Diocesan Review Board (Board) is a consultative body charged with assisting the Bishop of the Diocese of Oakland in discharging his responsibilities for assessing and reviewing allegations of sexual abuse of minors by clergy. The Board shall be composed of no less than five and no more than nine members of outstanding integrity and good judgment in full communion with the Church. The majority of Board members shall be lay persons who are not in the employ of the Diocese, but at least one member shall be a priest and respected member of the Diocese. At least one member shall have expertise in the treatment of the sexual abuse of minors. Board members shall be appointed by the Bishop for a term of five (5) years, which may be extended for an additional five (5) years, or less, at the Bishop's sole discretion.
The Board shall meet quarterly. Additional meetings will be held on an as needed basis should the need present. The Board shall analyze and evaluate information related to the allegation and make a recommendation to the Bishop on the credibility of the accusation and actions to be taken in response. Communications during meetings of the Board are strictly confidential to allow for a full discussion of sensitive and private matters.

Procedure for Addressing Allegations of Sexual Abuse of Minors

I. Intake

The Diocese will maintain on its website clear and easily accessible information regarding reporting. It will advise those seeking to report an allegation of sexual abuse of a minor by clergy to contact law enforcement. It will also advise those seeking to report such allegations that they may, if they so choose, report such allegations to the Diocese by contacting the Diocesan Victim Assistance Coordinator (VAC) or the Survivor Advocacy Office. The Diocese will maintain a Survivor Advocacy Hotline for reporting and will display both the email and the telephone number for the Hotline on its website. The VAC will at all times be responsible for the Hotline and will adhere to the following procedures when responding to an allegation that is received by the Diocese via any means:

1. Upon receipt of an allegation of clergy abuse of a minor, the VAC will obtain facts and any documentation from the person reporting the incident.
2. The VAC will complete the Victim Intake Form. (See exemplar attached as Exhibit 1).
3. The VAC will advise the Chancellor of the Diocese of the allegation within 24 hours of intake and provide the Victim Intake Form and any documents collected.
4. The VAC will make a report of the allegation as mandated by law.
5. The VAC will interface with the victim in a trauma-sensitive manner and, to the extent possible, keep confidentiality during the investigation process.

The Chancellor of the Diocese will also notify and coordinate with the home diocese or order if the accused is not a priest of the Diocese of Oakland. In those cases, if (i) the accused is not currently working in the Diocese, (ii) the accused had never worked in the Diocese, or (iii) it is a matter of historical abuse upon which no action can now be taken by the Bishop (e.g. the perpetrator is unknown, the allegation was submitted by a third party and the victim's identity is unknown, etc.), the Diocese will play an active secondary role into the investigation but will not take the lead in the investigation.

If an accused cleric is subject to legal action, he is responsible for hiring his own attorney. He will also be asked to share some of the financial burden resulting from any ensuing litigation, to the extent of his financial ability.

II. Viability Assessment

Within seventy-two hours of intake (as set forth above), the Chancellor will take action to determine the viability of the allegation. Viability means that there exists in the allegation a semblance of truth, which will be found if a reasonable mind might accept as adequate that the basic facts of the allegation support the potential for the abuse to have occurred. The Chancellor will undertake this evaluation by analyzing the basic facts reported (e.g. victim's enrollment at school or parish where victim alleges abuse to have occurred, timing of alleged abuse matches dates when victim was enrolled such school or parish, placement of the accused at the location of the alleged abuse, etc.).

The Chancellor will advise the Bishop, Vicar General, Legal Counsel and Diocesan Communications of the allegation and they may assist in the viability assessment. The allegation will be reported to the Board at the next regularly scheduled meeting unless viability is not found and the allegation involves an active clergy member. In such cases, the Chancellor will call a meeting of the Board to report on the matter and allow for the Board to review the no viability assessment. The Board will also be briefed on all allegations, whether the allegation is deemed viable or not, and such actions will be subject to affirmation or challenge by the Board.

III. Credibility Investigation

Upon a finding of viability, the Bishop will issue a written decree to the accused withdrawing his faculties pending the outcome of the investigation. This decree removes the accused's authorization for public ministry. The Chancellor will confer with the Bishop and Legal Counsel to commence an investigation into the credibility of the allegation. As needed, the Diocese, through counsel, shall enlist the services of a qualified professional investigator to assist with the investigation. The investigation will be privileged and confidential. To the extent possible, protection of the privacy and good name of both the victim and the accused will be maintained. During the investigation, the accused enjoys the presumption of innocence and appropriate steps will be taken to protect his reputation. The accused is encouraged to retain the assistance of civil and canonical counsel and will be promptly notified of the results of the investigation. (Norm 6, Charter for the Protection of Children and Young People).

The Chancellor will work with Legal Counsel and the investigator, if any, to gather the facts and investigative findings for presentation to the Board. The purpose of the Board's review of the information is to assist the Bishop in his assessment of the matter. The Board will meet to review the findings and make recommendations after reviewing the information provided to it. The Board will deliberate on the credibility of the allegations and advise the Bishop in writing of its determination as to whether the allegation is "credible" or "not credible." "Credible" will mean that there is clear and convincing evidence (meaning highly probable or reasonably certain) of abuse to warrant proceeding with the canonical process. "Not credible" will mean that there is insufficient or inconclusive evidence of abuse to warrant proceeding with the canonical process.
Upon the completion of its review, the Board will provide a formal written recommendation to the Bishop deeming the allegation "credible" or "not credible." The Bishop will review the Board's written recommendation and attend the next Board meeting to discuss the Board's recommendation and the Bishop's response.

The Diocese will offer pastoral care and up to ten (10) therapy sessions to the victim during the course of the credibility investigation.

IV. Diocesan Response

If a written determination of credibility is issued by the Board, the Bishop may recommend canonical penalties (e.g. laicization) and will notify the Congregation for the Doctrine of Faith in Rome. However, the individual will not be placed on the credibly accused list unless and until one of the following occurs: (1) secular legal proceedings establish credibility; (2) canonical proceedings establish credibility; or (3) the individual has made a self-admission. Once the individual is placed on the credibly accused list, the Bishop will announce the credibility finding to parishes and the public. To further ensure that all priests within the Diocese are informed, an updated list will be provided to all active clergy within the Diocese noting the addition of the individual's name. Appropriate pastoral and psychological care will be offered to the individual. If he is not laicized, the Diocese will take steps to relocate him away from churches and parochial schools, and other known places where minors are present. The Diocese will also monitor his activities to the extent reasonably possible to help prevent any future attempts to engage in ministry or represent the faith publicly.

If credibility is not found, the Diocese will return the accused to ministry and work to restore his good name and reputation. The Diocese will also offer pastoral and psychological care to him.

Whether or not an allegation is found credible, a written recommendation, with analysis and Diocesan response (if any), will be included in the clergy files. The VAC and/or Chancellor will also remain in communication with the victim (if victim is not represented by counsel) to provide assistance, offer updates about investigative findings and Diocesan responses, and to continue therapy as needed.

Prevention

There is a pressing need both to acknowledge openly and to address sexual abuse of minors by clergy, especially in terms of its prevention. In addition to intervening in and responding appropriately to abuse allegations, the Diocese of Oakland commits itself to creating an atmosphere of prevention in its training, screening, and transfer procedures. Also, the Diocese will maintain the integrity of the ministerial relationship through educational workshops in awareness and prevention of the abuse of power and authority. The Board will maintain this emphasis on prevention of sexual abuse of minors and vulnerable adults by reviewing policies and procedures in an annual meeting with the Diocesan Safe Environment Coordinator and the Victims' Assistance Coordinator.