tvc.dsj.org | October 23, 2018
IN THE DIOCESE
5
About the List of Clergy with
Credible Allegations of Sexual Abuse of Children
Why are you publishing this list
now?
In the years since the 2002 Dallas
Charter, we have learned that making
the names of clergy with credible al-
legations of sexual abuse of children
public strengthens our accountability
and demonstrates transparency to
rebuild trust. It encourages other
victims/survivors to come forward
and helps in the healing of those
victims/survivors who do not come
forward, but see the acknowledg-
ment by the Church that the priest
who abused them was victimizing
children sexually.
What does the term “determined
to be credible” mean?
Determined to be “credible” is
established by either of these three
standards:
1. Admitted to by the offending
cleric
2. Criminal conviction by civil
authorities
3. Deemed as such by the In-
dependent Diocesan Review
Board/Sensitive Incident Team
based on pertinent and affirm-
ing details that would support
the allegation within plausible
and reasonable means.
What is the Independent Dioc-
esan Review Board?
The Independent Diocesan Review
Board is a confidential consulta-
tive body to the Bishop. This board,
chaired by Honorable Edward Panelli,
a retired Associate Justice of Califor-
nia Supreme Court, consists of eight
lay professionals from the legal, law
enforcement, and medical science
communities and a member of the
clergy. The Diocesan Review Board
assesses allegations of sexual abuse
of children and vulnerable adults by
priests, deacons, and other church
personnel to advise the Bishop on
whether the allegations appear to be
credible.
What does “Restricted Ministry”
mean?
The priest may carry on some
priestly functions, usually of an ad-
ministrative nature. On occasion, a
priest may have been able to partici-
pate at a Mass, if he was supervised
and obtained the permission of the
Bishop.
What does “Removed from Min-
istry” mean?
The priest is placed on administra-
tive leave, and his faculties (permis-
sion from the bishop to exercise his
priestly duties) are suspended. He
cannot celebrate Mass, serve in public
ministry or hold any assignments
with the diocese or elsewhere until
further notice.
What does “Permanently Banned
from Ministry” mean?
The priest’s faculties (permission
from the bishop to exercise his priest-
ly duties) are removed permanently
and he is forbidden to function as a
priest ever again. He cannot celebrate
Mass, serve in public ministry, or
hold any assignment with the diocese
or elsewhere.
Why were some priests only re-
stricted, removed or permanently
banned after several allegations?
Without criminal charges or ad-
mittance of guilt by the cleric, it was
the point in time in which the allega-
tion was substantiated by the inves-
tigation of the Independent Diocesan
Review Board, based on pertinent
and affirming details.
What is the Dallas Charter?
The Charter for the Protection of
Children and Young People, com-
monly called, The Dallas Charter, is a
comprehensive set of procedures ini-
tially established by the United States
Conference of Catholic Bishops in
June 2002 for addressing allegations
of sexual abuse of children by Catho-
lic clergy. The Charter also includes
guidelines for reconciliation, healing,
accountability, and prevention of
future acts of abuse. It was revised
in 2005, 2011, and 2018.
How does the Diocese respond to
those persons making allegations of
sexual abuse by Church personnel?
Upon receipt of a sexual miscon-
duct allegation, the Director of the
Office for the Protection of Children
and Vulnerable Adults verifies that
a report has been filed with law
enforcement. Where such a report
has not been filed, the Diocese will
contact civil authorities.
The Director of the Office for Pro-
tection of Children and Vulnerable
Adults assigns a Victim Assistance
Coordinator who aids in the imme-
diate and continuing pastoral care
of the victim/survivor. This pastoral
response will involve working with
the victim/survivor so that they
will receive the help that is accept-
able to them and adequate to their
needs. The Diocese offers the victim/
survivor and, as appropriate, his or
her family, therapeutic intervention,
spiritual direction and assistance
during the investigatory process.
All reports are confidential to
ensure the victim/survivor’s right
to privacy. Victims/Survivors are
never prohibited from sharing their
allegation as they feel comfortable
and appropriate, but the Diocese will
not disclose personal information or
the victim’s/survivor’s identity on
their behalf.
Does this list contain all clergy
in Santa Clara County with allega-
tions of sexual abuse of children
determined to be credible?
This list contains all clergy with
credible allegations of sexual abuse
of children occurring within the Dio-
cese of San Jose. These priests were
assigned to a parish and diocesan
ministry in Santa Clara County by
the Bishop of San Jose or, in the years
before our founding in 1981, by the
Archbishop of San Francisco.
Allegations of sexual abuse of
children by religious order priests
who served or resided at schools and
other institutions operated not by the
Diocese but by their religious order
in Santa Clara County were investi-
gated by the religious order, to which
the priest belonged. In these cases,
without their personnel files, we do
not know whether the allegations
were deemed credible and cannot
responsibly release their names. The
names of those clerics with credible
allegations will need to be reported
by the appropriate institutions.
Regardless, the Diocese’ Office for
Protection of Children and Vulner-
able Adults offers pastoral care to
all victims/survivors of sexual abuse
by clergy.
What is the definition of a child?
Any boy or girl under the age of 18.
When will the independent re-
view of the Diocesan priest person-
nel files take place?
In November, former FBI Execu-
tive Assistant Director, Dr. Kathleen
McChesney, and her firm, Kinsale
Management Consulting, will over-
see an in-depth independent review
of t he person nel and ot her f iles
pertaining to the sexual abuse of
children committed by any cleric
appointed by the Bishop of San Jose
or, in the years before our founding
in 1981, by the Archbishop of San
Francisco. This review will also seek
to determine how diocesan leader-
ship handled allegations of sexual
abuse when they were received. As a
result of the examination, there may
be additional offenders identified. If
so then their names will be added to
this list by the end of the year.
How many priests have served in
Diocese of San Jose?
514 priests have served in the Dio-
cese of San José at a parish, school
or other diocesan facilities since
its founding in 1981. This number
includes diocesan priests, religious
order priests in diocesan assign-
ments and priests on assignment
from other dioceses. This number
does not include the many religious
order priests who served or resided at
schools and other institutions oper-
ated by their religious order in Santa
Clara County.
What steps has the Diocese taken
to prevent sexual abuse of children
by Church personnel?
The Diocese of San Jose has a Safe
Environment Program and policies
and procedures to prevent and rec-
ognize signs of sexual abuse of chil-
dren. Every bishop, priest, deacon,
employee, and volunteer, who have
contact with children in any capacity,
must undergo a background check
and renew training on how to pre-
vent, recognize and report the sexual
abuse of children. This training must
be done every three years.
S e e w w w.d s j.org/m i n i st r ie s/
protecting-gods-children for more
information.
How much has the Diocese paid
out in settlements to victims/sur-
vivors of sexual abuse of children
by clergy?
The Diocese of San Jose has paid
$20,000 in settlements related to
sexual abuse of children by clergy.