Diocesan Review Board

By DRB Members: Zetta Hadden, Chair; David Rodriguez, Vice-Chair; Brenda Feehan, Sec.; Rev. Salvador Gonzalez, VG; Amy Tobin; Jeff Gorski; Janet Prieto; Chel Nelson, HR (Ex Officio); Rev. Jesus Del Angel (Adjutant Judicial Vicar); VAC (Ex Officio)   

Background:
            The Diocese of Fresno (DOF) was established on December 18, 1967, encompassing eight counties, and spanning some 35,000 square miles. In that time, six Bishops have served our region and helped to guide well over a million Catholics on the teachings of the Church and practice of our faith.  In June of 2002, in response to national concerns raised originally in Boston, the United States Conference of Catholic Bishops promulgated the Charter for the Protection of Children and Young People – a comprehensive set of procedures for addressing allegations of sexual abuse of minors by Catholic clergy.  After reviewing the requirements and establishing appropriate protocol, the Charter was then implemented in the DOF in 2003.

            With the objective of transparency and trust, the Diocese of Fresno in issuing its Report of Credible Allegations, engaged in a review of its maintained files of all past and present clergy who were engaged in ministerial ministry within the Diocese of Fresno by Kinsale Consulting, a professional consulting service under the direction of Dr. Kathleen McChesney.

What is a “Credible Allegation” of Sexual Abuse of a Minor?

            The Diocese of Fresno notes that there is no standard or uniform definition for a “credible accusation.”  That being said, the DOF has used the following criteria to determine if a name of a cleric should be listed.
            The DOF must have knowledge of an allegation made against the cleric to be named and the allegation must include, but is not limited to, the following:

• The allegation involved or involves sexual abuse of a minor.
• The alleged perpetrator was or is a bishop, priest, deacon, or religious brother or religious sister at the time of the alleged sexual abuse.
• The alleged sexual abuse is claimed to have been committed within the geographical jurisdiction of the DOF.
• After review to the extent possible based upon reasonably available relevant information, the impression and opinion is that there is reason to believe that the allegation appears to be credible, i.e., more likely than not to be true.

            It should be noted that the canonical process for evaluating whether an allegation is credible is independent of a legal civil or criminal process. Examples of information that helps to ascertain the existence of credibility include, but are not limited to, admission by the accused, criminal conviction, other types of legal actions, i.e., arbitration, mediation, or civil settlement, pattern of conduct and prior determination closer in time to the alleged sexual abuse or the time when the allegation was first investigated. The opinion that an allegation appears credible does not establish that a crime was committed or that the cleric is liable for sexual abuse under civil law.  Under the criminal justice system, it is presumed that a person indicted by a grand jury, or otherwise accused of, or charged with a crime, is innocent until proven guilty.  Similarly, a defendant in a civil action is not liable unless a plaintiff proves otherwise.  Inclusion on this list, does not indicate that a priest is guilty of, been convicted of, or has admitted to the alleged abuse. The information about the parish assignments is provided for the welfare of the Catholic faithful and is not an indication that abuse occurred at any of the locations.

Duties of the DOF Review Board:
            The DOF Review Board (Board) assists the bishop in reviewing and evaluating cases and allegations of sexual abuse of a minor or a vulnerable adult against clergy and persons acting in the name of DOF.  Members of the Board are listed and identified in the DOF web site: https://dioceseoffresno.org/       

Glossary of Church Terms:

Administrative Leave:  While on administrative leave pending all investigations of an allegation of sexual abuse of a minor or vulnerable adult, clergy are restricted from performing public ministry. 

Chancellor:  The principal record-keeper of a diocese, responsible for correspondence regarding clergy assignments by direction of the bishop; and maintaining official diocesan files of all priests who serve or have served in the DOF.

Chancery:  Headquarters office for the DOF.

Clergy or cleric:  Clergy or cleric is an ordained minister of the Roman Catholic Church, including bishops, priests, transitional and permanent deacons.

Diocese:  An independent administrative division of the Roman Catholic Church.

Dismissed:  A member of the clergy who has been dismissed from the clerical state.  The bishop of a diocese may petition the Vatican for a priest’s dismissal after a canonical process, or a priest may be dismissed by the Vatican ex officio.

Excommunicated:  An extreme form of church penalty.  Those who are excommunicated are barred from ministerial participation in ceremonies of public worship, may not celebrate the sacraments or receive the sacraments.

Extern:  A priest of another diocese ministering with permission of the Bishop in DOF.

Incardination:  Legal term for the attachment of a priest or deacon to his diocese, religious institute, or society.

Laicization/Laicized:  The process in the Roman Catholic Church whereby by a petition of the bishop or a voluntary petition by the cleric to the Vatican, once granted, the cleric is removed from the clerical state and returned to the lay state and is barred from ministerial duties.

Minor: A person under eighteen (18) years of age.

Prayer and Penance:  A priest who has admitted an accusation of sexual abuse of a minor and who has been assigned to a life of prayer and penance because he is not suited for dismissal due to age and/or infirmity.  A priest put on a “prayer and penance” program has not been removed from the clerical state.  However, the priest has had his ministry permanently restricted – he may not celebrate Mass publicly, may not administer any sacraments, may not wear clerical garb, and may not present himself as a priest.

Removal from Ministry:  A cleric removed from ministry must refrain from public exercise of his ministerial duties.  It usually requests, but may not require, the cleric refrain from presenting himself as a priest or deacon, i.e., relieve him of the obligation to wear clerical attire.

Restricted:  A cleric who is prohibited from performing public ministry.

Review Board:  A consultative committee consisting of at least five (5) and up to nine (9) members that advises the bishop in the assessment of complaints, accusations, or allegations of minor or vulnerable adult sexual abuse by a cleric and makes a recommendation of the suitability of an accused cleric for ministry.  The Board reviews investigations which have been conducted by DOF staff or an independent investigator employed by the Diocese.  Review Board members consists of various backgrounds and disciplines involving sexual abuse of a minor or vulnerable adult and the protection of minors and vulnerable adults.  In addition to advising the bishop on addressing particular complaints and allegations, the Board also advises on policy matters relating to the protection of a minor or vulnerable adult. The bishop appoints each member for a term of five (5) years, which can be renewed.

Sexual Abuse of a Minor:  Sexual molestation or sexual exploitation of a minor and other behavior by which a cleric uses a minor as an object of sexual gratification.

Procedure Adopted to Identify Credibly Accused Clergy: 

The following criteria have been adopted to identify clergy with credible allegations of child sexual abuse:

1. The allegation involves clergy engaged in ministry within DOF; and
2. The allegation involves sexual abuse or misconduct with a minor, and
3. The allegation, after investigation and review, appears to be credible, i.e., more likely than not; or
4. The cleric was deceased at the time the allegation was received by the DOF which prevents a complete or thorough investigation to the extent possible, but the allegation based upon evidence available appears to be credible.

Members of the Clergy who are not named include:

1. Clerics of the previously named Diocese of Monterey-Fresno, where the alleged abuse occurred in the geographical area of what is now the Diocese of Monterey; and
2. The cleric is the subject of an incomplete investigation because the cleric is now deceased and/or the alleged victim is either non-cooperative or unavailable after diligent efforts, and/or a lack of available evidence to determine credibility.
3. Unless Canon Law allows otherwise clerics who are currently named in a civil litigation against the Diocese of Fresno; once the civil process has concluded and, in the event, a credible allegation has been determined, then the cleric’s name will be added to the Credibly Accused Clergy List.

            The List of Credibly Accused Clerics contains the following information: the name of the cleric, the status of the cleric, and a listing of the cleric’s ministerial assignments within the Diocese of Fresno.

            The Credibly Accused Clergy List will be updated as new credible allegations become known by the Diocese of Fresno.