Bishop's Statements

Report on Sexual Misconduct by Clergy in the Diocese of San José
February 15, 2004

The following is the text of a report to the people of the Diocese of San José which was made available to all parishes the weekend of Feb. 14–15, for inclusion in parish bulletins:

Sexual misconduct is always and everywhere wrong, and it is sinful. We apologize to the victims and survivors of sexual misconduct on the part of clergy and other Church personnel. We apologize, also, to all members of the Church and the wider community for this reprehensible breach of trust and we renew our pledge to care for victims and survivors and to do all in our power to ensure that no one ever again suffers the tragedy of sexual abuse or misconduct by any of the priests, deacons or other employees of the Diocese of San José.

What follows is a brief summary of the work of the diocese related to sexual misconduct and a report of diocesan statistics related to clergy sexual misconduct with youth.

The Diocese of San José was established in 1981. In 1987, the Diocese inaugurated a formal written policy concerning sexual misconduct by all employees (priests, religious and lay). In 1992, the bishops of the United States issued a set of guidelines; based upon these guidelines, the Diocese revised and updated its policy.

In 1999, the Diocese further revised its policy on sexual misconduct, stating, among other things, that “sexual misconduct is contrary to the fundamental dignity of each person.” At that time, the Diocese committed itself to:

• The careful selection and training of all personnel
• Compliance with civil and canon (ecclesiastical) law
• Dealing with all allegations of sexual misconduct in a comprehensive and pastoral manner, with due regard for the rights of all.

In 2001, the diocesan sexual misconduct policy was further amplified and strengthened, and a new separate policy on sexual misconduct by clergy was also established. The Diocese has also complied with a new state law that requires priests to be fingerprinted.

In 2002, in the wake of the national scandals regarding sexual abuse of young people by clergy, Bishop McGrath appointed a Task Force to review existing policies and procedures and to recommend to him changes necessary for the Diocese’s compliance with the Charter for the Protection of Children and Young People and the Essential Norms that were approved by the United States Conference of Catholic Bishops in June, 2002, and subsequently approved by the Holy See.

Based upon the Charter and the Norms, the Task Force recommended the creation of an independent Diocesan Review Board and the establishment of the Office for the Protection of Children and Vulnerable Adults. Both of these recommendations were implemented by the end of 2002.

1. The Diocesan Review Board, chaired by former California Supreme Court Justice Edward Panelli, is comprised of nine laypersons (none of whom are employees of the Diocese or its parishes or schools) and one pastor, as required by the Norms. The Review Board investigates all allegations of sexual misconduct and makes recommendations to the Bishop.
2. The Office for the Protection of Children and Vulnerable Adults is directed by Mr. Bernard Nojadera and receives complaints and allegations of sexual misconduct, offers assistance to victims and their families and deals with parish and school communities that have been affected by sexual misconduct. The Office also provides training and in-servicing for diocesan employees and parish and school communities on issues related to sexual misconduct and harassment and “safe environment” programs. Mr. Nojadera may be contacted at (408) 983-0113.

In 2003, every diocese in the country was audited for its compliance with the Charter and Norms. This audit was conducted by independent professional investigators. The Diocese of San José was found to be in full compliance, and was commended for the following:

• The creation and work of the Office for the Protection of Children and Vulnerable Adults
• The Diocese’s policy and practice of reporting all allegations to civil authorities
• The Diocese’s long-standing policies and procedures related to sexual misconduct

The Diocese of San José is committed to the healing of victims, survivors and their families, and has already paid more than $60,000 for counseling to victims and survivors.

The Diocese remains committed to zero-tolerance of any form of sexual abuse of children and vulnerable adults, and we will not tolerate sexual misconduct by our clergy and other employees.

Once again, we apologize for the behavior of some priests, who have tarnished the reputation of all and weakened the bond of trust that should exist between the Church’s people and their ministers.

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