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United States Conference of Catholic Bishops 2004 Audit Executive Summary of the Diocese of San Jose
Auditors commend Diocese of San Jose for compliance with national sex abuse charter
The
audit of the Diocese of San Jose’s process for
dealing with allegations of child sexual abuse, as well
as victim assistance, has been ranked positively by
national investigators.
The Gavin Group was hired by the U.S. Catholic Conference of Bishops’ Office for the Protection of Children to audit all dioceses’ compliance with the national Charter for the Protection of Children.
Two representatives of the Gavin Group spent the week of Sept. 29, 2003 scrutinizing San Jose diocesan policies and procedures, interviewing selected diocesan personnel and Diocesan Review Board representatives, and speaking with local law enforcement and legal professionals.
The Gavin investigators, former FBI agents, worked intensively with Bernard Nojadera, Director of the diocesan Office for the Protection of Children and Vulnerable Adults, who provided extensive information and contacts for the independent investigation.
The investigators were especially impressed with the creation of the diocesan office as a single entity to deal with all of the issues in the Charter.
They
were also favorably impressed with Nojadera, who has
both pastoral and professional therapy experience, and
they particularly noted his professionalism in a memo
to Bishop Patrick J. McGrath.
“Mr. Nojadera is extremely talented and very cooperative. He acted upon our requests immediately,” they wrote.
The investigators scrutinized the diocese for its compliance with the 17 articles of the Charter, some of which are aimed at the national bishops’ conference and many of which call for action by individual dioceses which mirror national procedures.
Overall, the articles call for the promotion of healing and reconciliation with victims/survivors; the guarantee of effective response to allegations; accountability of procedures; and the protection of all people, especially minors.
The two investigators who audited the Diocese of San Jose noted that uniquely no recommendations were made for additions or corrections in procedures.
They, in fact, issued a commendation for San Jose’s reporting of allegations to civil authorities, noting that “the diocese has an outstanding relationship with the Santa Clara County District Attorney’s Office.
“… they are required by law to report…to the state’s Office of Child Protective Services. In addition, they will report … to both the district attorney’s office and law enforcement regardless of the age of the victim at the rime of reporting; and they will report…even when the allegation is anonymous.”
The commendation noted: “The San Jose Diocese is to be commended for its outstanding cooperation and openness in reporting all allegations of sexual abuse of a minor to prosecutive and law enforcement authorities.”
Impressed also with the many long-standing policies and procedures that the diocese has had in place since 1987, the Gavin representatives noted that it “is to be commended for its early awareness of this problem, and its proactive stance in the early establishment of policies meant to address this problem.”
In a third commendation, they said, “The San Jose Diocese is to be commended for its innovative establishment of a position that oversees all aspects of this Charter in a single position.”
They noted that “the diocese has established a unique position” and that Nojadera is “a highly qualified employee. The director oversees the activity of two victim assistance coordinators, is active in the receipt and processing of allegations, formulates diocesan initial responses and coordinates planning and training/educational aspects of the Charter.
“The director also recruits mental health professionals, works with the Review Board, and liaisons with the Pastoral Outreach Committee.”
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