Section 4 – RESPONDENT

PART A

Prelature Safeguarding Policy (PSP)

Art. 148 (PSP Art. 18)

When the complaints or reports are not manifestly unfounded, the Regional Vicar shall remove the person presumed to have perpetrated the acts from involvement in the apostolic activities of the Prelature for the duration of the proceedings in the case, the outcome of which will determine his or her final situation vis-à-vis the Prelature.

Art.  149 (PSP Art. 26)

Any person who is found guilty of committing a crime of abuse against a child or vulnerable person shall be dismissed from his or her apostolic or pastoral tasks or responsibilities in the Prelature. Nevertheless, such a person shall be offered appropriate support for their psychological and spiritual rehabilitation, as well as for their social reintegration.

PART B

Regional Safeguarding Policy (RSP)

Art.  150 (RSP Art. 61)

If the preliminary investigation disclosed that the notitia was not plausible – and in consequence, no canonical prosecution was instituted – and if, furthermore, the complaint was not prosecuted by the civil authorities, or was prosecuted and the accused was acquitted, the Vicar shall take whatever steps may be necessary to restore the good name of the person accused. These steps may include:

1° a public statement that the accused has no case to answer (or has been found innocent) and, if he is a cleric, is returning to full ministry,

2° a visit by the Vicar to the apostolic undertakings where the accused had worked to give the same information to the people who work there, or who take part in their activities,

3° an offer of spiritual and psychological help to the person wrongly accused to enable him or her deal with the inevitable trauma.

Art.  151 (RSP Art. 62)

In the case of outcomes described in sub-articles RSP Art. 52 B-D, in addition to making the appropriate notifications, the Vicar may urge the accused to voluntarily undergo a medical and psychological assessment with experts deemed suitable both to the Vicar and to the accused. The Vicar will also take care that pastoral support is offered to the accused in keeping with his or her circumstances.

Art.  152 (RSP Art. 65)

At the conclusion of the preliminary investigation, if it was found that there had been imprudent, inappropriate or otherwise reprehensible conduct (cf. RSP Art. 52 D) – but which is not to be criminally prosecuted (cfr. Can. 1718 §1 CIC) because, for example, the facts do not constitute a canonical crime – the Vicar will assess with the Advisory Committee whether to proceed according to Can. 1339 CIC, or else Can. 1319 CIC and Statuta, No. 30.

Art.  153 (RSP Art. 66) 

§1 In the cases mentioned in RSP Art. 65, if the Vicar considers that he must admonish or formally reprimand the accused member of the faithful of the Region in accordance with Can. 1339 CIC, or even formally warn the respondent that he or she will be dismissed from the Prelature in accordance with Statuta, No. 32 unless there is a change of attitude, he will so state in the closing decree of the preliminary investigation and will leave a record of the warning or reprimand, substantially reflecting its content, in an act to be signed by the Vicar, or whoever acts on his behalf, a notary, and the person concerned, after reading it in his presence.

§2 If the person concerned refuses to sign, the notary shall record his refusal in the same act. The document will be kept in the secret archive (cf. Can. 1339 §3, Can. 489 CIC).

Art.  154 (RSP Art. 67)

§1 If the warnings or reprimands have been ineffective, or can reasonably be expected to be so, the Vicar may issue a penal precept (cf. Can. 1319 §1 CIC), in which he commands exactly what the person concerned must do or avoid, while establishing a specific penalty (cf. Can. 1315 §2 CIC), which he will incur if he disobeys.

§2 The penalty established in the penal precept should be a censure or a non-perpetual expiatory penalty (cf. Can. 1312 CIC), without excluding even the dismissal from the Prelature (cf. Statuta, No. 30).

§3 In the event that the person disobeys this precept, the administrative procedure of Can. 1720 CIC is to be followed to impose the prescribed penalty (see RSP Appendix II).

Art.  155 (RSP Appendix III)

§1 If any act of sexual abuse of a minor by one of the faithful of the Region is either admitted by the respondent or confirmed in a canonical judicial or extra-judicial process or procedure carried out in accordance with the norms of law, the Vicar will determine the suitability of the respondent to continue in the Prelature.

§2 In any case, any person admitting to or found guilty of committing an offence of abuse against a minor or vulnerable person shall be removed from all pastoral or apostolic positions or duties. However, they shall be offered appropriate support for their psychological and spiritual rehabilitation and social reintegration.

§3 With due regard to the pertinent norms of the Statutes of the Prelature (cf. Statuta, No. 28 to No. 35), the Vicar may propose to the perpetrator of the abuse that he ask the Prelate for a dispensation from membership in the Prelature (cf. ibid., No. 31) or the Vicar can suggest to the Prelate that the perpetrator be expelled from the Prelature. In all cases, the rights that the Statutes of Opus Dei and Canon Law in general recognize for the faithful who have been convicted of a crime in accordance with the law will be respected.

§4 As for the canonical penalties applicable to priests or deacons who commit these offences, the provisions of SST Norms, Articles 7 and 26 apply (cf. Dicastery for the Doctrine of the Faith, Circular Letter of 3 May 2011, II; SST 2021 edition).

A. A priest or deacon who has committed an act of sexual abuse against a minor may request a dispensation from the obligations of the clerical state at any time.

B. In very serious cases, the Prelate of Opus Dei may ask the Dicastery for the Doctrine of the Faith to submit directly to the decision of the Supreme Pontiff the dismissal of the offender from the clerical state together with a dispensation from the law of celibacy, provided that the commission of the offence is clearly established and after the offender has been given the opportunity to defend himself (cf. SST Norms, Art. 26).

§5 The Bishop of the diocese in which the abuse occurred shall be informed of the outcome of the case.

§6 The possible readmission of a cleric to the public exercise of his ministry is to be excluded if it could be dangerous for minors or if there is a risk of scandal for the community (cf. Dicastery for the Doctrine of the Faith, Circular Letter of 3 May 2011, III, i).

§7 No priest or deacon of the Prelature who has committed an act of sexual abuse against a minor may be entrusted with the duties of priestly or diaconal ministry in another ecclesiastical circumscription or transferred to another ecclesiastical circumscription to carry out a ministerial assignment there, unless the Vicar first informs the Ordinary of that circumscription in detail of the offence of sexual abuse committed and of any other information indicating that the priest or deacon has been or may be a danger to children or young people.

PART C

Local Safeguarding Policy – Ireland

C-I | Ecclesiastical

Art.  156 | Care and Management of the Respondent

§1 The Church authority has access to appropriately trained personnel – lay or clergy – whose clearly defined roles are to listen to and represent the pastoral needs of the respondent. This is done in consultation with the respondent.

§2 The Church authority has arrangements in place to inform the respondent that an allegation has been received about them and has a procedure for deciding whether an interim management plan needs to be put in place for the respondent.

§3 When statutory authority investigations and assessments have been completed, the Church authority (for a cleric) resumes the preliminary investigation / collecting the proofs as provided for in Can. 1717 §1 to §3 CIC.

§4 The Church authority has suitable arrangements in place for the monitoring of a respondent, where there is a case to answer, until (and if) the Church authority no longer has responsibility for monitoring the respondent.

Art.  157 | Appropriate Personnel - Advisor

 ► Indicator R7.A | Page R-63 | Guidance on Appropriate Personnel - Advisor

Art.  158 | Role of the Advisor

 ► Indicator R7.A | Page R-63 | Guidance on Appropriate Personnel - Advisor

Art.  159 | Informing the Respondent (Cleric) that an Allegation has been Received and Consideration of an Interim Management Plan

 ► Indicator R8.A | Page R-66 | Guidance on Informing the Respondent (Cleric and Religious) that an Allegation has been Received and Consideration of an Interim Management Plan 

Art.  160 | Risk Assessment for Cleric to produce an Interim Management Plan

 ► Indicator R8.B | Page R-69 | Guidance on the Risk Assessment for Cleric and Religious to Produce an Interim Management Plan

 ► Indicator R8.C | Page 75  | Guidance on Regular Liaison with Statutory Authorities 

 ► Indicator R8.B | Page R-70 | Template 1: Example Risk Assessment Framework

 ► Indicator R8.B | Page R-71 | Template 2: Example Risk Management Update Tool

 ► Indicator R8.B | Page R-72 | Template 3: Example Interim Management Plan

 ► Indicator R8.B | Page R-74 | Template 4: Example Notification to Follow Child Safeguarding Policy and Procedures

Art.  161 | Leave from Sacred Ministry

 ► Indicator R8.D | Page R-77 | Guidance on Leave from Sacred Ministry 

Art.  162 | Supports to Parishes and Others Affected When a Priest has Taken Leave from Sacred Ministry

 ► Indicator L1.E | Page 18  | Guidance on Supports to Parishes and Others Affected When a Priest has Taken Leave from Sacred Ministry 

Art.  163 | Support to the Family Members of Respondents

 ► Indicator L1.E | Page 18  | Guidance on Supports to Parishes and Others Affected When a Priest has Taken Leave from Sacred Ministry 

Art.  164 | Church Process Regarding Allegations Against Deceased Clerics and Religious

 ► Indicator R1.D | Page R-24 | Guidance on Reporting Allegations Against Deceased Clerics and Religious 

Art.  165 | Process for Clerics Following the Conclusion of Any Investigation by the Statutory Authorities

 ► Indicator R9.A | Page R-81 | Guidance on the Process for Clerics Following the Conclusion of Any Investigation by the Statutory Authorities

 ► Indicator R9.A | Page R-84 | Template 1: Example Decree Initiating Preliminary Investigation (Clerics)

Art.  166 | When Preliminary Investigation Finds there is NO Case to Answer or that the Allegation is Manifestly False or Frivolous (Return to Ministry)

 ► Indicator R10.A | Page R-98 | Guidance When Preliminary Investigation Finds there is no Case to Answer or that the Allegation is Manifestly False or Frivolous (Return to Ministry)

 ► Indicator R10.A | Page R-99 | Template 1: Example Closing Decree When Preliminary Investigation Finds there is No Case to Answer (Clerics)

Art.  167 | When Preliminary Investigation Finds there IS a Case to Answer and that the Allegation is Not Manifestly False or Frivolous Against a Cleric

 ► Indicator R11.A | Page R-100 | Guidance When Preliminary Investigation Finds there is a Case to Answer and that the Allegation is Not Manifestly False or Frivolous Against a Cleric

 ► Indicator R11.A | Page R-102 | Template 1: DDF Form

 ► Indicator R11.A | Page R-106 | Template 2: Example Closing Decree When Preliminary Investigation Finds there is a Case to Answer (Clerics)

Art.  168 | Process for Non-Ordained Religious following the Conclusion of any Investigation by the Statutory Authorities

 ► Indicator R9.C | Page R-92 | Guidance on the Process for Non-Ordained Religious, Following the Conclusion of Any Investigation by the Statutory Authorities

 ► Indicator R9.C | Page R-95 | Template 1: Example Decree Initiating Collecting of Proofs (Non Ordained Religious)

 ► Indicator R9.C | Page R-96 | Template 2: Example Closing Decree When Collection of Proofs Finds there is No Case to Answer (Non Ordained Religious)

 ► Indicator R9.C | Page R-97 | Template 3: Example Closing Decree When Collection of Proofs Finds there is a Case to Answer (Non Ordained Religious)

Art.  169 | Funerals of Clerics against whom there is a Case to Answer

 ► Indicator R3.C | Page R-39 | Guidance on the Funerals of Clerics or Religious against whom there is a Case to Answer

 ► Indicator R3.C | Page R-40 | Template 1: Example Notification Letter to Complainant on Death of a Respondent

Art.  170 | Hospitalisation of Clerics or Religious against whom there is a Case to Answer

 ► Indicator R3.D | Page R-41 | Guidance on Hospitalisation of Clerics or Religious against whom there is a Case to Answer

Art.  171 | Penal processes outlined in the Vademecum on Certain Points of Procedure in Cases of Sexual Abuse of Minors Committed by Clerics

 ► Indicator R9.B | Page R-85  | Guidance on penal processes as outlined in the Vademecum on Certain Points of Procedure in Treating Cases of Sexual Abuse of Minors Committed by Clerics

 ► Indicator R9.B | Page R-90  | Template 1: Tabular Summary for Cases of Delicta Reservata

Art.  172 | Monitoring of Clerics Following the Conclusion of the Canonical Investigation

 ► Indicator R11.B | Page R-107 | Guidance on Monitoring of Clerics and Non-Ordained Religious Following the Conclusion of the Canonical Investigation

 ► Indicator R11.B | Page R-108 | Template 1: Example Canonical Precept for Monitoring of Clerics Following the Conclusion of the Canonical Investigation

 ► Indicator R11.B | Page R-109 | Template 2: Example Canonical Precept for Monitoring of Non Ordained Religious Following the Conclusion of the Canonical Investigation

Art.  173 | Clinical Risk Assessments

 ► Indicator R11.C | Page R-110 | Guidance on Clinical Risk Assessments 

Art.  174 | Accommodating Clerics who Remain the Responsibility of a Different Church Authority

 ► Indicator R11.D | Page R-111 | Guidance on Monitoring Clerics and Non-Ordained Religious at the Request of Another Church Authority 

Art.  175 | Monitoring Clerics at the Request of Another Church Authority

 ► Indicator R11.D | Page R-111 | Guidance on Monitoring Clerics and Non-Ordained Religious at the Request of Another Church Authority 

C-II | Civil (Republic of Ireland)

For a Respondent engaged in relevant work in the Republic of Ireland, there is a legal requirement on the DLP of his or her Church body, as a mandated person, to refer the allegation or concern to Tusla.

C-III | Civil (Northern Ireland)

For a Respondent engaged in ministry in Northern Ireland, there is a legal requirement to refer him to the Disclosure and Barring Service if he has been invited to take administrative leave for causing harm, and if it is judged that there is the risk of harm to a child or vulnerable adult.