AFFILIATE News – VOTF New Hampshire
Attorney General finds improved cooperation in diocesan audit, though issues remain.

by Carolyn Disco, Survivor Support Chair, NH Voice of the Faithful

The third annual state audit of the Diocese of Manchester’s implementation of its sexual abuse policy found an improved “tone at the top,” marked by openness and a more cooperative attitude on the part of diocesan officials. The welcome positive findings followed a difficult year in which Bishop John McCormack initially refused to participate in a fourth audit, an action the state was willing to litigate if necessary. McCormack changed his mind, perhaps in response to unfavorable press over prior negative audit results.

That was the essence of the report by New Hampshire Attorney General Kelly Ayotte and Associate Attorney General Kristin Spath to about 60 people at a Voice of the Faithful meeting last month. It was the attorney general’s third appearance before the group, continuing an annual tradition of updating members on the state’s progress in monitoring diocesan compliance.

Ayotte gave generous credit to McCormack and his staff – “even Fr. (Edward) Arsenault,” highly criticized in the previous audit – for significant enhancement in cooperation, and cited that as the most heartening development of all. The attorney general said there was an apparent breakthrough when McCormack decided it was more productive to work on what needs to be done, instead of fighting the state by dragging one’s heels. The turnaround is particularly evident in the bishop’s decision to participate in the fourth audit, though he may have realized he would have probably lost in court. Nonetheless, greater diocesan receptivity to recommendations and feedback, without disruptions, signals a much better working relationship.

There are still unsettled issues, Ayotte said; namely, the longstanding need for the Diocese to revise its abuse policy to state formally that a priest will be removed from ministry upon receipt of an allegation versus after completion of an investigation. The Agreement between state and diocese that specified state oversight clearly states the former. While immediate removal has been the practice, it needs to be memorialized in writing, something the Diocese has refused to do before, but will act on in the coming year. Ayotte emphasized that revising the policy to specify immediate suspension is very important to the state.

The state’s auditors found shortcomings in the lack of timetables for investigations of allegations, with no indication of even when they would begin. Likewise, timetables are needed for the escalation of disciplinary issues, and enforcement of safe environment program mandates. Ayotte said the goal is measurable thresholds and consistent application. The Diocese reassures her that every deficiency her office identified will be addressed, an encouraging shift.

A special part of the third audit covering 2007 was a random survey of 500 parishioners by the University of New Hampshire. It gauged understanding of diocesan policies and practices to prevent child sexual abuse. The attorney general said the Diocese was apprehensive about the results, which had both positive and negative outcomes.

It was good news that “more than 95 percent of respondents would contact law enforcement if they learned of an allegation of child sexual abuse.” A vast majority felt the Diocese would handle the matter appropriately. But 39 percent indicated “they never received communications from the Diocese about child abuse policies,” and 40 percent were only “slightly or not at all familiar” with them, Ayotte quoted from the audit findings. The Diocese needs to do a much better job communicating its policies and procedures, particularly the legal mandate for everyone to report abuse to civil authorities.

Sustainability of the child protection program over the long term as part of diocesan practice is the focus of the fourth and final audit, according to Ayotte. Regardless of who holds an office, the administrative structure needs to be in place to assure compliance with the law and sexual abuse policies and procedures.

The attorney general concluded her remarks by noting that after the audits are over, and after the agreement with the Diocese is technically concluded, her office will fight to protect children if they think an allegation has been improperly handled. “You will always have a friend and ear at the attorney general’s office,” she insisted. “That’s very, very important” to understand. She admitted that was not always the case with law enforcement in general, but it is now.

With equal insistence, Ayotte reiterated how important VOTF members are as parishioners in the Diocese. She is dependent on the laity to take responsibility to speak up if something is not right. “It’s up to you.” The right policies and procedures need to be in place, but they are insufficient if Catholics do not come forward. Everyone is a mandated reporter to civil authorities, and needs to be aware and vigilant. “It’s up to you,” she repeated. She also thanked VOTF for its support over the years.

Questions abounded in a lively Q&A. Why the sudden change of heart by the Diocese? A strategic business decision in the face of negative consequences for them, either in court or the media, or a genuine attitudinal shift due to self-reflection? How can they be trusted when the diocesan website simply lies about what the attorney general said regarding a prior audit? Claiming full compliance with the letter and the spirit of the agreement when her text says exactly the opposite.

Is the Diocese bound to continue training programs? What recourse does law enforcement have if they fold up initiatives already begun? Did they follow up on two requests by the auditors to reference “inappropriate conduct” like accessing pornography in the sexual abuse policy itself? It is not included, and can be a precursor warning sign of abuse. Has the hierarchy intervened to thwart audits? What about transparency?

Ayotte and her associate Spath welcomed the changed tone at the top, whatever its genesis, but suspect that unfavorable media coverage may have been a factor. Spath noted that previously the Diocese wanted a week’s notice before surprise visits by auditors, required follow-up questions from auditors be in writing, passed through their legal counsel first, and so forth. Now, that back and forth is gratefully eliminated.

Ayotte affirmed that she would not hesitate to prosecute if allegations were not reported in the future. But the vigilance of the laity about training programs or other requirements needs to be expressed publicly, since there is power in collective voices. She would join those voices, she said, though there is nothing she could do legally. Pointedly, the threat of civil liability is a deterrent if protections are not in place.

Including notices in parish bulletins requesting survivors to come forward, and reminding people they are mandated reporters under the law, are efforts Ayotte believes would extend the public discussion of abuse issues. It is such discussion that advances the cause of keeping children safe, a prime goal of law enforcement and society in general. VOTF attendees thanked Ayotte and Spath sincerely for their ongoing commitment, and willingness to meet again with them.

Links:

Cover letter from Attorney General Kelly Ayotte to Bishop John McCormack, March 28, 2008
http://doj.nh.gov/publications/nreleases/pdf/2008_diocese_letter.pdf

2007 Audit report dated January 15, 2008, released April 1, 2008 http://doj.nh.gov/publications/nreleases/pdf/
2008_diocese_assessment.pdf
Executive Summary p, 6-7; scroll to each section on “Findings” and “Recommendations” for ease of reading.

Response of Bishop John McCormack to Attorney General Kelly Ayotte, April 1, 2008
http://www.catholicnh.org/media/files/child-safety/AGLetter2008-04-01.pdf

Diocesan media release: http://www.catholicnh.org/news-events/
recent-releases/040108-protecting-children/

Diocesan website claim about 2006 audit: "The (AG's state audit) report confirms that the Diocese of Manchester has complied with the letter and spirit of the Charter for the Protection of Children and Young People, all articles of the Agreement with the State of New Hampshire, and the diocesan sexual misconduct policy."

http://www.catholicnh.org/child-safety/reports-and-updates/
response-to-kpmg-assessment-dated-011707/

Attorney General’s 2006 evaluation: "Despite the substantial progress made by the Diocese, there are still some critical gaps and issues which need to be rectified before the Diocese of Manchester will be considered in full compliance with the Agreement or be considered to have a fully effective and sustainable compliance program...

The tone at the top, however, does not appear to be consistent among key personnel at the Diocese of Manchester... An improvement in the program’s senior leadership’s demonstrable tone is warranted.

 Finally, it has been almost four years since the Diocese and the Attorney General’s Office entered into the subject Agreement and while substantial progress has been made, the Diocese is still not in full compliance therewith and more structural and procedural enhancements are needed to achieve full, effective, and sustainable compliance."

http://doj.nh.gov/publications/nreleases/pdf/
050407KPMG_Diocese_report.pdf p. 6-7

Comparison of prior State versus Church audits: http://votf.org/Survivor_Support/audit.html