Independent program unveiled to aid clergy abuse victims

A new, independent program for victims of clergy sexual abuse is being implemented in the Albany Diocese.

Nearly a year ago, Bishop Howard J. Hubbard asked retired New York State Court of Appeals Judge Howard A. Levine to develop the program to better serve the "pastoral, spiritual, emotional and financial" needs of those who had been abused by priests. The judge agreed to complete the task as long as he was guaranteed independence by the Bishop. He served without compensation.

The result of his efforts is IMAP, which stands for Independent Mediation Assistance Program. Judge Levine told The Evangelist that the name signifies victims' being empowered to "map their own futures" through the program.

The Diocese has assigned $5 million from its self-insurance fund to underwrite the independent program. The judge called that amount a "show of good faith" by the Diocese in wanting to help victims.

Lengthy process

Judge Levine said that creating IMAP took longer than expected for several reasons:

* The program had to be designed, and then plans had to be made for its implementation;

* During the process, false allegations of abuse leveled against Bishop Hubbard had to be addressed and dismissed by an independent investigator; and

* The New York State Dispute Resolution Association was asked to help staff the program.

Canon law

IMAP also had to be studied by canon lawyers to ensure its compliance with the Church's Code of Canon Law and also by the Diocesan Review Board, which deals with claims of sexual abuse.

While minor changes to the program were made as a result, Judge Levine said that none of them affected his overall design.

"There was no dictating anything" by the Diocese, he stated. "The design is entirely intact from when we first presented it to the Church."

National input

To find an appropriate design for IMAP, Judge Levine surveyed dioceses around the country to learn how equivalent programs worked.

Most, he said, used similar programs to what the Albany Diocese already had in place: a clergy misconduct review board, an investigator to look into abuse complaints and a victims' coordinator to arrange for rehabilitative services for victims.

Judge Levine also spoke to victims who felt the Albany Diocese's current process was "uneven and somewhat delayed." In addition, he met, individually and in groups, with attorneys and therapists who work with victims. All of the advisors gave their input without financial compensation.

Milwaukee model

Judge Levine decided to adapt a program used by the Archdiocese of Milwaukee. Designed by a professor from Marquette University, it uses a group of independent investigators to look into claims of abuse, and mediators who negotiate between the archdiocese and victims to reach settlements.

Judge Levine said that several aspects were added to the Marquette design for IMAP. For example, while the victims he met with approved of mediation, they told him they needed help in being empowered to reach that point, so he added the position of "victims' advocate" to the program. The services of two victims' advocates -- one male and one female -- will be available to victims.

How it works

When a complainant contacts IMAP, the call will be answered by an intake coordinator well-versed in dealing with sensitive, personal issues like abuse.

The offices of the intake coordinators and victims' advocates will be located at the New York State Dispute Resolution Association (NYSDRA) at 255 River Street in Troy.

The coordinator will take some preliminary information about the allegation and decide whether the claim should be forwarded to law-enforcement authorities. If so, the proper civil authorities, such as district attorneys and police, will be notified.

investigation

The case will next be assigned to an independent investigator who will interview the victim, collect what evidence is available, and give it to the systems administrator, who decides whether the claim is viable. Cases appropriate for mediation will be forwarded to the Diocesan Review Board.

Judge Levine will serve as systems administrator indefinitely as IMAP gets up and running; his role will be to ensure the program is implemented properly and to remedy any problems.

Victims will then be able to choose one of several independent mediators to negotiate a settlement with the Diocese. Psychological evaluations may also be part of the process.

Mediation

Judge Levine told The Evangelist that the group of ten mediators chosen to staff the program are "very independent" and have their own techniques for mediation.

For example, some will simply mediate a settlement, while others will use restorative justice (wherein victims may choose to meet with offenders to discuss the crime and its ramifications, and try to effect change or healing).

Mediation sessions will be held at NYSDRA's Community Dispute Resolution Centers, which are in each of the 14 counties of the Diocese.

Agreement

Judge Levine noted that if a victim is represented by an attorney, that attorney is free to attend the sessions and act on the victim's behalf. The Diocese will decide whether to have its own lawyer present, as well.

If the Diocese and victim reach an agreement, they sign a settlement binding to both sides. Judge Levine said that this may include reparations or ongoing support -- ranging from counseling to meeting with a priest trained to meet the spiritual needs of abuse victims, and even "rehabilitative educational services" for victims, such as career counseling or job training.

Other possible support services include academic assistance; help with such basic needs as food or housing; or meetings with the Bishop, with the perpetrator of the abuse or with others.

'Excited'

"I'm really excited" about the program, Judge Levine stated. "We have something meaningful that has credibility and a lot of innovations that will be helpful to victims."

Looking back over his months of effort, he said he has "absolutely no regrets" about agreeing to design the program.

"I learned a lot about how devastating the impact on victims of clergy sexual abuse is," he explained. "And I feel the Bishop is absolutely clear in his desire to do what he can for victims.

(IMAP is being offered in addition and as an alternative to the assistance programs now offered by the Albany Diocese. The diocesan programs will still be offered, and Theresa F. Rodrigues, the victim/survivors assistance coordinator, will continue to lead those programs. Bishop Hubbard asked Judge Levine to design an independent program because the Bishop recognized that some victims "mistrust the Church and do not wish to seek assistance directly from it. [IMAP] is responsive to what victims told me they needed." To contact IMAP, call 1-888-388-IMAP, or go to www.independentmediation.org.)

(9/23/04)