Code of Conduct
And Other Directives Pertaining to
Safe Environment Issues
for the
Legionaries of Christ
2019
Territory of North America
© 2018 The Legion of Christ Incorporated.
All rights reserved.
Contents
Definitions ................................................................................... 2
Introduction ................................................................................ 4
Dallas Charter and the Essential Norms ................................. 4
CMSM and Accreditation with Praesidium ............................. 5
Section One: Code of Conduct .................................................... 6
General Conduct ..................................................................... 6
Conduct in Ministry and Apostolate ....................................... 9
Interactions with Minors ...................................................... 10
Apostolic Schools and Boarding Schools............................... 17
Section Two: Boundary Violations ............................................ 18
Section Three: Reporting Obligations ....................................... 20
Section Four: When There is an Allegation............................... 24
Pastoral Care for Alleged Victims.......................................... 24
Investigating Allegations ....................................................... 26
Support for the Accused ....................................................... 28
Potential Outcomes .............................................................. 30
APPENDIX A: Sexual Misconduct with Adults .......................... 33
APPENDIX B: Legionaries from Other Territories..................... 37
APPENDIX C: Sexual Misconduct within the Legionary
Community ............................................................................... 39
1
Definitions
Adult: a person who is at least 18 years of age.
Age of consent: the age at which a person can legally consent to
sexual relations. In most states this is 18, in some it is 16 or 17.
Allegation: a first-person accusation of sexual abuse of a minor
brought against a current Member, former Member, or deceased
Member which is reported to the Institute through any form of
communication, including any that are anonymous.
Credible allegation: an allegation that is not evidently false and so
merits investigation.
Established allegation: (also used: “substantiated,” “founded”)
based upon the facts and the circumstances, there is objective
certainty that the accusation is true and that an incident of
sexual abuse of a minor has occurred.
Boundary violation: an infraction of the Code of Conduct that is
significant, but does not rise to the level of sexual abuse of a
minor or sexual misconduct with an adult.
Child pornography: any activity which involves a graphic
depiction of a minor that is sexually explicit.
Former members: includes both deceased members and living
persons who no longer belong to the Legion.
Member: refers to a person currently belonging to the Legion of
Christ as a novice or professed religious (both ordained and those
still in formation).
Minor: a person who has not reached the age of 18. In this
document, other terms for minors are “child,” “children,” “young
people” and “youth.”
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Religious: members of the Legion who have professed vows. This
refers to both ordained and those still in formation.
Safety Plan: A formal, written supervision program for an
individual who, it has been established, has sexually abused a
minor.
Sexual abuse of a minor: contact or interaction between a minor
and an adult when the minor is being used for sexual stimulation
of the adult. This occurs when an adult engages a minor in any
sexual activity, including direct sexual contact as well as sexual
non-contact, such as frottage, exhibitionism, and the distribution,
downloading, and/or intentional viewing of child pornography.
Underage: this refers to a person who is not of sufficient age to
legally engage in some activity. For instance, a person who is 18 is
legally an adult but is underage with respect to drinking alcohol
(the legal age is 21 in all states).
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Introduction
The Legionaries of Christ are committed to building up the
Kingdom of Christ in every person and in society. “They should
allow Christ’s love for mankind to imbue their very selves” (CLC
11). Ensuring a safe environment for young people and adults in
the Legion’s ministries is fundamental to this purpose. The Code
of Conduct that follows is the fruit of the Legion and Regnum
Christi’s many years in youth ministry and apostolate, as well as
a policy review carried out in light of the current need of the
Church to be a protagonist in the fight against the sexual abuse
of minors. However, this focus is not exclusive. “Safe
environment,” it is true, refers mainly to the protection of
children and young people, but since it can also be understood in
a broader sense, this edition of the Code carries an appendix on
sexual misconduct with an adult.
Dallas Charter and the Essential Norms
Over the years, the bishops of the United States have addressed
the issue of sexual abuse. Meeting in Dallas in 2002, they issued
the “Charter for the Protection of Children and Young People,”
and based upon it, the “Essential Norms for Diocesan/Eparchial
Policies Dealing with Allegations of Sexual Abuse of Minors by
Priests or Deacons,” documents which were ratified by the Holy
See in 2006 and reaffirmed by the bishops in 2011. The Dallas
Charter articulates the bishops’ position:
We re-affirm our deep commitment to creating a safe
environment within the Church for children and youth. We
have listened to the profound pain and suffering of those
victimized by sexual abuse and will continue to respond to
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their cries. We have agonized over the sinfulness, the
criminality, and the breach of trust perpetrated by some
members of the clergy. … Let there now be no doubt or
confusion on anyone’s part: For us, your bishops, our
obligation to protect children and young people and to
prevent sexual abuse flows from the mission and example
given to us by Jesus Christ himself, in whose name we serve.
The Legion of Christ wholeheartedly supports the bishops’ efforts
and subscribes to the principles that animate the Dallas Charter
and the Essential Norms.
CMSM and Accreditation with Praesidium
The Conference of Major Superiors of Men led the response of
Catholic male religious institutes. The major superiors adopted a
comprehensive approach to the issue of safe environments with
an accreditation program under the direction of Praesidium, Inc.,
a leading organization in the field of the protection of minors. The
Legion of Christ has adopted this program; maintaining this
accreditation will involve an ongoing effort to keep members
well-trained and up to date in the area of child protection.
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Section One: Code of Conduct
Legionaries of Christ have given their lives to Christ with the
ardent desire to be his instrument for the salvation of souls.
Therefore, we are committed by our free assent to the vows or
promises of poverty, chastity and obedience to live according to a
higher standard, the imitation of Christ himself.
This code cannot be exhaustive. Rather, it seeks to focus on the
effort to live Christ-like behavior in the realm of chastity and the
need to promote environments safe for those we minister to,
especially children. By upholding the code of conduct, members
protect themselves and people from the possibility of sexual
abuse or misconduct. Failure to uphold the code, even if no harm
was intended, sends mixed signals and can tarnish a member’s
reputation.
General Conduct
1. Members must always be aware of their state in life as priests
and religious. They should seek to live up to their vocation to
be an icon of Christ’s purity and love in their dealings with
people, especially children and young people. They should be
open and trusting with their superiors, who will strive to be
supportive and understanding, as together they work to deal
with the struggles that can arise in the effort to remain
chaste.
2. Legionaries should have a welcoming and friendly demeanor.
As religious who “voluntarily embrace the obligation of
perfect continence in celibacy” (see CLC 27.1), they forgo
exclusive emotional relationships and assume responsibility
for maintaining appropriate boundaries in all relationships.
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3. They should be natural around others in a manner befitting their
consecration. During personal interactions, physical touch with
others should be culturally appropriate and show pastoral
sensitivity. In the United States and Canada, typical expressions
include handshakes, hugs and kisses on the cheek or forehead.
4. Touching and interactions considered inappropriate for
members include, but are not limited to:
a. Touching another person’s genitals, buttocks or chest
(except in a medical emergency, as explained in n. 34)
b. Any type of massage, tickling, or rubbing of the shoulders
c. Prolonged pats on the back or shoulder
d. Putting a hand on another’s knee or thigh, playing footsie
e. Kissing on the lips
5. Members should not change clothes in the presence of
others, especially minors. As far as possible, they should do so
in appropriate private places, such as a bathroom or changing
room.
6. Members should not sleep in the same bed with another
person.
7. They should not use foul language or tell risqué jokes to
anyone.
8. They should not stare at others’ bodies and they should avoid
flirtatious comments or behavior.
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9. In using alcohol, they should be moderate, cognizant both of
others’ safety and the importance of providing religious
example.
a. When in Legionary houses, they should follow the norms
of use established by community tradition and approved
by the superior.
b. In social situations, a Legionary should not have more
than two drinks (a drink is commonly understood to
mean a 12-ounce beer, a glass of wine or a single 1.5-
ounce shot of spirit). Individuals with a lower tolerance
should adjust accordingly. Those regularly in social
situations should be aware of the effects of more
frequent consumption of alcohol.
10. The recreational use of marijuana is strictly prohibited.
11. Legionaries should use the Internet maturely. They should be
conscientious in using it as a tool of apostolate and
information and moderate in their use of entertainment
media. They should speak about their internet use with their
superior or spiritual director periodically.
12. Pornography is gravely immoral and should never be used.
Moreover, the possession of child pornography is, for a cleric,
punishable in the same fashion as sexual abuse of a minor. It
is also a federal criminal offense and will be reported to the
authorities.
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Conduct in Ministry and Apostolate
13. During camps and retreats for youth under the auspices of
the Legionaries or Regnum Christi, the confessor and
organizers should make sure that confessions are not taking
place in isolated areas.
14. Members should ordinarily leave apostolic engagements by
10 pm. Exceptions that are anticipated (such as visits to
families from cultures accustomed to dining at a later hour,
attendance at banquets, parish activities…) must receive the
prior authorization of the superior. When the necessity to
stay longer arises unexpectedly, the superior should be
informed.
15. When dealing with minors or adults, they should prefer
environments that are open and transparent. They are to
avoid situations that are isolated, such as rooms with a
window-less door — in that instance, the door should be left
open. Bedrooms must never be used for meeting with
individuals. Individual spiritual direction or mentoring should
be conducted in a well-trafficked area in the plain view of
others or in a room with clear visibility inside. If that is
impossible, then sessions with individuals should be
suspended until a more appropriate setting can be secured.
16. Except in the case of a relative or an emergency, a member
may not accompany an individual woman in an automobile.
At least one other adult should be present.
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Interactions with Minors
17. If the diocesan norms go beyond what is indicated in this
section, those norms are the ones to be followed.
18. Emotional boundaries:
a. The fundamental goal of ministry and apostolate is to
bring people to Christ. Members must never seek to form
their own “fan clubs” but always point youth to the Lord.
b. Minors must not be manipulated by threatening to
withhold respect or affection.
c. Members must not give special gifts to a minor without
the permission of their superiors and the minor’s parents.
d. They must respect boundaries and not disclose to minors
their own problems, difficulties or sexual issues. They
must not ask minors to keep secrets from their parents or
superiors. Minors must be treated as the children or
young people that they are and not invited into the
adult’s life as a type of confidant.
e. Members must be balanced and fair in their approach to
minors. Even as they seek to form the leadership or
vocation potential of individuals, they must avoid giving
any impression of favoritism.
f. Minors may seek to routinely spend time with, or express
affection to, an adult whom they admire. Members
should encourage them to be balanced in their
associations with others and thereby avoid spending a
disproportionate amount of time with certain minors in
particular.
g. Minors’ emotional boundaries include the important role
their parents play in setting rules. Members must never
violate these behavioral boundaries by asking minors to
do things their parents would find objectionable.
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19. In group talks and in speaking individually with minors, the
issues of purity and sexuality should be handled in an age-
appropriate manner that focuses on general principles. In
instances where it seems appropriate to deal with more
specifics, this must be done in a careful manner that is
respectful of parental responsibility in this area.
20. In Legion-sponsored youth activities, the expectation must be
that a safe environment will be maintained for all. To that
end, members must encourage minors under their
supervision to immediately report to those in charge
problems that arise, such as bullying, inappropriate touching
by other children or adults, or other behaviors that make
them uncomfortable.
21. When involved in organized activities with minors (see
section 1.4 for apostolic schools and boarding schools, and
groups that are visiting them):
a. The activity should be supervised by at least two adults
who have had the required child protection training and
background checks.
b. In choosing recreational activities, prudence must be
employed: if a substantial number of parents would
presumably object to the proposed activity as too risky, it
should not be allowed.
c. Additionally, it should be noted that activities listed “High
Risk” found in the Mission Network camp/retreat process
are not covered by insurance and must be completely
avoided.
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d. During activities that include overnights—such as camps,
retreats and pilgrimages:
i. Members must comply with the administrative
guidelines of Mission Network for volunteer
background checks and certification, collection of
permission forms and waivers, online insurance
application and census reporting, accident and
incident reporting, etc., or of the appropriate
sponsoring organization (such as parish or
diocese).
ii. Late night activities with minors, including all night
adoration, are to be discouraged. They may only
take place if the entire group and supervising staff
are participating.
iii. Members should have sleeping locations that are
apart from minors.
iv. They should verify that at least one, preferably two
adults (who have had the required child protection
training and background checks) have sleeping
locations separate from the minors, but in a place
that allows them to monitor their activity. In venues
that have dormitory sleeping arrangements, if it is
impossible to arrange this, then at least two adults
should be in the dormitory to provide for the
minors’ security.
v. Showers for the adults, or at least showering times,
should always be separate from the minors.
vi. Members may provide this nighttime supervision
mentioned in 21.d.iv only during the ECYD Mission
Corps volunteers’ course and in cases of unexpected
necessity.
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22. Sports with minors:
a. Participation in sports with minors is permitted only
when other adults are present, such as in a father-son
soccer game.
b. To engage in this type of activity, a member should ask
permission from his superior, who in turn should grant it
only to those who have given a consistent example of
self-control during sports in community.
c. Swimming with minors, wrestling, “extreme sports”,
martial arts and other sports that require intense physical
contact are not permitted regardless of parental
presence or participation. The superior may permit flag
football on special occasions.
d. Games (such as capture the flag, dodge ball, paintballing,
laser tag) are governed by same principle of adult
presence as stated above.
e. Members should not participate in outdoor games played
at night. They should verify that the adults running the
activity have organized it to minimize safety risks.
23. When doing ministry or apostolate with minors, great care
should be taken in the use of electronic and cell phone
communication.
a. Parental consent should be received in writing before
engaging in the emailing, texting or calling of minors. As
well, parents should be given the option of being copied
in those communications.
b. They may be called on their cell phones only if the
parents have given prior written permission.
c. Members should not use webcam internet
communication with minors, except with relatives whose
parents have given permission to the member.
d. Members should not call or text minors after 9 pm.
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e. The principle of transparency with parents must be
upheld when communicating with minors through
internet social networks.
i. Preference should be given to communication carried
out in fully public institutional situations which in
principle can be viewed by parents (such as the school
or ConQuest Facebook page).
ii. When using personal or institutional accounts,
members should receive a parent’s written permission
before accepting or making a friend request of a
minor.
f. Members must seek the written permission of a minor’s
parents before posting their pictures electronically.
24. Members must not take photos of minors or others in
bathing suits.
25. Members must not engage minors in any roughhousing
activities such as wrestling, tickling, arm wrestling, piggyback
rides, etc.
26. A member may hold a baby if requested or allowed by its
parent.
27. A member must not invite children to sit on his lap. However,
if a child should climb onto his lap, he should be tactful and
engaging but, after some moments, he should remove the
child in a manner that is natural and not abrupt.
28. A member must not play games with children that involve
physical contact (e.g., swinging a child, throwing him in the
air, etc.), even if encouraged by the parents.
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29. Regarding driving:
a. During trips and pilgrimages, driving duties must be
assigned to adults at least 21 years old.
b. A member may do so provided there are at least two
other people in the vehicle. It is preferable, but not
obligatory, that one of the other persons be an adult. A
member may drive a single minor alone in an emergency,
especially when it involves the health or safety of the
minor. In such case, the minor’s parents and his superior
should be informed as soon as possible.
c. A member may drive a single minor alone if he or she is a
relative, with the consent of his or her parent.
30. Minors may stay overnight in Legionary formation centers
only if they have the appropriate written consent from their
parents.
31. Regarding Legionary residences other than formation centers:
a. An individual minor may not stay overnight in a Legionary
residence other than a formation center.
b. A group of minors may stay overnight in a Legionary
residence other than a formation center if it has its own
two adult chaperones fully dedicated to the task of
supervision.
32. Members must not allow minors to enter their bedroom or
cloistered living areas.
33. When visiting homes, they may visit a minor’s room only if a
parent is accompanying them.
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34. They must never offer alcohol to minors or underage
drinkers. Regnum Christi Mission Corp volunteers who are
underage should not be allowed to take alcohol, nor should
they be asked to serve it to others.
35. At times, it is necessary to help a young person understand
that inappropriate behavior has consequences and to obtain
his compliance with the rules. However, this effort should
never inflict physical or psychological harm. Therefore,
corporal punishment is never allowed. Instead, reasonable
physical exercise, service work, or the withdrawal of
recreation time is to be employed for this purpose.
36. Unless specifically appointed to do so, no member, without
the proper parental consent, may prescribe the use of
medication, administer medication or provide medical
attention to a minor, other than in an emergency. To the
extent feasible, emergency medical attention should be
administered in the presence of another adult.
37. No minor under a member’s supervision may be
unreasonably denied food, water, shelter or the opportunity
to go to the bathroom.
38. No runaway minor may be given sanctuary without making a
timely report concerning the minor’s safety and whereabouts
to the custodial parent (or to the authorities, if the parents
are alleged to have abused the minor) as soon as possible.
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Apostolic Schools and Boarding Schools
The Legion’s apostolic school and boarding schools follow the
norms listed above. The following norms are variations because
of their particular circumstances.
39. At apostolic schools, in dormitory sleeping arrangements,
preferably two Legionaries (or at least one) should have their
rooms located off the dormitory to provide for the safety and
well-being of the students.
40. At apostolic schools, when students are getting ready in the
morning, after sports and when they are retiring for the night,
the Legionary who is present should stand in a place that
makes him plainly visible. Being there helps to guarantee the
students’ discipline and is necessary for their safety. He
should avoid carrying on any conversations with them and be
fully dedicated to his task of supervision.
41. Minors doing housework and chores under the supervision of
a member should not be allowed to do work that should be
done by professionals, is for adults, overtaxing, or dangerous.
42. When one adult is supervising an activity (hikes included), he
must be positioned in such a way that he can see and be seen
at all times by a majority of the participants.
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Section Two: Boundary Violations
The Code of Conduct is a basic pillar of the Legion and Regnum
Christi’s efforts to maintain safe environments. Knowing the code
and implementing it will help foster an atmosphere of Christian
respect and dignity.
The code is particularly helpful because it defines boundaries. By
striving to uphold and stay within those boundaries, members will
be carrying out their apostolate in a way that will be effective,
protect children, and protect themselves from misunderstanding
or false accusation.
To prevent sexual misconduct, sexual abuse of minors and false
allegations, early intervention is critical. These rarely happen
suddenly. Abuse of a young person, for instance, is typically the
end result of a grooming process that entails a series of boundary
violations. False allegations also can result from successive
boundary violations that were not addressed in a timely manner.
This section provides guidance for handling boundary violations
towards minors and adults.
43. Fraternal correction is a Christian duty: when a member sees
another member engaging in boundary violations, he should
intervene to question and challenge the behavior. He should
also inform the superior about the incident. In instances in
which intervention is impossible, the member who witnessed
the boundary violation should inform the superior.
44. The superior who receives this report should discuss the
boundary violation in person with the individual concerned.
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45. After a second or third boundary violation, the superior
should issue a written warning to the member, who should
sign this document to acknowledge it as received. A copy will
be placed in the Legion’s personnel file for the member. As
well, in dialogue with the member, the superior should draw
up a written plan to eliminate the boundary violations, which
the member should acknowledge as received by signing. It
should also be placed in the individual’s personnel file.
46. If, despite this plan, boundary violations continue, religious in
formation will be asked to leave the congregation. In the case
of priests, the territorial director will be obliged to impose
restrictions on the individual’s ministry and movements to
reduce the risks to the safety of himself and others.
47. The territorial director and superior will work to ensure that
the member bringing forward a report of a boundary
violation does not suffer unfair treatment for having done so.
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Section Three: Reporting Obligations
Addressing American bishops and cardinals in 2002, St John Paul II
referred to sexual abuse of minors as a crime: “The abuse which
has caused this crisis is by every standard wrong and rightly
considered a crime by society; it is also an appalling sin in the
eyes of God. To the victims and their families, wherever they may
be, I express my profound sense of solidarity and concern.”
Dealing with crimes and bringing those responsible to justice are
the obligation of civil authorities who need the support of citizens
to carry out its vital function of protecting society. Pope Benedict
told the Irish bishops in 2010, “…Besides fully implementing the
norms of canon law in addressing cases of child abuse, continue
to cooperate with the civil authorities in their area of
competence.” Pope Francis in 2015 said “Clergy and bishops will
be held accountable when they abuse or fail to protect children.”
Thus, the Legionaries of Christ are committed to upholding
standard 12 of the CMSM-approved accreditation standards: “The
institute will require its members to report to civil authorities
known or suspected sexual abuse of a victim who is currently a
minor, regardless of the state’s mandatory reporting laws.”
Standard 12 recognizes the seal of confession; thus, in accord
with canon law, information revealed during the sacrament of
reconciliation will be held in absolute confidence. Outside of
confession, however, there are limits of confidentiality. Members
must report all known or suspected sexual abuse of a current
minor. Members should explain the limits of confidentiality to
people receiving pastoral care.
20
When reporting these cases, the member who has direct
knowledge or suspicion of the alleged abuse must make the
report himself within 24 hours. The member may request
assistance from his superior to make the report, but he must do it
himself.
21
Summary of Reporting Steps:
When a member has knowledge or suspicion of the sexual abuse
of a current minor:
48. He may seek first the advice of his superior, the Legion’s safe
environment coordinator or school director to verify that the
case is to be reported.
49. The member must make the report to the police or Child
Protective Services within 24 hours of becoming aware of the
alleged abuse.
50. He must retain any acknowledgment sent to him later by the
agency or document this himself with a file memo if no
acknowledgment is forthcoming.
51. He must inform his superior and the Legion’s safe
environment coordinator in writing, in order to document the
Legion’s adherence to the accreditation standards of
reporting known or suspected cases of sexual abuse of a
minor. Thus, the particulars need not be shared with the safe
environment coordinator.
52. If the case involves a member, our institutions or apostolates,
the local ordinary must also be informed by the superior or
territorial director.
53. Compliance with the Legion’s reporting policy is the personal
responsibility of the member. However, failure to report
known or suspected abuse is a serious violation of the
Legion’s expectations and may have grave consequences for
the safety of children, the territory and/or the individual
member.
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54. Note on allegations involving current or former members: It
is the policy of the Legion in North America to report to civil
authorities all allegations of abuse of minors involving current
or former members, even when the alleged victim is now an
adult. If the alleged abused occurred in another territory, the
allegation will be referred to the respective territorial director
to be handled according to their policies for reporting and
investigation.
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Section Four: When There is an Allegation
There are many issues surrounding the handling of an allegation
of sexual abuse of a minor. In section three, reporting obligations
have been already dealt with. This section will treat other
important aspects such as:
• Pastoral care for alleged victims
• Investigating allegations
• Support for the accused
• Potential outcomes
Pastoral Care for Alleged Victims
The experience of sexual abuse is devastating, leaving emotional
scars that can last a lifetime. It is particularly jarring when the
perpetrator is a cleric or holds any form of Church authority —
this can seriously affect one’s relationship with God and the
Church. Pope Francis, in August 2013, spoke about the wounds of
victims. “The Church, which is mother, must go and heal those
wounds."
If someone brings forward an allegation of sexual abuse, he or
she should be treated with utmost respect and compassion.
Every allegation is to be taken seriously and those reporting such
instances should be given authentic pastoral support.
Anyone bringing forward such a complaint should be encouraged
to report it as well to the civil authorities.
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The Legion is committed to supporting victims on their road
toward healing and will do everything in their power to help
them regain their dignity and overcome the great burden that
having been abused imposed upon their lives. Our policy of
pastoral outreach, carried out under the guidance of our
pastoral care coordinator, will include providing resources for
healing for anyone bringing forward an allegation of having
suffered sexual abuse as a minor by a member, starting when
the complaint is lodged.
When the investigation is concluded, if the allegation is admitted
or substantiated, we will work with the victim to determine how
best to support their process of healing and reconciliation.
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Investigating Allegations
55. Investigations. All allegations of sexual abuse of a minor,
including anonymous ones, are taken seriously and will be
investigated to the extent that is feasible, based on the
information available. When an allegation is received and it
cannot be immediately ascertained as false, it will be
investigated to determine whether or not it is founded.
NB Given the nature of social media, allegations made on
those platforms will not be pursued until the Legion receives
a formal complaint. Nevertheless, the territorial director has
discretion to investigate if he so chooses.
56. Civil Authorities. When a member is accused of sexual abuse
of a minor or the possession of child pornography, the
appropriate civil authorities shall be informed. The Legion will
cooperate fully with the authorities and, generally speaking, it
will not proceed with its own internal investigation until the
authorities finish their own or give permission for the Legion’s
investigation to move forward. However, when a criminal
investigation is inactive for at least 6 months, the Legion
reserves its right to commence its own internal investigation,
informing the authorities of that effort.
57. Internal Investigation. The Legion’s internal investigation
will seek to establish whether or not the allegation is
supported by the evidence, even if civil authorities have
decided not to bring charges. If the civil authorities have
cleared the accused of actual abuse charges, the goal of the
internal investigation will be to ascertain whether any
inappropriate conduct short of abuse may have occurred.
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If, in the course of this investigation, additional evidence is
uncovered that substantiates an allegation, the Legion will re-
contact the authorities.
58. The internal investigation will seek to be as objective and
thorough as possible. Especially in those cases where it is not
possible to obtain a written report from civil authorities, the
Legion will retain a professional investigator to assist in the
investigation.
59. When the investigation is concluded, the final report will be
submitted to the review board for detailed analysis. The
review board is a confidential consultative body to provide
advice to the territorial director regarding allegations of
sexual abuse of minors by Legionaries. It is comprised of a
select group of distinguished individuals, most of whom are
lay and not in the employ of the Legion, chosen because of
the relevance of their knowledge, skill and experience in their
varied professions.
60. The board will formulate a recommendation for the territorial
director, who will issue the final decision on the case.
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Support for the Accused
When a member is accused of sexual abuse, it must be kept in
mind that he is a spiritual brother who must be given support.
Whatever the nature of the allegation, his superiors will walk with
him every step of the way, seeking to live the fraternal charity
that is at the heart of life in the Legion.
61. Withdrawal from ministry or apostolate. While this
investigation is ongoing, the accused member will be
withdrawn from ministry or apostolate until the case has
been resolved. This is a prudential measure to protect
children and does not represent a determination of the
member’s guilt or innocence as it pertains to the allegation.
In addition to withdrawal from ministry or apostolate, the
territorial director will tell the accused where he should live
during the investigation, should the territorial director judge
that changing location would be in the best interest of the
alleged victim, the safety of children, or the accused.
In some circumstances the territorial director may judge that
it is not appropriate to ask a member to withdraw from
ministry until a greater semblance of truth emerges. This
would include when the allegation is made in social media
and has not been formalized, is anonymous, or by a third
party.
62. Support during the time of withdrawal. The territorial
director and superior will strive to support the accused during
his withdrawal from ministry or apostolate. They will ensure
that he has meaningful work to do within the community and
that he is given strong spiritual and emotional support. They
will also stay closely informed about the investigation to
continually insist on its timely resolution.
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63. Legal counsel. When a criminal investigation by civil
authorities has been initiated, the Legion will assist the
accused to secure legal counsel independent of the Legion of
Christ’s own counsel. If he requests canonical representation,
that will also be obtained for him. Both civil and canonical
representation will be at the Legion’s expense.
64. Confidentiality: the right to a good name. An individual’s
right to a good name does not diminish the Legion’s
obligation to fully investigate an allegation of sexual abuse of
a minor. Nevertheless, the territorial director will share
information with others regarding the allegation and its
investigation on a strictly need-to-know basis. He will strive to
protect the accused from undue disclosure of the allegation
to other persons (cf. Catechism of the Catholic Church 2477).
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Potential Outcomes
65. In all instances, the final decision concerning the internal
investigation—whether the allegation is deemed established
(substantiated), false, or not substantiated—rests with the
territorial director upon review of the facts, investigative
report, and review board recommendations, always
recognizing the member’s right to appeal to the general
director.
66. It is the territorial director’s responsibility to communicate his
conclusions and decisions to the person who made the
complaint, to the member involved, to the member’s local
superior and to other parties, as necessary and appropriate.
All such communication should be documented.
In the case of an admitted or substantiated allegation:
67. A religious who is not ordained will be dismissed from the
Legion.
68. The territorial director will apply the appropriate numbers of
the Essential Norms (to be confirmed by the Congregation for
the Doctrine of the Faith): “When even a single act of sexual
abuse of a minor by a priest or deacon is admitted or is
established, … the offending priest or deacon will be removed
permanently from ecclesiastical ministry. … He will not be
permitted to celebrate Mass publicly or to administer the
sacraments. He is to be instructed not to wear clerical garb or
to present himself publicly as a priest” (No. 8).
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69. In the case of a transitional deacon, one who has an admitted
or substantiated allegation will not be allowed to proceed
towards priestly ordination. Thus the member will be
encouraged to petition for a dispensation from both his
religious vows and the obligations of the clerical state.
70. In the case of a priest, the territorial director will provide for
the pastoral care and treatment of the member, offering him
fraternal support in whatever penalties are imposed upon
him by the legal system and/or by the Congregation for the
Doctrine of the Faith.
71. The territorial director’s response may also include, but is not
limited to, the following:
a. Psychological and medical assessment and intervention
b. Requiring that the priest submit to a “safety plan,” i.e.,
detailed restrictions on personal activities and other
directives aimed at prevention of recidivism.
72. The local superior will contact the appropriate diocesan
offices to communicate the nature of the allegation and to
inform the diocese of the procedure followed and the
response of the Legion to the allegation.
73. The territorial director will inform the leadership of the
organization (e.g., school, parish, etc.) where it occurred.
74. The territorial director will make a public communication of
an established allegation in order to provide other potential
victims the opportunity to come forward.
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75. Should an allegation prove to be unsubstantiated, in most
cases the member will be returned to ministry or apostolate
and the territorial director will work towards the restitution
of his good name. This would include such actions as writing
the local ordinary to tell him of the outcome, extensive oral
and written communication with the local superior, other
Legionaries and others who had come to know about the
original accusations. Likewise, he will coordinate
communication with all appropriate parties so that
reconciliation can take place where possible and the
reparation of damage to reputation can be undertaken.
76. In those cases in which the actual abuse allegation was
determined to be unsubstantiated but evidence was obtained
that indicated problematic behaviors exist, the territorial
director with his council should determine if restrictions on
the member’s ministry or further intervention is warranted.
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APPENDIX A: Sexual Misconduct with Adults
Legionaries should be aware of the need to maintain appropriate
boundaries with adults as well as minors. This appendix will
outline the Legion’s response to members’ sexual misconduct
when it involves a) consenting adults in general; b) certain specific
categories of adults; c) criminal behavior. At the end of this
appendix, there are notes regarding non-ordained members and
denied allegations.
1. Misconduct involving consenting adults:
This refers to consensual sexual misconduct with another
adult involving physical contact or through communication
media (e.g., cybersex, sexually explicit texting, webcam sexual
encounters, etc.). When misconduct of this type comes to the
attention of the superior, he will act quickly to contain the
spiritual and moral damage. He will seek the counsel of the
territorial director and, at a minimum, implement the
following steps:
a. The Legionary will be placed on administrative leave, in
order to focus on addressing the issues involved. During
this leave, the Legionary will be restricted in his exercise
of public ministry and prohibited from contact with any
person with whom he has been sexually involved.
b. Steps should be taken to ensure that the relationship is
appropriately terminated, and both parties are offered
spiritual support.
c. Since sexual misconduct may be symptomatic of
underlying mental health issues, the Legionary will be
offered the opportunity to have a full psychological
evaluation.
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d. After any needed psychological treatment, the member
will be interviewed by the territorial director to assess his
readiness to resume ministerial duties.
e. The territorial director, with the help of his council, will
examine the circumstances to determine whether the
member needs to receive a change in location and/or
assignment or restrictions on his ministry.
2. Misconduct involving specific categories of adults
a. An apology will be offered to the victim by the Legion.
b. The Legionary will spend a suitable time in prayer and
penance, with no public ministry, for a minimum of three
months, as determined by the territorial director. This
would include opportunities for a full psychological
evaluation.
c. Upon concluding his time of prayer and penance and, if
dictated, any needed psychological treatment, the
Legionary will be interviewed by the territorial director to
assess his fitness for ministry. The territorial director,
with the help of his council, will determine whether the
member needs to receive a change in location and/or
assignment or restrictions on his ministry.
3. Misconduct that is criminal:
This refers to sexual misconduct with an adult that is
nonconsensual, such as sexual assault and/or sexual
contact with a vulnerable adult (i.e., those having
cognitive or developmental deficits).
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When the Legion receives an allegation of this nature, it will
report the allegation to civil authorities and cooperate fully
with any criminal investigation.
In the case of admitted or proven criminal sexual misconduct,
in addition to facing any criminal penalties, the member will
not be reassigned to public ministry until deemed suitable for
ministry by the territorial director. In addition, if not
incarcerated or after such, he will be placed upon a safety
plan (i.e., supervised living requirements designed to reduce
the possibility of re-offense). In the severest cases, the Legion
will encourage the member to seek dispensation from his
religious vows and the obligations of the clerical state.
In each of these situations, canonical counsel will be offered
to the member at the time he is notified of the allegation.
Should the alleged misconduct involve a canonical crime, the
internal investigation will be conducted in accord with the
norms of canon law.
Civil counsel will be offered to the member if the allegation
involves a civil complaint in which he is named and/or a
criminal case.
Note regarding non-ordained members: In all the instances
of substantiated allegations outlined above, members in
temporary profession will not be allowed to renew their
vows. The territorial director and superiors will assist
perpetually-professed members to discern the
appropriateness of seeking a dispensation of their vows from
the Holy See.
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Note regarding allegations that are denied: When the
Legion receives allegations of such misconduct that are
denied by the Legionary in question, the territorial director
will initiate an investigation, keeping the Legion’s review
board apprised of it as it proceeds. During the investigation,
the Legionary will be placed on administrative leave. The
territorial director will issue a final judgment on the case
upon receiving the recommendation of the review board. If
the territorial director reaches moral certitude that the
misconduct occurred, pending any needed judgment of a
canonical court, the consequences outlined above will ensue.
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APPENDIX B: Legionaries from Other Territories
1. Any Legionary from another territory who plans to come into
the North American Territory to do ministry (which in the
North American Territory is defined very broadly, in keeping
with the current praxis, and includes celebrating the
sacraments (including concelebration), preaching, and giving
spiritual direction, but also accompanying groups of minors,
etc.) will adhere to the following guidelines:
a. He will submit his plan through the current territorial
director of his territory of residence to the North
American territorial director.
b. The North American territorial director will consider the
proposal and will inform the territorial director of his
territory of residence if he is in agreement.
i. After the territorial director of his territory of
residence has granted permission with a protocolized
communication, the visiting Legionary must fill out
the standard request form to do ministry in dioceses
of the North American territory and submit the form
to the North American Territorial Secretariat at
buzrelna@legionaries.org.
ii. The North American territorial director will take care
of presenting the necessary requests for permissions
to minister to each of the ordinaries in whose
diocese the visiting Legionary will be during his stay,
requesting from his current territorial director a
letter of good standing or an explanation of his
personal situation as part of this process.
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c. The visiting Legionary must also complete the VIRTUS
online safe environment training. Any questions related
to how to proceed can be directed to the North American
Territorial Secretariat at buzrelna@legionaries.org.
d. He must read and sign as acknowledged this Code of
Conduct.
e. During his stay, he is accountable to the local superior if
he is staying with a Legionary community.
f. If he resides outside a Legionary community, he should
check in with the territorial directorate upon arrival in the
territory, at the midpoint of the stay, if it is longer than
two weeks, and upon departure.
2. Any Legionary who seeks to come to the North American
territory without plans to do ministry (in the broad sense
defined in 1. above) must adhere to all the guidelines listed
above, except for that contained in 1.c.
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APPENDIX C: Sexual Misconduct within the
Legionary Community
Living in a religious congregation requires a level of trust similar to a
human family. Therefore, violations of chastity between or among
members threaten not only the spiritual and human well-being of those
members but of the whole community.
1. If a Legionary is accused of sexual activity with another Legionary
but denies the allegation, an internal investigation will be
conducted in accord with canon law to determine if the allegation
can be substantiated.
2. If a Legionary (a) self-reports sexual activity with another
Legionary; (b) admits to an accusation made by another, or (c) an
accusation made by another is determined to be substantiated,
disciplinary action may take place, depending on the egregiousness
of the conduct and the level of imputability of the concerned
parties. In the most serious of cases, the Legionary will be
encouraged to seek a voluntary dispensation from his religious
vows and from the obligations of the clerical state. Should the
Legionary choose not to do so, the Legion will seek to have the
Legionary dismissed from both the Legion and the clerical state.
3. Disciplinary action will not be taken against a Legionary who
reports having been victimized through sexual misconduct by
another member (e.g., sexual harassment, inappropriate sexual
advances, abuse of authority for immoral ends). Instead, a
victimized member will be provided all the support needed to heal
and live a healthy community life, should this be possible. If
healing for the member requires departure from the Legion,
transitional assistance will be provided.
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4. Should any sexual misconduct reported to the Legion appear to
rise to the level of a crime, the Legion will report it to the local
authorities.
To report sexual misconduct by another Legionary, a member could
bring it to his superior or territorial director. If the misconduct
involves his superior, he should make his report to the territorial
director. If it involves the territorial director, he should make his
report to the general director. If the behavior is criminal in nature,
he should report it first to the civil authorities, then to the
appropriate religious superior.
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