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The Clergy Sex Abuse Crisis and the Legal Responses$
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James T. O'Reilly and Margaret S.P. Chalmers

Print publication date: 2014

Print ISBN-13: 9780199937936

Published to Oxford Scholarship Online: October 2014

DOI: 10.1093/acprof:oso/9780199937936.001.0001

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Fraud and Nondisclosure in the Assignment of Clergy

Fraud and Nondisclosure in the Assignment of Clergy

Chapter:
(p.139) Chapter 13 Fraud and Nondisclosure in the Assignment of Clergy
Source:
The Clergy Sex Abuse Crisis and the Legal Responses
Author(s):

James T. O’Reilly

Margaret S. P. Chalmers

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199937936.003.0013

Abuse allegations led to the removal of some priests from a parish. Bishops then sent that priest to another parish without disclosing alleged misconduct to new parish members. Suits claimed the diocese acted fraudulently by not warning the parents of the risk of repeated sexual abuse incidents at the new site. The chapter lays out the procedures involved when a clergy member is transferred or reassigned, including the impact of the “freedom of religion” factor that prevents extension to Church personnel decisions the type of claims that might arise when a private employer negligently hires a person with a history of misconduct.

Keywords:   bishop, transfer, reassignment, abuse, disclosure, warning

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