ARCHDIOCESE OF NEW YORK
INDEPENDENT RECONCILIATION AND COMPENSATION PROGRAM ("IRCP")
COMPENSATION OF CERTAIN INDIVIDUAL CLAIMS OF CLERGY SEXUAL ABUSE
FREQUENTLY ASKED QUESTIONS (“FAQs”)
PHASE II
FREQUENTLY
ASKED QUESTIONS
MARCH 1,
2017
1. What
Is Phase II of the Independent Reconciliation And Compensation Program?
This Phase II Independent
Reconciliation and Compensation Program (the “Phase II IRCP”) follows the
completion of the claim submission process of Phase I of the Independent
Reconciliation and Compensation Program previously implemented, and supplements
initiatives already undertaken by the Archdiocese of New York (the
“Archdiocese”) to address the problem of sexual abuse of minors alleged against
clergy of the Archdiocese. The Phase II IRCP is the continuation of a program
designed to compensate eligible victims of abuse.
The Phase II IRCP is administered by Kenneth R.
Feinberg, a highly regarded mediator, and his colleague, Camille Biros (the
“Administrators”). The goal of Phase II of the Program is to resolve claims of
sexual abuse by clergy of the New York Archdiocese (the “Archdiocese”) by
individual claimants who have not previously reported a complaint of abuse to
the Archdiocese. The Administrators of the Program have complete autonomy to
determine eligibility of individual claims and the amount of compensation for
victims that come forward with a claim. The Program will be monitored and
advised by an Independent Oversight Committee comprised of former Police Commissioner
Ray Kelly, Judge Loretta Preska and Dr. Jeanette Cueva who will oversee implementation
and administration of the IRCP. Commissioner Kelly serves as Chair of the
Independent Oversight Committee. The Committee has no authority to modify or
reject any individual claim determinations governing eligibility and
compensation rendered by the independent Administrators or to act as an appeal
board for any claimant.
2. Who
May File A Claim?
Individuals who have previously registered for
Phase II of the IRCP alleging sexual abuse by clergy of the New York
Archdiocese (not previously reported to the Archdiocese) may file a claim for
Phase II of the Program. (As stated during the Registration Process, all such allegations
made in Phase II will be forwarded to the local office of the District Attorney
by the Claimant and to the Archdiocese for initial review of the allegations.)
All other individuals who believe they may have a claim must register
with the Program via the Program website at https://www.nyarchdiocese-ircpsettlementprogram.com.
or call the Program Call Center toll free at 866 913-3210.
3. Will
Filing A Claim Cost Money?
No. There is no fee associated with filing a claim
with the Program. You may, however, incur fees from professionals such as
lawyers, should you choose to engage their services. The Program will not pay
for or reimburse you for such fees. However, it will provide you a lawyer free
of charge, if you so request, for the purpose of explaining to you the nature
of the release an eligible individual claimant must sign in return for
receiving Program compensation.
4. What
Proof Will I Have To Submit To Receive Compensation From The Program?
Supporting documentation (examples shown below)
which provides evidence of the nature, frequency, location and time of the
alleged sexual abuse will assist the Administrators in reviewing and evaluating
your claim. Examples of supporting documentation include:
·
Copies of contemporaneous notification (in the form of an email,
a letter or other form of communication) regarding the alleged abuse made by
the individual claimant to friends, family, church officials, law enforcement
authorities, and/or others.
·
Medical or counseling records for treatment received relevant to
the alleged abuse.
·
Police or other law enforcement records
5. What
Happens After A Claim Is Filed?
Once your Claim Form and supporting documentation
are received, the Administrators will process your claim promptly. You will
receive written notice by mail or by email of the receipt of your claim. Claims
are reviewed by the Administrators on a rolling basis. Upon completion of the
review of your claim by the Administrators, you will either be notified of the
determination of your claim, or notification of deficiencies in documentation
and requests for additional documentation, if necessary.
6. How
Will Settlement Amounts Be Determined?
The Independent Reconciliation and Compensation
Program will be administered by Kenneth R. Feinberg and Camille Biros. They
have final decision-making authority to determine who is eligible and the
amount of the compensation. The compensation will be just and fair, based on
the experience and judgment of Mr. Feinberg and Ms. Biros and consistent with
the guidelines established and agreed to by the Administrators, the Independent
Oversight Committee and the Archdiocese. In the course of administering the
Program, the Administrators will take the following steps:
·
The Administrators will evaluate claims submitted with the
required documentation in a prompt and fair manner.
·
Any documentation previously submitted to the Archdiocese in
connection with claims of sexual abuse will be made available to the
Administrators consistent with the Protocol. All documents and other
information provided the Administrators by individual claimants and/or the
Archdiocese will remain confidential and will not be disclosed except in
connection with the processing of the claim, the prevention of fraud, and the
protection of children under the Archdiocese Safe Environment Program or as
required by law.
·
Consistent with the terms and conditions of the Protocol, any
final decision rendered by the Administrators pertaining to an individual claim
will be fully binding on the Archdiocese. The Archdiocese has no authority to
reject any final decisions rendered by the Administrators.
·
The Administrators will send each claimant and the Archdiocese notification
of the determination of the claim including the proposed settlement amount.
·
Acceptance of payment from the Administrators will require the
claimant to execute a Full Release of Liability.
·
The Administrators of the IRCP will keep confidential all
information received from all claimants participating in the IRCP, except in
connection with the processing of the claim, the prevention of fraud, and the
protection of children under the Archdiocese Safe Environment Program or as
required by law. As noted in the Protocol, new claims will be reported to
the appropriate District Attorney before they can be considered by the
Administrators.
·
There is no confidentiality requirement of any kind for
claimants participating in the IRCP, and they may share details of their
experience with whomever they wish.
7. When
Will Victims Receive Payment?
The Independent Reconciliation and Compensation
Program will begin to immediately reach out to claimants and begin review the
cases of those who have already come forward in the past and who voluntarily
decide to participate in the Program. The Administrators expect to spend the
next four months reviewing these matters previously submitted to the
Archdiocese and to make payments to eligible claimants on a rolling basis during
this time frame.
8. How
Will Payments Be Made?
Payments will be issued by the Program following
the final processing of an eligible claimant’s Claim Form and acceptance by the
claimant of the settlement amount. The Program will authorize the payment, by
check or electronic funds transfer, to each eligible claimant upon receipt of
the required release signed by the claimant. Checks will be sent by overnight
courier service.
9. What if my claim is against clergy of
another diocese or religious order? May I still register for Phase II of the
Program?
If your claim involves acts of
abuse committed by clergy of another diocese or religious order, your claim
will be forwarded to the appropriate religious community for handling using
their own policies and procedures for responding to allegations of abuse.
The person bringing the claim will be informed where the allegation has been
forwarded.
9. How
Do I Apply?
Phase II potential claimants who have previously
registered for Phase II of the Program will be sent, via overnight delivery, a
copy of the Program Protocol, the Claim Form and a copy of these FAQs. All
other individuals who believe they may have a claim must register with
the Program via the Program website at https://www.nyarchdiocese-ircpsettlementprogram.com.
or call the Program Call Center toll free at 866 913-3210.
Completed Claim Forms may be sent to the
Administrators via US mail or overnight courier service to the address shown on
the Claim Form. The completed Claim Forms will be reviewed by the
Administrators for a determination of eligibility and a determination of the
amount of compensation. The Archdiocese and the claimant will be notified of
each determination made by the Administrators. The claimant will review the
offer and determine whether or not to accept the offered compensation.
If a claimant chooses to accept a final payment
pursuant to this Protocol, the claimant will be required to sign a Full Release
of all past and future claims against any party relating to such allegations of
sexual abuse. Before signing such a Release, the individual claimant will be
required to consult with an attorney selected by the claimant, or if the
claimant so requests, the Administrators shall provide an attorney to provide
free, pro bono legal counseling to the claimant for the sole purpose of
advising the claimant concerning the nature, language and significance of the
Release.
10. How Can I
Obtain A Claim Form?
Copies of the Claim Form will be mailed to each
individual who previously registered for Phase II with the IRCP Program via the
Program website. If an individual is not contacted within two weeks after the
commencement of the Phase II Program and believes he/she should have received a
Claim Form for the Phase II Program, the individual should register with the
Program through the website at https://www.nyarchdiocese-ircpsettlementprogram.com.
Please send questions via email to the Administrator at ClaimantService@NYARCHDIOCESE-IRCPSettlementProgram.Com,
or telephone the Call Center toll free at 1-866 913-3210.
11. Where Should I
Send My Claim Form?
Completed Claim forms and the required supporting
documentation should be submitted to the Administrators at the following
address: (A pre-paid postage return addressed envelope will be provided in
your packet for submission of your completed Claim Form and documentation to
the Administrator.)
NY Archdiocese-IRCP
Settlement Program – Phase II
c/o The Law Offices
of Kenneth R. Feinberg, PC
1455 Pennsylvania
Avenue, NW – Suite 390
Washington, DC
20004
12. Are Claim
Materials Available in Languages Other Than English?
The Program website, Protocol, Claim Form,
instructions for completing the Claim Form and Frequently Asked Questions will
be made available in English and Spanish.
13. What If I Have
Questions About The Claim Form Or The Claim Submission Process?
You can contact the Administrators by either
sending your message/questions via email to: ClaimantServices@NYArchdiocese-IRCPSettlementProgram.com
or by calling toll free 1-866 913-3210.
14. How Will I Know
If My Claim Is Missing Information Or Documents?
You will be notified of any deficiency in your
documentation or any missing required documentation once you have submitted
your Claim Form. Please ensure that your full name, address, and other contact
information appear on every communication submitted to the Program.
15. How Can I
Update Or Supplement My Claim Form?
If you need to supplement your submission or
correct or remedy a deficiency with your submission, you will be able to do so
by sending the supplemental documentation to the Administrator at the address
shown above. Also, the Administrators may contact you and state that your
claim is deficient and must be supplemented with additional information. You
will be afforded an opportunity to do so.
16. How Long Will
Victims Be Able To Apply For Compensation?
Phase II applications may be submitted to the
Administrators on or before the deadline of July 31, 2017.
17. Do Victims Waive
Their Right To Legal Action If They Accept Money From The Independent
Reconciliation and Compensation Program?
Yes, as already indicated, any individual claimant
who accepts compensation pursuant to the Program must surrender any right to go
to court to sue any party relating to the alleged sexual abuse.