Independent mediator awards over $19 million to victims/survivors of childhood sexual abuse

The Kenneth Feinberg Group has completed its administration of the Diocese of Pittsburgh Independent Reconciliation and Compensation Program.  Since the opening of the fund in 2019, the fund administrators have awarded more than $19 million to victims/survivors in 224 cases that occurred over many decades, with the vast majority prior to 1990.

“My heart continues to grieve for the victims of childhood sexual abuse, especially those abused by clergy, the very people who were ordained to guide them to a life of holiness,” Bishop David Zubik said. “It is my prayer that this compensation will provide support that victims/survivors need on their path toward healing.”

As Bishop Zubik indicated when he announced the creation of the IRCP, no monies were taken from parishes or schools, or the Campaign for the Church Alive, or from the sale of parish assets. Rather, all funds were obtained from sources within the church.  Among them were sale of historical diocesan assets, such as the Saint Joseph Protectory property; insurance reserves and the closure of the downtown pastoral center. 

BACKGROUND

On December 13, 2018, Bishop Zubik announced that the Diocese of Pittsburgh was launching an Independent Reconciliation and Compensation Program (IRCP) as part of its longstanding efforts to respond to claims of sexual abuse of minors by clergy.  The stated purpose of the fund was to promote healing by providing compensation to victim/survivors of abuse by priests or deacons of the diocese.

In that announcement, Bishop Zubik noted that any program to compensate survivors of abuse must be more about the survivors than about financial compensation.  The fund’s goal was “recognizing the harm done by past abuse and of continuing the pledge of taking every appropriate action to prevent the occurrence of future abuse.”

The IRCP formally opened on January 22, 2019 and its administration was completely independent from the Diocese of Pittsburgh.  The Diocese of Pittsburgh, like many other dioceses, selected the world-renowned mediation firm of the Kenneth Feinberg Law Offices of Washington D.C. to serve as fund administrator.  The Feinberg firm had full independence from the diocese to determine compensation offers to eligible survivors who applied to the IRCP fund. 

The Feinberg firm worked with individuals who had previously submitted a complaint of childhood sexual abuse to the diocese, as well as with individuals who had not previously filed a claim but who chose to register directly with the IRCP fund.  The diocese continued its longstanding practice of turning over to the appropriate civil authorities all allegations of childhood sexual abuse it directly receives, and also turned over all new allegations received by the IRCP.

The Feinberg firm invited all individuals who applied to the IRCP to submit any documentation or corroborating evidence to support their claim.  All information was maintained by the IRCP in complete confidence and used only to assist the fund administrators in evaluating an applicant’s claim and reaching a fair determination as to compensation. 

Along with pledging to maintain the complete independence of the IRCP, Bishop Zubik promised to provide a disclosure of the activity of the fund at its conclusion.  Following several extensions of the fund in order to allow claimants to submit all relevant information, especially in light of the constrictions of COVID-19, the IRCP came to its conclusion as of October 31, 2020.  

RESULTS:

Total claims submitted:  369

Claims determined ineligible pursuant to fund protocols:  70

Claims withdrawn:  2

Total eligible claims:  297

Claimants who did not respond to their offers:  21

Rejected offers:  52

Total claims paid:  224

Total Paid to Claimants:  $19,237,000

The Feinberg firm has now processed all claims and has sent determination letters to all claimants.  More than 75% of eligible claimants have accepted their offers.  Under IRCP protocols, before accepting any compensation all individuals were required to consult with an attorney to review the documents and make sure they fully understood the agreement.  If the individual claimant did not already have counsel, the fund administrators provided an independent attorney to help them free of charge.  With all claims now processed, the Feinberg group has completed its work.
 
Over 35 years, the Diocese of Pittsburgh has created a multifaceted response to the evil of childhood sexual abuse.  In 1986, it was among the first dioceses in the country to create a policy for responding to allegations of sexual abuse by clergy.  In 1993, the diocese created an Office for Victim Assistance and became one of the first dioceses in the nation to retain a full-time victim assistance coordinator.      

In 2007, upon becoming bishop of the Diocese of Pittsburgh, Bishop Zubik established the Office for the Protection of Children and Young People to consolidate diocesan safe environment efforts.  In March of 2019, Bishop Zubik built further on that work with an action plan announced in his pastoral letter, The Church Healing, of which the IRCP was an important part. The Diocese of Pittsburgh will continue to pursue best practices for the prevention of and response to sexual abuse.

“Although this is the end of the fund, there will be no end to my and our diocese’s commitment to protect young people from abuse and to reach out with care and concern to anyone who has been harmed,” Bishop Zubik said.

“It is my responsibility to be vigilant in the care of all of our people, ensuring that our parishes and schools are places of safe environment and our leaders, both clergy and laity are people committed to the protection of all God’s people.”