Letter to Bishop Zubik
[Webmaster’s Note: Section of this letter/email have been removed because of language which may identify the victim. When information has been removed, it has been replaced by the following: [Redacted]
Extra Mile Foundation / Sexual Misconduct / Archabbot Nowicki
May 21, 2012
Dear Bishop Zubik,
You are a member of the Board of Directors of the Extra Mile Education Foundation (hereinafter EME) a privately funded, non-profit charity located in Pittsburgh, whose primary purpose is to raise money to subsidise the tuition of low income students who attend Catholic schools within Pittsburgh area. The vast majority of the students benefit from the excellent work undertaken by the foundation are African American.
The Problem.
What follows is not supposition but verifiable fact. On December 16, 2011 a letter was sent from the Congregation for Institutes of Consecrated Life and for Societies of Apostolic Life in Rome, acknowledging receipt of a canonical denunciation of Archabbot Douglas Nowicki, O.S.B. bearing the signature of Fr. Sebastiano Paciolla O. Cist., (Prot N. 41261/2010).
Said denunciation related to an allegation of sexual harassment/misconduct involving a junior monk [Redacted] submitted to said Dicastery. Said junior monk was a constituent member of the monastic community in simple vows at St Vincent Archabbey when the alleged misconduct took place. [Redacted]
Recognising that Archabbot Nowicki has a right to his good name, and emphasising that the allegations remain unproven until Archabbot Nowicki is subjected to a canonical process properly conducted ad legem; does not mitigate or excuse the egregious violation of the Code of Canon Law, and the norms of the Dallas Charter with respect to this matter to be outlined below.
Many students that benefit from the work of the EME Foundation satisfy the exacting legal criteria to be recognised as “minors” under Pennsylvania State Law, the 1983 Code of Canon Law, and the essential norms covering penal cases involving minors that are referred to the judicial competence of the Congregation for the Doctrine of the Faith, thus the presence of Archabbot Nowicki on the Board of Directors of the aforesaid Foundation, brings the foundations excellent work into serious disrepute.
Because of the extremely close association of the Foundation with the mission of the Diocese of Pittsburgh, ostensibly, it can be forcefully and persuasively argued, that the EME Foundation is an extension of the pastoral outreach of the Diocese; although a distinct legal entity. Bishop Donald Wuerl, when he was Bishop of Pittsburgh was an important and constituent person involved in establishing said foundation.
The Dallas Charter.
Bishop Zubik, more than most you will be aware that the provisions of the Dallas Charter guide all matters pertaining to the protection of minors and vulnerable individuals in the American Roman Catholic Church. You will recall my recent letter graciously answered by your Auxiliary Bishop, with respect to a DIFFERENT [Redacted] at St Vincent Archabbey, [Redacted]. [Redacted]
Said Charter holds the approval or recognitio of the Holy See. By virtue of Note 1 to the Norms, Archabbot Douglas Nowicki, satisfies and is a “Major Superior” as defined within the context of said norms, and so is bound and subject to the juridical provisions contained within those Dictates.
The norms of Canon 1722 requiring Archabbot Nowicki to step aside while these allegations are being investigated have NOT been observed with respect to this manner for reasons, which cannot be explained.
Nonetheless, as a major religious superior the continuance of Archabbot Nowicki to exercise juridical authority over St Vincent Archabbey; his presence on the Board of the Extra Mile Foundation, is, and remains a most serious and deeply egregious breach of the “particular law” for the United States Roman Catholic Church, that can now no longer be ignored.
The Problem for the Extra Mile Foundation.
Archabbot Nowicki is on the Board of EME Foundation, Thus, Archabbot Nowicki enters the canonical territory entrusted to your pastoral governance for meetings.
http://www.saintvincentarchabbey.org/newsmodule/view/id/166
As the Bishop of Richmond will attest in the case of Fr. Luke Travers O.S.B. the American Cassinese Congregation have a pernicious habit of cover-up when it comes to recidivist clergy. Indeed, the allegations of sexual harassment levelled against Archabbot Nowicki, were investigated and covered up by the former Abbot President Timothy Kelly, who now is subject to a posthumous lawsuit for allegations concerning misconduct with an altar boy. It would be appear due to the contumacious refusal of the late Abbot Kelly to address these allegations, necessitated the referral of the complaint of sexual harassment to the Dicastery for Religious.
http://www.youtube.com/watch?v=Cd6lyYQwMXk
When these matters become public, entities such as SNAP, do not differentiate between the Diocese of Pittsburgh, and the juridical authority exercised by Archabbot Nowicki in his capacity as Ordinary of St Vincent Archabbey, when “manufacturing” vituperative comment with respect to the Church in their press releases.
Therefore, while recognising you have no jurisdiction over Archabbot Nowicki, nonetheless, for the good of the Diocese of Pittsburgh, and the EME Foundation that until the allegations have been resolved; all the Directors should insist Archabbot Nowicki stand down as a member of the Board of Directors of the EME Foundation.
Ultimately it’s a matter for your discretion whether you canonically prohibit Archabbot Nowicki from entering into the territory entrusted to your pastoral governance. Obviously, such determinations are to be made by in consultation with the attorney for the Diocese, your judicial vicar, and other canonical advisers.
Because the United States is such a vexatious and litigious society, even the slightest perceived connivance (that is how it will be portrayed), potentially opens the Diocese of Pittsburgh to a mendacious lawsuit or some other form of class action.
To enable the Diocese of Pittsburgh to have a more complete picture; please review carefully the enclosed affidavit, made in a private capacity by the District Attorney of Elk County, within the Commonwealth of Pennsylvania. Said affidavit outlines the complicity of Archabbot Nowicki with misconduct during his abbatial tenure at St Vincent Archabbey.
For the record: I am not a journalist, nor an attorney. I have no connection with any organisation such as SNAP, nor do I hope to obtain any pecuniary advantage from: St Vincent Archabbey in Latrobe, the Diocese of Pittsburgh or the Extra Mile Education Foundation in addressing these matters. Moreover, this e-mail should be seen in the light of creating a ‘safe environment for young people’ as articulated in the Dallas Charter by the United States Conference of Catholic Bishops in response to my own deeply held Catholic faith.
As this matter is so serious, I am coping this e-mail to the Safe Environment Coordinators listed on the USCCB website within the Roman Catholic Ecclesiastical Province of Philadelphia, and it will be for the discretion of each Coordinator and how to address the matter with the Diocesan Bishop.
Your Grace, if I can provide any further assistance or clarification on the aforesaid, please do not hesitate to get in contact with me via return of e-mail.
Sincerely yours in Christ,
James Carr
May 21, 2012
Subject: Extra Mile Foundation / Sexual Misconduct / Archabbot Nowicki
