A024 Limit on Confidential Settlement Agreements
Non-Disclosure agreements, or NDAs, have been used to create a legal ability to fail to report or disclose improper behavior. It is understandable that they are used, as they can limit the financial impacts on a diocese or congregation. They also can protect injured persons, creating confidentiality for the victim. But they also limit transparency and can create a cycle where inappropriate behavior is not addressed, but merely passed from one congregation to the next. This canon would create a study of the use of Non-Disclosure Agreements within the Church. It would not prohibit Non-Disclosure Agreements, but would allow for a interim body to study their use, report to Executive Council and then ask Executive Council to recommend amendments to our Canons regarding their use, as well as guidelines for their use.
Explanation
Non-Disclosure agreements, or NDAs, have been used to create a legal ability to fail to report or disclose improper behavior. It is understandable that they are used, as they can limit the financial impacts on a diocese or congregation. They also can protect injured persons, creating confidentiality for the victim. But they also limit transparency and can create a cycle where inappropriate behavior is not addressed, but merely passed from one congregation to the next. This canon would create a study of the use of Non-Disclosure Agreements within the Church. It would not prohibit Non-Disclosure Agreements, but would allow for a interim body to study their use, report to Executive Council and then ask Executive Council to recommend amendments to our Canons regarding their use, as well as guidelines for their use.