D025 Amend Canon IV.6 regarding Intake Officers
Resolved, the House of Bishops concurring,
That the 81st General Convention amends Canon IV.6 as follows:
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IV.6
Sec. 4. Upon receipt of such information, the Intake Officer may undertake such initial inquiry as they deem necessary to make a determination outlined in Sections 5 and 7 of this Canon, and shall incorporate the information into a written intake report, including as much specificity as possible. The Intake Officer shall provide copies of the intake report to the other members of the Reference Panel and to the Church Attorney.
Sec. 12. At least one church-wide Intake Officer shall be available for the receipt of any complaints either by a Complainant or by a matter being forwarded by a Bishop of the Church. Such an officer shall be entitled to fulfill, for any diocese, the duties as an Intake Officer in this Title.
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IV.6
Sec. 4. Upon receipt of such information, the Intake Officer may undertake such initial inquiry as he or she deems they deem necessary to make a determination outlined in Sections 5 and 7 of this Canon, and shall incorporate the information into a written intake report, including as much specificity as possible. The Intake Officer shall provide copies of the intake report to the other members of the Reference Panel and to the Church Attorney.
Sec. 12. At least one church-wide Intake Officer shall be available for the receipt of any complaints either by a Complainant or by a matter being forwarded by a Bishop of the Church. Such an officer shall be entitled to fulfill, for any diocese, the duties as an Intake Officer in this Title.
Explanation
There have been many excellent resolutions coming from Interim Bodies during the biennium addressing well-discussed structural issues with Title IV within our existing Canons, but more is needed to address some of the issues experienced with Intake Officers.
This resolution seeks to address two key issues related to the role of the Intake Officer which can cause confusion for both the Intake Officer and Complainants in the initial phase of the Title IV process. This resolution seeks to create canonically at least one church-wide Intake Officer who can serve as reference point for the initial Title IV process.
First, this resolution seeks to clarify that investigatory actions of the Intake Officer should be limited to making a determination “that the information, if true, would constitute an Offense” and is not meant to rise to the level of an investigation as laid out in Canon 11. It has been observed that this “initial inquiry” often goes beyond its Canonical scope, and this amendment seeks to provide more clarity to intake officers on the limited scope of that inquiry.
Second, this resolution seeks to require at least one church-wide intake officer be available for receipt of any complaints. This could come directly from a Complainant, or by referral of the matter by a Bishop. It may be simpler at times for someone to make a complaint to a central intake officer who, presumably, is not a part of the Diocese in question. Some complainants have expressed reservations about bringing complaints to Intake Officers in a Diocese who may have personal knowledge of the Respondent and complainants may feel more comfortable with, and have greater confidence in, an initial intake report being handled by a well-trained individual who likely has minimal personal knowledge of anyone involved in the case.
Similarly, there may be times where a Bishop may wish for a third-party outside the Diocese to handle the initial intake report because of a concern of a conflict of interest, the possible appearance of impropriety or a conflict of interest, or a lack of resources in the Diocese to address such a complaint. Such a role made optionally available in the Church would provide greater options to both injured parties and Bishops in ensuring this critical part of the Title IV process is handled professionally, and without any appearance of impropriety.
If the church-wide Intake Officer refers a matter to the Reference Panel, the matter would then proceed to a reference panel as currently outlined in Title IV.