D040 Amend Canon IV.13.13 to Provide for Notice of Dismissal
Resolved, the House of Bishops concurring,
That the 81st General Convention amend Canon IV.13.13 (Of Hearing Panels/Order of Dismissal) to read as follows:
<Amended text as it would appear if adopted and concurred. Scroll below the line of asterisks (******) to see the version showing all deleted and added text.>
Sec. 13. If the determination is to dismiss the matter, the Hearing Panel shall issue an Order which shall include the reasons for dismissal and which may contain findings exonerating the Respondent. A copy of the Order shall be provided to the Bishop Diocesan, the Respondent, the Respondent’s Advisor, the Complainant, the Complainant’s Advisor, and the Church Attorney, and a record copy of the Order shall be kept by transmitting a copy to The Archives of The Episcopal Church. A copy of the Order shall also be made available to the Church and the Church media in the same manner with which documents were initially made available to the Church and the Church media as set forth in Section 3 of this canon.
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<Proposed amended resolution text showing exact changes being made:
Sec. 13. If the determination is to dismiss the matter, the Hearing Panel shall issue an Order which shall include the reasons for dismissal and which may contain findings exonerating the Respondent. A copy of the Order shall be provided to the Bishop Diocesan, the Respondent, the Respondent’s Advisor, the Complainant, the Complainant’s Advisor, and the Church Attorney, and a record copy of the Order shall be kept by transmitting a copy to The Archives of The Episcopal Church. A copy of the Order shall also be made available to the Church and the Church media in the same manner with which documents were initially made available to the Church and the Church media as set forth in Section 3 of this canon.
Explanation
This amendment addresses matters once they have been referred to a Hearing Panel. Once a matter has been referred to the Hearing Panel, the charges against Respondent are made available to the Church and the Church media (Canon IV.13.3). Without this amendment, a dismissal may be posted on a diocesan website, but there is no requirement to make available to the Church and the Church media the news of a dismissal with the same exposure and in the same manner with which the charges were made available to the Church and the Church media in the first place. This amendment to the existing canon does not affect the substance of the canon but rather adds a missing part as a matter of justice, compassion, and opportunity to restore Respondent’s reputation, especially when false accusations have been made. This amendment also reflects the values associated with Title IV found in Canon IV.1 “by promoting healing, repentance, forgiveness, restitution, justice, amendment of life and reconciliation among all involved or affected.”
For example, in one Title IV matter, the Bishop Diocesan stated that they had followed the requirements of the canons. Once the matter was referred to the Hearing Panel, the alleged Offenses against Respondent were sent out to the entire diocese via diocesan e-news, and the recipients of the email were directed to the diocesan website where the alleged Offenses and other associated documents could be read in full. Once the Title IV matter was dismissed (with prejudice in this case), the dismissal was posted to the website only; no similar email was sent to the entire diocese via diocesan e-news that could have directed the email recipients to the diocesan website where the dismissal could be read in full. For many who knew of the alleged Offenses in their sexually explicit detail, Respondent’s dismissal with prejudice remains unknown.