understanding title iv an overview for clergy in...
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UNDERSTANDING TITLE IV An Overview for Clergy
In Southern Virginia May 8, 2012
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Provide overview of Title IV
Examine the themes behind Title IV
Work through the substantive behavioral requirements
Work through the process
Look at some hypotheticals
What we will NOT do
Get into minutiae
Not exhaustive
Still learning
Resource
Not defend Title IV
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By virtue of Baptism, all members of the Church are
called to holiness of life and accountability to one
another. The Church and each Diocese shall support
their members in their life in Christ and seek to resolve
conflicts by promoting healing, repentance,
forgiveness, restitution, justice, amendment of life and
reconciliation among all involved or affected. This
Title applies to Members of the Clergy, who have by
their vows at ordination accepted additional
responsibilities and accountabilities for doctrine,
discipline, worship and obedience.
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Less adversarial – defuse the adversarial process
Reflect correct theology
Flexibility of outcomes to promote healing
Allow early story telling
Options for constructive resolutions
More efficient
Promote pastoral care for all
General clergy wellness
Deal with both problematic behavior and actual
infractions
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Changes disciplinary structure from rigid “judicial”
model to “professional” model
Reflects how professional disciplinary systems
work
An ecclesiastical process, not a legal process
Designed as a series of conversations – a
discernment process
Move from punishment/win-lose model to model
promoting healing, repentance, forgiveness,
restitution, justice, amendment of life, and
reconciliation.
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Presumption of Innocence: IV.19.16 Sec. 16. There shall be a presumption that the Respondent did not commit the Offense. The standard of proof required for a Hearing Panel to find an Offense by a Respondent shall be that of clear and convincing evidence.
Right to Counsel: IV.19.12 Sect. 12. In all proceedings under this Title whenever a Respondent or a Complainant is required or permitted to appear or to participate or to be heard or to be present, they each shall have the right to be accompanied by and to be represented by counsel of their choice.
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Canons IV.3 and 4
Phrased as more detailed standards of conduct
Includes accountability provisions, e.g., failing to
cooperate in any Title IV investigation
Must be “material and substantial or of clear and
weighty importance to the ministry of the Church”
IV.3.3
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CANON 3: Of Accountability
Sec. 1. A Member of the Clergy shall be subject to proceedings under this Title for:
(a) knowingly violating or attempting to violate, directly or through the acts of another person, the Constitution or Canons of the Church or of any Diocese;
(b) failing without good cause to cooperate with any investigation or proceeding conducted under authority of this Title; or
(c) intentionally and maliciously bringing a false accusation or knowingly providing false testimony or false evidence in any investigation or proceeding under this Title.
Sec. 2. A Member of the Clergy shall be accountable for any breach of the Standards of Conduct set forth in Canon IV.4.
Sec. 3. In order for any conduct or condition to be the subject of the provisions of this Title, the Offense complained of must violate applicable provisions of Canon IV.3 or IV.4 and must be material and substantial or of clear and weighty importance to the ministry of the Church.
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CANON 4: Of Standards of Conduct
Sec. 1. In exercising his or her ministry, a Member of the Clergy
shall: (a) respect and preserve confidences of others except that pastoral,
legal or moral obligations of ministry may require disclosure of
those confidences other than Privileged Communications;
(b) conform to the Rubrics of the Book of Common Prayer;
(c) abide by the promises and vows made when ordained;
(d) abide by the requirements of any applicable Accord or Order, or any
applicable Pastoral Direction, restriction on ministry, or placement on
Administrative Leave issued under Canon IV.7;
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(e) safeguard the property and funds of the Church and
Community;
(f) report to the Intake Officer all matters which may
constitute an Offense as defined in Canon IV.2 meeting
the standards of Canon IV.3.3, except for matters
disclosed to the Member of Clergy as confessor within the
Rite of Reconciliation of a Penitent;
(g) exercise his or her ministry in accordance with applicable
provisions of the Constitution and Canons of the Church and
of the Diocese, ecclesiastical licensure or commission and
Community rule or bylaws;
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(h) refrain from: (1) any act of Sexual Misconduct;
(2) holding and teaching publicly or privately, and advisedly, any Doctrine contrary to that held by the Church;
(3) engaging in any secular employment, calling or business without the consent of the Bishop of the Diocese in which the Member of the Clergy is canonically resident;
(4) being absent from the Diocese in which the Member of the Clergy is canonically resident, except as provided in Canon III.9.3(e) for more than two years without the consent of the Bishop Diocesan;
(5) any criminal act that reflects adversely on the Member of the Clergy's honesty, trustworthiness or fitness as a minister of the Church;
(6) conduct involving dishonesty, fraud, deceit or misrepresentation; or
(7) habitual neglect of the exercise of the ministerial office without cause; or habitual neglect of public worship, and of the Holy Communion, according to the order and use of the Church; and
(8) any Conduct Unbecoming a Member of the Clergy
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Standards of conduct REQUIRE
Cooperation: IV.3.1(b)
Self-reporting: IV.4.1(f)
No different than disciplinary process for other
professions
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Two most common:
Sexual misconduct
Discretionary Fund abuses
Range from inappropriate to fraud/stealing
Distant third: Breaches of confidentiality
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Equivalent of “temporary inhibition”
Stated in writing with specifics
“Neither capricious nor arbitrary”
Not contrary to Constitution and Canons of the General
Convention or the Diocese
Administrative Leave: “that the good order, welfare, or
safety of the Church or any person or Community may be
threatened by that member of the Clergy”
Prompt hearing – within 15 days.
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Title IV: Effective July 1, 2011
Applicable to all dioceses
Some points left for diocesan decision
Canon 22
Players changed as of July 1, 2011
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Bishop
Disciplinary Board, including Reference, Hearing,
and Conference Panels (IV.5.1)
Intake Officer (IV.2): Bishop appoints, with DB
consent
Reference Panel (IV.6, IV.11)
Conference Panel (IV.2, IV.12)
Hearing Panel (IV.2, IV.13)
Pastoral Care Coordinator (IV.8, 22.2(i)): Bishop
appoints
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Investigator (IV.2; 22.2(g)): Bishop appoints,
consults DB Pres.
Church Attorney (IV.2): Bishop appoints; EB
consent; the “prosecutor”
Advisors (IV.19.10): Bishop appoints
Conciliator (IV.10): Bishop appoints
Complainant and Respondent (VI.2)
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9 members (22.2(a)) –
5 Clergy, 4 Lay
Clergy: Canonically and geographically resident
Lay: adult communicants in good standing;
geographically resident
President chosen by DB from members (22.2(e))
Not allowed to serve on DB:
Bishop, Members of Standing Committee,
Chancellor, Vice Chancellor, Advisor,
Conciliator, Church Attorney, Intake Officer,
or Investigator
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Disciplinary Board
Members of DB may
become members of 3
groups
• Reference Panel
• Intake Officer
• Bishop
• President of DB
• Conference Panel
• 1 or more members of
DB - selected by DB
President
• Recommend 3 members
• Always 1 more Clergy
member than Lay
members
• Hearing Panel
• 3 or more members of
DB
• Always 1 more Clergy
member than Lay
members
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Selection of players (22.2(a)-(m))
How vacancies on DB are to be filled – Bishop w/
consent of EB (22.2(c))
Challenges to sitting members of a panel (22.2(d);
IV.19.15, .16)
Three-year staggered terms (22.2(b))
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EVENT OR ACT
INTAKE OFFICER
REFERENCE PANEL
BISHOP AS PASTOR
PASTORAL RESPONSE
BISHOP (c)
CONCILIATION (b)
INVESTIGATION (d)
PASTORAL RESPONSE ONLY
(a)
NO OFFENSE
ACCORD
AGREEMENT FOR DISCIPLINE
BACK TO REFERENCE PANEL
TAKE NO ACTION (appealable)
(a), (b), (c), (d) or CONFERENCE PANEL
REFERENCE PANEL
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CONFERENCE PANEL
(INFORMAL)
ACCORD (AGREEMENT)
ORDER (incl Dismissal)
(DECISION)
REJECTED / APPEALED
ACCEPTED
TO BISHOP FOR SENTENCE
TO BISHOP TO IMPLEMENT
HEARING PANEL
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–
HEARING PANEL (FORMAL
PROCEEDING) ORDER
(incl Dismissal)
APPEAL
TO BISHOP FOR SENTENCE
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PROVINCIAL REVIEW PANEL
REVERSE
REVERSE IN PART
AFFIRM HEARING PANEL
TO BISHOP FOR SENTENCE
ORDER NEW HEARING HEARING PANEL
ORDER
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IV.6.10 – All communications and deliberations during the
intake and referral stages shall be confidential except
as the Bishop Diocesan deems to be pastorally
appropriate or as required by law.
IV.12.18 – Conference Panel proceedings are confidential except
when provided elsewhere in Title IV.
IV.13.4 – Hearing Panel (trial) – public proceeding
IV.19.26 – General confidentiality provision
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May be more than one
Initial point of contact of information concerning
Offenses
One of three members of Reference Panel
Selected by Bishop with consent of Disciplinary
Board (IV.2)
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Makes initial investigation
Prepares Intake Report
Makes initial determination whether information, if
true, may constitute an Offense
If IO wants to dismiss, Bishop may object
If no objection, IO notifies Complainant of
dismissal and right to appeal within 30 days to
President
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Assists Complainant in appeal of dismissal
(President acts within 30 days of receipt to affirm or
overrule the dismissal) (IV.6.5)
If IO determines information (if true) would
constitute an Offense, intake report is forwarded to
Reference Panel and Church Attorney
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Elected by DB
Rules on appeal of IO dismissal
Member of Reference Panel
Appoints members of DB as members of
Conference Panel and Hearing Panel
Appoints president of each Panel
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Intake Officer, Bishop & Pres, DB
On basis of intake report decides
No action beyond pastoral response
Refer to conciliation
Refer for further investigation (see below)
Refer to Bishop for possible discipline agreement
President rules on appeals of dismissals
If further investigation, then back to Reference Panel (IV.11.3)
Appropriate Pastoral response
Refer to Bishop for discipline agreement (IV.9)
Refer to conciliation (per IV.12)
Further investigation
Refer to Conference Panel
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Not entitled to know until Conference Panel
sends notice of conducting conference. IV.12.3
Allows Bishop and his/her team to do its pastoral
work called for in the first 11 Canons of Title IV.
As a practical matter, Clergy will probably learn
earlier of any matter.
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1. A person claiming to be a parishioner in a SoVa Parish complains that the Rector refuses to include the Nicene Creed in services because he does not view the contents to express his beliefs.
2. A Senior Warden complains that the Rector will give a detailed accounting of the discretionary fund only to the person who audits the parish financials and not to the Vestry.
3. A Senior Warden calls with stories that the Rector has been noticeably angry on several occasions in public situations and vestry meetings.
4. The trustee of a Parish calls to complain that the Rector refused to officiate at his granddaughter’s wedding.
5. The Senior Warden reports that, on a few Parish occasions, the Rector has been “noticeably impaired” in speech and movement. Rumors are beginning to spread, and the Warden needs direction.
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Bishop Tries T.B. Good received a call from a Warden of the Church of St. Swithin’s of the Swamp to inform him that the Warden had received a call from a friend who had seen Rector Likes ToLook in Spanky’s, a local dive known for exotic dancing. He also related that the Treasurer indicated that there had been a few charges made on the church credit card for a restaurant bearing the same address as Spanky’s, but using a different name. The expenses totaled about $100.
The Warden further reported that she called an emergency Vestry meeting without the Rector. It was learned at the meeting that several Vestry members had heard murmurings about the Rector being seen in Spanky’s, and, moreover, one admitted having seen the Rector there on a prior occasion, but had chosen not to mention it, believing it to be a personal matter. After a discussion, the majority of the Vestry voted to explore ways to take steps to remove the Rector.
(Please note: At the time Bishop Good received the call, he had received previous reports from his staff that the Vestry had been upset with Rev. Likes ToLook because of his inflexibility with worship, insisting that Sunday services always use Rite I instead of Rite II.)
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Gordon B. Tayloe, Jr.
KELLAM PICKRELL COX & TAYLOE
757-627-8365
Samuel J. Webster
WILLCOX & SAVAGE, P.C.
757-628-5518