D040 Amend Canons IV.13.4, IV 13.11.e, IV.13.13, and IV.14.6 [Document Dissemination, Appeal of Sanction, Of Hearing Panels, Order of Dismissal]

Resolved, the House of Deputies concurring,

That the 80th General Convention amend Canon IV.13.4 to read as follows:

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Sec. 4. If at any time after a matter has been referred to a Hearing Panel an Accord or Order of Dismissal endorsed by the Bishop Diocesan is reached that ends the proceedings before the Hearing Panel issues an Order, the Bishop Diocesan shall make the Notice of Accord or Order of Dismissal available to the Church and Church media as provided in Sec. 3 as well as to the Hearing Panel.

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Sec. 4. If at any time after a matter has been referred to a Hearing Panel an Accord or Order of Dismissal endorsed by the Bishop Diocesan is reached that ends the proceedings before the Hearing Panel issues an Order, the Bishop Diocesan shall make the Notice of Accord or Order of Dismissal available to the Church and Church media as provided in Sec. 3 as well as to the Hearing Panel.

And be it further

 

Resolved, That Canon IV.13.11.e be amended to read as follows:

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 e. If an Accord is reached or the matter is dismissed that ends the proceedings before the Disciplinary Board issues an Order other than an Order of Dismissal under this Section, the Bishop Diocesan shall make the Notice of Accord or Order of Dismissal available to the Church and Church media as provided in Sec. 3 as well as to the Disciplinary Board and the Hearing Panel.

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e. If an Accord is reached or the matter is dismissed that ends the proceedings before the Disciplinary Board issues an Order other than an Order of Dismissal under this Section, the Bishop Diocesan shall make the Notice of Accord or Order of Dismissal available to the Church and Church media as provided in Sec. 3 as well as to the Disciplinary Board and the Hearing Panel.

And be it further

 

Resolved, That Canon IV.13.13 be amended to read as follows: 

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 Section 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 contains 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 public as set forth in Sec. 3.

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Section 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 contains 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 public as set forth in Sec. 3.

And be it further

 

Resolved, That IV.13.14 be removed in its entirety.

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Sec. 14. [removed]

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Sec. 14. If the resolution is the issuance of an Order other than an Order of dismissal, the provisions of Canon IV.14 shall apply.

And be it further

Resolved, That Canon IV.14.6 be amended to read as follows: 

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Sec. 6. An Order issued by a Conference Panel or Hearing Panel may (a) provide any terms which promote healing, repentance, forgiveness, restitution, justice, amendment of life and reconciliation among the Complainant, Respondent, affected Community and other persons; (b) place restrictions on the Respondent's exercise of ministry; (c) recommend to the Bishop Diocesan that the Respondent be admonished, suspended or deposed from ministry; (d) limit the involvement, attendance or participation of the Respondent in the Community; or (e) dismiss the matter; or (f) any combination of the foregoing. An Order providing for suspension from Ministry shall specify on what terms or conditions and at what time the suspension shall cease. Any Order providing for limitation upon the involvement, attendance or participation of the Respondent in the Community shall also provide conditions for restoration. Any Order dismissing the matter shall provide the reasons for dismissal and a statement exonerating the Respondent and shall be made available to members of the Church and the Church media in the same manner with which documents were initially made available to the public as set forth in Canon IV.13.3.

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Sec. 6. An Order issued by a Conference Panel or Hearing Panel may (a) provide any terms which promote healing, repentance, forgiveness, restitution, justice, amendment of life and reconciliation among the Complainant, Respondent, affected Community and other persons; (b) place restrictions on the Respondent's exercise of ministry; (c) recommend to the Bishop Diocesan that the Respondent be admonished, suspended or deposed from ministry; (d) limit the involvement, attendance or participation of the Respondent in the Community; or (e) dismiss the matter; or (f) any combination of the foregoing. An Order providing for suspension from Ministry shall specify on what terms or conditions and at what time the suspension shall cease. Any Order providing for limitation upon the involvement, attendance or participation of the Respondent in the Community shall also provide conditions for restoration. Any Order dismissing the matter shall provide the reasons for dismissal and a statement exonerating the Respondent and shall be made available to members of the Church and the Church media in the same manner with which documents were initially made available to the public as set forth in Canon IV.13.3.