1. TitLE IV Overview

2. Title IV, Canon 1:
By virtue of our Baptismal Covenant, 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, repentence, forgiveness, restitution, justice, amendment of life and reconciliation among all involved or affected
This Title of accountability and ecclesiastical discipline applies to Members of the Clergy, who have by their vows at ordination accepted additional responsibilities and accountabilities for doctrine, discipline, worship and obedience

3. People Involved Complainant (May or may not be injured person)
Respondent
Advisors appointed for Complainant/Respondent
Witnesses from the community
Bishop
Intake Officer
Church Attorney
Investigator
Disciplinary Board President and members
Provincial Court of Review

4. What are we talking about
A Member of the Clergy is accountable for any “material”
Knowing violation of C & C of Diocese or Church
Failing without good cause to cooperate in any proceeding under Title IV
Intentionally or maliciously bringing false accusation or evidence in any Title IV proceeding
Breach of the Standards of Conduct of Canon 4.

5. Standards of Conduct – clergy must
Preserve confidences except as disclosure required by moral or pastoral requirements or state law
Conform to the Rubrics of the BCP
Abide by ordination promises and vows
Abide by requirements of Accord or Order, Pastoral Direction, Restriction on Ministry or placement on Administrative Leave
Safeguard property and funds of the Church
Report all matters which may constitute a material Offense, except as disclosed through Rite of Reconciliation of a Penitent
Exercise his or her ministry in accordance with C & C of the Church and Diocese, ecclesiastical licensure or commission, and Community rules or bylaws.

6. Standards of Conduct – clergy must not
Sexual Misconduct
Sexual Abuse or Sexual Behavior with: (a) employee, volunteer, student or counselee
( b ) in the same congregation, ( c ) with whom Clergy person has a Pastoral Relationship
Holding or teaching contrary doctrine
Secular employment without consent of Bishop
Two year absence from Diocese without consent of Bishop
Conduct Unbecoming a Member of the Clergy
To be actionable, the conduct complained of must be material and substantial or of clear and weighty importance to the ministry of the Church

7. Intake Officer
Consider whether or not information, taken as true, constitutes an Offense
It it does not, or is “immaterial” and Bishop agrees, issue dismissal. Complainant may appeal dismissal to President of DB
Consult Bishop for Pastoral Response and appointment of Advisors
Consult Bishop concerning interim responses:
Pastoral Direction
Administrative Leave or Restriction on Ministry
Possible Agreement for Discipline

8. Reference Panel – Bishop, Intake Officer, President of the Disciplinary Board
Conference to consider Intake Report
Consider alleged misconduct and materiality
OPTIONS: Dismiss, refer for further investigation, refer to conciliation, refer to Bishop for pastoral handling or Agreement for Discipline, or refer to Conference Panel (with Church Attorney to prepare written statement and notice)
Decisions by majority vote of Panel

9. Conference Panel – Members of the Disciplinary Board
Conference is convened and guided by President of the Conference Panel
Informal and conversational, no record kept
No sworn testimony or cross examination
Stories told, clarifying questions allowed
Illuminate versions of what happened
Focus on trying to agree on what should happen, guided by Title IV values

10. Conference Panel (continued)
President may call for separate caucuses
Similar to mediation process
If agreement reached, prepare Accord
If no agreement, confer and prepare an Order
Options for Accord or Order: dismissal (with reasons), referral to Conciliation, referral to Hearing Panel, issue an Order (Canon IV.14)
Respondent or Church Attorney may refuse an Order, becomes an appeal to Hearing Panel

11. Hearing Panel
Trial-like: public proceeding, sworn testimony and cross-examination, orally or as approved by Panel (e.g., video or transcript of deposition)
President regulates proceeding to promote full disclosure of facts and to preserve the integrity of the hearing
Open to public unless closed to protect vulnerable witness
Respondent and Complainant and Advisors are entitled to be present throughout hearing
Panel is sole arbiter of weight, credibility and reliability of testimony and other evidence
On the record

12. Hearing Panel - continued
Privately confer after closing hearing
Options:
Dismiss (must give reasons and may include exoneration)
Issue an Order other than Dismissal, which goes to the Bishop for further action
Can be appealed to the Provincial Court of Review