A052 Amend Canon IV.2, Canon IV.4.1.d, and Canon IV.8 to add Restorative Covenant as a possible outcome of Conciliation
Resolved, the House of Bishops concurring,
That the 81st General Convention amend Canon IV.2 to read as follows.
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Canon IV.2 (following definition of Respondent):
Restorative Covenant shall mean an agreement between one or more Complainants and a Respondent that results from a Conciliation under Canon IV.10.3, that resolves some or all of the issues in a matter pending under this Title, and to which the Reference Panel has consented.
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Canon IV.2 be amended to add the following, in appropriate alphabetical order:
Restorative Covenant shall mean an agreement between one or more Complainants and a Respondent that results from a Conciliation under Canon IV.10.3, that resolves some or all of the issues in a matter pending under this Title, and to which the Reference Panel has consented.
And be it further
Resolved, That the 81st General Convention amend Canon IV.4.1.d to read as follows:
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Canon IV.4.1.d:
d. abide by the requirements of any applicable Accord or Order; any applicable Pastoral Direction, restriction on ministry, or placement on Administrative Leave issued under Canon IV.7; or Restorative Covenant entered into under Canon IV.10.3;
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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; or Restorative Covenant entered into under Canon IV.10.3;
And be it further.
Resolved, That the 81st General Convention amend Canon IV.10.3 to read as follows:
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Canon IV.10.3 be amended as follows:
Sec. 3. A conciliation may result in an Accord as provided in Canon IV.14 or a Restorative Covenant as defined in Canon II.2. Within a reasonable time after commencement of a conciliation, the Conciliator shall report the results of the conciliation to the Reference Panel, which shall refer the matter under Canon IV.6.8 as appropriate. If the conciliation results in a Restorative Covenant that, in the Reference Panel’s judgment, resolves all of the issues in a pending matter, the Reference Panel shall dismiss the matter.
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Canon IV.10.3 be amended as follows:
If the A conciliation may result in is successful in reaching agreement among the parties on a suitable resolution of all issues, an Accord will be prepared as provided in Canon IV.14 or a Restorative Covenant as defined in Canon II.2. If conciliation cannot be achieved within Within a reasonable time after commencement of a conciliation, the Conciliator shall report the results of the conciliation to the Reference Panel, which shall refer the matter under Canon IV.6.8 as appropriate. , the Conciliator will report such to the Bishop Diocesan, and the matter will be referred back to the Reference Panel. If the conciliation results in a Restorative Covenant that, in the Reference Panel’s judgment, resolves all of the issues in a pending matter, the Reference Panel shall dismiss the matter.
Explanation
Canon I of Title IV sets ambitious and worthy aspirations for the Church’s process for Ecclesiastical Discipline. Experience has demonstrated that appointment of a Conciliator – defined in Canon IV.10.4 as “a person skilled in dispute resolution techniques and without conflict of interest in the matter” – can be an effective avenue for reaching the aspirations of the Title, particularly if utilized early in the discipline process. The current text of Canon IV.10, Of Conciliation, suggests that a conciliation is successful only if an Accord is reached. This amendment expands the understanding of a successful conciliation to include one that results in resolution of all or some of the issues in a matter by way of a “Restorative Covenant” between the Complainant(s) and the Respondent, to which the Reference Panel must consent, and the later violation of which would constitute an Offense. Hopefully, this amendment would expand the opportunity for resolutions that promote “healing, repentance, forgiveness, restitution, justice, amendment of life and reconciliation.”