Explanation

Canon IV.6.8 provides a sequence of referral options following a Reference Panel's receipt of an intake report, which can include referral to Conciliation or a to Conference Panel but not directly to a Hearing Panel. It has the same options (a) if the matter is not progressing (IV.6.9) or (b) following a failed referral to the Bishop for a possible Accord (IV.6.10). Following an Investigation, a Reference Panel has the added option of referring directly to a Hearing Panel (IV.11.3). If the informal Conference Panel can't reach an Accord, it can itself refer to Conciliation or to a Hearing Panel (IV.12.9), or if it issues an Order that is rejected, the President of the Disciplinary Board is required to refer the matter to a Hearing Panel (IV.12.12). There are currently no clear options for a Reference Panel following a failed Conciliation - other than under IV.6.8 for lack of progress.

This proposal clarifies that if Conciliation — a more structured and formal process than the Conference Panel — cannot resolve the issues between the parties, the Reference Panel in its judgment may also, among other options, refer the matter directly to a Hearing Panel without needing to first resort to a Conference Panel step that (a) may already have taken place and (b) may be unlikely to yield any greater likelihood of a voluntary agreement.