The Acts of Convention
| Resolution Number: | 2015-A129 | |
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| Title: | Amend Canons IV.6.5-6 [Of Intake and Referral of Information] and IV.19.10 [Of General Provisions] | |
| Legislative Action Taken: | Concurred as Amended | |
| Final Text: | ||
Resolved, That Canons IV.6.5 and IV.6.6 be amended to read as follows:
Sec. 5. If the Intake Officer determines that the information, if true,
would not constitute an Offense, the Intake Officer shall inform the Bishop
Diocesan of an intention to dismiss the matter. If the Bishop Diocesan does not
object, the Intake Officer shall dismiss the matter. The Intake Officer shall
provide written notice to the Complainant, the subject Member of the
Clergy, and the Bishop Diocesan of the decision of dismissal, the reasons
therefor, and the Complainant’s right to appeal the decision within thirty days
of the date of the notice and shall send a copy of that notice and the written
intake report to the president of the Disciplinary Board. If the Complainant
wishes to appeal the dismissal, the Intake Officer shall assist the
Complainant in preparing and signing a written statement of the acts complained
of, which statement shall be sent by the Intake Officer to the president of the
Disciplinary Board, along with a statement that the Complainant appeals the
dismissal. the Bishop shall appoint an Advisor for the Complainant
within 15 days of the date of the notice of dismissal. The Advisor shall assist
the Complainant in preparing and signing a written statement of the acts
complained of, which statement shall be sent by the Advisor to the president of
the Disciplinary Board, along with a statement that the Complainant appeals the
dismissal. The intake report and any related information, in the case of a
dismissal, shall be retained by the Intake Officer and may be considered in
connection with any additional information that may come to the Intake Officer
thereafter concerning the subject Member of the Clergy.
Sec. 6. In the event of an appeal of a dismissal, the president of the Disciplinary Board shall, within thirty days of the receipt of the appeal, review the intake report and either affirm or overrule the dismissal. The president shall promptly notify the Complainant and the Complainant’s Advisor, the subject Member of the Clergy and the subject Member’s Advisor, if any, the Intake Officer, and the Bishop Diocesan of the decision. If the decision is to overrule the dismissal, the president shall refer the intake report to the Reference Panel within 15 days.; and be it further
Resolved, That Canon IV.19.10(b) be amended to read as follows:
(b) The Bishop Diocesan shall make an Advisor available to the
Complainant not later than the earliest of (1) the forwarding of the intake
report to the Reference Panel, (2) the Complainant's appeal
of15 days after the Complainant receiving word of a dismissal
under Canon IV.6.5, (3) the Respondent or Bishop Diocesan proposing terms of
discipline to the other under Canon IV.9, or (4) the Bishop's designation of an
Injured Person as a Complainant.
| Citation: | General Convention, Journal of the General Convention of...The Episcopal Church, Salt Lake City, 2015 (New York: General Convention, 2015), p. 818. |
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