A141 Amend Canon IV.6.9 - Monthly Reports
Resolved, the House of ________________ concurring,
That the 81st General Convention amend Canon IV.6.9 to read as follows:
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Sec. 9. The Reference Panel must monitor the progress of each referral on a monthly basis to ensure that the matter is progressing in a timely fashion. Until such time as the matter is referred to a Hearing Panel, if the Reference Panel determines that the matter has reached an impasse or is not progressing in a timely fashion, it may re-refer the matter. Once a matter is referred to a Hearing Panel, Canon IV.15.1 will govern any issue regarding the progress of the matter. The Intake Officer shall report at least monthly to the Respondent, the Respondent’s Advisor, the Respondent’s Counsel, if any, the Complainant, the Complainant’s Advisor and the Complainant’s Counsel, if any, on the progress in the matter. Should the Intake Officer not report at least monthly, the Respondent or the Complainant may petition the President of the Disciplinary Board who shall provide a report not later than 15 days from the date of the petition.
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Sec. 9. The Reference Panel shall must monitor the progress of each referral on a monthly basis to ensure that the matter is progressing in a timely fashion. Until such time as the matter is referred to a Hearing Panel, if the Reference Panel determines that the matter has reached an impasse or is not progressing in a timely fashion, it may re-refer the matter. Once a matter is referred to a Hearing Panel, Canon IV.15.1 shall will govern any issue regarding the progress of the matter. The Intake Officer shall report at least monthly to the Respondent, the Respondent’s Advisor, the Respondent’s Counsel, if any, the Complainant, the Complainant’s Advisor and the Complainant’s Counsel, if any, on the progress in the matter. Should the Intake Officer not report at least monthly, the Respondent or the Complainant may petition the President of the Disciplinary Board who must provide a report not later than 15 days from the date of the petition.
Explanation
A hallmark of the Title IV process is an appropriate pastoral response for all involved, and the key to good pastoral care is clear communication. When communication breaks down, it is often the case that both the Complainant and the Respondent feel isolated and become fearful to follow up. This amendment makes clear the remedy both parties have should communication breakdown. The appeal is lodged with the President of the Disciplinary Board to allow for cases in which the Bishop is the Complainant.