The Acts of Convention

House of Deputies

The House of Deputies Committee on Safeguarding and Title IV presented its Report #41 on Resolution A124 (Amend Canon IV.2 Terminology of Sexual Misconduct) and moved adoption with amendment.

Original Text of Resolution:

(A124)

Resolved, the House of Bishops concurring, That Canon IV.2 is hereby amended to read as follows:

CANON 2: Of Terminology Used in This Title

Except as otherwise expressly provided or unless the context otherwise requires, as used in this Title the following terms and phrases shall have the following meanings:

Sexual Misconduct shall mean (a) Sexual Abuse, or (b) Sexual Behavior engaged in by the Member of the Clergy with a person who does not consent to the Sexual Behavior, or by force, intimidation, coercion or manipulation, or (c) Sexual Behavior at the request of, acquiesced to or by a Member of the Clergy with an employee, volunteer, student or counselee of that Member of the Clergy or in the same congregation as the Member of the Clergy, or a person with whom the Member of the Clergy has a Pastoral Relationship. Sexual Misconduct under Subsection (c) does not include Sexual Behavior with a person with whom the Member of the Clergy previously had a Pastoral Relationship if the Member of the Clergy has obtained the prior written permission of the Bishop Diocesan.

Committee Amendment:

Resolved, the House of Bishops concurring, That Canon IV.2 is hereby amended to read as follows:

CANON 2: Of Terminology Used in This Title

Except as otherwise expressly provided or unless the context otherwise requires, as used in this Title the following terms and phrases shall have the following meanings:

Sexual Misconduct shall mean (a) Sexual Abuse, or (b) Sexual Behavior engaged in by the Member of the Clergy with a person for whom the Sexual Behavior is unwelcome or who does not consent to the Sexual Behavior, or by force, intimidation, coercion or manipulation, or (c) Sexual Behavior at the request of, acquiesced to or by a Member of the Clergy with an employee, volunteer, student or counselee of that Member of the Clergy or in the same congregation as the Member of the Clergy, or a person with whom the Member of the Clergy has a Pastoral Relationship. Sexual Misconduct under Subsection (c) does not include Sexual Behavior with a person with whom the Member of the Clergy previously had a Pastoral Relationship if the Member of the Clergy has obtained the prior written permission of the Bishop Diocesan.

And be it further

Resolved, That the Standing Commission on Structure, Governance, Constitution and Canons is directed to study Canon IV.2 to determine whether any amendment is necessary in order to clarify when a Pastoral Relationship exists or ends for purposes of a charge of Sexual Misconduct.

Motion carried

Resolution adopted with amendment

(Communicated to the House of Bishops in HD Message #329)