The Acts of Convention

House of Deputies

The House of Deputies Committee on Safeguarding and Title IV presented its Report #45 on Resolution D091 (Ending the Silence) and moved adoption with amendment.

Original Text of Resolution:

(D091)

Resolved, the House of Bishops concurring, That the 79th General Convention, recognize and choose to confront the silence which allows systems of inequity and violence to exist in the Church by affirming that requiring non-disclosure and/or other confidentiality provisions in outcomes resulting from Title IV actions in the church can cause victims a second wounding, which is not in accordance with the teaching of the church, or the loving, liberating Gospel of Jesus Christ; and be it further

Resolved, That this convention acknowledge such provisions in civil accords regarding abuse of any kind can have a likewise wounding effect on victims, to the same end; and be it further

Resolved, That this convention urge each of the several dioceses to adopt policies with regards to Title IV outcomes and civil litigation that encourage utmost restraint and discretion nondisclosure and/or confidentiality provisions, disparagement clauses, or any other legal actions or constraint ensuring that such provisions do not prohibit a victim from telling their story publicly should they so choose, to begin the process of restoring the dignity of life; and be it further

Resolved, That each diocese is encouraged to develop a harm-reduction process for those who have already been silenced by nondisclosure and/or confidentiality provisions, disparagement clauses, or any other legal action or constraint, working to ensure that all who have been previously silenced are protected as they move forward; and be it further

Resolved, That the Standing Commission on Everything That Isn’t Liturgy be directed to study this issue, and discover the frequency, and nature of the use of these confidentiality provisions, and make recommendations for their appropriately pastoral use, and report to the 80th General Convention.

Committee Amendment:

Resolved, the House of Bishops concurring, That the 79th General Convention recognizes the use and presence of nondisclosure agreements, confidentiality provisions, and other contractual agreements between parties as legal and binding resolutions to civil matters within the general Church, ,

recognize and choose to confront the silence which allows systems of inequity and violence to exist in the Church by affirming that requiring non-disclosure and/or other confidentiality provisions in outcomes resulting from Title IV actions in the church can cause victims a second wounding, which is not in accordance with the teaching of the church, or the loving, liberating Gospel of Jesus Christ; and be it further

Resolved, That this convention acknowledge such legal agreements are useful apparatuses for resolutions of actions, including but not limited to actions initiated through the procedures in Title IV. However, they may also prevent evidence of patterns of predatory behavior from being known by applicable church individuals and bodies, from ensuring that Complainants and Injured Persons have appropriate opportunities for healing, and that unduly burden those harmed by Sexual Misconduct; and be it further,provisions in civil accords regarding abuse of any kind can have a likewise wounding effect on victims, to the same end; and be it further

Resolved, That the Convention directs the Standing Commission on Structure, Governance, Constitution and Canons to study the use of nondisclosure agreements, confidentiality provisions, and other contractual agreements between parties used to resolve civil matters, including matters begun through Title IV proceedings; to discover the frequency of use of these documents to resolve civil and Title IV matters of Sexual Misconduct in the Church; the general nature of these documents and provisions; the impact of these documents on Complainants, Injured Persons, and victims of Sexual Misconduct as well as the impact on Respondents, especially as these agreements impede or obstruct the process of restoration, healing, and reconciliation, to which we are called as the Body of Christ; and be it further

Resolved, that this report be utilized by the Standing Commission to recommend any appropriate amendments to Title IV to the 80th General Convention and to develop guidelines for dioceses and chancellors for use of nondisclosure agreements, confidentiality provisions, and other contractual agreements between parties documents to be distributed no later than December 31, 2020.

Resolved, That this convention urge each of the several dioceses to adopt policies with regards to Title IV outcomes and civil litigation that encourage utmost restraint and discretion nondisclosure and/or confidentiality provisions, disparagement clauses, or any other legal actions or constraint ensuring that such provisions do not prohibit a victim from telling their story publicly should they so choose, to begin the process of restoring the dignity of life; and be it further

Resolved, That each diocese is encouraged to develop a harm-reduction process for those who have already been silenced by nondisclosure and/or confidentiality provisions, disparagement clauses, or any other legal action or constraint, working to ensure that all who have been previously silenced are protected as they move forward; and be it further

Resolved, That the Standing Commission on Everything That Isn’t Liturgy be directed to study this issue, and discover the frequency, and nature of the use of these confidentiality provisions, and make recommendations for their appropriately pastoral use, and report to the 80th General Convention.

Motion carried

Resolution adopted with amendment

(Communicated to the House of Bishops in HD Message #369)