Full Legislative History
Resolution Number: 2018-D091
Title: Study the Church's Use of Nondisclosure Agreements
Legislative Action Taken: Concurred as Amended
Final Text:

Resolved, 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; 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,

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.

Citation: General Convention, Journal of the General Convention of...The Episcopal Church, Austin, 2018 (New York: General Convention, 2018), pp. 1150-1151.