The Acts of Convention

House of Deputies

The House of Deputies Committee on Safeguarding and Title IV presented its Report #44 on Resolution D076 (Amend Canon IV.6, add Section 4 to Provide Whistleblower Protection) and moved adoption of a substitute.

Original Text of Resolution:

(D076)

Resolved, the House of Bishops concurring, That Canon IV.6.3 hereby be amended to read as follows:

IV. Canon 6: Of Intake and Referral of Information Concerning Offenses

Sec. 2. Information concerning Offenses may be submitted to the Intake Officer in any manner and in any form.

Sec. 3. Any person other than the Intake Officer who receives information regarding an Offense shall promptly forward the information to the Intake Officer. A Bishop Diocesan shall forward information to the Intake Officer whenever the Bishop Diocesan believes that the information may contain conduct constituting one or more Offenses.

Sec 4. If the information is brought to the Intake Officer by a Member of the Clergy under the requirements of IV.4.1(f), then the identity of the reporting Member of the Clergy shall be held in confidence by the Intake Officer, if so requested.

Subsequent sections are to be renumbered.

Committee Substitute:

Resolved, the House of Bishops concurring, That Canon IV.3.1 be amended to read as follows:

Sec. 1. A Member of the Clergy shall be subject to proceedings under this Title for:

(a) knowingly violating or attempting to violate, directly or through the acts of another person, the Constitution or Canons of the Church or of any Diocese;

(b) failing without good cause to cooperate with any investigation or proceeding conducted under authority of this Title; or

(c) intentionally and maliciously bringing a false accusation or knowingly providing false testimony or false evidence in any investigation or proceeding under this Title; or

(d) discharging, demoting, or otherwise retaliating against any person because the person has opposed any practices forbidden under this Title or because the person has reported information concerning an Offense, testified, or assisted in any proceeding under this Title.

And be it further

Resolved, That Canon IV.6.3.10 hereby be amended to read as follows:

IV. Canon 6: Of Intake and Referral of Information Concerning Offenses

Sec. 2. Information concerning Offenses may be submitted to the Intake Officer in any manner and in any form.

Sec. 3. Any person other than the Intake Officer who receives information regarding an Offense shall promptly forward the information to the Intake Officer. A Bishop Diocesan shall forward information to the Intake Officer whenever the Bishop Diocesan believes that the information may contain conduct constituting one or more Offenses.

Sec 4. If the information is brought to the Intake Officer by a Member of the Clergy under the requirements of IV.4.1(f), then the identity of the reporting Member of the Clergy shall be held in confidence by the Intake Officer, if so requested.

Subsequent sections are to be renumbered.

Sec. 10. All communications and deliberations during the intake and referral stages (including the identities of any Complainants, Injured Persons, or other persons who report information concerning an Offense) shall be confidential except as the Bishop Diocesan deems to be pastorally appropriate or as required by law.

Motion carried

Substitute resolution adopted

(Communicated to the House of Bishops in HD Message #344)

[Ed. Note: The subcommittee of the legislative committee on Constitution and Canons with authority to resolve issues with C&C resolutions ruled after investigation that the intention in amending resolution D076 was not to remove IV.6 Sec. 2 and Sec. 3 from the canons, but simply to remove them from the resolution. Sections IV.6.2-3 were kept in the 2018 Canons.]