Canon B-3: SEXUAL MISCONDUCT AND THE DIOCESAN RESPONSE GROUP

definitions:

Child: in this canon means a person of the age of 16 years or younger.

Disability: where used in respect of a person means that the person is mentally incompetent or incapable of managing their affairs, whether or not so declared by a court.

Sexist: the judging of people in terms of their sex where sex is not relevant.

Sexual misconduct: includes, but is not limited to:

a) any advances of a sexual nature made by a person under the jurisdiction of this canon within a ministerial relationship;

b) an expressed or clearly implied promise of reward or reprisal for complying or failing to comply with a sexually-oriented request;

c) sexually-oriented behaviour and/or remarks, including sexist remarks, which might reasonably be perceived to create an offensive or hostile atmosphere for worship, ministry, work, counselling, or other church activities.

initial jurisdiction:

1. Where it has been alleged that behaviour has occurred or a remark has been made which might constitute sexual misconduct under this canon, and the person against whom the allegation has been made is either:

a) a bishop, priest or deacon subject to the jurisdiction of a bishop, or a bishop subject to the jurisdiction of a metropolitan, or

b) a lay person who has been appointed, elected or commissioned to an office, appointment or responsibility in a congregation, deanery, diocese, provincial synod, or the General Synod,

the Bishop or Metropolitan, as the case may be, shall have initial jurisdiction with respect to whether misconduct has occurred and the penalty for it.

Diocesan Response Group

2. There shall be one or more Diocesan Response Groups for the Diocese of Algoma, hereinafter referred to as the Response Group.

responsibilities:

3. a) The Response Group will be responsible for the initial investigation and determination of allegations referred to it by the Bishop.

b) The Executive Committee of the diocese may, either on its own motion, or the petition of the person making the complaint, refer the matter to the Response Group.

c) The Response Group will then advise the Bishop, or other church authorities as appropriate, with regard to the allegations of sexual misconduct.

d) The Response Group may make recommendations for dealing with all people affected by the allegations, including but not limited to the following:

(i) the alleged victim, and the family and friends of the alleged victim;

(ii) the alleged offender, and the family and friends of the alleged offender;

(iii) the congregation or other church community immediately involved;

(iv) any others who may be affected by the allegations.

composition:

4. a) The Response Group shall be composed of three members made up as follows:

(i) a licensed priest or deacon of the diocese who has held a bishop's licence for a minimum of ten years;

(ii) a lawyer knowledgeable in the area of sexual misconduct law;

(iii) a person, clerical or lay, who is knowledgeable in the field of human relationships including sexual misconduct.

b) The Response Group shall have at least one member of each sex.

c) The members of the Response Group shall be appointed by the Bishop after consultation with the Archdeacons.

term of office:

d) The term of office on the Response Group will be three years, with eligibility for re-appointment.

e) Notwithstanding section 4(d), the members of the Group who begin the investigation of a complaint will continue in office until the conclusion of that complaint.

chair:

f) The Response Group will select its own chairperson from its members.

alternates:

5. a) In the event of the inability or incapacity of a member to serve on the Group, the appointment of an alternate member shall be made in accordance with the principles and procedures of section 4 of this canon.

b) No person who is or has been involved with, has an interest or conflict in, is related to or is a supervisor or supervisee of a person involved or interested in an allegation before the Group as either a party or witness shall sit as a member of the Response Group for the investigation in which they have a conflict. An alternate shall be appointed for that investigation only.

c) If a vacancy in the membership of the Response Group occurs after the investigation has begun, the remaining members of the Group, after consultation with the Bishop, may continue the investigation to its conclusion, or recommend that a new investigation be begun with a replacement member or members.

appeals:

6. a) If, within six months of the decision of the Response Group, new evidence becomes known which was not available at the time of the initial investigation and which would have an important bearing on the outcome, any person whose cause has been disposed of adversely may petition the Bishop for an appeal.

b) The Bishop may decide the appeal or refer it to a new Response Group or the Diocesan Court.

c) In the event of an appeal, the imposition of any penalty imposed by the Bishop on the advice of the Response Group may be stayed pending the outcome of the appeal.

procedure:

7. a) When a complaint with regard to sexual misconduct is made, it shall be reported immediately to the Bishop. If the complaint is against the Bishop, it shall be reported immediately to the Metropolitan of the Ecclesiastical Province of Ontario.

b) The Bishop or Metropolitan, as the case may be, will consult with the Diocesan Response Group to determine what course of action should be followed. Hereinafter, if the Metropolitan assumes jurisdiction, references to the Bishop shall be read as if they referred to the Metropolitan.

c) If the alleged victim is a child, the Bishop and the Response Group shall report the complaint as required by the laws of the civil Province of Ontario, and assist in any investigation.

d) If criminal charges are laid against the alleged offender, the Bishop and the Response Group will assist the police in the investigation.

e) In its preliminary investigation the Response Group, or its delegate, will meet with the complainant to hear the complaint. The complainant may have an advocate at this meeting, and if a child or person with a disability, must have a parent or legal guardian present.

f) The complainant will be assured that it is not necessary to meet the alleged offender face to face during the investigations by the Response Group. Such a meeting will only be arranged with the permission of the complainant.

g) If, after its preliminary investigation, the Response Group is of the opinion that it is probable that misconduct has taken place, they shall investigate further. During the investigation the respondent will be presumed innocent until proven otherwise and shall be informed of this.

h) Unless prohibited by police or court procedure, the Response Group will obtain a written complaint:

(i) from the alleged victim if such person is an adult;

(ii) from the parent or individual with legal custody if such person is a child or a person with a disability.

i) The Response Group shall provide a copy of the written complaint to the respondent within two weeks after it has been received. Unless prohibited by police or court procedures, the Response Group, or its delegate, will meet with the respondent to hear their response to the complaint. The respondent may have an advocate present; if the respondent is a child or person with a disability, they must have a parent or legal guardian present.

j) The investigation and deliberations of the Response Group shall be confidential. However, when a further investigation is made under section 7(g), the Bishop shall inform the congregation or other church community of the existence of the complaint and subsequent action taken.

k) During such an investigation the respondent may be inhibited from the performance of any of the duties of office pursuant to the provisions of section 25 of Canon XVIII -- DISCIPLINE of the General Synod of the Anglican Church of Canada.

l) Any resignation or withdrawal from church membership, office, or holy orders of an individual with a complaint against under investigation by the Response Group will be deemed to take effect only at the conclusion of the investigation by the Group.

m) At the end of their investigation the Response Group shall recommend in writing, with reasons, that the Bishop:

(i) dismiss the complaint; or

(ii) take disciplinary action; or

(iii)take other actions as seem appropriate.

n) The Response Group may recommend that the complainant and/or the respondent obtain counselling and pastoral care.

o) When the Bishop and/or the Response Group consider it appropriate, the Bishop will arrange counselling and pastoral care for the congregation or other church community.

p) The Bishop shall report a decision, in writing, to the complainant, respondent, Response Group, and affected church communities.

q) No action or other proceedings may be commenced in any court against the Bishop, any member of the Diocesan Response Group, or their delegates, for any act in good faith in the execution of their duties under this canon.

costs:

8. Expenses incurred by the Diocesan Response Group or by anyone acting under its direction pursuant to this canon shall be paid by the Synod of the Diocese of Algoma.

(Enacted 1993)

©2001 Diocese of Algoma