Title IV
We encourage you to visit TitleIV.org, the website developed by The Episcopal Church, for full information on the disciplinary process.
“Title IV is the section of the Episcopal Church’s Canons that addresses the grounds and processes for “ecclesiastical discipline,” a canonical process adopted by the Church to encourage accountability, reconciliation and pastoral response when a member of its clergy (deacons, priests or bishops) are accused of misconduct.” (from TitleIV.org)
This process applies to members of the clergy because they have, by their vows at ordination, accepted additional responsibilities and accountabilities for doctrine, discipline, worship and obedience. Its intent is to resolve conflicts by promoting healing, repentance, forgiveness, restitution, justice, amendment of life and reconciliation among all involved.
Title IV is not a criminal proceeding or a civil proceeding; it is an ecclesiastical proceeding. It is about, for and by the Church. It is a process of discernment in which the church seeks enough clarity about what has happened to take action in the interest of justice, healing and wholeness for all involved or affected.
What kind of allegations does it cover?
Offenses under Title IV include:
- Knowingly violating Constitution or Canons
- Failing without good cause to cooperate with proceedings under Title IV
- Intentionally or maliciously bringing false accusation under this title
- Any breach of Standards of Conduct in IV.4 (listed below under clergy requirements)
- Offense must be material, substantial or of clear and weighty importance to the ministry of the Church
All clergy are required to:
- Respect confidences except for pastoral, legal or moral requirements for disclosure
- Conform to rubrics of Book of Common Prayer
- Abide by Ordination Vows
- Abide by pastoral direction, accord or order of bishop
- Safeguard property and funds of Church and community
- Report offenses to Intake Officer
- Be faithful exercise of their ministry as described in the Book of Common Prayer
Clergy must refrain from:
- Sexual misconduct
- Holding or teaching doctrine contrary to church
- Secular employment without consent of Bishop
- Absent from canonically resident diocese for two years without Bishop's consent
- Criminal act reflecting your honesty, trustworthiness, or fitness to minister
- Conduct involving dishonesty, fraud, deceit, or misrepresentation
- Habitual neglect of ministerial office, public worship, Holy Communion
- Conduct unbecoming a member of the Clergy
Does the Title IV process take the place of criminal proceedings?
“The Title IV process is legally separate from secular court processes. Under the First Amendment, secular courts have no jurisdiction to determine ecclesiastical issues, such as a church’s selection, removal or discipline of its ministers. However, it is possible for non-ecclesiastical issues, arising out of the conduct of a Title IV proceeding, to be litigated in civil or criminal secular courts, separately but at the same time as the Title IV proceeding. Canon 19.2.” (from TitleIV.org)
The canons of the Church require that any and all church conduct proceedings remain confidential for the sake of fairness and healing. That being said, the Diocese of North Carolina will not hesitate to involve law enforcement when required by law, when someone has been obviously harmed or we believe is in harm’s way. Not every case will require this measure, and when no evidence of the nature stated above is found, the investigation will proceed per canonical process.
Why does the Church need its own process?
It is for the well-being of all those who comprise the Church, clergy and lay. Title IV is intended to be a safe space and a process of discernment in which the Church seeks enough clarity about what has happened to take action in the interest of justice, healing and wholeness for all involved or affected -- and, when necessary, discipline against those found acting against church canons.
It provides those with concerns or complaints another option, in addition to secular or criminal avenues, for investigating or dealing with those concerns in an environment that includes an element of healing while the truth is sought.
Stage 1: Intake and Preliminary Investigation
The first step is for the intake officer to receive the complaint. The intake officer is charged with listening to the complaint with respect and offering initial pastoral care and response. The intake officer creates a written report of the complaint and answers questions about the process.
The intake officer then completes a preliminary investigation to determine whether if true, “does the complaint amount to an offense under Title IV” and “who, if anyone, is at risk?” If the preliminary investigation is found to be an offense under Title IV, it is referred to the Reference Panel.
Stage 2: Referral to Reference Panel (Bishop, Intake Officer, Disciplinary Board Chairperson)
Once the initial investigation is complete, the complaint goes to the Reference Panel, comprised of the Bishop, intake officer and chair of the Disciplinary Board. Options the Reference Panel may exercise:
- Pastoral Response with no other action
- If it is determined no action is needed, the bishop designates a person to provide pastoral response to all impacted. Dismissals may be appealed by the complainant; appeals go to the president of the Disciplinary Board for affirmation or reversal.
- Conciliation
- Step led by a person skilled in dispute resolution techniques and without conflict of interest regarding the complaint. The goal is a resolution that promotes healing, repentance, forgiveness, restitution, justice, amendment of life and reconciliation among the complainant, respondent, affected community, other persons and the Church.
- Possible agreement between Bishop and respondent
- Proposed terms of discipline
- Further investigation
- An investigator or investigators are appointed to look into all matters pertinent to the factual claims of the intake report and present findings in writing to the Reference Panel. Upon receipt of the findings, the Reference Panel may:
- Refer to Bishop Diocesan for consideration of the proceedings and reaching of and Accord
- Refer for Conciliation resulting in an Accord
- Require further investigation
- Refer to a Conference Panel or Hearing Panel
- An investigator or investigators are appointed to look into all matters pertinent to the factual claims of the intake report and present findings in writing to the Reference Panel. Upon receipt of the findings, the Reference Panel may:
Stage 3: Conference and Hearing Panels
Conference Panels both are charged with further ascertaining the truth of the complaint and seeking appropriate resolution of the matter. Conference Panels is the step following the work of the Reference Panel. Options the Conference Panel may exercise include:
- Reaching an Accord among the parties
- Dismissing the case
- Referring the matter to a Hearing Panel
- Referring the matter for Conciliation
- Issue an order that, if refused, sends the matter to a Hearing Panel
Conference panels are informal, and included in the discussion are one or more members of the Disciplinary Board (chosen at random), the respondent (who may have counsel present) and the church attorney.
If the matter is referred to a Hearing Panel, it is comprised of at least three members of the Disciplinary Board, named during the impanelment process at the intake stage.
- Hearing Panel operates similar to a trial court
- All parties can have counsel
- Respondent may refuse to participate
- Hearing Panel may:
- Dismiss
- Issue a judgement in the form of an Order that cannot be refused
Why is the process kept confidential?
One of the key elements that differentiates the ecclesiastical discipline process from that of secular or criminal processes is the dual goal of being able to investigate as thoroughly as possible while being as fair as we can be to all involved, and incorporating healing for all parties. The confidentiality included in the protocols assists in achieving all three of these goals. Even when the results of an investigation must be disclosed, the pastoral components of the process remain alongside the sharing of necessary information.
How is the Church working to be more transparent, especially in the area of sexual misconduct in the #MeToo age?
As outlined in the canons, sexual misconduct covers everything from sexual abuse to inappropriate – though consenting – relationships between adults. Clergy are prohibited from engaging in sexual relationships with anyone in the congregations they serve, whether a staff member, volunteer or parishioner.
In the event an investigation reveals sexual misconduct that is deemed to be criminal, harmful or potentially harmful in nature, the Diocese will not hesitate to involve appropriate authorities and/or law enforcement. It will not protect, try to hide or excuse harmful behavior when disclosure is warranted for the sake of avoiding negative publicity.
When a complaint and resulting investigation do not reveal any evidence of that type of wrongdoing, an effort is made to maintain the privacy of those involved as part of the healing process.
The Church and the Diocese of North Carolina take very seriously the stories and experiences shared as a result of the #MeToo movement. We do not condone or support the abuse of power someone in a leadership might hold. In an effort to support those who might have suffered an abuse of power in the form of sexual misconduct, the Episcopal Church has lifted, for a three-year period that began January 1, 2019, the statute of limitations on initiating proceedings in cases of clergy sexual misconduct against adults. This means that no matter how long ago the misconduct occurred, your story will be heard. There has never been a time limit on allegations of misconduct against those under the age of 21.
ADDITIONAL RESOURCES
Title IV Training Manual (from the Episcopal Diocese of Connecticut)
Intake Officer
Intake Officer
Canon to the Bishop
