Conference Panel
Conference Panel Proceedings
The goal of the Conference Panel proceeding is to seek a resolution of the matter consistent with the values of Title IV, expressed in Canon 1. The participants in the Conference Panel proceeding include the members of the Conference Panel, the Church Attorney, the Respondent, the Respondent’s Advisor, and the Respondent’s legal counsel, if any. Those invited to attend, but not required to attend, are the Complainant or injured person, the Complainant’s Advisor, the Investigator engaged by the Reference Panel, and others who may be invited by the Panel. The proceeding is confidential and is not open to people who are not specifically required or invited to attend.
The proceeding is presided over by the President of the Conference Panel, who maintains control over the conduct of participants and the flow of conversation during the proceedings and who is responsible to prevent any disruption of the proceedings by any participant. The President may therefore exclude individuals who refuse to participate in the proceeding in a manner that is helpful and non-disruptive.
The nature of the proceeding is informal and conversational, but structured in a manner to allow the Complainant, or someone speaking on behalf of the Complainant, to relate the facts underlying the Complaint. Clarifying questions may be asked, but the Complainant may not be cross-examined. The Respondent is then invited to present his or her story or version of the facts relevant to the Complaint. Again, clarifying questions are invited. Thereafter, the conversation flows to what possibilities may exist to resolve the Complaint with an Agreement or Accord.
The discussions during the proceedings are confidential and are not recorded or made part of any record. Proceedings do not involve sworn testimony. They may also include the introduction of live statements or written statements from other persons with knowledge of the circumstances of the Complaint. No statements made by any participant in the proceedings may be used as evidence before the Hearing Panel.
If the conversations during the Panel proceedings lead to an Agreement, the Conference Panel confers among themselves and may then develop an Accord, representing the Agreement. If the conversations do not produce an Agreement, the Conference Panel meets privately and prepares a proposed Order outlining an outcome for the matter.
Participants
The Conference Panel is an opportunity for the Complainant to tell his or her story in detail about what he or she claimed happened. The Complainant may do so without fear of cross-examination, but may expect to receive questions of a clarifying nature from members of the Panel or from the Respondent or Respondent’s Attorney. Similarly, when the Respondent provides his or her story or version of the story, the Complainant has the opportunity, personally or through the Complainant’s Advisor, to ask clarifying questions. The Complainant is a participant in the conversation to explore an Agreement by which to resolve the matter. The Complainant should be reminded that all the conversation or content of the Conference Panel proceeding is confidential, which is intended to promote a free-flowing and unfiltered sharing of information.
In the Conference Panel proceedings the Respondent may hear more clearly, or perhaps for the first time, the specific nature of allegations made by the Complainant. The Respondent will also have a better understanding of the effects of the alleged misconduct on the Complainant. The Respondent may then be in a position to respond to the allegations with an effort to achieve a resolution by Agreement. If the Respondent feels that the Complainant’s account of the story is completely untrue or greatly exaggerated, the Respondent is able to state those views in presenting his or her story. During the Conference Panel proceedings the Respondent is able to contribute suggestions toward an agreed resolution of the matter, which may lead to an Accord, and is aware that absent such an Agreement, the Conference Panel will issue an Order describing a proposed outcome.
The Advisors for the Complainant and Respondent must be prepared to counsel with their clients regarding the nature of the proceeding as a Conference Panel rather than as a trial or Hearing Panel proceeding. The Advisors are in a position to suggest possible elements of an Agreement that will promote reconciliation and healing, taking into consideration the theological values expressed in Canon 1 of Title IV.
The Chancellor is not a participant in the Conference Panel proceeding, but is likely to have been involved in training the members of the Conference Panel and the Church Attorney to conduct an effective Conference Panel proceeding.
The Respondent’s Attorney must understand that the Conference Panel is somewhat like mediation. It does not include cross-examination, but it does include an expectation of truth telling and a sincere effort to seek resolution by Agreement. The Conference Panel proceeding is not an alternative to discovery processes, but does certainly help inform the Respondent and the Respondent’s Attorney of the testimony to expect in any future Hearing Panel proceedings. The Respondent’s Attorney is encouraged to help fashion an Agreement if the conversation during the proceedings makes an Agreement possible.
The Investigator may be invited to participate in the Conference Panel proceeding to provide supplemental information requested by the Conference Panel. The Investigator is not otherwise expected to make a presentation of the Report itself. The Investigator may respond to clarifying questions from the Church Attorney or the Respondent’s Counsel.
Members of the Disciplinary Board appointed to a Conference Panel proceeding must understand thoroughly the canonical and practical elements of this unique proceeding. While it is very much like a mediation process, it is intended to be about achieving a resolution, if possible, by Agreement. The Panel members nevertheless understand that absent an Agreement, they will confer and develop a proposed Order describing an outcome pursuant to Title IV.
