Bishop

Scope of Role

In the disciplinary system of The Episcopal Church, i.e., Title IV of the Canons of The Episcopal Church, the Bishop of the Diocese has several significant roles and responsibilities. These include the appointment of certain officials within the disciplinary system and resource people to assist those in the process. The ecclesiastical responsibilities include authority and responsibility to take certain interim steps to address alleged misconduct to avoid further difficulties or harm. It also includes serving as a member of the Reference Panel, which handles disciplinary matters at the early stages, and monitors the effective continuity of cases through the later stages.

The Bishop has authority and responsibility to enter into an Agreement for Discipline (or a settlement) to resolve a case with a clergyperson who has been accused of misconduct. An Agreement for Discipline may be entered into at any point in the disciplinary process until a final Order is effective. (Title IV.9.1) The process for considering an Agreement may be initiated by either the Bishop or the clergyperson. There are several prerequisites that apply in either case. Before reaching agreement, the Bishop must have consulted with the injured persons, if any, the president of the Disciplinary Board, and the Church Attorney with respect to the proposed terms of discipline. If the Bishop and the clergyperson then reach agreement, the terms are incorporated in a document called an Accord. The Accord may only be entered into if (Title IV.9.2) (1) the clergyperson is aware of the discipline to be imposed and the effects of it, (2) the clergyperson has had the opportunity to consult with counsel of his or her choosing, and (3) the terms of the Accord adequately take into account and promote the values of Title IV. (Title IV.1) After the Agreement is signed, the clergyperson has a three-day period within which the clergyperson may change his or her mind and withdraw from the Agreement.

In every case, it is the Bishop’s responsibility to consider and provide, as appropriate, a Pastoral Response to individuals who may have been victimized by misconduct or otherwise affected by the direct or indirect circumstances of misconduct. (Title IV.8.1 and 2) It is not the Bishop’s responsibility to be the one actually providing the pastoral support, but to ensure appropriate pastoral care is provided or made available.

Finally, the Bishop is the ultimate sentencing authority in cases that result in a disciplinary sanction, such as removal from ministry through deposition, a suspension for specified period of time, or other outcome.

The Bishop does not directly participate, except in extraordinary circumstances, in proceedings of the Conference Panel or Hearing Panel unless the Bishop himself or herself is the Complaining party (in which case another Bishop would be recruited to serve as the sentencing authority). During the pendency of a disciplinary proceeding, the Bishop of the Diocese is also responsible to promote the ongoing ministries of the Church and any specific congregation involved, providing pastoral support and other resources to the leadership of those ministries to ensure their effective continuing performance.

Among the appointments to be made by the Bishop Diocesan for the disciplinary system, some are made directly by the Bishop and others are made in consultation with the Disciplinary Board or the Disciplinary Board President. Appointments include the Intake Officer(s), the Church Attorney, an Investigator, a Conciliator, if needed, and Advisors for the complaining person and Member of the Clergy accused of the misconduct.

The Bishop serves as a Member of the Reference Panel with duties described under the Reference Panel tab. Note that the Bishop is one of three members of the Reference Panel, and all decisions of the Panel are made by majority vote, whether the Bishop is in the majority or not.

The Bishop has the authority to issue a Pastoral Direction to a clergyperson at any time. (Title IV.7.1) That Direction must be directed to some matter that concerns the Doctrine, Discipline, or Worship of the Church or the manner of life or behavior of the clergyperson. If the clergyperson refuses or fails to honor the response required by the Pastoral Direction, that failure may constitute a Title IV Offense.

After the allegations have been received and reviewed by the Intake Officer, the Bishop may also take interim measures as may be warranted to protect against foreseeable harm to the Church or a person or a community. This action may include a Restriction on all or part of the clergyperson’s Ministry or placement on Administrative Leave. (Title IV.7.3) In either case the action taken by the Bishop must be in writing and with sufficient detail to enable a later determination that the Direction has been honored or complied with or not. The Bishop is also the ultimate sentencing authority under Title IV actions that result in an Order of Discipline.

Participants

The Intake Officer must be fully acquainted with the authority, duties, and responsibilities of the Bishop, not only as it applies to the Intake Process but also through the Reference Panel proceedings and the case management responsibilities, to the conclusion of the matter.

The clergyperson should be familiar with the authority, duties, and responsibilities of the Bishop in the disciplinary process, especially with respect to the opportunities for the Bishop and the clergyperson to consider a resolution of the matter by Agreement, the possibility of Interim Actions being imposed by the Bishop, and the Bishop as ultimate sentencing authority.

The Bishop needs to be fully aware of the Bishop’s authority, duties and responsibilities under Title IV, and perform these duties and responsibilities correctly and carefully. Title IV provides the Bishop with considerable but not unlimited discretion in disciplinary matters. Appointments should be carefully considered and training opportunities made available.

The Chancellor is often the primary consultation resource for a Bishop whenever a Title IV matter is pending. Therefore, the Chancellor needs to be fully conversant with all aspects of Title IV, and particularly prepared to advise the Bishop on any matter of the Bishop’s responsibilities and options. This includes canonical interpretation as well as potential legal consequences.