link to original here
¶ 2702. Chargeable Offenses and the Statute of Limitations
1. A bishop, clergy member of an annual conference (¶368), local pastor,14 clergy on honorable or administrative location, or diaconal minister may be tried when charged (subject to the statute of limitations in ¶ 2702.4)* with one or more of the following offenses: (a) immorality including but not limited to, not being celibate in singleness or not faithful in a heterosexual marriage;*** (b) practices declared by The United Methodist Church to be incompatible with Christian teachings,15 including but not limited to: being a self-avowed practicing homosexual; or conducting ceremonies which celebrate homosexual unions; or performing same-sex wedding ceremonies;*** (c) crime; (d) failure to perform the work of the ministry; (e) disobedience to the Order and Discipline of The United Methodist Church; (f) dissemination of doctrines contrary to the established standards of doctrine of The United Methodist Church; (g) relationships and/or behavior that undermines the ministry of another pastor;16 (h) child abuse;** (i) sexual abuse;17 (j) sexual misconduct** or (k) harassment, including, but not limited to racial and/or sexual harassment; or (l) racial or gender discrimination.18
2. A bishop, clergy member of an annual conference, or diaconal minister may be brought to trial when the appropriate body recommends involuntary termination.19
3. A professing member of a local church may be charged with the following offenses, and, if so, may choose a trial: (a) immorality; (b) crime; (c) disobedience to the Order and Discipline of The United Methodist Church; (d) dissemination of doctrines contrary to the established standards of doctrine of The United Methodist Church; (e) sexual abuse; (f) sexual misconduct;‡ (g) child abuse; (h) harassment, including, but not limited to racial and/or sexual harassment; (i) racial or gender discrimination; or (j) relationships and/or behaviors that undermine the ministry of persons serving within an appointment.
4. Statute of Limitations—No judicial complaint or charge shall be considered for any alleged occurrence that shall not have been committed within six years immediately preceding the filing of the original complaint, except in the case of sexual or child abuse and in the case of immorality or crime, when the alleged occurrence(s) include allegations of sexual abuse or child abuse, there shall be no limitation (¶ 2704.1a).
Time spent on leave of absence shall not be considered as part of the six years.
5. Time of Offense—A person shall not be charged with an offense that was not a chargeable offense at the time it is alleged to have been committed. Any charge filed shall be in the language of The Book of Discipline in effect at the time the offense is alleged to have occurred except in the case of immorality or crime, when the alleged occurrence(s) include allegations of sexual abuse or child abuse. Then it shall be in the language of The Book of Discipline in effect at the time the charge was filed. Any charge must relate to an action listed as a chargeable offense in the Discipline.
14. See Judicial Council Decision 982.
* The statute of limitations went into effect as law on a prospective basis starting on January 1, 1993. All alleged offenses that occurred prior to this date are time barred. See Judicial Council Decisions 691, 704, and 723.
15. See Judicial Council Decisions 702, 984, 985.
16. See Judicial Council Decision 702.
** This offense was first listed as a separate chargeable offense in the 1996 Book of Discipline effective April 27, 1996. See Judicial Council Decision 691.
17. See Judicial Council Decisions 736, 768.
18. See Judicial Council Decision 986.
19. See Judicial Council Decision 767.
*** The language beginning "including but not limited to ..." first appeared in the 2004 Book of Discipline effective January 1, 2005.
‡ This offense was first listed as a separate chargeable offense in the 2000 Book of Discipline, effective January 1, 2001. See Judicial Council Decision 691.
From The Book of Discipline of The United Methodist Church - 2004. Copyright 2004 by The United Methodist Publishing House. Used by permission.
_________________________________________________________________________
¶ 2702. Chargeable Offenses and the Statute of Limitations
1. A bishop, clergy member of an annual conference (¶368), local pastor,14 clergy on honorable or administrative location, or diaconal minister may be tried when charged (subject to the statute of limitations in ¶ 2702.4)* with one or more of the following offenses: (a) immorality including but not limited to, not being celibate in singleness or not faithful in a heterosexual marriage;*** (b) practices declared by The United Methodist Church to be incompatible with Christian teachings,15 including but not limited to: being a self-avowed practicing homosexual; or conducting ceremonies which celebrate homosexual unions; or performing same-sex wedding ceremonies;*** (c) crime; (d) failure to perform the work of the ministry; (e) disobedience to the Order and Discipline of The United Methodist Church; (f) dissemination of doctrines contrary to the established standards of doctrine of The United Methodist Church; (g) relationships and/or behavior that undermines the ministry of another pastor;16 (h) child abuse;** (i) sexual abuse;17 (j) sexual misconduct** or (k) harassment, including, but not limited to racial and/or sexual harassment; or (l) racial or gender discrimination.18
2. A bishop, clergy member of an annual conference, or diaconal minister may be brought to trial when the appropriate body recommends involuntary termination.19
3. A professing member of a local church may be charged with the following offenses, and, if so, may choose a trial: (a) immorality; (b) crime; (c) disobedience to the Order and Discipline of The United Methodist Church; (d) dissemination of doctrines contrary to the established standards of doctrine of The United Methodist Church; (e) sexual abuse; (f) sexual misconduct;‡ (g) child abuse; (h) harassment, including, but not limited to racial and/or sexual harassment; (i) racial or gender discrimination; or (j) relationships and/or behaviors that undermine the ministry of persons serving within an appointment.
4. Statute of Limitations—No judicial complaint or charge shall be considered for any alleged occurrence that shall not have been committed within six years immediately preceding the filing of the original complaint, except in the case of sexual or child abuse and in the case of immorality or crime, when the alleged occurrence(s) include allegations of sexual abuse or child abuse, there shall be no limitation (¶ 2704.1a).
Time spent on leave of absence shall not be considered as part of the six years.
5. Time of Offense—A person shall not be charged with an offense that was not a chargeable offense at the time it is alleged to have been committed. Any charge filed shall be in the language of The Book of Discipline in effect at the time the offense is alleged to have occurred except in the case of immorality or crime, when the alleged occurrence(s) include allegations of sexual abuse or child abuse. Then it shall be in the language of The Book of Discipline in effect at the time the charge was filed. Any charge must relate to an action listed as a chargeable offense in the Discipline.
14. See Judicial Council Decision 982.
* The statute of limitations went into effect as law on a prospective basis starting on January 1, 1993. All alleged offenses that occurred prior to this date are time barred. See Judicial Council Decisions 691, 704, and 723.
15. See Judicial Council Decisions 702, 984, 985.
16. See Judicial Council Decision 702.
** This offense was first listed as a separate chargeable offense in the 1996 Book of Discipline effective April 27, 1996. See Judicial Council Decision 691.
17. See Judicial Council Decisions 736, 768.
18. See Judicial Council Decision 986.
19. See Judicial Council Decision 767.
*** The language beginning "including but not limited to ..." first appeared in the 2004 Book of Discipline effective January 1, 2005.
‡ This offense was first listed as a separate chargeable offense in the 2000 Book of Discipline, effective January 1, 2001. See Judicial Council Decision 691.
From The Book of Discipline of The United Methodist Church - 2004. Copyright 2004 by The United Methodist Publishing House. Used by permission.
_________________________________________________________________________
Section II. Investigations, Trials, and Appeals
FAIR PROCESS IN JUDICIAL
PROCEEDINGS
¶2701.
Preamble and Purpose
—The judicial proceedings and the rights set forth in this
paragraph commence upon referral of a matter as a judicial complaint from
counsel for the Church to the committee on investigation. The judicial process
terminates at the end of any appeal or right of appeal. The judicial process
shall have as its purpose a just resolution of judicial complaints, in the hope
that God’s work of justice, reconciliation and healing may be realized in the
body of Jesus Christ. The following procedures are presented forth protection
of the rights of individuals guaranteed under Sectional, Article IV, of our
Constitution and for the protection of the Church. The presumption of innocence
shall be maintained until the conclusion of the trial process. Special
attention should be given tonsuring racial, ethnic, age, and gender diversity
of boards, commit-tees, and courts and the timely disposition of all matters.
12
1.Rights of the Complainant (the person filing the complaint)
a)Right to Be Heard
—In any judicial proceeding, the com-plain ant shall have a
right to be heard before any final action is taken.
b)Right to Notice of Hearings
—Notice of any hearing shall advise the complainant about
proposed procedures, with sufficient detail to allow the complainant to
prepare. Notice shall be given knotless than twenty (20) days prior to the
hearing. The complainant shall have the right to be present at any judicial
process hearing.
c)Right to Be Accompanied
—The complainant shall have the right to be accompanied by
another person to any interview or hear-in to which they are subject. The
person accompanying the com-plain ant may be an attorney, but shall not have
the right to voice.
d) Right to be Informed of Resolution
—The complainant shall have the right to be informed of the
disposition of the complaint of the judicial proceeding as part of a holistic
process of healing. Church officials are encouraged, as may be permissible, to
include rationale.
2. Rights of the Respondent Right to Be Heard
—In any judicial proceeding, the responddent (the person to
whom the procedure is being applied) shall have right to be heard before any
final action is taken.
b)Right to Notice of Hearings
—Notice of any judicial process hearing shall advise the
respondent of the reason for the proposed procedures, with sufficient detail to
allow the respondent to prepare response. Notice shall be given not less than
twenty (20) days prior to the hearing. The respondent shall have the right to
be present at any judicial process hearing.
12. See Judicial Council Decision 695.
INVESTIGATIONS, TRIALS, AND APPEALS
¶ Page
751
c)Right to Be Accompanied
—The respondent shall have a right to be accompanied by a
clergyperson in full connection pursuant to
¶2706.2. The clergy person accompanying the respondent shall
have the right of advocacy. The respondent shall be entitled to choose one
assistant counsel without voice who may be an attorney.
d)Right Against Double Jeopardy
—No bill of charges shall be certified by any committee on
investigation after an earlier bill of charges has been certified by a
committee on investigation based on the same alleged occurrences.
e)Right of Access to Records
—The respondent and the Church shall have access to all
records relied upon in the determination of the outcome of the committee on
investigation, trial court, or appeal committee or body.
13
3.Rights of the Church
Right to Be Heard
—In any judicial proceeding, the Church shall have the right
to be heard before any final action is taken.
b)For other rights and responsibilities of the church and counsel
for the church see ¶2706.4.
Process and Procedure) Failure to Appear or Respond
—In the event that the responddent fails to appear for any
judicial process hearing, refuses mail, refuses to communicate personally with
the bishop or district superintendment, or otherwise fails to respond to
requests from official judicial committees, such actions or inactions shall not
be used as an excuse to avoid or delay any Church processes, and such processes
may continue without the participation of such individual.
b) Communications
—In any judicial proceeding, under no circumstances shall
one party or counsel, in the absence of the other party or counsel, discuss
substantive matters with members of the pending hearing, trial, or appellate
body while the case is pending. Questions of procedure may be raised and
discussed ex parte, but only with the presiding officer or secretary of the
hearing or appellate body.
c) Healing
—As a part of the judicial process, the bishop and cabinet,
in consultation with the presiding officer of the pending hearing, trial, or
appellate body then sitting, shall provide for healing if there has been
significant disruption to the congregation, the annual conference, or the
context of ministry by the judicial matter. This may include a just resolution
process for unresolved conflicts,
13. See Judicial Council Decisions 691, 765.
¶2701
JUDICIAL
ADMINISTRATION Healing
—As a part of the judicial process, the bishop and cabinet,
in consultation with the presiding officer of the pending hearing, trial, or
appellate body then sitting, shall provide for healing if there has been
significant disruption to the congregation, the annual conference, or the
context of ministry by the judicial matter. This may include a just resolution
process for unresolved conflicts,
13. See Judicial Council Decisions 691, 765.
¶ Page
752
support for victims, and reconciliation for all who are
involved. This process may also include the sharing of information by the
bishop oar cabinet member about the nature of the complaint without disclosing
alleged facts underlying the complaint that might compromise the judicial
process.
d) Immunity of Participants
—In order to preserve the integrity of the Church’s judicial
process and ensure full participation in it at all times, the resident bishop,
the cabinet, the presiding officer of the trial, trial officers, trial court,
witnesses, counsels, assistant counsels, advocates, complainant, committee on
investigation and all others who participate in the Church’s judicial process
shall have immunity from prosecution of complaints brought against them related
to their role in a particular judicial process, unless they have committed chargeable
offense in conscious and knowing bad faith. The com-plain ant in any proceeding
against any such person related to their role in a particular judicial process
shall have the burden of proving, by clear and convincing evidence, that such
person’s actions constituted a chargeable offense committed knowingly in bad
faith. The immunity set forth in this provision shall extend to civil court
pro-feedings, to the fullest extent permissible by the civil laws.5.
A Just Resolution in
Judicial Proceedings
—A just resolution is one that focuses on repairing any harm
to people and communities, achieving real accountability by making things right
in so far as pos-sable and bringing healing to all the parties. Special
attention should be given to ensuring that cultural, racial, ethnic, age and
gender con-texts are valued throughout the process in terms of their
understand-inks of fairness, justice, and restoration. During the just resolution
process, the parties may be assisted by a trained, impartial third-party
facilitator(s) or mediator(s), in reaching an agreement satisfactory to all
parties. Processes that seek a just resolution are encouraged at any time,
including through the judicial proceedings. After the referral of a matter as a
judicial complaint from counsel for the church to the committee on
investigation, if a process seeking a just resolution is used, the appropriate
persons, including the counsel for the Church and the counsel for the
respondent, should enter into a written agreement outlining such process,
including any agreement on confidentiality. If resolution is achieved, a
written statement of resolution, including terms and conditions, shall be
signed by the same persons who signed the written agreement outlining the
process, and they shall agree on any matters to be disclosed to third parties.
If the resolution results in a change of ministerial status, the disclosure
agreement shall not prevent the disciplinary disclosures required for possible
readmission.
INVESTIGATIONS, TRIALS, AND APPEALS
¶ Page
753
No comments:
Post a Comment