A124 Amend Canon IV.2 Terminology of Sexual Misconduct

Resolved, the House of ________________ concurring,

That Canon IV.2 is hereby amended to read as follows:

CANON 2: Of Terminology Used in This Title

Except as otherwise expressly provided or unless the context otherwise requires, as used in this Title the following terms and phrases shall have the following meanings:

Sexual Misconduct shall mean (a) Sexual Abuse, or (b) Sexual Behavior engaged in by the Member of the Clergy with a person who does not consent to the Sexual Behavior, or by force, intimidation, coercion or manipulation, or (c) Sexual Behavior at the request of, acquiesced to or by a Member of the Clergy with an employee, volunteer, student or counselee of that Member of the Clergy or in the same congregation as the Member of the Clergy, or a person with whom the Member of the Clergy has a Pastoral Relationship. Sexual Misconduct under Subsection (c) does not include Sexual Behavior with a person with whom the Member of the Clergy previously had a Pastoral Relationship if the Member of the Clergy has obtained the prior written permission of the Bishop Diocesan.

Explanation

This resolution addresses the concern that the definition of “Pastoral Relationship” may apply permanently to any Member of the Clergy who has ever provided pastoral care to a person, since the definition says “any person to whom the Member of the Clergy provides or has provided” various forms of pastoral care.