Hearing Panel

Hearing Panel Proceedings

As the date for the Hearing Panel proceeding approaches, the Church Attorney or the Respondent’s Attorney may submit pre-hearing motions and challenges. (Title IV.13.7) In each case the opposing party is given 15 days from the receipt of the Motion or Challenge to file a Response. Upon receipt of the Motion or Challenge the Hearing Panel sets a date for a Hearing of the Motion or Challenge. The Hearing may be conducted by conference call or in person. The Hearing Panel will render a decision on the Motion or Challenge within three days of the Hearing. That decision will be final as to all procedural matters. Decisions on evidentiary matters are considered preliminary and may be reconsidered during the Hearing Panel proceedings.

All proceedings of the Hearing Panel, except its private deliberations, are open to the Respondent and to each Complainant or to any injured person, and to members of the public. The exception to this practice is that a Hearing Panel may, at its discretion and for good cause, close any part of the proceedings to any person or group of people after consultations with the Church Attorney and the Respondent’s Attorney, and, where appropriate, the Bishop. (Title IV.13.8)

It is the Hearing Panel’s responsibility to determine the credibility, reliability, and weight to be given to all testimony and other evidence. (Title IV.13.10) The President of the Hearing Panel regulates the course of the Hearing in a manner designed to promote the full disclosure of relevant facts. In exercising this responsibility, the President:

May exclude evidence that is irrelevant, immaterial, or unduly repetitious
Must exclude privileged evidence
May receive documentary evidence in the form of copies or excerpts
May take official notice of any facts from other proceedings
May not exclude evidence solely because it is hearsay
Shall afford the Church Attorney and the Respondent reasonable opportunity to present evidence, argue and respond to argument, conduct cross-examination, and submit rebuttal evidence
May, at the discretion of the Hearing Panel, give persons other than the Church Attorney and the Respondent opportunity to present oral or written statements at the Hearing

The Canons authorize the Hearing Panel to take reasonable measures to protect the integrity of the Hearing, including the imposition of sanctions on any person who is disruptive, dilatory, or acts in any manner contrary to the integrity of the proceedings. (Title IV.13.10(c))

At the conclusion of the Hearing, the Panel meets privately to reach a determination of the matter by either a dismissal of the matter or the issuance of an Order. (Title IV.13.12) If the Panel issues an Order, that Order shall include the reasons. If the Panel determines to dismiss the matter, it issues an Order of Dismissal including the reasons for the dismissal, and which may contain findings exonerating the Respondent. (Title IV.13.13) If the resolution is an Order other than an Order of Dismissal, the Order must comply with the canonical requirements for Orders including promoting the values of Title IV as stated in Canon 1. (Title IV.13.14) The Canons do require that the Hearing Panel, before issuing the Order, afford the Bishop, the Respondent, and the Complainant each an opportunity to be heard on the proposed terms of the Order.

The Hearing Panel is responsible to make documents available to the members of the Church and the Church media, as set forth in Title IV.13.3 and subject to redactions or exclusions as may be determined by the Hearing Panel. This is expected to include, at a minimum, posting the documents on the diocesan website. For matters in which the Respondent is a Bishop, this includes posting on the Episcopal Church website and the General Convention website.

Participants

The Complainant is entitled to be present throughout the Hearing Panel proceedings to observe the Hearing, and may be accompanied at the proceedings by a person of his or her own choosing in addition to his or her Advisor. The Complainant will normally be expected to testify at the Hearing as a witness. Before the conclusion of the Hearing Panel proceedings, if there is to be an Order other than a dismissal, the Complainant has a right to be heard on the terms of the Order.

The Respondent is expected to be present throughout the proceedings before the Hearing Panel. Typically, the Respondent will be called to testify and is represented by Counsel throughout the Hearing. The Respondent is also entitled to have his or her Advisor present.

The Bishop normally does not attend the Hearing Panel proceeding unless the Bishop is expected to be a witness or is the Complainant. Following the proceedings, before the Hearing Panel issues an Order, the Bishop is given an opportunity to be heard on the terms of the Order.

The Hearing Panel is entitled to engage consultants if there is a need. The Chancellor may be involved in helping to secure the services of appropriate consultants for the Hearing Panel. The Chancellor may also be involved in training activities for the Hearing Panel prior to the proceedings. The Chancellor may be requested to provide advice and counsel regarding the terms of a proposed Order before the Bishop meets with the Panel to present any views on those terms important to the Bishop.

The Advisors for the Complainant and Respondent are invited to be present throughout the proceedings before the Hearing Panel to advise their respective clients regarding the procedural developments in the Hearing, as may be requested by their clients.

The Church Attorney is present throughout the Hearing Panel proceeding to represent the Church in presenting the case against the Respondent, calling witnesses, providing argument on legal and canonical matters to the Hearing Panel, and in arguing for appropriate sanctions against the Respondent based on the evidence of the proceedings. The Church Attorney is responsible to help preserve the integrity of the Hearing.

The Respondent’s Attorney is present throughout the Hearing Panel proceeding to present the defense on behalf of the Respondent, call witnesses, and present tangible evidence as appropriate to the subject matter. Respondent’s Attorney is expected to argue legal and canonical issues on behalf of the Respondent and to advise the Respondent on matters of concern to the Respondent as the Hearing proceeds. Respondent’s Attorney is also expected to exercise care to preserve the integrity of the Hearing.

Investigators are almost always expected to testify at the proceeding before the Hearing Panel. This is especially the case when physical or tangible evidence or documents were obtained by the Investigator during the investigation of the allegations.

The Hearing Panel acts as judges, with the President of the Panel acting as the Chief Judge in convening and conducting the trial of the disciplinary matter. The regulation of the Hearing in a manner designed to promote full disclosure of valid facts, the treatment of those attending and participating in the Hearing, the deliberation of the Panel regarding its determination and outcome, and the development of the Order at the conclusion of the proceeding must all reflect the values of Title IV as expressed in Canon 1.