Restorative Justice in the Book of Discipline

359.1.a)   Restorative Justice—A goal for all complaint procedures is Biblical justice or restorative justice, which is a justice  that seeks to repair the harm to people and communities that is created by the breach of trust, to achieve real accountability by making things right insofar as possible, and to bring healing to all that have been harmed, to the offender and to the community of the Church.   Restorative justice is about healing and restoring community.  The process of seeking restorative justice is a collaborative process:  one that is tailored to meet the needs of all the parties, that engages the people necessary to reach an agreement, that involves dialogue whether direct or indirect, and that involves all the parties in determining what is a just resolution under all the circumstances.  This is a non-judicial proceeding and, unless otherwise agreed by the parties, what is said by the parties shall be confidential and not used in any Church proceeding and, to the extent possible by law, in a civil or criminal proceeding.   Such processes that seek restorative justice are encouraged at any point in the complaint procedure.

359.1)c)  Last sentence to read:  Seeking restorative justice, the supervisory response may include a collaborative process in which the parties are assisted by a trained, impartial third party facilitator(s) or mediator(s).

in reaching an agreement satisfactory to all parties.

359.2.g)  In seeking restorative justice through a collaborative process, the appropriate persons, including a cabinet member, should enter into a written agreement outlining the restorative justice process.  As part of the agreement, the parties shall agree on any matters that do not need to be kept confidential.  If resolution is achieved, a writing, affirming such resolution, shall be signed by all participants.  Such a writing shall be given to the person in charge of that stage of the process (e.g. bishop, chair of board of ordained ministry) for further action.

359.3     Underlined material would read:  The board may refer the matter as deemed appropriate for a restorative justice process to the resident bishop.  The bishop shall institute such a process and may use the assistance of a trained, impartial third party facilitator(s) or mediator(s).  Such referral will not constitute a dismissal.  If the restorative justice process results in resolution, the signed resolution shall be given to the board, and the board may dismiss the matter or take such other action as deemed appropriate.  If the process does not result in resolution, it may be returned to the board.

413. 3   The second sentence will be replaced by the following:  In seeking restorative justice, the supervisory response may include a collaborative process in which the parties are assisted by a trained, impartial third party facilitator(s) or mediator(s) in reaching an agreement satisfactory to all parties.  The appropriate persons, including the President of the College of Bishops, should enter into a written agreement outlining such restorative justice process.  As part of the agreement, the parties shall agree on any matters that do not need to be kept confidential.  If resolution is achieved, a writing, affirming such resolution, shall be signed by all participants.  Such a writing shall be given to the person in charge of that stage of the process for further action.   (I would delete the last full sentence on that page as it is dealt with above.)

2701.9   Processes that seek restorative justice are encouraged at any point in the complaint and judicial procedure.  If a restorative justice process is used, the appropriate persons, including the counsel for the Church, should enter into a written agreement outlining such restorative justice process.  As part of the agreement, the parties shall agree on any matters that do not need to be kept confidential.  If resolution is achieved, a writing, affirming such resolution, shall be signed by all participants.  Such a writing shall be given to the person in charge of that stage of the process (e.g. chair of the committee on investigation or presiding officer) for further action.   (See 359.1a for a discussion of restorative justice.)

2706.5.c)(3)    The committee may refer the matter as deemed appropriate for a restorative justice process to the resident bishop upon consultation with the counsel for the Church and counsel for the respondent.  The bishop shall institute such a process and may use the assistance of a trained, impartial third party facilitator(s) or mediator(s).  Such referral will not constitute a dismissal or double jeopardy under 2701.5. The appropriate persons, including the counsel for the Church, should enter into a written agreement outlining the restorative justice process.  As part of the agreement, the parties shall agree on any matters that do not need to be kept confidential.  If resolution is achieved, a writing, affirming such resolution, shall be signed by all participants.  Such a writing shall be given to the chair of the committee on investigation for further action.  The committee may dismiss the matter or take such other action it deems appropriate.  If the process does not result in resolution, the matter shall be returned to the committee.

2708.3   The underlined portion at the end.  The presiding officer may refer the matter as deemed appropriate for a restorative justice process to the resident bishop upon consultation with the counsel for the Church and counsel for the respondent.  The bishop shall institute such a process and may use the assistance of a trained, impartial third party facilitator(s) or mediator(s).  Such referral will not constitute a dismissal or double jeopardy under 2701.5. If a restorative justice process is used, the appropriate persons, including the counsel for the Church, should enter into a written agreement outlining such restorative justice process.  As part of the agreement, the parties shall agree on any matters that do not need to be kept confidential.  If resolution is achieved, a writing, affirming such resolution, shall be signed by all participants.  Such a writing shall be given to the presiding officer and the presiding officer may dismiss the matter or take such other action as the presiding officer deems appropriate.  If no resolution results, the matter is returned to the trial process for further action.