Defendants in Saint Thomas Church Fifth Avenue lawsuit reportedly attempting to violate Title IV, even in the midst of litigation
A source close to St. Thomas Church Fifth Avenue has told Anglican Watch that one or more of the defendants in the current lawsuit against the church and the Diocese of New York may be attempting to violate the church’s canons by attempting to obtain a non-disclosure agreement (NDA) from the plaintiff. While we have not yet been able to confirm the reports, if true they represent yet another flagrant violation of church canons by the church and the diocese.
Specifically, resolution 2023-A024, which was concurred by the House of Bishops, is a revision to Title IV that took effect on January 1, 2025, and reads as follows:
Resolved, That the 81st General Convention enact Canon IV.14.14 as follows:
Sec. 14. No Accord or civil settlement agreement may prevent or restrict the disclosure of factual information related to any alleged Offense under this Title. Notwithstanding this Section, an Accord or civil settlement agreement may preclude the disclosure of the identity of an alleged Injured Person, or of an amount paid to settle a claim or obtain a release of civil liability.”
Although we are still attempting to obtain independent verification of these reports, Anglican Watch has notified Bishop Alan Shin (who is handling the Title IV complaints), one of the diocesan chancellors, and intake officer Alison Quin of our concerns.
To be clear, while a speedy settlement is in the best interest of all parties, any resolution of the litigation and Title IV claims must adhere to the utmost standards of integrity and fully comply with all church canons. Additionally, any NDA that addresses any issue beyond the amount of a possible settlement must be entirely at the discretion of the plaintiff/complainant and be voidable in his sole discretion.
Anglican Watch remains deeply concerned and troubled about the Diocese of New York’s ongoing mismanagement of the Title IV process, its conduct toward the alleged victim, and the overall lack of integrity in the diocese’s handling of this matter. In addition, multiple unauthorized disclosures of information by Carl Turner and others involved in the process serve only to erode trust in diocesan officials and Title IV judicatories.
I don’t understand the two concepts here. An agreement can’t prevent disclosure. Then it says, ‘an accord…may preclude the disclosure. ..’ Can someone explain?
An NDA that prohibits disclosure of misconduct in the church is expressly forbidden by canon. It’s also unethical, as the story of abuse belongs to the victim, not the church. For a related discussion, see: https://www.wgaeast.org/organize/digital/industry-organizing/no-ndas/
That said, a complainant or litigant who wishes to remain anonymous may ask for an NDA to protect his identity. And as part of a settlement or Title IV accord, the church may request that the amount of cash paid to the victim of misconduct be kept confidential via an NDA.
Meanwhile, the information we have received suggests that the defendants in the current lawsuit may be trying for broad-brushed NDAs. That’s not going to fly.