Updated yet again Saturday (scroll down)
The President of Tribunals, Dame Sarah Asplin has issued her decision, dated 28 May, concerning the CDM complaint made last November by Graham Ward in respect of the alleged conduct of Martyn Percy on 4 October. This follows an investigation by the Designated Officer, whose report she received on 25 May.
We first reported on this matter on 19 November, and then again on 9 January, 8 February, 19 February, 11 March, 17 March. This decision reported today relates only to the CDM action, not to the other complaints made elsewhere.
A redacted version of her decision (3 pages) can be found here. I recommend reading it in full. It concludes thus:
9. When determining whether there is a case to answer upon which a disciplinary tribunal should adjudicate, I must also bear in mind that the CDM is designed to deal with serious misconduct and that section 8(1)(d) of the CDM should be read in that light. Proportionality must also be borne in mind. Would it be proportionate to refer this matter to a tribunal for adjudication?
10. In my judgment, having considered all the evidence including the interviews conducted by the Designated Officer, the answer is “no”. Although I do not intend to trivialise Ms X’s allegations in any way, it seems to me that it would not be proportionate to refer this matter to a tribunal. The incident itself was extremely short, the alleged hair stroking was even shorter and the language and the conduct as a whole was not overtly sexual. If this is put together with: the fact that Ms X accepts that she was not upset in any way; stated originally that she was not perturbed (albeit she told the police that she was concerned what would happen next); the incident took place in a room which was or could be accessed by others; and Miss X stated that she would have accepted an apology if the Dean had admitted what she says took place, it seems to me that it is entirely disproportionate that this matter should be referred to a tribunal. When arriving at this conclusion I also take into account that Christ Church itself has instigated its own inquiry into the incident. It seems to me therefore, that there is another means of redress which is a more proportionate means of addressing alleged incidents. Accordingly, whilst in no way condoning the alleged behaviour, if it is proved to have taken place, I consider that this matter is not suitable to be referred to a tribunal.
The Church Times reports, with some additional detail: Dean Percy allegation does not warrant a CDM tribunal, judge rules.
Among the extra information, the appointment of Rachel Crasnow QC as chair of the new tribunal convened by Christ Church, is reported.
The reference in the decision to a letter from WSLaw is amplified:
Dame Sarah says in her Decision that she has “taken no account” of an email by Alison Talbot of Winckworth Sherwood, the law firm that has been representing Christ Church in its actions against Dean Percy. In the email, Ms Talbot is concerned that the CDM process might give weight to a legal opinion commissioned by friends of the Dean from the human-rights barristers Edward Fitzgerald QC and Paul Harris in March, that the alleged incident “even if true, could not justify the decision to appoint the second tribunal” at Christ Church.
Ms Talbot writes: “In case any weight is being placed on that opinion by either the NST or those conducting the CDM process we would like to make it clear that we consider that opinion to have been based on only part of the facts and ChCh has had several opinions from highly qualified legal experts expressing the contrary view.”
Christ Church has issued the following statement today:
Christ Church statement in response to media interest
1 June 2021
When a current member of Christ Church staff made an allegation of sexual harassment against a senior member in October 2020, we followed our formal internal processes. It is important that every member of our community has the right to come forward and make such a complaint, and Christ Church unequivocally condemns sexual harassment in any form.
Christ Church, as an employer, a charity, and an educational and religious institution, will always treat such an allegation with the utmost seriousness. In March 2021, Christ Church published an independent report by President of Welsh Tribunals, Sir Wyn Williams, to provide external, transparent scrutiny of the disciplinary processes it is following, including the setting up of a tribunal in accordance with its statutes. In his report, Sir Wyn Williams concluded, “I have no doubt that establishing a tribunal is a responsible use of charitable resource and in the best interests of Christ Church.” The tribunal process is continuing and there will be no further updates at this time, nor will Christ Church comment on any separate, external processes.
Each of these blog articles contains a detailed analysis of how this CDM decision may affect the other, parallel, pending investigations. And there are now also two mainstream media reports:
Two more articles:
Another announcement from Christ Church: Christ Church confirms internal disciplinary tribunal
4 June 2021
Christ Church has confirmed that a disciplinary tribunal is proceeding, in order to consider an allegation of sexual harassment made by a junior member of staff against a senior member in October 2020. In March 2021, Christ Church published an independent report by President of Welsh Tribunals, Sir Wyn Williams, to provide external scrutiny of the actions it has taken, including the setting up of a tribunal in accordance with its statutes. In his report, Sir Wyn Williams concluded, “I have no doubt that establishing a tribunal is a responsible use of charitable resource and in the best interests of Christ Church.”
The same allegation of sexual harassment was considered by the Church of England under the Clergy Discipline Measure. The decision taken by Dame Sarah Asplin, President of Tribunals, was not to refer the case to a church tribunal in addition to Christ Church’s own inquiry. Dame Sarah stated, “When arriving at this conclusion I also take into account that Christ Church itself has instigated its own inquiry into the incident. It seems to me therefore, that there is another means of redress which is a more proportionate means of addressing alleged incidents.”
A spokesperson for Christ Church said:
“Christ Church unequivocally condemns sexual harassment in any form. It has been clearly stated by both Sir Wyn Williams and Dame Sarah Asplin that a Christ Church disciplinary tribunal is the right place for this allegation to be considered thoroughly. We continue to be appalled at attempts in the media and online to discredit the complainant, question her motives, and to prejudge the proper process. For the sake of all concerned, including the complainant, the respondent, and everyone within our community, the tribunal should now be allowed to take place and reach a conclusion without further external pressure.”