In our book A Church called Tov, we wrote this about NDAs in the strategy used by Christian organizations to silence critics:
Membership covenants are the not the only tool that churches use to silence people. Another way to prevent negative information from becoming known is through a nondisclosure agreement (NDA). We’re not talking about barring someone from taking proprietary information or specialized knowledge from one church to another. No, nondisclosure agreements are designed to silence people who know about bad things that happened behind the scenes and who agree to keep their mouths shut in exchange for some type of severance package or other compensation.
Julie Roys witnessed firsthand the dampening effect of nondisclosure agreements when she was researching her report on Harvest Bible Chapel:
Former Harvest elders, staffers, and members declined to speak on the record, citing nondisclosure and non-disparagement agreements they said Harvest pressured them to sign when they left. In the past several weeks, Harvest also has sent letters to some former employees threatening “legal recourse” should they violate their “agreements with the church.”
I (Scot) was in a conversation once with a pastor who told me he’d had to sign an NDA when he left a previous church. When I asked him some questions, all he could say in response was, “I won’t deny that,” or, “I would not dispute that.” By asking some very direct questions, I was able to glean information even from his indirect answers (which still kept him within the boundaries of his NDA), but the real issue is that people who sign NDAs are often rendered incapable of establishing justice by speaking truthfully about what they know or have seen or heard. …
I have happily become aware of both an American church and the Sydney Anglicans dissolving, releasing, and making a commitment not to use Non-Disclosure Agreements. You can find full documentation from the Sydney Anglicans here.
Photo by Tyler Duston on Unsplash
FOR IMMEDIATE RELEASE
Sydney Anglican Synod passes groundbreaking motion into NDAs
With over 600 parishes, organisations and schools under the umbrella of the Anglican Diocese of Sydney, after more than eight years of pushing for change by Uphold and others, the Sydney Anglican Synod recently passed a groundbreaking motion regarding non-disclosure agreements (NDAs).
Over eighteen months ago, an NDA Committee was convened by Synod Standing Committee and tasked with looking at the use of NDAs by parishes, organisations and schools in the diocese. After much work this committee produced a report that was against NDAs and sought to limit their use.
The report found that NDAs have been widely used in the Diocese of Sydney, and that it is possible they have been used to cover up ungodly behaviour. The writers of the report acknowledged that Sydney Anglican churches, organisations and schools have a long and shameful history of covering up sin.
After one amendment to the motion was debated, and subsequently opposed during the session held on Tuesday 24 September, the motion was passed by Synod with unanimous support.
In the Anglican Diocese of Sydney this now means that:
● NDAs will not be used to keep confidential anything except the details of any financial settlement as well as the nature of that settlement. Any NDA that contravenes the principles and recommendations of the report will be deemed not acceptable.
● Those who have signed NDAs in the past can approach (with a representative, if needed) parishes/organisations/schools and ask to be released from them.
● The Synod Standing Committee will publish a model policy and pledge to encourage each parish, organisation and school under its banner to adopt it.
Synod will consider a motion at its next session in 2025 which will recommend an apology to all those who have been subject to NDAs which contravene the principles and recommendations of the report.
Uphold encourages anyone who has signed an NDA with a Sydney Anglican Diocese parish, organisation or school to consider seeking release from it. If you need help in doing so Uphold can provide assistance, otherwise you can contact the relevant parish, organisation or school directly.
Uphold would like to give its great thanks to God for leading and guiding this process of much needed change. We would also like to recognise the work of the NDA Committee, in particular Chairperson Archdeacon Simon Flinders.
For those seeking assistance or further information please contact Uphold via email at contact@uphold.org.au
The full NDA Report can be found [at the link above] and the motion passed can be found [at the link above] (pages 18 – 19).
End of release.
What Laura and I finished our statement with now follows:
Churches that push NDAs in exchange for a severance package are already in thick with a toxic culture. Tov churches tell the truth. Tov churches do not use NDAs to prevent the truth from being told. There are no NDAs in the kingdom of God.
A few comments on the Sydney statement. First, I believe they need to state that they have provided severance packages with those who have them. This needs to be stated because church monies are being used. If someone with deep pockets is funding the severance, that needs to be stated, too.
Second, the names of churches that have used NDAs need to be disclosed. If the Sydney Anglicans don’t do this, social media will.
Third, any church or organization connected to the Sydney Anglicans needs to make a sweeping statement that all NDAs have been officially released. People should not have to ask for permission to be released. Sydney Anglicans, do it immediately.
Fourth, the “it is possible” statement needs to be revised; it’s weasely. This is followed by a wonderful admission: “Sydney Anglican churches, organisations and schools have a long and shameful history of covering up sin.” (By the way, this undermines the “it is possible” expression.) Thank you, too, for stating that you will apologize.
Finally, this statement needs to be revised with a sensitivity to the abused, the victims, and the survivors of these church machinations. The apology should be first; what was done needs to be named. You are Anglicans, you know what it means to confess your sins.
In spite of these comments, I applaud the Sydney Anglicans and call on churches and organizations the world over, especially in the USA, to follow the good work of these siblings of ours in Australia.
Thank you Scott.