# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_September 3 4 2011_S52
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

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and initiating formal proceedings for expulsion of the member from the Synod when warranted under Art.
XIII of the Constitution.
Sensitivity shall continue to be shown to all victims of the actions of the accused, to include referral to
professional resources as necessary for assistance in assessing needs and obtaining resources for restoration
and healing.
Diligent attention shall continue to be given to enabling the accused to take full responsibility for wrongful
behavior and its consequences and to make use of the services of qualified professionals to assist with
moral and spiritual rehabilitation.
In the case of a suspension, the President of the Synod shall inform and spend time with the family of the
worker to assess needs, provide reasonable support, and offer referral to competent professional care as
appropriate.
Accurate information on a need-to-know basis and as judged necessary and helpful by the President of the
Synod shall also be provided by the President of the Synod to others affected by the investigation and the
decision to suspend.
Leaders of affected congregation(s) and the church-at-large shall be consulted to evaluate needs for
information and assistance, especially when misconduct has been established and/or a resignation has been
tendered.
District and Synod legal counsel shall be consulted if the accused threatens legal action or is represented by
counsel to determine the need to inform insurers and as otherwise deemed appropriate by the President of
the Synod or his representative.

3. Commencing Formal Proceedings (Bylaw 2.15.6)
3.1 President of Synod provides notification of suspended status
If the President of the Synod or the Referral Panel concludes that the facts form a basis for expulsion of
the member under Article XIII of the Constitution, the President of the Synod, in commencing the formal
proceedings, shall:
(a) provide to the member a written notification of the member’s suspended status under Bylaw
2.13.4; [2.15.6 (a)]
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When possible, notification shall be made in a manner that results in a signed receipt to verify delivery,
thereby to provide evidence that the notification was received by the accused member and to establish the
date of its receipt.
In the event that a party cannot be located or appears to be avoiding the process by refusing to sign a
delivery receipt, ordinary first class mail sent to the last known address with allowance for sufficient time
for delivery shall, after two failed delivery attempts by certified or other signature-requiring mail, suffice to
provide notice.
The notification of suspended status shall include reference to Bylaws 2.13.4–2.13.4.3 and their provisions
for such status.

3.2 President of Synod provides statement with facts to the accused
(b) provide to the member a written statement of the matter which sets forth the facts and states that
he is requesting expulsion of the member from the Synod in accord with Article XIII of the
Constitution;… [2.15.6 (b)]
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The written statement of the matter requires careful preparation, since it will serve as the basis for the
proceedings that follow. It will also serve as the subject of the defense by the accused. The statement
should be concise, contain factual assertions regarding the issues of the case, and demonstrate their
relevance to Art. XIII of the Constitution and its stated causes for expulsion from membership in the
Synod. This statement becomes a part of the official record of the matter maintained by the President of the
Synod.

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