# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_September 3 4 2011_S65 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) Appendix B Decision of Final Hearing Panel Names of Persons Involved: Suspended Member: ___________________________ Synod President: ___________________________ Hearing Information: • [Provide date, place, and time of hearing(s); persons present; names of witnesses, if any; general outline of hearing(s).] Issues to Be Decided: The main issue to be decided by the panel: • Should the suspension of [name] be upheld, or should the suspension not be upheld and the full membership of the accused in the Synod be restored? In order to answer the main issue, the following sub-issues were decided: • Was proper procedure followed by the President of the Synod in suspending the member of the Synod (Constitution, Art. XIII 2; Bylaws 2.15.3–2.15.9.3)? • Was clear and convincing evidence provided to support the accusations that led to suspension? • Was the burden of proof for expulsion under Bylaw section 2.15 and Article XIII 1 of the Constitution of the Synod met by the President of the Synod? Summary of Decisions on the Issues: • The panel determined that proper procedure [was/was not] followed by the President of the Synod in suspending the member of the Synod. • The panel determined that clear and convincing evidence [was/was not] provided to support the accusations that led to suspension. • The panel determined that the burden of proof for expulsion under Bylaw section 2.15 and Article XIII of the Constitution [was/was not] met. • Therefore, the panel has determined that the decision to suspend [should/should not] be upheld. 34