# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_February 23 2013_S20
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

1.10.15.2 The hearing facilitator shall be selected as follows:
(a) Three names shall be selected by a blind draw according to the SOPM from the hearing
facilitator roster.
(b) No hearing facilitator shall be from the district in which the dispute arose or from any
district in which a party holds membership or from any of the panel members’ districts.
(c) The list….

(H) Responsibilities of an Appeal Panel
(Bylaw 1.10.8.2)
Rationale
Current Bylaw 1.10.8.2 provides no detail regarding the responsibilities of an Appeal Panel. Such
responsibilities and accompanying guidelines are currently provided in detail in the Bylaw section 1.10
Standard Operating Procedures Manual (SOPM). The Commission on Handbook proposes the following
bylaw additions to include these SOPM provisions in the Handbook of the Synod.
PRESENT/PROPOSED WORDING
1.10.8.2 Within 30 days after receipt, an Appeal Panel shall be selected in the prescribed manner, and
the Secretary of the Synod shall send the appeal to each member.
(a) Copies of the entire official record of the case, including the full report of the reconciler,
the decision and all documentary evidence considered by the Dispute Resolution Panel, and
the written appeal request shall be provided to the members of the panel. The panel shall
make its decision on the basis of the minutes and written decision of the Dispute Resolution
Panel and the documentary evidence received and reviewed.
(b) The panel shall concern itself only with those issues originally addressed by the Dispute
Resolution Panel, unless issues were identified by the Dispute Resolution Panel for which it
did not make a decision.
(c) The panel shall decide only whether to approve reconsideration of the decision of the
Dispute Resolution Panel. The panel shall not approve a request for a new hearing on the
basis of newly discovered evidence unless such evidence was clearly not available to the
Dispute Resolution Panel and was not the fault of the party requesting the reopening of the
case, and unless it is clear that the absence of such evidence resulted in a gross miscarriage
of justice.
(d) The standards of review, which define the parameters for the panel’s consideration of an
appeal, limit the panel’s review to three (3) basic areas:
(1) Factual findings: The Appeal Panel shall review factual findings of the Dispute
Resolution Panel only to determine if they are supported by evidence. The Appeal
Panel shall not ordinarily sit in judgment of the Dispute Resolution Panel’s conclusions
regarding evidence, since that panel was in the best position to judge factual issues. The
Appeal Panel must be convinced that a mistake has been committed, that is, that the
evidence is such that reasonable minds could not disagree.
(2) Conclusions on authority: The Appeal Panel may approve an appeal if the Dispute
Resolution Panel was clearly outside its authority, e.g., a decision that the panel had no
authority to make under the Constitution and Bylaws, or a decision on an issue not
identified by the Dispute Resolution Panel, or a decision on a theological question that
the panel had no authority to make.
Page 90 – 02.23.13 – COH Minutes