LCMS Convention Proceedings St. Louis, Missouri — 2004, Page 175

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ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION
to terminate, suspended status shall be considered removed
immediately upon the vote of the congregations.
2. If the decision results in the expulsion of the synodical
President from membership, the First Vice-President of the
Synod shall carry out the decision and the decision shall be
publicized as deemed appropriate under the circumstances
by the First Vice-President of the Synod. Article XI C 2 of
the Constitution takes effect immediately. The decision of
the District Presidents or the member congregations shall
have no precedential value and shall be final and binding
and not subject to further appeal.
i. The synodical President (the previous First Vice-President) shall take those steps necessary to assure that the
spiritual needs of the terminated synodical President are
attended to and shall continue efforts to resolve those matters which led to the commencement of the formal action
against him.
j. The Synod is encouraged to continue financial support,
existing housing, and insurance of the accused synodical
President at least until the final decision is rendered.
k. Any District President participating in this bylaw procedure who violates any of the requirements or procedures
in this bylaw or is persistent in false accusations is subject
to the same disciplinary measures as set forth in Bylaws
2.26 or 2.27. Violations of the prohibition against publicity
while a matter is still undecided or while an appeal is contemplated or pending (paragraph e 6 above) by any of the
parties involved are specifically included as violations subject to the same disciplinary measures set forth in Bylaws
2.26 or 2.27.
l. In consultation with the Secretary of the Synod and
with the concurrence of the Council of Presidents, the Commission on Constitutional Matters shall develop and amend
as necessary a Standard Operating Procedures Manual
which will serve as a comprehensive procedures manual for
the bylaw provisions set forth in Bylaw 2.28.
2.29 Expulsion of Individuals from Membership
in the Synod Resulting from Sexual Misconduct
or Criminal Behavior
The action to commence expulsion of an individual from
membership in the Synod is the sole responsibility of the
District President or the synodical President who has the
ecclesiastical supervision of such member. This bylaw provides the procedure to carry out Article XIII of the Constitution, “Expulsion from the Synod,” as regards “offensive
conduct” of individual members of the Synod involving sexual misconduct or criminal behavior.
For a definition of terms used in this bylaw, see the “Definition
of Terms” under Bylaw 2.26.

a. Prior to any formal written complaint or accusation,
when any person is aware of information or facts which
could lead to the expulsion of an individual member, including a District President, an officer of the Synod, or the
synodical President under Article XIII of the Constitution
for alleged sexual misconduct or criminal behavior, the person shall consult with the appropriate ecclesiastical supervisor, which would be a District President of the Synod or
the synodical President, to seek advice, direction, and spir-

175

itual ministry as the needs and circumstances dictate. If
the accused is the synodical President, the person shall consult with the chairman of the Council of Presidents.
In regard to this consultation:
1. The appropriate ecclesiastical supervisor may consult
with any others as considered appropriate under the circumstances;
2. If the accuser is a member of the LCMS or a member
of an LCMS congregation, the ecclesiastical supervisor
shall discuss with the accuser whether this bylaw provision
or Chapter VIII of the Bylaws is appropriate under the circumstances;
3. The ecclesiastical supervisor shall provide evangelical supervision, counsel, and care;
4. The ecclesiastical supervisor shall advise the accuser
that it is understood that he/she shall not be put under risk
by requiring the accuser to carry out the guidelines of Matt.
18:15 face-to-face with the accused. However, the reputation of all parties, the accuser and the accused, is to be protected as commanded in the 8th Commandment.
b. Under this bylaw, the ecclesiastical supervisor of the
accused shall commence action when he becomes aware of
information or facts that could lead to expulsion of the
member from the Synod under the provisions of Article XIII
of the Constitution. The District President, the synodical
President, or the chairman of the Council of Presidents may
become aware of such information or facts by his own personal knowledge. Such information or facts may also be
conveyed to him in a formal written complaint or accusation made by any person. In commencing such action, the
ecclesiastical supervisor of the accused shall:
1. Determine whether the provisions in Bylaw 2.29 a
have been followed, and thoroughly investigate whether the
allegations of the accuser can be substantiated. He may appoint a small investigation committee (cf. Bylaw 4.75);
2. Inform the accused of the accusation at the earliest
appropriate time (cf. Matt. 18:15);
3. In the event the District President has a conflict of interest or is unable to act, the next qualified officer of the
District shall function in his place. The President of the
Synod, who is ecclesiastical supervisor of the District President, shall determine any challenge to the eligibility of the
District President to act, which is not agreed to by the District President;
4. In the event the District President is the accused, the
President of the Synod shall function in this instance;
5. In the event that the accused is an officer of the
Synod, the President of the Synod shall function in this instance;
6. In the event that the accused is the President of the
Synod, the chairman of the Council of Presidents shall
function in this instance, and the matter shall thereafter
proceed as set forth in Bylaw 2.28 c 1.
c. In the determination whether or not to initiate formal
proceedings, the District President may form a Referral
Panel consisting of three Circuit Counselors of the District.
If three Circuit Counselors from the District are not available to serve by reason of conflict of interest or otherwise,
2004 Convention Proceedings