LCMS Convention Proceedings St. Louis, Missouri — 2016, Page 217

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ral Panel, which request the district president must
grant. If the provisions of Bylaw 2.14.4 have not been
carried out, the Referral Panel shall carry out these
provisions in the process of making its determination
whether or not to initiate formal proceedings. If the
district president fails to act or declines to suspend
the member within 90 days after receipt of the written complaint or accusation, the accuser may present
the written complaint or accusation to the President
of the Synod. If after investigation the President of the
Synod determines that the facts are such that it could
lead to expulsion of the member under Article XIII
of the Constitution, the President of the Synod shall
designate one of the vice-presidents of the Synod to
proceed in the same fashion as is hereafter required
of the district president. If the President of the Synod
determines not to proceed, they shall in writing so
inform the complainant and the involved member,
which shall terminate the matter.
Commencing Formal Proceedings
2.14.65

If the district president or the Referral Panel concludes that the facts form a basis for expulsion of the
member under Article XIII of the Constitution, the
district president in commencing formal proceedings shall …

[Additionally: the following are related changes unique to Bylaw
section 2.15 “Expulsion of a District President or Officer from Membership in the Synod.”]
Referral Panel
2.15.5
In the determination of whether or not to initiate
formal proceedings, the President of the Synod may
form a Referral Panel consisting of three district presidents.

2.15.5.1

(a) This panel shall be formed by blind draw, shall
not include the district president that is a party to
the matter or the district president or an accused
officer or the district president of the accuser.
(b) The blind draw shall be administered by the
chairman of the Council of Presidents audited by
witnesses.
After reviewing the accusation and the results of
the investigation, the Referral Panel shall make the
determination whether or not to initiate formal proceedings.

2.15.45.2 Whether made by the President of the Synod or the
Referral Panel, if If the determination of the President
of the Synod is not to initiate formal proceedings, he
the President of the Synod shall in writing so inform
the accuser, any other district president involved, and
the accused officer of the Synod or district president
involved member, which shall terminate the matter,
unless the accuser presents the written complaint or
accusation to the chairman of the Council of Presidents as provided below (Bylaw 2.15.4.3).
“12. Ecclesiastical Supervision and Dispute Resolution”

2.15.45.3 If the President of the Synod declines to suspend the
officer of the Synod or district president or fails to act
within 90 days after receipt of the written complaint
or accusation, fails to act within 60 days after receipt
of the formal written complaint or accusation, the
accuser may present a formal written request to the
President of the Synod for the forming of a Referral Panel, which request the President of the Synod
must grant. If the provisions set forth in Bylaw 2.15.4
have not been carried out, the Referral Panel shall
carry out these provisions in the process of making
the determination whether or not to initiate formal
proceedings. the accuser may present the written complaint or accusation to the chairman of the
Council of Presidents or next qualified officer of the
Council of Presidents. If, after investigation and consultation with other district presidents as he sees fit,
the chairman of the Council of Presidents determines
that the facts are such as could lead to the expulsion
of the member under Article XIII of the Constitution, the chairman of the Council of Presidents shall
proceed in the same fashion as is hereafter required
of the President of the Synod. If the chairman of the
Council of Presidents determines not to proceed, he
shall in writing so inform the complainant and the
involved member, which shall terminate the matter.
Commencing Formal Proceedings
2.15.56
If the President of the Synod or the chairman of the
Council of Presidents 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 or the chairman of the Council of Presidents in commencing formal proceedings
shall …
[Additionally: the following are related changes unique to Bylaw section 2.17 “Expulsion of Individuals from Membership in the Synod
as a Result of Sexual Misconduct or Criminal Behavior.”]
Referral Panel
2.17.5
In the determination whether or not to initiate formal proceedings, the district president may form a
Referral Panel consisting of three circuit visitors of
the district.

2.17.5.1

(a) If three circuit visitors from the district are not
available to serve by reasons of conflict of interest or otherwise, the district president may select
a sufficient number from other districts in order
to form the panel.
(b) This panel shall be formed by blind draw
and shall not include the circuit visitor of the
accused or the accuser. The blind draw shall be
administered by the district president audited by
witnesses.
In the event that the accused is a district president,
an officer of the Synod, or the President of the Synod,
U P O N T H I S R O C K • Resolutions

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