LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 38

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II. General Regulations for Bylaw Section 2.15
A. Purpose of General Regulations: These general regulations shall serve as guidelines for the
implementation of Bylaw section 2.15 to ensure consistency and uniformity in the process. They
shall also further define the guidelines referenced in Bylaws 2.15.7.8 and provided in Bylaws
2.15.9–2.15.9.3. If questions arise regarding proper procedure, they may be directed to the Secretary of the Synod or his designee via telephone, fax, or e-mail.
B. Process Administrator: The administrator of this process shall be the Secretary of the Synod.
Challenges to his impartiality shall be made to the President of the Synod, who shall, if
appropriate, appoint another administrator for the case.
When the Secretary is involved personally in a dispute, whether as a party, a witness, or someone
who has a direct interest in the outcome, an alternate administrator shall be appointed. If a party
intends to present testimony or evidence which would suggest the potential need for the Secretary
to become a witness, such intention shall be raised in a timely manner so that the Secretary will
have opportunity to recuse himself and a replacement administrator can be appointed.
C. Definitions of Terms: Definitions of key terms used in this Standard Operating Procedures
Manual as well as throughout Bylaw section 2.15 are provided by Bylaw 2.14.2, as follows:
2.14.2

The definitions of terms used in this bylaw are as follows:
(a) Accused: The party named by the accuser as being in violation of Article XIII and under the
procedural ecclesiastical supervision of Bylaw sections 2.14−2.17.
(b) Accuser: The party who accuses a member under the provisions of Article XIII through the
process of Bylaw sections 2.14−2.17.
(c) Conflict of interest: Representation of two opposing interests. Carrying out the responsibility of
ecclesiastical supervision does not give rise to conflict of interest.
(d) Ecclesiastical supervision: See Bylaw 1.2.1 (g).
(e) Face-to-face: A face-to-face meeting in person between the accuser and the accused in the manner described in Matthew 18:15. E-mail, regular mail, fax, or telephone call (or any combination
thereof) does not satisfy this requirement. (Note: Failure to conduct a face-to-face meeting within 30
days or within such extension as may be established by the involved ecclesiastical supervisors shall
result in dismissal if the fault lies with the accuser or movement to the next stage if the fault lies with
the accused.)
(f) Facts: Substantiated information of an alleged accusation.
(g) Fails to act: No measures initiated within the required period of time to ascertain the truth or
falsity of the accusations, or the stifling of a complaint by the refusal to act.
(h) Final Hearing Panel: Two district presidents and a lay reconciler, assisted by a hearing facilitator, who when the decision of the Hearing Panel is appealed shall be selected according to these
bylaws to give a final hearing.
(i) Formal Proceedings: The proceedings that begin with the suspension of a member.
(j) Hearing Facilitator: One selected by blind draw by the Secretary of the Synod as described in
Bylaw 1.10.13.2, trained to serve as a facilitator for hearings before panels.
(k) Hearing Panel: Two district presidents and a lay reconciler, assisted by a hearing facilitator,
selected according to these bylaws to hear the matter and render a final decision unless appealed.
(l) Investigation Committee: Any number of persons appointed by the ecclesiastical supervisor to
investigate thoroughly to determine the facts in the matter prior to the determination whether or not
to proceed.
(m) Own personal knowledge: A personal witness to the alleged violation—not second-hand or
hearsay information.

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