LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 40

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G. Investigations: A thorough investigation shall be conducted by the Synod president or an
investigation committee in every case (Bylaw 2.15.4 [a]). During the investigation, every effort
shall be made to protect the anonymity of the accuser and the reputation of the accused. The
investigation shall be conducted to determine the truth of the accusation(s), to assess the full
extent and consequences of any misconduct, and/or to determine whether the facts learned form a
basis for expulsion of the accused member from the Synod under Article XIII of the Constitution.
H. Provision of Notices: In the Bylaw section 2.15 process, notices are often required to be sent by
certified mail or such other means as will result in a signed receipt to provide evidence of the
delivery of the notice and to determine the date of inception of time frames incorporated in the
bylaws. In the event that a party cannot be located or seeks to avoid the process by refusing to
sign a delivery receipt, ordinary first class mail sent to the last known address and allowance for
sufficient time for delivery shall, after two failed delivery attempts by certified or other signaturerequiring mail, suffice to provide notice.
I.

Evangelical Care: The ecclesiastical supervisors of the accused and, when applicable, of the
accuser(s) shall take those steps necessary to attend to the spiritual needs of all those affected,
continuing efforts to resolve matters even when formal action is the outcome (Bylaw 2.15.9).

J. Advisors: The accused may obtain at personal expense the assistance of individuals familiar with
the issues involved in the matter. The ecclesiastical supervisor may also obtain the assistance of
such advisors. Advisors may actively participate in research and preparation of necessary
documents.
During hearings, however, while the accused and the ecclesiastical supervisor may have a single
advisor present, they must represent themselves without public participation by their advisors.
These advisors may communicate orally or in writing with their advisees so long as such
communication is not disruptive. If the accused or the ecclesiastical supervisor does intend to
have an advisor present during a hearing, the panel chairman, the accused, and/or the
ecclesiastical supervisor shall be provided the name and address of the advisor at least five (5)
days in advance of the hearing.
K. Attendance at Hearings: The accused, the ecclesiastical supervisor, and their advisors, if any,
may be present at all phases of the hearing except deliberations. Subject to the discretion of the
panel as to the helpfulness of the presence of others at various times during the hearing process,
attendance at hearings shall be limited to the members of the panel, the accused, the ecclesiastical
supervisor, an advisor to the accused (if desired), an advisor to the ecclesiastical supervisor (if
desired), and witnesses (for such period of time as they provide testimony) who can substantiate
relevant facts to the matter.
L. Witnesses and Evidence: Accusers may be called as witnesses. All persons involved in hearings
shall cooperate with ecclesiastical supervisors, hearing facilitators, panels, and each other in
providing documents, names of witnesses, and other information that will contribute to an
understanding of the matter. They may offer any evidence that they consider fair, relevant, and
pertinent and shall produce any additional evidence that the ecclesiastical supervisors and panels
deem necessary. All documentation shall be adequately authenticated.
Although oaths are not administered, every witness shall be reminded prior to his or her
testimony of the importance of speaking the truth and speaking the truth in love. Witnesses
intended to provide “expert testimony” (v. factual testimony) shall be identified as such when

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