LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 41

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their names are provided to the panel. The panel shall judge whether such testimony will be
necessary and helpful to reach a decision.
Prior to the final selection of a panel, parties may send copies of written documents or other
communications intended for distribution to the panel members and other party to the Secretary
of the Synod for distribution when a panel is in place. It is the responsibility of the hearing
facilitator and panel to establish the procedure to be followed to receive testimony and evidence
and to determine its relevancy and materiality to the issues of the suspension.
The accused and the ecclesiastical supervisor shall be provided ample opportunity to present their
positions.
(a) Any member of the Synod, officer of a congregation, or officer of any organization owned
and controlled by the Synod shall, when called upon to do so, testify or produce records
related to a dispute.
(b) Panels shall be the judge of the relevance and materiality of evidence offered. Relevance
of testimony will be determined by whether such evidence will support (or not) an issue in
contention.
(c) Conformity to legal rules of evidence shall not be necessary.
(d) Panels shall determine the number of witnesses necessary for a full and complete understanding of the facts involved in a matter. A panel may reject and not consider evidence or
testimony from a witness that it deems unnecessary or unhelpful to its consideration of the
issues in dispute. Testimony of witnesses via the Internet or other electronic means may be
received at the discretion of the panel.
(e) Except as specifically provided elsewhere in this manual, all evidence shall be taken in the
presence of all panel members, the accused party, and the ecclesiastical supervisor, except
when a party has waived the right or fails to be present.
M. Burden of Proof: Recognizing that commencement of formal proceedings for expulsion will
require the strongest proof available (both to be effective in confronting the accused to take
responsibility for wrongful behavior and to satisfy the burden of proof should a contested hearing
ensue), an ecclesiastical supervisor or panel should commence formal proceedings only when
satisfied that the quality, nature, and extent of the evidence available will likely prevail in a
contested hearing. Victims of improper conduct are entitled to be made aware that the failure to
make oneself available to testify, to provide written evidence, or to cooperate in the action will be
considered in the evaluation of the quality, nature, and extent of available evidence, and may
prevent the presentation of a case meeting the clear and convincing test required during a hearing.
N. Expenses: Accusers, the accused, and their witnesses shall assume their own expenses. Expenses
of ecclesiastical supervisors shall be borne by their districts, with the exception of the President of
the Synod and Secretary of the Synod, whose expenses shall be covered by the Synod. Expenses
of witnesses or evidence produced upon request of ecclesiastical supervisors or panels shall be
borne by their districts or the Synod, depending upon the origin of the request. The expenses of
Referral Panels, Hearing Panels, and Final Hearing Panels under Bylaw section 2.15 shall be the
responsibility of the Synod.
O. Blind Draws: Blind draws for the selection of panels are the responsibility of the Secretary of the
Synod with the exception of the Referral Panel which is formed by the President of the Synod.
The pool from which names are drawn shall include all eligible names, excluding the persons
named in the pertinent bylaws. To accomplish a blind draw, such method shall be used as will
accomplish a truly “blind” draw, to be carried out in the presence of at least two office staff or
other neutral persons. A statement attesting to the proper conduct of the blind draw shall be

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