LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 51

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The Referral Panel shall be selected by blind draw by the chairman of the Council of Presidents. All district
presidents not involved in the matter shall be included in the blind draw. To accomplish a blind draw, such
method shall be used that will accomplish a truly “blind” draw and shall be carried out in the presence of at
least two other neutral persons. Written verification signed and dated by the witnesses to the blind draw
shall attest to the proper conduct of the draw.
Upon its selection and notification by the chairman of the Council of Presidents (who shall also identify a
convener), the panel shall meet initially in person or by telephone conference to select a chairman and a
secretary. The chairman shall provide leadership to the panel, arranging its meetings and representing the
panel as necessary. The secretary shall maintain a record of the panel’s activity and findings.
The President of the Synod shall provide to the Referral Panel all documents and information regarding the
matter that are at his disposal. The panel shall also retain a written record of its own activities and findings
leading up to its decision. This written documentation shall be included in the official record of the case.
The Referral Panel is responsible for determining that the provisions of sections 2.2 and 2.3 (above) have
been carried out. If not, it shall carry out those provisions as part of its responsibilities under the leadership
of its chairman.
A majority of the members of the Referral Panel shall constitute the required quorum. A decision of the
panel shall require a minimum of two affirmative votes from the panel. In the event that a decision cannot
be reached, a new panel shall be formed immediately.
Decisions shall be rendered in writing and signed by the chairman of the panel. A decision shall state the
facts determined by the panel and the facts supporting its decision. If agreement is reached between parties
during the course of the panel’s work and prior to its rendering a decision, the panel shall nonetheless arrive
at a final decision, setting forth the terms of any such agreements to the extent that they were relied upon in
reaching the decision.
Any pending criminal or civil court proceedings permit exceptions to any of the time limits specified, at the
discretion of the ecclesiastical supervisor.

2.6 Decision not to proceed terminates the matter
Whether made by the President of the Synod or the Referral Panel, if the determination is not to initiate
formal proceedings, the President of the Synod shall in writing so inform the accuser, any other district
president involved, and the involved member, which shall terminate the matter. [2.15.5.2]
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If the validity of accusation(s) received has not been established or if the investigation fails to uncover
sufficient cause for suspension, the President of the Synod or his representative shall close the inquiry and
inform the accuser(s) and the accused of the decision.
The President of the Synod shall offer to issue a public statement as necessary to aid in restoring the
accused member’s reputation.
Sensitivity shall be shown to accusers and their concerns, and referral to professional resources shall be
provided according to perceived need for restoration and healing.
As necessary, attention shall be given to enable the accused to take responsibility for any behavior and
consequences associated with any concerns uncovered by the investigation that, while valid, did not
warrant suspension of membership.
Accurate information shall be provided to the peers of the accused as judged necessary and helpful by the
President of the Synod.
District and Synod legal counsel shall be informed if the accuser(s) threaten(s) legal action or retain(s)
representation by counsel upon receipt of the decision not to initiate formal proceedings.

2.7 Decision to proceed commences suspension
If the President of the Synod or the Referral Panel concludes that the facts form a basis for expulsion of
the member under Article XIII of the Constitution,… [2.15.6]
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When the validity of accusation(s) received has been established by clear and convincing evidence, the
President of the Synod or his representative shall proceed to carry out supervisory responsibility, including
consulting with other resource persons as appropriate to assess professional and personal consequences,

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