LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 53

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A memorandum describing how the accuser met face-to-face with the accused in the manner described in
Matthew 18:15–16 (Bylaw 2.15.4 [b]) shall also be prepared and becomes part of the official record of the
matter maintained by the President of the Synod.

3.3 President of the Synod provides notification of right to request hearing
(c) provide to the member a written notification that the member has 15 days from the date of receipt
of the statement of the matter to advise the President of the Synod that there is a desire to have the
matter heard and resolved. [2.15.6 (c)]
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When possible, notification shall be made in a manner that results in a signed receipt to verify delivery,
thereby to provide evidence that the notification was received and to establish the date of its receipt.
In the event that a party cannot be located or appears to be avoiding the process by refusing to sign a
delivery receipt, ordinary first class mail sent to the last known address with allowance for sufficient time
for delivery shall, after two failed delivery attempts by certified or other signature-requiring mail, suffice to
provide notice.
This written notification by the President of the Synod which accompanies the notification of suspended
status and the written statement of the matter shall make clear to the accused how the end date of the 15day period will be calculated, also making clear that a request for a hearing is to be directed back to him as
the ecclesiastical supervisor.
When a member is placed on suspended status, the President of the Synod shall encourage his congregation
or other calling entity to continue to provide to the worker financial and other support at current levels until
a final decision is reached.

3.4 Failure of the accused to request a hearing results in expulsion
Failure by the member to file such written request for hearing and resolution within the 15-day period
shall be deemed to be consent to expulsion from membership in the Synod. [2.15.6.1]
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A written request for a hearing and resolution of the matter must include means of verification that it was
sent within the required 15-day period of time.
After sufficient time has passed to ascertain that a written request for a hearing will not be filed by a
suspended member, the President of the Synod shall inform the member of his expulsion from the Synod.
The President of the Synod shall inform the Department of Rosters and Statistics and the members of the
Council of Presidents of the termination of membership. The date of termination to be reported is the date
on which the member was notified of expulsion from the Synod.
The President of the Synod shall also inform other members and entities of the Synod of the expulsion on a
need-to-know basis.
The President of the Synod shall take such steps as are possible and necessary to assure that the spiritual
needs of the expelled member are met.
If a written request for hearing and resolution is not filed within the prescribed time, the member’s
membership ceases and all records of the matter shall be delivered to and retained in the office of the
president of the district through which the member held roster status in the Synod for future reference.

3.5 Request for hearing commences panel process
If the request for hearing as granted in Bylaw 2.15.6 (c) is made, the President of the Synod shall inform
the Secretary of the Synod… [2.15.7]
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After the President of the Synod receives a request for hearing from the accused, it is solely his
responsibility to inform the Secretary of the Synod that a Hearing Panel will be needed.
The written request for a hearing and resolution of the matter shall be forwarded immediately to the
Secretary of the Synod to allow maximum time for the formation of the Hearing Panel. When possible,
verbal notification should precede the delivery of the written request.

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