LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 56

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from the Secretary of the Synod and shall maintain a record of the panel’s activity, to include its hearing(s),
the evidence received, and its findings.

4.4 Hearing facilitator selects date and location for hearing
Within 15 days after the Hearing Panel is constituted, the hearing facilitator shall, after conferring with
the panel, the accused, and the President of the Synod, select a date and location within 45 days after the
panel was constituted for the panel to hear and consider the matter. [2.15.7.6]
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A preliminary conference of the hearing facilitator, the accused, and the President of the Synod may be
scheduled to arrange for the exchange of information and the stipulation of uncontested facts to expedite
the panel proceedings. Such conferences may also arrange for the production of relevant evidence, identify
potential witnesses, schedule a hearing, and consider other matters that will expedite the panel proceedings.
Panels may require that the accused and the President of the Synod deliver to the panel and to each other
copies of the documents that they plan to introduce and a list of the witnesses they plan to call. All
documents shall be delivered through the office of the Secretary of the Synod by such method and dates as
are determined by the panels. The panel may decide at any time during the process, however, not to accept
any communication outside of hearings.
The formal hearing before the Hearing Panel shall take place within 45 days after the date that the
Secretary of the Synod notified the members of the panel of their selection.
Meeting arrangements shall be the responsibility of the hearing facilitator after conferring with the accused,
the members of the panel and the President of the Synod to identify a suitable time and place for the
hearing(s). He may call upon the travel and meeting department of the Synod for assistance with meeting,
lodging and travel arrangements.
The preference of the accused shall be taken into consideration when determining the time, place, and other
requirements of a hearing. Ordinarily the hearing shall be located in the vicinity of the residence of the
accused member on a date and at a time that will be convenient for the witnesses asked to testify.
The hearing facilitator shall provide at least ten (10) days’ written notice of the time and place of a hearing
unless both parties waive such notice requirement. Each party and the panel are responsible for notifying
their witnesses.
No party to the matter or the President of the Synod nor any person acting on either’s behalf shall either
directly or indirectly communicate regarding the matter with a panel or a member of a panel outside of
hearings, except as otherwise specifically provided in this manual.

4.5 Panel conducts hearing according to guidelines
The Hearing Panel and all parties shall follow the guidelines as set forth in Bylaw 2.14.7.8 with the
exception of paragraph (g) and instead shall follow this guideline in its place:… [2.15.7.8]
(a) Holy Scripture, the Lutheran Confessions, and the Constitution and Bylaws of the Synod shall
govern the panel in all its actions.
(b) The hearing before the panel shall be private, attended only by the persons involved and the
witnesses who can substantiate the facts relevant to the matter. The only exception is stated under
paragraph (h) below.
(c) The panel shall establish the procedure to be followed in the hearing and the relevancy of the
evidence so that each party involved shall be given an opportunity fully to present its respective
position.
(d) Any member of the Synod, officer of a congregation, or officer of any organization owned or
controlled by the Synod shall, when called upon by the panel to do so, testify or produce records
related to the matter.
(e) Each party to the matter shall assume its own expenses. The expenses of the panel shall be borne
by the district or the Synod.
(f) No party to the matter nor anyone on the party’s behalf shall communicate either directly or
indirectly with the panel or any member of the panel without the full knowledge of the other party to
the matter.

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