LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 25–26, 2013, Page 7

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2.14.98.1 Within 30 days after the receipt of the decision of the Appeal Panel granting the request for
reconsideration of the decision of the Hearing Panelthe request, a Final Hearing Panel shall be
selected.
(a) The panel shall be constituted in the same prescribed manner as described in Bylaws
2.14.7.2–2.14.7.6, except that the two district presidents, the reconciler, the hearing
facilitator that provided assistance to the Hearing Panel, and the involved district presidents
are omitted from consideration for the Final Hearing Panel.
(b) The procedures for the final hearing shall be the same as prescribed in Bylaws 2.14.7.6–
2.14.7.8.
(c) The chairman of the Hearing Panel shall provide the Final Hearing Panel with a written
statement of the matter and the Hearing Panel’s report, minutes, records, and proceedings.
2.14. 89.1.2 Upon completion of the hearing by the Final Hearing Panel….[same as current wording of
2.14.8.2]
[Current Bylaws 2.14.9–2.14.9.3 will be renumbered 2.14.10–2.14.10.3.]

(F) Additional Synod Expulsion Processes
(Bylaw 2.17.3 [b])
Rationale
Bylaw 2.17.3 (b) neglects to mention other expulsion processes that should be given consideration when a
district president discusses with an accuser the question of which section of the Synod’s Bylaws would be
appropriate for use under the circumstances. The Commission on Handbook advocates the following
amendment to add reference to other expulsion processes.
PRESENT/PROPOSED WORDING
Consultation
2.17.3 Prior to any formal written complaint or accusation, when any person is aware of information or
facts that could lead to the expulsion of an individual member from the Synod, including a district
president, an officer of the Synod, or the President of the Synod, under Article XIII of the
Constitution for alleged sexual misconduct or criminal behavior, the person shall consult with the
appropriate ecclesiastical supervisor, which would be a district president of the Synod or the
President of the Synod, to seek advice, direction, and spiritual ministry as the needs and
circumstances dictate. If the accused is the President of the Synod, the person shall consult with
the chairman of the Council of Presidents. In regard to this consultation:
(a) The appropriate ecclesiastical supervisor may consult with any others as considered
appropriate under the circumstances.
(b) If the accuser is a member of the LCMS or a member of an LCMS congregation, the
ecclesiastical supervisor shall discuss with the accuser whether this bylaw provision or Bylaw
section 1.10 or Bylaw sections 2.14, 2.15, or 2.16 are is appropriate under the circumstances.
(c) The ecclesiastical supervisor shall provide evangelical supervision, counsel, and care.
(d) The ecclesiastical supervisor shall advise the accuser that it is understood that he/she
shall not be put under risk by requiring the accuser to meet face-to-face with the accused in
the manner described in Matthew 18:15. However, the reputation of all parties, the accuser
and the accused, is to be protected as commanded in the Eighth Commandment.

Page 34 – 01.25 to 01.26.13 – COH Minutes