LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 23, 2013, Page 13

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(1) Factual findings: The Appeal Panel shall review factual findings of the Hearing
Panel only to determine if they are supported by evidence. The Appeal Panel shall not
ordinarily sit in judgment of the Hearing Panel’s conclusions regarding evidence, since
the Hearing Panel was in the best position to judge factual issues. The Appeal Panel
must be convinced that a mistake has been committed, that is, that the evidence is such
that reasonable minds could not agree with the Hearing Panel’s decision.
(2) Conclusions on authority: The Appeal Panel may approve an appeal if the Hearing
Panel was clearly outside its authority, e.g., a decision was made that the panel had no
authority to make under the Constitution and Bylaws of the Synod, or a decision was
made on an issue not related to the sole issue to be decided, or a decision was made on
a theological question that the panel had no authority to make.
(3) Discretionary acts: The Appeal Panel may approve an appeal if there was a clear
abuse of discretion impacting the decision of the Hearing Panel, resulting in a gross
miscarriage of justice, or that involves an obvious and inappropriate bias or prejudice.
(d) If the Appeal Panel denies the request for reconsideration of the decision of the Hearing
Panel and upholds the suspension of the ecclesiastical supervisor, the decision of the
Hearing Panel shall be regarded as final and shall
(1) be binding upon the parties and not be subject to further appeal;
(2) have no precedential value;
(3) be carried out by the district president or the President of the Synod; and
(4) shall be publicized as deemed appropriate under the circumstances by the district
president or the President of the Synod.
(e) If the Appeal Panel grants the request for reconsideration of the decision of the Hearing
Panel, a Final Hearing Panel shall be selected by the Secretary of the Synod.
Final Hearing Panel
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
Page 83 – 02.23.13 – COH Minutes