Official Handbook Source Text
Handbook page 69
Source: LCMS Handbook 2023, page 69.
This page reproduces text from the 2023 LCMS Handbook for study and navigation. Readers should verify procedural, legal, parliamentary, or governance questions against the official LCMS Handbook and appropriate LCMS authorities.
(d) Conflict of interest : Representation of two opposing interests.
Carrying out the responsibility of ecclesiastical supervision does not give rise to conflict of interest.
(e) Ecclesiastical supervision: See Bylaw 1.2.1 (j).
(f) Face-to-face: A face-to-face meeting in person between the accuser and the accused in the manner described in Matthew 18:15. E -mail, regular mail, fax, or telephone call (or any combination thereof) does not satisfy this requirement. (Note: Failure to conduct a face -to-face meeting within 30 days or within such extension as may be established by the involved ecclesiastical supervisors shall result in dismissal if the fault lies with the accuser or movement to the next stage if the fault lies with the accused.)
(g) Facts: Substantiated information of an alleged accusation.
(h) Final Hearing Panel: Two district presidents, two lay reconcilers, and one ordained reconciler , assisted by a hearing facilitator, who , when the decision of the Hearing Panel is appealed , shall be selected according to these bylaws to give a final hearing.
(i) Formal proceedings: The proceedings that begin with the suspension of a member.
(j) Hearing facilitator: One selected by blind draw by the Secretary of the Synod as described in Bylaw 1.10.13.2, trained to serve as a facilitator for hearings before panels.
(k) Hearing Panel : Two district presidents , two lay reconciler s, and one ordained reconciler , assisted by a hearing facilitator, selected according to these bylaws to hear the matter and render a final decision unless appealed.
(l) Investigation committee: Any number of persons appointed by the ecclesiastical supervisor to investigate thoroughly to determine the facts in the matter prior to the determination whether or not to proceed.
(m) Own personal knowledge : A personal witness to the alleged violation— not secondhand or hearsay information.
(n) Panel decisions: The Hearing Panel and Final Hearing Panel shall issue decisions by majority vote of the panel. All panel members must be involved in all stages of the decision- making process, with the hearing facilitator serving as an advisor to the panel on the form but not the substance of the decision.
(o) Party to the matter: A “party to the matter” is the accused and the suspending ecclesiastical supervisor.
(p) Persons involved : “Persons involved” includes the accuser or whoever brings the matter to the attention of the ecclesiastical supervisor; also any parties to whom the matter is presented and who are required to thoroughly investigate whether the allegations can be substantiated, i.e., any ecclesiastical supervisor involved in the case, the accused, the Hearing Panel, the Final Hearing Panel, a witness or advisor, or any others involved in the matter.
(q) Publicity: Any information or action, whether written, oral, or visual, that brings a person, cause, or an alleged accusation to public
