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Legal
Counsel > For Synods > Disciplinary
Proceedings
The Evangelical Lutheran Church in America (ELCA) has a process
for the discipline of clergy and rostered laypersons. The
disciplinary process is set forth in
Chapter 20
of the ELCA
Constitution and Bylaws, and in Rules Governing Disciplinary
Proceedings Against an Ordained Minister, a Rostered Layperson, or a
Congregation of the Evangelical Lutheran Church in America. The
booklet Definitions and Guidelines for Discipline...Ordained
Ministers, Associates in Ministry, Members of the Deaconess
Community, and Diaconal Ministers, Congregations sets forth the
types of conduct that may lead to discipline.
The disciplinary process can be thought of as a time line that
begins at one end when there are indications that a cause for
discipline may exist. This time line is terminated at any point if
the rostered individual chooses to resign from the roster. Absent a
resignation or other resolution of the matter, the time line may
continue until there is a decision of a discipline hearing committee
(DHC) or, if appealed, a decision of the Committee on Appeals. At
approximately the midpoint of this time line, an important event
occurs the filing of written charges, usually by the synodical
bishop, although four other groups also have authority to file
written charges.
Prior to the filing of written charges, the process is very
informal. How the process works at this stage is largely within the
discretion of the synodical bishop and is often guided by a
synodical policies. The emphasis is pastoral and efforts are usually
made to find a resolution of the controversy that would not involve
a hearing before a DHC. At this stage, the synodical bishop has the
option of convening a five member panel to assist the bishop by
evaluating the evidence or by making recommendations to resolve the
controversy.
With the filing of written charges, the process becomes very
formal. There are specific rules that must be faithfully followed.
Many of these rules are designed to insure numerous rights that are
intended to protect the accused individual and the complainant. When
the ELCA Secretary receives written charges, a DHC is convened. A
DHC consists of a hearing officer who serves as the nonvoting chair,
six members of the synod's Committee on Discipline (previously
elected at the Synod Assembly), and six members chosen from the 36
member churchwide Committee on Discipline (previously elected at the
Churchwide Assembly). A hearing is held before this DHC at which
time the accuser, who signed and filed the written charges presents
witnesses and other evidence in support of the charges. The accused
may cross-examine the accuser's witnesses, as well as present
additional witnesses and evidence. Both accuser and accused may be
represented by attorneys or non-lawyer advocates.
After the hearing is concluded, the DHC deliberates to decide
what it has found to be the relevant facts, i.e., what it believes
to be the truth of the matter, and based upon the facts it has
found, what discipline should be imposed, if any. If discipline is
imposed, it can range from private censure and admonition, to
suspension for a designated period or until there is satisfactory
evidence of repentance and amendment, or to removal from the roster
of the ELCA. The DHC cannot award damages or impose monetary
penalties.
Either party can appeal a decision of a DHC to the 12 member
Committee on Appeals that has been previously elected by the
Churchwide Assembly. A decision by the Committee on Appeals is
final.
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