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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 characterized as a continuum or line that
begins at one end when there are indications that a cause for
discipline may exist. This line is terminated at any point if
the pastor or other rostered individual chooses to resign, or is
otherwise removed, from the church’s 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 ELCA Committee on Appeals. At
approximately the midpoint of this line, an important event
may occur — the filing of written charges, usually by the
synodical bishop, although four other groups are also authorized
by the governing documents to file formal written charges against
a rostered person. Prior to the filing of written charges, the process is very
informal; it begins with consultation aimed at resolving the
matter without resorting to discipline. How the process works at
this stage is largely within the discretion of the synodical
bishop and is often guided by 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 gathering and evaluating the
evidence or by making recommendations to resolve the issues
presented. Upon the filing of
written charges with the Secretary of the Church, 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. Once this formal disciple process
has begun, the procedural and due process provisions of the ELCA
Constitution and Bylaws must be observed. When the ELCA Secretary receives written charges, a DHC is
convened. A DHC consists of a hearing officer who serves as the
non-voting 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. Where the DHC determines that no discipline
shall be imposed , the individual is entitled to
reimbursement for reasonable attorney fees and other expenses
related to the defense of the charges.
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. The following resources are the key documents for a more detailed
study of the ELCA disciplinary process:
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