Rules of Discipline
Rules of Discipline
Rules of Discipline
Discipline in the church is a positive expression in the spirit of love and helpfulness of concern both for the offender and for the church. Its purpose is that the life and work of the church may be orderly, conducive to the spiritual growth of the members, and corrective of weaknesses, mistakes and offenses by individuals. Appropriate reasons for discipline are actions contrary to the faith and practice to which, according to the scriptures, all Christians are called, or which are contrary to the government of the church. B. Discipline in the church should be appropriate to the nature of the error or offense. All acts of discipline should be weighed carefully, keeping in mind the purpose of discipline. II. DISCIPLINE OF PERSONS A. Cases Without Disciplinary Hearings 1. When a member, at his or her own initiative, acknowledges to the session an error or offense and gives evidence of a sincere effort to correct the matter, a record shall be made of the case. With the consent of the person, any disciplinary action taken shall be without a formal disciplinary hearing. 2. When a member in good standing without securing a letter of dismission or asking that his or her name be removed, shall join some other Christian church or religious body, the irregularity shall be noted and his or her name removed from the membership roll by action of the session. If there are charges pending against the person, or if he or she is under some disciplinary action, this information shall be communicated to the church or religious body upon its request. If the member is an elder or deacon, and he or she joins a religious body other than a Christian church, his or her ordination shall be revoked and he or she shall be divested of the office. 2. A minister, at his or her own initiative, may acknowledge to the judiciary committee an error or offense. If the minister gives evidence of a sincere effort to correct the matter and consents to any discipline proposed by the committee, the matter may be resolved and the discipline imposed without a formal disciplinary hearing. 3. When a minister in good standing, without asking for a letter of dismission, shall join some other Christian church or religious body, the irregularity shall be noted and
his or her name removed from the church roll by action of the church authorities. If charges are pending against the person, or if he or she is under disciplinary action, this information shall be communicated to the church or religious body upon its request. If the minister joins a religious body other than a Christian church, his or her ordination shall be revoked and he or she shall be divested of the office. B. Disciplinary Hearings Before Sessions 1. Any charges made against a member (the accused) shall be acted upon by a session only if they are in the form of a written document signed by the person making the charges (the complainant). The complainant may be a person who claims to be a victim of the conduct which is the basis for the complaint or another member who has reliable and compelling information about the conduct in the complaint. Whether or not the charges are written, the session or any of its members may counsel with a member to encourage and assist the member to learn and grow spiritually. 2. No charges against a person shall be considered if they are made more than two years after the alleged error or offense, except in the case of sexual misconduct or sexual harassment, in which case a ten (10) year time limit shall apply, but in the case of the sexual abuse or molestation of a child, no time limit shall apply. 3. When a session has received charges affecting the Christian character of a person under its care, it shall designate a committee to investigate the charges and counsel with the person accused. If the charges concern matters of potentially serious consequences, the session may at any time suspend the person from any position of leadership until the conclusion of the hearing and of any appeals. It shall be stated that the suspension is not a presumption of guilt but is a measure needed for the welfare of the church. 4. If the committee reports that, upon investigation, it finds no basis for the charges, the session shall dismiss the charges. If the committee finds that there are grounds to believe that an offense was committed by the accused, and the accused acknowledges the error or offense, and gives evidence of a sincere effort to correct the matter, the committee shall so report to the session and recommend appropriate disciplinary action. With the consent of the person, disciplinary action may be imposed without a formal disciplinary hearing. A record shall be made of the case, and the moderator shall direct the clerk to notify the complainant of the discipline imposed. 5. If the committee, upon investigation, finds that there are grounds to believe that an offense was committed by the accused, but the accused has not acknowledged the error or offense, or does not consent to the proposed disciplinary action, the committee shall present a written report to the session which includes a statement of
the charges, the information the committee obtained in its investigation, the committee's findings, and its recommendations for discipline. The session shall hold a hearing to determine guilt, to impose discipline, or both. a. Unless the accused, the complainant, and the session agree otherwise, a date for the hearing shall be set no sooner than ten (10) days. The moderator shall direct the clerk to give written notice of the hearing to the person charged (the accused); the person filing the charges (the complainant); all active members of the session; the investigating committee; and all witnesses requested by the accused, the complainant, or the session. The notice shall include the statement of the charges as framed by the investigating committee and shall state that the decision to conduct the hearing is not an indication that the accused is guilty of the offense. b. Written notice should be hand delivered or sent by first class mail to the last known address of the person entitled to notice. Written notice provided in some other manner is effective if actually received. c. The session may postpone the hearing for good cause. The failure of the accused or the complainant to appear at the hearing shall not automatically cause a postponement. 6. The hearing shall be conducted as follows: a. The hearing shall be a closed meeting unless the accused, the complainant, and the session agree otherwise. If closed, the persons permitted to attend shall be: the members of the session; the accused and a companion; the complainant and a companion; and, if requested by the session, a representative from the investigating committee. The session shall determine whether to permit all of the witnesses to be present for the entire proceeding or to hear witnesses one at a time. b. The clerk shall keep a complete recording of the hearing, either by audio recording, audio-video recording, or by a written transcript. c. The moderator shall charge the members of the body and all others present to remember the purpose of discipline in the church as stated in Section 1.1. d. The statement of charges prepared by the investigating committee shall be read. e. The list of witnesses shall be reviewed. Any person may challenge whether a witness is competent to provide evidence. The session shall be the final judge of whether a witness is competent to provide evidence and whether any evidence offered is relevant to the proceeding.
f. The accused may give a statement in response to the charges. g. Testimony and other evidence against the accused shall be received first, followed by testimony and other evidence on behalf of the accused. Testimony should be offered in a manner consistent with the purposes of discipline, and not in a bitter or retaliatory spirit. h. The moderator shall provide an opportunity for the accused, the complainant, or members of the session to question each witness and any other evidence. The moderator may disallow any question which is frivolous, irrelevant, or otherwise inappropriate, but the moderator's ruling may be appealed to the session. i. The accused or the complainant may challenge the right of any member of the session to speak or vote on the grounds of personal prejudice, including undue personal interest in the matter. All challenges shall be decided by the session. j. A final statement may be made by the complainant and the accused, who shall have the right to speak last. k. Only the members of the session shall be present during, and participate in, the deliberation of the case. All of the evidence shall be weighed and evaluated. l. The session shall vote on the following question: "According to the evidence presented, is it more likely that the accused is guilty or not guilty of the charge(s) made against him or her?" The accused shall be found not guilty unless a majority of those members of the session who are present and voting shall find the accused guilty. 7. If the accused is found not guilty: a. The moderator shall announce the decision to the accused and the complainant. The moderator shall remind those present of the gravity of disciplinary proceedings, the nature of the church as a fellowship of reconciliation, and the responsibility of all Christians to act toward each other in the spirit of repentance and forgiving love. b. No record of the charges or the decision need be entered into the minutes unless the session, for good cause, shall direct otherwise. 8. If the accused is found guilty: a. The session shall determine the discipline under which he or she shall be placed. When the nature of the discipline has been determined, the moderator shall announce
the decision and the discipline to the accused and the complainant. Any discipline imposed shall take effect immediately unless the session directs otherwise. b. The moderator shall urge the person placed under discipline to respond to the decisions in prayer and self-examination and to make such efforts as are possible to remedy the error or offense. c. The moderator shall remind those present of the gravity of disciplinary proceedings, the nature of the church as a fellowship of reconciliation, and the responsibility of all Christians to act toward each other in the spirit of repentance and forgiving love. d. The minutes shall reflect the name of the accused, the charges of which he or she has been found guilty, and the discipline imposed. Appropriate care shall be taken to protect the name or identity of any victim. 10. If, after a disciplinary hearing has been held, new evidence is discovered that could alter the decision that was made, the person under discipline may ask the session to conduct a supplemental hearing. If the session determines that a new hearing should be held, only evidence not already presented may be offered at the new hearing. 11. If there appears to be sufficient evidence to warrant terminating the discipline imposed, the session may conduct a hearing to consider such action. The discipline may be terminated if sufficient and reliable testimony or other evidence is presented that (i) the person has repented of the error or offense; (ii) the person has taken steps to correct the matter; and (iii) the session finds that the person is unlikely to commit the error or offense again. 12. When a person under some kind of discipline moves his or her membership to another church, the session may, if it seems advisable, transmit a summary of the disciplinary hearing to that body, which shall proceed to act as though it had imposed the discipline.