West Virginia-Western
Maryland Synod
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Discipline
Committee
The Discipline Committee is a pool of synod members who may
be called upon to serve in the disciplinary processes
related to Ministers of Word and Sacrament, Ministers of
Word and Service, and members of congregations. The work is
challenging, demanding good listening and observational
skills, analytic ability, a commitment to justice and
equity, prudence, the ability to maintain discretion and
confidentiality, and an understanding of human nature.
When disciplinary charges are brought against a minister,
six members of the Discipline Committee are selected to
serve on a Disciplinary Hearing Committee (in company with
an equal number of members from the ELCA Discipline
Committee). When activated, a discipline hearing committee
has a narrow window in which to accomplish its work, usually
sixty days to conduct the hearing and another fifteen to
complete the report. Members, therefore, need to have
sufficiently flexible schedules to adequately respond to the
call. Active proceedings may require overnight lodging.
Discipline
Committee
Ms. Norma Gensler (2017-2023)*
The Rev. Ian Reid (2017-2023)*
Mr. Jim Nichols (2017-2023)
The Rev. Paul Schafer (2017-2023)
Dr. Brandon Mitchell (2018-2024)
The Rev. Tony Setley (2018-2024)
Ms. Nancy Weeks (2018-2024)
The Rev. Sally Bartling (2021-2027)
Mr. Shawn Gilmore (2021-2027)
The Rev. Matt Holbert (2021-2027)
Ms. Pamela Pritt (2021-2027)
The Rev. Patrice Weirick (2021-2027)
*Have announced
their intent to resign a year early, creating
anticipated openings for one clergy member and
one laity member to be elected at Synod Assembly
2022.
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The Discipline Committee of this synod totals twelve
members. These members are elected by the Synod Assembly.
Six are laity. Six are clergy. The term is six months, the
term beginning first day of the second month following
election. There is a one-term limit. To be eligible for
election, the individual must be a voting member of a
congregation of the synod or on the synod roster of
ministers.
In the Governing Documents
The specific duties of the Consultation Committee and the
related general processes are codified in our governing
documents.
In the Constitution and Bylaws of the ELCA
Related to the Discipline of Ministers of Word and
Sacrament
20.21.08. A discipline hearing committee shall be convened
to conduct a hearing. The voting members of this committee
shall be composed of 12 persons of whom six shall be
selected by the Synod Council’s Executive Committee from the
Committee on Discipline of the synod and six shall be
selected from the churchwide Committee on Discipline under
the process described in 20.21.12. The rules authorized in
20.21.16. shall establish the method, based upon the
remainder of the term, for determining which members of the
synodical committee shall serve as the voting members and
which shall serve as alternates. A hearing officer selected
from the churchwide Committee of Hearing Officers under the
process described in 20.21.14. shall preside as the
non-voting chair of the discipline hearing committee.
20.21.17. In each specific case for which a discipline
hearing committee has been constituted, the committee shall,
within 60 days after the secretary of this church has given
notice of the selection by the Executive Committee of the
Church Council of the members of the churchwide Committee on
Discipline to serve on a discipline hearing committee, meet
with the accused and the accuser(s) to hold a hearing. The
committee shall render its written decision within 15 days
after the committee concludes the hearing. The 60-day period
may be extended one or more times to a specified date by a
written stipulation signed by the accuser(s), the accused,
and the hearing officer prior to the expiration of the
original 60-day period or prior to the extended specified
date.
20.21.21. The discipline hearing committee shall render its
decision in writing. The written decision shall be in two
parts:
a. Findings of Fact. In this part, the committee shall set
forth what it has found to be the relevant facts, that is,
what it believes to be the truth of the matter.
b. Determination. In this part, the committee shall state
whether, based upon the facts that it has found, it believes
discipline should be imposed and, if so, what discipline it
has chosen to impose.
20.21.22. The decision of the discipline hearing committee
shall be made by a majority vote of its members who were
present at the hearing. The decision of the discipline
hearing committee shall be final on the date it is issued by
the committee. Within 30 days, one of the parties may appeal
to the Committee on Appeals and may request the Committee on
Appeals to stay the effective date of the decision. A stay
may be granted in whole or in part and subject to such
conditions, if any, as the Committee on Appeals may require.
The decisions of the Committee on Appeals shall be final.
Related to Discipline of Ministers of Word and Service
20.23.02. The voting members of a discipline hearing
committee convened to conduct a hearing on charges described
in 20.23.01. shall be six members of the synod’s Committee
on Discipline selected by the Executive Committee of the
Synod Council. A hearing officer selected from the
churchwide Committee of Hearing Officers by the secretary of
this church shall preside as the nonvoting chair of the
discipline hearing committee described in this 20.23.02.
20.23.05. In each case for which a discipline hearing
committee has been constituted, the committee shall, within
60 days after the secretary of this church has given notice
of the selection of the hearing officer to serve on a
discipline hearing committee, commence a meeting or series
of meetings with the accused and the accuser(s) to receive
testimony or other evidence offered by the accused or the
accuser(s). The 60-day period may be extended one or more
times to a specified date by a written stipulation signed by
the accuser(s), the accused, and the hearing officer prior
to the expiration of the original 60-day period or prior to
the extended specified date.
20.23.08. The discipline hearing committee shall conclude
its meeting(s) and render its decision in writing within 45
days of the commencement of the meeting for which written
notice was given under 20.23.06. The written decision shall
be in two parts:
a. Findings of Fact. In this part, the committee shall set
forth what it has found to be the relevant facts, that is,
what it believes to be the truth of the matter.
b. Determination. In this part, the committee shall state
whether, based upon the facts that it has found, it believes
discipline should be imposed and if so, which one or more of
the following should be imposed:
1) private censure and admonition by the
synodical bishop.
2) suspension for a period not exceeding three months from
the office/role and functions of ministry in this church.
3) participation in such programs of evaluation, therapy,
continuing education, or similar experience as the
committee may direct.
4) referral of written charges (amended to reflect
additional evidence presented to the committee) to a
discipline hearing committee convened under
20.21.08. through 20.21.24. or 20.22.05. through
20.22.07.
20.23.09. The decision of the discipline hearing committee
shall be made by a majority vote of its members who were
present at the hearing. The decision of the discipline
hearing committee shall be final on the date it is issued by
the committee. Within 30 days of that date, one of the
parties may appeal to the Committee on Appeals and may
request the Committee on Appeals to stay the effective date
of the decision. A stay may be granted in whole or in part
and subject to such conditions, if any, as the Committee on
Appeals may require. The decisions of the Committee on
Appeals shall be final.
20.31.05. If those efforts fail, the procedures for
discipline shall be the same as that set forth above for
ministers of Word and Sacrament in 20.21.07. through
20.21.22.
Related to the Discipline of a Congregation Member
20.41.02. Discipline for an offense shall be administered
consistent with the procedure which Christ instructed his
disciples to follow (Matthew 18:15–17), proceeding through
these successive steps, as necessary:
…d. written referral of the matter pursuant to bylaw
20.41.04. by the consultation panel to the Committee on
Discipline of the synod, which shall hold a hearing and
render a final decision.
20.41.06. The Executive Committee of the Synod Council shall
select six members from the Committee on Discipline of the
synod to decide the case, and shall appoint a member of the
Synod Council to preside as nonvoting chair. Those six
members plus the nonvoting chair comprise the discipline
hearing panel for deciding the case. The Congregation
Council and the accused member(s) are the parties to the
case.
20.41.07. The discipline hearing panel shall, within 30 days
after its selection, commence a meeting or series of
meetings to receive testimony or other evidence offered by
the Congregation Council and the accused member(s). Written
notice of the date, time, and place of the hearing shall be
sent by the nonvoting chair to the Congregation Council and
the accused member(s) 10 days in advance of the meeting.
Until that first meeting is convened, the vice president of
the synod shall, if necessary, appoint other members of the
Committee on Discipline to fill vacancies so that the
discipline hearing panel consists of six members plus the
nonvoting chair.
20.41.08. The discipline hearing panel shall decide the
time, manner, and procedures for its meetings consistent
with the following:
a. the hearing before the discipline hearing
panel is intended to be informal;
b. the hearing shall be closed to the public unless the
Congregation Council and the accused member(s) agree to a
public hearing;
c. all Congregation Council members, including any elected
after written charges were first submitted, may attend the
hearing and be witnesses;
d. only one Congregation Council member may participate in
the proceedings as the council representative;
e. the accused member(s) may choose to testify in person
or remain silent;
f. the council representative and the accused member(s)
will be allowed to present their arguments and evidence
without unnecessary interruption;
g. the accused member(s) may be accompanied by a spouse
and one friend or advisor, but the spouse and friend or
advisor may not participate in the proceedings, except as
witnesses;
h. the panel may conduct some of its sessions outside the
presence of the parties to the case;
i. rules of evidence and similar rules used in secular
judicial proceedings shall not apply in these hearings;
and
j. the parties to the case cannot be compelled to provide
any information or documents to each other or to the
panel.
20.41.09. Upon conclusion of the hearing, one of the
following disciplinary sanctions can be imposed by the vote
of at least two-thirds of the members of the discipline
hearing panel who are present and voting:
a. suspension from the privileges of
congregation membership for a designated period of time;
b. suspension from the privileges of congregation
membership until the pastor and Congregation Council
receive evidence, satisfactory to them, of repentance and
amendment of life;
c. termination of membership in the congregation; or
d. termination of membership in the congregation and
exclusion from the church property and from all
congregation activities.
20.41.10. The written decision of the discipline hearing
panel shall be sent to the vice president of the synod, the
accused member(s), and the Congregation Council in writing
within 45 days of the convening of the first hearing for
which written notice was given pursuant to 20.41.06. The
decision of the discipline hearing panel shall be
implemented by the Congregation Council and recorded in the
minutes of the next council meeting.
20.41.11. No member of a congregation shall be subject to
discipline a second time for an offense that a discipline
hearing panel has heard previously and decided pursuant to
these bylaws.
Other Resources
Disciplinary
Process for rostered leaders of Evangelical Lutheran
Church in America --- A basic description of the
disciplinary process of the ELCA.
Definitions
& Guidelines --- "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."("Disciplinary
Process
for rostered leaders of Evangelical Lutheran Church in
America")
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