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What Does This Mean?
Abstract: A few words from the ELCA constitution concerning the appeals process.
The appeal process is described in the deathless prose of the ELCA Constitution. The relevant sections are 20.62.1 and 20.62.2:
The circumstances for which the Committee on Appeals may reverse or set aside the decision of a discipline hearing committee and the consequences of such action shall be set forth in the bylaws.
20.62.01. The judgment of a discipline hearing committee must be sustained unless the Committee on Appeals finds that one of the following conditions exists:
a. The discipline hearing committee abused its discretion. The discipline hearing committee may not be found to have abused its discretion unless at least one of the following is true:
- 1) The discipline hearing committee’s Determination was not supported by any evidence in the record.
- 2) One or more of the discipline hearing committee’s Findings of Fact is clearly erroneous. A Finding of Fact is clearly erroneous when, although there is evidence to support it, the Committee on Appeals on the entire evidence is left with the definite and firm conviction that a mistake has been committed. The Committee on Appeals may not reverse a finding of the discipline hearing committee simply because the Committee on Appeals concludes that it would have found differently had it been the discipline hearing committee. The Committee on Appeals must give due regard to the opportunity of the discipline hearing committee to judge the credibility of the witnesses.
- 3) Although the Findings of Fact are not clearly erroneous, the discipline hearing committee’s Determination is nevertheless one with which no reasonable person, acting objectively, could agree. The committee’s Determination may not be reversed simply because the Committee on Appeals, had it been the discipline hearing committee, would have reached a different conclusion. The discipline hearing committee’s Determination must be sustained if reasonable people can disagree as to its propriety.
b. Due process has not been followed.
c. New evidence has been submitted by one of the parties, which evidence, in the judgment of the Committee on Appeals, should be considered.
d. The record of the proceedings before the discipline hearing committee is insufficient to permit the Committee on Appeals to determine whether the committee abused its discretion or followed due process.
20.62.2 When the Committee on Appeals has decided to reverse or set aside the decision of the discipline hearing committee, the Committee on Appeals shall proceed as follows:
a. If the Committee on Appeals has determined that one of the conditions listed in 20.62.01.a.1) or 20.62.01.a.2) exists, the Committee on Appeals may return the matter to the discipline hearing committee for further proceedings or render its own decision, which shall be final and unappealable.
b. If the Committee on Appeals has determined that the condition listed in 20.62.01.a.3) exists, it shall render its own decision, which shall be final and unappealable.
c. If the Committee on Appeals has determined that one of the conditions listed in 20.62.01.b., 20.62.01.c., or 20.62.01.d. exists, it shall return the matter to the discipline hearing committee for further proceedings.
(Vol. I, xviii, March 10, 2007 )