5010-5450

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D. Offenses

1. Individual or Corporate

5010. Any member, minister, local church, district, official body or other agency of The Wesleyan Church shall be liable to disciplinary proceedings for any of the following offenses:

(1) Holding, teaching, disseminating or tolerating the teaching of any doctrine contrary v
(2) Disobedience to the provisions of The Discipline or tolerating such disobedience.
(3) Willful refusal to recognize Church authority. vi
(4) Conduct unbecoming a member or minister of The Wesleyan Church.
(5) Sexual immorality.vii
(6) Serious or persistent neglect of duty.

2. Accusation

5011. Accusations must be in writing, dated, signed by the accuser(s) and handed to the official having jurisdiction over the accused. The official having jurisdiction shall decide whether to handle the matter directly or refer to a higher Church authority. In either case, an investigation of the accusation shall be conducted. Whenever, in the opinion of the accuser(s), proper action has not been taken, appeal may be made to the next higher Church authority.

3. Investigation

5012. Investigation. At any point in these proceedings, the official having jurisdiction or the accused may ask the official body having jurisdiction to conduct an investigation. Such an investigation may include a committee of two or more covenant members or ministers of The Wesleyan Church who can be relied on for impartial judgment, who are not involved in the matter, and who are not closely related to any party involved. The investigation shall involve a careful and thorough inquiry into the matter, meeting with each appropriate person and meeting with any antagonists together if at all possible. One member of the committee shall serve as secretary and a written report shall be presented to the official having jurisdiction. If the committee finds no grounds for discipline, it shall so report and the official having jurisdiction shall relay this report to the official body having jurisdiction and the matter shall be dropped. If the committee does find grounds for discipline, it shall so report and the official and official body having jurisdiction shall decide on subsequent steps. Should a hearing be ordered, the investigative report shall be made available to the judicatory.

E. Resolution without a Hearing

5014. Settlement by Agreement. At any point in these proceedings, in matters that would not involve removal from credentialed standing or dismissal from membership, if the official having jurisdiction discovers that an agreement can be reached with the parties involved that will settle the matter satisfactorily without a hearing, the official shall establish a written agreement and secure signatures to it from the involved parties and submit it for approval to the official body having jurisdiction and subsequently to the next higher Church authority. If all approve, it shall close the matter.

5016. Citation to Show Cause. If no agreement has yet been reached, and the official having jurisdiction believes the evidence is strong that an offense has occurred, in a final effort to avoid a hearing, the official may cite the person accused of the offense to appear before the official having jurisdiction to show cause why the accused should not go to a hearing. If the matter persists to resist counsel, the matter shall go to a hearing.

5018. Confession of Guilt. At any point in the proceedings outlined above, if the accused shall confess guilt, the official body having jurisdiction shall conclude the proceedings and decide on the discipline to be imposed. (Cf. 5058:4.)

1. Right to Hearing and Appeal

5020. The right to a fair and impartial hearing and the right to appeal shall not be denied to any member, minister, local church, district or official body of The Wesleyan Church. No one shall be arbitrarily set aside without due consideration for both spiritual welfare and rights as a member of The Wesleyan Church and shall always have the right to request a hearing or to appeal, even when placed under discipline (Disc. 302:4; 305:3; 313:7; 315:8; 323:10; 360:3f; 375:4, 6; 380).

2. Jurisdiction

5020:1. Original jurisdiction over a member ordinarily belongs to the local church of which the person is a member.
5020:2. Exceptions in Jurisdiction. There are situations as provided for in The Discipline 365 in which jurisdiction over a member may be assumed by the district or by the General Church.
(1) If a member is a person credentialed by the district, or is elected as an officer of the district, full jurisdiction over all offenses passes to the district, with full authority to set the discipline.
(2) If a covenant member is also a general officer, a member of the General Board or otherwise employed by the General Church, or is a district superintendent, full jurisdiction over all offenses passes to the General Church, with full authority to fix the discipline, including removal from office or dismissal from membership.
(3) If a lay member’s conduct is such as to affect the health of the local church where membership is held, and the district superintendent and the district board of administration become convinced that the local church is unable or unwilling to deal appropriately with such member, or if a lay member is alleged to have committed offenses which affect The Wesleyan Church beyond the local church where membership is held, the district superintendent may recommend and the district board of administration may authorize the assumption by the district of jurisdiction in the matter. Investigation and hearing would be conducted in accord with district procedures. Any appeals shall be heard by the district board of review. The district would have full authority to fix the discipline, including removal from office or dismissal from membership.

3. Accusation

5022. Accusations must be in writing, dated, signed by the accuser(s) and handed to the official having jurisdiction over the accused before a hearing can be ordered. Whenever, in the opinion of the accuser(s), proper action has not been taken, appeal may be made to the next higher Church authority.

4. Disciplinary Measures

5023. Definition of Disciplines. There shall be five degrees of discipline for the administration of discipline which are:

(1) Admonition. Admonition is the mildest discipline and consists of a general reproof, a warning and an exhortation to greater watchfulness by the offender. (See 1 Thess. 5:14.)
(2) Rebuke. Rebuke is a stronger discipline for a more serious offense and consists in setting forth the offense, an official rebuke and correction, and a warning to the offender. (See 1 Tim. 5:20; 2 Tim. 4:2.)
(3) Suspension. Suspension is that discipline by which the accused is placed “under discipline” and is deprived of certain rights and privileges for a period of probation.
(4) Removal. Removal is that discipline by which a person is deposed from an official position, credentialed status or appointments. (See 1 Tim. 1:19–20.)
(5) Dismissal. Dismissal is the strongest discipline and is the expulsion of the offender from membership in the Church (Disc. 305:3; 315:1; 585:3), which automatically includes all lesser disciplines. Dismissal should be imposed only for the most serious offenses, or for obstinate persistence in a serious offense. (See 2 Cor. 6:14–15; 1 Tim. 1:19–20.)

5. Charges and Specifications

5024. A hearing may not be ordered until a proper inquiry is made. When the investigation has found evident need for discipline, it shall prepare appropriate charges and specifications.

(1) A charge sets forth an offense, a kind of act or conduct that makes a person liable to discipline.
(2) A specification states what the accused is alleged to have done, an instance of the offense indicated in the charge.
(3) It is not required that the accusations be written in any particular legal form. Every accusation must be in writing, dated, signed by the accuser(s), and must clearly define the alleged offense by its proper term as stated in 5010, and each charge must be accompanied by at least one specification.
(4) A charge shall not allege more than one offense. However, more than one charge against the same person or unit, with the specifications for each charge, may be presented to the judicatory at the same time and heard at the same time, provided that the vote on each charge shall be taken separately. The specifications shall declare as far as possible, the time, place and circumstances of the alleged offense, and shall be accompanied with the names of the witnesses and the title of each record or document to be cited for its support.

6. Judicatory

5025. When the official body having jurisdiction orders a hearing, it shall at the same time appoint the judicatory (judicial committee) in keeping with the appropriate provisions of The General Board Policy for Church Discipline and Ministerial. Each judicatory is appointed as needed for a specific matter. The judicatory shall conduct the hearing in keeping with the provisions of this General Board Policy for Church Discipline and Ministerial Restoration.

5026. One member of the judicatory shall be designated as the chair, either by the official body having jurisdiction, or as otherwise provided in The General Board Policy for Church Discipline and Ministerial Restoration. The chair is a voting member of the judicatory. The duties and responsibilities of the chair shall include:

(1) To preside over all phases of the hearing, making certain that all provisions of this General Board Policy for Church Discipline and Ministerial Restoration are observed.
(2) To appoint a secretary (5056).
(3) To exercise, if such is deemed wise, the option of appointing counsel when the accused has not exercised the right to do so (5040:1). The counsel shall be a member or minister of The Wesleyan Church.
(4) To give direction to preparation of notices and citations to appear, and to sign the same (5042).
(5) To notify the accused of their rights (5040).
(6) To instruct the judicatory concerning its duties as assigned in this General Board Policy for Church Discipline and Ministerial Restoration, both before the hearing begins and again before the judicatory deliberates on the verdict (5058:14).
(7) To decide on the validity of any challenge for cause of the qualifications of a member of the judicatory (5040:3; 5054).
(8) To grant, if such is deemed wise, a postponement of the hearing (5044).
(9) To schedule the hearing date providing time for the members of the judicatory to arrange their schedules so that they can be available to complete the hearing in a timely manner.
(10) When possible to schedule the hearing to be conducted on consecutive days.
(11) To receive the list of witnesses that will be called by the hearing manager and the accused, and to inform both parties at the same time of said witnesses.
(12) To state, at the beginning of the hearing, the purpose of the hearing, to read the official action ordering the hearing, and to announce the members of the judicatory (5058:2).
(13) To decide on the admissibility of evidence (5027).
(14) To announce the verdict only as “guilty” or “not guilty.”
(15) To communicate the verdict and any recommendations being made to the official body having jurisdiction (5058:17).
(16) To inform the accused in writing of the verdict.
(17) To attest the records of the hearing (5056).
(18) To have custody of the records throughout the hearing until the matter is finished, and then to deliver such records to the official having jurisdiction (5056).The records of a hearing will be retained in a confidential file either at the district or the General Church level for a minimum of ten years.

7. Evidence

5027. Rules of Evidence. An investigation, judicatory or other official body shall not be bound by any technical rules of evidence but shall adopt such rules as shall, in its opinion, be best adapted to ascertain the truth and determine accurately the substantial rights of the parties involved. The chair of the judicatory shall decide on the admissibility of evidence.

5028. Testimony. No one may be barred as a witness on the grounds of not being a member of The Wesleyan Church (but their time in the room where the hearing is held shall be limited to their time on the stand unless waived by the chair of the judicatory (cf. 5046). Whenever circumstances make it impossible for a witness to appear, a proper certificate of affidavit from such a person may be presented, provided that the party against whom it is sought to be introduced has had a proper opportunity to see the certificate or affidavit and personally or through counsel to question before witnesses the person signing the affidavit regarding the contents thereof.

5030. Proof of Charges. The accused shall be presumed innocent until the contrary is proved. However, the moral conviction of the truth of the charge is all that is necessary to find the accused guilty of the charges. In all matters the accused may be questioned relative to the charges made.

8. Manager

5032. The official body ordering a hearing shall, at the same time, appoint a member or minister of The Wesleyan Church in good standing as manager of the hearing. In addition an assistant manager shall be appointed. The manager’s duty is to prepare in final form the accusation and specifications, present them at the proper time and place to the judicatory and represent the official body having jurisdiction during the hearing. The manager’s responsibility is to help the judicatory get at the truth and to secure a just outcome.

9. Rights of the Judicatory

5036. Right of Investigation. The Church has a right to investigate the character of its members and ministers in order to maintain the purity of its doctrines and practices, and can, therefore, through its own officers, official bodies and judicatories, require members or ministers under investigation to testify, under discipline of dismissal, if they refuse.

5038. Duty of Cooperation. It shall be the duty of every member, minister and church body to cooperate and to give testimony when properly requested to do so for an official investigation or hearing (cf. 5010:3; 5050).

10. Rights of the Accused

5040. Any member or minister who is accused shall have the following rights:

(1) Counsel. The accused shall have the right to choose counsel, or to present a personal defense; but where this right is not exercised, counsel may be appointed by the chair of the judicatory. The counsel shall be a member or minister of The Wesleyan Church.
(2) Examination. The accused, or counsel, shall have the right to meet any accuser(s) face-to-face and to cross-examine any witnesses presented by the manager (cf. 5028).
(3) Objection. The accused shall have the right to challenge for cause the qualifications of any member of the judicatory, the validity of which shall be determined by the chair of the judicatory (cf. 5054).
(4) Limitation. A minister or member shall not be required to answer for any accusation which occurred more than five years before the filing of such accusation, except in matters involving immorality.

11. Notices and Postponements

5042. All notices and citations to appear shall be given as directed by the chair of the judicatory and shall be in writing, in the name of the official body having jurisdiction ordering the hearing, and signed by the chair. An official notice of the date, time and place of the hearing (the names of the persons appointed to the judicatory), together with an official copy of the accusation and specifications, and a citation to appear shall be delivered to the accused; this shall be done at least thirty days before the hearing unless both the manager and the accused agree to a shorter period. No subsequent changes in such charges and specifications shall be permitted. Notices to appear shall be given to such witnesses as either party may name, and shall be served at least thirty days before the hearing. Members or ministers of The Wesleyan Church shall be cited to appear, but others may only be requested to appear (cf. 5038). An official notice of the names of the persons appointed to the judicatory shall be delivered to the accused at least thirty days before the hearing.

5044. The manager or the accused shall have the right to petition the chair of the judicatory for a postponement of the hearing date, and the chair may grant such a petition if deemed essential for proper preparation or other necessary reasons, provided that the other party shall be notified before the postponement is granted. A postponement shall not be granted for more than fifteen days, except for extenuating circumstances.

12. Participants

5046. Only those who are members or ministers of The Wesleyan Church shall be allowed to participate in a hearing, except as witnesses and only those participating in the hearing shall be permitted to attend the hearing. Nonmembers who consent to testify may be brought in as witnesses at the hearing, but any witness, even a member, should not be allowed in the room except while testifying, unless this prohibition is waived by the chair of the judicatory. Witnesses shall be examined first by the party producing them, then cross-examined by the opposite party, after which any member of the judicatory or either party may put additional questions. All deliberations of a judicatory shall be considered confidential during and after the hearing, and members of a judicatory shall not discuss the matter with anyone outside the judicatory during the hearing.

13. Request for Withdrawal

5048. Whenever in the course of an investigation or hearing, the accused person shall request a letter of withdrawal from the Church, the same shall be granted and the matter shall end. It shall be noted on the membership records of the local church, and, when the accused is a minister, on the membership record of the district, as “withdrawn under accusation” whenever such request is during the investigation, and “withdrawn under charges” when such request is during the hearing (cf. Disc. 592).

14. Failure or Refusal to Appear

5050. Whenever an accused member or minister refuses to obey a properly issued citation to appear for hearing, or fails to appear except for unavoidable circumstances, the accused shall be considered guilty as charged and the judicatory may proceed to set the discipline. A member or minister of The Wesleyan Church who refuses a properly issued citation to appear as a witness shall likewise be deemed subject to church discipline (cf. 5010:3, 5038).

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