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Proposed Amendments
D-10.0102 The written
statement may be submitted
Statement by the following:
of Offense
D-10.0102(a) a. a person under jurisdiction of a
Accusation
governing body of a Primary Synod
(Westminster or Auburn) of the
Presbyterian Church (U.S.A.), making
an accusation against another. Both
the accusor and the accused must
be aligned with the same Primary
Synod (Auburn or Westminster),
and
the Statement of Accusation
must be filed with a governing
body aligned with the same
Primary
Synod.
D-10.0102(b) b. a member of a governing
Governing
body, aligned with the same
Body Primary
Synod (Westminster
or Auburn) as the accusor and
accused, which has received
information
from any source
that an offense may have
occurred which should be
investigated for the purpose
of discipline; or
D-10.0102(c) c. a person under jurisdiction
Self- of
a governing body of the
Accusation Presbyterian Church (U.S.A.)
coming forward in self-
accusation, before a governing
body of the same Primary
Synod
(Westminster or Auburn)
which the self-accusor is aligned.
D-10.0103 Upon receipt of a written
statement
Referral to of an alleged offense, the clerk of
Investigating
session or the stated clerk of
Committee Presbytery, aligned with the same
Primary Synod (Auburn or
Westminster) as the accusor
and
the accused, without
undertaking
further inquiry,
shall
then report to the governing
body only that an offense has been
alleged without naming the accused
or
the nature of the alleged offense,
and refer the statement immediately
to an investigating committee.
D-10.0104 When a member is accused
of an offense
Accusation by a written statement presented to a
from Other governing
body other than the one
Governing having jurisdiction over the matter,
Bodies but,
aligned with the same Primary
Synod (Auburn or Westminster) as
the accused, it shall be the duty of
the
clerk of that session or the stated
clerk of that Presbytery to submit the
written statement to the clerk of
session or the stated clerk of the
Presbytery have jurisdiction over the
member. The involved governing
bodies shall proceed cooperatively
with judicial process.
D-10.0105 (Unchanged)
Transfer
Prohibited
D-10.0106 (Unchanged)
Administrative
Leave
D-10.0201 An
inquiry shall be made by an
Investigating investigating committee designated
Committee
by the governing body, aligned with
the same Primary Synod (Auburn
or Westminster) as the accused,
having jurisdiction over the member
to determine whether charges should
be filed.
D-10.0201(a) a. An investigating committee shall
Membership have
no more than five but no less
than three members, and may include
members from another governing
body aligned with the same Primary
Synod
(Westminster or Auburn)
as the accused, if appropriate. A
session shall not appoint the same
members
of the session that are
members of the investigating committee.
D-10.0201(b) b. A Presbytery aligned with the same
Appointment
Primary Synod (Auburn or Westminster)
by Rule as the accused, may
provide by rule for
appointment of an investigating
committee.
D-10.0201(c) c. The expenses of an investigating
Expenses committee
shall normally be paid by
the
governing body having designated
it. If, however, the written statement
results from information presented
to
a governing body, aligned with the
same Primary Synod (Westminster or
Auburn) as the accused, other than
the one having jurisdiction over the
member, the governing body within
whose
bounds the alleged offense
occurred shall pay for the expenses
of investigating within its bounds
D-10.0202 The investigating committee
shall
Investigating
Committee a. (Unchanged)
Responsibilities
b.
(Unchanged)
c. (Unchanged)
d.
(Unchanged)
e. (Unchanged)
f. (Unchanged)
g. (Unchanged)
h. initiate, if it deems appropriate,
alternative
forms of resolution,
ordinarily
after the investigation
has been completed, probable
cause has been determined, but
before the charges have been filed.
The purpose of alternative forms of
resolution will be to determine if
agreement can be reached between
all parties involved concerning any
charges
which may be filed.
(1) Any mediation shall be
completed within 120 days
unless a continuance is allowed
by the session or Permanent
Judicial Commission aligned with
the
same Primary Synod as the
accused (Auburn or Westminster).
(2) The investigating committee
shall report any settlement
agreement to the session or
Permanent Judicial Commission
aligned with the same Primary Synod
(Westminster
or Auburn) as the
accused,
to obtain their approval of
such settlement.
(3) The session or Permanent
Judicial Commission shall
convene to receive the settlement
agreement; vote to approve it by
at
least two-thirds of the members
eligible
to vote; make a record of its
proceedings, including the name of
the accused, the substance of the
accusation or charge, and censure;
and transmit its decision to the
clerk of session or stated clerk
aligned
with the same Primary Synod
(Auburn or Westminster) as the
accused, such clerk or stated clerk
shall then record and report it.
(4) All parties shall be provided
an advocate throughout settlement
negotiations.
(5) If a settlement satisfactory to all
parties involved in the mediation is
not reached, the investigating
committee
shall proceed to
the filing of charges.
D-10.0202 i. (Unchanged)
D-10.0202
j. (Unchanged)
Designate
Prosecuting
Committee
D-10.0203 a.
(Unchanged)
Rights of
the Person
Accused b. (Unchanged)
c.
(Unchanged)
D-10.0204 During the course of investigation,
Petition
the person against whom an allegation
Commission has been made may petition the
to Review
commission to review procedures of
Procedures the investigating committee. Proper
subjects
for such a petition shall be
limited
to whether the committee
has followed a proper trail of evidence,
whether
the evidence being
considered
is properly in the hands
of the investigating committee,
and whether the committee has
examined relevant evidence
proposed by the accused.
D-10.0204 (a) a. (Unchanged)
D-10.0204(b) b. The results
of the review
shall be communicated to
the moderator of the
commission, aligned with
the same Primary Synod
(Auburn or Westminster),
as the accused. This review
will be limited to the charges
brought.
D-10.0301 If the investigating committee
Communicate initiates
an alternative form of
Determination resolution, it shall notify the
governing
body, aligned with
the same Primary Synod
(Westminster or Auburn) as
the accused, through its clerk
of session or stated clerk.
D-10.0302 If the investigating committee
If Charges has decided to file charges, it
are to be
shall promptly inform the accused
Filed
in writing of the charges it will
make,
including a summary of
the
facts it expects to prove at
trial to support those charges.
It shall ask the accused if that
person wishes to plead guilty
to the charges to avoid full
trial and indicate the censure
it will recommend to the
session or Permanent
Judicial Commission aligned
with the same Primary Synod
(Auburn or Westminster), as
the accused.
D-10.0303 If no charges are filed, the
Petition
for investigating committee
Review
shall file a written report
of that fact alone with the
stated clerk of session or
the stated clerk of the
Presbytery aligned with the
same Primary Synod (Westminster
or
Auburn) as the accused,
and notify the person who
submitted the written statement.
D-10.0303(a) a. (Unchanged)
D-10.0303(b)
b. (Unchanged)
D-10.0303(c) c. The designated members of
the
Permanent Judicial
Commission, aligned with the
same Primary Synod (Auburn
or Westminster) as the accused,
shall consider the petition and the
response, giving attention to the
duties required by their Primary
Synod (Westminster or Auburn),
and
to the question of whether
the
principles of church discipline
will be preserved by the decision
of the investigating committee
not to file charges. The decision
of the designated members of the
commission upon the petition and
response shall be rendered within
ninety days.
D-10.0303(d) d. If they sustain the petition, a
new investigating committee
shall be appointed by the
session or Presbytery aligned
with the same Primary Synod
(Auburn or Westminster) as
the accused.
D-10.0303(e) e. If once again no charges are
filed, the matter is concluded
D-10.0303(f) f. If charges are filed, considerations
shall be given to the possibility
of reference.
D-10.0304 If no charges are filed, the disposition
Disposition of the investigation committee's records
of Records shall
be done be in accordance with
session
or Presbytery policy, in
accordance with their Primary
Synod's guidelines (Westminster
or Auburn).
D-10.0401 (Unchanged)
Time Limit
D-10.0402 If charges are filed, the
Prosecution
prosecuting committee aligned
of Case with the
same Primary Synod
(Auburn or Westminster), as
the
accused, shall prosecute
the case and represent the
church
during any appeals.
D-10.0402(a) a. All disciplinary cases shall
Parties
be filed and prosecuted by a
governing body aligned with
the same Primary Synod as
the accused (Westminster or
Auburn), through an investigating
committee
and a prosecuting
committee in the name of the
Presbyterian Church (U.S.A.).
The prosecuting committee is
the representative of the church
and Primary Synod, and, as
such has all of te rights of
the approporiate governing body
in the case.
D-10.0402(b) b. The only parties in a disciplinary
Only Two
case are the prosecuting governing
Parties body,
aligned with the same Primary
Synod
as the accused (Auburn or
Westminster), and the accused.
D-10.0403 Each charge shall
allege only one
Form of offense.
Charge
D-10.0403(a) a. Several charges against the same
Several person
may be filed with the
Together governing body
at the same time
D-10.0403(b) b. (Unchanged)
Details of
the Charge
D-10-0403(c) c. Several charges against the same
Tried
person may, in the discretion of the
Together session
or Permanent Judicial
Commission, aligned with the same
Primary Synod (Auburn or Westminster)
as the accused, may be tried together.
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