3.10 Cases Without Disciplinary Hearings      Top
     3.11  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.
     3.12  When a minister, at his or her own initiative, shall acknowledge to the committee on the ministry an error or offense and give evidence of a sincere effort to correct the matter, the committee shall report the facts to the presbytery. If in the opinion of the presbytery the matter may be resolved satisfactorily in this way, with the consent of the person, disciplinary action may be taken without a formal disciplinary hearing. If the error or offense is of a serious nature, or if the facts of the case seem to warrant it, the presbytery shall proceed with a disciplinary hearing.
     3.13  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. 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.
     3.14  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 presbyterial roll by action of the presbytery. 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. 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.

3.200 Procedures for Disciplinary Hearings      Top
     3.201  Any charges made against a person shall be received by a session/presbytery only if they are in the form of a written document signed by the person making the charges.
     3.202  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 abuse or sexual harassment, in which case a 10 (ten) year time limit shall apply, but in the case of sexual abuse or molestation of a child, no time limit shall apply.
     3.203  When a session/presbytery 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. In the case of a member, if the charges are concerning matters of potentially serious consequences, the session may at this point or at some subsequent point in the hearing suspend the person from any position of leadership until the conclusion of the hearing and of any appeals. In the case of a minister, if the charges are concerning matters of potentially serious consequences, the presbytery may at this point or at some subsequent point in the hearing suspend the person from the performance of the duties of the office of ministry until the conclusion of the hearing and of any appeals. In both cases it shall be stated that the suspension is not a presumption of guilt but is a measure needed for the welfare of the person and the church.
     3.204  If the committee reports that it finds no basis for the charges, the session/presbytery may take action to dismiss the case and declare the person innocent. If the committee finds some basis for the charges and the person acknowledges the error or offense, the committee shall report the facts to the session/presbytery. If in the opinion of the session/presbytery the matter can be dealt with satisfactorily without continuing the hearing, with the consent of the person charged, who must be present, it may proceed to take disciplinary action. The moderator shall cause the accused to stand and shall read to him or her the charges. If the accused acknowledges guilt as charged, the moderator shall cause the statement to be placed in the record. The hearing shall then be concluded according to the procedures of a full disciplinary hearing, beginning at the point that guilt is established (3.207n).
     3.205  If the person has not acknowledged guilt as charged or if in the opinion of the session/presbytery a full disciplinary hearing is needed to establish the facts of the case, it shall proceed to conduct the hearing according to the following procedures:

a.		A date for the hearing to continue shall be set no sooner than fourteen days. The moderator shall direct the clerk to give written notice of the hearing to the person charged, the person filing the charges, all members of the judicatory, and all witnesses named by the person charged, the person filing the charges, and the investigating committee. The moderator shall then appoint a member of the investigating committee to prepare a report to contain the charges, the information the committee obtained in its investigation, and a statement that the decision for a hearing is not to be taken as a presumption of the guilt of the accused;
b.		Written notice of the disciplinary hearing shall be sent by registered mail by the clerk of the session/presbytery, postmarked not later than seven days before it is to be held. The notice shall be accompanied by a copy of the report prepared at the direction of the moderator by a member of the investigating committee;
c.		If the person charged fails to appear at the hearing, a second notice shall be sent in the same manner and to the same persons for a new date for the hearing to be held within ten days of the first date.

     3.206  A disciplinary hearing shall be conducted on the basis of evidence. It may be held by the session/presbytery, by a commission which it appoints, or by a coordinate body in another place, if the accused resides there. The purpose of the hearing is to receive testimony or other evidence related to the case, to decide the innocence or guilt of the person charged, and to place the guilty person under such discipline as seems appropriate. The hearing shall be a closed meeting, except when an open meeting is agreed to by the person charged and the session/presbytery. If a closed meeting, the persons permitted to attend shall be members of the judicatory and others who have received official notice of the meeting.
     3.207  If the person charged shall appear on the first or second date set for the hearing, the session/presbytery shall proceed as follows:

a.		The moderator shall charge the members of the body and all others present to remember the purpose of discipline in the church;
b.		The report which was circulated with the notice of the disciplinary hearing shall be read;
c.		If the person making the charges against the accused fails to appear at the hearing, the session/presbytery shall consider whether this is sufficient grounds for terminating the hearing and may effect such termination with the consent of the person accused;
d.		The list of witnesses shall be read. Challenges may be made as to the competency of any witness, but the judicatory shall determine the matter of competency;
e.		The accused may give a statement in response to the charges;
f.		Testimony and other evidence against the accused shall be received. Care should be exercised in receiving the testimony, if it is given in a bitter, retaliatory spirit;
g.		Testimony and other evidence on behalf of the accused shall be received;
h.		Opportunity shall be given for the accused or any member of the body to question any person giving testimony or other evidence. All questions are put by permission of the moderator, subject to appeal by the body. Frivolous or irrelevant questions shall not be permitted;
i.		The accused may challenge the right of any member of the body to speak or vote on the grounds of undue personal interest in the case. A member's right to speak or vote may also be challenged if that member has expressed opinions on the case to the accused or to persons who are not members of the judicatory. All challenges shall be decided by the body;
j.		A final statement may be made by the accused;
k.		Discussion of the case by members of the session/presbytery shall be held for the purpose of evaluating evidence, with each member speaking only once, unless permitted by the session/presbytery to speak again;
l.		A motion regarding the innocence or guilt of the person shall be made, with each member of the body being permitted to speak only once. Only those who have been present for the entire proceedings shall be permitted to vote;
m.		If the person is found innocent he or she shall stand as the moderator announces the decision. The moderator shall then admonish all present concerning the gravity of such a proceeding and shall point out the possible injury to individuals and the church that may result from unfounded charges. He or she shall conclude the hearing by reminding all those present of the nature of the church as a fellowship of reconciliation and urge upon all the responsibility of Christians to act toward each other in the spirit of repentance and forgiving love;
n.		If the person is found guilty, a motion to determine the discipline under which he or she shall be placed shall be made, with each member of the session/presbytery being permitted to speak only once. Only those who have been present for the entire proceedings shall be permitted to vote;
o.		When the nature of the discipline has been determined, the person shall stand while the moderator speaks to him or her concerning the decisions of the body affecting his or her guilt and discipline. The moderator shall urge the person to respond to the decisions in prayer, self-examination, and such efforts as are possible to remedy the error or offense; and shall convey the hope and desire of the session/presbytery that reconciliation may occur;
p.		The person placed under discipline may be given an opportunity to respond to the decisions of the session/presbytery, after which the moderator shall conclude the hearing by reminding all present of the nature of the church as a fellowship of reconciliation and urge upon all the responsibility of Christians to act toward each other in the spirit of repentance and forgiving love;
q.		A full record of the hearing shall be kept by the clerk. All questions asked each witness and the answers given shall be recorded and read to the witnesses for approval and signature. The record of the hearing, when signed by the moderator and clerk shall be available to a higher judicatory in the event of an appeal. Copies shall be available, at their expense, to the accused, those filing charges, and members of the body.

     3.208  If the person accused does not appear at the first or second hearing, the session/presbytery shall consider whether this shall be taken as evidence of guilt. If so taken, it shall proceed with the hearing following the steps outlined for the full hearing from the point of the determination of guilt (3.208k). If in the opinion of the body the welfare of the accused and of the church require a full hearing it shall proceed in the following manner.

a.		The moderator shall charge the members of the body and all others present to remember the purpose of discipline in the church;
b.		The report which was circulated with the notice of the disciplinary hearing shall be read;
c.		If the person making the charges against the accused failed to appear at the hearing, the session/presbytery shall consider whether this is sufficient grounds for terminating the hearing.;
d.		The list of witnesses shall be read. Challenges may be made as to the competency of any witness, but the judicatory shall determine the matter of competency.
e.		Testimony and other evidence against the accused shall be received. Care should be exercised in receiving the testimony, if it is given in a bitter, retaliatory spirit;
f.		Testimony and other evidence on behalf of the accused shall be received;
g.		Opportunity shall be given for the members of the body to question any person giving testimony or other evidence. All questions are put by permission of the moderator, subject to appeal by the body. Frivolous or irrelevant questions shall not be permitted;
h.		Discussion of the case shall be held for the purpose of evaluating evidence, with each member of the body being permitted to speak only once, unless permitted by the session/presbytery to speak again.
i.		A motion regarding the innocence or guilt of the person shall be made, with each member of the body being permitted to speak only once. Only those who have been present for the entire proceedings shall be permitted to vote;
j.		If the person is found innocent, the moderator shall announce the decision, and shall then admonish all present concerning the gravity of such a proceeding, and shall point out the possible injury to individuals and the church that may result from unfounded charges. He or she shall conclude the hearing by reminding all those present of the nature of the church as a fellowship of reconciliation and urge upon all the responsibility of Christians to act toward each other in the spirit of repentance and forgiving love;
k.		If the person is found guilty, a motion to determine the discipline under which he or she shall be placed shall be made, with each member of the session/presbytery being permitted to speak only once. Only those who have been present for the entire proceedings shall be permitted to vote.
l.		The moderator shall conclude the hearing by reminding all present of the nature of the church as a fellowship of reconciliation and shall urge upon all the responsibility of Christians to act toward each other in the spirit of repentance and forgiving love.
m.		A full record of the hearing shall be kept by the clerk. All questions asked a witness and the answers given shall be recorded and read to the witnesses for approval and signature. The record of the hearing, when signed by the moderator and clerk shall be available to a higher judicatory in the event of an appeal. Copies shall be available, at their expense, to the accused, those filing charges, and members of the body.
n.		After the conclusion of the hearing, the clerk shall notify the accused of the results of the hearing. If the person has been found guilty, the notification shall contain a statement of the charges that were substantiated by evidence, and a statement setting forth the nature of the discipline imposed. The communication shall urge the person to respond to the decisions of the session/presbytery with prayer, self-examination, and such efforts as are possible to remedy the error or offense and shall convey the hope and desire of the session/presbytery that reconciliation may occur.

     3.209  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/presbytery to conduct another hearing.
     3.210  If, on appeal, new evidence is offered, the judicatory to which the appeal has been made may remand the case back to the session/presbytery for a new hearing, or with the consent of the person accused and the session/presbytery, it may proceed with the consideration of the appeal.
     3.211  The removal of a suspension or the act of deposing shall be by the same judicatory and in the same manner in which it was imposed. Sufficient and reliable testimony or other evidence shall be presented that the person has repented of the error or offense and has taken steps to correct the matter. On the basis of evidence the session/presbytery may act to remove the suspension or the act of deposing.
     3.212  When a person under some kind of discipline moves permanently to a place outside the bounds of the judicatory exercising the discipline, the judicatory may, if it seems advisable and if agreeable to the person and the corresponding judicatory where the person resides, transmit a copy of the record of the disciplinary hearing to that body, which shall proceed to act as though it had conducted the hearing.

3.30 Specific Procedures for Elders and Deacons      Top
     3.31  No elder or deacon, because of the office, is to be shielded from investigation or discipline; nor is he or she, because of the prominence which the office gives, to be subjected to investigation on insignificant charges nor disciplined on slight grounds.
     3.32  If an elder or deacon has been found guilty of an error or offense that has caused great harm in the church and seriously compromised his or her ability to perform the duties of the office, regardless of any mitigating circumstances, he or she shall be suspended or deposed. The session shall nevertheless express its hope that healing and reconciliation may be accomplished.
     3.33  When an elder or deacon has been suspended or deposed, the session shall continue to exercise pastoral care over the person, with the particular intention of bringing about reconciliation and restoration.
     3.34  When an elder or deacon is suspended or deposed, or when the suspension or deposition has been removed, notice of the action shall be given to the congregation.
     3.35  When an elder or deacon has been deposed, the action to remove the discipline renews the ordination and restores the office, but in order to serve in a congregation the person must be elected again.

3.400 Specific Procedures for Ministers      Top
     3.401  No minister, because of the office, is to be shielded from investigation or discipline; nor is he or she, because of the prominence which the office gives, to be subjected to investigation on insignificant charges nor disciplined on slight grounds.
     3.402  When a minister shall habitually fail to engage in some form of ministry approved by the presbytery as described in the Constitution, it shall be the duty of the presbytery through its committee on the ministry to inquire into the reasons for such failure and to take such action as may be proper.
     3.403  If a minister has been found guilty of an error or offense that has caused great harm in the church and seriously compromised his or her ability to perform the duties of the office, regardless of any mitigating circumstances, he or she shall be suspended or deposed. The presbytery shall nevertheless express its hope that healing and reconciliation may be accomplished.
     3.404  When a minister has been suspended or deposed, the presbytery through its committee on the ministry shall continue to exercise pastoral care over the person. The committee shall be responsible to report to the presbytery any recommendations regarding the removal of the suspension or deposition. In the case of deposition, the committee shall confer with the person about his or her continuing church relation.
     3.405  When a minister is suspended he or she shall not perform the duties of the office in any church during the time of suspension. Any church which he or she is serving as pastor shall be notified of the suspension. Any church, aware of the suspension, and which permits the minister to perform the duties of the office in its bounds during the time of suspension, becomes liable to discipline.
     3.406  When a minister is suspended, the presbytery may, at its discretion, dissolve the pastoral relationship which he or she has with any church in its bound.
     3.407  When a minister is deposed he or she shall not perform the duties of the office in any church. Any church which he or she is serving as pastor shall be notified, and the presbytery shall dissolve the pastoral relationship. Any church which is aware of the act of deposing, and which permits the minister to perform the duties of the office in its bounds, becomes liable to discipline.
     3.408  When a minister has been deposed, or when the act of deposing has been removed, the presbytery shall notify the clerks of all other presbyteries. This notice shall state only that the person was found guilty of a serious error or offense. The notice of restoration shall state only that the presbytery has received satisfactory evidence of the repentance of the person and of steps taken to correct the error or offense.
     3.409  A suspended or deposed minister shall be restored only at his or her request and after exhibiting for a satisfactory period of time repentance for the error or offense and after making an effort to remedy the wrong that was done. Testimonies or petitions on his or her behalf shall be considered as evidence favorable to restoration.
     3.410  The action of a presbytery to remove the act of deposing a minister renews his or her ordination and restores the office.