ARTICLE V
COMPLAINT, INVESTIGATION, HEARING, TRIAL, AND
APPEAL
SUB-ARTICLE A: CASES INVOLVING SEXUAL ABUSE OF MINORS
Any complaint pertaining to sexual abuse of a minor shall be governed by the
steps in Article VI of the JP. Please see Article I, Section 1, Paragraph 23 and
Article I, Section 3, Paragraph 13 of the JP for more information.
SUB-ARTICLE B: EXPLANATORY NOTE
If at any point in the execution of the steps outlined in this article the accused
minister confesses in writing, the matter(s) to which he/she confessed shall be
handled by a District Board Action under Article IV, except that there need be no
District Board Inquiry in that he or she has already confessed.
SUB-ARTICLE C: INVESTIGATION OF A COMPLAINT
Section 1.
The District Superintendent is encouraged to communicate and counsel privately
with any minister about whom any question has surfaced in an attempt to resolve
the problem.
Section 2.
1. When a complaint is filed against a minister, if the District Superintendent
determines that the matter should be handled as a Grievance under Article III or
by a District Board Action under Article IV, he shall so advise the complainants
and shall request them to withdraw their formal complaint so that the appropriate
process may be followed.
2. Upon the receipt of a complaint that does not have the required information (see
Article I, Section 2, Paragraph 3), the District Superintendent shall inform the
signatories of the need of further appropriate information to meet the requirements.
Section 3.
For the purposes of an investigation, hearing, and trial, the district acting may be
the district of the accused minister or the district in which the violation allegedly
occurred.
Section 4.
When a complaint for any alleged violation is received in writing, within thirty
(30) days the superintendent of the district that receives the complaint shall
appoint two (2) ordained ministers of the district who are not members of the
District Board to serve with him as the investigative committee. (If there is not
an adequate number of ordained ministers in the district who have no conflict
of interest, members of the District Board may be appointed as necessary.) The
District Superintendent shall serve as the chair of the committee. If the District
Superintendent so desires, or if he has a conflict of interest according to Article I,
Section 1, Paragraph 12, he shall disqualify himself and appoint another member
from the District Board to take his place as chair.
Section 5.
The District Board and the accused minister may each have up to two (2) qualified
counselors to assist, advise, and speak for them in the investigation, representation,
and defense of a properly received complaint by the District Superintendent.
Witnesses may have one (1) support person present.
Section 6.
The committee shall investigate the alleged violation(s), taking care to safeguard
the welfare of all concerned: the persons making the complaint, the minister
against whom the complaint is made, all witnesses, the church, the district, and
the UPCI.
Section 7.
In the investigation of the complaint, the committee shall take the following steps
in the order given.
1. The chair shall notify the accused minister that a complaint of a ministerial
violation has been received, stating the nature of the complaint.
2. The chair shall give the accused minister an opportunity to meet informally
with him alone to respond to the complaint. (The accused minister may also
respond in writing.) This meeting is an attempt to resolve the complaint in a
spirit of brotherly love and concern. Neither side shall have counsel present for
this meeting, nothing said in this meeting shall be considered evidence, and
no record of the meeting shall be kept. The accused minister may choose not
to participate in this meeting, and that choice shall not jeopardize his or her
ministerial credentials, nor shall it prejudice the members of the Investigative
Committee.
3. Two (2) or three (3) committee members shall conduct an interview with each
person reporting the alleged violation(s) in an attempt to ascertain the factual
basis of the alleged violation(s). If the accused minister is the pastor of the
person or persons making the complaint, he or she need not give permission to
the investigative committee to interview the complainant, nor shall he or she
be present during the interview. If the complainant’s pastor is not the accused
minister, he or she shall receive adequate and advance notification of the interview
and shall have the right to be present for it.
4. The committee may interview other persons who are not the persons reporting
the alleged violation(s) but who may have personal knowledge of it/them. If
such a person is a member of a UPCI congregation, under no circumstances
shall the investigative committee interview that person without giving adequate
and advance notification to that individual’s current pastor, except that if the
pastor is the accused minister, he or she need not be contacted or give permission
for the interview; he or she shall not be present during the interview; and
neither the pastor nor any representative of the pastor may communicate with
the witness in any manner to try to influence his or her testimony. If the current
pastor is not the accused minister, he or she shall have the right to be present at
the interview.
5. The committee may seek information from any other source that could possess
knowledge concerning the alleged violation(s).
Section 8.
At the conclusion of the investigation, the committee shall submit to the District
Board a written investigative report setting forth the nature of the alleged
violation(s) and take one of the following actions:
1. Dismiss the complaint and notify the accused minister and the persons who
initiated the complaint.
2. Refer its findings to the District Board as the basis for a hearing.
SUB-ARTICLE D: HEARING
Section 1. Purpose.
The hearing is a part of the investigative process of a complaint against a minister.
Its purpose is to decide if the evidence included in the investigative report and
presented at the hearing warrants a trial.
Section 2. Notice.
1. If the investigative committee determines that the investigation indicates a need
for a hearing, the chair shall submit to the District Board a written investigative
report setting forth the nature of the alleged violation(s) as the basis of a hearing.
2. The District Board shall conduct the hearing.
3. The District Superintendent shall set the date, place, and time for the hearing
that will be heard by the District Board. The date for the hearing shall not be
less than twenty (20) days and not more than ninety (90) days from the time the
accused minister receives notice of the hearing.
4. The District Superintendent or District Secretary shall issue a summons to
the accused minister of the designated place, date, and time of the hearing.
The summons shall be by official notice. (See Article I, Section 1, Paragraph
8.) He shall also provide him or her a copy of the investigative report and the
complaint(s) by official notice.
(a) If the accused minister is unable to attend the hearing on the date set
because of extenuating circumstances, including, but not limited to the following:
scheduling issues, lack of ability to secure counsel, travel issues,
sickness, emergencies, disability, or any other legitimate reason, he or
she must notify the District Superintendent in writing, stating his or her
reason(s). Such notice must be received by the District Superintendent at
least forty-eight (48) hours prior to the designated time
of the hearing. If the investigative committee determines that the reason is
valid, the District Superintendent shall contact the accused minister and
reschedule the hearing.
(b) If the investigative committee determines that the reason(s) given by the
accused minister is/are not valid, the District Superintendent shall notify the
minister that the hearing is still scheduled at the originally designated place,
date, and time, and the minister shall appear at the hearing.
(c) If an emergency prevents the accused minister from attending, the accused
minister shall obtain two (2) unbiased ordained ministers to corroborate the
emergency. In this case, the hearing shall be rescheduled.
(d) If a minister fails to attend the hearing, the District Board may recommend
to the credentials committee that the minister’s credentialed be terminated
without a trial.
Section 3. Procedure.
1. The hearing before the District Board gives the accused minister an opportunity
to respond to the evidence and the District Board an opportunity to question
and discuss the matter with him or her. The hearing should be conducted with
brotherly love, with respect for all present, and as informally as the occasion
will permit.
2. The accused minister and the District Board may have one (1) or two (2) counselors
to assist during the hearing. The accused minister shall notify the District
Superintendent in writing of the names of his or her counselor(s) at least ten
(10) days before the date of the hearing. The District Superintendent shall
notify the accused minister in writing of the names of the District’s counselor(s)
at least ten (10) days before the date of the hearing. Failure of either party to
notify the other in this manner shall cause the non-complying party to forfeit the right to counselor(s) during the hearing.
3. The District Superintendent shall preside at the hearing and the District
Secretary shall serve as recording secretary.
4. Only the members of the District Board, the counselor(s) chosen by the District
Board, the members of the investigative committee, the accused minister, and
his or her counselors may attend the hearing. A witness and his or her support
person shall be present at the hearing only during his or her testimony.
5. A designated member of the investigative committee shall read the investigative
report before the presentation or discussion of the evidence.
6. The accused minister and his or her counselors may respond to the complaint.
7. The accused minister and his or her counselors may present witnesses and other
evidence on his or her behalf.
8. The District Board may hear other witnesses who have personal knowledge
about the evidence stated in the investigative report.
9. Members of the District Board, the counselor(s) chosen by the District Board,
and the counselor(s) for the accused minister may question any witness. If the
accused minister does not have a counselor, he or she may directly question
witnesses himself or herself. When questioning witnesses, all parties must
avoid undue pressure or intimidation.
Section 4. Disposition.
1. If the District Board determines that the evidence does not warrant a trial, it
shall dismiss the complaint against the minister.
2. If the District Board determines through a secret ballot by a two-thirds (2/3)
majority vote that the evidence warrants a trial, then:
(a) The District Superintendent may meet with the accused minister, his or her
counselors, and two (2) ministers selected by the District Superintendent
in an attempt to resolve the matter without a trial to the satisfaction of the
accused minister and the District Board.
(b) If there is no such resolution of the matter, the District Board shall draft a
charge or multiple charges according to Article I, Section 1, Paragraph 17.
It shall then forward the charge or charges to the Regional Presiding Officer
as the basis of a trial. The accused minister cannot appeal this decision of
the District Board.
(c) If there is no two-thirds (2/3) majority vote that the evidence warrants a
trial, then the complaint against the minister is deemed dismissed.
SUB-ARTICLE E: NOTICE OF TRIAL
Section 1.
When the District Board refers the accused minister to the Regional Presiding
Officer for trial, the Regional Presiding Officer shall designate the place, date, and
time for the trial. The date for the trial shall be set not less than thirty (30) days
and not more than ninety (90) days from the date the accused is referred for trial.
With the approval of the General Superintendent, the Regional Presiding Officer
may extend the time of ninety (90) days in the event of interruptions for extenuating
circumstances, including, but not limited to the following: scheduling issues,
lack of ability to secure counsel, travel issues, sickness, emergencies, disability,
or any other legitimate reason.
Section 2.
Within fifteen (15) days after the District Board refers the minister to a trial, the
Regional Presiding Officer shall summon to trial the accused minister by official
notice and send a copy of the charge against him or her. The summons shall give
the place, date, and time of the trial. The Regional Presiding Officer shall send a
copy of the summons to the District Superintendent. In case of postponement, the Regional Presiding Officer can make an exception to the time of notice with the
approval of the General Superintendent.
Section 3.
The accused minister, individually or by and through counsel, has fifteen (15)
days after receipt of the summons to trial to state in writing to the Regional
Presiding Officer whether he or she will appear at the trial. If the accused minister
or his or her counsel does not respond to the summons or communicates that the
accused minister will not appear at the trial, the Regional Presiding Officer shall
recommend to the Credentials Committee that the accused minister’s credentials
be terminated without right of appeal.
Section 4.
Should the accused minister receiving a summons to trial be unable to appear
at the trial because of extenuating circumstances, including, but not limited to
the following: scheduling issues, lack of ability to secure counsel, travel issues,
sickness, emergencies, disability, or any other legitimate reasons, he or she must
notify the Regional Presiding Officer in writing, stating his or her reason(s). Such
notice must be received by the regional presiding officer at least forty-eight (48)
hours prior to the designated time of trial.
1. If the Regional Presiding Officer finds the reason(s) to be valid, he or she shall
reschedule the trial and notify the accused minister and others involved. After
he or she reschedules the place, date, and time, he or she shall reissue the summons.
2. If the Regional Presiding Officer determines that the reason given by the
accused minister is not valid, he or she shall notify the minister that the trial is
still scheduled for the originally designated time, date, and place. The minister
shall appear at the trial.
3. If an emergency prevents the accused minister from attending, the accused
minister shall obtain two (2) unbiased ordained ministers to corroborate the
emergency. In this case, the trial shall be rescheduled.
4. The Regional Presiding Officer shall recommend to the Credentials Committee
that the accused minister’s credentials be terminated without right of appeal if
the accused minister fails to appear at a scheduled trial.
Section 5. Counselors.
1. The accused minister and the District Board shall both be allowed to have one
(1) or two (2) counselors to assist and advise them during the trial proceedings.
2. Each party shall notify the Regional Presiding Officer in writing of the names
of its counselors at least ten (10) days before the date of the trial. Failure to
notify the Regional Presiding Officer in this manner may cause him or her to
inform the non-complying party of the forfeiture of the right to counselors during
the trial.
Section 6.
The Regional Presiding Officer shall appoint an ordained minister from the region
to serve as recording secretary for the trial. The recording secretary shall not be
a member of the District Board that referred the case to trial and shall not have a
conflict of interest concerning the accused minister or any witness as defined by
Article I, Section 1, Paragraph 12.
SUB-ARTICLE F: SELECTION OF THE JURY
Section 1.
The jury shall consist of nine (9) ordained ministers and two (2) alternate
ordained ministers.
Section 2.
Each District Board shall select and keep a venire of ten (10) to twenty (20)
ordained ministers. If a district does not have ten (10) ordained ministers who are
eligible, the District Board shall select as many venire individuals as possible.
They shall write the name of each venire individuals on a paper, place each paper
in a separate sealed envelope identified by the name of the district, and mail the
envelopes to the General Secretary at Headquarters, who shall keep the envelopes
on file until the Regional Presiding Officer calls for them. The names of the venire
individuals shall be kept private until they are requested to serve on a jury.
Section 3.
The District Board shall update the names of venire individuals each year, preferably
changing the names when possible.
Section 4.
At the request of the Regional Presiding Officer, the General Secretary shall
forward to the officer as many sealed envelopes from his or her region as he or
she requires.
Section 5.
A venire individual who is a member of the accused minister’s district or of the
district in which he or she is being tried shall not serve on the jury.
Section 6.
The Regional Presiding Officer shall send a list of the names of the ministers so
selected to the accused minister and to the superintendent of the district involved
for their approval or disapproval not less than thirty (30) days before the trial date.
The accused minister and the District Superintendent must indicate their approval
or disapproval not less than twenty (20) days before the trial date. Failure to
respond may cause forfeiture of the right to disapprove any name. The accused
minister and the District Superintendent may each disapprove up to three (3)
names for no stated reason.
Section 7.
A member of a District Board shall not serve on a jury.
Section 8.
The Regional Presiding Officer shall notify the ministers who have been selected
to serve on the jury. If a selected minister has formed an opinion on the case or
if he or she has a conflict of interest according to Article I, Section 1, Paragraph
12, the Regional Presiding Officer shall disqualify him or her from serving. The
Regional Presiding Officer shall admonish each selected member of the jury to
keep his or her selection private, not to discuss the case, and to approach the trial
with an unprejudiced mind.
SUB-ARTICLE G: THE TRIAL
Section 1. Attendance.
Only the Regional Presiding Officer, the recording secretary, the jury and alternates,
the accused minister and his or her counselors, and the district representative
and his or her counselors may attend the trial. A witness and his or her support
person may attend the trial only while giving his or her testimony.
Section 2. Order.
1. The Regional Presiding Officer shall preside over the trial. He or she has the
authority to maintain order, rule on questions and objections, and act on any
matter that will secure a fair and impartial trial.
2. In the event the accused minister, the district representative, or any counselor
becomes unruly, the Regional Presiding Officer may sequester the jury and warn the person misbehaving that a continuation of such behavior could result
in serious consequences (e.g., he or she could be dismissed from the trial, his
or her credentials could be terminated, etc.) Being unruly includes intimidation
of witnesses, the
Regional Presiding Officer, counselors, or other participants in the judicial
process. (See Introduction.)
(a) If a counselor persists in being unruly, the Regional Presiding Officer shall
dismiss him or her from the trial.
(b) If the accused minister persists in being unruly, the Regional Presiding
Officer shall terminate the trial and recommend to the Credentials
Committee that the minister be dropped.
(c) If the district representative persists in being unruly, the Regional Presiding
Officer shall dismiss him from the trial and recommend that the Executive
Board take disciplinary action against the district representative. One of
the District Board counselors shall then present the evidence against the
accused minister.
Section 3. Records.
1. The recording secretary shall keep a written record and shall make one (1) official
audio recording of all the proceedings at the trial. No other audio or video
recording of any part of the trial proceedings is permitted.
2. All records of the trial shall be the property of the UPCI and held in custody
during the trial by the Regional Presiding Officer, who shall make them available
to the accused minister, the district representative, and counselors for
either party, but only under his or her supervision.
3. No copies or recording(s) shall be made of the trial records.
4. After the final disposition of the case, the Regional Presiding Officer together
with the recording secretary shall seal the records and mail them to the General
Secretary with a signed report of this action. These sealed records shall not be
opened except by the approval of the Executive Board.
Section 4. Procedure.
1. The district representative and his or her counselor(s) shall present the
case against the minister first, including all testimony intended to prove the
charge(s) made against the accused minister. No questions can be asked or
evidence presented unless such questions and evidence are relevant to said
charges.
2. The accused minister shall be given equal or greater time and opportunity to
present his or her side of the case. Statements by the minister or his or her
counselor(s) must be relevant to the charges being considered and must not
include counter accusations against anyone. All testimony from witnesses or
the accused minister must be pertinent to the charge(s) on which the minister is
being tried.
3. A witness for either side may be cross-examined by the opposing side with
due respect; no discourteous acts or words shall be permitted. A witness may
be cross-examined as to possible collusion, conspiracy, prejudice, motive, or
bias. The Regional Presiding Officer has the right to question the witness for
clarification. No member of the jury shall be permitted to question the witness.
4. Testimony of a witness not physically or virtually present may be read to the
jury under the following conditions.
(a) The witness cannot be a signer of the complaint.
(b) The witness was unable to appear due to illness, physical disability, or
extreme distance from the place of the trial, or was otherwise legitimately
unable to appear.
(c) The testimony of the witness was obtained in writing, dated, and signed in the presence of an ordained minister or notary public who has no personal
interest in the case and who is not an immediate or former relative
of the accused minister or district representative. (See Article I, Section 1,
Paragraph 12(b).) He or she shall sign and date the paper.
(d) The Regional Presiding Officer is to instruct the jury to weigh the testimony
in the light that the witness cannot be cross-examined in the trial, and they
should not give this type of witness the same weight as a witness who
attends in person.
5. The accused minister shall have the right to refuse to testify on his or her own
behalf on the grounds that he or she may tend to incriminate himself or herself.
If he or she chooses to testify, he or she may be cross-examined. If he or she
chooses not to testify, he or she shall not voice himself or herself in any manner
during the trial.
6. Opportunity for rebuttal testimony shall be granted to both sides. After both
sides have made a second rebuttal, the Regional Presiding Officer may end
the rebuttals, even if one or both sides wish to continue. After rebuttals, each
side shall be granted an opportunity for a closing statement, with the accused
minister’s side being last. No new evidence and no witnesses may be presented
in the closing statements.
7. When both sides finish their closing statements, the Regional Presiding Officer
shall close the trial proceedings.
Section 5. Deliberation of the Jury.
1. At the close of the trial proceedings, the Regional Presiding Officer shall give
the jury a written copy of the charge.
2. The Regional Presiding Officer shall instruct the jury on the procedure to reach
a verdict. He or she shall also inform the jury that it shall reach one of the following
verdicts on each charge:
(a) The accused minister is innocent not guilty of the charge(s).
(b) The accused minister is guilty of the charge(s) as stated.
(c) The accused minister is guilty of a lesser violation that is not specified in the
charge(s) but is logically included in the charge(s) by implication.
3. Only the members of the jury shall retire to themselves to consider the verdict.
They shall elect a member of the jury to serve as foreperson.
4. The foreperson of the jury shall preside during the deliberations. He or she shall
call for a vote at various intervals to determine if a verdict has been reached.
5. The vote shall be by secret ballot. No verdict can be reached except by a two-thirds
(2/3) majority vote.
6. Only the Regional Presiding Officer has the right to contact the jury, and then
only regarding matters not pertaining to the case under consideration and in the
presence of the accused minister, the district representative, and counselors for
both sides.
7. The foreperson of the jury may come before the Regional Presiding Officer
and in the presence of the accused minister, the district representative, and
counselors for each side to ask questions concerning the General Constitution
or the JP that may not be clear in the minds of the jury. Such conferences must
be limited to the purpose of clarification and must not be used to discuss any
evidence or testimony.
Section 6. Verdict.
1. When the jury reaches a verdict, the foreperson shall so inform the Regional
Presiding Officer, who shall call for the announcement of the verdict.
2. The verdict must be in accordance with the instruction given to the jury by the
Regional Presiding Officer.
If it is not, the Regional Presiding Officer shall instruct the jury to resume
deliberations.
3. When multiple charges are filed, the jury shall render a verdict on each charge.
4. The Regional Presiding Officer shall present a written copy of the verdict
signed by the jury foreperson to the accused minister and the district representative
by official notice.
5. If the accused minister is found not guilty, the verdict shall be final. He or she
shall not be tried a second time on the same charge(s) or in any manner involving
the original facts and circumstances.
6. If the accused minister is found guilty of immoral conduct as defined by
the General Constitution, Article VII, Section 9, Paragraph 1, the Regional
Presiding Officer shall recommend to the Credentials Committee that the minister’s
credentials be terminated.
7. If the accused minister is found guilty of any charge other than immoral conduct
as defined by the General Constitution, Article VII, Section 9, Paragraph
1, the jury shall determine the sentence by taking one or more of the following
actions.
(a) Warn and advise the minister.
(b) Take appropriate disciplinary action, which may include a rehabilitation
program administered by the District Board.
(c) Place the minister on probation to be administered by the District Board.
Any minister placed on probation shall submit his or her fellowship card to
the District Superintendent for the duration of the probation. He or she shall
support the district and pay his or her membership dues. He or she shall not
be permitted to preach or to transfer his or her membership to another district.
This restriction from preaching may be general, or it may be applicable
only outside the minster’s local church at the jury’s discretion. The jury
shall specify the date the probation ends or the date it shall be reviewed by
the District Board, who shall then be given sole discretion as to ending or
extending the probation.
(d) Recommend to the Credentials Committee that the minister’s credentials be
terminated.
(e) If the accused is found guilty only of a lesser charge than filed against him
or her by the District Board, the jury must select one or more of (a)-(c)
immediately above for each charge.
8. A minister who is found guilty may appeal the verdict and/or sentence to the
MAC in accordance with Sub-Article H, Sections 1 and 2 of this article.
9. In the event the jury cannot reach a verdict, the Regional Presiding Officer
shall declare a mistrial. He or she shall then set the place, date, and time for a
new trial, and follow the provisions of this article. No member of the jury or
alternate in the first trial shall serve in the second trial.
10. Within thirty (30) days after the conclusion of the trial and appeal process, the
General Secretary shall send a letter to the accused minister stating the verdict.
11. If the accused minister is found not guilty on all charges, the General Secretary
shall upon a request from him or her send a copy of the letter to every UPCI
credentialed minister in the district of the accused minister, as well as every
UPCI credentialed minister of the district(s) of the accuser(s).
SUB-ARTICLE H: APPEALS BY A MINISTER OR A DISTRICT FOLLOWING A TRIAL
Section 1. Minister’s Appeal of the Verdict of a Trial.
1. A minister who has been found guilty by a trial may appeal the verdict to the
MAC.
2. A minister who appeals a verdict must do so within twenty (20) days after he
or she receives the notification of the verdict or else he or she forfeits the right
to appeal.
3. He or she must send this appeal by official notice to the General Secretary.
4. He or she may appeal this verdict on one or both of the following grounds.
(a) The trial was not conducted in accordance with the JP. An appeal on this
ground must be based on an objection or objections raised in a timely manner
during the trial (when the error may have been corrected).
(b) The evidence presented at the trial is insufficient to support the verdict.
5. The General Superintendent shall select another Regional Presiding Officer for
the appeal.
6. The General Secretary shall send by official notice a copy of the appeal to the
district representative and to both the original and the new regional presiding
officers.
7. The new Regional Presiding Officer shall set the place, date, and time for the
MAC to hear the appeal. He or she shall communicate this information by official
notice to the minister who has appealed, the district representative, and the
Regional Presiding Officer of the trial.
8. Both the district representative and the Regional Presiding Officer of the trial
may submit written responses to the appeal.
9. The MAC shall not conduct a trial but must limit its inquiry to the grounds
allowed for an appeal.
10. Only the Regional Presiding Officer of the trial, the district representative, his
counselors, the accused minister, and his or her counselors may appear before
the MAC. Their presentation must be pertinent to the grounds stated for appeal.
11. The counselors for the minister making the appeal shall present the case for the
appeal first.
12. After the MAC hears the counselors, asks relevant questions, receives information
from the Regional Presiding Officer of the trial, and reviews the records of
the trial, the appeal, and the written responses, it shall take one of the following
actions.
(a) Uphold the verdict.
(b) Reverse the verdict if the evidence is insufficient to support the verdict.
(c) Order a new trial if it finds that the JP was not followed and that the error
could have had a material effect on the outcome of the trial. In the case of a
new trial, the Executive Board:
(1) Shall designate another Regional Presiding Officer for the trial.
(2) Shall refer the case to the Regional Presiding Officer, who shall set the
place, date, and time for the new trial and shall follow all applicable
procedures for a trial in this article.
13. The Regional Presiding Officer of the MAC shall communicate the decision of
the MAC to the minister who has appealed, to the district representative, to the
Regional Presiding Officer of the trial, and to the General Secretary by official
notice within ten (10) days of the decision.
14. In the event the MAC overturns the verdict, the District Board may appeal to
the General Board, whose decision shall be final. (See Section 3 of this Sub-
Article below.)
15. Within thirty (30) days after the conclusion of the trial and appeal process, the
General Secretary shall send a letter to the accused minister stating the verdict.
16. If the accused minister is found not guilty of all charges, the General Secretary
shall upon a request from him or her send a copy of the letter to every UPCI
credentialed minister in the district of the accused minister, as well as to every
UPCI credentialed minister of the district(s) of the accuser(s), if different.
17. If the MAC does not rule in favor of the accused minister under this section, he
or she has no further right of appeal of the verdict.
Section 2. Minister’s Appeal of the Sentence Following a Trial.
1. A minister who has been sentenced may appeal the sentence to the MAC. A minister who appeals a sentence must do so within twenty (20) days after he or
she receives official notice of the sentence.
2. The procedure to appeal the sentence shall be the same as the procedure given
for an appeal of a verdict in Section 1 immediately above, except that the minister
may appeal on one (1) or both of the following grounds:
(a) The sentence is not consistent with the General Constitution.
(b) The sentence is too severe for the violation.
3. In response to the appeal, the MAC shall take one (1) of the following actions:
(a) Uphold the sentence.
(b) Modify the sentence.
4. In the event the MAC modifies the sentence, the District Board may appeal to
the General Board, whose decision shall be final. (See Section 3 immediately
below.)
5. Within thirty (30) days after the conclusion of the trial and appeal process, the
General Secretary shall send a letter to the accused minister stating the verdict.
6. If the MAC does not rule in favor of the accused minister under this section, he
or she has no further right of appeal of the sentence.
Section 3. District’s Appeal to the General Board of a MAC Decision.
1. In the event the MAC overturns the verdict of the jury, rules a mistrial, or modifies
the sentence, the District Board may appeal the decision of the MAC to
the General Board, whose decision shall be final. Such an appeal must be made
within twenty (20) days of the district being notified of the MAC’s decision.
2. The appeal shall be a review of the decision of the MAC and shall not be a new
trial.
3. The General Secretary shall send by official notice a copy of the appeal of the
District Board to the accused minister, his or her counselor(s), the Regional
Presiding Officer of the trial, and the Regional Presiding Officer of the MAC
that heard the appeal.
4. The General Superintendent shall set the place, date, and time for reviewing the
appeal, preferably, but not necessarily, at the next General Board meeting, and
shall communicate the same by official notice to the accused minister, his or her
counselor(s), the Regional Presiding Officer of the trial, the district representative,
his counselor(s), the Regional Presiding Officer of the MAC that heard the
appeal, and if a special General Board meeting is necessary, to the members of
the General Board. He shall be the presiding officer at the appeal.
5. At the appeal, only the members of the General Board, the Regional Presiding
Officer of the trial, the district representative, his counselor(s), the accused minister,
his or her counselor(s), and the Regional Presiding Officer of the MAC
that heard the appeal may be present.
6. During the appeal process, the district representative and his counselors shall
present the side of the District Board first.
7. The counselors for the accused minister shall thereafter be allowed to present
the side of the accused minister.
8. The General Board shall (1) sustain the decision of the MAC or (2) overturn the
decision of the MAC in favor of the verdict and/or sentence by the jury.
9. Within thirty (30) days of the conclusion of this appeal, the General Secretary
shall communicate by official notice the decision of the General Board to
the accused minister, his or her counselor(s), the district representative, his
counselor(s), the Regional Presiding Officer of the trial, and the Regional
Presiding Officer of the MAC which heard the appeal.
10. If the accused minister is found not guilty of all charges, the General Secretary
shall upon a request from him or her send a copy of the letter to every UPCI
credentialed minister in the district of the accused minister, as well as to every
UPCI credentialed minister of the district(s) of the accuser(s), if different.
The above is part of the judicial procedure of the United Pentecostal Church International and is provided for informational purposes.
Page Added February 10, 2007 & Updated March 3, 2024