ARTICLE VI
COMPLAINT, INVESTIGATION, HEARING, TRIAL, AND
APPEAL FOR CASES INVOLVING SEXUAL ABUSE OF A MINOR
SUB-ARTICLE A: 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 Board Action under Article IV, except that the Regional Hearing
Committee shall replace the District Board, the Regional Executive Presbyter
shall replace the District Superintendent, and there need be no Board Inquiry in
that he or she has already confessed.
SUB-ARTICLE B: INVESTIGATION OF A COMPLAINT
Section 1.
Article VI matters involving sexual abuse of a minor are the sole matters that
trigger the involvement of the regional level. The Regional Judicial Officer shall
confirm with the District Superintendent that any applicable mandatory reporting
requirements have been fulfilled. Further, the Regional Judicial Officer 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.
For the purposes of an investigation, hearing, and trial, the district initiating the
action may be the district of the accused minister or the district in which the violation
allegedly occurred.
Section 3.
When a complaint for any alleged violation is properly received in writing from
a District Superintendent, within thirty (30) days the Regional Presiding Officer
who receives the complaint and the Regional Judicial Officer for the region in
which the complaint was made, with the assistance and input of the General
Board, shall appoint three (3) ordained ministers to serve as the investigative
committee. These ministers shall be selected from a pool of ministers comprised
of: 1) Those whose names were most recently nominated by districts to serve
on the MAC but who are not serving in that capacity and 2) Ministers selected
by the General Board who are adept at the JP. The Regional Presiding Officer
and the Regional Judicial Officer shall appoint one (1) of the three (3) committee
members as the Chair of the Investigative Committee. If any member has a
conflict of interest according to Article I, Section 1, Paragraph 12, he or she shall
disqualify himself or herself and the Regional Presiding Officer and Regional
Judicial Officer shall appoint another member to take his or her place.
Section 4.
The Regional Investigative Committee 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
Regional Presiding Officer. Witnesses may have one (1) support person present.
Section 5.
The Regional Investigative 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 6.
In the investigation of the complaint, the Regional Investigative 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 or her 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. This guidance, however, does not apply
to situations related to any criminal conduct that must be reported to authorities
by law. 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 Regional Investigative Committee.
3. Two (2) or three (3) Regional Investigative 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 a person or persons making the complaint, he or she need not give
permission to the Regional 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 Regional Investigative 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 Regional 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 Regional Investigative Committee may seek information from any other
source that could possess knowledge concerning the alleged violation(s).
Section 7.
At the conclusion of the investigation, the Regional Investigative Committee shall
submit to the Regional Judicial Officer 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 Regional Hearing Committee as the basis for a hearing.
SUB-ARTICLE C: 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 Regional Investigative Committee determines that the investigation
indicates a need for a hearing, the chair shall submit to the Regional Hearing
Committee a written investigative report setting forth the nature of the alleged
violation(s) as the basis of a hearing.
2. The Regional Hearing Committee shall conduct the hearing. This committee
shall be chaired by the Regional Judicial Officer for the region. The Regional Presiding Officer and Regional Judicial Officer shall, with the assistance and
input of the General Board, appoint five (5) ordained ministers to serve with the
Regional Judicial Officer as the Regional Hearing Committee. These ministers
shall be selected from a pool of ministers comprised of: 1) Those whose names
were most recently nominated by districts to serve on the MAC but who are not
serving in that capacity and 2) Ministers selected by the General Board who are
adept at the JP.
3. The Regional Judicial Officer shall set the date, place, and time for the hearing
that will be heard by the Regional Hearing Committee. 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 Regional Judicial Officer 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 or she 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 Regional Judicial Officer in writing, stating his or her
reason(s). Such notice must be received by the Regional Judicial Officer at
least forty-eight (48) hours prior to the designated time of the hearing. If the
Regional Investigative Committee determines that the reason is valid, the
Regional Judicial Officer shall contact the accused minister and reschedule
the hearing.
(b) If the Regional Investigative Committee determines that the reason(s) given
by the accused minister is/are not valid, the Regional Judicial Officer 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 minister’s credentials shall be
terminated without a trial.
Section 3. Procedure.
1. The hearing gives the accused minister an opportunity to respond to the evidence
and the Regional Hearing Committee 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 Regional Hearing Committee may have one
(1) or two (2) counselors to assist during the hearing. The accused minister
shall notify the Regional Judicial Officer in writing of the names of his or her
counselor(s) at least ten (10) days before the date of the hearing. The Regional
Judicial Officer shall notify the accused minister in writing of the names of the
Regional Hearing Committee’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 Regional Judicial Officer shall preside at the hearing, and he or she shall
appoint a member of the Regional Hearing Committee to serve as recording
secretary.
4. Only the members of the Regional Hearing Committee, the counselor(s) chosen by the Regional Hearing Committee, the members of the Regional 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 Regional 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 Regional Hearing Committee may hear other witnesses who have personal
knowledge about the evidence stated in the investigative report.
9. Members of the Regional Hearing Committee, the counselor(s) chosen by the
Regional Hearing Committee, 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, except he or she may
not directly question the alleged victims. Of the alleged victims he or she may
submit questions in writing to the chair of the Regional Hearing Committee
that he or she would like asked. The chair will do so, except that he or she may
disallow any question he or she deems to be inappropriate. When questioning
witnesses, all parties must avoid undue pressure or intimidation.
Section 4. Disposition.
1. If the Regional Hearing Committee determines that the evidence does not warrant
a trial, it shall dismiss the complaint against the minister.
2. If the Regional Hearing Committee determines through a secret ballot by a two-thirds
(2/3) majority vote that the evidence warrants a trial, then:
(a) The Regional Judicial Officer may meet with the accused minister, his or
her counselors, and two (2) Regional Hearing Committee members selected
by the Regional Judicial Officer in an attempt to resolve the matter without
a trial to the satisfaction of the accused minister and the Regional Hearing
Committee.
(b) If there is no such resolution of the matter, the Regional Hearing Committee
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 Regional Hearing Committee.
(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 D: NOTICE OF TRIAL
Section 1.
When the Regional Hearing Committee 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 Regional Hearing Committee 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 of the
district that submitted the complaint. 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 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 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 Regional Hearing Committee 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 in which the matter originated 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 E: 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, 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 Regional Executive Presbyter for
their approval or disapproval not less than thirty (30) days before the trial date.
The accused minister and the Regional Executive Presbyter 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 Regional Executive Presbyter 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 F: 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 regional representative
and his or her counselors may attend the trial. A witness 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 regional 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 that the minister be
dropped.
(c) If the regional representative persists in being unruly, the Regional
Presiding Officer shall dismiss him or her from the trial and recommend that
the Executive Board take disciplinary action against the regional representative.
One of the regional representative’s 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 regional 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 regional 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. If the accused minister does not have a counselor, he or she may directly question
witnesses himself or herself, except he or she may not directly question the alleged victims. Of the alleged victims he or she may submit questions in
writing to the Regional Presiding Officer that he or she would like asked. The
Regional Presiding Officer will do so, except that he or she may disallow any
question he or she deems to be inappropriate.
5. 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 regional 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.
6. 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.
7. 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.
8. 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 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 regional 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 regional 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 regional 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 sexual abuse of a minor as defined by
Article I, Section 1, Paragraph 23 of the JP, the Regional Presiding Officer shall
recommend that the minister’s credentials be terminated.
7. A minister who is found guilty may appeal the verdict and/or sentence to the
MAC in accordance with Sub-Article G, Sections 1 and 2 of this article.
8. 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.
9. 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.
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 every
UPCI credentialed minister of the district(s) of the accuser(s). If the accused
minister is found guilty on any charge, the General Secretary shall send a
letter stating the outcome of the trial to every UPCI credentialed minister in
his or her district and to every UPCI credentialed minister of the district(s) of
the complainant(s), if different. The identity of the complainants shall not be
revealed in the letters.
SUB-ARTICLE G: 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 regional 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 regional representative, and
the Regional Presiding Officer of the trial.
8. Both the regional 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 regional representative, his
or her 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 regional 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 Regional Hearing Committee
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. If the
accused minister is found guilty on any charge, the General Secretary shall send
a letter stating the outcome of the trial to every UPCI credentialed minister in
his or her district and to every UPCI credentialed minister of the district(s) of
the complainant(s), if different. The identity of the complainants shall not be
revealed in the letters.
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 Regional Hearing Committee
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. Regional Hearing Committee’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 Regional Hearing Committee 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 Regional Hearing Committee’s
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
Regional Hearing Committee 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 regional representative,
his or her 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 regional representative, his or her 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 regional representative and his or her counselors
shall present the side of the Regional Hearing Committee 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 regional representative, his or
her counselor(s), the Regional Presiding Officer of the trial, and the Regional
Presiding Officer of the MAC that 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 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. If the accused minister
is found guilty on any charge, the General Secretary shall send a letter stating
the outcome of the trial to every UPCI credentialed minister in his or her district and to every UPCI credentialed minister of the district(s) of the complainant(s),
if different. The identity of the complainants shall not be revealed in the letters.
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