ARTICLE IV
DISTRICT BOARD ACTION AND APPEAL
Section 1. Cases Involving Sexual Abuse of Minors
Refer to Article I, Section 3, Paragraph 13 for information about the application
of this Article to any JP matter related to alleged sexual abuse of a minor.
Section 2. District Board Procedure.
1. The District Superintendent or a presbyter at his designation should communicate
and counsel privately with a minister about whom questions have surfaced
in an attempt to clear any misunderstanding and resolve any problems without
board action. This first meeting should include an explanation to the minister of
the JP relative to a District Board Action should such an action follow. Neither
side shall have counsel present for this meeting, and nothing said in this private
conversation shall be considered evidence. Our first obligation is to create a
Christian atmosphere in which misunderstandings and problems can be cleared
and resolved by brotherly love and concern.
2. The District Board may request a meeting or meetings with any minister to
discuss allegations of ethical, moral, financial, or doctrinal violations or allegations
of violations of the ministerial rules and obligations.
The first meeting(s) would be considered informal and any participation by the
minister or any lack thereof would not jeopardize the ministerial credentials of
said minister. The first meeting(s) would only be for the purpose of resolving
some question(s) about the minister that has/have surfaced. Neither side shall
have counsel present for this/these meeting(s), and nothing said in this/these
meetings shall be considered evidence.
3. If the informal meeting(s) has/have not resolved the issue or if the minister
declines to attend, the District Board may summon the minister to a District
Board Inquiry under the JP, and the minister in question will be afforded all
the protections of a minister facing a hearing regarding a formal complaint per
Article V, except a formal investigation (e.g. investigative committee, investigative
report, etc.) is not required, as the District Board will have knowledge
of the matter.
Section 3. District Board Inquiry.
1. The District Board may summon a minister to a District Board Inquiry for an
alleged violation of ministerial rules and obligations in the General Constitution
of the UPCI, Article VII, Sections 2, 7, and 8. This includes alleged conduct
unbecoming a minister when there is no significant factual dispute about the
minister’s conduct (e.g., the minister has signed a written confession or there
is clear, unambiguous evidence through audio, video, or text documentation).
When a minister is summoned to appear at a District Board Inquiry, he or she
has the right to have up to two (2) counselors to appear with him or her.
2. The District Board may be the district of the minister or the district in which
the failure or violation allegedly occurred.
3. The summons shall be by official notice. (See Article I, Section 1, Paragraph 8.)
4. The summons shall cite the alleged violation clearly and concisely and give
the place, date, and time the summoned minister is to attend the District Board
Inquiry. Failure to comply with the summons may result in the District Board’s
recommending to the credentials committee that the minister be dropped from
the UPCI.
5. If the allegations that have arisen are based on statements given by witnesses,
the accused minister or his or her counselors shall have the right to question
those bringing the allegations.
6. The summoned minister, either individually, or with the assistance of counsel,
may request a rescheduling from the District Board for extenuating circumstances,
including, but not limited to, the following: scheduling issues, lack of
ability to secure counsel, travel issues, sickness, emergencies, etc. The District
Board shall take all reasonable steps needed to allow a minister enough time to
secure counsel.
7. If after a District Board Inquiry, the District Board determines through a secret
ballot by a two-thirds (2/3) majority vote that the minister has violated one or
more of his or her obligations, or if the minister confesses in writing to the
same, the District Board may take one or more of the following actions.
(a) Warn and advise the minister.
(b) Take appropriate disciplinary action, which may include a rehabilitation
program.
(c) Place the minister on probation. 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 (the parameters
of this restriction to be set by the District Board) or to transfer his or her
membership to another district.
(d) Recommend to the credentials committee that the minister’s credentials be
terminated.
Any such decision should be made in a reasonable amount of time, not to
exceed seventy-two (72) hours from the close of the Inquiry. The minister in
question and his or her counsel may be informed verbally of such a decision
but shall be notified by official notice (See Article 1, Section 1, Paragraph 8)
of the decision of the District Board within ten (10) days of the close of the
Inquiry.
8. In the case of disciplinary action, the District Board shall specify what is
expected of the minister to remedy the violation. In the case of probation, the
District Board shall inform the minister of the restrictions and specify the date
the probation ends or is reviewed.
9. Any alleged violation of the restrictions imposed on a minister for discipline or
probation shall be handled by a further District Board Action.
Section 4. Appeal.
1. The minister may appeal being dropped or other disciplinary action to the
MAC. Such appeal must be made by official notice to the Regional Presiding
Officer within twenty (20) days after the minister has received official notice
of the District Board action resulting either from the District Board Inquiry or
from his or her written confession.
2. The Regional Presiding Officer shall expeditiously deliver a copy of the appeal
to the District Superintendent by official notice.
3. In consultation with the counselors, the Regional Presiding Officer shall set the
place, date, and time for the meeting of the MAC to review the appeal, notifying
the members of the council, the minister making the appeal, and the District
Superintendent. He or she shall also appoint a member of the council to serve
as recording secretary.
4. The MAC may review the district and other records pertaining to the case. The
minister making the appeal, his or her counselor(s), a representative from the
District Board, and his counselor(s) shall appear before the council to present
their cases.
5. The MAC’s purpose is not to retry the case but to protect the rights of all parties
by ensuring that the JP was properly followed, including determining that any
discipline imposed was appropriate.
6. No witnesses shall be allowed to testify before the MAC and no new evidence
shall be presented or considered by the MAC that was not presented to the
applicable District Board.
7. All affidavits submitted for consideration at the MAC shall be signed and dated
by the person giving the Affidavit, and then notarized by a notary public.
8. After examining the appeal, the MAC may:
(a) Sustain the District Board’s action.
(b) Reverse the District Board’s action.
(c) Modify the discipline if it determines that the discipline is inappropriate
for the infraction. In this case, the MAC may alter the discipline, impose
a different discipline, or remand the case to the District Board with guidelines
for an acceptable discipline. To arrive at this modified discipline, the chairman of the MAC or a member of the MAC at his or her direction may
counsel with both parties to negotiate a mutually reasonable and acceptable
resolution.
9. Within ten (10) days after the council reaches a decision, the Regional Presiding
Officer shall communicate the decision by official notice to the minister who
has appealed and to the District Board.
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