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C&MA  2007 International Ministries Handbook: SECTION M
DISCIPLINARY PROCEDURES AND APPEALS

  1. Purpose and Scope. Discipline is an exercise of spiritual authority that Christ has delegated to His Church to restore an offender with grace and to maintain the purity of the Church and the honor of the Redeemer. Discipline cases are handled in accordance with Matthew 5:23-24; Matthew 18:15-17; 1 Corinthians 5:3-5, 13; and 2 Thessalonians 3:6.
  2. General Procedure. The Word of God is the standard by which faith and conduct are evaluated, while the policies of the C&MA are the guide by which the standard is applied. Disciplinary procedures are exercised through the following administrative bodies:
    1. Field Leadership Team
    2. International Ministries
    3. C&MA Board of Directors
    4. Local U.S. C&MA church
  3. Field Procedure for Handling Cases Involving Charges of Misconduct Denied by the Accused. In situations where the conduct of a missionary is seriously questioned by another missionary, the FLT, the national church, a school personnel or advocate, or a non-C&MA individual and where the accused missionary denies any guilt or wrongdoing, the following procedures are followed.
    1. Reporting to International Ministries. At first opportunity the FD informs the RD of the situation and immediately provides a preliminary written report.
    2. Initiating and Investigating a Charge(s).
      1. By a Missionary. If a missionary has firsthand knowledge or reliable information concerning an offense committed by a member of the mission team that is a justifiable cause for discipline, it is that missionary’s duty to submit a charge in writing to the FD. An individual missionary may not bring a charge against another missionary directly to IM independent of the FD/FLT except in the case of a charge of child abuse which may require direct reporting to the RD/IM.
      2. By the Field Leadership Team. In cases where no formal charge is made by an individual missionary, but in the view of the FD/FLT a situation exists that may require disciplinary action,. the FLT shall follow normal disciplinary procedures.
      3. By the National Church. Charges brought against a missionary by the national church, are made officially by the national church president to the FD, after which the FLT shall follow normal disciplinary procedures.
      4. By MK School Personnel, School Advocate, or a non-C&MA Individual. If an MK School personnel, an Advocate, or a non-C&MA individual has firsthand knowledge or reliable information concerning an offense committed by a member of the mission team that is a justifiable cause for discipline, it is that individual’s duty to submit a charge in writing to the FD. An individual may not bring a charge against another missionary directly to IM independent of the FD/FLT except in the case of a charge of child abuse which may require direct reporting to the RD/IM.
      5. Investigation of a Charge(s). In all of the above situations, the FLT appoints a committee to investigate. None of the members of the committee should be related to the accused missionary or the charging party. In the case of a charge of child abuse, at least one investigator, if at all possible, should be a trained abuse investigator as designated by IM. Should the investigative committee discover grounds for a charge, it brings the charge before the FLT. In the case where a school has instituted its own investigation and found a basis for a charge under the Child Abuse Protection and Response Procedures policy, such charge will be brought before the FLT as provided for herein.
    3. Conducting the Hearing.
      1. The FLT constitutes the Committee on Discipline and is chaired by the FD. In the absence of an FLT, the Committee on Discipline is appointed by the RD. The Committee on Discipline determines a time for a hearing. A copy of the charges, including specific details, is given to the accused at least one week before the day of the hearing.
      2. The accused or the complainant may have a minister, missionary, or church member serve as an advisor, subject to the procedural rules of the hearing (see Manual of The Christian and Missionary Alliance, page E8-7). The advisor may examine witnesses and address the Committee on Discipline but may be requested to withdraw at any time during the process of the hearing. The employment of legal counsel is not permitted at any time.
      3. IM may assist the Committee on Discipline by providing any pertinent information on the case that may come to its attention in the United States.
      4. The accused is required to answer the charges before the Committee on Discipline, which prepares a summary of the answers in written form for the record. The accused and the complainant may bring witnesses before the Committee on Discipline.
      5. The Committee on Discipline exercises great care in evaluating the credibility of the witnesses. Questions put to the witnesses are to be pertinent. Hearsay evidence is not admissible. The Committee retires to render its decision.
      6. A full record of the proceedings, including charges, evidence, defense, and conclusions, is kept in a confidential file by the FD. The RD and the missionary against whom the charges have been brought will receive copies of the complete written record.
      7. If the accused is acquitted, the charges made, as well as the Committee’s judgment of acquittal, are entered into confidential minutes of the FLT.
      8. If the evidence indicates that the accused is guilty and that discipline is necessary, the Committee on Discipline recommends appropriate action to IM and enters its findings into the confidential minutes of the FLT.
  4. Field Procedure for Handling Cases Involving Voluntary Confession of Serious Misconduct. A missionary who recognizes the need to confess personal conduct that is not in keeping with the Scriptures or in serious violation of C&MA policies makes an admission of his offense directly to the FD.
    1. Responsibilities of the Field Director. The FD, having heard and evaluated the confession of the missionary involved, takes the following action.
      1. Requests the offending missionary to prepare a written statement detailing his offense and his intention to repent and be placed under discipline with a view to eventual reinstatement.
      2. Calls a special meeting of the FLT (or subcommittee) to review the written statement of the missionary involved and to interview the person more thoroughly.
      3. Informs the RD immediately and sends him a copy of the missionary’s confession and a copy of the FLT’s report of the proceedings as soon as it is available.
    2. Responsibility of the Committee on Discipline.
      1. The Committee on Discipline determines the gravity of the situation and whether or not a full confession has been made.
      2. If satisfied that no further inquiry is required, the Committee on Discipline reports its findings and recommendations to the RD and the offending missionary.
      3. If the Committee on Discipline concludes that the missionary has given a less-than-full disclosure of his misconduct, it appoints an investigative committee in accordance with C.2 above and proceeds, if necessary, with the process of bringing formal charges against the missionary involved. Such charges are made in accordance with the procedures outlined in “Conducting a Hearing” on page M-1.
  5. Implementation of Discipline. Depending on the nature of the offense, the following disciplines may be invoked.
    1. Reprimand. Reprimand is the lowest degree of censure and consists of a written statement by the VP/IM reproving the missionary and warning him of the consequences of any further misconduct.
      1. The missionary is exhorted to strive for a more constant walk with the Lord.
      2. The missionary’s relationship to the field, IM, and the C&MA is not concluded.
      3. Regular accountability of the missionary to a fellow believer is established.
    2. Probation. If a missionary is found guilty and admits to imprudent and/or unchristian conduct or defiance of constituted authority, he is placed on probation. Probation is administered only if it has been demonstrated that the missionary’s continued presence on the field will not be detrimental to the national church and/or to the missionary community.
      1. Probation should not to exceed one year, during which time the missionary remains on the field.
      2. A review of the case is made at the conclusion of the probationary period. The missionary on probation:
        1. Does not serve on any mission committees.
        2. Is under the direction of the FLT, or its appointed representative, and participates only in ministries approved by the FLT.
        3. Walks circumspectly, proving himself before God and the community.
        4. Establishes accountability with a fellow believer.
        5. Receives regular pastoral care as arranged by the FD.
        6. Is required to return to the homeland in the event that he does not fulfill the requirements established by the FLT during the probationary period.
    3. Suspension. If a career missionary or career missionary associate is found guilty of immorality, gross disobedience, insubordination, serious indiscretion, or other offenses that require his removal from service with IM, the offending missionary surrenders his credentials as a C&MA worker to the FD immediately.
      1. If the missionary makes a full confession to the Committee on Discipline and indicates a desire to place himself under discipline, the missionary is suspended from service for a specified period of time.
      2. In cases of immorality, suspension for two years is the minimum penalty applied. (Because missionary associates are appointed for a specific period of time, their relationship with IM is concluded.)
      3. The offending missionary remains on allowance up to three months after returning to the U.S. and on the C&MA health plan up to six months to assist with counseling costs. The non-offending spouse may remain on allowance and benefits for a longer period if determined necessary by IM.
      4. The FD, in consultation with IM, arranges for the missionary’s immediate return to his home country.
      5. An IM representative meets with the missionary and the pastor of the C&MA church where he will reside to hear a full confession and to transfer responsibility of the disciplinary process to the local church.
      6. IM, in consultation with the local church, recommends appropriate pastoral care and counseling for the missionary during the period of his suspension.
    4. Dismissal. If the accused is found guilty of immorality, propagating doctrines contrary to the basic teachings of the C&MA, or other serious offenses and shows no evidence of repentance or desire to place himself under discipline, he is dismissed from service with IM and the C&MA. His official credentials as a C&MA worker are surrendered to the FD immediately. The FD arranges for the missionary’s immediate return to his home country. In all cases, dismissal shall be applied to an accused found guilty of sexual abuse of a child and under no circumstances will such individual be returned to missionary service in the C&MA.
    5. Discipline of Non-U.S. C&MA Missionaries. The missionary’s sending agency is the only body authorized to discipline and dismiss its personnel. However, IM reserves the right to remove non-U.S. C&MA missionaries from the field when such action is deemed necessary.
  6. Procedure for Acting on Disciplinary Cases.
    1. After receiving the reports of the FD and the Committee on Discipline, IM takes the following action.
      1. The reports concerning the incident and any accompanying recommendations of the Committee are carefully evaluated. IM may request additional information prior to making a decision.
      2. The decision of IM is promptly reported to the missionary involved through the appropriate channels.
      3. In cases of suspension and dismissal, the VP/IM officially informs the C&MA president, the C&MA Board of Directors, the VP/NCM, and the missionary’s district superintendent, local pastor, and supporting church(es) of the charges.
      4. In the case of a married couple where a spouse is judged to be innocent, penalties of reprimand and probation are not applied to the innocent party. Where suspension or dismissal is the penalty imposed, the innocent spouse incurs the effects of the discipline of the offender by virtue of the marriage relationship. However, a statement declaring the innocence of the non-offender is placed in the couple’s file. IM may grant permission for the innocent spouse to be involved in non-IM ministry during the discipline period.
      5. In the case of a non-U.S. C&MA missionary, IM reports the matter to the president of the missionary’s sending agency or to the person designated in the contractual agreement with the sending agency.
    2. When accusations of misconduct are made against the FD, they are submitted by the FLT to the RD, who initiates the disciplinary proceedings.
    3. When accusations of misconduct are made against a missionary on home assignment, IM initiates the disciplinary proceedings.
  7. Guidelines for Processing Appeals.
    1. Basis for Appeal. The accused may appeal to IM for reconsideration of its decision if there is alleged improper procedure on the part of the field investigative committee and/or the FLT or if new evidence has come to light.
    2. Procedure for Appeal for U.S. Missionaries.
      1. Notice of appeal must be given in writing within 30 days after notification of IM’s decision.
      2. IM may reject the appeal. If the accused decides to make a further appeal, the VP/IM is obligated to forward the missionary’s request to the C&MA Board of Directors.
      3. If an appeal is sustained by the C&MA Board of Directors, the decision of IM may be altered or reversed.
  8. Procedure for Reinstatement of Missionaries Under Suspension.
    1. Responsibilities of the Missionary Seeking Reinstatement.
      1. Places himself under the direction of the pastor and elders of his local C&MA church or submits to another arrangement as determined by IM for the period of time designated.
      2. Refrains from public ministry while demonstrating faithfulness in church attendance and support of the local church.
        1. In cases where a missionary has been put under discipline for a one-year period, the supervising elder group may permit him to participate in minimal local church or public ministry after six months.
        2. In cases where a missionary has been put under discipline for a two- year period, the supervising elder group may permit him to participate in minimal local church ministry after one year.
      3. Demonstrates gracious acceptance of the disciplinary requirements as stipulated by the local church leadership.
      4. Exemplifies a lifestyle that conforms to biblical principles.
      5. Cooperates fully in a counseling program recommended by IM or the local church. Funding for counseling is the responsibility of the missionary.
      6. Repays outstanding financial obligations to the C&MA.
    2. Evaluation by International Ministries upon Application by the Missionary for Reinstatement.
      1. IM receives written reports from those who supervised the missionary’s rehabilitation.
      2. If deemed appropriate, IM reports to the FLT and the national church concerning the missionary’s progress and gives an opportunity for the mission and church to express their views regarding the missionary’s return to the field.
      3. IM interviews the missionary to determine if a return to the field is advisable.
      4. Based on all the information at hand, IM either recommends the missionary’s reinstatement to the C&MA Board of Directors or rejects the application for reinstatement.
      5. Upon reinstatement of the missionary by the C&MA Board of Directors, IM determines if the missionary may return to his former field of service. In some cases an appointment to a new field may be more appropriate.
      6. Upon reinstatement of a non-U.S. C&MA missionary by his sending agency, IM determines if the missionary may return to his former field of service if it is U.S. administered. In some cases an appointment to a new field may be more appropriate.

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