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C&MA 2007
International Ministries Handbook: SECTION M
DISCIPLINARY PROCEDURES
AND APPEALS
- 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.
- 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:
- Field Leadership Team
- International Ministries
- C&MA Board of Directors
- Local U.S. C&MA church
- 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.
- Reporting to International Ministries. At first opportunity
the FD informs the RD of the situation and immediately provides
a preliminary written report.
- Initiating and Investigating a Charge(s).
- 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.
- 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.
- 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.
- 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.
- 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.
- Conducting the Hearing.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Responsibilities of the Field Director. The FD, having heard
and evaluated the confession of the missionary involved, takes
the following action.
- 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.
- 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.
- 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.
- Responsibility of the Committee on Discipline.
- The Committee on Discipline determines the
gravity of the situation and whether or not a full confession
has been made.
- If satisfied that no further inquiry is required,
the Committee on Discipline reports its findings and
recommendations to the RD and the offending missionary.
- 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.
- Implementation of Discipline. Depending on the nature
of the offense, the following disciplines may be invoked.
- 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.
- The missionary is exhorted to strive for a more
constant walk with the Lord.
- The missionary’s relationship to the field, IM,
and the C&MA is not concluded.
- Regular accountability of the missionary to a
fellow believer is established.
- 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.
- Probation should not to exceed one year, during
which time the missionary remains on the field.
- A review of the case is made at the conclusion of
the probationary period. The missionary on probation:
- Does not serve on any mission committees.
- Is under the direction of the FLT, or its appointed
representative, and participates only in ministries approved
by the FLT.
- Walks circumspectly, proving himself before God and the
community.
- Establishes accountability with a fellow believer.
- Receives regular pastoral care as arranged by the FD.
- 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.
- 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.
- 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.
- 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.)
- 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.
- The FD, in consultation with IM, arranges for the
missionary’s immediate return to his home country.
- 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.
- IM, in consultation with the local church, recommends
appropriate pastoral care and counseling for the missionary
during the period of his suspension.
- 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.
- 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.
- Procedure for Acting on Disciplinary Cases.
- After receiving the reports of the FD and the Committee on
Discipline, IM takes the following action.
- 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.
- The decision of IM is promptly reported to the missionary
involved through the appropriate channels.
- 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.
- 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.
- 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.
- When accusations of misconduct are made against the FD, they
are submitted by the FLT to the RD, who initiates the
disciplinary proceedings.
- When accusations of misconduct are made against a missionary
on home assignment, IM initiates the disciplinary proceedings.
- Guidelines for Processing Appeals.
- 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.
- Procedure for Appeal for U.S. Missionaries.
- Notice of appeal must be given in writing within 30 days
after notification of IM’s decision.
- 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.
- If an appeal is sustained by the C&MA Board of Directors,
the decision of IM may be altered or reversed.
- Procedure for Reinstatement of Missionaries Under
Suspension.
- Responsibilities of the Missionary Seeking Reinstatement.
- 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.
- Refrains from public ministry while demonstrating
faithfulness in church attendance and support of the local
church.
- 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.
- 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.
- Demonstrates gracious acceptance of the disciplinary
requirements as stipulated by the local church leadership.
- Exemplifies a lifestyle that conforms to biblical
principles.
- Cooperates fully in a counseling program recommended by IM
or the local church. Funding for counseling is the
responsibility of the missionary.
- Repays outstanding financial obligations to the C&MA.
- Evaluation by International Ministries upon Application by
the Missionary for Reinstatement.
- IM receives written reports from those who supervised the
missionary’s rehabilitation.
- 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.
- IM interviews the missionary to determine if a return to
the field is advisable.
- 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.
- 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.
- 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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