Recommended Church Discipline Procedures

A Introduction

1. Use of this Document

1. Scripture must be followed and consulted throughout any discipline process.
2. This document seeks to protect all parties and to promote good order.
3. The following is to be an aid for wisdom in navigating disciplinary cases.
4. Although this document may be cited to promote order and wisdom, it is not binding to any party.
5. The authority of the presbytery, council, and synod resides with those respective courts inasmuch as they follow God’s word; authority does not reside in this document.

2. Overview of Discipline

1. Discipline is essential to the spiritual health of the congregation, ensuring that the integrity of the faith is upheld, that repentance and restoration are pursued, and that sins are addressed in a biblical manner.
2. Discipline consists of both positive guidance (counsel) and corrective measures (warning or excommunication).
3. It must always be exercised in accordance with Scriptural principles and with respect for the rights of all parties.

B Biblical principles for just rulings

If any one of these principles is not adhered to, justice is unlikely. All of them must be followed. We must all stand before God.

1. Hear the Matter

No judgment should be rendered, or pronouncement of guilt and sentencing, without first properly hearing and weighing the matter. An accusation of guilt alone is not enough to establish the guilt of a person (Dt 19:15–21).

2. Informal Discipline

Informal, private counsel (discipleship) before formal discipline: Mt 18:15–17: “Moreover if your brother sins against you, go and tell him his fault between you and him alone. If he hears you, you have gained your brother.” When possible, less severe measures of discipline (such as counsel and warning) should be pursued prior to excommunication. The prophets (including Jesus) warned Israel before they were judged.

3. Charges based on Biblical Law

Charges must be for violations of God’s law (not man’s law or subjective preferences). Dt 16:20: “Justice, and only justice, you shall follow.” Paul, in 1 Corinthians 5:11, illustrates kinds of sins which could rise to the level of excommunication.

4. Specificity of Charges

Objective specific instances of violations of God’s Law must be the basis of charges. Judges are required to make careful inquiry, searching out, and asking diligently, and determine if the allegations are indeed true and certain (Dt 13:14; 19:18). Broader terms can be pastorally investigated to determine what violations of God’s law may be taking place.

5. Individual Defendants

Each person tried individually: people stand before the judgment seat of God as individuals (Mt 16:27; Rom 2:6), and the same pattern follows in all lesser courts. According to Acts 5:1-11, husbands and wives were given separate responses.

6. Formal Trial

When anyone is accused, he has the right to be formally tried, heard, and present with his own witnesses (Dt 19:15–21). Any party has a right to respond to charges and witnesses (Acts 25:16). Nicodemus correctly stated judicial law when he rhetorically asked, “Does our law judge a man without first giving him a hearing and learning what he does?” (Jn 7:51). The answer, of course, was no. The law allows him to speak. If the accused does not wish to appear or bring any defense, this should not prevent a formal trial and sentencing from occurring.

7. Plurality of Witnesses

At least two witnesses (can include physical evidence) are required to substantiate each allegation (Dt 17:6; 19:15; Num 35:30; Mt 18:16; 2 Cor 13:1; 1 Tim 5:19; Heb 10:28). Jesus applies this law to church discipline (Mt 18:16). Paul teaches that the law shows no favoritism and the standard for accusation against an elder is not higher or lower than this (1 Tim 5:19).

8. Cross-Examination of Witnesses

False testimony may at first appear reasonable: “The first one to plead his cause seems right, until his neighbor comes and examines him” (Pro 18:17). Therefore, diligent inquiry and cross-examination helps to sift false testimony from the truth (Dt 13:14). Sometimes only half-truths are presented, which, if judged hastily without diligent inquiry, can result in injustice.

9. Objective Evaluation of Evidences

The prosecution and defense should be given opportunity to present all their evidence at trial, and adequate time to respond.

1. “Does our law judge a man without first giving him a hearing and learning what he does?” (Jn 7:51).
2. Note the unjust nature of the trial of Jesus happening in haste at night/early hours (Mt 26:57-68; Mk 14:53-65; Lk 22:54-71; Jn 18:12-24).
3. “If one gives an answer before he hears, it is his folly and shame” (Pro 18:13).
4. Even the Gentiles give time and opportunity for presentation of evidence and defense (appealed by Paul in Acts 25:16).
5. Moses gave Pharaoh time to respond to charges, etc.
6. “Let every person be quick to hear, slow to speak, slow to anger” (Jas 1:19).
7. However, justice should not be unduly delayed (“Because the sentence against an evil deed is not executed speedily, the heart of the children of man is fully set to do evil,” Ecc 8:11).
8. Honest, balanced, objective (not subjective) weights and measures are required in judgment: Lev 19:15-16; 35-36; Dt 25:13-16; Pro 11:1; 20:10, 23; Mic 6:10-11; Eze 45:10, Mt 7:15-23.

10. No Partiality

Judges are not to show partiality, just as God himself shows no partiality (Dt 1:16-17; 10:17; 1 Pet. 1:17). He condemns all men who do not follow His example in this (Lev 19:15; Jas 2:9).

C Rights of the accused

1. Right to silence

1. The accused shall not be required to testify or provide any evidence in their own defense.
2. The burden of proof lies with the accuser.
3. The accused’s silence shall not be used as evidence of guilt.
4. Any mention that the accused’s silence is an indication of guilt will result in admonishment of the person(s) who mentioned it.

2. Right to representation

1. At any point prior to or during the hearing (or during an appeal process), the accused has the right to appoint an advisor or representative to assist.
2. This representative may counsel privately with the accused.
3. This representative may speak on the accused’s behalf with the accused’s consent.

3. Right to cross-examine witnesses and challenge evidence

The accused has the right to:

1. Cross-examine all witnesses brought against them.
2. Refute the evidence presented by the accuser.
3. Present their own witnesses and submit relevant evidence in their defense.

4. Requirement for corroboration

1. No one shall be convicted of an offense unless at least two witnesses testify to the material elements of the offense.
2. No person shall be disciplined based solely on the testimony of a single witness.

5. Absence of partiality

1. An accused presbyter may not sit as judge at his own trial.
2. Ideally, if possible, no presbyter should testify as a witness while also serving as a decision-maker.
3. It may be prudent to avoid other potential conflict of interest scenarios (for the accuser or accused). Recusal, though not biblically mandated, may be prudent in some situations, and practiced, when possible. If partiality occurs, that would be a violation of God’s law, and subject to its own set of charges and hearing with witnesses, etc.

D Discipline and church courts

1. Jurisdiction and responsibility of the presbytery:

1. Discipline is administered by the elders (presbytery) of a local church. The presbytery alone can issue sanctions.
2. Discipline may include counsel, warnings, and, in extreme cases, excommunication.
3. Discipline must be exercised with fairness, transparency, and humility, always seeking restoration.
4. Broader church courts (council and synod) may become involved only through the process of appeal.
5. Broader courts cannot initiate disciplinary actions but may review appeals and issue admonishments and advice as needed.

2. Recommended levels of discipline:

1. Counsel
   1. Counsel is simply discipleship. It does not require a formal hearing.
   2. The aim of Counsel is to provide spiritual guidance and correction, rather than public rebuke.
   3. Counsel may happen privately between any two people (“Go and tell him his fault, between you and him alone,” Mt 18:15).
   4. Counsel may involve bringing another person or person(s) to confront the accused (“Take one or two others along with you,” Mt 18:16).
   5. One or more presbyters may accompany the accused or accuser in a private Counsel scenario.
   6. Counsel may be handled by presbytery, but it is the duty of all Christians to confront their brother or sister at times.
   7. No vote is necessary by presbytery.
   8. A record of a Counsel hearing need not be kept unless requested by the accused.
2. Warning
   1. Charges have been brought to the presbytery.
   2. Under normal circumstances, a formal hearing of these charges should only occur after the accused has refused to listen to Counsel (“If he refuses to listen to them, tell it to the church,” Mt 18:17).
   3. There may be cases where someone may bring a charge directly to the presbytery so that inquiry can begin and a hearing can commence (for example, sexual misconduct, etc).
   4. The presbytery will conduct a hearing (the accused and accuser may present evidence, call witnesses, and cross-examine the opposing party’s witnesses).
   5. The presbytery has verified sufficient proofs and is unified in their determination that the accused has violated God’s law.
   6. The presbytery issues admonishment to the accused for violations of God’s law, and provides a Warning to the accused that, if they do not repent, further sanctions (up to excommunication) will apply.
   7. This may be made public to the congregation (1 Tim 5:20).
   8. A record of the proceedings must be kept.
   9. A written summary should be provided to the accused in a timely manner (recommended within seven days).
3. (Suspension)

   Some presbyteries, drawing from 2 Thessalonians 3, especially verses 14-15, practice suspension from the Lord’s Supper as a sanction between Warning and full Excommunication. Other presbyteries see those verses as either being applied to a Warning level of discipline, or possibly as much as applying to Excommunication entirely. It is up to each presbytery to decide how to approach this area of discipline. The recommended standard and voting threshold should be similar to that of excommunication.

4. Excommunication
   1. The accused refuses to repent after the presbytery conducted a hearing (see “Warning” above) and issued a Warning.
   2. Jesus says, “If he refuses to listen even to the church, let him be to you as a Gentile” (Mt 18:17).
   3. It is recommended that the presbytery be unified in their decision to excommunicate.
   4. If the decision to excommunicate is upheld, it must be announced to the congregation in a formal statement.
5. Other Sanctions
   1. Some cases may require practical or civil sanctions. For example, restitution, restraining orders, or civil penalties may apply for some sins against another.
   2. Even in cases where forgiveness has occurred, the presbytery may require the guilty party to transfer their membership to another presbytery, or implement other rules or sanctions to protect the innocent.
   3. Some heinous crimes, such as sexual misconduct or violence, may need to be reported to civil authorities immediately, without a church trial or verification of witnesses or evidence, so that the civil authority can inquire and adjudicate.
   4. Those who are found guilty by the civil magistrate and are facing civil sanctions may separately go through Church discipline (Counsel, Warning, Excommunication) to seek repentance, forgiveness, and restoration in Christ (while still serving civil penalties).

E Procedures for bringing a charge and responding to it

1. Bringing charges

Any person (including an elder) who brings a charge against another should notify the elders of the local church (presbytery).

1. The charges should be submitted to the presbytery in writing, when possible.
2. Each charge, with explanation, should be listed in detail (including dates and times of the offenses, if known).
3. The accuser should provide names of at least two witnesses who can corroborate the facts of each charge, and/or provide corroborating evidence that serves as a witness (such as an email, screenshot, or other material evidence). Witnesses need not testify to every fact individually, but their collective testimony must corroborate every material element of the offense.
4. The accuser and/or some witnesses may be able to remain anonymous or physically protected. In cases of anonymity, there has to be sufficient other (non-anonymous) proofs to condemn the accused.

2. Initial review by the presbytery

1. Upon receiving the charge(s), the presbytery will ensure:
   1. The charges are relating to violations of God’s law, warranting discipline.
   2. The required number of witnesses and evidence is provided to substantiate the charges.
2. Once the above conditions are met, the charges will have been found to be in compliance.
3. Given compliance, the Presbytery has an obligation to proceed and hear the matter.
4. If the presbytery refuses to hear a matter brought in compliance, the party has the right to appeal to Council (see section on Broader Court Hearings below).

3. Notice to the accused

Once the charges are accepted, the presbytery should provide written notice to the accused with adequate time for each side to prepare its case. The notice must include:

1. The list of violations of God’s law
2. The evidence supporting those charges
3. The names of the witnesses and/or description of the evidences
4. The date, time, and location of the hearing (the presbytery should make a good faith attempt to accommodate scheduling of parties and witnesses)

4. Objections to evidence

1. Evidence from both parties must be verified.
2. Parties have the right to lodge objections (preferably in writing) to any piece of evidence before or during the hearing.

F Evidence Admissibility

1. Using Biblical standards and diligent inquiry, the presbytery is responsible to determine which evidence is admissible, which they may do by majority vote.
2. Only evidence directly related to the charges is admissible.
3. All physical, documentary, or digital evidence presented must be properly authenticated. Evidence is subject to cross-examination by both the accuser and the accused, with sufficient time allotted for review by all parties.
4. Evidence that cannot be cross-examined or rebutted, such as hearsay, or statements from parties not called as witnesses or who remained anonymous, may not be considered.
5. Documents must be verified as legitimate and untampered.
6. Digital evidence (such as emails, messages, or recordings) may include metadata to confirm origin and validity.
7. Evidence obtained in a manner that violates the law of God may be inadmissible. Charges resulting in censure and other disciplinary sanctions may apply for those involved in obtaining such ‘ill-gotten’ evidence.

G Broader Court Hearings

1. Council level

1. A party dissatisfied with a presbytery’s action or decision (or lack of action or decision) may contact the FORC Administrator within a timely manner with a request for Council to hear the matter (within 60 days of a final written ruling).
2. The Administrator shall work with the person(s) requesting the appeal to collect the following:
   1. A written statement that contains a summary of the situation
   2. Any relevant documentation and evidence available
3. The Administrator shall forward the collected information to another impartial member FORC church. (The member churches shall receive requests for appeals to Council on a rotating basis, if possible).
4. The presbytery that received the request for Council shall then call a Council.
5. Members of the presbytery appealed against shall not sit as voting judges at the Council hearing.
6. The Council, consisting of at least 3 presbyters total from at least two churches, shall review all relevant records of the original case.
7. Any party given standing to speak may present arguments.
8. Witnesses may be called for further cross-examination.
9. The appeal must be based on the existing record. Newly discovered evidence not previously available may be admitted.
10. An accused party may not be forbidden to defend themselves before the close of a hearing.

11. Within 30 days of the hearing, the Council will issue a written statement to the presbytery and to any other party involved in making the appeal.

    The statement should include:

    1. a Minority Report section written by those who carried a minority opinion (could have multiple minority reports, if applicable, or none).
    2. a Majority Report section written by those who carried a majority opinion.
    3. Pastorally worded, Biblically substantiated admonishments to either or both parties. The statements (from both minority and majority reports) should include recommendations for future actions (how to bear fruit in keeping with repentance; practical steps in promoting peace, restoration, restitution, unity, righteousness, and justice).

2. Synod Level

1. A party dissatisfied with a Council’s decision (or failure to decide) may contact the FORC Administrator within 60 days of the Council’s decision with a request for Synod to hear the matter.
2. The presbytery that received the request for Council shall then call a Synod.
3. Members of the Presbytery and the Council appealed against shall not sit as voting judges at the Synod hearing.
4. The Synod will review the complete record and hold a hearing where any party given standing to speak may present arguments. Witnesses may again be cross-examined. Newly discovered evidence may be admitted.
5. An accused party may not be forbidden to defend themselves before the close of a hearing.
6. A written statement will be provided within 30 days of the hearing, following the same procedures outlined in the Council level.