ARTICLE I
DEFINITIONS, TYPES OF ACTIONS, AND GUIDELINES
Section 1. Definitions.
1. Pronouns, nouns, and terms used in this JP shall include the masculine, feminine,
neuter, singular, and plural forms thereof whenever appropriate to the
context.
2. Evidence refers to objects, statements by witnesses, or any other information
presented at a District Board inquiry, to an investigative committee, at a hearing,
or at a trial to establish a point in question.
3. A witness is someone who has firsthand knowledge of facts relevant to the
truth of a complaint or charge. Each witness must be able to testify to a fact
that establishes truth about the alleged violation. A witness may testify to the
character of the accused on issues related to the complaint or charge.
4. A counselor is a person selected by the District Board, the Executive Board,
or a minister to assist, advise, and speak during a District Board action, hearing,
trial, or appeal. He or she must be a credentialed minister of the UPCI. He
or she need not reside in the district in which the accused minister is tried. A counselor cannot be a member of the General Board unless he or she is assisting
an executive representative.
5. A Regional Judicial Officer is a credentialed minister selected by the General
Board to serve as a coordinator for Regional Judicial issues arising from an
accusation of sexual abuse of a minor under Article VI. The Regional Judicial
Officer shall serve a two (2) year term appointed in alternating years with the
Regional Presiding Officer.
6. The Ministers Appeal Council (hereinafter “MAC”) consists of a Regional
Presiding Officer as defined in Article II, an Executive Presbyter (preferably
the Executive Presbyter for the region in which the action originated unless
a conflict of interest prevents his or her participation), and five (5) ordained
ministers. Each district conference may nominate one (1) ordained minister
and submit it to the General Board; then the General Board shall select two (2)
names from those nominated for each office that is open. These names shall
then be presented to the General Conference for election. The term of service
for the five (5) elected ministers shall be two (2) years, and they shall be elected
on alternate years. They may not succeed themselves. The Regional Presiding
Officer shall be the chair of the MAC. The MAC hears appeals from the decision
of an arbitration panel (Article III), from actions of District Boards (Article
IV), and from verdicts and sentences given at trials (Articles V & VI).
7. The Regional Hearing Committee shall be created in this way whenever needed:
the Regional Presiding Officer and Regional Judicial Officer, with the assistance
and input of the General Board, shall 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.
8. Official notice shall mean any of the following:
(a) Written communication sent by certified mail with return receipt requested.
(b) Written communication sent via any other physical delivery service wherein
a signature is required by the receiving party.
(c) Written communication delivered in person by someone who obtains a written
receipt or who is accompanied by another person as a witness. The date
of official notice is the date of receipt.
9. The district representative is a member of the District Board designated by the
District Superintendent to represent the District Board at a trial or appeal. The
District Superintendent may designate himself.
10. The regional representative is a member of the Regional Hearing Committee
designated by the Regional Presiding Officer and Executive Presbyter to represent
the Regional Hearing Committee at a trial or appeal.
11. The executive representative is a member of the Executive Board designated
by the Executive Board to present the case in the trial of a general officer. The
General Superintendent shall not serve in this capacity.
12. A conflict of interest is a conflict between a person’s self-interest and his or her
obligation to act for the benefit of the fellowship.
(a) No official working at Headquarters shall serve as a counselor or as a member
of an investigative committee or jury. Exceptions are members of North
American Missions and Global Missions when they function under Articles
VIII and IX.
(b) No immediate or former relative of the accused minister, the accusers,
the district representative, or the executive representative shall serve on
the jury, on the investigative committee, on the MAC, or as the Regional
Presiding Officer. An immediate or former relative is a spouse, parent,
child, grandparent, grandchild, brother, sister, first cousin, brother-in-law,
or sister-in-law of a person or his or her past or present spouse.
(c) A person shall disqualify himself or herself from serving in any part of the
judicial process if he or she lacks impartiality or if his or her serving could
create the appearance of partiality. Perceived violations of this paragraph
shall be referred to the Regional Presiding Officer having jurisdiction for an
immediate ruling, whose decision shall be final. (If that Regional Presiding
Officer is unavailable, an alternate Regional Presiding Officer mutually
agreeable to both sides shall be contacted.)
(d) It is a conflict of interest if one party is represented by an individual who has
represented the other party in an official capacity or is privy to confidential
information from one party and now represents the other party.
(e) It is not a conflict of interest if the representation is limited to a capacity
that prior information is not pertinent to the immediate judicial procedure
or if prior communication with the opposing side would not jeopardize or
prejudice the accused or the district.
13. Regional Presiding Officers shall mean those ministers listed as such in the latest
edition of the Manual, or any replacements who have been appointed since
the last edition of the Manual was published.
14. A District Board Inquiry is a meeting of a District Board with an accused at
which evidence is presented and testimony may be given relative to a potential
District Board action under Article IV.
15. An investigation is an official search or examination to uncover facts relative
to a complaint. An investigation shall be limited to one hundred twenty (120)
days in duration.
16. A hearing is a meeting of a District Board or the Executive Board as called
for in this JP under Article V, or of the Regional Hearing Committee as called
for in this JP under Article VI, at which evidence is presented and testimony
is given relative to a complaint to determine if the evidence warrants referring
the case to a trial.
17. A charge is a formal written allegation by the District Board as called for in this
JP under Article V or by the Regional Hearing Committee as called for in this
JP under Article VI that a minister has committed an ethical, moral, financial,
or doctrinal violation and is the basis for a trial. A charge shall:
(a) Identify the alleged violation
(b) Specify who committed the alleged violation
(c) Specify where and when the alleged violation occurred
Multiple charges may be submitted at the same trial if they are based on violations
of the same nature or if they arise from the same facts or circumstances.
The District or Regional Hearing Committee, as applicable, must determine
that each charge can be supported by evidence from two (2) or three (3) witnesses.
18. A trial is the process by which evidence is examined by a jury to determine the
truth of a charge brought against a minister.
19. A verdict is the formal and official finding of a jury concerning the matter(s)
submitted to it in a trial.
20. A confession shall be written or typed, signed, and dated. It shall be clear and
concise, and it shall speak to the salient points of the actual charges. A confession
cannot be recanted or withdrawn.
21. A sentence is the consequence imposed upon a minister who has violated his or
her ministerial trust as defined by the Manual.
22. The Judicial Procedure Committee is meant to be a group of advisers to any
participant involved in the judicial procedure to bring non-binding clarity, consultation,
direction, or advice.
23. Sexual abuse includes the following acts or attempts thereof:
(a) Illegal sexual conduct such as rape, sexual assault, aggravated or abusive
sexual contact
(b) Sexual molestation or indecent liberties with a minor
(c) Other sexual misconduct involving a minor such as sexual solicitation,
indecent exposure, or pandering.
(d) Any sexual conduct with a person unable to give informed consent or a
minor (person under the age of 18) regardless of the age of consent in the
jurisdiction in which it occurred. Sexual conduct includes physical or intimate
sexual activity whether in-person or facilitated by electronic means
such as explicit voice, text, picture and video messages.
(e) Any sexual conduct where coercion, undue influence, or abuse of authority
or position of trust is employed to facilitate immoral sexual conduct
(hereinafter referred to as “abuse of trust”). Abuse of trust may be inferred
from the circumstances and can occur even when the victim engaged in
sexual conduct voluntarily. Because of the significant influence ministers
have in the lives of those under their ministry, counsel, and care, situations
involving sexual conduct between a minister and a person under his or her
ministry, counsel, or care generally involve an abuse of trust.
Section 2. Three Types of Actions.
1. A Grievance is a problem, disagreement, or offense between ministers. It is
governed by Article III of the JP.
2. A District Board Action is utilized when there is an alleged violation of ministerial
rules and obligations under the General Constitution, 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). It is governed by Article IV of the JP.
3. A Complaint is a written allegation that a minister has committed ethical,
moral, financial, or doctrinal violations that cannot be handled by a District
Board Action. This includes alleged conduct unbecoming a minister about
which there is a significant factual dispute, and this includes alleged immoral
conduct under the General Constitution, Article VII, Section 9. A complaint
must be signed by two (2) or three (3) accusers who state they have independent,
firsthand knowledge of the alleged misconduct. (See Matthew 18:16; II
Corinthians 13:1; I Timothy 5:19.) This requirement may be fulfilled by two
witnesses who testify to a violation on the same occasion, or this requirement
may also be fulfilled by one witness who testifies to a violation on one occasion
and a second witness who testifies to the same type of violation on another
occasion.
The handling of a complaint is detailed in Article V and Article VI of the JP.
A complaint shall state all of the following:
(a) Who committed each alleged act
(b) What each alleged act was
(c) Who each alleged act was with or against
(d) Where each alleged act took place
(e) When each alleged act took place
Section 3. General Guidelines.
1. In all judicial proceedings, the highest duty of every participant is to seek the
truth about the matter under consideration. No one shall deliberately withhold
or conceal information that is relevant to ascertaining the truth about the matter.
No counselor shall knowingly present a witness who will testify falsely. If
a counselor knows or discovers that any witness he or she has presented has
testified falsely, he or she shall correct the false information in the same judicial
proceeding immediately.
2. The scheduled time periods within this judicial procedure are designed to
ensure a fair and orderly processing of judicial matters, and all officers are
required to adhere to the scheduled dates. However, exceptions may be made
by the officer in charge of the committee, board, hearing, trial, or appeal process
in the event of unanticipated or unavoidable interruptions such as illness,
disability, or other valid reason at the sole discretion of the officer in charge.
3. In the case of an appeal, any disciplinary action shall be suspended until the
appeal has been resolved.
4. It is the responsibility of each minister, especially all District Board members,
to become familiar with the JP.
5. All officials, witnesses, jurors, counselors, and others involved in any JP process
must keep confidential all matters pertaining to the case, unless required to
break the confidence by mandatory reporting laws, by a lawful subpoena or a
court of law, by another UPCI JP matter, or by the General Board or Executive
Board. Any violation of this provision by a credentialed UPCI minister may
make him or her subject to ministerial discipline under the JP.
6. All evidence, including names of witnesses, to be presented by both sides at a
District Board Inquiry, a hearing, and/or a trial shall be made readily available
upon request to the accused minister, his or her counselors, the district/regional
representative, and his or her counselors.
7. In all judicial proceedings, testimony shall be limited to what is relevant to the
matter under consideration. No one shall attack the character of the accused, the
accusers, or the witnesses. No one shall seek to intimidate, introduce irrelevant
information about, or speak discourteously to the same.
8. In all judicial proceedings, no participant, including a counselor, shall receive
compensation for his or her services. He or she may be reimbursed for actual
expenses incurred.
9. In no JP matter can a counterclaim or counter complaint involving different
facts or circumstances be either received or processed until after there has been
a thorough and proper disposition of the initial matter.
10. Anyone who persists in violating any of the guidelines of the JP may be barred
from a proceeding by the chair or presiding officer. He or she may also be
barred from future proceedings within a district by action of the District Board
and from future proceedings in all districts by action of the General Board.
A decision by a District Board to bar an individual may be appealed to the
General Board. Decisions by the General Board may not be appealed and are
final.
11. For purposes of appeals, each Regional Presiding Officer’s name, preferred
mailing address, and preferred phone number shall be printed in the front of
each edition of the Manual. No Regional Presiding Officer shall refuse to sign
for any appeal sent by official notice. An appealing minister is encouraged to
contact the Regional Presiding Officer to alert him or her of the appeal being
sent.
12. A district may enforce a minister’s obligation to abide by its financial plan
through a District Board Action as it does with any other ministerial rule or
obligation. However, it may also do so according to a policy its ministers adopt
at a duly called District Conference business session so long as that policy
includes all the following:
(a) The minister must be informed of his or her delinquency by official notice
and given a reasonable, clearly communicated time in which to remedy the
matter.
(b) The minister must be afforded an opportunity to meet the District Board if
he or she so desires.
(c) Failure to bring his or her account to current status within a stated time will result in the District Board’s recommending to the Credentials Committee that the minister’s credentials be terminated. (In no case shall a minister’s
payment be refused by the District if tendered during the required time.)
13. For any allegation pertaining to sexual abuse of a minor in a properly filed
complaint (see Article I, Section 2, Paragraph 3), after complying with any
applicable mandatory reporting requirements that have not yet been fulfilled,
the District Superintendent shall confer with the Regional Presiding Officer and
the Regional Executive Presbyter together prior to meeting with the accused
minister or initiating an investigation of the matter. They shall determine, by
simple majority vote, if the allegation involves sexual abuse of a minor. If not,
the matter shall be handled by the district subject to the standard JP regarding
a District Board Action or a Complaint. This section also applies when more
than one (1) charge is brought against an accused and at least one (1) of said
charges involves sexual abuse of a minor. For the purpose of clarity, Article VI
matters involving sexual abuse of a minor are the sole matters that trigger the
involvement of the regional level; however, if so triggered, all complaints are
handled at that level.
14. In a District or Regional Inquiry or in the investigation, hearing, or trial for a
complaint, a witness may be allowed one (1) person to be present with them to
support, assist, and advise him or her, such as his or her spouse, pastor (if said
pastor is not otherwise involved in the proceeding), pastor’s spouse, personal
counselor, etc.
15. If at any point in a JP matter a Regional Presiding Officer or an Executive
Presbyter has a conflict of interest or if he or she is unwilling or unable to fulfill
his or her duties, the General Superintendent shall select his or her replacement
for the disposition of said JP matter from among others holding the same office
in other regions.
16. When an Executive Presbyter is involved in a JP matter and his term of office
comes to an end before the matter is completely resolved, he shall continue to
fulfill his role in the JP for that particular matter until its conclusion.
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