Containing
The Rules of Procedure Adopted by the
GENERAL COURT OF APPEALS
2016
THE RULES OF PROCEDURE
Adopted by the General Court of Appeals of the
Church of the Nazarene under the
authority given to it in the Judicial Provisions
of the "Manual, Paragraph 608"
Church of the Nazarene
GENERAL COURT OF APPEALS
Dan L. Boone, secretary; H. David McKellips, John E. Seaman,
C. Jeanne Serrao, chairperson; Margaret A. Tyler
Michael B. Thompson, lead editor
17001 Prairie Star Parkway, Lenexa, KS 66220, U.S.A.
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Rules of Procedure
GENERAL PROCEDURES APPL YI G TO BOTH CLERGY A D LAITY
JlOO. Purpose of this "Judicial Manual." This Judicial Manual explains the procedures to
implement the judicial provisions contained in Part Vil of the Manual. hould there be any
conflict, the Manual is the primary authority and should be followed.
JlOl. Authority to Define Rules of Procedure. The General Court of Appeals is directed and
authorized to adopt uniform Rules of Procedure governing Boards of Discipline and Courts of
Appeal by Manual 608. This Judicial Manual contains the Rules of Procedure.
Jl02. Response to Possible Misconduct. The procedures for responding to possible wrongful
conduct are intentionally left to the good judgment of the "Person with Authority to Respond," as
defined in Manual 601.2. The person with authority to respond should also in a timely manner
notify respective persons in leadership at the district, field, regional, and/or global dimensions
about the accusations.
J103. Disciplinary Actions. In some circumstances, the Manual requires response to possible
misconduct that does not relate to discipline. The procedures of this Judicial Manual apply only
to disciplinary actions.
J104. Resolution by Agreement. Manual 603 allows any matter subject to discipline to be
resolved by agreement. The procedures of this Judicial Manual are intended to apply only to
disciplinary actions that are contested. Agreement may be reached at any time during a
disciplinary proceeding.
CONTESTED DISCIPLINE OF A LAYPERSON
J200. Filing of an Accusation. A formal disciplinary action against a lay member can only be
initiated by the filing of an accusation that meets the requirements of Manual 604:
•
•
It must be in writing .
It must be signed by at least two members who have been faithful in attendance for at least
six months. The members do not have to be members of the same church as the accused, nor
do they have to be direct witnesses to the alleged misconduct. Their signatures attest to their
belief that there is probable cause to move forward in the discipline process.
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b f d t that is in violation of the Manual or of unchristian
• It must accuse a lay mem er o con uc
conduct. The accusation must describe .the misconduct with enough specificity for the
accused to understand what is being alleged and to be able to prepare an appropriate defense.
• It must be delivered to the pastor, or if there is no pastor, or the pastor is unavailable, to the
district superintendent.
J201. Response May be Required. Information that may not be sufficient to start a disciplinary
proceeding, may still be sufficient to require a response in accordance with Manual 60 I.
Information that triggers such a response need not be restricted to a formal, signed accusation.
J202. Appointment of a Committee to Investigate an Accusation. Upon receipt of an accusation,
the pastor shall promptly confer with the district superintendent, and after approval by the district
superintendent, shall appoint an Investigating Committee of three members of the local church.
J203. Reporting to the Local Chunch Board. In addition to appointing the . Investigating
Committee, the pastor shall confer with the district superintendent concerning when the
accusation should be reported to the local church board.
• J204. Notification of the Accused. The pastor shall give a copy of the accusation to the
accused.
J205. Filing the Investigating Committee's Report. After investigating the allegation, the
Investigating Committee shall report to the pastor and to the local church board through its
secretary. The report shall be signed by a majority of the Investigating Committee, and shall
recommend whether or not a disciplinary action should proceed. The recommendation of the
Investigating Committee is not binding on the local church board.
J206. Action by the Local Church Board. If the local church board votes to proceed with a
disciplinary action, a specific charge shall be prepared. The charge must include these elements:
• The person charged must be a member of the local church.
• The conduct that is the basis for the charge must be sufficiently described to give fair notice
of the time, place, people involved, and nature of the conduct upon which the charge is
based.
• The specific provision or provisions of the Manual upon which a disciplinary charge is based
must be identified.
• The charge must be in writing, and be signed by at least two members in good standing of the
local church.
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If the accusation upon which the disciplinary process was initiated meets these requirements,
it may be adopted by the local church board as the charge.
J207. Election of an Advocate. The local church board may elect an advocate to be its
representative in the hearing before the Board of Discipline. The advocate shall not be the pastor
of the local church where charges are filed, or a member of the Board of Discipline.
J208. Appointment of the Board of Discipline. A Board of Discipline shall be appointed in
accordance with Manual 604.
The church board shall appoint five unprejudiced members, subject to the approval of the
district superintendent. If, upon consultation with the pastor, the district superintendent
determines that due to the size of the church, the nature of the allegations, or the position of
influence of the accused, that it is impractical to select five unprejudiced members from the local
church, the district superintendent may appoint five laypersons from other churches on the same
district to be the Board of Discipline.
The Board of Discipline shall not include the pastor, any person related to the accused by
blood or marriage, any material witness, or any of the members of the Investigating Committee.
At the time the Board of Discipline is appointed, the local church board shall designate one
of the mem hers to be chairperson and one to be clerk. When the Board of Discipline is appointed
by the district superintendent, the district superintendent will designate the chairperson and the
clerk.
J209. Filing of Charges. The secretary of the local church board shall file the written charges
with the clerk of the. Board of Discipline, immediately upon the organization of the Board of
Discipline.
J210. Vacancies on Board of Discipline. If any member of the Board of Discipline fails or
refuses to act, the local church board or the district superintendent shall fill the vacancy.
J211. Notification of the Accused. The clerk of the Board of Discipline shall make sure that the
accused is notified and receives:
• A copy of the charges.
• A list of the names of the Board of Discipline.
• A notification of the time and place set for the hearing.
Notification may be by any method that provides actual notice to the accused. When actual
notice is not practical, notice can be given in the manner customary for serving legal notice in
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that locality. The hearing shall not proceed unti•l t h e c Ie r k con ti ms that appropriate notice has ir
been given.
J212. Availability of "Judicial Manual." A copy of this Judicial Manual shall be made
available to the accused.
J213. Procedure for the Hearing of the Board of Discipline. The Board of Discipline has
authority to define the procedures to be followed in its hearings. The procedures adopted shall be
consistent with the Manual and this Judicial Manual.
Issues which should be addressed are:
• The place where the hearing will be held.
• The time of the hearing. The time shall not be later than 30 days from the date of the notice
to the accused, except upon showing of good cause by either party for a delay.
• Whether or not the hearing will be open to the public. The Board of Discipline may establish
such restrictions concerning attendance at the hearings as it deems appropriate.
• The local church board and the accused may choose to be represented by advocates. An
advocate need not be licensed to practice law, but must be a member in good stariding of ariy
local Church of the Nazarene.
• A record of the proceeding shall be kept for purposes of appeal. The record may be a
verbatim written transcript; however, the Board of Discipline may choose to substitute a
video recording or an audio recording. All substantive decisions of the Board of Discipline
shall be in writing. The complete record shall be filed with the secretary of the local church
board, arid shall be available to the accused and for purposes of appeal, but shall not be
otherwise released or made available to another party except by action of the church board or
the Court of Appeals.
• Each disciplinary hearing will include a reading of the charges.
• After the reading of the charges, the accused shall be given ari opportunity to admit or deny
the charges. Should the accused decline to appear or to respond, the Board of Discipline shall
treat the failure as a denial. In the event the accused fails to appear or respond; the Board of
Discipline will appoint an advocate to represent the rights of the accused. The advocate
should be a member in good standing of a local Church of the Nazarene who does not have
connections or interests with an accusing party or witness that might jeopardize the
advocate's responsibility to zealously represent the interests of the accused.
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•
•
•
•
It is normal for each party to be given a limited time at the beginning of the hearing to
present arguments, which will assist the Board of Discipline in understanding the evidence to
be presented.
The Board of Discipline should establish the rules for witnesses .
The testimony of any witness before a Board of Discipline shall not be received or
considered in evidence, unless such testimony be given under oath or solemn affirmation.
The Board of Discipline should permit a reasonable opportunity for the parties to present
objections; however, neither party has a right to interfere with the orderly proceeding of the
hearing. The chairperson of the Board of Discipline shall rule on all objections, giving due
consideration to relevance and probative value.
• The Board of Discipline should establish the requirements of written statements to be
considered by the Board of Discipline while assuring that the right to confront and question
witnesses face-to-face that is guaranteed by Manual paragraph 615.2 is observed. Unless
special circumstances make a different rule appropriate, all written statements should be
signed. The accused shall be given a copy of any written or recorded statement considered by
the Board of Discipline.
• The Board of Discipline may establish rules under which physical evidence may be
considered by the Board of Discipline. When establishing the rules, consideration shall be
given to how the physical evidence will be treated in the record of the hearing.
• After a)J of the evidence to be considered by the Board of Discipline has been presented, it is
normal to give each party an opportunity to present arguments to the Board of Discipline.
The arguments may be oral or written.
J214. Decision of the Board of Discipline on the Guilt or Innocence of the Accused. The Board
of Discipline shall reach a unanimous agreement concerning whether the accused is "guilty" or
"not guilty" on each of the charges. If, after a reasonable effort to reach a unanimous agreement,
the Board of Discipline is unable to come to a unanimous decision on any charges, a mistrial will
be declared and the charge will be sent back to the local church board which will decide whether
to drop the charge or to appoint a new Board of Discipline. If, after a reasonable effort to reach a
unanimous agreement, the Board of Discipline has come to a unanimous agreement on one or
more charges but has been unable to reach a unanimous agreement on all of the charges, the chair
of the Board of Discipline will, without disclosing the vote for any charge, announce that a
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unanimous decision has been reached for at least one charge, but that no unanimous decision has
been reached for at least one other charge. The advocate for the local church board may, at this
point, elect to dismiss, with prejudice, the charges for which no unanimous decision has been
reached, and to accept the decision on the remaining charges in resolution of the matter, or, in the
alternative, to ask for a mi~trial on all charges and have them sent back to the local church board,
which will decide whether to drop the charges or to appoint a new Board of Discipline.
J215. Decision of the Board of Discipline on the Issue of Appropriate Consequences. Upon a
finding of "guilty" on any charge, the Board of Discipline shall decide on the appropriate
consequences for the wrongful conduct. It is sometimes appropriate for the Board of Discipline
to separate the finding of guilt from the decision on consequences, to allow time for negot\ations
with the accused, or for the consideration of additional evidence related to the appropriate
consequences. The decision on each consequence must be unanimous. Boards of Discipline are
expected to establish the appropriate consequences in order to effectively achieve the objectives
set forth in Manual 600, "to sustain the integrity of the church, to protect the innocent from
harm, ... to bring the guilty to salvation, to rehabilitate the guilty, to restore to effective service
those who are rehabilitated, and to protect the reputation and resources of the church."
Any decision of the Board of Discipline which requires action by the accused, should also
include a description of the consequences of failure by the accused to comply with the decision.
In most circumstances, the failure of the guilty party to comply with the decision should result in
expulsion from membership.
J216. Written Decision. The Board of Discipline shall prepare its decision in writing. The
decision shall be signed by all members of the Board of Discipline.
J217. Announcement of the Decision. The Board of Discipline will notify the accused and the
church board simultaneously. The pastor will immediately notify the district superintendent.
Although they have no authority to influence the decision of the Board of Discipline, it is
important that they be informed before the decision is announced.
The chair of the Board of Discipline will announce the decision to the accused and to the
local church board. It may be appropriate to schedule a meeting where the decision is presented
to everyone at the same time.
J218. Administration of Discipline. The local church board is responsible to carry out the
decision of the Board of Discipline, including any follow-up that may be required.
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J219• Effective Date of Decision. The decision of the Board of Discipline will be effective
when it is announced to the accused in person or when sent, unless it is suspended by a Court of
Appeals.
APPEAL OF A DISCIPLINE OF A LAYPERSON
J300. Procedure for Appeal. Either the accused or the local church board may appeal the
decision of the Board of Discipline as follows:
• The notice of appeal must be in writing and signed by the party appealing.
• The notice of appeal must be delivered to the district superintendent or secretary of the
District Court of Appeals, with notice to the pastor and secretary of the local church board
and to the accused within 30 days of the notice of the decision.
• The notice of appeal must state the grounds for the appeal.
J301. Basis of the Review. The District Court of Appeals shall review the appeal based on the
record of the hearing before the Board of Discipline; the issues reviewed by the Court of Appeals
shall be limited to those issues raised by the appellant in the notice of appeal. Issues that are not
raised in the notice of appeal shall be considered waived.
J302. Scope of the Review. The Court of Appeals will evaluate whether error was committed
by any party that reasonably would affect the outcome. lf such error is found, the Court of
Appeals may, at its discretion, remand the pro' ceedings to the Board of Discipline for further
proceedings consistent with the Court of Appeals' ruling or reverse a finding of guilty on one or
more charges.
J303. Decision of the District Court of Appeals. The decision of the District Court of Appeals
shall be in writing and signed by the majority of the Court. Notice of the decision will be given
to both parti~s, as well as to the district superintendent. The District Court of Appeals is the
Court of last resort for a layperson in the Church of the Nazarene. Its decisions are not subject to
appeal. A quorum of five shall be required for appeals referred to this court.
J304. Cost and Guaranty of Rights. The cost of preparing the record of a case, including a
verbatim transcript of all testimony given at the trial, for the purpose of an appeal to the District
Court of Appeals, shall be borne by the local church of the district where the hearing was held
and disciplinary action taken. Every layperson who appeals shall have the right to present oral as
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well as written argument upon his or her appeal, but this right may be waived in writing by the
accused.
CONTESTED DISCIPLINE OF A MEMBER OF THE CLERGY
J400. Filing of an Accusation. A formal disciplinary action against a member of the clergy may
only be started by the filing of an accusation that meets the requirements of Manual 605.1:
• It must be in writing.
• It must be signed by at least two members of the Church of the Nazarene who are in good
standing. If the accusation involves sexual misconduct, the signature of any person who
consented to participate in the alleged misconduct does not count.
• It must accuse a member of the clergy of conduct that is in violation of the Manual.
• It must be delivered to the district superintendent who shall present it to the District
Advisory Board, on the district where the accused has ministerial membership.
J401. Duty of a Person Receiving an Accusation. The district superintendent or secretary of a
District Advisory Board who receives an accusation against a member of the clergy, shall
immediately notify all other members of the District Advisory Board.
J402. A Response May be Required. Information that may not be sufficient to start a
disciplinary proceeding, may still be sufficient to require a response, in accordance with Manual
601.
J403. Election of a Committee to Investigate an Accusation. Upon receipt of an accusation, the
District Advisory Board shall promptly elect an Investigating Committee of three or more
assigned ordained ministers and not fewer than two laypersons.
J404. Notification of the Accused. The District Advisory Board shall notify the accused, and
shall give a copy of the accusation to the accused as soon as is practical through actual notice or,
when actual notice is not practical, through the manner customary for serving legal notices in that
locality.
J405. Filing the Investigating Committee's Report with the District Advisory Board. After
investigating the accusation, the Investigating Committee shall report to the District Advisory
Board. The report shall be signed by a majority of the Investigating Committee, and shall
recommend whether or not a disciplinary action should proceed. The recommendation of the
Investigating Committee is not binding on the District Advisory Board. The District Advisory
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Board may, on its own motion, take action to proceed without a recommendation from an
Investigating Committee.
J406. Action by the District Advisory Board. If the District Advisory Board decides to proceed
with a disciplinary action, a specific charge shall be prepared. The charge must include these
elements:
•
•
The person charged must be a member of the clergy, (elder, deacon, or licensed minister),
with membership on the district.
The conduct that is the basis for the charge must be sufficiently described to give fair notice
of the time, place, people in}{olved, and nature of the conduct upon which the charge is
based.
• The specific provision or provisions of the Manual upon which a disciplinary charge is based
must be identified.
• The charge must be in writing and be signed by at least two ordained ministers. By signing
the charge they are not purporting to be direct witnesses to the misconduct, but they are
attesting that, to the best of their knowledge and belief, there is reason to believe that the
accusation has sufficient credibility to justify proceeding with the formal discipline process.
If the accusation upon which the disciplinary process was initiated meets these requirements, it
may be adopted by the District Advisory Board as the charge.
J407. Duties of the District Superintendent. The district superintendent should not serve on
the Board of Discipline, or serve as either advocate or counsel for the Board, or for the accused
in the disciplinary proceeding. The District Superintendent has the right to be present during all
hearings, to be informed of all decisions by the Board of Discipline, and may be consulted by the
Board of Discipline, at its discretion.
J408. Election of an Advocate. The District Advisory Board may elect an advocate to be its
representative in the hearing before the Board of Discipline. The sole qualification required of an
advocate is that he or she be a member in good standing of a local Church of the Nazarene.
Membership need not be on the same district that has jurisdiction over the proceedings.
J409. Election or Appointment of the Board of Discipline. A Board of Discipline shall be
elected or appointed in accordance with Manual 605.5.
Manual 605.6 provides that either the District Advisory Board or the accused may request a
Regional Board of Discipline; therefore, before the Board of Discipline can be elected or
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appointed the issue of whether it will be a District Board or a Regional Board must be resolved.
lf the District Advisory Board elects to request a Regional Board of Discipline, it is not
necessary to contact the accused; however, if the District Advisory Board does not request a
Regional Board of Discipline, then the accused must be notified that a board of di~cipline ~ill ~e )
(
elected in accordance with the Manual unless the accused files a request with the d1stnct
superintendent, in writing, within 14 days, for a Regional Board of Discipline.
J410. District Board of Discipline. lf neither the District Advisory Board nor the accused )
(
request a Regional Board of Discipline, then the District Advisory Board shall elect a District
Board of Discipline of five assigned ordained ministers and not fewer than two laypersons as it
deems advisable, who are members of the district.
J411. Regional Board of Discipline. If either the District Advisory Board or the accused
request a Regional Board of Discipline, then the general superintendent in jurisdiction of the
district where the accused holds membership, shall appoint a Regional Board of Discipline of
five assigned ordained ministers and not fewer than two laypersons, (the number of ministers and
laypersons being determined by the general superintendent in jurisdiction), all of whom shall be
members of the region.
J412. Restrictions on the Board of Discipline. The Board of Discipline shall not include the
district superintendent, any person related to the accused by blood or marriage, any material
witness, or any member of the Investigating Committee.
J413. Officers of the Board of Discipline. At the time the Board of Discipline is elected or
appointed, the District Advisory Board or the general superintendent in jurisdiction shall
designate one of the members to be chairperson and one to be clerk.
J414. Filing of the Written Charges. The secretary of the District Advisory Board shall file the
written charges with the clerk of the Board of Discipline, immediately upon the organization of
the Board of Discipline.
J415. Vacancies on Board of Discipline. In case any member of the Board of Discipline shall
fail or refuse to act, the District Advisory Board shall fill the vacancy for a District Board of
Discipline, and the general superintendent in jurisdiction shall fill the vacancy for a Regional
Board of Discipline.
J416. Notification of the Accused. The District Advisory Board shall give the accused notice
thereof, as soon as practical, by any method which gives actual notice. When actual notice is not
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practical, notice may be provided in the manner which is customary for serving legal notices in
that locality. The accused and his or her advocate shall have the right to examine the charges and
specifications and to receive a copy thereof immediately upon request. No accused shall be
required to answer charges of which he or she has not been informed as specified herein. The
notice shall consist of:
• A copy of the charges .
• A list of the names of the Board of Discipline .
• A notification of the time and place set for the hearing .
The hearing shall not proceed until the clerk verifies that the- accused has been actually
notified, or that the accused has been served in accordance with Manual 605.3.
J417. "Judicial Manual. " A copy of this Judicial Manual shall be made available to the
accused.
J418. Procedure for the Hearing of the Board of Discipline. The Board of Discipline has
authority to define the procedures to be followed in its hearings. The procedures adopted shall be
consistent with the Manual, this Judicial Manual, and to the principles espoused in Manual
paragraph 600.
Issues which should be addressed are:
• The place where the hearing shall be held. The location must be within_ the bounds of the
district where the charges were filed.
• The time of the hearing.
• Whether or not the hearing will be open to the public. The Board of Discipline may establish
such restrictions concerning attendance at the hearings as it deems appropriate.
• The District Advisory Board and the accused may choose to be represented by advocates. A
record of the proceeding shall be kept for purposes of appeal. The record may be a verbatim
written transcript; however, the Board of Discipline may choose to substitute a video
recording or an audio recording. All substantive decisions of the Board of Discipline shall be
in writing. The complete record shall be filed with the secretary of the District Advisory
Board.
• Each disciplinary hearing shall include a reading of the charges.
• After the reading of the charges, the accused shall be given an opportunity to admit or d ny
the charges. Should the accused decline to appear or to respond, the Board of Disciplin hall
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treat the failure as a denial. In the event the accused fails to appear or respond, the Board of
Discipline will appoint an advocate to represent the rights of the accused. The advocate
should be a member in good standing of a local Church of the Nazarene who does not have
connections or interests with an accusing party or witness that might jeopardize the
advocate's responsibility to zealously represent the interests of the accused.
• It is normal for each party to be given a limited time at the beginning of the hearing, to
present arguments that will assist the Board of Discipline in understanding the evidence to be
presented.
• The Board of Discipline should establish the rules for witnesses. It is normal for witnesses to
appear before the Board of Discipline for live testimony; however, there are situations where
testimony by written or recorded statements may be more appropriate. If live testimony is
permitted, the Board of Discipline should rule in advance whether the testimony will be in a
question and answer format or a less formal format. Manual paragraph 615.2 guarantees the
right of the accused to confront and cross examine witnesses face-to-face, and this right must
be upheld unless the accused consents to an alternate means of obtaining testimony.
• The testimony of any witness before a Board of Discipline shall not be received or
considered in evidence, unless such testimony be given under oath or solemn affirmation.
• The Board of Discipline should permit a reasonable opportunity for the parties to present
objections; however, neither party has a right to interfere with the orderly proceeding of the
hearing. The chairperson of the Board of Discipline shall rule on all objections, subject to
appeal to the entire Board of Discipline. The basis for objections and sustaining or overruling
the same shall not be bound by formal legal rules of evidence, but on the basis of a
reasonable inference of whether the proposed evidence is relevant, reliable, and consistent
with established rules.
• The Board of Discipline should establish the requirements of written statements to be
considered by the Board of Discipline. Unless special circumstances make a different rule
appropriate, all written statements should be signed. The accused shall be given a copy of
any written or recorded statement considered by the Board of Discipline. Manual paragraph
615.2 guarantees the right of the accused to confront and cross examine witnesses face-toface,
and this right must be upheld unless the accused consents to an alternate means of
obtaining testimony.
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l
•
•
The Board of Discipline may establish rules under which physical evidence may be
considered by the Board of Discipline. When establishing the rules, consideration shall be
given to how the physical evidence will be treated in the record of the hearing.
After all of the evidence to be considered by the Board of Discipline has been presented, it is
normal to give each party an opportunity to present arguments to the Board of Discipline.
The arguments may be oral or written.
J419. Decision of the Board of Discipline on the Guilt or Innocence of the Accused. The Board
of Discipline shall reach a unanimous agreement concerning whether the accused is "guilty" or
"not guilty" on each of the charges. If, after a reasonable ~ffort to reach a unanimous agreement,
the Board of Discipline has come to a unanimous agreement on one or more charges but has been
unable to reach a unanimous agreement on all of the charges, the chair of the Board of Discipline
will, without disclosing the vote for any charge, announce that a unanimous decision has been
reached for at least one charge, but that no unanimous decision has been reached for at least one
other charge. The advocate for the District Advisory Board may, at this point, elect to dismiss,
with prejudice, the charges for which no unanimous decision has been reached, and to accept the
decision on the remaining charges in resolution of the matter, or, in the alternative, to ask for a
mistrial on all charges and have them sent back to the District Advisory Board, which will decide
whether to drop the charges or to appoint a new Board of Discipline.
J420. Decision of the Board of Discipline Concerning Appropriate Consequences. Upon a )
finding of "guilty" on any charge, the Board of Discipline shall decide on the appropriate
consequences for the wrongful conduct. It is sometimes appropriate for the Board of Discipline
to separate the finding of guilt from the decision on consequences, to allow time for negotiations
with the accused, or for the consideration of additional evidence related to the appropriate
consequences. Boards of Discipline are expected to establish the appropriate consequences in
order to effectively achieve the objectives set forth in Manual 600, "to sustain the integrity of the
church, to protect the innocent from harm, ... to bring the guilty to salvation, to rehabilitate the
guilty, to restore to effective service those who are rehabilitated, and to protect the reputation and
resources of the church."
Any decision of the Board of Discipline which requires action by the accused should also
include a description of the result of failure by the accused to comply with the decision.
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J421. Written Decision. The Board of Discipline shall prepare its decision in writing. The
decision shall be signed by all members of the Board of Discipline.
J422. Announcement of the Decision. The Board of Discipline shall give its decision to the
accused, the District Advisory Board, and the general superintendent in jurisdiction.
J423. Administration of Discipline. The District Advisory Board is responsible to carry out the
decision of the Board of Discipline including any follow-up that may be required, including the
notification of the District Ministerial Credentials Board and the general secretary.
J424. Effective Date of Decision. The decision of the Board of Discipline will be effective
when it is signed, unless it is suspended by the Court of Appeals with jurisdiction.
APPEAL OF A DISCIPLINE OF A MEMBER OF THE CLERGY
JS00. Procedure for Appeal. Either the accused or the District Advisory Board may appeal the
decision of the Board of Discipline as follows:
• The appeal must be in writing and signed by the party appealing.
• The appeal must be delivered to the general secretary of the Church of the Nazarene within
30 days of the announcement of the decision.
• The appeal must state the grounds for the appeal.
JS0l. Basis of the Review. The appropriate Court of Appeals shall review the appeal based on
the record of the hearing before the Board of Discipline. The issues reviewed by the Court of
Appeals shall be limited to those issues raised by the appellant in the notice of appeal. Issues that
are not raised in the notice of appeal shall be considered waived.
J502. Scope of Review. The Court of Appeals will evaluate whether error was committed by
any party that reasonably would affect the outcome. If such error is found, the Court of Appeals
may, at its discretion, remand the proceedings to the Board of Discipline for further proceedings
consistent with the Court of Appeals' ruling or reverse a finding of guilty on one or more
charges.
J503. Decision of the Court of Appeals. The decision of the Court of Appeals shall be in
writing and signed by the majority of the Court. A quorum of five shall be required for appeals
referred to this court.
J504. Appeal from Regional Court of Appeals. The decision of a Regional Court of Appeals
may be appealed to the General Court of Appeals, by filing a notice of appeal with the general
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secretary of the Church of the Nazarene, within 30 days of the date of the decision of the
Regional Court of Appeals. The notice of appeal must state the grounds for the appeal.
~505. Basis of the Review. The General Court of Appeals shall review the appeal based on the
record of the hearing before the Board of Discipline, and the record before the District Court of
Appeals and the Regional Court of Appeals. The issues reviewed by the Court of Appeals shall
be limited to those issues raised in the Notice of Appeal. No issues relating to the original
hearing may be raised for the first time before the General Court of Appeals.
J506. Scope of Review. All actions, orders, rulings, findings, and decisions of the Board of
Discipline, the District Court of Appeals, and the Regional Court of Appeals shall be subject to
review and correction by the General Court of Appeals. The General Court of Appeals will
evaluate whether error was committed by any party that reasonably would affect the outcome. If
such error is found, the Court of Appeals may, at its discretion, remand the proceedings to the
Board of Discipline for further proceedings consistent with the General Court of Appeals' ruling
or reverse a finding of guilty on one or more charges. The General Court of Appeals is the Court
of last resort for clergy within the Church of the Nazarene. Its decisions are not subject to
appeal.
J507. Decision of the General Court of Appeals. The decision of the General Court of Appeals
shall be in writing and signed by the majority of the Court. It shall be given to the accused, the
District Advisory Board, the general superintendent in jurisdiction, and the general secretary.
J508. Sessions of the Courts of Appeals. Any Court of Appeal may meet and deliberate in person
or through electronic or telephonic communication. Determination of quorum will be based upo~
the number of members of the Court of Appeals who are involved deciding a particular matter.
J509. Summary Judgment. A party, or a Court of Appeals on its own motion, may move for
summary judgment when there are no remaining factual issues to be tried. If the Court finds that
no significant factual issues remain to be resolved, it may make a final decision on the case with
no need for further proceedings before it.
17
CHURCH OF THE NAZARENE
FORM FOR BILL OF CHARGES AGAINST AN
ORDAINED OR LICENSED MINISTER*
Who is accused of Misconduct, Conduct Unbecoming a Minister, or of Teaching
Doctrines out of Harmony with the Doctrinal Statement of the Church of the Nazarene, or
of Serious Laxity in the Enforcement of the Covenant of Christian Character or Covenant
of Christian Conduct of the Church (2013-2017 Manual, Paragraph 605 .1 ).
DATE
-------------------
To the Rev. ______________ , District Superintendent of the
------------------- District:
We, the undersigned, Ordained Ministers in the Church of the Nazarene hereby
complain to you that Rev. _______________ , a member of the
Church of the Nazarene and of this Assembly District, is guilty of conduct of such a
serious character as to do violence to the laws, regulations, and usages of our church in
this respect:
GENERAL CHARGE
(continued)
18
We hereby charge the Reverend with the following specific acts, to wit:
SPEClFJCA TION NO. I
The Rev. ------------- did on or about, ____ (Date)
at ___________________ . (State place definitely)
SPEClFICA TION NO. 2
The Rev. ____________ did on or about, ----- (Date)
at __________________ . (State place definitely)
(Signed)
*This fonn is provided for template purposes only; there is no procedural error for changing the format or wording.
19
CHURCH OF THE NAZARENE
FORM FOR BILL OF CHARGES AGAINST
A LAY MEMBER*
Who is accused of Unchristian Conduct, or of Doing Violence to the Covenant of
Christian Character, or of showing Disregard for the Covenant of Christian Conduct of
the Church.
DATE -------------------
To the Rev. -------------- , District Superintendent of the
------------------- District:
We, the undersigned members of the committee appointed to investigate the
accusations against _________________ , a member of said
local church, having carefully examined into the accusations, hereby complain that said
________________________ is guilty of conduct of
such a serious character as to do violence to the laws, rules, and usages of our church in
this respect:
GENERAL CHARGE
(continued)
20
We hereby charge h
--- with the following specific acts, to wit:
SPECIFICATION NO. I
The said _____________ did on or about, ____ (Date)
at __________________ . (State place definitely)
SPECIFICATION NO. 2
The said --- did on or about, ----- (Date)
at __________________ . (State place definitely)
(Signed)
*This form is provided for template purposes only; there is no procedural error for changing the format or wording.
21
INDEX TO
JUDICIAL MANUAL
GENERAL PROCEDURES APPLYING TO BOTH CLERGY AND LAITY ................................ 3
J 100-Purpose of this Judicial Manual, 3
JI O !-Authority to Define Rules of Procedure, 3
JI 02-Response to Possible Misconduct, 3
J 103-Disci plinary Actions, 3
J 104-Resolution by Agreement, 3
CONTESTED DISCIPLINE OF A LAYPERSON ............................................................................ 3
1200-Filing of an Accusation, 3
120 ]-Response May be Required, 4
1202-Appointment of a Committee to Investigate an Accusation, 4
1203-Reporting to the Local Church Board, 4
1204-Notification of the Accused, 4
1205-Filing the Investigating Committee's Report, 4
1206-Action by the Local Church Board, 4
1207-Election of an Advocate, 5
1208-Appointment of the Board of Discipline, 5
1209-Filing of Charges, 5
1210-Vacancies on Board of Discipline, 5
1211-Notification of the Accused, 5
1212-Availability of Judicial Manual, 6
]213-Procedure for the Hearing of the Board of Discipline, 6
1214-Decision of the Board of Discipline on the Gui It or Innocence of the Accused, 7
1215-Decision of the Board of Discipline on the Issue of Appropriate Consequences, 8
]216-Written Decision, 8
]217-Announcement of the Decision, 8
1218-Administration of Discipline, 8
22
1219-Effective Date of Decision, 9
APPEAL OF A DISCIPLINE OF A LAYPERSON .......................................................................... 9
BOO-Procedure for Appeal, 9
1301-Basis of the Review, 9
1302-Scope of the Review, 9
1303-Decision of the District Court of Appeals, 9
1304-Cost and Guaranty of Rights, 9
CONTESTED DISCIPLINE OF A MEMBER OF THE CLERGY .................................................. 10
1400-Filing of an Accusation, I 0
1401-Duty of a Person Receiving an Accusation 10
1402-A Response May be Required, 10
1403-Election of a Committee to Investigate an Accusation, 10
1404-Notification of the Accused, 10
1405-Filing the Investigating Committee's Report with the District Advisory Board, I 0
1406-Action by the District Advisory Board, 11
1407-Duties of the District Superintendent, 11
1408-Election of an Advocate, 11
J409-Election or Appointment of the Board of Discipline, 11
J410-District Board of Discipline, 12
1411-Regional Board of Discipline, 12
1412-Restrictions on the Board of Discipline, 12
1413-Officers of the Board of Discipline, 12
1414-Filing of the Written Charges, 12
1415-Vacancies on Board of Discipline, 12
1416-Notification of the Accused, 12
1417-Judicial Manual, 13
J418-Procedure for the Hearing of the Board of Discipline, 13
1419-Decision of the Board of Discipline on the Guilt or Innocence of the Accused, 15
1420-Decision of the Board of Discipline Concerning Appropriate Consequences, 15
23
J421-Written Decision, 16
J422-Announcement of the Decision, 16
J423-Administration of Discipline, 16
J424-Effective Date of Decision, 16
APPEAL OF A DISCfPLINE OF A MEMBER OF THE CLERGY ................................................ 16
JS00-Procedure for Appeal, 16
J501-Basis of the Review, 16
J502-Scope of Review, 16
J503-Decision of the Court of Appeals, 16
J504-Appeal from Regional Court of Appeals, 16
1505-Basis of the Review, 17
1506--Scope of Review, 17
1507-Decision of the General Court of Appeals, 17
J 508-Sessions of the Courts of Appeal, 17
]509-Summary Judgment, 17
BILLS OF CHARGES ....................................................................................................................... 18
Minister, 18
Lay Member, 20
24
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