1992 Book of Discipline: ¶ 2622

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Section II. Investigations, Trials, and Appeals

2622. Fair Process--The following procedures are presented for the protection of the rights of individuals guaranteed under Section III, Article IV, of our Constitution and for the protection of the church. The presumption of innocence, shall be maintained until the conclusion of the trial process. At each step in the proceedings listed in 2622 through 2626, efforts for reconciliation shall continue, so long as these efforts are not used to hinder fair process.9

1.--In any involuntary administrative or judicial proceeding, the respondent (the person to whom the procedure is being applied) shall have a right to be heard before any final action is taken.

2. Notice of any hearing shall advise the respondent of the reason for the proposed procedures with sufficient detail to allow the respondent to prepare a response. Notice shall be given not less than twenty (20) days prior to the hearing (cf 2625.1e).

3. The respondent shall have a right to be accompanied by another person to any interview or hearing to which they are subject, in accordance with the appropriate disciplinary provisions (cf 448.1, 453.1, and 2625.1e). The person accompanying them shall have the right of advocacy.

4. In any involuntary administrative or judicial proceeding, under no circumstances shall one party or counsel, in the absence of the other party or counsel, discuss substantive matters with members of the hearing, trial, or appellate body, while the case is pending. Questions of procedure may be raised with the presiding officer or secretary of the hearing or appellate body.

5. A person shall not be subjected to administrative or judicial process a second time for the same alleged offense.

6. The respondent shall have access to all records relied upon in the determination of the outcome of any and all aspects of processes related to or which may culminate in a judicial proceeding.

7. Special attention should be given to ensuring the racial, ethnic, and gender diversity of The United Methodist Church in the boards, committees, and courts of The United Methodist Church.

9See Judicial Council Decision 557.

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1992 Book of Discipline: ¶ 2622
1996 United Methodist General Conference