The Decision and Filing an Appeal

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The Decision

"The person who raised the fitness question meets with the representatives of the body making the final decision to learn what was decided, receive pastoral support, and to seek reconciliation in the situation.  The person's support person may also be present for the meeting." (The United Church of Christ, 2002, p.62)

You may receive the decision prior to meeting with the Committee ( by phone) or you may receive the decision during a meeting with the Committee.  In any case, you should be offered the opportunity to meet with the Committee and to question the members regarding their decision.  Should you receive the decision during this meeting, you may need clarification from the Committee members, particularly if the decision does not "fit" the six outcomes listed in The Oversight.  It would be advisable to step out of the meeting with your support person to discuss the decision and to formulate questions.  Again, while your support person may be allowed to accompany you to this meeting, he or she will not be allowed to speak on your behalf.  However, you can ask your support person to take notes, since documentation of every meeting is important.
 
Take this opportunity to ask questions regarding disclosure to the congregation.  Ask what guidelines will be followed in order to enforce disclosing only on a need to know basis.  Bring up the subject of confidentiality and your expectations regarding your rights in this area.  Be aware that, due to the polity of the United Church of Christ, the congregation has the right to disclose the findings of the fitness review in any way they wish.  Unfortunately, this can result in great harm to you.  The congregation in my church held a "rally" for the minister and defamed me in a meeting where a "mob mentality" ruled.  Please be prepared for this possibility.
 
Again, you are to be treated with respect during your meeting with the Committee on Church and Ministry and should receive "pastoral support" from the Committee members.  You should also be offered information regarding filing an appeal if you disagree with the decision or you feel that the process was not followed.  If this is not offered to you, ask for it.    
 
 

Filing an Appeal
Use the process for filing an appeal to determine if you can appeal the decision or if you can only appeal the process.  Keep in mind that if the Appeal Body decides that the process was not followed and that because the process was not followed, the decision was affected, the decision by the Committee on Ministry may be changed.  Your support person can help you with the decision as to whether to appeal or not as well as with the process of the appeal.  Be aware that the minister also has the right to appeal.  If you do initiate an appeal, ask for a contact person who will be available for your questions and keep you up to date regarding the progress of the Appeal Body.
 
Review the appeal process in The Oversight of Ministries of the United Church of Christ (2002, pp 51-54).  Write down any questions you have and review them with your support person.  Again, do all that you can to effect a just result in this process.   

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