# LCMS Convention Workbook_St. Louis Missouri_1983_S212 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) 212 STRUCTURE AND CONSTITUTION g. If the accused fails to answer the statement of the charges or declares that he desires no hearing to be held, the hearings committee shall consider whether the grounds stated constitute adequate cause for dismissal, and in its discretion may independently investigate the truth of the charges. h. Ifa hearing is held it shall be private unless the accused requests a public hearing. However, the president or his representative, andthecomplainant, the accused, and their advisers shall have the right to be present at the hearing at all times. Opportunity for cross examination and for presenting testimony by competent witnesses shall be afforded. i. The hearings committee shall forward its find- ings to the complainant, to the accused, to the president, and to the Board of Regents. j. After the findings of the hearings committee have been conveyed to the Board of Regents, the board, after hearing whatever additional witnesses it may desire to hear and considering all pertinent evidence, including, if it is a theolgical issue, the opinion of the Commission on Theology and Church Relations, shall render a decision. This decision shall in no case be rendered without having given the accused a personal hearing, with right of counsel, and with adequate opportunity for the preparation of a response to the charge, as well as having given an opportunity for the complainant with right of counsel to appear before the Board of Regents. k. If the decision of the Board of Regents is that the accused is to be removed from the faculty, the Board of Regents shall formally, in writing, notify the accused that his appointment to the faculty is being terminated and shall specify the effective date of the termination. 1. Ifthe charge sustained against the individual is of such a nature that it could disqualify him from further membership in the Synod under Article XIII, the District President of the accused shall be so notified and a transcript of the proceeding shall be forwarded to the District President. The District President shall then proceed in the manner prescribed in the Constitution and Bylaws. m. Ifa faculty member has lost his membership in the Synod through the ecclesiastical route (Bylaw 6.49), he shall automatically forfeit his membership on the faculty after the appeals procedure has been applied or after he has failed to file an appeal within 90 days. During the 90-day period and during the appeals procedure, if an appeal is made, the Board of Regents shall suspend him from teaching activity but shall continue to meet its contractual obligations. 6.49 Ecclesiastical Supervision A faculty member who is a clergy or teacher member of the Synod is under the ecclesiastical supervision of the Synod. In cases in which such a faculty member is charged with false doctrine or conduct unbecoming a Christian and in which the complainant finds unacceptable the decision of the Board of Regents not to pursue the charge, he may be dealt with by the District President or the synodical President and be removed from membership in the Synod and therefore from office in harmony with the provision of the Constitution and Bylaws of the Synod (e.g., Constitution Articles III, 8-9; VI; XI, B; XII, 6-9; XIII; Bylaws 1.15, 1.19, 2.101, 3.73, 3.77, 6.47 c, chapter VIII). The written decisions of the Commis- sion on Adjudication and the Commission on Appeals required under Bylaw 8.37, including the finding of fact, the conclusions, and the reasons for such conclusions, shall be conveyed in writing to the Board of Regents of the faculty member involved. g. If the accused fails to answer the statement of charges or declares that he desires no hearing to be held, the hearings committee shall consider whether the grounds stated constitute adequate cause for removal from office and in its discretion may independently investigate the truth of the charge. h. If a hearing is held, each party shall have the right to select not more than two advisers (cf. Bylaw 8.51 j). The hearing shall be private. However, the president or his representative and the complainant, the accused, and their advisers, shall have the right to be present at the hearing at all times. Opportunity for cross-examination and for presenting testimony by competent witnesses shall be afforded. i. The hearings committee shall forward its find- ings to the complainant, the accused, the president, and the Board of Regents. j. After the findings of the hearings committee have been conveyed to the Board of Regents, the board, after hearing whatever additional witnesses it may desire to hear and considering all pertinent evidence, including, if it is a theological issue, the opinion of the Commission on Theology and Church Relations, shall render a decision. The decision shall in no case be rendered without having given the complainant and the accused an opportunity to appear before the Board of Regents. k. If the decision of the Board of Regents is that the accused is to be removed from the faculty, the Board of Regents shall notify the accused in writing that his appointment to the faculty is being termi- nated and shall specify the effective date of the termination. 1. Ifthe charge sustained against the individual is of such a natuze that it could disqualify him from further membership in the Synod under Article XIII, the District President of the accused shall be so notified and a transcript of the proceeding shall be forwarded to the District President. The District President shall then proceed in the manner prescribed in the Constitution and Bylaws. m. Ifthe faculty member has lost his membership in the Synod through the ecclesiastical route (Bylaw 6.49), he shall automatically forfeit his membership on the faculty after the appeals procedure has been applied or after he has failed to file an intent to appeal within 30 days and the appeal itself within a second 30-day period. During the period allowed for appeal and during the appeals procedure, if an appeal is made, the Board of Regents shall suspend him from teaching activity but shall continue to meet its con- tractual obligations. n. Bylaw 8.51 m shall apply also to these proce- dures. 6.49 Ecclesiastical Supervision A faculty member who is on a roster of the Synod is under the ecclesiastical supervision of the Synod. In cases in which such a faculty member is charged with false doctrine or conduct unbecoming a Chris- tian and in which the complainant finds unaccept- able the decision of the Board of Regents not to pursue the charge, he may be dealt with by the District President or the synodical President and be removed from membership in the Synod and therefore from office in harmony with the provision of the Constitu- tion and Bylaws of the Synod (e.g., Constitution, Articles III, 8-9; VI; XI, B; XII, 6-9; XIII; Bylaws 1.15, 1.19, 2.101, 3.73, 3.77, 6.47 c, chapter VIID. The written decisions of the Commission on Adjudication andthe Commission on Appeals required under Bylaw 8.67, including the finding of fact, the conclusions, andthe reasons for such conclusions, shall be conveyed in writing to the Board of Regents of the faculty member involved.