# LCMS Convention Proceedings_St. Louis Missouri_1992_S151 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) .« from the synodical roster of reconcilers and shall serve STRUCTURE AND ORGANIZATION 6.47 Procedures for Exercising Board Supervision H a. If the Board of Regents receives a complaint against a member of that institution's faculty or admin- istration concerning any matter, including those speci- fied under Bylaw 6.43 c 1-6, it shall direct the. complainant first to meet face to face with the respondent in an attempt to resolve the issue (Matt. 18:15). The pres- ident of the institution shall assist in this attempt. ifthe president himself is the respondent, the chairman ofthe board shail act in his stead. b. If the complainant is of the opinion that such i in- formal reconciliation efforts have hi iled and he wishes to pursue the matter, he shall prepare a written state- ment of the matter in dispute and a written statement setting forth, in detail, the efforts that have been made to ieve informal reconciliation and forward such statements to the Board of Regents and to the respondent. c. Within 21 days after receipt of the written statement of the matter in dispute, the respondent shall submit\a written reply ta the Board of Regents and the complain- ant. If the respondent fails to reply, the allegations of the statement of the matter in dispute shall be deemed accepted. Ki Upon receipt of a reply from the respondent or|if no reply is received, and the Board of Regents determings that all informal reconciliation efforts have failed, the Board of Regents shall form a Review Committee tee of Fi fiv ve persons (Matt. 18:16) which shall be chosen as fol 18: 1. Each party shall select one faculty member and one regent. 2.. The fifth member shall be selected by blind drat re as chairman, 3. The selection shall be completed within one month of the date on which the board decides to form the Review Committee. e. If the board decides that the matter is of sucha nature that the interests of the institution will best be served, it may limit the activities of the respondent. It may do 80 by, relieving the respondent of teaching and/ ° or administrative duties pending final resolution of the conflict. However, contractual obligations of the insti- tution shall continue until the matter is resolved. f. The Review Committee shall proceed as follows: 1. The committee shall hold its first hearing no later than 60 days after the last committee member has been appointed, 2. The chairman of the committce shall notify the complainant and the respandent, at least 28 days in ad- vance, of the date, time, and place of the said hearing, 3. If any port of the dispute involves a specific ques- tion of doctrine or doctrinai application, each party shall have the right to an opinion from the Commission on Theology and Church Relations. If it involves questions of Constitution or Bylaw interpretation, each party shall have a right to an interpretation from the Commission on Constitutional Matters. The request for an opinion must be made through the Review Committee, which shall determine’ the wording of the question(s). The ra. quest for an opinion must be made within four weeks of the finol formation of the Review Committee. If a party does not request such an opinion within the designated time, such a request may still be made to the Review Committee, which shall, at its discretion, determine whether the request shall be forwarded. The Review ’ ' 1 t | “149 Committee shall also have the right, at any time, to re- quest an opinion from the Commission on Theology and Church Relations or the Commission on Constitutional Matters. When an opinion has been requested, the time limitations will not apply until the opinion has been received by the parties. Any opinion received must be followed by the Review Committee. 4. All hearings shall be private, attended only by the parties and the witnesses who can substantiate the facts relevant to the matter in dispute. The Review Committee shall establish the procedure to be followed in the hear- ing and the relevancy of evidence so that each party shall be given an opportunity to fully present its respective position, In performing its duty, the Review Committee shall continue efforts to reconcile the parties on the basis of Christian love and forgiveness. If a party is a board or commission of the Synod or its Districts, it shall be represented by its chairman or a designated member. 5. Within 60 days after completion of the final hear- ing, the Review Committee shall issue a written decision which shall state the facts determined by the committee and the reason for its decision and forward them to the Parties and the Board of Regents. The Board of Regents shall then take appropriate action, which shall be final. 8. However, if the complaint involves conduct under Bylaw 6.43 ¢ 5-6, the complainant may take the com- Plaint to the District President, who shall follow the pro- cedure set forth in Bylaw 2.27. h. If the committee decides there is a valid complaint (1) regarding matters under Bylaw.6.43 ¢ 1~4, it may take whatever action it deems appropriate, including rec- ommendation for termination of the employment con- tract, (2) regarding matters under Bylow 6.43 c 5-6, it must refer the complaint to the District President, who shall follow the procedure set forth in Bylow 2,27. i, Al every stage of the above described procedure, all parties must be furnished copies of all documents filed. 6.49 Ecclesiastica! Supervision 6.49 Ecclesiastical Supervision A faculty member who is on a roster of the Synod is under the ecclesiastical supervision of the Synod. In the event a member is removed from membership in the Synod pursuant to procedure established in these By- laws, then that member is also considered removed from the position held ond shail be terminated forthwith by the Board of Regents. ' Action: ‘Adopted (10). * (An amendment calling for deletion of 6.47d was declined.) To Adopt Revised Procedure for Selection of Commission on Constitutional Matters RESOLUTION 5-04 Overtures 5-22-28B (CW, pp. 244-46) Wuereas, The selection of the members of the Com-