# LCMS Convention Workbook_St. Louis Missouri_2016_S369 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) UNIVERSITY EDUCATION Resolved, That Bylaw 3.10.5.5.2 (d) (2) be amended to state that the decision to remove a name from the short list shall require a majority vote by the panel. Prince of Peace Portland, OR 7-14 COMMISSION ON HANDBOOK 2016 LCMS Convention OMNIBUS OVERTURE #6 (Concordia University System) The Commission on Handbook recognizes that its proposed overtures to the 2016 convention can be grouped together according to same-subject matter to facilitate the work of the floor committee. This “omnibus” overture groups the commission’s bylaw change proposals regarding the Concordia University System into a single overture for the floor committee’s convenience. –––––––––––– A. To Clarify How District-Appointed College/University Board of Regents Members’ Terms of Office Are Established Rationale The CCM has opined (CCM Opinion 14-2722) that boards of regents of the Synod’s colleges and universities must determine when to appoint members for three-year terms (since this is not currently regulated in the Synod’s Bylaws), so long as such terms are consistent with the Bylaws’ plain sense of “a three-year term.” The Commission on Handbook proposes the following action by the 2016 Synod convention to amend item 3 under Bylaw 3.10.5.2 accordingly. Proposed Action PRESENT/PROPOSED WORDING 3.10.5.2 The board of regents of each college and university shall consist of no more than 17 voting members. 1. One ordained minister, one commissioned minister, and two laypersons shall be elected by the conventions of the Synod. 2. One ordained minister, one commissioned minister, and two laypersons shall be elected by the geographical district in which the institution is located. 3. No less than four and no more than eight laypersons shall be appointed as voting members by the board of regents according to a process determined by the individual institution. 4. The president of the district in which the college or university is located … . B. To Provide Clarity to Bylaws Governing Concordia University System Faculty Policies and Dispute Resolution Rationale The 2013 Res. 5-06A “To Revise Bylaw 3.10.5.6 re College and University Faculties” removed much of the content of Bylaws 3.10.5.6ff as being no longer relevant at the Synod level, thereby to allow boards of regents to set their own policies governing faculty and academic matters. Res. 5-06A replaced the deleted bylaw paragraphs with new paragraphs requiring each educational institution to state policies and procedures related to faculty matters (3.10.5.6.1), to state terms and 369 conditions of employment and limitations on academic freedom in appointment documents (3.10.5.6.2), and to provide a formal procedure for carrying out performance reviews on a regular basis (3.10.5.6.3). Res. 5-06A also detailed proper causes for termination of faculty employment (3.10.5.6.4), retained bylaw language regarding consequences of the removal of faculty members from the roster of the Synod (3.10.5.6.4.1), and added a bylaw requiring Concordia University System dispute resolution guidelines for use by faculty members who wish to challenge a termination decision (3.10.5.6.4.2). This process of removing former Bylaws 3.10.5.6ff resulted in newly adopted bylaws that are less than clear in their expectations for dispute resolution related to faculty employment and academic matters. In addition, Res. 5-06A also removed the former Bylaw 3.10.5.6.9 governing the handling of complaints against academic institutions’ faculty or administration. The following proposed bylaw amendments will clarify the wording of the replacement bylaw paragraphs and essentially restore the dispute resolution process for addressing complaints against faculty or administration members. Proposed Action Therefore be it Resolved, That new Bylaws 3.6.6.7 and 3.6.6.8 governing Concordia University System policy administration and dispute resolution be adopted as follows: PRESENT/PROPOSED WORDING Concordia University System … 3.10.5.6.1 3.6.6.7 The Concordia University System Board of Directors shall maintain in its policies a list of subject matters that Eeach educational institution shall statemust address in its own policies and procedures, related to include faculty appointments, employment contracts, contract renewal, contract termination, faculty organization, modified service, and sabbaticals., and dispute resolution within the Concordia University System’s Standard Operating Procedures Manual for Dispute Resolution. 3.6.6.8 The Concordia University System Board of Directors shall maintain and implement the following dispute resolution process to respond to any complaint regarding an institution’s faculty or administration, including those arising out of Bylaw 3.10.5.6.4, with the exception of complaints belonging under Bylaw sections 2.14 and 2.17 that must be referred to a district president. (a) If a board of regents receives a complaint against a member of that institution’s faculty or administration concerning any matter, it shall, except in situations which may place the complainant at personal risk, direct him/her first to meet face-to-face with the respondent in the manner described in Matthew 18:15 in an attempt to resolve the issue. The president of the institution shall ordinarily assist in this attempt. If he is the respondent, the chairman of the board of regents shall act in his stead. (b) If the complainant is of the opinion that such informal reconciliation efforts have failed and wishes to continue to pursue the matter, he/ she shall prepare a written statement of the matter in dispute and a written statement setting forth in detail the efforts that were made to achieve information reconciliation. These statements shall be provided to the board of regents and the respondent. (c) Within 21 days after receipt of the written statements of the complainant, the respondent shall submit a written reply to the board of regents and the complainant. If the respondent fails to reply, the 2016 Convention Workbook