# LCMS Convention Proceedings_St. Louis Missouri_2013_S149
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

(e) If the board decides that the matter is of such a
nature that the interests of the institution will best be
served, it may limit the activities of the respondent.
It may do so by relieving the respondent of teaching
and/or administrative duties pending final resolution
of the conflict. However, contractual obligations of the
institution 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 committee shall notify
the complainant and the respondent, at least 28
days in advance, of the date, time, and place of
the said hearing.
(3) If any part of the dispute involves a specific
question of doctrine or doctrinal 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 request for an opinion must be made within
four weeks of the final 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 committee shall also have the right, at any time, to request
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 follow the procedures set
forth in the Standard Operating Procedures Manual for this bylaw to be followed in the hearing and
shall establish the relevancy of evidence so that
each party shall be given an opportunity to present fully 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.

R e s olu t i on s

(5) Within 60 days after completion of the final
hearing, the review committee shall issue a written decision which shall state the facts determined
by the committee and the reasons 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.
(g) If the committee decides there is a valid complaint
(1) regarding matters under Bylaw 3.10.5.6.5
(1)–(4), it may take whatever action it deems
appropriate, including recommendation for termination of the employment contract;
(2) regarding matters under Bylaw 3.10.5.6.5 (5)–
(6), if the member of the institution’s faculty or
administration is a member of the Synod, it must
also refer the complaint to the district president,
who shall follow the procedure set forth in Bylaw
sections 2.14 or 2.17.
(h) At every stage of the above-described procedure,
all parties must be furnished copies of all documents
filed.
(i) Any decision made pursuant to Bylaw 3.10.5.6.9
shall be final and binding on the parties involved with
no right of further appeal.
(j) In consultation with the Commission on Constitutional Matters, the Board of Directors of Concordia
University System shall maintain and amend, as necessary, a Standard Operating Procedures Manual, which
shall serve as a comprehensive procedures manual for
this bylaw.
3.10.5.6.10
Each institution shall have established policies
and procedures related to salary, faculty organization,
faculty involvement in establishing institutional education policies, dispute resolution, modified service,
sabbaticals and leaves. It shall also have policies and
procedures related to student discipline.
(a) The salary schedules of all institutional employees
shall be fixed by the board of regents on recommendation of the president of the institution. The salary
schedules shall be established within the broad guidelines provided by the Board of Directors of Concordia
University System.
(b) The board of regents, on recommendation of the
president of the institution, shall establish an effective
faculty organizational structure.
(1) The president or his designee shall preside at
regular and special meetings.
(2) The faculty shall elect a secretary and provide
for the election of committees, consisting of faculty members or of faculty members and other
persons, who shall study, evaluate, and report to
the faculty on policy matters affecting the academic activity of the institution, the activity and
welfare of the members of the faculty, and the life
2 0 1 3 C o n v e n t io n P r o c e e d i n g s

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