# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_May 18 20 2007_S2
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

Bylaw 3.8.3.8.9 (j) provides that the Board for University Education, in consultation with the Commission on Constitutional
Matters of the Synod, “shall maintain and amend, as necessary, a Standard Operating Procedures Manual, which shall serve as a
comprehensive procedures manual for this bylaw.”
Accordingly, the Commission on Constitutional Matters has advised that a manual for colleges and universities be developed
“that will set forth in detail a standard manner for carrying out the provisions of Bylaw 3.8.3.8.9 by any and all boards of regents
of the Synod’s educational institutions, dealing with all cases of complaints arising out of Bylaw 3.8.3.8.5 and other such
bylaws.” The commission advised that this Standard Operating Procedures Manual “be made available to and for the benefit of
each board of regents, the president of each educational institution, the parties in dispute, each Review Committee that is formed,
and others as necessary or required.”
B. Purpose
Bylaw 3.8.3.8.9 and this accompanying manual are intended to serve as a uniform process for the resolution of all complaints
against members of the faculty or administration of the Synod’s colleges and universities, whether full-time or part-time faculty,
whether serving under initial level or continuing level appointments, also including faculty members and administrators who are
not members of The Lutheran Church—Missouri Synod. This process shall be used in response to complaints concerning any
matter, including those specified under Bylaw 3.8.3.8.5.
Questions regarding procedure may be directed to the president of the institution or the chairman of the board of regents in the
early part of the process. When a Review Committee is in place, questions may be directed to the chairman of the committee.
C. Contract Statement
It is advisable to include in employee contracts a reference to the appropriate campus handbook or manual that spells out the
institution’s expected behavior and conditions of employment. This Standard Operating Procedures Manual should be included
in the faculty and staff handbook/manual, either in its entirety or with specific reference to a copy in a designated office or
embedded in the campus electronic information system. Employees should be encouraged to read this manual and its referenced
2004 LCMS Handbook provisions governing institutional procedures and processes for resolving complaints.
The following or a similar statement is provided as an example for inclusion in an employee’s contract:
Complaint Resolution
Both parties agree that any complaint/dispute brought against the employee as a result of his/her employment
shall be reconciled, adjudicated, and/or appealed, as appropriate, in accordance with the rules and regulations
governing such as provided by the Constitution and Bylaws of The Lutheran Church—Missouri Synod and,
as applicable, by the Standard Operating Procedures Manual accompanying Bylaws 3.8.3.8.5 and 3.8.3.8.9.
Both parties further agree to follow the procedures and processes for resolution of complaints and/or disputes
as delineated in the aforementioned documents and accept and uphold any final decisions resulting from such
processes as final with no resort to or review by civil courts or any other public forum. No other remedies
shall be pursued unless and until the procedures referenced by this paragraph have been exhausted.
D. Exceptions
As with other dispute resolution processes of the Synod (e.g., Bylaw section 1.10) the process described in this Standard
Operating Procedures Manual is intended to provide an evangelical procedure to respond to complaints. It is not intended to
provide an exclusive remedy for the following matters, unless such matters involve theological, doctrinal, or ecclesiastical issues,
including those arising under the divine call of a member of the Synod:
(a) Disputes concerning property rights (e.g., real estate agreements, mortgages, fraud, or embezzlement);
and
(b) Disputes arising under contractual arrangements of all kinds (e.g., contracts for goods, services, or
employment benefits).
E. Other Processes for Dispute Resolution
The process provided by Bylaw 3.8.3.8.9 and this Standard Operating Procedures Manual exists to address complaints brought
against members of the faculty or administration of the Synod’s educational institutions. In addition, provisions and procedures
for doctrinal dissent are set forth in Bylaw section 1.8; provisions for doctrinal discussions are set forth in Bylaw 3.9.6.2.1 and
Bylaw sections 4.8, 4.9, and 5.3; provisions and procedures for doctrinal review are set forth in Bylaw section 1.9; provisions and

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