# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_May 18 20 2007_S6
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

3.8.3.8.9

The board of regents shall have authority to investigate, hear, and act on any complaint arising out of Bylaw
3.8.3.8.5.
(a) If the board of regents receives a complaint against a member of that institution's faculty or administration
concerning any matter, including those specified under Bylaw 3.8.3.8.5,…

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A complaint may be brought against a member of an institution’s faculty or administration concerning matters
that are not cause for removal from office. Complaints may also pertain to matters that may result in removal
from office, i.e., “(1) professional incompetency including but not limited to the failure to meet the criteria
identified in Bylaw 3.8.3.8.2 (d); (2) incapacity for the performance of duty; (3) insubordination; (4) neglect of
or refusal to perform duties of office; (5) conduct unbecoming a Christian; (6) advocacy of false doctrine
(Constitution, Art. II) or failure to honor and uphold the doctrinal position of the Synod as defined further in
Bylaw 1.6.2 (b)” (Bylaw 3.8.3.8.5).
Complaints ordinarily are received by the president of the institution except when the president is the
respondent, in which case they are received by the chairman of the institution’s board of regents.
Because of its biblical nature, Christian conflict resolution encourages parties to openly and candidly admit their
offenses. Thus it requires an environment where parties may speak freely without fear that their words may be
used against them later, especially should there be subsequent legal proceedings. Therefore, all communications
that take place shall be regarded as strictly confidential.

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1.2

Complainant directed to have face-to-face meeting

3.8.3.8.9

…(a) If the board of regents receives a complaint against a member of that institution's faculty or
administration concerning any matter, including those specified under Bylaw 3.8.3.8.5, it shall direct the
complainant first to meet face to face with the respondent in an attempt to resolve the issue (Matthew 18:15).

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The board of regents must develop a procedure to exercise its responsibilities without delay as soon as a
complaint is submitted.
An informal attempt to resolve the complaint that includes a face-to-face meeting of the complainant and the
respondent precedes further formal measures.
Although the complainant and respondent will likely have communicated before this time, perhaps even fact-toface, they are to be directed to meet to attempt to resolve the issue between them.
This private face-to-face meeting should reflect a spirit of repentance and forgiveness on the part of both
parties.
The complainant may at any time during this stage of the process withdraw his complaint, provided such
withdrawal is in writing with copies provided to the president, the board of regents, and the respondent.

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1.3

Complainant receives assistance from president or chairman of the board

3.8.3.8.9… (a)…(1) The president of the institution shall assist in this attempt.
(2) If the president himself is the respondent, the chairman of the board shall act in his stead.
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A face-to-face meeting of the complainant with the respondent is a primary interest of this process in order to
serve its ultimate interest, i.e., reconciliation, repentance, and forgiveness.
The president of the institution is required to assist in the attempt of the complainant to have a meaningful and
fruitful meeting with the respondent.
In the event that the president is the respondent, the chairman of the board has the responsibility for assisting in
this attempt to have a meaningful and fruitful meeting.
This is a fitting time for the president or chairman of the board to supply a copy of this Standard Operating
Procedures Manual to the complainant and respondent.
Unwillingness on the part of the complainant to participate in a face-to-face meeting halts the process.
Unwillingness on the part of the respondent becomes a matter of record as the process proceeds.

2. Request for Formal Process
2.1

Complainant prepares written statements

3.8.3.8.9

…(b) If the complainant is of the opinion that such informal reconciliation efforts have failed and there is a
wish to pursue the matter, the complainant shall prepare a written statement of the matter in dispute and a
written statement setting forth, in detail, the efforts that have been made to achieve informal reconciliation and
forward such statements to the board of regents and to the respondent.

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