# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_July 13 19 2007_S3
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

3.
4.
5.
VI.

Formation of Review Committee ............................................................................ 11
Review Committee Formal Hearing........................................................................ 12
Review Committee Decision................................................................................... 14

Appendix A: Review Committee Decision Report ...........................................................................16
I. General

A. Preamble
The 2004 convention of The Lutheran Church—Missouri Synod amended the ecclesiastical supervision bylaws of the
Synod for resolving complaints and disputes (Res. 8-01A), including complaints brought against members of a
seminary faculty or administration under Bylaw sections 3.8.2.7.5 and 3.8.2.7.9 (formerly Bylaw sections 6.43 and
6.47 of the 2001 Handbook, pp. 107–110).
Bylaw 3.8.2.7.9 (j) provides that the Board for Pastoral 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 seminaries be developed “that
will set forth in detail a standard manner for carrying out the provisions of [Bylaw 3.8.2.7.9] by any and all boards of
regents of the Synod’s educational institutions, dealing with all cases of complaints arising out of [Bylaw 3.8.2.7.9]
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” (Opinion 05-2431).
B. Purpose
Bylaw 3.8.2.7.9 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 seminaries, 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 3.8.2.7.5.
Questions regarding procedure may be directed to the president of the seminary 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 seminary’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 3.8.2.7.5 and 3.8.2.7.9. 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.

152