LCMS Convention Workbook St. Louis, Missouri — 1983, Page 212

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212

STRUCTURE AND CONSTITUTION

g. If the accused fails to answer the statement of
the charges or declares that he desires no hearing to
be held, the hearings committee shall consider
whether the grounds stated constitute adequate cause
for dismissal, and in its discretion may independently
investigate the truth of the charges.

h. Ifa hearing is held it shall be private unless the
accused requests a public hearing. However, the
president or his representative, andthecomplainant,
the accused, and their advisers shall have the right to
be present at the hearing at all times. Opportunity for
cross examination and for presenting testimony by
competent witnesses shall be afforded.

i. The hearings committee shall forward its find-
ings to the complainant, to the accused, to the
president, and to the Board of Regents.

j. After the findings of the hearings committee
have been conveyed to the Board of Regents, the
board, after hearing whatever additional witnesses it
may desire to hear and considering all pertinent
evidence, including, if it is a theolgical issue, the
opinion of the Commission on Theology and Church
Relations, shall render a decision. This decision shall
in no case be rendered without having given the
accused a personal hearing, with right of counsel,
and with adequate opportunity for the preparation of
a response to the charge, as well as having given an
opportunity for the complainant with right of counsel
to appear before the Board of Regents.

k. If the decision of the Board of Regents is that
the accused is to be removed from the faculty, the
Board of Regents shall formally, in writing, notify
the accused that his appointment to the faculty is
being terminated and shall specify the effective date
of the termination.

1. Ifthe charge sustained against the individual is
of such a nature that it could disqualify him from
further membership in the Synod under Article XIII,
the District President of the accused shall be so
notified and a transcript of the proceeding shall be
forwarded to the District President. The District
President shall then proceed in the manner prescribed
in the Constitution and Bylaws.

m. Ifa faculty member has lost his membership in
the Synod through the ecclesiastical route (Bylaw
6.49), he shall automatically forfeit his membership
on the faculty after the appeals procedure has been
applied or after he has failed to file an appeal within
90 days. During the 90-day period and during the
appeals procedure, if an appeal is made, the Board of
Regents shall suspend him from teaching activity but

shall continue to meet its contractual obligations.

6.49 Ecclesiastical Supervision

A faculty member who is a clergy or teacher
member of the Synod is under the ecclesiastical
supervision of the Synod. In cases in which such a
faculty member is charged with false doctrine or
conduct unbecoming a Christian and in which the
complainant finds unacceptable the decision of the
Board of Regents not to pursue the charge, he may be
dealt with by the District President or the synodical
President and be removed from membership in the
Synod and therefore from office in harmony with the
provision of the Constitution and Bylaws of the
Synod (e.g., Constitution Articles III, 8-9; VI; XI, B;
XII, 6-9; XIII; Bylaws 1.15, 1.19, 2.101, 3.73, 3.77, 6.47
c, chapter VIII). The written decisions of the Commis-
sion on Adjudication and the Commission on Appeals
required under Bylaw 8.37, including the finding of
fact, the conclusions, and the reasons for such
conclusions, shall be conveyed in writing to the
Board of Regents of the faculty member involved.

g. If the accused fails to answer the statement of
charges or declares that he desires no hearing to be
held, the hearings committee shall consider whether
the grounds stated constitute adequate cause for
removal from office and in its discretion may
independently investigate the truth of the charge.

h. If a hearing is held, each party shall have the
right to select not more than two advisers (cf. Bylaw
8.51 j). The hearing shall be private. However, the
president or his representative and the complainant,
the accused, and their advisers, shall have the right
to be present at the hearing at all times. Opportunity
for cross-examination and for presenting testimony
by competent witnesses shall be afforded.

i. The hearings committee shall forward its find-
ings to the complainant, the accused, the president,
and the Board of Regents.

j. After the findings of the hearings committee
have been conveyed to the Board of Regents, the
board, after hearing whatever additional witnesses it
may desire to hear and considering all pertinent
evidence, including, if it is a theological issue, the
opinion of the Commission on Theology and Church
Relations, shall render a decision. The decision shall
in no case be rendered without having given the
complainant and the accused an opportunity to
appear before the Board of Regents.

k. If the decision of the Board of Regents is that
the accused is to be removed from the faculty, the
Board of Regents shall notify the accused in writing
that his appointment to the faculty is being termi-
nated and shall specify the effective date of the
termination.

1. Ifthe charge sustained against the individual is
of such a natuze that it could disqualify him from
further membership in the Synod under Article XIII,
the District President of the accused shall be so
notified and a transcript of the proceeding shall be
forwarded to the District President. The District
President shall then proceed in the manner prescribed
in the Constitution and Bylaws.

m. Ifthe faculty member has lost his membership
in the Synod through the ecclesiastical route (Bylaw
6.49), he shall automatically forfeit his membership
on the faculty after the appeals procedure has been
applied or after he has failed to file an intent to appeal
within 30 days and the appeal itself within a second
30-day period. During the period allowed for appeal
and during the appeals procedure, if an appeal is
made, the Board of Regents shall suspend him from
teaching activity but shall continue to meet its con-
tractual obligations.

n. Bylaw 8.51 m shall apply also to these proce-
dures.

6.49 Ecclesiastical Supervision

A faculty member who is on a roster of the Synod
is under the ecclesiastical supervision of the Synod.
In cases in which such a faculty member is charged
with false doctrine or conduct unbecoming a Chris-
tian and in which the complainant finds unaccept-
able the decision of the Board of Regents not to pursue
the charge, he may be dealt with by the District
President or the synodical President and be removed
from membership in the Synod and therefore from
office in harmony with the provision of the Constitu-
tion and Bylaws of the Synod (e.g., Constitution,
Articles III, 8-9; VI; XI, B; XII, 6-9; XIII; Bylaws 1.15,
1.19, 2.101, 3.73, 3.77, 6.47 c, chapter VIID. The written
decisions of the Commission on Adjudication andthe
Commission on Appeals required under Bylaw 8.67,
including the finding of fact, the conclusions, andthe
reasons for such conclusions, shall be conveyed in
writing to the Board of Regents of the faculty member
involved.