LCMS Convention Proceedings St. Louis, Missouri — 1992, Sheet 151

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.« from the synodical roster of reconcilers and shall serve

STRUCTURE AND ORGANIZATION

6.47 Procedures for Exercising Board
Supervision H

a. If the Board of Regents receives a complaint
against a member of that institution's faculty or admin-
istration concerning any matter, including those speci-

fied under Bylaw 6.43 c 1-6, it shall direct the.

complainant first to meet face to face with the respondent
in an attempt to resolve the issue (Matt. 18:15). The pres-
ident of the institution shall assist in this attempt. ifthe
president himself is the respondent, the chairman ofthe
board shail act in his stead.

b. If the complainant is of the opinion that such i in-
formal reconciliation efforts have hi iled and he wishes
to pursue the matter, he shall prepare a written state-
ment of the matter in dispute and a written statement
setting forth, in detail, the efforts that have been made
to ieve informal reconciliation and forward such
statements to the Board of Regents and to the respondent.

c. Within 21 days after receipt of the written statement
of the matter in dispute, the respondent shall submit\a
written reply ta the Board of Regents and the complain-
ant. If the respondent fails to reply, the allegations of the
statement of the matter in dispute shall be deemed
accepted.

Ki Upon receipt of a reply from the respondent or|if
no reply is received, and the Board of Regents determings
that all informal reconciliation efforts have failed, the
Board of Regents shall form a Review Committee tee of Fi fiv ve
persons (Matt. 18:16) which shall be chosen as fol 18:

1. Each party shall select one faculty member and
one regent.

2.. The fifth member shall be selected by blind drat

re

as chairman,

3. The selection shall be completed within one month
of the date on which the board decides to form the Review
Committee.

e. If the board decides that the matter is of sucha
nature that the interests of the institution will best be
served, it may limit the activities of the respondent. It

may do 80 by, relieving the respondent of teaching and/ °

or administrative duties pending final resolution of the
conflict. However, contractual obligations of the insti-
tution 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 committce shall notify the
complainant and the respandent, at least 28 days in ad-
vance, of the date, time, and place of the said hearing,

3. If any port of the dispute involves a specific ques-
tion of doctrine or doctrinai 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 ra.
quest for an opinion must be made within four weeks of
the finol 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

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Committee shall also have the right, at any time, to re-
quest 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 establish the procedure to be followed in the hear-
ing and the relevancy of evidence so that each party shall
be given an opportunity to fully present 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.

5. Within 60 days after completion of the final hear-
ing, the Review Committee shall issue a written decision
which shall state the facts determined by the committee
and the reason 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.

8. However, if the complaint involves conduct under
Bylaw 6.43 ¢ 5-6, the complainant may take the com-
Plaint to the District President, who shall follow the pro-
cedure set forth in Bylaw 2.27.

h. If the committee decides there is a valid complaint
(1) regarding matters under Bylaw.6.43 ¢ 1~4, it may
take whatever action it deems appropriate, including rec-
ommendation for termination of the employment con-
tract, (2) regarding matters under Bylow 6.43 c 5-6, it
must refer the complaint to the District President, who
shall follow the procedure set forth in Bylow 2,27.

i, Al every stage of the above described procedure, all
parties must be furnished copies of all documents filed.

6.49 Ecclesiastica! Supervision

6.49 Ecclesiastical Supervision

A faculty member who is on a roster of the Synod is
under the ecclesiastical supervision of the Synod. In the
event a member is removed from membership in the
Synod pursuant to procedure established in these By-
laws, then that member is also considered removed from
the position held ond shail be terminated forthwith by
the Board of Regents.

' Action: ‘Adopted (10).

* (An amendment calling for deletion of 6.47d was declined.)

To Adopt Revised Procedure
for Selection of Commission
on Constitutional Matters

RESOLUTION 5-04

Overtures 5-22-28B (CW, pp. 244-46)

Wuereas, The selection of the members of the Com-