LCMS Convention Workbook St. Louis, Missouri — 2016, Page 370

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

370

UNIVERSITY EDUCATION
allegations of the statement of the matter in dispute shall be deemed
accepted.

(d) If, after receipt of the respondent’s reply or no reply, the board of regents determines that all informal reconciliation efforts have failed,
it shall (within one month) form a Review Committee of five persons chosen as follows:
(1) The complainant and the respondent shall each select one
faculty member and one regent.
(2) The Secretary of the Synod shall select the fifth member
of the committee by blind draw from the Synod’s roster
of hearing facilitators, who shall serve as chairman of the
committee.
(e) If the board decides that the matter is of such a nature that the interests of the institution will best be served by limiting the activities of
the respondent, it may do so. However, contractual obligations of the
institution 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 committee shall notify the complainant
and the respondent, at least 28 days in advance, of the date,
time, and place of the said hearing.
(3) If any part of the dispute involves a specific question of
doctrine or doctrinal 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 request for an opinion must be made
within four weeks of the final 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 Committee shall also have the right, at any time,
to request 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 follow the
procedures set forth in the Standard Operating Procedures
Manual for this bylaw to be followed in the hearing and shall
establish the relevancy of evidence so that each party shall be
given an opportunity to present fully 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 one of its districts, it shall be represented by its
chairman or a designated member.
(5) Within 60 days after completion of the hearing, the Review
Committee shall issue a written decision which shall state
the facts determined by the committee and the reasons 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.
(g) If the committee decides that there is a valid complaint
(1) regarding matters under Bylaw 3.10.5.6.4 (a)–(c) and (g)–(j),
it may take whatever action it deems appropriate, including
recommendation for termination of the employment contract;

2016 Convention Workbook

(2) regarding matters under Bylaw 3.10.5.6.4 (d)–(f), if the
member of the institution’s faculty or administration is a
member of the Synod, it must also refer the complaint to the
district president, who shall follow the procedure set forth in
Bylaw sections 2.14 or 2.17.
(h) At every stage of the above-described procedure, all parties must be
furnished copies of all documents filed.
(i) Any decision made pursuant to Bylaw 3.6.6.8 shall be final and
binding on the parties involved with no right of further appeal.
(j) In consultation with the Commission on Constitutional Matters, the
Board of Directors of Concordia University System shall maintain a
Standard Operating Procedures Manual to accompany this process,
which shall serve as a comprehensive procedures manual for this
bylaw.

and be it further
Resolved, That Bylaws 3.10.5.6ff governing Concordia University
System faculties administration be amended as follows:
Concordia University System Faculties
3.10.5.6 The faculty of each college or university of the Synod shall
consist of the president, the full-time faculty, and the part-time faculty.
3.10.5.6.1 The Concordia University System Board of Directors
shall maintain in its policies a list of subject matters that Eeach educational institution shall statemust address in its own policies and procedures, related to include faculty appointments, employment contracts,
contract renewal, contract termination, faculty organization, modified
service, and sabbaticals., and dispute resolution within the Concordia
University System’s Standard Operating Procedures Manual for Dispute Resolution.
3.10.5.6.2 Except as otherwise provided in these Bylaws, the board
of regents, on recommendation of the president of the institution, shall
appoint all full-time members of the faculty. The terms and conditions
of every appointment shall be stated in writing and be in the possession
of both the institution and the prospective faculty member before the appointment is consummated. Limitations of academic freedom because
of the religious and confessional nature and aims of the institution shall
be stated in writing at the time of the appointment and conveyed to the
person being appointed. Faculty members, full- and part-time, shall
pledge to perform their duties in harmony with the Holy Scriptures as
the inspired Word of God, the Lutheran Confessions, and the Synod’s
doctrinal statements.
3.10.5.6.3 A formal procedure shall be in place to carry out performance reviews for all faculty on a regular basis.
3.10.5.6.4 Other than honorable retirement, termination of faculty
employment may only be the result of the following:
(a) professional incompetency
(b) incapacity for the performance of duty
(c) insubordination
(d) neglect of or refusal to perform duties of office
(e) conduct unbecoming a Christian
(f) 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)
(g) discontinuance of an entire program (e.g., social work, business)
(h) discontinuance of an entire division or department (e.g., modern foreign language) of a college or university
(i) reduction of the size of staff in order to maintain financial viability
in compliance with policies concerning fiscal viability
(j) discontinuance, merger, or consolidation of an entire college or university operation
3.10.5.6.4.1 A faculty member who is on the 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 es-