LCMS Convention Workbook St. Louis, Missouri — 2023, Page 146

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146

OFFICER, BOARD, AND COMMISSION REPORTS

(b) The consolidated college or university shall, upon approval
of the Commission for University Education and Board of
Directors of the Synod, be regarded as an affiliated college
or university.
3.10.6.7
A college or university’s (“institution’s”) affiliation
with the Synod may, as follows, be terminated either by such
institution’s board of regents or by the Synod, rendering the institution no longer affiliated with the Synod and terminating all
the institution’s rights and obligations under these bylaws, including all requirements related to its governing documents and
board of regents, except that all provisions imposing obligations
on a disaffiliating university shall survive.
(a) The board of regents may, subject to the following process
and by a three-fourths vote, terminate the institution’s affiliation with the Synod.
(1) The board of regents shall, by the vote required for disaffiliation, initiate a period of mutual evaluation with the
Commission for University Education and the Board of
Directors of the Synod.
(2) The board of regents shall supply the Commission and
Board of Directors with a detailed disaffiliation plan indicating reasons for the proposed disaffiliation, proposed
disposition of university assets previously devoted to the
fulfilment of Synod’s objectives and handling of rostered
workers employed by the university and of church work
programs and their students, as well as any additional aspects requested by the Commission and/or Board of Directors.
(3) Delivery of the detailed disaffiliation plan shall initiate
the period of mutual evaluation, to last at least six months,
during which the board of regents shall at least twice meet
jointly with delegations of the Commission and of Board
of Directors to discuss the proposed disaffiliation.
(4) In consultation with the Commission, the Board of Directors shall be empowered to negotiate terms of disaffiliation
with the board of regents, which may include a monetary
payment to the Synod approved by the board of regents, in
view of the Synod’s historical contribution to and ongoing
interest in the affiliated school, to the Synod to be used in
the ongoing pursuit of its educational objectives.
(5) Only upon conclusion of the above and with the approval,
by the Board of Directors of the Synod and effected by
its two-thirds affirmative vote, of the final disaffiliation
plan, may the board of regents vote to execute the final,
approved disaffiliation plan.
(b) The Commission for University Education, upon its written report and finding that an institution is in breach of the
Synod’s requirements for affiliation and upon its determination that all negotiations and admonitions to repair the breach
have failed, or upon the withdrawal of accreditation of such
college or university under Bylaw 3.9.6.4.2 (c), may by a
two-thirds vote recommend to the Board of Directors or Convention of the Synod that the affiliation of the institution with
the Synod be revoked.
(1) Upon such recommendation and with six months’ notice
given to the respective board of regents, either the convention of the Synod by a majority vote or the Board of
Directors of the Synod by a two-thirds vote may terminate
the school’s affiliation with, and any related accreditation
by, the Synod.
2023 Convention Workbook

(c) Upon any disaffiliation, the institution shall take all measures required under the disaffiliation agreement described in
Bylaw 3.10.6.4.2.
And be it further
Resolved, That Bylaw 1.10.2, dealing with the dispute resolution process of the Synod, be amended as follows to provide access
to dispute resolution for colleges and universities affiliated with
the Synod:
PRESENT/PROPOSED WORDING
Purpose
1.10.2
This procedure is established to resolve, in a Godpleasing manner, disputes that involve as parties, (1) members
of the Synod; (2) corporate Synod or an agency of the Synod; (3)
affiliated colleges and universities; (34) members of congregations challenging the procedure used in their excommunications;
(45) auxiliaries and recognized service organizations that have
agreed to address call-related disputes through the dispute resolution system, in regard to such disputes; or (56) members of
congregations of the Synod elected or appointed to positions
with the LCMS Board of Directors or an agency of the Synod.
It shall be the exclusive remedy to resolve such disputes that involve theological, doctrinal, or ecclesiastical issues except those
covered under Bylaw sections 2.14–2.17 and except as provided
in Bylaw 1.10.3, and shall be binding on all parties. It is applicable whether the dispute involves only a difference of opinion
without personal animosity or is one that involves ill will and
sin that requires repentance and forgiveness. No person, congregation, or agency, or affiliate to whom or to which the provisions of this dispute resolution process are applicable because
of their membership in or affiliation with the Synod may render
this procedure inapplicable by terminating that membership or
affiliation during the course of the dispute resolution process.
And be it further
Resolved, That Bylaws 1.5.1.1–3; 1.5.7–1.5.7.1; 1.6.2 (b)(1–2);
1.9.1; 1.9.1.1 (d); 2.11.1 (g); 3.1.4; 3.1.4.2 and its subparagraph (a);
3.1.6.2; 3.3.1.1.1 and its subparagraph (c); and 3.10.5.7.2 (d)(1) be
amended as follows:
PRESENT/PROPOSED WORDING
1.5.1.1
Unless otherwise specified or permitted by the Bylaws,
chief executives and executive directors, faculty, staff, and all
other employees on either the national or district level shall not
be members of the board of the agency or affiliated college or
university under which they serve, nor shall any such executives
or staff be members of the board of any other agency of the
Synod or of an affiliated college or university. For purposes of
this bylaw only, staff shall mean:
(a) Employees, other than faculty, rostered as ministers of religion—ordained or ministers of religion—commissioned,
whether or not serving in such capacity; or
(b) Employees of corporate Synod or, of an agency of Synod, or
of an affiliated college or university, other than faculty, who
are responsible for the development and/or implementation
of policies, goals, and programs; or
(c) Employees of corporate Synod or, of an agency of the Synod,
or of an affiliated college or university who assist chief executives, executive directors and faculty in their work and
are supervised by these individuals directly or through a line
of supervision.