LCMS Convention Proceedings St. Louis, Missouri — 1998, Page 135

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HIGHER EDUCATION
Board of Regents except for causes hereinafter enumerated and by procedures hereinafter described.
c. The only causes for which members of a faculty
may be removed from office (within the definitions of a
and b above), other than honorable retirement, are
1. professional incompetency;
2. incapacity for the performance of duty because of
physical, mental, or emotional disabilities;
3. refusal to cooperate;
4. neglect of or refusal to perform duties of office;
5. conduct unbecoming a Christian;
6. advocacy of false doctrine (Constitution, Art. II)
or failure to honor and uphold the doctrinal position of
the Synod as defined further in Bylaw 1.09 c.
6.44 Termination of Position
a. Positions of nontenured faculty, as well as
tenured faculty, may be terminated by the Board of Regents under certain institutional conditions that do not
reflect on the competency or faithfulness of the individual faculty member whose position is terminated. These
conditions are the following:
1. Discontinuance of an entire program (e.g., social
work, business).
2. Discontinuance of an entire division or department (e.g., modern foreign language) of a college, university, or seminary.
3. Reduction of the size of staff in order to maintain
financial viability in compliance with policies concerning fiscal viability.
[Rationale: The Board for Higher Education maintains a standing policy statement on institutional fiscal
viability, referenced in current paragraph 4.]
4. A state of financial emergency exists as determined by the Criteria for Fiscal Viability standards and
confirmed by a financial analysis and subsequent resolution of the Board for Higher Education.
[Rationale: Incorporated into previous paragraph 3.]
5. 4. Discontinuance, merger, or consolidation of an
entire college, university, or seminary operation.
b. In the event of termination of a faculty position
by the Board of Regents, a minimum of six months advance notice to contracted faculty and 12 months to
tenured faculty must be provided the terminated professor in writing.
c. The opportunity to serve the college, university,
or seminary in another capacity for which the terminated professor has credentials and qualifications shall
be offered the terminated professor if such a vacancy
exists at the time of termination or becomes available
within two academic years.
d. In identifying which specific faculty positions are
to be discontinued or terminated, the Board of Regents
shall follow the guidelines and procedures of that institution’s RIF (reduction in force) policy.
e. A terminated position may not be subsequently
staffed by another person during the next two academic
years without first offering the last previous incumbent
the position at his or her last previous salary plus average annual salary increases provided to that faculty
during the interim.
6.45 Board Supervision
a. The Board of Regents shall have authority to investigate, hear, and act on any complaint arising out of
Bylaw 6.43 c 1–6.
b. Any decision made pursuant to Bylaw 6.47 shall
be final and binding on the parties involved with no right
of further appeal except as set forth in Bylaw 6.47 g.

135
6.47 Procedures for Exercising Board
Supervision
a. If the Board of Regents receives a complaint
against a member of that institution’s faculty or administration concerning any matter, including those
specified 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 president of the institution shall assist in this attempt. If the president himself is the respondent, the
chairman of the board shall act in his stead.
b. If the complainant is of the opinion that such informal reconciliation efforts have failed and there is a
wish to pursue the matter, the complainant shall prepare a written statement of the matter in dispute and a
written statement setting forth, in detail, the efforts
that have been made to achieve 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 to the Board of Regents and the
complainant. If the respondent fails to reply, the allegations of the statement of the matter in dispute shall
be deemed accepted.
d. Upon receipt of a reply from the respondent or if
no reply is received, and the Board of Regents determines that all informal reconciliation efforts have
failed, the Board of Regents shall form a Review Committee of five persons (Matt. 18:16), which shall be chosen as follows:
1. Each party shall select one faculty member and
one regent.
2. The fifth member shall be selected by blind draw
from the synodical roster of reconcilers and shall serve
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 such a
nature that the interests of the institution will best be
served, it may limit the activities of the respondent. It
may do so by relieving the respondent of teaching
and/or administrative duties pending final resolution of
the conflict. 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