LCMS Convention Workbook St. Louis, Missouri — 1998, Page 208

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208

HIGHER EDUCATION

63+. e. The Board for Higher Education shall periodically
Teview the institutional policies, programs, and curricula to de-
termine whether they are consistent with the stated objectives
of the Synod’s educational system and its institutions.

gente:

(Rationale: covered in 6.03 b.]

[Rationale: covered in 6.03 j 7 and 10; 6.12b.]
c. Moved to 6.35 above.

6.39 Evangelical Discipline and the Right of Appeal

the-eampus-

(Rationale: Faculty, staff, and student welfare is assigned to
the Board of Regents (6.03 j 3, 8) through the President (6.12
f, i, j).]

®- a. Each Board of Regents, on recommendation of the fee-
ety president, shall adopt a comprehensive policy statement
committing the school to the principles of Christian discipline,
evangelical dealing, and good order governing the students in-
dividually and collectively.

(Rationale: Faculty, staff, and student welfare is assigned to
the Board of Regents through the President (6.12 f, i, j).

@ b. Each student shall be informed regarding the discipli-
nary policy and procedure and under what conditions and to
whom an appeal from a disciplinary decision may be made.
There shall be no right of appeal under the provisions of Bylaw
8.01 ff.

6.41 Controversies among Faculty Members or Other
Employees

Controversies and disagreements among members-efthe
faculty members or other employees (other than those set-ferth
involving matters described in Bylaw 6.43) shall be submitted to
the president of the institution for mediation. If this proves un-
successful, he shall report the matter to the Board of Regents for
arbitration. After hearing the parties the board will render its de-
cision, which shall be final, without the right of appeal under
the provisions of Bylaw 8.01 ff. A record of the proceedings
shall be filed with the Board for Higher Education.

[Rationale: This process needs to include the staff.]

6.43 Removal from Office

a. The Board of Regents may decline to renew the appoint-
ment of a faculty member without permanent tenure or the con-
tract of an employee at the time of the expiration of the term ef

; : : ade of the con-
tract. (See Bylaw 6.23 c.)
(Rationale: This is also true for staff.]

b. No member of the faculty who has been granted perma-
nent tenure and no member of the faculty without permanent
tenure at times other than the expiration of the term of appoint-
ment shall be removed from the faculty either by ecclesiastical
authority or by the Board of Regents except for causes here-
inafter 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 beeause-efphysi-

D D of

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 de-
fined further in Bylaw 1.09 c.

6.44 Termination of Position

a. Positions of nontenured faculty, as well as tenured fac-
ulty, 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.,
modem foreign language) of a college, university, or seminary.

3. Reduction of the size of staff in order to maintain finan-
cial viability in compliance with policies concerning Fiscal Vi-
ability.

(Rationale: The Board for Higher Education maintains a
standing policy statement on institutional fiscal viability, ref-
erenced in current paragraph 4.]

(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 pro-
vided the terminated professor in writing.

c. The opportunity to serve the college, university, or semi-
nary 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 (reduc-
tion 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 pro-
vided 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 shail be final
and binding on the parties involved with no right of further ap-
peal except as set forth in Bylaw 6.47 g.

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 conceming
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 pres-
ident 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 rec-
onciliation 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 reconcilia-
tion 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.