LCMS Convention Workbook St. Louis, Missouri — 1998, Page 209

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HIGHER EDUCATION

d. Upon receipt of a reply from the respondent or if no reply
is received, and the Board of Regents determines that all infor-
mal 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 re-
gent.

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 re-
spondent 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 com-
plainant 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 in-
terpretation, 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 forma-
tion 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 Rela-
tions 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 hearing and the relevancy of ev-
idence 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 its Districts, it shall be represented
by its chairman or a designated member.

5. Within 60 days after completion of the final 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 ac-
tion, which shall be final.

g. However, if the complaint involves conduct under Bylaw
6.43 c 5 and 6, the complainant may take the complaint to the
District President, who shall follow the procedure set forth in
Bylaw 2.27.

h. If the committee decides there is a valid complaint (1) re-
garding matters under Bylaw 6.43 c 1-4. it may take whatever
action it deems appropriate, including recommendation for ter-
mination of the employment contract, (2) regarding matters
under Bylaw 6.43 ¢ 5-6, it must refer the complaint to the Dis-
trict President, who shall follow the procedure set forth in Bylaw
2.27.

i. Atevery stage of the above-described procedure, all par-
ties must be furnished copies of all documents filed.

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 mem-

209

ber is removed from membership in the Synod pursuant to pro-
cedure established in these Bylaws, then that member is also
considered removed from the position held and shall be termi-
nated forthwith by the Board of Regents.

6.53 Modified Service and Retirement

(Rationale: This is considered “age discrimination” under
the 1986 amendments to the “Age Discrimination in Educa-
tion Act.” No other synodical official has an age limit.]

&- [Moved to 6.16. “Nonrenewal Procedure”]

e: a. Faculty members may request early retirement under
the applicable provisions of the Concordia Retirement Plan.
Upon retirement, faculty members who are ordained or com-
missioned ministers of religion are retained on the appropriate
roster of the Synod on the basis of Bylaw 2.17, emeritus, and
may, by action of the Board of Regents, be retained on the roster

of their qaculy 3 as “emeriti” Bylaw 6 6. 27 76). Feowliyemerttt shalt

[Rationale: Contracts are covered under paragraph b below.
The age 75 limit is not permitted under Federal law.]
& b. Service loads and the conditions of service besveer-Fe-
after retirement shall be determined by the
Board of Regents.
{Rationale: The age 75 limit is not permitted under Federal
law.]

[{Rationale: This policy function is already covered by Board
of Regents responsibility 6.03 j 3]

(Rationale: This is covered by the policy activities described
in 6.03 j 3]

6.57 Sabbatical Leave and Leave of Absence

Each institution shall state policies regarding sabbaticals
for faculty and leave of absence procedures for all employees
within Board for Higher Education guidelines.

(Rationale: The Board of Regents is responsible for faculty
welfare (6.03 j 3), and responsible for detailed policies.]

D. Finances

6.61 Uniform Accounting Methods
The Board for Higher Education shall, #reenseketion-with

Syned-and on the basis of reasonable and generally accepted ed-