LCMS Convention Workbook St. Louis, Missouri — 2001, Page 207

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HIGHER EDUCATION 207

5-07

To Amend Bylaw to Provide Process for Ecclesiastical
Supervision of Synod’s Schools

WHEREAS, Christ our Lord warns us that false prophets will
come who can take many forms, such as pastors, teachers, profes-
sors, administrators, and even institutions; and

Wuereas, It is the Christian’s duty to speak the truth, thereby
revealing false prophets, so that they may be brought under the
condemnation of the Law. thereby allowing true repentance and
restoration of the truth to follow; and

Whereas, Our synodical universtttes should be beacons of the
truth, that ts, examples of orthodoxy tn doctrine and practice for
the whole church; and

WHEREAS, It is an unfortunate reality that even our synodical
universittes can fall prey to the winds of society and become ad-
vocates of false teaching and doctrine; and

WHEREAS, The Synod’s Bylaws contain procedures to deal with
individuals who advocate false doctrine and who do not honor and
uphold the doctrinal position of the Synod (Bylaw 6.47), but do not
contain procedures to address the unfortunate circuinstance in
which a university advocates false doctrine or fails to honor and
uphold the doctrinal position of the Synod and its Board of Regents
fails to correct this error; and

WHEREAS, The Seminex debacle could have been resolved more
effectively and evangelically had there been a process in the By-
laws by which these errors could be resolved; therefore be it

Resolved, That the verbiage currently listed under Bylaw 6.49
Ecclesiastical Supervision be identified as paragraph “a”; and be it
further

Resolved, That the foliowing be added as Bylaw 6.49 Ecclesi-
astical Supervision, paragraph b.

b. In the event a universily of the Synod is alleged to advo-
cate false doctrine (Constitulion, Article II.) or failure to honor
and uphold the doctrinal position of the Synod, the President of
the Synod shall immediately convene a Board of Inquiry as fol-
lows:

|. An allegation may only be considered valid if it is made
by the majorily vote of a Circuit Conference, which considers
“matters of doctrine, exegesis, and practical theology” (Bylaw
5.69), or by District resolution.

2. The Board of Inquiry shall consist of eight (8) members:

a. One professor (or assistant/associate professor) from the
St. Louis seminary and one professor (or assistant/associate pro-
fessor) from the Fort Wayne seminary, each selected by the re-
spective seminary presidents.

b. One ordained member of the Board for Higher Education.
selected by the Board Chairman.

c. One ordained member of the Commission on Theology
and Church Relations, selected by the Commission Chairman.

d. One ordained parish pastor, selected by the President of
the Synod. This pastor cannot be associated in any manner with
the university under inquiry; neither can he belong to the same
District as that of the university.

e. One commissioned teacher, selected by the Chairman ot
the Board for Higher Education. This teacher is not 10 be asso-
ciated in any manner with the university under inquiry; neither
can he belong to the same District as thal of the university.

f. Two laymen at large. selected by the President of the
Synod. These laymen are not to be associated in any manner
with the universily under inquiry. Neither layman can be a
member of the same synodical District, and neither can be a
member of the same District as that of the university.

3. The Board of Inquiry shall conduct its business in a
timely, thorough, and evangelical manner. Should the Board
find evidence to substantiate the allegation of false doctrine or
the failure to honor and uphold the doctrinal position of the
Synod, the Board will then determine the proper remedy, which
the university shall implement immediately. The decisions of
this Board are final and binding on all parties with no right of
further appeal.

4. The Board of Inquiry shall have the power to call any and
all parties to repentance. If repentance is not forthcoming, or if
doctrine and the Synod’s positions cannot be restored, the Board
of Inquiry shall have the power to remove from office any re-
gent, president, administrator, professor, or staff member who
is an obstacle for restoring doctrine and practice. Vacant posi-
tions will be filled according to the procedures identified else-
where in these Bylaws and/or according to university policies.

Our Savior, Muscatine, [A; St. Paul, Luzerne, IA; Faith,
Mt. Pleasant, IA; Redecmer. Marshalltown, JA; St. Paul,
Latimer, JA; St. John, Waverly, [A

5-08

To Restore Pre-1998 Bylaw
re Closure of Colleges and Universities

Rationale

Prior to 1998 the synodical Handbook stated the following re-
garding the closure of educational institutions (3.601 1):

1, have authority, after receiving the consent of two of the three
following bodies: the Board of Directors of The Lutheran
Church—Missouri Synod by its two-thirds vote, the Council of
Presidenis by its two-thirds vote, or the Board of Regents by its
lwo-thirds vote, to expand, consolidate, relocate, change to a ju-
nior-college level, or separate a college from the Synod. In the
case of closure, the Board tor Higher Education shall have au-
thority to act with the consent of the Board of Directors and the
Council of Presidents.

The 1998 convention voted to revise a portion of the Bylaw and
to add the following (1998 Handbook Bylaw 3.409 1):

In the case of the closure of a college, university, or semi-
nary, the approval of a two-thirds majority of the Synod in con-
vention is also required.

This revision removes an important feature of the responsibility
and authority a corporate entity needs or is privileged to exercise in
a situation where some alternative decisions need to be made based
on the policies for financial responsibility and viability.

The proposed revision is a return to the original Bylaw in the
1995 Handbook for a decision process, based on the policies of
governance as established by the BHE/CUS Board for the closure
of an educational institution, when and if the policies of financial
viability should need to be exercised over against a college or uni-
versity (this resolution does not apply to the seminaries).

The convention is asked to adopt the following actions:
1. That Bylaw 3.409 I be revised as noted below.

2. That the Secretary of the Synod be directed to bring the By-
laws into conformity with this resolution.

PRESENF/PROPOSED WORDING

|. have authority, after receiving the consent of two of the three
following bodies: the Board of Directors of The Lutheran
Church—Missouri Synod by its two-thirds vote, the Council of
Presidents by its two-thirds vote, or the Board of Regents by ils
two-thirds vote, to expand, consolidate, relocate, change lo a ju-
nior-college level, or separate a college or universily from the
Synod. In the case of closure of a college or university, the
Board of Higher Education shall have authority lo act with the
consent of the Board of Directors by its two-thirds vote and the
Council of Presidents by its two-thirds vote. In the case of the
closure of a seminary, the approval of a two-thirds majority of
the Synod in convention is also required. dithe-ease-efthe-ele-
hive roneeer" Sem rene OPE ined:
Board for Higher Education/
Concordia University System

2001 Convention Workbook