LCMS Convention Proceedings St. Louis, Missouri — 2004, Page 177

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ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION
g. Within 15 days after receiving the decision of the panel,
the accused may request a final hearing. Such request for a
hearing shall be submitted to the chairman of the Council of
Presidents with copies supplied to the ecclesiastical supervisor ministering to the accuser if applicable, the District President of the accused, the chairman of the Hearing Panel, the
accuser, and the synodical President. A written memorandum
stating the basis for the request shall accompany the request
for a final hearing. Within 30 days after receipt, a Final Hearing Panel shall be selected in the same prescribed manner as
described in Bylaw 2.29 e 1−4, except that the District Presidents that constituted the Referral Panel and the Hearing
Panel or any other involved District President are omitted
from consideration for the Final Hearing Panel. The procedures for the final hearing shall be the same as prescribed in
Bylaw 2.29 e 4−6. The chairman of the Hearing Panel shall
provide the Final Hearing Panel with a written statement of
the matter and the Hearing Panel’s report, minutes, records,
and proceedings.
h. Upon completion of the hearing by the Final Hearing
Panel, the panel shall deliberate and then issue its written
decision within 30 days, a copy of which shall be mailed to
the accused, the involved District President, the accuser,
the ecclesiastical supervisor who initially served as consultant to the accuser, the chairman of the Council of Presidents, and the synodical President. The decision of the
Final Hearing Panel shall:
1. be binding upon the parties and not be subject to further appeal;
2. have no precedential value;
3. be carried out by the District President or the President of the Synod;
4. be publicized as deemed appropriate under the circumstances by the District or synodical President.

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m. Any pending criminal or civil court proceedings permit exceptions to any of the time limits specified in this
Bylaw 2.29 at the discretion of the ecclesiastical supervisor.
[Retain Bylaws 2.31 through 2.45.]

III. Synodical Organization
B. GENERAL PROVISIONS
FOR OFFICERS, BOARDS,
AND COMMISSIONS
3.51 Definitions
PRESENT/PROPOSED WORDING
k.1. Supervision: For the purpose of these Bylaws,
(other than those pertaining to ecclesiastical supervision),: to have authority over, to direct actions, to control activities. The definition of ecclesiastical supervision shall be determined exclusively by those bylaws
pertaining to ecclesiastical supervision.
2. Ecclesiastical supervision: The responsibility primarily of the President and the District Presidents of
the Synod to supervise on behalf of the Synod, the doctrine, life, and administration of its members, officers,
and agencies. Such supervision, subject to the provisions of Synod’s Constitution, Bylaws, and resolutions,
includes visitation, evangelical encouragement and support, care, protection, counsel, advice, admonition, and,
when necessary, appropriate disciplinary measures to
assure that the Constitution, Bylaws, and resolutions
of the Synod are followed and implemented. Thus ecclesiastical supervision is also the presenting, interpreting, and applying of the collective will of Synod’s
congregations. Ecclesiastical supervision does not include the responsibility to observe, monitor, control, or
direct the day-to-day activities of individual members
of the Synod, whether in the conduct of their work or in
their private lives (cf. Bylaw 2.21). Further, those constitutional Articles and Bylaws pertaining to ecclesiastical supervision shall determine the full definition of
ecclesiastical supervision.

i. The ecclesiastical supervisor of the accused and suspended member shall take those steps necessary to attend
to the spiritual needs of all those affected.

VI. COLLEGES, UNIVERSITIES, AND SEMINARIES

j. Since the matter involves individual membership, the
calling or contracting body is encouraged to continue financial support, existing housing, and insurance of individual
members until the final decision is rendered.

[Retain current wording of Bylaws 6.01 through 6.44.]

k. Any member participating in this bylaw procedure
that violates any of the requirements or procedures in this
bylaw or is persistent in false accusations is subject to the
disciplinary measures as set forth in Bylaw 2.26 or Bylaw
2.27. Violations of the prohibition against publicity while a
matter is still undecided or while an appeal is contemplated
or pending (paragraph e 6 above) by any of the persons involved are specifically included as a violation subject to the
same disciplinary measures set forth in Bylaws 2.26 or
2.27.
l. In consultation with the Secretary of the Synod and
with the concurrence of the Council of Presidents, the Commission on Constitutional Matters shall develop and amend
as necessary a Standard Operating Procedures Manual
which will serve as a comprehensive procedures manual for
the bylaw provisions set forth in Bylaw 2.29.

C. FACULTIES

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 6.47g.
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 faceto-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
2004 Convention Proceedings