LCMS Convention Proceedings St. Louis, Missouri — 2004, Page 178

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

178

RESOLUTIONS

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 Secretary of the Synod shall select the fifth member shall be selected by blind draw from the synodical roster of reconcilers hearing facilitators, and who 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 opinion received must be followed by the Review Committee.
2004 Convention Proceedings

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 follow the procedures set forth in the Standard Operating Procedures Manual for Chapter VI to be
followed in the hearing and shall establish the relevancy of
evidence 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 action, which shall be final.
g. However, if the complaint involves conduct under
Bylaw 6.43c 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.g. If the committee decides there is a valid complaint
(1) regarding matters under Bylaw 6.43 c 1−6, it may take
whatever action it deems appropriate, including recommendation for termination of the employment contract; (2)
regarding matters under Bylaw 6.43 c 5–6, if the member of
the institution’s faculty or administration is a member of
the Synod, it must also refer the complaint to the District
President, who shall follow the procedure set forth in Bylaws 2.27 2.26 or 2.29.
ih. At every stage of the above-described procedure, all
parties must be furnished copies of all documents filed.
i. In consultation with the Commission on Constitutional Matters, the Board for Higher Education shall develop and amend, as necessary, a Standard Operating Procedures Manual which will serve as a comprehensive
procedures manual for this bylaw.
VIII. SYNODICAL DISPUTE
RESOLUTION
Preamble
When disputes, disagreements, or offenses arise among
members of the body of Christ, it is a matter of grave concern for the whole church. Conflicts which occur in the body
should be resolved promptly (Matt. 5:23–24; Eph. 4:26–27).
Parties are urged by the mercies of God to proceed with one
another with “the same attitude that was in Christ Jesus”
(Phil. 2:5). In so doing, individuals, congregations, and various entities and agencies within the Synod are urged to reject a “win-lose” attitude that typifies secular conflict. For
the sake of the Gospel, the church should spare no resource
in providing assistance.
The Holy Scriptures (1 Cor. 6:1–7) urge Christians to
settle their differences by laying them before the “members
of the brotherhood.” Therefore, the Synod in the spirit of
1 Corinthians 6 calls upon all parties to a disagreement, accusation, controversy, or disciplinary action to rely exclu-