LCMS Convention Workbook St. Louis, Missouri — 2004, Page 296

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296

ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION

from the Synod under Article XIII, a clear statern the offi-
cial charges to be brought against the member on the basis of
fi vidence and evi i mt from t re id
the Confessions, an ummary of the failed efforts the com-

plainant has taken informally and privately to lead the respon-

t ntan: reconciliation (Matthew 18:15—

d. When, either by a formal written complaint of any person
or by his own personal knowledge, facts which could lead to the
expulsion of a member from the Synod under Article XIII of the
Constitution are made known to the District President who has
ecclesiastical supervision of such member, the District President
shall

1. thoroughly investigate whether the allegations can be
substantiated (see _] Tim, 5:19). If the District President
1 f these allegati is own personal knowl
then the District President shall present to the respondent a

written complaint that shall incl 1-
ements listed in 2.27 c. In the event the District President is
disqualified because he is a party to the matter in dispute,
has a conflict of interest, or is unable to act, the First Vice-
President or the next qualified District officer to function in
this instance shall act in the place of the District President.
Any challenge to the eligibility of the District President to
act, which is not agreed to by the District President, shall be
determined by the Preestdtum-ef-the-Syned the President
and Vice-Presidents of the Synod.

2. direct the complainant to meet face to face with the

respondent, in the company of the District President or an
District reconciler, in another attem ve thi

issue according to the Lord’s mandate in Matt. 18:15-16.

3, follow -guidelines-of Matt +8+45-46-and- appoint a
small committee to assist in reconciliation efforts, if needed.

e. Within 90 days of receiving the formal written complaint,

the District President must render a judgmen I
tions and write a formal le: he complainant and respon-
tates his judgment, If istrict ident determine:
he _allegatior stanti will inform the

f. If the District President concludes that the allegations and
facts form a basis for expulsion of the member under Article
XIII of the Constitution, the District President shall:

1, prepare a written statement of the matter in dispute
which sets forth the alleged facts and states that he is re-
questing expulsion of the member from the Synod in accord
with Article XIII of the Constitution.

2. provide the member with..

(The contents of Bylaw 2.27 c2a through 2.27 f remain un-
changed.)

g..Because the President of the Synod has ecclesiastical su-
pervision of all District Presidents, the President of the Synod
shall proceed as follows #-the-seme-fashien-es-e-Distriet-Presi-
dent if he receives a formal written complaint relative to a Dis-
trict President:

1. Th nod i ints shall
oughly investi wh llegations ti
As a part of this ines the Synod President or his ap-

in 1 follow Mati = :19, and seek
to resolve the issue b workin r with the District Presi-
ent’s B of Directors he other Distri idents of the
Synod.

2. Within 90 days of receiving the formal written complaint,
tl nod President must render a judgment ut the allega-
tions and wri ‘ormal | the complainan' respon-

nt that states his judgment. If the Synod President determines
h ions i will i th

complainant and the respondent that the matter i inated. If
President concl hat the facts fe is for ex-

ulsion of the member under Article XIII of the Constitution
President shal i same fashion Di
re set forth in 2.27 f above. In

President and follow the pr.

II. Bylaw 6.47

a. If the Board of Regents receives a formal written com-
plaint against a member of that institution’s faculty or adminis-
tration concerning any matter, including those specified under

Bylaw 6.43 c 1-6, it shall determine if the facts warr: ffi-
ial investigation into th lai rmal, wri -
for th i at could Ie m rs i val from
offi a law 6.4 le

be brought against the member on the basis of evidential sup-
the fail forts th complail ni n info)

vately to lead the respondent to repentance and reconciliation
(Matthew 18:15—16).

b. Within 90 days of receiving the formal written complaint,

he B f Regents shall render its judgment Ie-

gations cannot be substantiated. it shall conclude that the matter

inform h -

ber of the institution. Th i igi

f Regents concli th
cts fe is for the member’ val fr
f Ri hall so inf lain id the mem-
ber of the institution (the respondent) in writing. This letter will
inform the respondent of the Board’s understanding of the mat-
ter in dispute.

d. Within 21 days after receipt of the letter from the Board of
Regents, 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.

e. 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
act as follows:

LIf the complaint involves conduct under Bylaw 6.43 c

5-6, then the Board of Regents shall submit the complaint

to the District President, who shall follow the procedure set

forth in Bylaw 2.27 d-f.

2. If the complaint involves causes under 6,43 ¢ 1-4,
then the Board of Regents shall form a Review Committee
of five persons (Matt. 18:16), which shall be chosen as fol-
lows:

a) Each party shall select one faculty member and
one regent. :

b) The fifth member shall be selected by blind draw
from the synodical roster of reconcilers and shall serve
as chairman.

c) The selection shall be completed within one
month of the date on which the board decides to form
the Review Committee.

f. 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.

g. The Review and Adjudication Committee shall proceed
as follows:

(The process remains the same as current 6.47 f 1-5)

h. If the committee decides there is a valid complaint 44 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)-regerding-metters
ander-Bylew-6-43-0-5-6--+t-must-refer-the-eompleintte-the-Dis-

Northwest District