LCMS Convention Proceedings St. Louis, Missouri — 2013, Page 148

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(h) discontinuance of an entire division or department (e.g., modern foreign language) of a college or
university;
(i) reduction of the size of staff in order to maintain
financial viability in compliance with policies concerning fiscal viability; and
(j) discontinuance, merger, or consolidation of an
entire college or university operation.
3.10.5.6.6 The board of regents may decline to renew the
appointment of a faculty member during an initial-level-appointment period without a formal
statement of cause.
3.10.5.6.6.1
No member of the faculty on a continuing-level
appointment or on an initial-level appointment except
at the expiration of the term of appointment shall
be removed from the faculty either by ecclesiastical
authority or by the board of regents except for cause.
3.10.5.6.7 Positions of initial-level appointment as well as continuing-level appointment faculty may be terminated
by the board of regents under certain institutional
conditions that do not reflect on the competency or
faithfulness of the individual faculty member whose
position is terminated. These conditions are the following: (1) discontinuance of an entire program (e.g.,
social work, business); (2) discontinuance of an entire
division or department (e.g., modern foreign language)
of a college or university; (3) reduction of the size of
staff in order to maintain financial viability in compliance with policies concerning fiscal viability; and (4)
discontinuance, merger, or consolidation of an entire
college or university operation.
(a) In the event of termination of a faculty position
by the board of regents, a minimum of six months
advance notice to initial-level-appointment faculty and
12 months advance notice to continuing-level-appointment faculty must be provided the terminated faculty
member in writing.
(b) The opportunity to serve the college or university
in another capacity for which the terminated faculty member has credentials and qualifications shall
be offered the terminated faculty member if such a
vacancy exists at the time of termination or becomes
available within two academic years.
(c) In identifying which specific faculty positions are
to be discontinued or terminated, the board of regents
shall follow the guidelines and procedures of that institution’s reduction-in-force policy.
(d) A terminated position may not be filled subsequently by another person during the next two
academic years without first offering the last previous
incumbent who held the position with continuing-level
appointment status the position at his or her last previous salary plus average annual salary increases
provided to that faculty during the interim.

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2 0 1 3 C o n v e n t io n P r o c e e d i n g s

3.10.5.6.84.1 A faculty member who is on a roster of the Synod
is under the ecclesiastical supervision of the Synod. In
the event a member is removed from membership in
the Synod pursuant to procedure established in these
bylaws, then that member is also considered removed
from the position held and shall be terminated forthwith by the board of regents.
3.10.5.6.4.2
An appeal process following Concordia University System dispute resolution guidelines Standard
Operating Procedure Manual for Dispute Resolution
shall be in place for use by faculty members who wish
to challenge a termination decision.
3.10.5.6.9
The board of regents shall have authority to
investigate, hear, and act on any complaint arising out
of Bylaw 3.10.5.6.5.
(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 3.10.5.6.5, it shall direct the complainant
first to meet face-to-face with the respondent in an
attempt to resolve the issue (in the manner described
in Matthew 18:15).
(1) The president of the institution shall assist in
this attempt.
(2) 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 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 (Matthew 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 by blind draw from the Synod’s roster of
hearing facilitators, 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.
R e s olu t i on s