LCMS Convention Workbook St. Louis, Missouri — 2013, Page 219

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Seminary and University Education
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.
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 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:

(e)

(f)

(g)

219

(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.
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.
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.
(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 follow the procedures set forth in the
Standard Operating Procedures Manual for this bylaw 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.
If the committee decides there is a valid complaint
(1) regarding matters under Bylaw 3.10.5.6.5 (1)–(4), it

2013 Convention Workbook