LCMS Convention Workbook St. Louis, Missouri — 2013, Page 221

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Seminary and University Education
5-11

To Revise Bylaw 3.10.5.6, College and University
Faculties
Rationale
The boards of regents are responsible for faculty matters. Much
of what is specified in the Bylaws no longer is relevant at the Synod
level and needs to be removed so that the regents can govern more
effectively.
1. The regional accreditation commissions require that institutions
have the authority to set policies governing the faculty and academic
matters. All of the institutions have faculty and academic policy
manuals in place.
2. The level of detail in this section does not serve any useful purpose.
In fact, due to differing institutional terminology and procedures, it
is confusing.
3. Faculty employment matters are governed by state laws, and are
best handled by a board of regents in consultation with its own legal
counsel.
4. If a faculty member takes legal action against a college or university,
the Synod is exposed to potential legal action because the LCMS
Handbook dictates the details of faculty policies.

Therefore, be it
Resolved, That the Concordia University System maintain in its
policies a list of subject matters that each institution will address in
its own faculty policies, and that each college and university board
of regents ensure that its institutional handbooks set appropriate policies regarding faculty matters; and be it further
Resolved, That Bylaw 3.10.5.6 be amended as follows:
College and University Faculties
3.10.5.6 The faculty of each college or university of the Synod shall
consist of the president, the full-time faculty, and the part-time faculty.
3.10.5.6.1 Each educational institution shall state policies and procedures related to faculty appointments, employment contracts, contract
renewal, contract termination, faculty organization, modified service,
sabbaticals, and dispute resolution within Concordia University System
guidelines.
3.10.5.6.2 Except as otherwise provided in these bylaws, The board
of regents on recommendation of the president of the institution shall
appoint all full-time members of the faculty. All initial appointments
to college/university theology faculties shall require the prior approval
of the Board of Directors of Concordia University System. The terms
and conditions of every appointment shall be stated in writing and be in
the possession of both the institution and the prospective faculty member before the appointment is consummated. Limitations of academic
freedom because of the religious and confessional nature and aims of
the institution shall be stated in writing at the time of the appointment
and conveyed to the person being appointed. Faculty members, full- and
part-time, shall pledge to perform their duties in harmony with the Holy
Scriptures as the inspired Word of God, the Lutheran Confessions, and
the Synod’s doctrinal statements. [Note in this paragraph significant
differences from the overture submitted by the CUS Board of Directors.]
3.10.5.6.3 A formal procedure shall be in place to carry out performance reviews for all faculty members on a regular basis.
3.10.5.6.4 Other than honorable retirement, termination of faculty
employment may be the result of the following:
(a) 	 Professional incompetency
(b) 	 Incapacity for the performance of duty
(c) 	 Insubordination
(d) 	 Neglect of or refusal to perform duties of office
(e) 	 Conduct unbecoming a Christian

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(f) 	 Advocacy of false doctrine (Constitution, Art. II) or
failure to honor and uphold the doctrinal position of the
Synod as defined further in Bylaw 1.6.2 (b)
(g) 	 Discontinuance of an entire program (e.g., social work,
business)
(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
(j) 	 Discontinuance, merger, or consolidation of an entire
college or university operation
3.10.5.6.4.1 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.

Concordia University Irvine
5-12

To Restore Historic Right of Prior Approval
of Initial Theological Faculty Appointments
by CUS Board of Directors
Whereas, The board of directors of the Concordia University
System, which also served as the Board for University Education (a
program board which was formerly known as the Board for Higher
Education) since its formation in 1938 had been entrusted with prior
approval of the initial appointments of faculty to the theological
departments of the Concordia colleges and universities; and
Whereas, Prior to 2010, the LCMS Handbook contained the following statement:
3.8.3.4 In keeping with the objectives of the Constitution, Bylaws,
and resolutions of the Synod, the Board for University Education shall
… (f) grant approval for initial appointments of theological faculty;

and
Whereas, As a result of restructuring mandated by the 2010
LCMS convention, the Board for University Education was discontinued as a program board but the Concordia University System
remained as a synodwide corporate entity that continued to have an
elected board of directors; and
Whereas, Bylaw 3.6.6.1 provides:
The Board of Directors of Concordia University System has authority with respect to the Synod’s colleges and universities. It shall have the
overall responsibility to provide for the education of pre-seminary students, ministers of religion—commissioned, other professional church
workers of the Synod, and others desiring a Christian liberal arts education by coordinating the activities of the Synod’s colleges and universities as a unified system of the Synod through their respective boards of
regents;

and
Whereas, Upon recodification of the bylaws in the 2010
Handbook, the language of Bylaw 3.8.3.4 (f) was not included in the
duties of the board of directors of Concordia University System in
Bylaw 3.6.6.5, but instead the following language was carried over
and included in Bylaw 3.10.5.6.3:
The board of regents on recommendation of the president of the institution shall appoint all full-time members of the faculty. The Board of
Directors of the Concordia University System shall require certification

2013 Convention Workbook