LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 18–20, 2007, Page 7

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2.2

Respondent submits written reply

3.8.3.8.9

…(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.

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When possible, notification and response shall be made in a manner that results in verification of date of
delivery, thereby to provide evidence that notification was received and to verify the date of its receipt.
Notification must make clear to the respondent the end-date of the 21-day period of time and the consequences
of not submitting a written reply to the board of regents and the complainant by that date.
In the event that a party seeks to avoid this process by refusing to sign a delivery receipt, ordinary first class
mail to the last known address and allowance for sufficient time for delivery will suffice.
If the respondent fails to reply, the statements of the complainant, now deemed “accepted,” are retained by the
board of regents for delivery to the Review Committee upon its selection.

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2.3

Board of regents forms Review Committee

3.8.3.8.9

…(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,…

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The Review Committee is not to be formed until such time as the president and board of regents are satisfied
that all efforts to reconcile the matter are exhausted.
So long as the matter at issue is undecided, there shall be no publicity regarding the matter by any party. Any
violation of this rule shall be brought to the attention of the chairman of the Review Committee.

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At this point the process can still be halted by the complainant if informal reconciliation efforts succeed or there
is no wish to pursue the matter. If there is a wish to pursue the matter and statements are prepared and
forwarded, the process must be carried out to completion and a decision by the Review Committee.
The statement of the complainant requires careful preparation, since it will serve as the basis for the proceedings
that may follow, in which case it will be the subject of the complainant’s case and of the response of the
accused.
The statement should be concise, contain factual assertions regarding the issues of the complaint, and, if the
content of Bylaw 3.8.3.8.5 is involved, demonstrate their relevance to the stated causes for removal from office
or position.
The secretary of the board of regents receives the statement on behalf of the board and maintains the official
record of the case.

Formation of Review Committee
3.1

Selections of two committee members by each party

3.8.3.8.9

…(d)…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.

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It is the responsibility of the secretary of the board of regents to notify the parties of their need to select two
members for the Review Committee, one to be a member of the faculty of the institution and the other a
member of its board of regents.
Notifications must make clear the need to respond promptly so that the selection of the Review Committee can
be completed within the allotted time, i.e., within one month of the date of the decision to form the committee.
When possible, notification and response shall be made in a manner that results in verification of date of
delivery, thereby to provide evidence that notification was received and to verify the date of its receipt.

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3.2

Selection of fifth committee member by Secretary of the Synod

3.8.3.8.9

…(d)…(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.

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