LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 18–20, 2007, Page 8

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3.3

Possible limitation on activities of respondent

3.8.3.8.9

…(e) 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.

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Notification of limitations on teaching and/or administrative duties must be specific and in writing. While the
respondent’s service may be placed on hold, the institution shall honor its obligations to the respondent.
While a limitation on duties is in place, the president (or chairman of the board of regents when appropriate)
continues to work with the respondent directly or through others, concerns himself with the spiritual well-being
of the respondent, and continues to resolve the matters that have resulted in limitations on duties.

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4.

It is the responsibility of the secretary of the board of regents to notify the Secretary of the Synod of the need
for him to select by blind draw from the Synod’s roster of hearing facilitators a fifth member of the Review
Committee to serve as chairman.
The secretary of the board of regents shall notify the board of regents, the complainant, and the respondent of
the members of the Review Committee when the selection of the committee has been completed.
Copies of all documents pertaining to the case shall be provided to the members of the committee by the
secretary of the board of regents.
Parties shall not communicate with members of the Review Committee after the committee is in place, except
with the chairman of the committee to determine the time and place of a hearing.
The standard for disqualification of any Review Committee member shall be actual partiality or the appearance
thereof. Any committee member may disqualify him/herself from service. Circumstances that are thought to or
are likely to affect performance of duties and the outcome of the process shall be disclosed to the chairman of
the committee. If the chairman disqualifies him/herself, the Secretary of the Synod shall select another
facilitator to serve as chairman. The complainant or respondent may challenge the eligibility of a member of the
Review Committee, in which case the committee shall review the challenge and make a determination. In the
event of the disqualification of a Review Committee member, another member shall be selected in his/her place.
If a Review Committee member withdraws or is unable to serve after the Review Committee has been
established, the remaining members of the committee shall continue without filling the vacancy.

Review Committee Formal Hearing
4.1

Arrangements for hearing

3.8.3.8.9

…(f) 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.

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The Review Committee shall meet initially via conference call arranged by the hearing facilitator, who serves as
chairman of the committee. The purpose of the meeting will be to select a secretary, to make certain that all
members have received necessary documentation, and to make the chairman aware of special needs and
considerations.
The preference and convenience of the parties shall be taken into consideration in determining the time and
place of hearings. The chairman of the Review Committee shall contact the parties to discuss possible dates and
shall set the time and place of the hearing.
The committee chairman shall notify the parties and the members of the committee at least 28 days in advance
of the hearing. Parties are responsible for notifying their own witnesses.
No party nor anyone on a party’s behalf shall either directly or indirectly communicate with the Review
Committee without the full knowledge of the other party. All other communications shall take place only in the
presence of the Review Committee. Copies of all printed documents and other materials submitted to the
Review Committee shall also be provided to the other party.

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4.2

Opinions from the CTCR and CCM

3.8.3.8.9 …(f)… (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

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