LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 18–20, 2007, Page 10

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5.2

It is the responsibility of the Review Committee to make a final recommendation regarding the validity of the
complaint to the board of regents within 60 days of the hearing. The decision shall be by majority vote and shall
be communicated in writing following the outline provided in Appendix A of this manual and shall be signed by
the chairman and secretary of the committee.
In the event that a majority decision cannot be reached, a new panel shall be formed immediately and the matter
reheard.
If the parties have settled their dispute during the course of the committee hearing or prior to the rendering of a
decision, the committee may set forth the terms of the agreed-upon settlement in its decision.
If the Review Committee determines that there is a valid complaint regarding matters under Bylaw 3.8.3.8.5, it
may make recommendations to the board of regents for actions it deems appropriate, distinguishing between items
(1-4) and (5-6).
The decision of the Review Committee shall be provided to the complainant and respondent. It shall also be
provided to the board of regents, which alone has the authority to take any appropriate action.
Board of regents takes appropriate action

3.8.3.8.9 …(g) If the committee decides there is a valid complaint:
(1) Regarding matters under Bylaw 3.8.3.8.5, 1-4, it may take whatever action it deems appropriate,
including recommendation for termination of the employment contract.
(2) Regarding matters under Bylaw 3.8.3.8.5, 5-6, if the member of the institution’s faculty or administration
is a member of the Synod, it must also refer the complaint to the district president, who shall follow the
procedure set forth in Bylaw sections 2.14 or 2.17.
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5.3

If the Review Committee determines that there is a valid complaint regarding matters other than those under
Bylaw 3.8.3.8.5, the board of regents is responsible for determining appropriate actions to be taken to resolve the
matter.
If the Review Committee determines that there is a valid complaint regarding matters under Bylaw 3.8.3.8.5, the
board of regents must distinguish between complaints under items (1-4) and (5-6) and follow the provisions of
paragraph (g) of Bylaw 3.8.3.8.9.
Board of regents actions are final and binding

3.8.3.8.9 …(f)…(5) The board of regents shall then take appropriate action, which shall be final.
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The action(s) which the board of regents takes shall be regarded as final and binding without opportunity for
appeal.
If and when a faculty, administrative, or professional staff member is dismissed for conduct described in Bylaw
3.8.3.8.5, the president of the institution shall take steps to bring healing to the institutional community.
All records of the proceedings shall be obtained by the chairman of the Review Committee from the committee’s
secretary and provided to the president of the institution for confidential storage.
The president of the institution shall assume responsibility for fostering the reestablishment of a positive
relationship between the complainant and respondent.
VI. Appendix A: Review Committee Decision Report
Outline of Decision of the Review Committee

I.

Names of Parties
Complainant: _______________________________________________
Respondent:

_______________________________________________

Review Committee:

________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________

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