LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 18–20, 2007, Page 11

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II.

Review Committee Hearing
[Provide location, date, and time of hearing. List names of witnesses if applicable. Briefly describe in general outline
the procedures followed for the hearing(s).]

III. Issue(s) to be Decided
[Describe the complaint(s) at issue. Be as specific as possible.]
IV. Determinations to be Made
A.
B.
V.

What are the facts of the matter and how were they substantiated by relevant evidence and testimony?
What are the facts upon which the Review Committee has based its recommendation to the board of regents?

Decision of the Committee
[State clearly the decision of the committee and the reasons for arriving at the decision.
Suggestions may be offered to the board of regents for actions to be taken.]

VI. Signatures
[The chairman and secretary of the committee shall sign the final decision on behalf of the committee.]
_______________________________
Chairman

_____________________________
Secretary

_______________________________
Date

200. Status of “Visiting Faculty” (07-2491)
In a February 2, 2007 E-mailed letter, a professor of one of the Synod’s educational institutions noted that
some members of the faculty on which he serves are termed “Visiting Faculty” and, because they have
not received “initial level appointments” (Bylaw 3.8.3.8.2), do not enjoy some of the rights that are
granted to faculty members with such appointments.
Question:

For the purposes of Bylaw 3.8.3.8 (b), are these “Visiting Faculty” temporary faculty
members, and therefore ineligible to vote in faculty matters during the time that they do not
hold an initial level appointment? Or to put the question another way, is the university free to
classify faculty members as non-temporary, even if they do not hold an initial level
appointment, or do the bylaws require that they be classified as temporary faculty members
until such time as they receive an initial level appointment? If these faculty members who do
not hold initial level appointment are not considered temporary according to synodical
bylaws, are they eligible to serve on faculty committees that certify church worker students
for the roster of the Synod?

Opinion: Bylaw 3.8.3.8 provides two categories for the faculty of colleges and universities of the Synod,
“the full-time faculty and the part-time faculty.” Paragraph (a) of the bylaw further defines the subcategories to be included under “part time or temporary faculty members” including those who are
distinguished by the prefix or suffix “visiting.” Paragraph (b) makes clear that all such part-time or
temporary faculty members “hold nonvoting membership on the faculty.”
The Commission concludes that the “Visiting Faculty” referred to in the question are therefore referenced
in Bylaw 3.8.3.8 (a) when it speaks of “visiting” with reference to “part-time or temporary faculty
members.” They are therefore to be regarded as such and, according to Bylaw 3.8.3.8 (b), hold nonvoting

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