LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 13–19, 2007, Page 7

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

3.

Formation of Review Committee
3.1
3.2
3.3

4.

Review Committee Formal Hearing
4.1
4.2
4.3

5.

Selections of two committee members by each party
Selection of fifth committee member by Secretary of the Synod
Possible limitation on activities of respondent

Arrangements for hearing
Opinions from CTCR and CCM
Conduct of hearing

Review Committee Decision
5.1
5.2
5.3

Committee issues decision
Board of regents takes appropriate action
Board of Regents actions are final and binding
V. Detailed Bylaw 3.8.2.7.9 Process

1.

Reception of Complaint
1.1

Board of regents receives complaint

3.8.2.7.9

The board of regents shall have authority to investigate, hear, and act on any complaint arising out of Bylaw
3.8.2.7.5.
(a) If the board of regents receives a complaint against a member of that institution's faculty or administration
concerning any matter, including those specified under Bylaw 3.8.2.7.5,…

•

A complaint may be brought against a member of an institution’s faculty or administration concerning
matters that are not cause for removal from office. Complaints may also pertain to matters that may
result in removal from office, i.e., “(1) professional incompetency including but not limited to the failure to
meet the criteria identified in Bylaw 3.8.2.7.2 (d); (2) incapacity for the performance of duty; (3)
insubordination; (4) neglect of or refusal to perform duties of office; (5) conduct unbecoming a Christian; (6)
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)” (Bylaw 3.8.2.7.5).
Complaints ordinarily are received by the president of the institution except when the president is the
respondent, in which case they are received by the chairman of the institution’s board of regents.
Because of its biblical nature, Christian conflict resolution encourages parties to openly and candidly
admit their offenses. Thus it requires an environment where parties may speak freely without fear that
their words may be used against them later, especially should there be subsequent legal
proceedings. Therefore, all communications that take place shall be regarded as strictly confidential.

•
•

1.2

Complainant directed to have face-to-face meeting

3.8.2.7.9

…(a) If the board of regents receives a complaint against a member of that institution's faculty or
administration concerning any matter, including those specified under Bylaw 3.8.2.7.5, it shall direct the
complainant first to meet face to face with the respondent in an attempt to resolve the issue (Matthew 18:15).

•

The board of regents must develop a procedure to exercise its responsibilities without delay as soon
as a complaint is submitted.
An informal attempt to resolve the complaint that includes a face-to-face meeting of the complainant
and the respondent precedes further formal measures.
Although the complainant and respondent will likely have communicated before this time, perhaps
even face-to-face, they are to be directed to meet to attempt to resolve the issue between them.
This private face-to-face meeting should reflect a spirit of repentance and forgiveness on the part of
both parties.
The complainant may at any time during this stage of the process withdraw his complaint, provided
such withdrawal is in writing with copies provided to the president, the board of regents, and the
respondent.

•
•
•
•

156