LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 13–19, 2007, Page 8

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1.3

Complainant receives assistance from president or chairman of the board

3.8.2.7.9… (a)…(1) The president of the institution shall assist in this attempt.
(2) If the president himself is the respondent, the chairman of the board shall act in his stead.
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A face-to-face meeting of the complainant with the respondent is a primary interest of this process in
order to serve its ultimate interest, i.e., reconciliation, repentance, and forgiveness.
The president of the institution is required to assist in the attempt of the complainant to have a
meaningful and fruitful meeting with the respondent.
In the event that the president is the respondent, the chairman of the board has the responsibility for
assisting in this attempt to have a meaningful and fruitful meeting.
This is a fitting time for the president or chairman of the board to supply a copy of this Standard
Operating Procedures Manual to the complainant and respondent.
Unwillingness on the part of the complainant to participate in a face-to-face meeting halts the
process. Unwillingness on the part of the respondent becomes a matter of record as the process
proceeds.

2. Request for Formal Process
2.1

Complainant prepares written statements

3.8.2.7.9

…(b) If the complainant is of the opinion that such informal reconciliation efforts have failed and there is a
wish to pursue the matter, the complainant shall prepare a written statement of the matter in dispute and a
written statement setting forth, in detail, the efforts that have been made to achieve informal reconciliation and
forward such statements to the board of regents and to the respondent.

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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 3.8.2.7.5 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.

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2.2

Respondent submits written reply

3.8.2.7.9

…(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

3.8.2.7.9

…(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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