LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 13–19, 2007, Page 9

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3.

The Review Committee is not to be formed until such time as the president and board of regents are
satisfied that all efforts to reconcile the matter are exhausted.
So long as the matter at issue is undecided, there shall be no publicity regarding the matter by any
party. Any violation of this rule shall be brought to the attention of the chairman of the Review
Committee.

Formation of Review Committee
3.1

Selections of two committee members by each party

3.8.2.7.9

…(d)…the board of regents shall form a Review Committee of five persons (Matthew 18:16), which shall be
chosen as follows:
(1) Each party shall select one faculty member and one regent.

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It is the responsibility of the secretary of the board of regents to notify the parties of their need to
select two members for the Review Committee, one to be a member of the faculty of the institution
and the other a member of its board of regents.
Notifications must make clear the need to respond promptly so that the selection of the Review
Committee can be completed within the allotted time, i.e., within one month of the date of the decision
to form the committee.
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.

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3.2

Selection of fifth committee member by Secretary of the Synod

3.8.2.7.9

…(d)…(2)The Secretary of the Synod shall select the fifth member by blind draw from the Synod’s roster of
hearing facilitators, who shall serve as chairman.
(3) The selection shall be completed within one month of the date on which the board decides to form
the Review Committee.

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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.

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3.3

Possible limitation on activities of respondent

3.8.2.7.9

…(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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