LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 13–19, 2007, Page 10

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4.

Notification of limitations on teaching and/or administrative duties must be specific and in writing.
While the respondent’s service may be placed on hold, the institution shall honor its obligations to the
respondent.
While a limitation on duties is in place, the president (or chairman of the board of regents when
appropriate) continues to work with the respondent directly or through others, concerns himself with
the spiritual well-being of the respondent, and continues to resolve the matters that have resulted in
limitations on duties.

Review Committee Formal Hearing
4.1

Arrangements for hearing

3.8.2.7.9

…(f) The Review Committee shall proceed as follows:
(1) The committee shall hold its first hearing no later than 60 days after the last committee member has
been appointed.
(2) The chairman of the committee shall notify the complainant and the respondent, at least 28 days in
advance, of the date, time, and place of the said hearing.

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The Review Committee shall meet initially via conference call arranged by the hearing facilitator, who
serves as chairman of the committee. The purpose of the meeting will be to select a secretary, to
make certain that all members have received necessary documentation, and to make the chairman
aware of special needs and considerations.
The preference and convenience of the parties shall be taken into consideration in determining the
time and place of hearings. The chairman of the Review Committee shall contact the parties to
discuss possible dates and shall set the time and place of the hearing.
The committee chairman shall notify the parties and the members of the committee at least 28 days
in advance of the hearing. Parties are responsible for notifying their own witnesses.
No party nor anyone on a party’s behalf shall either directly or indirectly communicate with the Review
Committee without the full knowledge of the other party. All other communications shall take place
only in the presence of the Review Committee. Copies of all printed documents and other materials
submitted to the Review Committee shall also be provided to the other party.

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4.2

Opinions from the CTCR and CCM

3.8.2.7.9…(f)… (3) If any part of the dispute involves a specific question of doctrine or doctrinal application, each party
shall have the right to an opinion from the Commission on Theology and Church Relations. If it involves
questions of Constitution or Bylaw interpretation, each party shall have a right to an interpretation from
the Commission on Constitutional Matters. The request for an opinion must be made through the Review
Committee, which shall determine the wording of the question(s). The request for an opinion must be made
within four weeks of the final formation of the Review Committee. If a party does not request such an
opinion within the designated time, such a request may still be made to the Review Committee, which shall,
at its discretion, determine whether the request shall be forwarded. The Review Committee shall also have
the right, at any time, to request an opinion from the Commission on Theology and Church Relations or
the Commission on Constitutional Matters. When an opinion has been requested, the time limitations will
not apply until the opinion has been received by the parties. Any opinion received must be followed by the
Review Committee.
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4.3

If the complainant or respondent has a question regarding doctrinal or constitutional matters, this
question should be submitted to the chairman of the Review Committee who will consult with the
committee to determine the wording.
If a request for an opinion is submitted later than four weeks after the formation of the committee, the
chairman shall consult with the committee to determine whether the request should be honored.
The four-week time constraint does not apply to the Review Committee itself, which has the right to
request opinions at any time.
Opinions will be provided as promptly as possible, but may result in delay depending upon
commission meeting schedules, during which time the process is placed on hold. Once received,
commission opinions are binding upon the committee.

Conduct of hearing

3.8.2.7.9 …(f)…(4) All hearings shall be private, attended only by the parties and the witnesses who can substantiate the
facts relevant to the matter in dispute. The Review Committee shall follow the procedures set forth in the

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