LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 13–19, 2007, Page 11

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Standard Operating Procedures Manual for this bylaw to be followed in the hearing and shall establish the
relevancy of evidence so that each party shall be given an opportunity to present fully its respective
position. In performing its duty, the Review Committee shall continue efforts to reconcile the parties on the
basis of Christian love and forgiveness. If a party is a board or commission of the Synod or its districts, it
shall be represented by its chairman or a designated member.
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5.

The proceedings of the hearing shall be conducted according to the guidelines provided in this
Standard Operating Procedures Manual, a copy of which shall have been provided to the parties at
the time the complainant is provided assistance by the president or chairman of the board of the
institution (see 1.3 above). If any provision of this manual has not been complied with, it must be
brought to the attention of the chairman of the Review Committee within three days, or the right to
object shall be considered waived.
The complainant shall be responsible for his/her own travel, lodging, food, and witness costs. The
expenses of the panel and essential expenses of the respondent shall be covered by the institution.
Hearings shall be private, attended only by the panel members, the complainant, and the respondent.
A majority of the members of the Review Committee shall constitute a quorum. A quorum shall be
required during all stages of the committee’s work.
The panel shall establish the procedure to be followed to hear and determine the relevancy of
evidence so that each side of the matter is given opportunity fully to present its position.
Witnesses who can substantiate facts relevant to the matter(s) at issue may be called before and
address the panel at the request of the complainant, respondent, or panel. Unless otherwise
determined by the panel, witnesses shall attend hearings only during the time that they are giving
their own testimony. The panel may question witnesses directly and may permit the parties to do
likewise.
Copies of all documents presented as evidence shall be provided to all parties.
At its discretion, panels may make audio recordings of hearings for their own sole use. Such
recordings are not to be regarded as part of the official record. No recording of the proceedings of a
hearing aside from personal notes may be made by the parties involved.

Review Committee Decision
5.1

Committee issues decision

3.8.2.7.9…(f)…(5) Within 60 days after completion of the final hearing, the Review Committee shall issue a written decision
which shall state the facts determined by the committee and the reasons for its decision and forward them to
the parties and the board of regents…
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5.2

It is the responsibility of the Review Committee to make a final recommendation regarding the validity
of the complaint to the board of regents within 60 days of the hearing. The decision shall be by
majority vote and shall be communicated in writing following the outline provided in Appendix A of this
manual and shall be signed by the chairman and secretary of the committee.
In the event that a majority decision cannot be reached, a new panel shall be formed immediately and
the matter reheard.
If the parties have settled their dispute during the course of the committee hearing or prior to the
rendering of a decision, the committee may set forth the terms of the agreed-upon settlement in its
decision.
If the Review Committee determines that there is a valid complaint regarding matters under Bylaw
3.8.2.7.5, it may make recommendations to the board of regents for actions it deems appropriate,
distinguishing between items (1-4) and (5-6).
The decision of the Review Committee shall be provided to the complainant and respondent. It shall
also be provided to the board of regents, which alone has the authority to take any appropriate action.

Board of regents takes appropriate action

3.8.2.7.9 …(g) If the committee decides there is a valid complaint:
(1) Regarding matters under Bylaw 3.8.2.7.5, 1-4, it may take whatever action it deems appropriate,
including recommendation for termination of the employment contract.
(2) Regarding matters under Bylaw 3.8.2.7.5, 5-6, if the member of the institution’s faculty or administration
is a member of the Synod, it must also refer the complaint to the district president, who shall follow the
procedure set forth in Bylaw sections 2.14 or 2.17.

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