LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 21–22, 2025, Page 16

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The commission then concluded that such “visiting faculty” are “part-time or temporary faculty” and thus,
under Bylaw 3.8.3.8 (b) [now Bylaw 3.10.5.7 (b)], were nonvoting members of the faculty.
The current question is somewhat broader than the one in Op. 07-2491. Here, the question is not just faculty
designated as “visiting” but also “adjunct” and “guest” faculty. While broader, the result does not change.
Bylaw 3.10.5.7 (a), in identifying examples of appropriate prefixes for distinguishing part-time or
temporary faculty, lists “visiting,” “adjunct,” and “guest.” Since these types of faculty are specifically
listed, the commission concludes that “visiting,” “adjunct,” and “guest” faculty are “part-time or temporary
faculty” under Bylaw 3.10.5.7. (The commission finds, incidentally, that “part-time faculty” as used in the
main paragraph of Bylaw 3.10.5.7 is a synecdoche or partial reference for “part-time or temporary faculty,”
as evidenced in the bylaw’s subparagraphs [a] and [b]. Thus, an adjunct might be brought on for a single
term at more than a part-time level of employment and still be part of the “part-time or temporary faculty.”)
Question 2:

Are adjunct appointments at the seminaries an “other type of faculty appointment” under
Bylaw 3.10.5.7.2 (g) (in other words, do adjuncts hold neither initial-level appointments
nor continuing-level appointments)?

Opinion:
Bylaw 3.10.5.7.2 (g) was added to the Bylaws by 2001 Res. 5-02 (with identical wording
to the current version other than that the word “seminaries” was originally “institutions”). This resolution
also introduced the language of “initial level” and “continuing level” which are now found in Bylaw
3.10.5.7.2. The changes proposed by that resolution were the recommendations of the task force established
to study tenure at the Synod’s colleges, universities, and seminaries. The resolution noted that questions
regarding tenure were subject of a “good deal of discussion” both within and without the Synod. Included
in those discussions were several highly publicized lawsuits brought by faculty who were denied tenure and
the responses institutions were taking as a result (including tightening processes for awarding tenure and
reviewing faculty granted tenure). The task force also noted that “another movement has been gathering
momentum” at the same time—the movement toward contract hiring. Rather than supporting one system
or the other, the task force sought to “create a system that combined the protection of faculty rights
emphasized in tenure systems with the increased accountability demanded by contract systems.”
Looking at the changes as a whole, it seems clear that “continuing-level” faculty were those faculty that
had been granted tenure, that “initial-level” faculty were those that were on the tenure track, and that to
account for the increase in contract hires, the language now found in Bylaw 3.10.5.7.2 (g) was added. 1
Provision (g) of Bylaw 3.10.5.7.2 was added at the same time as the initial/continuing level tenure system
(provisions a–f of Bylaw 3.10.5.7.2) and can serve no logical purpose other than to provide for appointments
of faculty who are excluded from that system, such as “visiting, guest, adjunct, [and] emeritus” faculty.
As such, “visiting,” “adjunct,” and “guest” faculty are not continuing-level or initial-level faculty and fall
into the “[o]ther types of faculty appointment” permitted under Bylaw 3.10.5.7.2 (g).
Question 3:

While not specifically asked, it seems clear from the context of the question, and from the
input received from the seminary presidents, that there is a third question at issue here—
namely, what role does a seminary’s board of regents have in the appointment of these
part-time faculty?

Opinion:
Bylaw 3.10.5.5 (g) provides, in relevant part, that the board of regents of each seminary
shall “approve of the appointment of faculty members who meet the qualifications of their positions.”
Bylaw 3.10.5.7 provides that the faculty consists of the president of the seminary, the full-time faculty and
the part-time faculty.
The commission observes that this language was originally inaptly added to Bylaw 6.25, which dealt with promotion,
and remains inapt as part of 3.10.5.7.2, which deals ostensibly with the two required levels of appointments, initial
and continuing. Just as inartful is the inclusion of 3.10.5.7.3 (a) where it is, which might lead one to question, despite
its clear wording to the contrary (“all initial”), whether this applies to non-“full-time” faculty members.
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CCM Minutes – March 21–22, 2025 – Page 83