LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 8−9, 1974, Page 4

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2. Since Resolution 3-09 does not identify individuals by name, each individual faculty member
is permitted to state that the positions rejected in Resolution 3-09 are m t his personal positions
and that therefore Resolution 3-09 does not apply to him.
3. In its second resolve Resolution 3-09 rejects both in a positive and in a negative way certain
theological positions.
4. The CCM rules that under Resolution 3-09 the Board of Control is now obligated through an
interview process and through a study of the documentation which has been developed to
determine which faculty members hold positions rejected in Resolution 3-09 and to deal with
them according to those procedures provided in Bylaw 6.79e et seq. which are pertinent.
22. Tentative Interpretations of Res. 3-09 (Ag. 522): The President had also submitted two
interpretations (Ex. B & C) and had asked whether the interpretations of the resolves of Res. 3-09 as
amended and considered in their entirety were correct. The Commission decided to reply:
1. Neither of the two documents (Ex. B & C) is clear, accurate, or complete.
2. The CCM refers you to its answer to Question 1.
23. Interpretation of Section VI of the Handbook (Ag. 522): Dr. Preus had asked: "3. Is the enclosed
interpretation of Section VI of the Bylaws a correct one?" In answer the Commission adopted the
following opinion:
1.

Section VI lays down the principal bylaws governing charges against faculty members.
However, other references in the Handbook as well as convention resolutions may be
material, relevant, and pertinent.

2.

Bylaw 6.79a indicates that at this level charges against a faculty member need not be in
writing.

3.

Bylaw 6.79b states that at that level the said charges must be in writing.

4.

These are the normal ways in which charges are presented. However, these are not the only
ways in which a faculty member may be charged nor does Chapter VI exhaust the subject.
Delegates in a convention may pass resolutions which make it incumbent upon certain
administrative units to identify those who fall under the resolution and to deal with them.

5.

Charges against faculty members must always be made against a specific member or specific
members and not against a group, not identified by names.

24. Participation of Boycotting Faculty Members in Certification and Placement (Ag. 522 : Dr. Preus had
asked: "4. May an element of a faculty which is boycotting classes participate in the certification and
placement of seminary graduates?" The Commission ruled:
As long as faculty members who are boycotting classes are members of the faculty, they are
eligible to certify. It is incumbent upon the Board of Control to determine when and under what
circumstances a faculty member has forfeited his right to be a faculty member and has resigned his
faculty position. Such determination should be made after reasonable notice to resume his
contractual teaching duties has been given.