LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 21, 1975, Page 1

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Opinion re Further Procedures
When a Board of Control Has Sustained a Charge of False Doctrine
Several questions have been asked regarding procedures when a Board of Control has sustained a
charge of false doctrine and other serious charges against a member of the faculty. The questions have to
do specifically with the procedures and/or the necessity of expulsion from the Synod. The Commission on
Constitutional Matters rules as follows:
1. A faculty member who is a member of the Synod may be found guilty of false doctrine, or of
acting contrary to the conditions of membership listed in Article VI of the Constitution, or of offensive
conduct, or of the other causes listed in Bylaw 6.77c and may be removed from office by a Board of
Control.
2. Within 90 days such a person may appeal the decision to the Board of Appeals (Bylaw 6.81). If
he fails to appeal within that time, his removal from office is final.
3. A faculty member can be found guilty of false doctrine or of acting contrary to one or more of
the conditions of membership listed in Article VI of the Constitution, or of offensive conduct, and be
removed from membership in the Synod only through the route established in Chapter V of the Bylaws,
specifically in Bylaws 5.11 to 5.15; 5.31; 5.43 and 5.45.
4. In a case in which the Board of Control has removed a member for a cause which could also
result in removal from membership in the Synod, the board shall proceed under the provisions of Bylaw
6.79,1 and 5.11 and forward the charge and transcript to the District President.
5. The accusation (Bylaw 5.11) presented to the District President shall consist of the findings of
the Board of Control, the transcript of the proceedings, and all supporting documents submitted by the
Board of Control under Bylaw 6.79,1.
6. Since the Board of Control is obligated under Bylaw 6.79,1 to forward the accusation to the
District President, no publicity should be given the case beyond the simple announcement by the Board of
Control of the action taken and of its basis (Bylaw 5 . 31, j) .
7. The District President must proceed under the provisions of Bylaws 5.11 and 5.13.
8. If the District President or Vice-Presidents) fails to act, that is, decides that the case is not of
such a nature to warrant suspension ("may suspend"), or delays any decision beyond the reasonable time
required by the word "promptly" an;? by the other specific prescriptions of time, the President of the
Synod may at his own discretion or upon appeal by the accusers take action (Bylaw 5.13).
9. If the case is taken either by the District officers or by the synodical President to the District
Commission of Adjudication, suspension must be imposed.
10. The decision of the District Commission of Adjudication may be appealed by either party only
to the Synod's Board of Appeals, whose decision shall be final.

THE COMMISSION ON CONSTITUTIONAL MATTERS
Herbert Mueller, Secretary
February 21, 1975