Collection › LCMS Convention Workbook (St. Louis, Missouri) › 1973 · 50th Convention › Page 115
LCMS Convention Workbook St. Louis, Missouri — 1973, Page 115

Scan: The Lutheran Church—Missouri Synod
Transcription machine transcription, uncorrected

SEMINARY ISSUES

115

of the charge or charges. (b) a summary of the
evidence on which the charges are based, (c) a
statement that the hearings committee will conduct
a hearing and that the time and the place thereof
shall be determined by the hearings committee.
(d) a formal invitation to the complainant and the
accused to attend the hearing, (e) a statement to
the complainant and the accused that they are en-
titled to counsel and (f) the opinion of the Com-
mission on Theology and Church Relations if a
theological issue is involved.

f. No less than one week prior to a suitable
date set for the hearing. the accused shall submit
to the president. to the hearings committee, and
to the complainant his written answer to the
charges or he shall state that he desires no hear-
ing to be held.

g. If the accused fails to answer the statement
of charges or declares that he desires no hearing
to be held, the hearings committee shall consider
whether the grounds stated constitute adequate
cause for dismissal. and in its discretion may in-
dependently investigate the truth of the charges.

h. If a hearing is held it shall be private unless
the accused requests a public hearing. However
the president or his representative, and the com-
plainant, the accused. and their advisers shall have
the right to be present at the hearing at all times.
Opportunity for cross examination and for present-
ing testimony by competent witnesses shall be af-
forded.

i. The hearings committee shall forward its
findings to the complainant. the accused, to the
president, and to the Board of Control.

j. After the findings of the hearings committee
have been conveyed to the Board of Control, the
Board after hearing whatever additional witnesses
it may desire to hear and considering all pertinent
evidence. including, if it is a theological issue, the
opinion of the Commission on Theology and Church
Relations, shall render a decision. This decision
shall in no case be rendered without having given
the accused a personal hearing, with right of coun-
sel. and with adequate opportunity for the prep-
aration of a response to the charge. as well as
having given an opportunity for the complainant
with right of counsel to appear before the Board
of Control.

k. If the decision of the Board of Control is
that the accused is to be removed from the faculty.
the Board of Control shall formally, in writing,
notify the accused that his appointment to the
faculty is being terminated and shall specify the
effective date of the termination.

1. If the charge sustained against the individual
is of such a nature that it could disqualify him
from further membership in the Synod under Ar-
ticle XIII, the District President of the accused
shall be so notified and a transcript of the pro-
ceeding shall be forwarded to the District Presi-
dent. The District President shall then proceed in
the manner prescribed in the Constitution and By-
laws.

m. If a faculty member has lost his membership
in the Synod through the ecclesiastical route (By-
laws 6.80) he shall automatically forfeit his mem-
bership on the faculty after the appeals procedure
has been applied or after he has failed to file an
appeal within 90 days. During the 90-day period
and during the appeals procedure, if an appeal is
made. the Board of Control shall suspend him from
teaching activity but shall continue to meet its
contractual obligations.

6.80 Ecclesiastical Supervision

A faculty member who is a clergy or teacher
member of the Synod is under the ecclesiastical
supervision of the Synod. In cases in which such
a faculty member is charged with false doctrine