LCMS Convention Workbook St. Louis, Missouri — 1973, Sheet 458

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REFERRED RESOLUTIONS 425

conduct unbecoming a Christian or advocacy of
false doctrine against any member of the faculty
of an educational institution of the Synod, he shall
first in a spirit of Christian love communicate di-
rectly with the person against whom he has a com-
plaint and attempt to find a peaceful and amiable
resolution of the matter.

b. If this procedure fails and if the complainant
desires to pursue the matter, he shall bring his
complaint in writing to the president of the institu-
tion and request his assistance in bringing about
a resolution of the matter. Complaints against the
president of the institution shall be brought in writ-
ing to the chairman of the Board of Control.

c. If also this procedure fails, the complainant
may formally request the president of the institu-
tion, as the executive officer of the Board of Con-
trol, to convey his complaint as a formal charge to
the Board of Control. The president is required to
convey the complaint to the next regularly sched-
uled meeting of the Board of Control. He shall
notify the accused person of the identity of the
complainant and the nature of the charges which
have been brought and provide him with a copy
of the evidence which has been submitted.

d. If the complainant is the president of the in-
stitution. he shall bring his complaint directly to the
Board of Control, but only after he has communi-
cated directly with the person against whom he has
a complaint and has attempted to bring about a
peaceful resolution of the matter. The president
shall provide the accused with a copy of the com-
plaint and of the supporting evidence.

e. After receiving the complaint. the Board of
Control shall decide whether to proceed with a
further investigation of the matter or to request the
assistance of other persons to resolve the matter or,
for lack of sufficient substance to the complaint or
to the evidence presented, to drop the complaint.

f. The Board of Control may request the com-
plainant(s) to meet with it with the purpose of
bringing about a peaceful resolution. The com-
plainant(s) shall have the privilege of being ac-
companied by counsel of choice.

g. The Board of Control shall request the person
against whom a complaint has been made to meet
with it. The purpose of this meeting shall be to
seek a peaceful resolution of the issue. The person
complained against shall have the privilege of
being accompanied by counsel of choice.

h. If the Board of Control decides by formal
vote to charge a member of the faculty with a
cause for which he may be removed from the fac-
ulty, it shall first direct the executive officer to
cause the faculty hearings committee to be con-
vened and to hold a hearing with respect to the
validity of the charge which has been made. This
requirement shall be in force whether the person
complained against does or does not have perma-
nent tenure (except that the Board of Control may
resolve not to renew the contract of a nontenure
faculty member without formal statement of cause
upon the expiration of his contract period).

i. Not less than two weeks prior to the date set
for the hearing, the president of the institution shall
send copies of a formal communication to the ac-
cused and to the chairman of the faculty hearings
committee containing (a) a statement of the charge
or charges, (b) a summary of the evidence on
which the charges are based, (c) a statement that
the faculty hearings committee will conduct a hear-
ing and that the time and place thereof shall be
determined by the hearings committee. (d) a for-
mal invitation to the accused to attend the hearing.
and (e) a statement to the accused that he is en-
titled to counsel.

j. Not less than one week prior to the date set
for the hearing, the accused shall submit to the
president and to the hearings committee his written
answer to the charges or he shall state that he de-
sires no hearing to be held.

k. If the accused fails to answer the president's
statement of charges or states that he desires no
hearing to be held, the hearings committee shall
consider whether the grounds stated constitute ade-
quate cause for dismissal and. in its discretion, may
independently investigate the truth of the charges.

1. If a hearing is held, it shall be private. How-
ever, the president or his representative. and the
accused and his advisers shall have the right to be
present at the hearing at all times. Opportunity
for cross-examination shall be afforded.

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

n. After the findings of the hearings committee
have been conveyed to the Board of Control, the
Board of Control. after hearing whatever additional
witnesses it may desire to hear and investigating
all pertinent evidence, shall render a decision. This
decision shall in no case be rendered without giving
the accused a personal hearing. with right of coun-
sel. and with adequate opportunity for the prepara-
tion of a response to the charge.

o. 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.

6.79 Procedure re Other Causes

a. If a member of the faculty is to be formally
charged with professional incompetency, incapac-
ity for the performance of duty because of physical.
mental, or emotional disabilities. refusal to cooper-
ate, or neglect of, or refusal to perform, duties of
office. with the intent that he be removed from
office. the complainant shall in every case be the
president of the institution.

b. In such cases the necessary procedure shall
include all procedures enumerated in 6.78, d
through o.

6.80 Appeal

a. When a faculty member has been officially
notified that his appointment to the faculty is being
terminated for cause, he may, within 30 days of the
day on which he received official notice of the ter-
mination, file an appeal with the Board for Higher
Education. The appeal to the Board for Higher
Education shall be based on the record, and shall
not be a hearing de novo.

b. If the Board for Higher Education concurs
with the Board of Control. it shall so notify both
the Board of Control and the accused. If the Board
for Higher Education finds that the Board of Con-
trol erred in its procedure or conclusions, it shall
remand the case to the Board of Control for a re-
hearing or other appropriate action.

c. If the Board of Control shall resolve to drop
a complaint against a faculty member or if it ren-
ders a decision not to remove an accused person
from his faculty position, the complainant shall
have no recourse. except that if the accused is a
pastor or teacher and the charge is one for which
the accused may be expelled from the Synod, the
complainant may file a complaint with the appro-
priate District President, and thereafter follow the
procedures outlined in Handbook 5.31 (p.112) even
involving the synodical President if necessary.