Official Handbook Source Text
Handbook page 168
Source: LCMS Handbook 2023, page 168.
This page reproduces text from the 2023 LCMS Handbook for study and navigation. Readers should verify procedural, legal, parliamentary, or governance questions against the official LCMS Handbook and appropriate LCMS authorities.
(1) The president of the seminary shall assist in this attempt.
(2) If the president himself is the respondent, the chairman of the board shall act in his stead.
(b) Should allegations involve information that could lead to the expulsion of the member from the Synod under Article XIII of the Constitution, the member’s ecclesiastical supervisor is to be informed immediately of the accusation (Bylaws 2.14.3 and 2.17.3).
(c) If the complainant is of the opinion that such informal reconciliation efforts have failed and there is a wish to pursue the matter, the complainant shall prepare a written statement of the matter in dispute and a written statement setting forth, in detail , the efforts that have been made to achieve informal reconciliation and forward such statements to the board of regents and to the respondent.
(d) Within 21 days after receipt of the written statement of the matter in dispute, the respondent shall submit a written reply to the board of regents and the complainant. If the respondent fails to reply, the allegations of the statement of the matter in dis pute shall be deemed accepted.
(e) Upon receipt of a reply from the respondent, or if no reply is received and the board of regents determines that all informal reconciliation efforts have failed, the board of regents shall form a review committee of five persons ( Matthew 18:16), which shall be chosen as follows:
(1) Each party shall select one faculty member and one regent.
(2) The Secretary of the Synod shall select the fifth member by blind draw from the Synod’s roster of hearing facilitators, who shall serve as chairman.
(3) The selection shall be completed within one month of the date on which the board decides to form the review committee.
(f) If the board decides that the matter is of such a nature that the interests of the seminary will best be served, it may limit the activities of the respondent. It may do so by relieving the respondent of teaching and/or administrative duties pending final resolution of the conflict.
However, contractual obligations of the seminary shall continue until the matter is resolved.
(g) The review committee shall proceed as follows:
(1) The committee shall hold its first hearing no later than 60 days after the last committee member has been appointed.
(2) The chairman of the committee shall notify the complainant and the respondent, at least 28 days in advance, of the date, time, and place of the said hearing.
(3) If any part of the dispute involves a specific question of doctrine or doctrinal application, each party shall have the right to an opinion from the Commission on Theology and Church Relations. If it involves questions of Constitution or Bylaw interpretation, each party shall have a right to an interpretation from the Commission on Constitutional Matters. The request for an opinion must be made through the review committee, which shall determine the wo rding
