To Amend Bylaw 3.10.5.7.2 to Provide Flexibility to Seminary Boards of Regents in Faculty Matters in Their Contexts

Official Workbook overture source text

6-73 
To Amend Bylaw 3.10.5.7.2 to Provide  
Flexibility to Seminary Boards of Regents  
in Faculty Matters in Their Contexts 
WHEREAS, Current Bylaw 3.10.5.7.2 circumscribes the ability of 
the seminary boards of regents (BOR) to balance the composition 
of their faculty appointments, as it is understood to require an “up 
or out” standard whereby faculty members who have served six 
years sh ould either be granted continuing appointment status 
(tenure) or be terminated; and 
W
HEREAS, Current Bylaw 3.10.5.7.2 (d)(1) provides that persons 
who, prior to joining a seminary faculty, have taught at another 
educational institution of the Synod for at least four years can 
petition the BOR of the seminary for continuing appointment and 
receive credit for such prior service, meaning that the board must 
consider for tenure a person who may have taught at the seminary 
less than two years; and 
WHEREAS, These requirements significantly limit the ability of a 
BOR, in light of its particular context, to determine the appropriate 
percentage of the seminary faculty that should hold tenured 
positions, insofar as currently, all faculty who serve six years have 
the right to petition for tenure; and 
W
HEREAS, Such requirements do not exist for faculty of the 
Concordia University System schools and are not required for 
accreditation purposes; therefore be it 
Resolved, That Bylaw 3.10.5.7.2 be amended as follows: 
PRESENT/PROPOSED WORDING 
Seminary Faculties 
3.10.5.7.2 Each theological seminary shall have established policies 
and procedures related to appointments. There shall be two levels of 
faculty appointments: (1) Initial level, where the appointment can be 
terminated with no formal requirement for a show of cause;  (2) 
continuing level, where termination requires a formal show of cause. 
… 
(d) Standards or qualifications for moving a faculty member 
from initial -level appointment to continuing- level appointment 
shall be the following: 
(1) The faculty member shall ordinarily have completed four 
to six years of creditable service (periods of leave are not 
included) as a member of the faculty of one or more 
educational institutions of the Synod, at least the last two years 
of which shall have been in the seminary currently served. 
(21) The faculty members shall, as determined by their 
academic discipline, regularly continue to demonstrate 
scholarly achievement that may be institutionally funded as 
determined by the board of regents. 
… 
(e) Steps in moving a faculty member from an initial -level 
appointment to a continuing -level appointment shall be the 
following: 
(1) If the board of regents, on recommendation of the 
president of the seminary, determines that a faculty member 
meets the above requirements and is still at the initial -level 
appointment, it shall either carry forward the procedure for 
promotion to a continuing -level appointment or inform the 
faculty member of its decision not to do so, in which case the 
individual either may continue at the initial-level appointment 
or be terminated. Any continuation of employment at the 
initial-level appointment shall be on a year -to-year basis. 
Faculty employment during the initial -level appointment 
period may be terminated without disclosure of cause. In cases 
in which the decision is made to terminate the individual’s 
contract, the contract shall be extended for at least six months 
beyond the time at which notice is given. If the board of 
regents does not take up the question of promotion to a 
continuing-level appointment at least nine months prior to the 
end of the sixth year of service, the faculty member may 
petition the board of regents to do so. 
(2) After final review the board of regents may promote to a 
continuing-level appointment status. 
(fe) Promotion to continuing-level appointment status shall in no 
case be construed as requiring or indicating advancement in rank 
or increase in salary. 
… 
St. Paul 
Brookfield, IL 
Ov.