To Reform Composition of Boards of Regents of Concordia University System Universities to Improve Doctrinal Fidelity and Amenability to Ecclesiastical Supervision

WHEREAS, The Concordia University System (CUS) is a synodwide corporate entity of the Lutheran Church— Missouri Synod (Bylaw 1.2.1 [w]); and

WHEREAS, Synodwide corporate entities are separate corporations established by the Synod for business and legal reasons, and not for purposes of independence from the Synod, immunity from ecclesiastical supervision by the Synod, or propagation of positions contrary to the teachings of the Synod; and

WHEREAS, Synodwide corporate entities including the CUS “are to be servants of and to the Synod and its members” (Bylaw 3.6.1); and

WHEREAS, Synodwide corporate entities “shall be accountable to the Synod in convention for the discharge of [their] assigned duties” (Bylaw 3.6.1.6 [h]); and

WHEREAS, Synodwide corporate entities “shall be accountable to the President ofthe Synod for doctrinal faithfulness”(Bylaw3.6.1.6 [i]); and

WHEREAS, All governing documents and instruments of synodwide corporate entities must be in conformity with the Constitution, Bylaws, and applicable resolutions of the Synod in convention (Bylaw 3.6.1.7) and must provide that the entity is “a component part of the Synod” (Bylaw 3.6.1.8 [b]); and

WHEREAS, The CUS has the overall responsibility to provide for the education of pre-seminary students, ministers of religion— commissioned, other professional church workers of the Synod, and others desiring a Christian liberal arts education by facilitating prior approval for theology appointments to college or university faculties (Bylaw 3.6.6.1); and

WHEREAS, The CUS Board of Directors is charged with a mandatory duty to ensure that the boards of regents and campus administrators are actively working to preserve their Lutheran identity by supporting the objectives of the Synod (Constitution Article III) and deliver academic and student programs designed to give students Christ-centered values (Bylaw 3.6.6.6 [a–b]); and

WHEREAS, The composition of the board of regents of the institutions of the CUS was expanded to include from four to eight regents appointed by each board itself to add expertise to the boards; and

WHEREAS, While expertise certainly is needed in the board of regents, subsequent experience has shown a tendency, resulting in part from the new composition of the boards, for those boards and campus administrators to exhibit independence from the Synod, propagation of positions contrary to the teachings of the Synod, and resistance to ecclesiastical supervision by the Synod; and

WHEREAS, A board of regents of an institution of the CUS violated in multiple substantial ways numerous bylaws governing the search for and appointment of a new president of the institution, in so much as to practically abdicate their responsibilities; and

WHEREAS, By virtue of the duties imposed upon him and the powers vested in him by the Constitution and Bylaws of the Synod to exercise ecclesiastical supervision (Bylaw 1.2.1 [j]), the President of Synod with a visitation team visited the campus of that institution to gather facts; and

WHEREAS, Following the visitation by the President of Synod and visitation team, the President delivered to that institution aletter exercising the ecclesiastical supervision imposed upon and vested in him (letter from President Harrison to members of the CUWAA Board of Regents, May 9, 2022); and

WHEREAS, The board of regents of that institution has failed or refused to give the letter of ecclesiastical supervision even the consideration, let alone the action, due in the circumstances and under the Constitution and Bylaws of the Synod; and

WHEREAS, This failure or refusal is, in part, a symptom of the independence from the Synod and resistance to ecclesiastical supervision by the Synod that stems in part from the new, expanded composition of the board of regents where many members are appointed by the board of regents itself; and

WHEREAS, The harms resulting from independence and resistance to ecclesiastical supervision clearly outweigh the benefits of expertise provided by the new, expanded composition of the boards of regents; and

WHEREAS, It is necessary to reform the composition of the boards of regents for the sake of maintaining the CUS as a component part of the Synod, as servant of and to the Synod and its members, in doctrinal faithfulness, with Lutheran identity and Christ-centered ness, amenable to ecclesiastical supervision by the Synod through the Synod’s chosen office for exercising supervision; therefore be it

Resolved, That Bylaw 3.10.6.2 (1–5) be amended as follows:

PRESENT/PROPOSED WORDING

3.10.6.2 The board of regents of each college and university shall consist of no more than 18 members, all voting. two laypersons shall be elected by the conventions of the Synod. 2. … appointed as members by the board of regents according to a process determined by the individual institution. is located or a district vice-president as his standing representative shall serve as an ex officio a voting member. commissioned minister, or a layperson, shall be appointed by the Praesidium of the Synod after consultation with the President of the respective institution and the Board of Directors of the Synod President of the Synod. 65. … (renumbering following)

and be it further

Resolved, That each college,university, or institution ofthe CUS shall devise a plan of transition to the number of regents and composition of the board of regents mandated by this resolution to be fully implemented no later than the regents’ first meeting in the third quarter of2026sothatnocurrent regents hall have the regent’s current term shortened but no unnecessary delay in implementing this resolution is allowed; and be it further

Resolved, That the plans of transition shall be subject to approval by the President of Synod, and shall be submitted to the President of Synod for review by Feb. 1, 2024; and be it finally

Resolved, That this resolution be forwarded to the Synod for adoption at its 2023 convention.