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 should either be granted continuing appointment status (tenure) or be terminated; and

WHEREAS, 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

WHEREAS, 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 institution ally 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. …