Res. 6-10 — To Amend Bylaws to Address Seminary Adjunct Faculty

WHEREAS, Both Concordia Seminary, St. Louis and Concordia Theological Seminary, Fort Wayne make use of contracted faculty, bearing various titles including “adjunct faculty,” “guest instructors,” “guest professors,” or “visiting instructors” (hereafter “adjuncts”); and

WHEREAS, The standard procedure is that adjuncts are appointed by the president through the provost and in consultation with the pertinent department chairman. Their services to the seminary are provided on a contractual basis, rather than through a call to the faculty; and

WHEREAS, Adjuncts must conform to the doctrinal standards of The Lutheran Church—Missouri Synod by upholding the accepted doctrinal statements of the Synod, including Article II of the Synod Constitution; and

WHEREAS, CCM Op. 2 4-3031, “Adjunct Seminary Faculty,” has determined that “No bylaw sets forth specific procedures for appointment of part-time or temporary faculty,” (i.e., adjuncts); and

WHEREAS, The lack of an adjunct specific bylaw has resulted in CCM Op. 24 -3031 stating that “[t]he [seminary] board [of regents] could choose to undertake such appointments directly, or it could choose to permit the president to undertake such appointments subject to ultimate approval or ratification by the board. The board could also choose to delegate this task to a committee in accordance with Bylaw 1.5.3.3. These examples are not intended to exhaust all legitimate possibilities; so long as the choices of the board do not conflict with another express provision of the Bylaws, it is free to accomplish its task of ‘approving’ as it sees fit”; and

WHEREAS, The lack of an adjunct specific bylaw has also resulted in CCM Op. 24-3031 stating “[o]ur analysis begins with Bylaw 3.11. Bylaw 3.11.1 (a) provides that ‘[m]embers of the Synod who are appointed to positions requiring an ordained minister or commissioned minister shall receive a solemn call.’ If a specific position being filled by a part -time faculty member requires that the person filling that position be an ordained or commissioned minister (rather than merely incidentally being filled by one), then Bylaw 3.11.1 (a) would require that person to receive a solemn call. Having received a call into that specific position, the position would be a ‘called position’ under the Bylaws, including Bylaw 4.4.3 (a)”; and

WHEREAS, Such a practice of calling and installing adjuncts would be administratively cumbersome and would be counterproductive for the seminary and for the church; and

WHEREAS, The ordinary delegation of this responsibility to the seminary president and administration is wise and workable; and

WHEREAS, The boards of regents at both seminaries have for decades understood the Bylaws to require board approval of regular full-time faculty members but not to require direct board approval of adjuncts; therefore be it

Resolved, That Bylaw 3.11.1 be amended as follows:

PRESENT/PROPOSED WORDING 3.11 Staff

3.11.1 Unless otherwise specified by the board of directors of the respective agency, all employees shall serve at the pleasure of the appointing authorities.

(a) Members of the Synod who are appointed to positions requiring an ordained minister or a commissioned minister, excluding part-time or temporary faculty, shall receive a solemn call.

(b) Other ordained or commissioned ministers appointed to positions in the Synod, excluding part-time or temporary faculty, shall be affirmed by the respective board or commission through a solemn call. …

and be it further

Resolved, That Bylaw 3.10.5.5 be amended as follows:

PRESENT/PROPOSED WORDING

3.10.5.5 The board of regents of each theological seminary shall become familiar with and develop an understanding of pertinent policies, standards, and guidelines of the Synod. …

(g) It shall participate fully in the procedures for the selection and regular review of the president of the seminary and of the major administrators; approve of the appointment of full-time faculty members who meet the qualifications of their positions; approve sabbatical and study leaves; and encourage faculty development and research. …

and be it finally

Resolved, That Bylaw 3.10.5.7 be amended as follows:

PRESENT/PROPOSED WORDING Seminary Faculties

3.10.5.7 The faculty of each theological seminary of the Synod shall consist of the president, the full -time faculty, and the part-time faculty.

(a) Part-time or temporary faculty members are distinguished by an appropriate prefix or suffix (“visiting, guest, adjunct, emeritus”).

(b) Part-time or temporary faculty members shall hold nonvoting membership on the faculty.

(c) Part-time or temporary faculty and instructors must conform to the doctrinal standards of The Lutheran Church—Missouri Synod by upholding the accepted doctrinal statements of the Synod. The president of the seminary shall appoint part time or temporary faculty members. The board of regents of the seminary may require such appointments be approved by the board of regents. …

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.

3.10.5.7.2.1 There shall be two levels of full -time 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.

(a) Seminaries are free to decide for themselves what names to apply to these two levels of appointment. …

(f) Promotion to continuing-level appointment status shall in no case be construed as requiring or indicating advancement in rank or increase in salary.

(g) Other types of faculty appointments may be established by seminaries as the need arises.

3.10.5.7.2.2 Other types of faculty appointments may be established by seminaries as the need arises. …