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In 1990, the president of the National Conference of Bishops, Archbishop Daniel Pilarczyk, appointed a Committee to Implement the Apostolic Constitution Ex Corde Ecclesiae, promulgated by Pope John Paul II that same year. The Committee of seven bishops is assisted by eight Catholic college and university presidents as counselors. Several resource persons also took part in the Committee's deliberations. The task of the Committee, in response to the Apostolic Constitution itself, is to begin the process of drawing up national ordinances by applying the Constitution's general norms to the United States.

The enclosed draft ordinances is sent as part of a national consultation with bishops and presidents of Catholic colleges and universities. All bishops in the United States are invited to submit recommendations on the enclosed draft, especially if there are Catholic colleges and universities in their archdioceses. They are asked to consult with any advisors they believe helpful. Presidents are invited to consult with their boards, faculties, and others associated with their colleges and universities. Where applicable, they are asked to seek comments from provincials of religious communities which sponsor their institutions.

The Committee sending this draft if ordinances strongly recommends that bishops and presidents in each diocese meet together in order to benefit from one another's insights before comments are sent back to the Committee. Some bishops and presidents may want to make joint recommendations in addition to individual ones. The Association of Catholic Colleges and Universities has offered to facilitate regional opportunities for dialogue between bishops and presidents.

The draft text is form the bishop members of the Committee. Presidents and resource people participated fully in all discussions prior to the bishop's decisions about the text of the draft. On some matters during discussions, bishop's and presidents agreed - both about what particular issues should be addressed in the ordinances for the United States and the wording of individual ordinances. In some cases, bishops and presidents found themselves unanimously with opposing views on a particular proposal. In some discussions neither the bishops nor presidents were among themselves unanimous in their opinions. Votes among the bishops were unanimous on the ordinances finally presented in the accompanying draft. This draft is also being sent for comment to Catholic learned societies in the United States.

After recommendations have been received, the Ex Corde Implementation Committee will draw up a revised document to be considered by the full assembly of the National Conference of Catholic Bishops. After NCCB action, the document will be sent for review to the Apostolic See.

The enclosed evaluation form is meant to be of assistance in making your recommendations - due no later than December 31, 1993.

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Proposed Ordinances for Catholic Colleges and Universities in the United States

Part I - Introduction

In the Introduction to his Apostolic Constitution Ex Corde Ecclesiae (August 15, 1990) His Holiness Pope John Paul II says, "I desire to share with everyone my profound respect for Catholic universities" [n. 2]. He notes that the Catholic university shares with every other university "gaudium de veritate," so precious to Saint Augustine, which is that joy of searching for, discovering, and communicating truth in every field of knowledge." But the Catholic university, according to the Holy Father, also has the "privileged task" to unite the two orders of reality that too often remain unconnected, and "frequently tend to be placed in opposition as though they were antithetical," namely the orders of faith ("the certainty of already knowing the fount of truth") and reason ("the search for truth") [n. 1].

The "honor and responsibility," as Pope John Paul II puts it, of the Catholic university is to "consecrate itself without reserve to the cause of truth" [n. 4]. And in so doing, the Holy Father says, the Catholic college or university is serving both the dignity of the human person and the good of the Church.

"If it is the responsibility of every university to search ... for meaning" observes the Pope, " a Catholic university is called in a particular way to respond to this need: its Christian inspiration enables it to include moral, spiritual, and religious dimensions in its research, and to evaluate the attainments of science and technology in the perspective of the totality of the human person [n. 7].

Ex Corde Ecclesiae identifies four characteristics that necessarily belong to research conducted by a Catholic university: (a) the search for integration of knowledge, (b) a dialogue between faith and reason; (c) an ethical concern, and (d) a theological perspective" [n. 15].

Of particular interest to the Catholic university, writes the Pope, "is the dialogue between Christian thought and the modern sciences. This task requires persons particularly well versed in the individual disciplines who are at the same time adequately prepared theologically, and who are capable of confronting epistemological questions at the level of the relationship between faith and reason" [n. 46] The Apostolic Constitution recalls for its readers the purpose of Catholic higher education as articulated in the Second Vatican Council's declaration on Christian education; that "the Christian mind may achieve as it were, a public, persistent and universal presence in the whole enterprise of advancing higher culture ..." [n. 9]

According to Ex Corde Ecclesiae, "the objective if a Catholic university is to assure in an institutional manner a Christian presence in a university world confronting the great problems of society and culture" [n. 13]. Hence, the Holy Father regards the work of Catholic colleges and universities as "irreplaceable" [n. 10] in the life of the Church. He concludes the apostolic constitution by saying to Catholic college and university educators: "The Church and the world have great need of your witness and your capable, free, and responsible contribution."

The purpose of the following ordinances is to provide implementation guidelines that embody both the vision and the spirit of Ex Corde Ecclesiae. These ordinances do not apply to ecclesiastical faculties which are governed by the Apostolic Constitution Sapientia Christiana (1979), but they do apply to all the rest of the remarkable set of Catholic institutions of higher learning in the United States to which Pope John Paul II looks for their "capable, free, and responsible contribution to the future of both church and culture.

Part II - Ordinances

The ordinances on Catholic higher education for the dioceses of the United States are complementary to and in harmony with Canons 807 - 814 0f the Code of Canon Law, and the general norms of the Apostolic Constitution Ex Corde Ecclesiae (Part II), both of which in their entirety are part of the universal law of the Church.

Ordinance 1

Catholic colleges and universities are those which, through their governing boards, freely commit themselves to the Christian message as it comes to us through the Catholic church, and together with the bishops, seek to preserve and foster their Catholic character and mission.

Ordinance 2

Catholic colleges and universities are to identify themselves as belonging to one of the descriptive categories in the list appended to these ordinances (see appendix) and include the appropriate identification in their governing documents [GN. 1:3] or statements of mission [GN. 2:3].

Ordinance 3

Periodically, and at least every ten years, each Catholic college or university is to undertake an internal review of the congruence of its research program [N. 7, 15, 18, 45], course of instruction [N. 16, 17, 19, 20] and service activity [N. 21, 31, 32, 34, 36, 37, 38] with the ideals and principles expressed in Ex Corde Ecclesiae [GN 2, 5].

Ordinance 4

As a manifestation of their common desire to maintain the Catholic identity of the college / university, institutional authorities and the diocesan bishop, according to their own proper roles, will seek to promote the teaching of Catholic theological disciplines in communion with the church [GN 4:3].

Ordinance 5

The mandate granted to those who teach theology in Catholic colleges and universities should be understood as recognition by the competent ecclesiastical authority of a Catholic professor's suitability to teach theological disciplines [GN 4.3].

Ordinance 6

Catholic professors of theological disciplines are to be advised by academic officials of the Church's expectation that they request the mandates from the competent ecclesiastical authority, normally the diocesan bishop or his delegate [cf. Canon 812]. Accordingly, the bishop is to invite the Catholic professor to request the mandate and, after appropriate review, the bishop is to respond to the request.

Ordinance 7

If a dispute arises between the competent ecclesiastical authority and a Catholic college or university, or individual or groups within such institutions, it is to be resolved according to procedures that respect the rights of the person in the church (for example, Canons 208-223, 224-231, and 273-289), the autonomy of the academic institution (I, n. 12; II, art. 2 n.5;, art. 5 n. 2), and the responsibility of church authorities (I n. 28-29; II art. 4, n.1; art 5, n.2) to assist in the preservation of the institution's Catholic identity. Such procedures are also to follow the principles and, to the extent applicable, the procedures in the documents of the National Conference of Catholic Bishops "On Due Process" (1972) in administrative matters and "Doctrinal Responsibilities" (1989) in matters of differences in doctrine.

Ordinance 8

Governing boards, in appropriate collaboration with the administration of the college / university, should provide for an adequately staffed campus ministry program and suitable liturgical and sacramental opportunities under the moderation of the local bishop [GN. 6: 1-2].

The ordinances, as particular law for the dioceses of the United States, become effective at the beginning of the academic year following their enactment by the National Conference of Catholic Bishops and communication from the Congregation for Catholic Education that they have been reviewed by the Apostolic See [GN 1:2].

Appendix

Descriptive Categories of Catholic Colleges and Universities

Category 1 - Ecclesiastical Faculties and Universities

Category 2 - Canonically Established Institutions by the Holy See

Category 3 - Institutions Established by a Diocese

a) governed by a board of trustees with some powers reserved to the diocese or;

b) independent governing board with no power reserved to the diocese.

Category 4 - Institutions Established by a Religious Community

a) governed by a board of trustees with some powers reserved to the religious community or;

b) independent governing board with no power reserved to the religious community.

Category 5 - Institutions Established by Other Ecclesiastical or Lay Initiative

a) governed by a board of trustees with some powers reserved to the founding entity or;

b) independent governing board with no powers reserved to the founding entity.

Institutions in this fifth category may call themselves "Catholic" by consent of the competent ecclesiastical authority.