Department of Education Ex Corde Ecclesiae Implementation Committee 3211 4th Street N.E. Washington D.C. 20007-1194 (202) 541-3017 FAX (202) 541-3390 EX CORDE ECCLESIAE IMPLEMENTATION COMMITTEE 1998 DRAFT PROPOSAL MEMBERS: Most Rev. John J. Leibrecht (Chair), Most Rev. James A. Griffin, James Cardinal Hickey, Most Rev. Oscar Lipscomb, Adam Cardinal Maida, Most Rev. James W. Malone (Consultant), Most Rev. Francis B. Schulte. PRESIDENT CONSULTANTS: Dr. Dorothy McKenna Brown, Reverend William J. Byron, S.J., Brother Raymond L. Fitz, S.M., Dr. Norman C. Francis, Sister Karen M Kennelly, C.S.J., Reverend Edward A. Malloy, C.S.C., Reverend J. Donald Monan, S.J., Dr. Matthew J. Quinn. RESOURCE PERSONS: Sister Sharon Euart, R. S.M., Dr. Monika Hellwig, Rev. Msgr. Thomas J. McDade, Rev. Msgr. Frederick McManus. PROJECT DIRECTOR: Reverend Terrence Toland, S.J., Anthony Cardinal Bevilacqua(Chair), Bishop Raymond Burke, Bishop Thomas Doran, Adam Cardinal Maida (also on the Implementation Committee) and Rev. Msgr. John Alesandro are members of the Subcommittee especially appointed to assist the Implementation Committee. The Implementation Committee met with the special Subcommittee on 28 January 1998 and again on 28 August 1998. Based on questions, comments and suggestions made at these meetings, as well as written comments by the legal counsel of the NCCB, the Subcommittee completed the enclosed draft dated 27 September 1998. This document is attached. Consistent with past practice, this document is also being mailed to the presidents of all the USA Catholic colleges and universities, officers of learned societies and sponsoring religious communities, all of whom are asked to communicate their reflections to local Ordinaries. The Implementation Committee is presenting the Subcommittee's draft for discussion by the body of bishops at the coming meeting of the Conference this November 1998. Although the time is short, it is hoped that some of the bishops will have taken the opportunity to discuss the document with local college and university personnel. It will be valuable for the national body of bishops to hear local reflections. No vote is scheduled at this meeting. Most Reverend John J. Leibrecht Chair, Ex Corde Ecclesiae Implementation Committee October 1998 ----------------------------------------------------------------- PART ONE: THEOLOGICAL AND PASTORAL PRINCIPLES 1. INTRODUCTION On August 15, 1990, Pope John Paul II issued an apostolic constitution on Catholic higher education entitled Ex Corde Ecclesiae.[1] The Apostolic Constitution described the identity and mission of Catholic colleges and universities and provided General Norms to help fulfill its vision. The General Norms are to be applied concretely by episcopal conferences, taking into account the status of each college and university and, as far as possible and appropriate, civil law. This document, while recognizing that the Apostolic Constitution Ex Corde Ecclesiae and its General Norms are to be observed as the academic legislation' of the Church, applies these through particular norms for the Roman Catholic Church in the United States. II THE ECCLESIOLOGICAL CONCEPT OF COMMUNION The Church is made up of individual faithful and communities with one another through many active ecclesial relationships. A true understanding of these dynamic relationships flows from the faith-conviction that the Triune God, through the incarnate Son, Jesus Christ, has revealed His desire to incorporate all of us into the life of the Trinity. It is in the Church, by the indwelling of the Holy Spirit, that this relationship of all persons and comes with the Triune God takes place. This body of dynamic relationships held together by the unity of faith is aptly described in the theological concept of communion.[2] From an ecclesial perspective, the dynamic of communion unites on a deeper and more productive level the various communities in the Church through which so much of her mission of salvation is carried out. More specifically, the ecclesiology of communion furnishes the basis for the collaborative relationships between the hierarchy and Catholic universities called for by Ex Corde Ecclesiae: "Every Catholic University is to maintain communion with the universal Church and the Holy See; it is to be in close communion with the local Church and in particular with the diocesan bishops of the region or the nation in which it is located. [3] The Catholic university is a vital institution in the communion of the Church and makes an important contribution to the Church's work of evangelization. [4]
The richness of communion illuminates the ecclesial relationship
that unites the distinct, and yet complementary, teaching roles
of bishops and Catholic universities. In the light of communion,
the teaching responsibilities of the hierarchy and of the
Catholic universities retain their distinctive autonomous nature
and goal but are joined as activities contributing to the
fulfillment of the Church's universal teaching mission. The
communion of the teaching functions of the bishops and of the
Catholic universities centers on the relationship between the
bishops' right and obligation to communicate and safeguard the
integrity of Church doctrine and the right and obligation of
Catholic universities to investigate, analyze and communicate
truths freely in communion on with the magisterium. Furthermore,
the communion between the bishop and the teacher of theology
furnishes the basis for the proper understanding and application
of the mandate of Canon 812.[5] The mandate simply attests that
the Catholic teacher of the theological disciplines carries out
his or her task in communion with the Church.
The communion of all the faithful, communities and structures
with the triune God and with one another is a theological reality
expressing the will of God. It is in understanding and living
this communion that bishops and Catholic universities most
effectively collaborate to fulfill their proper mission within
the Church. In carrying out this mission, the Catholic university
is uniquely situated in the search for truth to serve not only
the people of God but the entire human family "in their
pilgrimage to the transcendent goal which gives meaning to life."
[6]
III. THE CATHOLIC UNIVERSITY'S TWOFOLD RELATIONSHIP
Catholic universities [7] are participants in both the life of
the Church and the higher education enterprise of the United
States. As such, they "are called to continuous renewal, both as
'universities' and as 'Catholic.'" [8] This twofold relationship
is described in the May 22, 1994 joint document of the
Congregation for Catholic Education and the Pontifical Councils
for the Laity and for Culture, which states that the Catholic
university achieves its purpose when ... "it gives proof of being
rigorously serious as a member of the international community of
knowledge and expresses its Catholic identity through an explicit
link with the Church, at both local and universal levels - an
identity which marks concretely the life, the services and the
programs of the university community. In this way, by its very
existence, the Catholic university achieves its aim of
guaranteeing, in institutional form a Christian presence in the
university world." [9]
This relationship is clarified through dialogue that includes
faculty of all disciplines, students, staff, academic and other
officers, trustees, and sponsoring religious communities of the
educational institutions, all of whom share responsibility for
the character of Catholic higher education. The bishop and his
collaborators in the local Church are integral parties in this
dialogue.
The Catholic university is related to the entire ecclesial
community, [10] to the broader society, [11] as well as to the
higher education academy. [12] We are directing special
attention to the relationship between the institutions and Church
authorities. Ex Corde Ecclesiae provides one of the
ecclesiological principles to address this specific relationship.
"Bishops have a particular responsibility to promote Catholic
Universities, and especially to promote and assist in the
preservation and strengthening of their Catholic identity,
including the protection of their Catholic identity in relation
to civil authorities. This will be achieved more effectively if
close personal and pastoral relationships exist between
university and Church authorities, characterized by mutual trust,
close and consistent cooperation and continuing dialogue. Even
when they do not enter directly into the internal government of
the university, bishops "should be seen not as external agents
but as participants in the life of the Catholic university."
[italics added]. [13]
Each of these elements in the pastoral relationship of bishops
with Catholic universities warrants attention.
IV. MUTUAL TRUST BETWEEN UNIVERSITY AND CHURCH AUTHORITIES
Mutual trust goes beyond the personalities of those involved in
the relationship. The trust is grounded in a shared baptismal
belief in the truths that are rooted in Scripture and tradition,
as interpreted by the Church, concerning the mystery of the
Trinity: God the Father and Creator, who works even until now;
God the Son and incarnate Redeemer, who is the Way and the Truth
and the Life; and God the Holy Spirit, the Paraclete, whom the
Father and Son sent. In the spirit of communio, the relationship
of trust between university and Church authorities, based on
these shared beliefs with their secular and religious
implications, is fostered by mutual listening, by collaboration
that respects differing responsibilities and gifts, and by a
solidarity that mutually recognizes respective statutory
limitations and responsibilities.
V. CLOSE AND CONSISTENT COOPERATION BETWEEN UNIVERSITIES AND
CHURCH AUTHORITIES
Collaborating to integrate faith with life is a necessary part of
the "close personal and pastoral relationships" to which
universities and bishops aspire. Within their academic mission of
teaching and research, in ways appropriate to their own
constituencies and histories, including their sponsorship by
religious communities, institutions offer courses in Catholic
theology that reflect current scholarship and are in accord with
the authentic teaching of the church.
Many cooperative programs, related to Gospel outreach, already
flourish throughout the country. It is highly desirable that
representatives of both educational institutions and church
authorities jointly identify, study, and pursue solutions to
issues concerning social justice, human life and the needs of the
poor.
Allocations of personnel and money to assure the special
contributions of campus ministry are required. In view of the
presence on campus of persons of other religious traditions, it
is a concern of the whole church that ecumenical and
interreligious relationships should be fostered with sensitivity.
VI. CONTINUING DIALOGUE AMONG UNIVERSITIES REPRESENTATIVES AND
CHURCH AUTHORITIES
Dialogues occasioned by Ex Corde Ecclesiae are graced moments
characterized by:
1. a manifest openness to a further analysis and local
appropriation of Catholic identity;
2. an appreciation of the positive contributions that
campus-wide conversations make; and
3. a conviction that conversation can develop and sustain
relationships.
A need exists for continued attention and commitment to the
far-reaching implications - curricular, staffing, programming -
of major themes within Ex Corde Ecclesiae. These include Catholic
identity, communion, relating faith and culture, pastoral
outreach, the new evangelization, and relationship to the church.
VII. CATHOLIC IDENTITY
In 1979, Pope John Paul II, in an address to the Catholic
academic community at The Catholic University of America,
stressed the importance of the Catholic character of Catholic
institutions of higher learning:
"Every university or college is qualified by a specified mode of
being. Yours is the qualification of being Catholic, of
affirming God, his revelation and the Catholic Church as the
guardian and interpreter of that revelation. The term 'Catholic'
will never be a mere label either added or dropped according to
the pressures of varying factors. [15]
Catholic universities should excel in theological education,
prayer and liturgy, and works of charity. These religious
activities, however, do not alone make a university "Catholic."
Ex Corde Ecclesiae highlights four distinctive characteristics
that are essential for Catholic identity:
1. Christian inspiration in individuals and the university
community;
2. Reflection and research on human knowledge in the light
of the Catholic faith;
3. Fidelity to the Christian message in conformity with the
magisterium of the church;
4. Institutional commitment to the service of others. [16]
In order to maintain and safeguard its Catholic identity, every
Catholic university should set out clearly in its statutes or
mission statement or in some other internal document its Catholic
character and make every effort to enhance its communion with the
hierarchy so that through their relationship they may assist each
other to accomplish their mission.
In a secular world the strong Catholic identity of our institutes
of higher learning is an invaluable instrument of grace
witnessing to the relationship of truth and reason, the call of
the revealed Word, and the authentic meaning of life. "The
present age is in urgent need of this kind of disinterested
service, namely of proclaiming the meaning of truth, that
fundamental value without which freedom, justice and human
dignity are extinguished.
VIII. CONCLUSION
The bishops of the United States, in offering this application of
Ex Corde Ecclesiae, join in sentiments expressed by Pope John
Paul II:
"I turn to the whole church, convinced that Catholic universities
are essential to her growth and to the development of Christian
culture and human progress. For this reason, the entire
ecclesial community is invited to give its support to Catholic
institutions of higher education and to assist them in their
process of development and renewal." [18]
* * * * * * * *
PART TWO: PARTICULAR NORMS
ARTICLE 1. THE NATURE OF THE PARTICULAR NORMS
1. These particular norms are based on and apply the Code of
Canon Law, the general norms of Ex Corde Ecclesiae, and
complementary church legislation. [19] They are applicable to
all Catholic colleges, universities and institutions of higher
learning within the territory encompassed by the National
Conference of Catholic Bishops, contrary particular laws,
customs or privileges notwithstanding. [20]
2. Catholic universities are to observe the general norms of Ex
Corde Ecclesiae and the following particular norms as they apply
to their individual institutions, taking into account their own
statutes and, as far as possible and appropriate, relevant
provisions of applicable federal and state law, regulations and
procedures.
a) Those established or approved by the Holy See, by the
NCCB, by a group of diocesan bishops or by an individual
diocesan bishop and those established by a public juridic
person, such as a religious institute, are to incorporate, by
reference and in other appropriate ways the general and
particular norms into their governing documents and conform
their existing statutes to such norms. Within five years of the
effective date of these particular norms, they are to submit the
aforesaid incorporation for review and approval to the
university's competent ecclesiastical authority.
b) Other Catholic universities are to make the general and
particular norms their own, include them in the university's
official documentation by reference and in other appropriate
ways, and, as much as possible, conform their existing statutes
to such norms. These steps to ensure their Catholic identity are
to be carried out in agreement with the diocesan bishop of the
place where the seat of the university is situated. [21]
3. Those establishing or sponsoring a Catholic university have
an obligation to make certain that they will be able to carry
out their canonical duties in a way acceptable under relevant
provisions of applicable federal and state law, regulations and
procedures, reserving to themselves, insofar as possible, such
powers as to enable them to preserve and strengthen the Catholic
identity of the university. [22]
ARTICLE 2. THE NATURE OF A CATHOLIC UNIVERSITY
1. A Catholic university enjoys institutional autonomy, which
must be respected and promoted by all, so that, it may
effectively carry out its mission of freely searching for all
truth. [23]
2. Academic freedom is an essential component of a Catholic
university. The university should take steps to ensure that all
professors are accorded "a lawful freedom of inquiry and of
thought, and of freedom to express their minds humbly and
courageously about those matters in which they enjoy
competence." [24] In particular, "[t]hose who are engaged in
the sacred disciplines enjoy a lawful freedom of inquiry and of
prudently expressing their opinions on matters in which they
have expertise, while observing a due respect [debito obsequio]
for the magisterium of the church." [25]
3. With due regard for the common good and the need to safeguard
and promote the integrity and unity of the faith, the diocesan
bishop the duty to cognize, and promote the rightful academic
freedom of professors in Catholic universities in their search
for truth. [26]
4. Recognizing the dignity of the human person, a Catholic
university, in promoting its own Catholic identity and fostering
Catholic teaching and discipline, must respect the religious
liberty of every individual, a right with which each is endowed
by nature. [27]
5. A responsibility of every Catholic university is to affirm
its essential characteristics, in accord with the principles of
Ex Corde Ecclesiae, through public acknowledgment in its mission
statement and/or its other official documentation of its
canonical status [28] and its commitment to the elements of
Catholic identity, including but not limited to the following:
[29]
a) Commitment to be faithful to the teachings of the
Catholic Church;
b) Commitment to Catholic ideals, principles and attitudes
in carrying out research, teaching and all other university
activities, including activities of officially-recognized
student and faculty organizations and associations, and with due
regard for academic freedom and the conscience of every
individual; [30]
c) Commitment to serve others, particularly the poor,
underprivileged and vulnerable members of society;
d) Commitment of witness of the Catholic faith by Roman
Catholic teachers and administrators, especially those teaching
the theological disciplines, and acknowledgment and respect on
the part of non-Catholic teachers and administrators of the
university's Catholic identity and mission;
e) Commitment to provide courses for students on Catholic
moral and religious principles and their application to critical
issues such as human life and social justice;
f) Commitment to care pastorally for the students, faculty,
ministration and staff;
g) Commitment to provide personal services (health care,
counseling and guidance) to students, as well as administration
and faculty, in conformity with the Church's ethical and
religious teaching and directives.
6. The university (in particular, the trustees, administration,
and faculty) should take practical steps to implement its
mission statement in order to foster and strengthen at every
level its Catholic nature and character. [31]
ARTICLE 3. THE ESTABLISHMENT OF A CATHOLIC UNIVERSITY
1. A Catholic university may be established, or an existing
university approved, by the Holy See, the National Conference of
Catholic Bishops, or an individual diocesan bishop or group of
diocesan bishops. It may also be established by a religious
institute or some other public juridic person, or by individual
Catholics, acting singly or in association. [32]
2. At the time of its establishment the university should see to
it that its canonical status is identified, including the
ecclesiastical authority by which it has been established or
approved or to which it otherwise relates. [33]
ARTICLE 4. THE UNIVERSITY COMMUNITY
1. The responsibility for safeguarding and strengthening the
Catholic identity of the university rests primarily with the
university itself. All the members of the university community
are called to participate in this important task in accordance
with their specific roles: the board of trustees, the
administration and staff, the faculty, and the students. [34]
2. The Board of Trustees:
a) As much as possible, the majority of the board should be
faithful Catholics -- clergy, religious or lay.
b) Each member of the board must be committed to the
mission statement of the university.
c) The board should develop practical ways of relating to
and collaborating with the local bishop and diocesan agencies on
matters of mutual concern. [35]
d) The board should analyze ecclesiastical documents on
higher education, such as Ex Corde Ecclesiae and these
particular norms, and develop ways of implementing them in the
structure and life of the university.
e) The board should see to it that the university
periodically undertakes an internal review of the congruence of
its mission statement, its courses of instruction, its research
program, and its service activity with the ideals, principles
and norms expressed in Ex Corde Ecclesiae.
3. Administration and Staff
a) The university president should be a faithful Catholic.
[36]
b) The administration should inform faculty and staff at
the time of their appointment regarding the Catholic identity,
mission and religious practices of the university and encourage
them to participate, to the degree possible, in the spiritual
life of the university.
c) The administration should support the pastoral ministry
of the university.
d) The administration should be in dialogue with the local
bishop about ways of promoting Catholic identity and the
contribution that the university can make to the life of the
church in the area.
4. Faculty
a) In accordance with its procedures for the hiring and
retention of professionally qualified faculty and relevant
provisions of applicable federal and state law, regulations and
procedures, the university should recruit and appoint faithful
Catholics as professors so that, as much as possible, those
committed to the witness of the faith will constitute a
majority of the faculty. Professors who are not Catholic are
expected to be aware and respectful of the Catholic faith
tradition.
b) To the extent possible, the faculty, especially those
who are Catholic, should participate in the religious life and
activities of the university. Lectures on Catholic teaching
should be made available on a regular basis to members of the
administration and faculty.
c) All professors, especially those teaching the
theological disciplines, are expected to exhibit not only
academic competence but integrity of doctrine and good
character. [37] When these qualities are found to be lacking,
the university statutes are to specify the competent authority
and the process to be followed to remedy the situation. [38]
d) Catholic theology should be taught in every Catholic
university, and. if possible, a department or chair of Catholic
theology should be established. Academic events should be
organized on a regular basis to address theological issues,
especially those relative to the various disciplines taught in
the university. [39]
e) Both the university and the bishops, aware of the
contributions made by theologians to church and academy, have a
right to expect them to present authentic Catholic teaching.
Catholic professors of the theological disciplines, insofar as
they fulfill an ecclesial mandate obtained from a competent
ecclesiastical authority, have a corresponding duty to be
faithful to the church's magisteriurn as the authoritative
interpreter of sacred Scripture and sacred tradition.
f) Catholics who teach the theological disciplines in a
Catholic university are required to have a mandate granted by
competent ecclesiastical authority. [40]
1) The mandate is fundamentally an acknowledgment by
Church authority that a Catholic professor of a theological
discipline teaches within the full communion of the Catholic
Church. The acknowledgment recognizes that he or she is a
faithful Catholic, an active member of the church's communion
who teaches a theological discipline as a special ministry
within the church community.
2) The mandate recognizes the professor's commitment
and responsibility to teach authentic Catholic doctrine and to
refrain from putting forth as Catholic teaching anything
contrary to the church's magisterium.
3) The mandate should not be construed as an
appointment, authorization, delegation or approbation of one's
teaching by church authorities. Those who have received a
mandate teach in their own name in virtue of their Christian
initiation and their academic and professional competence, not
in the name of the bishop or of the church's magisterium. [41]
4) The following procedure is given to facilitate the
process of requesting and granting the mandate.
(a) The competent ecclesiastical authority to
grant the mandate is the bishop of the diocese in which the
Catholic university is located; he may grant the mandate
personally or through a delegate.
(b) The attestation or declaration of the
professor that he or she will teach in communion with the church
can be expressed by the profession of faith and oath of fidelity
or in any other reasonable manner acceptable to the one granting
the mandate.
(c) Without prejudice to the rights of the local
bishop, a mandate, once granted, remains in effect wherever and
as long as the professor teaches unless and until withdrawn by
competent ecclesiastical authority.
(d) The mandate should be given in writing to
provide the most secure manner of demonstrating the fulfillment
of canon 812. [42]
(e) The mandate can be denied or removed. In
either case, reasons for such an act should be given in writing
so that the person who deems his or her rights to have been
injured may seek recourse. [43]
(f) In matters relating to the mandate, the
university should maintain close contacts with the local
diocesan bishop.
5. Students
With due regard for the principles of religious liberty and
freedom of conscience, students should have the opportunity to
be educated in the church's moral and religious principles and
social teachings and to participate the life of faith. [44]
a) Catholic students have a right to receive from a
university instruction in authentic Catholic doctrine and
practice, especially from those who teach the theological
disciplines. They also have a right to be provided with
opportunities to practice the faith through participation in
Mass, the sacraments, religious devotions and other authentic
forms of Catholic spirituality.
b) Courses in Catholic doctrine and practice should be made
available to all students.
c) Catholic teaching should have a place, appropriate to
the subject matter, in the various disciplines taught in the
university. [45] Students should be provided with adequate
instruction on professional ethics and moral issues related to
their profession.
d) In accordance with the Church's teaching on the family,
the university should relate to its students within the context
of their individual situations, developing programs, to foster
and support family life.
ARTICLE 5. THE CATHOLIC UNIVERSITY WITHIN THE CHURCH
1. The Universal Church:
a) The university shall develop and maintain a plan for
fulfilling its mission as Catholic that communicates and
develops the Catholic intellectual tradition, is of service to
the church and society, and encourages the members of the
university community to grow in the practice of the faith. [46]
b) The university plan should address intellectual and
pastoral contributions to the mission of evangelization, [47]
service to the poor, social justice initiatives, and ecumenical
and interreligious activities.
2. The Local Church
a) In accordance with Church teaching and canon law, the
local bishop has a responsibility to promote the welfare of the
Catholic universities in his diocese and to watch over the
preservation and strengthening of their Catholic character. [48]
b) Bishops should, when appropriate, acknowledge publicly
the service of Catholic universities to the church and support
the institution's Catholic identity if it is unjustifiably
challenged.
c) Diocesan and university authorities should commit
themselves mutually to regular dialogues to achieve the goals of
Ex Corde Ecclesiae according to local needs and circumstances.
1) University authorities and the local diocesan
bishop should develop practical methods of collaboration that
are harmonious with the university's structure and statutes.
[49]
2) Similar forms of collaboration should also exist
between the university and the religious institute to which it
is related by establishment or tradition. [50]
d) "Doctrinal Responsibilities: Approaches to Promoting
Cooperation and Resolving Misunderstandings between Bishops and
Theologians," approved and published by the National Conference
of Catholic Bishops, June 17, 1989, can serve as a useful guide
for bishops, professors of the theological disciplines and
administrators of universities to promote informal cooperation
and collaboration in the Church's teaching mission and the
faithful observance within Catholic universities of the
principles of Catholic doctrine.
e) Disputes about Church doctrine should be resolved,
whenever possible, in an informal manner. At times, the
resolution of such matters may benefit from formal doctrinal
dialogue as proposed by "Doctrinal Responsibilities" and adapted
by the parties in question. [51]
f) When such disputes are not resolved within the limits of
informal or formal dialogue, they should be addressed in a
timely manner by the competent ecclesiastical authority through
appropriate doctrinal and a administrative actions, taking into
account the requirements of the common good and the rights of
the individuals and institutions involved.
g) The National Conference of Catholic Bishops, through an
appropriate committee structure, should continue to dialogue and
collaborate with the Catholic academic community and its
representative associations about ways of safeguarding and
promoting the ideals, principles and norms expressed in Ex Corde
Ecclesiae.
ARTICLE 6. PASTORAL MINISTRY
1. The diocesan bishop has overall responsibility for the
pastoral care of the university's students, faculty,
administration and staff.
2. The university, in cooperation with the diocesan bishop,
shall make provision for effective campus ministry programs,
including the sacraments, other liturgical celebrations, and
opportunities for prayer and spiritual reflection. [52]
3. When selecting pastoral ministers - priests, deacons,
religious and lay persons - to carry on the work of campus
ministry, the university authorities should work closely with
the diocesan bishop and interested religious. Priests and
deacons must enjoy pastoral faculties from the local ordinary in
order to exercise their ministry on campus.
4. With due regard for religious liberty and freedom of
conscience, the university, in cooperation with the diocesan
bishop, should collaborate in ecumenical and interfaith efforts
to care for the pastoral needs of students, faculty and other
university personnel who are not Catholic.
5. In these pastoral efforts, the university and the diocesan
bishop should take account of the prescriptions and
recommendations issued by the Holy See and the guidance and
pastoral statements of the National Conference of Catholic
Bishops. [53]
ARTICLE 7. COOPERATION
1. Catholic universities should commit themselves to cooperate
in a special way with other Catholic universities, institutions
and professional associations, in the United States and abroad,
in order to build up the entire Catholic academic community.
[54]
2. In collaborating with governmental agencies, regional
associations, and other universities, whether public or private,
Catholic universities should give corporate witness to and
promote the church's social teaching and its moral principles in
areas such as the fostering of peace and justice, respect for
all human life, the eradication of poverty and unjust
discrimination, the development of all peoples and the growth of
human culture. [55]
* * * * * * * *
NOTES
1. Pope John Paul II, Apostolic Constitution on Catholic
Universities Ex corde Bcclesiae, August 15, 1990, AAS 82 (1990)
pp. 1475-1509. English translation: Origins, CNS Documentary
Service, October 4, 1990 (cited throughout the remainder of this
document as ECE].
2. See Vatican Council II, Dogmatic Constitution on the Church
(Lumen Gentium) 4, 7, 9-29 (Chapter 11: the People of God) and
passim; Congregation for the Doctrine of the Faith, "Letter to
the Bishops of the Catholic Church on Some Aspects of the Church
Understood as Communion," Origins, 22 (1992),108-112; Catechism
of the Catholic Church, nn. 787-801,and passim; 1985
Extraordinary Synod of Bishops, "A Message to the People of
God," Origins 15 (1985),441-444, and "The Final Report," Origins
15 (1985),444-450.
3. ECE, II, Art. 5.1
4. ECE, I, n. 49.
5. "It is necessary that those who teach theological disciplines
in any institute of higher studies have a mandate from the
competent ecclesiastical authority." (c. 8 12)
6. ECE, I, 13, quoting- from "The Catholic University in the
Modem World," the final document of the Second International
Congress of Delegates of Catholic Universities, Rome, Nov.
20-29, 1972, Sec. 1.
7. For purposes of stylistic simplicity this document, in both
the "Preamble" and "Particular Norms," uses the word
"university" as a generic term to include universities, colleges
and other institutions of higher learning.
8. ECE, Introduction, n. 7.
9. "The Church's Presence in the University and in University
Culture,", 11, 2, Origins, June 16, 1994,74-80.
10. ECE, 1, nn. 27-29, 31.
11. Ibid, I, nn. 32-37.
12. Ibid., I, nn. 12,37; 11, Art. 7.1-7.2.
13. Ibid., 1, n. 28. The citation at the end is from John Paul
11, Address of Leaders of Catholic Higher Education, Xavier
University of Louisiana, U.S.A., 12 September 1987, n.4: AAS 80
(1988)764.
14. ECE, 1, n. 28.
15. Pope John Paul II, Address "Ad prope et exstantes sedes
Studiorum Universitatis Catholicae profectus hanc allocutionem
fecit ad moderatores et doctores eiusdem Athenaei atque ad
legatos Collegiorum Universitatumque Catholicarum totius
Nationis," October 6, 1979, AAS 71:13 (1979) 1260.
16. ECE, 1, n. 13.
17. ECE, 1, n. 4.
18. Ibid., Introduction, n. 11
19. See ECE, II, Art. 1.1 and 1.2.
20. ECE, II, Art. 11: "Any particular laws or customs presently
in effect that are contrary to this constitution are abolished.
Also, any privileges granted up to this day by the Holy See
whether to physical or moral persons that are contrary to this
present constitution are abolished." These Particular Norms are
not applicable to ecclesiastical universities and faculties
insofar as they are governed by Sapientia Christiana.
21. Cf. ECE, Art. 1, 13.
22. See canon 807 and ECE, Art. 3; Congregation for Catholic
Education, Directives to Assist in the Formulation of the
Ordinances for the Apostolic Constitution "Ex Corde Ecclesiae,
not dated, B1.
23. Institutional autonomy means that governance of an academic
institution is and remains internal to the institution itself.
See ECE , 1,12 and footnote I5; Vatican Council II, Pastoral
Constitution on the Church in the Modem World (Gaudium et Spes)
59; Declaration on Catholic Education (Gravissimum educationis)
10.
24. Vatican Council II, Church in the Modern World (Gaudium et
Spes) 62. A university's commitment to Catholic ideals,
principles and attitudes is not only consistent with academic
freedom and the integrity of secular subjects, it requires
"[f]reedom, in research and teaching"' and respect for "the
principles and methods of each individual discipline."
See ECE, II Art. 2.5
25. C. 218.
26. See ECE, II, Art. 2.5
27. The purpose of a Catholic university is education. Though
thoroughly imbued with Christian inspiration, the university's
Catholic identity should in no way be construed as an excuse for
religious indoctrination or proselytization. See Vatican
Council II, Declaration on Religious Liberty (Dignitatis
Humanae) 2-4.
28. See footnote 33 for a listing of canonical categories.
29. "[E]very Catholic university, as Catholic, must. have the
following essential characteristics:
1. A Christian inspiration not only of individuals but of
the university community as such.
2. A continuing reflection in the light of the Catholic
faith upon the growing treasury of human knowledge, to which it
seeks to contribute by its own research.
3. Fidelity to the Christian message as it comes to us
through the Church.
4. An institutional commitment to the service of the people
of God and of the human family in their pilgrimage to the
transcendent goal which gives meaning to life."
ECE, I,13 (quoting "The Catholic University in the Modern
World," the final document of the Second International Congress
of Delegates of Catholic Universities, Rome, Nov. 20-29, 1972,
See. 1 ].
30. See ECE, II, Art. 2.4-2.5.
31. In this regard,.the university may wish to establish a
"mission effectiveness committee" or some other appropriate
structure to develop methods by which Catholics may promote the
university's Catholic identity and those who are not Catholic
may acknowledge and respect this identity.
32. ECE, II, Art. 3.1-3.3. Note that, under Canon 322, private
associations of the faithful can acquire juridic personality by
the issuance of a formal decree of competent ecclesiastical
authority (¤ 1) and approval of their statutes, retaining, all
the while, their private character (¤2).
33. A Catholic university may be established by various
ecclesiastical authorities or entities (e.g., the Holy See) or
by individual Catholics. Moreover, the university maybe erected
as a self-standing public juridic person or it may be simply be
a complex "activity" or "apostolate" of a public juridic person.
The following alternatives outline different categories that
describe a Catholic university from the canonical perspective:
(a) The university as an apostolate of the Holy See. The
Holy See may erect a university or approve an already-
established university as an apostolate of the Holy See itself.
Such universities, which are sometimes granted the title of
"pontifical" are erected or approved by a decree of the Holy See
and their statutes must be approved by the Holy See. The
"competent ecclesiastical authority" to which such universities
are related is the Holy See through the Congregation for
Catholic Education.
(b) The university as an apostolate of the National
Conference of Catholic Bishops. An episcopal conference has the
right to erect a university or approve an already-established
university as an apostolate of the conference itself through the
issuance of a decree and approval of its statutes. The
"competent ecclesiastical authority" to which such a university
is related is the National Conference of Catholic Bishops.
(c) The university as an apostolate of a diocesan bishop or
a group of diocesan bishops. Diocesan bishops, acting
individually or jointly, have the right to erect a university or
approve an already-established university as a diocesan or
inter-diocesan apostolate through the issuance of a decree and
approval of its statutes. The "competent ecclesiastical
authority" to which such a university is related in the
individual diocesan bishop or the group of diocesan bishops
establishing or approving it.
(d) The university as an apostolate of a public juridic
person. A university may be established or approved as an
apostolate of a public juridic person (such as a religious
institute). In such cases the consent of the bishop of the
diocese in which the sea of the university is situated (or of a
group of bishops, the NCCB or the Holy See) and approval of its
statutes are required. Such a university relates to the public
juridic person that established or approved it and to the
diocesan bishop (or group of bishops, the NCCB or the Holy See)
as its "competent ecclesiastical authority."
(e) The university as a public juridic person. A university
may itself be erected as a public association of the faithful or
some other type of public juridic person (universitas rerum or
universitas personarum). Such juridic personality requires the
issuance of a decree of erection and approval of the Holy See,
the National Conference of Catholic Bishops, or an individual or
group of diocesan bishops.
(f) The university established by individuals. Individual
Catholics may found a university or convert an existing
university into a Catholic institution without its being
established or approved by the Holy See, the National Conference
of Catholic Bishops, individual diocesan bishops or a public
juridic person. Nonetheless, in accordance with canon 808,
such a university may refer to itself as Catholic only with the
consent of the competent ecclesiastical authority.
34. ECE, II, Art. 4,1. In these norms the phrases "board of
trustees," "president" and "administration" are used to denote
the highest bodies of governance within the university's
corporate and operational structure. If, in an individual case,
the university's governance uses a different structure or other
titles, the norms should be applied accordingly.
35. In individual situations, it may be possible and appropriate
to invite the diocesan bishop or his delegate to be a member of
the board itself. In other cases, arranging periodic meetings to
address the university's Catholic identity and mission may prove
more practical and effective.
36. Upon assuming the office of president for the first time, a
Catholic should take the prescribed profession of faith and oath
of fidelity (See canon 833.7; AAS 81 [1989] 104-106, 1169). When
a candidate who is not a Catholic is being considered for
appointment as president of a Catholic university, the
university should consult with the competent ecclesiastical
authority about the matter. In all cases, the president is
expected to uphold the university's Catholic identity and to
respect and promote Catholic principles and ideals.
37. The church's expectation of "integrity of doctrine" should
not be misconstrued to imply that a Catholic university's task
is to indoctrinate or proselytize its students. Educational
integrity requires that the teaching of secular subjects be
measured by the professional standards applicable and
appropriate to the individual disciplines. See above footnotes
24 and 27.
38. Canon. 810.1.
39. Gravissimum Educationis 10.
40. Canon 812 and ECE, II, Art. 4.3. "Mandate" is a technical
term referring to the juridical expression of the ecclesial
relationship of communion that exists between the church and the
Catholic teacher of a theological discipline in the Catholic
university. This special relationship is the basis for the
requirement in canon law that Catholics teaching the theological
disciplines take the prescribed profession of faith and oath of
fidelity at the start of their term (canon 833.7; AAS 81 (1989)
104-106, 1169). The phrase "theological disciplines" refers to
several area of teaching: sacred scripture; dogmatic theology;
moral theology, pastoral theology; canon law; liturgy; and
church history (canon 252.3).
41. The prescription of canon 812 is grounded in the right and
responsibility of bishops to safeguard the faithful teaching of
Catholic doctrine to the people of God and to assure the
authentic presentation of the church's magisterium. Those with
such a mandate are not agents of the magisterium; they teach in
their own name, not in the name of the bishop. Nonetheless,
they are not separate from the church's teaching mission.
Responding to their baptismal call their ecclesial task is to
teach, write and research for the benefit of the church and
within its communion. The mandate is essentially the recognition
of an ecclesial relationship between the professor and the
church (See canon 229.3).
Moreover, it is not the responsibility of a Catholic university
to seek the mandate; this is a personal obligation of each
professor. If a particular professor lacks a mandate and
continues to teach a theological discipline, the university must
determine what further action may be taken in accordance with
its own mission and statutes (cf canon 810.1).
42. Administrative acts in external forum must be in writing
(canon 37).
43. See canons 1732-1739.
44. In Gravissimum Educationis 10, the Vatican Council expressed
the hope that students in Catholic institutions of higher
learning will become "truly outstanding in learning, ready to
shoulder society's heavier burdens and to witness the faith to
the world.
45. See above footnotes 27 and 37.
46. See ECE, I,38ff and footnote 44.
47. See ECE, I, 48-49.
48. See ECE, II, Art 5.2.
49. The following are some suggestions for collaboration:
Arranging for the diocesan bishop or his delegate to be
involved in the university's governance, perhaps through
representation on the board of trustees or in some other
appropriate manner.
Sharing the university's annual report with the diocesan
bishop, especially in regard to matters affecting Catholic
identity.
Scheduling regular pastoral visits to the university on the
part of the diocesan bishop.
Collaborating on works of evangelization.
Conducting dialogues on matters of doctrine and pastoral
practice.
Resolving issues affecting the university's Catholic
identity in accordance with established procedures. (See ECE,
II, Art. 5.2 and ECE footnote 52.)
Participating together in ecumenical and inter-religious
endeavors.
Contributing to the diocesan process of formulating the
quinquennial report to the Holy See.
50. The following are some suggestions for collaboration:
Arranging for members of the religious institute to be
involved in the university's governance, perhaps through
representation on the board of trustees.
Sharing the university's annual report with the religious
institute, especially in regard to matters affecting Catholic
identity and the religious institute's charism.
Scheduling regular pastoral visits to the university on the
part of the religious institute's leadership and involving the
members of the institute in campus ministry.
Collaborating on evangelization and on the special works of
the religious institute.
Conducting dialogues on matters of doctrine and pastoral
practice and on the development of spirituality in accordance
with the religious institute's charism.
Resolving issues affecting the university's Catholic
identity in accordance with established procedures. (See ECE,
II, Art. 5.2 and ECE footnote 52.)
Participating together in ecumenical and inter-religious
endeavors.
Contributing together in the diocesan process of
formulating the quinquennial report to the Holy See.
51. National Conference of Catholic Bishops, Doctrinal
Responsibilities: Approaches to Promoting Cooperation and
Resolving Misunderstandings between Bishops and Theologians,
June 17,1989, Washington, D.C.: USCC, III, C, pp. 16-22.
52. See ECE, II, Art. 6.2.
53. See National Conference of Catholic Bishops, "Sons and
Daughters of the Light: A Pastoral Plan for Ministry with Young
Adults," Origins, November 28, 1996, 384-402, especially
398-401; "Utter to College Students," Origins, December 7, 1995,
429-430; Empowered by the Spirit, Washington, D.C.: USCC, 1985.
54. See ECE, I, 35.
55. See ECE, I, 32-35.
