1. INTRODUCTION
On August 15, 1990, Pope John Paul II issued an apostolic constitution on Catholic higher education entitled Ex corde Ecclesiae. 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 1 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 communities 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 with the magisterium. Furthermore, the communion on 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 Iink 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 administrative 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 send. 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" 14 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, communio, 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 human life. "The present age is in urgent need of this kind of disinterested service, namely of proclaiming meaning the meaning of truth, that fundamental value without which freedom, justice and human dignity are extinguished.17
VIII. CONCLUSION
The bishops of the United States, in offering 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
* * * * * * * *
ART. 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 not withstanding20
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
ART. 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 magisteri um 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 has the duty to recognize, 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 status28 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, administration 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
ART. 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
ART. 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 magisterium 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.
ART. 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
a) 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.
b) 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
c) 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.
d) 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.
ART. 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 institutes. Priests and deacons must enjoy pas toral 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
ART. 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 Ecclesiae, 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," Origins15 (1985),441-444, and "The Final Report," Origins 15 (1985),444-450.
3. ECE, II, Art. 5, subsection 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 leaming.
8. ECE, Introduction, n. 7.
9. "The Church's Presence in the University and in University Culture,", 11, subsection 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, subsection 1-2.
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," Octobe r 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, subsection 1 subsection 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, subsection 3.
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, n. B 1.
23. Institutional autonomy means that governance of an academic institution is and remains internal to the institution itself. See ECE, 1, n. 12 and footnote IS; Vatican Council II, Pastoral Constitution on the Church in the Modem World (Gaudium el Spes) 59; Declaration on Catholic Education (Gravissimum educationis) 10.
24. Vatican Council II, Church in the Modem World (Gaudium el 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." ECE, II Art. 2, subsection 5
25. C. 218.
26. See ECE, 11, Art. 2, subsection 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 prosyletization. See Vatican Council II, Declaration on Religious Liberty (Dignitatis humanae) 24.
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, 1, n. 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, subsections 4-5.
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,-subsections 1-3. 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 (subsection 1) and approval of their statutes, retaining, all the while, their private character (subsection 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 as a self standing public juridic person or it may be simply be a complex "activity " or "apostolate" of a public juridic person. 'Me 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 ecclesiasti cal 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 ecclesia stical 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 is 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 seat 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, subsection 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 c. 833, subsection 7; AAS 81 [1989] 104106, 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. C. 810, subsection 1.
39. Gravissimum educationis 10.
40. C. 812 and ECE, 11, Art. 4, subsection 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 (c. 833, subsection 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 (c. 252, subsesction 3).
41. The prescription of canon 812 is grounded in the right and responsibility of bishops to safeguard that 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, subsection 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 8 10, subsection I).
42. Administrative acts in external forum must be in writing (c. 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, n. 38ff and footnote 44.
47. See ECE, I, nn. 4849.
48. See ECE, II, Art 5, subsection 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, 11, Art. 5, subsection 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, subsection 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, subsection 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; "Letter to College
Students," Origins, December 7, 1995, 429-430; Empowered by the Spirit,
Washington, D.C.: USCC, 1985.
54. See ECE, I, n. 35.
55. See ECE, I, nn. 32-35.