Faculty Handbook Part IV
Canonical Statutes of the Ecclesiastical Faculties
Contents
Section V: Members and Associates of Faculties
Members and Associates of Faculties
39. Appointments of members and associates of the Faculties are made in accord with the Faculty Handbook (Part II, Sections A and B).
40. Any full‑time service as a member of a Faculty previous to the conferral of continuous tenure is probationary and is governed by the regulations of the Faculty Handbook (Part II, Section B).
41. Upon the completion of procedures for the initial appointment of a member of an Ecclesiastical Faculty, the President of the University forwards to the Chancellor the application and dossier, including all relevant information and expressions of opinion regarding the appropriateness of the candidate's appointment, for the conferral of the canonical mission, in the case of those who teach disciplines pertaining to faith or morals, or for permission to teach, in the case of those who are not Catholics or who teach other disciplines. (See Sapientia christiana 26, .1; Ordinationes 18.)
42. The Chancellor grants the canonical mission to teach in the name of the Church or the permission to teach. The Chancellor will not deny the canonical mission or permission to teach without prior consultation with the members of the Board of Trustees who are also members of the National Conference of Catholic Bishops (Bylaws II, I), the President of the University, and the cognizant Committee(s) on Appointments and Promotions. The obligation of confidentiality is to be respected by all parties.
43. An appointment or reappointment with continuous tenure can be made only by authorization of the Board of Trustees in each case (Bylaws II, 7), after favorable review of the candidate in accord with the procedures and criteria established by the Academic Senate. (Faculty Handbook, Part II, Section C-8)
44.1. Prior to the action of the Board of Trustees appointing or reappointing a member of a Faculty with continuous tenure (Bylaws II, 7), the Episcopal members of the Board review the application and, by corporate decision, make a declaration to the Chancellor that there is no impediment to the appointment. (See Sapientia christiana 27, .2; Ordinationes 19.)
44.2. A negative decision by the Episcopal members of the Board will not be reported to the full Board until the President and the cognizant Committees on Appointment and Promotion have been consulted and the faculty member has been informed of the reasons. The obligation of confidentiality is to be respected by all parties.
44.3. If, after the process is completed, a negative decision is reached, the Episcopal members of the Board will report their reasons to the full Board through the Chancellor. The obligation of confidentiality is to be respected by all parties.
44.4. Otherwise appointments and reappointments with continuous tenure follow the procedures of the Faculty Handbook.
45. The termination of appointments because of the expiration of term, resignation, medical reasons, abolition of position, cessation of ecclesiastical obligations, or dismissal is governed by the regulation of the Faculty Handbook (Part II, Sections F and G).
46.1. After the grant of the canonical mission or permission to teach, the Chancellor may withdraw the mission or permission only for the most serious reasons and after providing information regarding specific charges and proofs.
47.1. In more serious or pressing cases, the Chancellor, with the concurrence of a majority of the Episcopal members of the Board, may suspend the member of the Faculty from teaching in an Ecclesiastical Faculty during the period of investigation.
47.2. The member of the Faculty will first be given a warning with an opportunity to respond in due time.
47.3. The Chancellor will not proceed to the suspension without first explaining his reasons, with the obligation of confidentiality, to the President of the University, to the respective Dean and Chairman, and to the member of the Faculty and seeking their opinion about the gravity of the situation.
47.4. A member of a Faculty so suspended will continue to receive full salary and benefits as long as the procedure for dismissal is not completed.
48. In an emergency case, the Chancellor may suspend a member of an Ecclesiastical Faculty if immediate harm to himself or others is threatened by his continuance (see Faculty Handbook, Part II, Section F-7).
These norms and practices concerning appointments to the Faculties are intended to assure fidelity to the revealing Word of God as it is transmitted by tradition and interpreted and safeguarded by the Magisterium of the Church and to safeguard academic freedom.
The members of the faculties and of the administration are aware of the existence of an agreement between the Chancellor and the Apostolic See regarding consultation of the Apostolic See prior to the making of this declaration by the episcopal members of the Board.
Last Revised 06-Jun-06 05:50 PM.