Office of the Provost

CANONICAL STATUES OF THE ECCLESIASTICAL FACULTIES

OF THE CATHOLIC UNIVERSITY OF AMERICA

I. Preamble and General Statutes

1. Among the Schools of The Catholic University of America, the following have the canonical status of ecclesiastical faculties: The School of Philosophy, the Department of Canon Law (School of Religious Studies), and Department of Theology (School of Religious Studies).[1] These Faculties, however, are not exclusively ecclesiastical; they also have other academic programs which do not have canonical effects and to which these Statutes do not apply.

2. The Faculties have been canonically approved by the Apostolic See, foster and teach sacred doctrine and the disciplines related to it, and have the right to confer academic degrees by the authority of the Apostolic See (Sapientia christiana 2).

3. The Faculties are governed by the general policies and regulations of the University, with specific allowance for the matters governed by these Statutes or by norms of the Apostolic See pertinent to ecclesiastical programs of study.

4. The programs of the Faculties that have canonical effects are also recognized civilly, and the respective degrees are also conferred in virtue of the incorporation of the University by authority of the Congress of the United States of America (1887 and 1928).

5. The Faculties share in the University's recognition by the American academic community, in virtue of its accreditation by the Commission on Higher Education of the Middle States Association of Colleges and Schools and its membership in the Association of American Universities and the Association of Catholic Colleges and Universities.

6. With regard to programs that have exclusively civil effects, the Faculties have regulations proper to them, adopted in accord with University policies and regulations.

7. The Faculties observe the decisions of the Second Vatican Council affecting higher education, in particular the pastoral constitution Gaudium et spes 53‑62 and the declaration Gravissimum educationis, as well as the Code of Canon Law, canons 815‑821, and the apostolic constitution Sapientia christiana (April 15, 1979), together with the related Ordinationes (April 29, 1979). In relation to the ministerial education of candidates for the presbyterate, they also observe the conciliar decree Optatam totius and postconciliar documents of implementation, in particular the Code of Canon Law, canons 232‑264 passim, the Ratio Fundamentalis Institutionis Sacerdotalis of the Congregation for Catholic Education and the Program of Priestly Formation of the National Conference of Catholic Bishops.

8. Norms affecting ecclesiastical faculties which are found in the ecclesiastical legislation of the Second Vatican Council or the Apostolic See are not repeated in these Statutes.

9. The present Statutes are adopted by the Academic Senate of the University in consultation with the Faculties, subject to the approval of the Board of Trustees of the University and the Congregation for Catholic Education, and may be amended in the same manner (Bylaws of the University II, 8).

10. The Statutes constitute a special chapter of the Faculty Handbook and, when approved by the Board of Trustees, have the same force of law as do the Bylaws of the University (Bylaws II, 9).

II. Nature and Purpose of the Faculties

11. The Faculties share the aims of The Catholic University of America, as expressed in the objectives and historical preface of the Bylaws of the University.

12. The Faculties also share the goals of the University adopted by the Academic Senate and the Board of Trustees.

13. In addition, the Faculties have the following common aims:

a. To carry on research and instruction in theological, canonical, philosophical, and related studies.

b. To participate with all the Schools of the University in the discovery, preservation, and imparting of truth in such a way that studies in the arts, sciences, and professions may interact with religious and philosophical studies, to their reciprocal benefit and development.

c. To offer programs of professional and ministerial studies.

d. To assist, through their own programs of research and instruction, other institutions of religious studies, both in the vicinity of the University, in the United States, and in other countries.

III. Government of the Faculties

14. The Board of Trustees of The Catholic University of America consists of the members of the corporation, namely, at least sixteen members of the National Conference of Catholic Bishops (including up to five Cardinals) and other clerics, up to a total of twenty clerics; twenty lay persons (Bylaws I, 1); in addition, the Chancellor and the President of the University are members of the Board during the time they hold office (Bylaws IV, 2). A representative elected by the Schools of Philosophy and Religious Studies participates in meetings without vote (see Bylaws, I, 1).

15. The Board of Trustees exercises the same rights and responsibilities in relation to the Ecclesiastical Faculties as in relation to the other academic units of the University.

16. The direction and management of the affairs of the corporation and the control and disposal of its property is vested in the Board of Trustees (Bylaws II, 1), which reserves to itself the ultimate responsibility for governing the University and has the sole responsibility in fiscal matters (Bylaws II, 6). The corporation may not be dissolved nor may any other action be taken with respect to the termination or cessation of the operation of the University except by at least a three‑quarters vote of the full number of the Board of Trustees (Bylaws I, 4).

17. The Academic Senate, together with the President of the University (Bylaws II, 6), exercises, in relation to the Faculties, the rights and responsibilities attributed to it by the Bylaws (II, 6‑8) and the Constitution of the Academic Senate, which has the same force and effect as the Bylaws (II, 6). It shares with the President of the University the immediate responsibility for the academic governing of the University by establishing, maintaining, supervising, and in general being responsible for the academic policies of the University (Constitution I).

18. The Faculties are represented in the membership of the Academic Senate by the Deans of the Schools of Philosophy and Religious Studies and by members elected by the Schools of Philosophy and Religious Studies in accord with the Constitution of the Senate (II), including the non‑voting representative to the Board of Trustees also elected by them (see Bylaws I, 1).

19. The Archbishop of Washington is ex officio the Chancellor of the University (Bylaws VII, 1) and a member of the Board of Trustees (Bylaws IV, 2). He serves as liaison between the University and the Apostolic See and as liaison between the University and the National Conference of Catholic Bishops (Bylaws VII, 2).

20. The Chancellor is also the ecclesiastical Ordinary on whom the Faculties depend. Among his responsibilities are the following:[2]

a. To promote the progress of the Faculties, in themselves 'and in relation to the other Schools of the University, to advance learning and scholarship, and to see that Catholic doctrine is integrally taught and that the statutes and ecclesiastical norms are implemented.

b. To foster close relationships among all the members of the University community.

c. To foster the cooperation of the Faculties with the Archdiocese of Washington, with the other local churches of the United States, and with the Universal Church.

d. To report to the Congregation for Catholic Education the names of those appointed by the President of the University, after consultation with the respective School, the Dean of the School of Philosophy and Dean of the School of Religious Studies and, after consultation according to procedures adopted by the Academic Senate, the Chairman of the Department of Canon Law and Chairman of the Department of Theology (Bylaws VIII, 2, 3).

e. Together with the President of the University, to sign diplomas by which academic degrees with canonical effects are conferred upon candidates recommended by the Academic Senate.

f. To preside at the annual commencement exercises and confer the academic degrees that have canonical as well as civil effects.

g. To protect the doctrine and discipline of the Church, a responsibility he exercises in collaboration with the administration of the University and with the Faculties as a matter of collective responsibility and in accord with recognized academic procedures.

h. To inform the Congregation for Catholic Education of important matters affecting the Faculties and to send to the Congregation all required reports after they have been approved by the President of the University.

i. To transmit to the Congregation the Announcements of the University in which the detailed regulations and descriptions of courses for all canonical degree programs appear, as well as each new edition of all University manuals, handbooks, and other regulations which may affect the canonical degree programs.

21. The President of the University is elected by the Board of Trustees after a report by a Search Committee, which includes at least three faculty members of the University (Bylaws VII, 1).

22. The President is the chief executive officer of the University and of the Faculties. He exercises, in relation to them, the rights and responsibilities attributed to him in the Bylaws of the University (Bylaws VIII).

23. Other officers of administration exercise the rights and responsibilities delegated to them by the President of the University or, on his behalf, by the Executive Vice President.

24. In matters common to the Faculties and for the making of common rules and regulations under the authority of the Academic Senate, the members of the Faculties may be convened by the President, or, on his behalf, by the Academic Vice President or the Associate Academic Vice President for Graduate Studies.

25. The Council of the Faculties consists of the Dean of the School of Philosophy, the Chairman of the Department of Canon Law, the Chairman of the Department of Theology, an Ordinary or Associate Professor elected by each of the Faculties, together with the Dean of the School of Religious Studies, in which the Faculties of Canon Law and Theology are located, and the Academic Vice President (or the delegate of the Academic Vice President), who serves as Chairman.

26. The Council has the responsibility of coordinating the academic programs which have canonical effects and may act in matters common to the Faculties when delegated by the latter.

IV. Government of the Individual Faculties

27. Each of the Faculties is governed by the members who hold appointments, regular or ad interim, at the ranks of Ordinary Professor, Associate Professor, Assistant Professor, or Instructor, under the presidency of the Dean or Chairman.

28. In certain matters, especially in appointments and promotions and in consultation prior to the appointment of the Dean or Chairman of a Department, separate votes may be required of tenured members of a Faculty or of those higher in rank than a candidate for appointment or promotion. Otherwise, those who hold appointments in faculty rank (i.e., the rank of Instructor or higher rank) are members entitled to vote on matters before a Faculty.

29. Professors emeriti, adjunct members, and others with associate appointments may participate in the meetings of the Faculty without the right to vote.

30. The members of each faculty, in accord with regulations established by the Academic Senate, determine the number of student representatives who participate in the meetings of the Faculty and the extent of their participation.

31. The members of each Faculty elect a Secretary for a term of one year.

32. The minutes of the meetings of each Faculty should indicate when, in the consideration of matters related to the canonical degree programs, it acts as an Ecclesiastical Faculty, so that these programs, which have both canonical and civil effects, may be kept distinct from programs which have civil effects only.

33. Deans are appointed by the President of the University after consultation with the respective School (Bylaws VIII, 2) in accord with procedures established by the Academic Senate. Deans serve for a term of four years and are eligible for reappointment (Bylaws VIII, 2).

34. Chairmen are appointed by the President of the University after consultation according to procedures established by the Academic Senate (Bylaws VIII, 3), that is, upon recommendation by the respective Dean after consultation with the Faculty. Chairmen serve for a term of three years and are eligible for reappointment (Bylaws VIII, 3).

35. Under the authority of the President of the University, the administration of the Faculties resides respectively in the Dean of the School of Philosophy and, subject to the Dean of the School of Religious Studies, in the Chairmen of the Departments of Canon Law and Theology.

36. The respective Dean or Chairman has the following responsibilities:

a. To supervise the research and instruction carried on in the Faculty.

b. To preside at meetings of the Faculty except when the President of the University or his delegate presides or, in the case of the Departments of Canon Law and Theology, when the Dean of the School of Religious Studies presides.

c. To report to the President and the Academic Senate matters proposed by the Faculty.

d. To execute the decisions of the President and the Academic Senate and of the Faculty.

e. To submit an annual report to the President of the University.

37. The Faculties of Canon Law and Theology are departments of the School of Religious Studies and pursue their goals in collaboration with the other departments of the School.

38. The School of Religious Studies is governed by the members who hold faculty appointments, under the presidency of the Dean. The latter administers the School with the assistance of the Executive Council, composed of the Dean, the Chairmen of the departments, the Coordinator for Ministerial Studies, and the Coordinator for Undergraduate Studies.

V. 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.)[3]

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.

46.2. If requested by the member of the Faculty, the procedures of due process (Faculty Handbook, Part II, Section F-7) shall be employed.[4]

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).

49. The requirements for faculty rank and the procedures for appointment and promotion are those given in the Faculty Handbook (Part II, Section D).

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.

VI. Students of the Ecclesiastical Faculties

50. Students may be regular students, who are candidates for academic degrees; special students, who are not candidates for academic degrees; or auditors, who receive no academic credit.

51. Ministerial candidates follow programs of spiritual formation in their houses of residence, either Theological College, the University seminary, or their respective religious houses. These institutions and programs are separately governed, but the Faculties collaborate with the responsible authorities.

52. Admission to study is open to properly qualified men and women. Students are admitted to graduate programs upon the fulfillment of the minimum requirements of the bachelor's degree, other indications of preparation to pursue advanced study and research, official transcripts of undergraduate record and any other appropriate postsecondary studies, and two or more letters of recommendation from officials or faculty members of institutions previously attended. Students are admitted to undergraduate programs upon satisfying the requirements common to the other academic units of the University.

53. Additional requirements for admission may be prescribed by the individual Faculties.

54. The formal admission of students is made by the Dean.

55. Admission to study does not imply admission to candidacy for a degree nor does the successful completion of a degree program imply admission to study or to candidacy for the next higher degree. In all cases this is to be determined by the respective Faculty.

56. In the admission of students, the programs of studies, courses, and degrees of other ecclesiastical faculties are recognized and accepted, provided they are in conformity with the general regulations and standards established by the Academic Senate of the University.

57. In addition to the presence of students at meetings of the Board of Trustees and representation of students in the Academic Senate, the participation of students in the meetings of the Faculties and in committees of the Faculties is determined by the members of the Faculty who have a deliberative vote, in accord with Section IV, 3, of these Statutes.

VII. Programs of Study and Requirements for Degrees

58. The ecclesiastical degree programs of the Faculties are subject to the approval of the Academic Senate and the confirmation of the Board of Trustees and the Congregation for Catholic Education.

59. In addition to the residence, course, language, dissertation, and examination requirements of the University, specific requirements may be made by the respective Faculties.

60. It is the responsibility of the individual professor to determine, by examination or otherwise, whether a student has satisfactorily completed the requirements of a given course and to assign the proper grade.

61. It is the responsibility of the respective Faculty or of the appropriate committee acting on its behalf to determine whether a student has satisfied the requirements of comprehensive examinations, oral examinations for degrees, and dissertations and examinations, and to propose the names of candidates for degrees to the Academic Senate. In the case of the Departments of Canon Law and Theology, the proposal of candidates is made through the School of Religious Studies.

62. The form of comprehensive examinations, oral examinations for degrees, and doctoral examinations is determined by the respective Faculties with the approval of the Academic Senate.

63. The oral examination for the doctorate takes place after the dissertation committee, composed of the major professor and readers, has approved the submitted dissertation. The membership of the board, which is approved by the Associate Academic Vice President for Graduate Studies, and the conduct of the examination follow the norms and practices of the University or those approved for the canonical degrees by the Graduate Board and the Academic Senate.

64. The dissertation or thesis submitted in partial fulfillment of the requirements for the licentiate degree is deposited in the Library of the University.

65. Proposed doctoral dissertation topics and committees, after approval by the respective Faculty, are approved on behalf of the Academic Senate by the Associate Academic Vice President for Graduate Studies, who acts after consultation with the Doctoral Dissertation Advisory Committee.

66. The doctoral dissertation, which is to be deposited in the Library of the University, may be published by printing or by microfilm; in either case the abstract is printed. A printed or xerographic copy of the entire dissertation is forwarded to the Congregation for Catholic Education.

VIII. Library and Other Resources

67. Members of the Faculties and students have access to the Libraries of the University, including the divisional library in support of theology, philosophy, and canon law and other special collections. The conservation and growth of the collections in support of these disciplines are provided for by allocation of funds within the budget of the University libraries.

68. In addition, members of Faculties and students have access to the holdings of the Library of Congress, the libraries of the Consortium of Washington Universities and the Washington Theological Consortium, the libraries of neighboring religious houses of studies, and other special collections including the Folger Shakespeare Library, the National Library of Medicine, the Woodstock Library of Georgetown University, and Dumbarton Oaks Research Library.

69. The University computer and other facilities and laboratories are available for use by the Faculties.

IX. Officials and Assistants

70. The appointment, duties, and compensation and benefits of supporting staff of the Faculties are determined by University policy.

71. The principal member of the supporting staff of each Faculty is an administrative assistant.

X. Finances

72. The endowment and other assets of the University are held by the Board of Trustees and administered according to University policy, including funds for faculty compensation and student support within the Faculties.

73. The budget for instruction and research in the Faculties, which is approved by the Board of Trustees, is administered by the Dean of the School of Philosophy and, under the authority of the Dean of the School of Religious Studies, by the Chairmen of the Departments of Canon Law and Theology.

74. Faculty compensation and benefits as well as tuition and fees for students are determined by the Board of Trustees.

STATUTES OF THE ECCLESIASTICAL FACULTY OF CANON LAW

I. History and Purpose

75. Courses in canon law were offered in the School of Sacred Sciences from its beginning in 1889. The graduate program had sufficiently developed by 1916 so that a series of doctoral dissertations, Canon Law Studies, was initiated. Over 500 doctorates have been granted, and the living alumni number over 1,000. In 1923 the Department of Canon Law became a distinct university school erected as a pontifical faculty by authority of the Holy See. In 1941 the faculty established a quarterly journal, The Jurist. During and after the Second Vatican Council, the program of canonical studies was reoriented in the light of conciliar developments, and the School undertook new studies in Church administration. In 1973 it became again the Department of Canon Law in the School of Religious Studies, with a continuation of its programs and pontifical status. In accord with the Council's Declaration on Christian Education and the apostolic constitution Sapientia christiana, the Statutes were revised in 1980.

76. The purpose of instruction in this department is to familiarize the student with the entire body of ecclesiastical law, its development and interpretation. The courses are planned to prepare the student for the professional practice of canon law -- in diocesan and religious curias and in ecclesiastical tribunals ‑‑ for the teaching of canon law, and for scientific canonical research. In accord with this purpose the canonical degrees, Licentiate in Canon Law (J.C.L.) and Doctorate in Canon Law (J.C.D.), are awarded.

77. The primary orientation of courses offered in the department is the new Code of Canon Law promulgated by Pope John Paul II in 1983. Proper understanding and implementation of the provisions of the Code require not only acquired skill in the technicalities of legal interpretation but also a broad grasp of the historical, theological, and sociological factors which have contributed to its evolution. Courses in the department seek also to develop the ability to evaluate the strengths and weaknesses of the law in order to contribute to its ongoing refinement.

II. Government and Members

78. In the government of the Department of Canon Law and in the norms affecting faculty members, the Statutes of the Faculties and University regulations are followed.

III. Students

79. Student representatives may participate in departmental meetings and serve on departmental committees with a consultative vote.

IV. Program of Study

80. The First Cycle of the curriculum of studies lasts two semesters and includes those disciplines indicated as obligatory in the Norms of Application issued by the Congregation for Catholic Education for the correct implementation of the Apostolic Constitution, Sapientia christiana.

81. Students possessing a master's degree in theology or its equivalent (such as the completion of the philosophical and theological program required for priestly ordination) are normally presumed to have fulfilled the First Cycle so that they may be admitted to the Second Cycle. In individual cases, minor deficiencies may be supplied during the regular course of studies in the Second Cycle.

82. Students possessing a degree in civil law may be dispensed from certain course requirements at the discretion of the Faculty.

83. The Second Cycle lasts for two years or four semesters, which fulfill the residency requirement for the Licentiate.

84. The Second Cycle includes the study of all parts of the Code of Canon Law, other elements of the ius vigens, and the connected disciplines as indicated in the Norms of Application of the Apostolic Constitution, Sapientia christiana. Determination of required courses and the number of elective courses to be completed is made by the Faculty.

Each student must demonstrate a reading knowledge of one modern language, other than English, which is appropriate for canonical research.

85. The Third Cycle lasts for one year or two semesters, which fulfill the residence requirements for the Doctorate.

86. For admittance to this cycle the student must demonstrate a reading knowledge of an additional modern language appropriate for canonical research.

87. During this cycle the student is to be registered for dissertation guidance and to complete two courses or seminars each semester.

The student is expected to attend all classes in a course unless excused for cause. A grade is to be given in each course based on an examination and/or written research.

V. Academic Degrees

88. The licentiate degree (J.C.L.) is not awarded until the completion of the Second Cycle.

89. To obtain the licentiate, in addition to successful completion of the program of studies, the candidate must present a written essay which gives evidence of the capacity to do research in the field of canon law. It must prove the candidate's familiarity and ease with basic methods and techniques of research, technical mastery of a limited subject matter, and ability to exercise sound canonical judgment and formulate accurate conclusions.

90. The candidate must also complete a comprehensive examination for one hour in the presence of four professors on the entire ius vigens considered in the light of its doctrinal and historical context.

91. The doctorate (J.C.D.) is not awarded before the completion of the Third Cycle.