For Catholic Schools to Survive, Their Catholicity Must Thrive

/in , , /by

We hear a lot about the decline of Catholic schools, but maybe not enough.

The numbers are staggering: Catholic school enrollment has declined more than two-thirds in the last 50 years, from 5.2 million to 1.9 million students.

Even so, Catholic homeschoolers perceive significant growth in their numbers, with the freedom to explore a vast menu of resources that improve upon the stale textbooks used by many schools.

Catholic classical educators likewise see an increase in their ranks, not only among homeschoolers but in schools that have shifted toward the classical model or have been newly founded.

At The Cardinal Newman Society, we hear regularly from parents who are excited by the changes to Catholic schools promoted by their bishops.  These include the hard-won teacher standards championed by Archbishop Salvatore Cordileone of San Francisco.

So why the contradiction?  In certain quarters, families and educators are embracing faithful Catholic education with great enthusiasm.  And yet Catholic schools are still closing; we’ve lost nearly 20 percent of the schools that were in operation just 10 years ago, especially elementary schools.

The answer doesn’t come easily to those who define the crisis simply as a lack of students and money.  These are symptoms of deeper problems in our schools.  There have been too many misguided attempts to attract students and increase tuition revenues, donations and government subsidies.

These strategies are necessary and yet can harm Catholic schools if they ignore the far more serious problem: the diminishment of Catholic identity in recent decades.

Catholic schools in America once were the envy of the Western world, not because they sought prestige, but because they responded directly to the needs of Catholic families.  They embraced goals and methods of forming the mind, body and soul that could only have sprung from the Catholic faith.  Catholic education was excellent, precisely because it was Catholic.

Therefore, attracting families by reaching for secular standards and embracing the goals, methods, curricula and even textbooks of public education can be damaging to Catholic schools.  Ultimately, it fills schools with students who don’t value what we value.

The same can be said for attracting donors by the same methods.

Worse, in an age when both state and federal government are turning increasingly secularist, the pursuit of government aid can be, at best, a short-term solution to financial needs.  The day seems to be coming rapidly when Catholic schools may be permitted to uphold Catholic values only if they are free of government support.

So how do we address the crisis?

As evidenced by the success of many faithful Catholic schools today, I believe that the only path forward for schools that wish to both survive long-term and remain Catholic is to more robustly embrace the Church’s vision for Catholic schools.  I believe this for three reasons:

First, a secular society will only permit religious freedom—if it is permitted at all—to the most consistently and fervently religious schools.  In this, at least, the intolerance of the present age is having some positive impact, by motivating sincerely Catholic schools to establish clear and firm policies that are directly tied to Catholic teaching.

Second, the character of a school is determined largely by its teachers.  If Catholic education is to genuinely form young people to be fully human, it requires teachers who witness to the faith and morals, both inside and outside the classroom.  In today’s culture, hiring such teachers takes a special resolve on the part of school leaders who are firmly committed to faithful Catholic education, even in the face of potential lawsuits and pressure from both outside and within the Church.

Third, as more Catholic families turn to public schools and succumb to the zeitgeist of the age, the remaining market for Catholic schools will include higher concentrations of families who appreciate genuine Catholic education.  Already we are seeing how seriously Catholic schools are attracting students, donors and even local acclaim for their “old-fashioned” methods.  Other schools that strive for students by shedding Catholic identity may find the strategy short-lived, at least if they intend to continue as Catholic schools.

(A scholar recently commented to me that the closing of secularized schools represents the sort of “pruning of the vine” that Pope Benedict XVI predicted in the Church.  I suggested that it may be more akin to dead branches withering and falling away of their own accord, since every effort is being made to save them.  But the scholar’s point was that the Church ultimately benefits from the fruit of the healthy branches.)

No matter how desperate a school’s effort to gain students or financial support, it is even more important that it remains true to its mission and regains anything that has been lost in past years.  Catholic schools should:

Hire only teachers and leaders who embrace that mission and the Catholic faith.

Study and observe the key principles of Catholic education found in the Church’s rich teachings on the nature of the Catholic school.

Subscribe only to school and curriculum standards that explicitly uphold the Catholic school’s emphasis on evangelization and formation.

Establish student and personnel policies that explain and uphold Catholic moral teachings.

Fight vigorously for religious freedom, and permit no government encroachment on Catholic education.

Listen to parents and serve them in their task as the primary educators of their children.  Help children know and love their Savior.

Years from now, the surviving Catholic school is unlikely to be satisfied with meeting minimal obligations for retaining the Catholic label.  That’s not enough.

It’s the school where leaders and teachers are eager to provide the very best Catholic formation—to lead young people to Christ and to accompany them on the road to Heaven—that exemplifies the truly healthy Catholic school.  That’s something that families can rally around.

This article first appeared at The National Catholic Register.

Talk to Newman Guide College Presidents and Senior Staff

/in , /by

This talk was originally given at The Cardinal Newman Society Presidents’ Meeting in Washington, D.C. on January 20, 2016

Mr. Reilly, esteemed university presidents, dear friends in Christ,

I want to thank you for inviting me to join you for dinner this evening, and to offer a few remarks to you. This is an esteemed, august, and distinguished group, and I’m very humbled that you’ve invited me to offer a few remarks to you this evening.

I have been asked to speak to you about celebrating Catholic identity in the context of your universities and colleges. And in some ways, I feel ill equipped for that task—your institutions already represent some of the most Catholic places in our country—places where Catholic culture, intellectual life, and sacramental life flourishes in beautiful ways.

I am a graduate of a large, land-grant public university. (Rock Chalk Jayhawk!) And my diocese, the Diocese of Lincoln, does not have a Catholic university. But I do hope that I can offer a few thoughts that might be helpful to you in the important work you undertake.

I’d like to talk for a few moments about the Catholic University of Ireland, the university founded by my spiritual patron, Blessed John Henry Cardinal Newman.

Most of you know that Newman is probably the most famous English convert to the faith, a prolific writer and thinker, and most of you are very familiar with Newman’s Idea of a University. In fact, most of your institutions probably draw wisdom and guidance from Newman’s work. But you might not be as familiar with Newman’s term as the founding president of the Catholic University of Ireland. And the story might be instructive for you today.

In 1852, Newman was asked by the bishops of Ireland to be the founding rector of the Catholic University of Ireland.

He didn’t want the job. The Catholic University of Ireland was founded to compete with the anti-Catholic Queen’s University of Ireland, which forbade theology and undermined the Church’s mission. But Newman wasn’t sure the Irish bishops really understood what a Catholic university should be. He took the job, and began in 1854, only after the Holy Father asked him personally.

His first biographer, William Philip Ward, says that “the story of the next three or four years is a long drawn-out history of apparent failure.”

Newman clashed with the Irish bishops—especially Cardinal Cullen, the Archbishop of Dublin. Newman’s vision was a well-educated laity, formed in the humanities, as described in Idea of a University, which he developed as he began the project. But he felt the bishops wanted to found a sort of pre-seminary, whose sole focus would be training for future priests. They clashed over faculty appointments, curriculum, and authority. Newman felt that their promises were often broken. The bishops refused to allow him to accredit the college, which he thought it guaranteed its failure.

Newman’s work in Ireland, says Ward, “made no difference, and wasted his time.”

The clashes between Cardinal Cullen and Newman put the university in dire straits. Its enrollment was too low, its funding was unclear, and its episcopal leadership, at least from Newman’s perspective, expected him to “pick up the crumbs.”

In October of 1858, these frustrations came to a head. Cardinal Cullen had failed to approve Newman’s appointment of a vice-rector. A dean had been appointed without Newman’s approval. It was clear that he had been sidelined. In November, after a period of reflection, Newman tendered his resignation

The bishops of Ireland felt he had failed. Newman felt, in some ways, they had failed him. Some felt that he had failed the Holy Father. The faculty felt that his departure would lead to the University’s demise. And, in fact, the Catholic University of Ireland lasted only 50 years before it was absorbed in to the secular university it had originally sought to defeat.

Newman’s time in Ireland might be seen as a spectacular failure. But Newman believed that the Lord had called him there for a purpose, and had used his service there to further the Kingdom. He had honed and articulated a vision for education—and a vision for the Church—while he was in Ireland. He was now passionate about well-formed and active Catholic laity. And he believed the Lord had wanted that vision, and would use it.

He wrote to a friend. Resignation, he said, “does not prove that what I have written and planned will not take effect some time and somewhere, because it does not at once. For twenty years my book on the Arians was not heard of …

My Oxford University Sermons, preached out as long ago as seventeen years, are now attracting attention at Oxford. When I am gone something may come of what I have done at Dublin. And since I hope I did what I did not for the sake of man, not for the sake of the Irish hierarchy, not even for the Pope’s praise, but for the sake of God’s Church and God’s glory, I have nothing to regret and nothing to desire different from what is.”

The path of Providence, as he had seen before, had been dimly lit. But he believed that for all his failure, the Lord would use his work for great and beautiful good.

I want to make three points about Newman’s experience at the Catholic University of Ireland, and about your role in contemporary Catholic education.

The first point is that Providence is utilizing your faithfulness even when you cannot see it. Many of your colleges and universities are in precarious and difficult situations today. Many of you face real and clear threats because of your fidelity to the Gospel. For some of you, it is no exaggeration to say that your survival is at stake, in the face of threats to religious freedom. And some of you may wonder why the Lord is calling you to persevere in a culture so hostile to your mission and ministry. But, dear brothers and sisters, Providence is utilizing your faithfulness.

Whether your colleges are able to weather the storms, or whether you’re capsized by the winds of persecution, the Lord is utilizing your work, and calling you to faithfulness. Newman’s university did not survive. But the work that came out of his time there—especially Idea of a University—laid the groundwork for faithful and dynamic Catholic university education across the globe. The so-called “failure” of the Catholic University of Ireland was the catalyst for the good work that you’re now doing.

Newman wrote: “God has created me to do Him some definite service; He has committed some work to me which He has not committed to another. I have my mission—I never may know it in this life, but I shall be told it in the next. Somehow I am necessary for His purposes….a link in a chain, a bond of connection between persons. He has not created me for naught. I shall do good, I shall do His work.”

God has created and called your institutions to do some definite service. And in the tribulations that many of you face, you may not see what the purpose is. None of us see clearly the movement and intentions of the Holy Spirit.

But Providence lays the groundwork of the Lord’s will over time. And your work—whether blessed with worldly success or not—is guided by the hand of Providence. And the Church thanks you for your fidelity.

My second point is that our contemporary situation requires new and creative approaches to the mission of orthodox and dynamic Catholic higher education.

The Catholic University of Ireland, as Newman envisioned it, was a new approach to Catholic higher education. The idea of founding a university whose principal mission was the formation of a “well-educated laity,” seemed novel. To us, with the benefit of hindsight, the mission and methodology seems obvious. But consider that the bishops of Ireland had such difficulty envisioning the primacy of the liberal arts, and the role of lay faculty and administrators. At the time, Newman’s thoughts were considered revolutionary, and maybe even subversive.

We need a continued renaissance in our approaches to Catholic higher education. As an example, I should mention that some estimate 90% of American Catholic college students attend public universities. Some of them are poor, or new to this country, or the first in a family to attend college. Some of them are disinterested or poorly formed in the faith. Some of them are studying in programs that small colleges and universities cannot offer. And you know, far better than I, that their education and formation is not only bereft of a Catholic character, it is often hostile to the truths of the Gospel.

Catholic colleges and universities, if they are true to their mission, might spend time asking how they can support the Catholic intellectual and personal formation of these students.

My good friend Steve Minnis, president of Benedictine College, is here with us tonight. Benedictine has formed a partnership with the St. Lawrence Catholic Center to support Humanitas, a program of intellectual formation for freshman and sophomores at the University of Kansas. The University of Mary, under the leadership of Msgr. Shea, offers accredited courses at the University of Arizona.

In the Diocese of Lincoln, in partnership with our college seminary, we’ve begun the Newman Institute for Catholic Thought and Culture, which will offer accredited courses in the humanities to undergraduates at the University of Nebraska.

These partnerships and projects are not easy. They require an investment of time and financial resources. But they are evangelical, they have life-long impact on students, and they bring the mission of Catholic universities to students most in need of the Gospel. Graduates of these programs have a Catholic foundation, through which to understand their education in areas you might not offer: engineering, technology, biomedical sciences, etc.

Each of you has opportunities to serve and reach students who might never attend Cardinal Newman Society colleges. And in so doing, you’ll be instrumental in forming the network of “well-educated laity” who will build a culture of life.

My third point is that the Church needs you, even when she doesn’t realize it.

Newman bears witness to the challenges and difficulties an institution can face when the hierarchy does not understand or support its mission. He carried the feelings of mutual distrust, disappointment, and disenchantment with the local hierarchy—especially his bishop, Cardinal Cullen.

Many of the institutions represented in this room bear battle scars from difficult relationships with bishops or dioceses that have not always understood your mission. Many of you are, for understandable reasons, wary of collaboration with the local Church. But fidelity to the Gospel requires service to the universal Church and to the particular Church in which you operate. The Lord is calling you to serve the Church in precisely the places in which you are located.

And as a bishop, I can tell you that the Church, and the bishops in the United States especially, increasingly have an understanding and appreciation for what it is that you are doing.

I am 60 years old, and I’ve been a bishop for almost 8 years.  There was a time when I could call myself a young bishop—but increasingly, those days have passed me by!

In dioceses across the country, bishops younger than me, with an even greater appreciation for your mission, are being entrusted with important leadership positions. And the Lord, truly, is calling you to foster and cultivate relationships with them. Ex Corde Ecclessiae calls every Catholic college to “be in close communion with the local Church and in particular with the diocesan bishops of the region or nation in which it is located.”

Newman reminds us of the importance of fostering this communion. Of course, many of you are wondering how to go about this. And some of you have better ideas than I do. But I can tell you that bishops everywhere are concerned with the ongoing formation of their priests, teachers, and lay collaborators. And bishops are eager to find partners in advocating for the faith in the public square. And of course, bishops are concerned with fostering vocations. And finally, I can tell you something that you’ll identify with—most bishops are trying to fulfill their responsibilities while recognizing the reality that there never seems to enough money to get things done!

I’m being sincere when I say that your bishops are in need of the work that you’re doing. And I’m sincere when I say that many of you will experience real and authentic openness to communion and collaboration.

The question for you to consider is what service you can offer to the needs of the particular Church. Can you foster an interest in vocations to the diocesan priesthood, among your students and among other young men? Can you offer training and educational opportunities for diocesan priests, teachers, and leaders? Can you develop authentically Catholic schools of education? Can your accounting and finance faculty offer workshops on parish management and finance for pastors? Can you be a voice for the richness of the Church’s life in your own dioceses?

In the face of ever-greater secularization, bishops are searching for partners. And they’re eager for help. Now, more than ever, the imperative of communion with the local Church is critical to your success, and to the success of the Church’s mission.

Providence is guiding your work, dear brothers and sisters, even in the face of trials and difficulties. Providence is leading even when you cannot see the outcome. You can be at the forefront of continued renaissance in faithful Catholic higher education. You can be of great service to the particular Church. And you can be, and will be, blessed abundantly by the Father for your fidelity and generosity to the Gospel.

Thank you for your good work. May almighty God bless you, +

Teach, Witness and Advocate: Catholic Education’s Response to Secularism

/in , /by
Click here for PDF

This report was adapted from a lecture delivered as part of the Distinguished Speakers Series at Franciscan University of Steubenville on October 15, 2015

Introduction

The Catholic Church in the United States today faces serious challenges arising from secularism and an increasingly secular society, including growing threats to religious freedom.  But while Catholic education is a victim of these threats and can even—when done poorly—make matters worse, faithful Catholic education must be embraced as a key solution to the challenges that secularism poses to Christianity and as a primary means of the New Evangelization.

While the entire Church should renew its appreciation for the essential role of faithful Catholic education, it is most urgently the Catholic educator’s role to proclaim, defend, and witness to the value of Catholic education.  The Catholic educator’s response to secularism should be characterized by resistance to violations of religious freedom and public witness to the Faith and to the integrity of Catholic education—and not by compliance and silence.

Catholic educators cannot rely simply on legal and public policy efforts to preserve their institutions.  Even if the Church and her allies successfully fend off current threats to religious organizations in the courts or legislatures, the underlying crises of truth and faith are likely to persist, laying the groundwork for new violations of natural and constitutional freedoms.

Moreover, Catholic educators must not be tempted into silent compliance, even if they are able to identify moral and legal options for operating under government coercion.  Any action or commitment of the Catholic educator must avoid the risk of scandal and—even more—should have the intention and effect of teaching truth by explanation and example.  Catholic educators should vigorously assert their rights in a free society and use every available means within their competency and mission to defend the integrity of Catholic education.

Above all, Catholic educators can most effectively respond to secularism by better fulfilling their authentic, divinely inspired mission to evangelize by forming the human person.  They do so in their teaching to students and others, research and writing about key moral and social concerns, public witness to the Faith, advocacy for Catholic education, defense of the rightful autonomy of Catholic education from the state, and solidarity with others in each of these tasks.

It may seem an odd position that Catholic education is proposed as a solution to actual and threatened violations of religious freedom, when it is most certainly a victim of those same violations.  In an increasingly secular society, actors in all levels of government are attempting or threatening to abuse their powers and violate religious freedom in a manner that could damage, cripple, and ultimately bar Catholic education—including Catholic homeschools, schools, colleges, and universities.  Especially with regard to sexuality and gender, marriage, the sacredness of human life, and human dignity, a growing divide between Catholic teaching and social mores has motivated public policymakers and courts to show increasing insensitivity and even hostility to the demands of the Catholic faith upon believers and the fidelity that is necessary to Catholic apostolates and ministries.

Not only do these violations conflict with a school or college’s institutional commitment to a Catholic identity, but they also interfere with the ability of Catholic educators to teach and witness to the Faith.  In this sense, the impact of religious freedom violations is especially damaging to Catholic education.

Moreover, not only is Catholic education a victim of the growing threats to religious freedom, but where our Catholic institutions are marked by infidelity and indifference to their mission, Catholic education is also a contributing cause of this crisis.  The abuses of religious freedom—and secularism generally—are rooted in ignorance, misunderstanding, and often hostility to the truth about man and God.  This secular confusion both feeds and is fed by the scandal of Christian infidelity and poor catechesis and theology; many Catholics, together with many other Americans, are experiencing what Pope Benedict described as a “contemporary ‘crisis of truth’ [that] is rooted in a ‘crisis of faith’”.1

Weakened Catholic identity and dissent within our very own Catholic institutions—particularly many colleges and universities—sow greater confusion within the Church and society.  They also invite further encroachment upon the freedoms of religious institutions, because non-Catholics are understandably suspicious of the Church’s sincerity when she seeks legal exemption from government policies and regulations in order to uphold certain Catholic teachings and practices, but Catholic institutions and educators openly dissent from those same teachings and practices.

Nevertheless—or perhaps precisely because of the confusion that has crept into many Catholic educational institutions—faithful Catholic education is a necessary and primary solution for the Church in facing the challenges of secularism.  Catholic education, when done rightly, is that apostolate of the Church that seeks and communicates truth in the light of faith, forming the human person to know, love, and serve God.  That mission is urgently needed today.

According to Ex corde Ecclesiae, the 1990 apostolic constitution on Catholic universities, Catholic educators serve both the Church and society and fulfill their mission to teach “the whole truth about nature, man and God”.2  Especially in higher education, they engage in writing and research “so that the united endeavor of intelligence and faith will enable people to come to the full measure of their humanity, created in the image and likeness of God, renewed even more marvelously, after sin, in Christ, and called to shine forth in the light of the Spirit.”3

The Vatican Congregation for Catholic Education has taught that Catholic education is “a privileged means of promoting the formation of the whole man” and an instrument of evangelization, which is the Church’s mission in this world.4  Pope Francis has said that education is “key, key, key” to evangelization.5  Pope Benedict XVI said that Catholic education is “an essential resource for the new evangelization,” while cautioning that Catholic colleges especially “need to reaffirm their distinctive identity in fidelity to their founding ideals and the Church’s mission in service of the Gospel.”  He added, “It is no exaggeration to say that providing young people with a sound education in the faith represents the most urgent internal challenge facing the Catholic community in your country.”6  Saint Pope John Paul II said, “In the overall work of the new evangelization, the educational sector occupies a place of honor.”7

At a time when the New Evangelization has a limited focus on casting its nets wide but shallow, the Church should place increased priority on the deep, integral formation that Catholic education provides.  Catholic education, more than any other means of evangelization, helps ensure a lifelong commitment to the Faith and preparation of our young people for sainthood in an increasingly difficult and often hostile culture.

Catholic education, then, is itself an appropriate and necessary response to the contemporary crises of truth and faith that are the bases for a secularized culture and violations of religious freedom.  Nothing short of a substantially increased effort to educate Catholics in the Faith may be sufficient to protect against the dangers of a culture that is rapidly becoming what Blessed John Henry Newman called “simply irreligious.”8

First Response: Teach

The principal duty of the Catholic educator is to teach, and the Church in American society is in great need of this service.  Too much of education is no longer grounded in truth and “the fount of truth”,9 and young people are lacking in the most human faculties of reasoning and communication.

Catholic education forms students intellectually and in the Faith, and prepares them for service to society and for lifelong witness to the Faith.  In each respect, Catholic educators can fulfill their mission in ways that respond to secularism and its root causes.

A Catholic educator’s objective is to educate the student—to form the student intellectually and in relationship to God.  According to the 1977 Vatican document, The Catholic School, Catholic education’s “task is fundamentally a synthesis of culture and faith, and also of faith and life: the first is reached by integrating all the different aspects of human knowledge through the subjects taught, in the light of the Gospel; the second in the growth of the virtues characteristic of the Christian.”10

Saint Pope John Paul II said the vision of Catholic education has “its origin in the person of Christ and its roots in the teachings of the Gospel.  Catholic schools must seek not only to impart a quality education from the technical and professional standpoint, but also and above all provide for the integral formation of the human person.”11

The endeavor to interweave reason and faith, which has become the heart of individual subjects, makes for unity, articulation, and coordination, bringing forth within what is learnt in school a Christian vision of the world, of life, of culture, and of history.  In the Catholic school’s educational project there is no separation between time for learning and time for formation, between acquiring notions and growing in wisdom.  The various school subjects do not present only knowledge to be attained, but also values to be acquired and truths to be discovered.12

The Catholic college or university continues this formation.  Ex corde Ecclesiae says that students participate in “a continuing reflection in the light of the Catholic faith upon the growing treasury of human knowledge”.13  Their education combines “academic and professional development with formation in moral and religious principles and the social teachings of the Church”.14

Catholic education has not only an inward concern for the student’s own development, but also an outward concern for society and its evangelization.  According to the Vatican II declaration Gravissimum Educationis, Catholic education aspires that students “learn not only how to bear witness to the hope that is in them (cf. Peter 3:15) but also how to help in the Christian formation of the world that takes place when natural powers viewed in the full consideration of man redeemed by Christ contribute to the good of the whole society”.15 And Ex corde Ecclesiae demands that graduates should be prepared to “devote themselves to the service of society and of the Church, but at the same time prepared to give the witness of their faith to the world.”16

Catholic education responds to secularism by better ensuring that future generations of Americans know God, know the Catholic faith, and are capable of defending the Faith and religious freedom.  This simply fulfills the teaching mission of Catholic education, already embraced by faithfully Catholic schools, colleges, and universities.

But where is the evidence that students in Catholic schools, colleges, and universities today are graduating with adequate knowledge of the Faith and are living in fidelity to the Church’s moral and social teachings?  If Christian formation is the heart of Catholic education, it should also be the central focus of student outcomes measurements and periodic assessments to better ensure the results that we promise, followed by intensified efforts to improve those results.  This is a challenge even to the most faithful Catholic institutions, which need better instruments to document their degree of success in the formation to which they are publicly committed.

Do all of our Catholic schools, colleges, and universities put at least as much emphasis on Christian formation as on academic achievement and career preparation?  Is this reflected in our standards, curricula, course plans, choice of textbooks, extracurricular programs, and policies?  In our teachers and our hiring priorities?  In our celebration of the Sacraments, prayer, sacramental preparation, and other activities?  Are opportunities for formation simply made available to students, or are they integral to the student experience, with due respect for freedom of conscience?  Especially on college campuses, is there an implicit relativism that suggests a false equality between Christian formation and the practice of other religions?

With particular relevance to contemporary culture, a Catholic education—in partnership with parents—forms young people in sexual purity and provides understanding of the Church’s teaching with regard to sexuality, marriage, human dignity, and the sanctity of human life.  Today these truths are distorted and often attacked in American society, encouraging sympathy for laws that offend morality and violate the rights of Catholic institutions to uphold Catholic teachings.  Do the graduates of Catholic education embrace sexual morality and the true nature of marriage, counter to contemporary American culture?  Do they embrace the Church’s teaching on the sanctity of human life and the dignity of the human person?  Note that these are more than questions of institutional commitment to the faith; they require commitment to achieving outcomes and the promise of a sure formation of students.

How, then, does Catholic education make the further claim to prepare students for evangelization, to “give witness of their faith to the world”?  This objective requires inspiration and skills preparation that are largely absent from most Catholic school, college, and university programs of study.  This requires our attention, especially at a time when the Church is calling the laity to a New Evangelization.

Beyond teaching students, the extraordinary challenges facing Catholic education today should inspire educators to teach others in the Church and community, thereby confronting the ignorance that feeds violations of religious freedom.  The Church proclaims the benefits of Catholic education for both the student’s formation and “the common good of societies.”  According to Ex corde Ecclesiae, the Catholic college or university is committed to dialogue with culture and to be an “effective instrument of cultural progress for individuals as well as for society.”17  Catholic educators should consider ways of making their teaching available to ever-widening audiences, including non-Catholics, in ways that simultaneously benefit their institutions.

The Church’s efforts to make use of new technologies and methods of communication suggest ways that Catholic educators can share their teaching with society without significant distraction from the priority of teaching students.  Professors and teachers can be held out to news media as experts, providing a Catholic perspective when possible.  They can be publicly visible as bloggers and columnists, television and radio guests, and speakers at public events.  They can share classroom materials and even videos in all subjects to help adult Catholics and others learn what is presented to students, especially with regard to the integration of the Faith.  All of this enhances the reputation of Catholic institutions while increasing appreciation for the formation provided in Catholic education.

The secularization of American society invites Catholic educators to more vigorously seek ways of using their expertise for catechesis and evangelization in the community.  New apostolates or associations of educators joined together for this purpose would be an effective and valuable service to the Church and society.

Second Response: Research and Writing on Key Moral and Social Concerns?

In addition to teaching, Catholic college educators often make important contributions by their research and writing.  Focusing this work on the falsehoods that lie at the root of secularism and on the tragic consequences of secularism is a much-needed service of Catholic education today.

In elementary and secondary education, this begins with the “critical, systematic transmission of culture in the light of faith” in Catholic schools.18  Educators and students are called to examine culture and to consider how it should be transformed in the light of the Gospels.  This can be carried outside the classroom through social activities, events, lectures, debates, the arts, and other means of interacting with the surrounding culture.

But it is especially in Catholic higher education that educators are called to writing and research that serves the needs of the Church.  Despite observations that the West has already entered a “post-Christian” age, we are reminded of the hope expressed by Saint John Paul II in Ex corde Ecclesiae, that Catholic universities around the world:

…are for me a lively and promising sign of the fecundity of the Christian mind in the heart of every culture.  They give me a well-founded hope for a new flowering of Christian culture in the rich and varied context of our changing times, which certainly face serious challenges but which also bear so much promise under the action of the Spirit of truth and love.19

Ex corde Ecclesiae places special emphasis on the role of research in the Catholic university to help “discern and evaluate both the aspirations and the contradictions of modern culture, in order to make it more suited to the total development of individuals and peoples.”20

University research will seek to discover the roots and causes of the serious problems of our time, paying special attention to their ethical and religious dimensions.  If need be, a Catholic University must have the courage to speak uncomfortable truths which do not please public opinion, but which are necessary to safeguard the authentic good of society.

A specific priority is the need to examine the predominant values and norms of modern society and culture in a Christian perspective, and the responsibility to try to communicate to society those ethical and religious principles which give full meaning to human life.21

Catholic educators, especially in higher education, could support the Church’s response to secularism and its root causes by engaging in a variety of research and writing projects.  Already some of the best arguments for religious freedom and its legal defense have come out of universities, including some Catholic institutions.  Much more can be done to marshal college and university resources—the most precious of which is the expertise of faculty members—to provide intellectual support, gather valuable information, and analyze the strategies and activities of the Church’s many apostolates.

In particular, the violations of religious freedom impel Catholic educators to place priority on research that directly supports efforts to defend the Church’s institutions or addresses the needs of apostolates and ministries that are focused on the issues central to most violations: sexuality and gender, marriage, the sacredness of human life, and human dignity.  While much valuable research has already been provided by professors in Catholic colleges and universities, it cannot be said that their faculties are, as a whole, as committed to this work as the times require.

In his First Things article a few months ago, proposing various preparations for the 2015 Synod on the Family, George Weigel provided an example of the myriad ways scholars could provide valuable support for the Church’s mission.  He wrote:

More data should be brought forward—and [it is] abundantly available—to demonstrate that the Church’s idea of permanent and fruitful marriage, like the Church’s teaching on the appropriate means of regulating fertility, makes for happier marriages, happier families, happier children, and more-benevolent societies than does the deconstruction of marriage and the family that is inundating the West like a tsunami.  In teaching the truth about marriage, about love, and about the complementarity of the sexes, the Catholic Church is proposing the path to happiness and human flourishing, not the road to repression and misery.  It should make a bold, data-driven case in defense of that teaching, which is a defense of the dignity of the human person.22

It is this sort of “bold, data-driven” research and argument that is needed from Catholic scholars to address not only issues concerning marriage, but all the issues that feed a cultural disdain for the Catholic Church and are consequences of secularism.

Third Response: Public Witness to the Faith

Catholic educators are called to be witnesses to the Faith.  That witness is greatly needed today, both inside and outside the classroom.

Catholic education, by definition, assumes fidelity to the magisterium of the Church.  According to Canon Law, “The instruction and education in a Catholic school must be grounded in the principles of Catholic doctrine. …”23  Ex corde Ecclesiae requires that a Catholic college or university “informs and carries out its research, teaching, and all other activities with Catholic ideals, principles, and attitudes. …Catholic teaching and discipline are to influence all university activities, while the freedom of conscience of each person is to be fully respected.  Any official action of commitment of the university is to be in accord with its Catholic identity.”24

Such fidelity depends most heavily on the witness of the educators themselves.  In schools, says Canon Law, “teachers are to be outstanding in correct doctrine and integrity of life”.25  In colleges and universities, requires Ex corde Ecclesiae, “all Catholic teachers are to be faithful to, and all other teachers are to respect, Catholic doctrine and morals in their research and teaching”.26

There is great value to the Church and society in the very example of Catholic educators who remain steadfastly committed to Christian formation in complete fidelity to the magisterium of the Church—especially when such formation is contrary to the norms of secular culture and defies government threats and laws violating religious freedom.  Such educators provide an important public witness to the authentic purpose and value of Catholic schools, colleges, and universities.  Such witness creates opportunities to explain and demonstrate to policymakers and the American public why many Catholic institutions are unwilling to compromise their fidelity to Catholic teaching when faced with government coercion.

This witness is all the more important amid the current crisis of Catholic identity within Catholic education.  Many institutions today fail in significant and public ways to uphold their mission, thereby promoting confusion and doubt regarding the necessity of freedoms that protect religious education.  By contrast, faithfully Catholic schools, colleges, and universities can be effective and much-needed models of Catholic education within the Church and society, demonstrating why religious freedom remains valuable and necessary to preserving their integrity.

There have been substantial efforts in recent decades to strengthen the Catholic identity of schools, colleges, and universities—and also to establish new, lay-directed schools and colleges that are often extraordinary in the formation provided to students—but the present threats increase the urgency for such efforts.  The Church is in great need of their witness and their courage to stand against violations of religious freedom and protect the integrity of Catholic education.  Those institutions that do so may be weakened financially and in their ability to compete for students and employees; the Church should not abandon them to that fate, but should substantially increase support for such institutions in recognition of their great importance and with gratitude for their example.

Fourth Response: Defense of the Rightful Autonomy of Catholic Education from the State

Inherently connected to the mission of the Catholic educator is the obligation to explain and, when necessary, to defend that mission.  This is greatly needed today, amid increasing government threats to religious freedom.

Catholic educators provide a vital service not only to the Church, but as Pope Benedict said to American educators in 2008, they “truly serve society”.27  The benefits to both Church and society need to be proclaimed loudly in defense against the threats to educators’ ability to provide authentic Catholic teaching and formation.  Catholic educators should appeal to the Church for her public witness to the value of Catholic education, but primary responsibility rests upon Catholic educators themselves to more convincingly argue their place in the Church and society and to celebrate their contributions.

Within the Church, not only does Catholic education suffer from declining enrollment and financial hardship in elementary and secondary schools, but there appears to be declining appreciation for the unique benefits of Catholic education at all levels.  This is greatly exacerbated by the crisis of Catholic identity in Catholic education, with many Catholics no longer aware of the significant impact that an authentic Catholic education can have for a young person.  A vigorous defense of traditional Catholic education and proposals for its renewal are urgently needed.  Catholic educators can also do much to help Catholics better understand and appreciate what they do and why it has such great importance for the Christian formation of young Catholics.

In addition, the case must be made more convincingly for the rights of Catholic educators amid the pluralism of American society.  Again citing the Vatican document, The Catholic School:

The Church upholds the principle of a plurality of school systems in order to safeguard her objectives in the face of cultural pluralism.  In other words, she encourages the co-existence and, if possible, the cooperation of diverse educational institutions which will allow young people to be formed by value judgments based on a specific view of the world and to be trained to take an active part in the construction of a community through which the building of society itself is promoted.

Thus, while policies and opportunities differ from place to place, the Catholic school has its place in any national school system.  By offering such an alternative, the Church wishes to respond to the obvious need for cooperation in a society characterized by cultural pluralism.  Moreover, in this way she helps to promote that freedom of teaching which champions and guarantees freedom of conscience and the parental right to choose the school best suited to parents’ educational purpose.

…In fact, as the State increasingly takes control of education and establishes its own so-called neutral and monolithic system, the survival of those natural communities, based on a shared concept of life, is threatened.  Faced with this situation, the Catholic school offers an alternative which is in conformity with the wishes of the members of the community of the Church.28

Included in this is a defense of the rights of parents in a free society to direct the education of their children and to choose authentic Catholic education that is not compromised by government mandate.  Saint Pope John Paul II wrote in Ecclesia in America:

To carry out [her] tasks, the Church in America requires a degree of freedom in the field of education; this is not to be seen as a privilege but as a right, in virtue of the evangelizing mission entrusted to the Church by the Lord.  Furthermore, parents have a fundamental and primary right to make decisions about the education of their children; consequently, Catholic parents must be able to choose an education in harmony with their religious convictions.  The function of the State in this area is subsidiarity; the State has the duty “to ensure that education is available to all and to respect and defend freedom of instruction.  A State monopoly in this area must be condemned as a form of totalitarianism which violates the fundamental rights which it ought to defend, especially the right of parents to provide religious education for their children.  The family is the place where the education of the person primarily takes place.29

The place of Catholic colleges and universities in American society must also be vigorously promoted and defended.  According to Ex corde Ecclesiae:

Catholic Universities join other private and public Institutions in serving the public interest through higher education and research; they are one among the variety of different types of institution that are necessary for the free expression of cultural diversity, and they are committed to the promotion of solidarity and its meaning in society and in the world.  Therefore they have the full right to expect that civil society and public authorities will recognize and defend their institutional autonomy and academic freedom…30

Fifth Response: Solidarity with Others in Responding to Secularism

My final suggestion is for increased collaboration both within and without the Catholic Church in pursuing these tasks.  In all of this, the Catholic educator is united with the Church and others who seek the common good.  Collaboration should be desired and invited to increase the effect of the educator’s efforts and to promote Christian unity and charity.

The Code of Canon Law states that the Church’s bishops have “the duty of arranging everything so that all the faithful have a Catholic education,”31 “to establish and direct schools,”32 to consent to use of the label Catholic,33 and to “watch over” and regulate Catholic education.34  In higher education, according to Ex corde Ecclesiae:

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.35

Collaboration to promote and defend Catholic education is an important expression of the close relationship between Catholic educators and their bishops.  Catholic educators should communicate frequently with their bishops to ensure the Church’s guidance and to encourage support for their protection and mission.  The Church should expect educators’ vigorous defense of that mission, and educators who courageously engage in self-defense should expect the full support and assistance of their bishops.

Canon law also calls on “the Christian faithful” to “foster Catholic schools, assisting in their establishment and maintenance according to their means,”36 and to “strive so that in civil society the laws which regulate the formation of youth also provide for their religious and moral education in the schools themselves, according to the conscience of the parents.”37  Also, “the entire ecclesial Community is invited to give its support to Catholic Institutions of higher education and… in a special way to guard the rights and freedoms of these Institutions in civil society.”38

Partnerships with Catholic laity and Catholic apostolates, then, are to be encouraged when confronting violations of religious freedom.  Those apostolates that are independently engaged in such efforts should be encouraged to recognize the high priority of preserving faithful Catholic education and supporting its mission as itself necessary to the protection of the rights of the Church.

In fulfilling their mission, Catholic educators should look especially to other Catholic educators and schools, colleges, and universities for mutual support.  There is a great need for unity and a shared response to government aggression.  Ex corde Ecclesiae prescribes collaboration among Catholic scholars as “imperative” in university research, emphasizing “various national and international associations.”39  If existing structures for scholars and institutions do not sufficiently provide the mission-centered support and assistance that is needed for research and communication with the government, American bishops, and Vatican, then the times may call for new associations to meet urgent needs.

Finally, Catholic educators should look to the shared experience and collaboration of scholars and leaders from other religions.  In particular, Catholic and other Christian educators share many common concerns, and the latter’s commitment to Christian formation is often very similar to that of the most faithful Catholic schools, colleges, and universities.  The Cardinal Newman Society has had much fruitful collaboration especially with Evangelical Christian educators who share most of our concerns about threats to religious freedom.  Cooperation with associations of Christian scholars, schools, colleges, and universities would prove valuable, I am certain.

Conclusion: Resistance and Witness

The value of Catholic education is reason enough for a vigorous defense and efforts to preserve it, when confronted by secularism and government violations of religious freedom.  But to return to an earlier point, survival alone—if it means silent acquiescence to the law—is insufficient and even dangerous, for it would so compromise the mission of Catholic education that it surely would not survive in any authentic form.

That is because the very mission of Catholic education requires assent to the truth and to God, the fount of truth, in all its activities.  That calls for so much more than quiet compliance with laws that conflict with Catholic morality.  Any government coercion that would compromise Catholic education must be resisted according to the methods and competencies of Catholic educators, in collaboration with each other and with the Church and her allies.

Resistance, however, cannot depend solely or even primarily on legal and public policy responses.  Catholic educators must confront secularism by the most effective means possible—that is, by better fulfilling their authentic, divinely inspired mission to evangelize by forming the human person.  In the ways suggested above and more, Catholic educators should be committed to authentic teaching, research and writing about key moral and social concerns, public witness to the Faith, advocacy for Catholic education, defense of the rightful autonomy of Catholic education from the state, and solidarity with others in each of these tasks.

More than ever, the urgency of the times invites Catholic educators to courageously witness to the Faith and to the great value of Catholic education.  This witness is demonstrated most clearly in their consistent and perhaps courageous presentation of faithful Catholic education despite growing difficulties.  The steadfast support of the Catholic bishops, clergy, religious, and laity to this project will, by God’s grace, bring many blessings to the Church and to American society.

 

Faith and Morals Language in Catholic School Teacher Employment Documents: A Compilation from Diocesan Statements, Handbooks and Contracts

/in , /by
Click here for PDF


This compilation is a companion to the Cardinal Newman Society’s analysis, Faith and Morals Language in Catholic School Teacher Employment Documents: Best Practices Brief. It provides additional source material for the reader to consider when researching and reviewing faith and morals clauses in diocesan employment documents for Catholic school teachers.

Diocesan policies and statements regarding teachers were collected in the second quarter of 2015 primarily from documents publicly available on the Internet, and in some cases by direct contact with a diocese.  This compilation reflects materials from more than 125 dioceses.  If a diocese is not included in this sample, it does not necessarily mean that the diocese does not address faith and moral issues in its employment documents, but only reflects our inability to obtain such documents.  An additional thirty-four dioceses, not represented in this compilation, have faith and morals statements referenced in their “Safe Environment” policies.  As these are relatively generic statements clarifying that employees and volunteers must reflect Catholic teaching and morality in their work and in their interactions with others, only a few examples of this type are presented.  Those dioceses that are not fully represented in this compilation, have revised the cited documents, or have created new documents are invited to share their corrections, updates, or additions by contacting ddonohue@newmansociety.org.

The following excerpts have been taken from longer documents and formatted for consistency.  Because referenced documents are likely to change over time, direct contact with a diocese is the only way to ensure up-to-date accuracy.

The Cardinal Newman Society’s researchers are currently using this collection in forthcoming research on this topic.  The hope is that by making this raw, compiled data readily available to Church officials, it might prove helpful for them as they evaluate their own practices.  This document is not presented as legal advice.  Catholic school leaders are encouraged to speak with each other and with their attorneys about their approaches to critical employment issues.  As a corollary to this piece, the Newman Society has published a comprehensive overview of the Magisterium’s expectations of its Catholic teachers, The Call to Teach: Expectations for Catholic Educators in Magisterial Teaching.

The sections herein mirror the section dividers for the companion piece, Faith and Morals Language in Catholic School Teacher Employment Documents: Best Practices Brief, as follows:

  1. Pre-Application and Application Statements
  2. Stand-Alone Faith and Morality Documents
    1. Bishops’ Statements Incorporated into Employment Agreements
    2. Morality Statements
    3. Witness Statements
    4. Belief Statements/Oaths
  3. Contract and Handbook Language
    1. Generic Morals Clause Language: Positive and Negative
    2. Specific Language within Employment Documents
    3. Addendums
  4. Handbook-based policies
  5. Description of Teachers as “Ministers” and Ministry Clauses
  6. Safe Environment Documents

Pre-Application and Application Statements

Diocese of Arlington1 Application Attestation The Catholic Diocese of Arlington, an equal opportunity employer, does not—because of race, color, creed, religion, ancestry, age, sex, martial status, national origin, physical or mental disability or handicap, or veteran status—fail or refuse to hire qualified applicants. The Diocese reserves the right, however, to determine whether and under what circumstances priority should be given to Catholics for certain employment positions. In addition, for Catholic employees, conformance with religious tenets of the Catholic faith is a condition of employment, and all employees are prohibited from performing, teaching, or advocating any practices or doctrines which are inconsistent with religious tenets of the Catholic faith.

Diocese of Evansville2 Teacher Application

Please read carefully: The Catholic Diocese of Evansville is an equal opportunity employer and does not discriminate or deny services on the basis of race, color, national origin, sex, disability, or age. Because of their participation in teaching the religious precepts of the Catholic Church and duty to serve as role models for their students, teachers in the schools of the Catholic Diocese of Evansville are required to maintain a lifestyle, including marital status, in harmony with the teachings of the faith of the Catholic Church. For example, if an applicant for a teaching position is living in a marriage that is not recognized as valid according to the law of the Church, that applicant will not be hired before the prior marriage has been declare null or dissolved so that the present marriage can be validated in accord with Church law. These provisions also apply to one’s present spouse. If a teacher already employed by the Diocese attempts a marriage or enters a lifestyle that cannot be recognized as valid according to Church law, he or she will be terminated. Teachers are expected by their actions to be a Catholic example to students including demonstrating their faith as practicing Catholic (which includes regular Catholic Church attendance). Catholic teachers, who renounce by their word or acts the teachings of the Catholic Church (including, for example, becoming a member of another church) will be subject to termination for cause or non-renewal of contract for the next school year. The requirement that a teacher’s marital status be in harmony with the teaching and faith of the Church applies to non-Catholic as well as Catholic. The Church recognizes a first marriage of two persons who are not Catholic and the presumption of validity applies to the first marriage until the contrary is proven. The prior valid bond is a natural law impediment and would render a subsequent marriage invalid according to the law of the Catholic Church.

Diocese of Ogdensburg3 Application Attestation

I recognize that this position involves ministry in the Roman Catholic Church and requires me to proclaim the Gospel and the authentic teaching of the Roman Catholic Church.  This ministry and proclamation requires my own faithful witness to the Gospel and teachings of the Church.  In particular, I understand and accept that by my own example and lifestyle I must be faithful to the Church’s teachings.  Accordingly, I promise to fulfill the functions of the position faithfully according to the manner determined by law, Diocesan policy or by the Bishop and to model my own life according to the Gospel and teachings of the Church.  Specifically, I uphold and will continue to affirm the Church’s teaching that God’s gift of sexuality is sacred and finds its proper context within the Sacrament of Marriage, as defined by Gospel and the Roman Catholic Church as being a union between one man and one woman.

Diocese of Orange4 Teacher Application

Every Catholic School teacher or principal is expected to be a strong faith witness and a teacher of the Catholic tradition. It is expected that they conduct themselves in a manner that reflects a strong commitment to the mission of Jesus Christ and to the Diocese of Orange. It is required that every teacher or principal obtains and maintains certification as a catechist through the Institute for Pastoral Ministry sponsored by the Diocese. If certification is not been obtained prior to employment, it must be completed within three years.

Diocese of Sacramento5

Employment/Ministry in the Church Pre-Application Statement

“Go out to the whole world and proclaim the Good News to all creation.”

(Mark 16:15)

Mission Statement of the Diocese of Sacramento

We, the People of God of the Catholic Diocese of Sacramento, guided by the Holy Spirit, are called by Christ to proclaim the Good News of the Kingdom of God through prayer, praise and sacraments and to witness the Gospel values of love, justice, forgiveness and service to all.

All Christ’s faithful, by virtue of their baptism, are called by God to contribute to the sanctification and transformation of the world.  They do this by fulfilling their own particular duties in the spirit of the Gospel and Christian discipleship.  Working in the Church is a path of Christian discipleship to be encouraged.  Those who work for the Church continue the mission and ministry of Christ.  Their service is unique and necessary for the life and growth of the Church.  This has been our tradition from the beginning, as echoed in the words of St. Paul who worked with and relied on other men and women in the work of spreading the Gospel.  St. Paul was known to acknowledge and thank them, at times calling them, “my co-workers in Christ Jesus” (Romans 16:3-16).

The Church needs the services of dedicated lay persons who have a clear knowledge and proper understanding of the teachings of the Church and a firm adherence to those teachings, and whose words and deeds are in conformity with the Gospel.  All who seek employment or ministry in the Church are expected to continue their formation and their willingness to learn and grow and to deepen their desire to serve the Lord with excellence and generosity.  Those employed by the Church in our Catholic schools, parishes and institutions, as coworkers in the vineyard of the Lord, are rightly expected to be practicing Catholics whose faith is an essential part of their daily lives and who participate fully in the communal worship and life of the Church.

We recognize that persons who are non-Catholic Christians are also called by the Lord to stand before the world as a witness to his life and resurrection.  We, therefore, welcome collaboration with such persons of good faith who share our Catholic vision on important social, moral and ethical issues.  It is important for anyone interested in collaborating with us in our work and ministry to have an understanding of the Catholic Church and her teachings.

Our Catholic religious beliefs provide the basic framework for our moral, ethical and social teachings.  It is important for anyone interested in collaborating with us in our work and ministry to have an understanding of these teachings.

The Catholic Church has a special commitment to the poor, the oppressed, and the immigrant.  We are committed to promoting a “Culture of Life” from the moment of conception to the moment of natural death.  We believe in the inherent dignity of the human person, created in the image and likeness of God, and possessing basic rights endowed by God, including the right to life, the right to religious liberty, and the right to be treated justly with dignity and respect.  We believe human sexuality and human procreation are gifts from God to be shared through the risen Christ only by those joined in marriage, an institution that is itself instituted by Almighty God.  We believe that all persons are called by God to live chaste lives by virtue of their own dignity and according to their state of life.  We believe in the rights of workers to just working conditions, just wages and benefits, as well as the right to organize and join unions or other associations.  We oppose all forms of oppression and exploitation, including racism, sexism, pornography, sexual abuse and harassment, and unlawful discrimination.

As a community of believers, we embrace as a matter of faith, the teachings, policies and beliefs of the Magisterium of the Catholic Church, as defined in the Deposit of Faith.  We, therefore, reject anything which is contrary to that teaching, including:

    • Abortion, euthanasia, assisted suicide, artificial contraception, voluntary sterilization, and the unnecessary use of capital punishment;
    • Pornography and obscenity, adultery, cohabiting in sexual relationships of any nature outside of marriage, homosexual activity, the notion of “gay marriage,” and the adoption or placement of children in anything other than a traditional family setting;
    • Secularism, the paring back of religious freedom rights, or the restriction of religious liberty and liberty of conscience, anti-Catholicism, or anti-Catholic biases;
    • The abuse of alcohol or the use of illegal narcotics or other controlled substances; and
    • Violence or the use of force to resolve social, political or religious problems.

Must the Church’s employees share the Church’s vision and witness the Catholic faith in their life and work?

Yes.  Every member of the Church must stand before the world as a witness to the life and resurrection of the Lord Jesus.  This is particularly important for those person who work and minister in the name of the Church.  In our daily affairs and our work, we, as faithful disciples of the risen Christ, must be guided by a Christian conscience, since even in secular business there is no human activity that can be withdrawn from God’s dominion.

The Diocese, in its role as an employer, expects all employees to be persons, who by word and deed, support and advocate the positions of the Catholic Church.  We understand that employment by the Roman Catholic Church is not for everyone, because there are people of good faith who disagree with our teachings and views.

Those unable to authentically witness the Catholic faith by their lives may wish to reflect and seek pastoral guidance before applying for employment or ministry in the Church.

Does the obligation to share the Church’s vision also pertain to employees who are not Catholic?

Yes. As Catholics, we believe that our Faith is universal — that’s what the word “Catholic” means.  Thus, even if a person is not Catholic he or she remains called by the Lord to stand before the world as a witness to Christ’s life and resurrection.  Persons whose lives do not witness the teachings of the Catholic faith by virtue of their own objections or disbelief, or are unable to witness the Catholic faith by virtue of their lifestyle choices or public conduct, do not meet the basic criteria to work or minister in the name of the Church.

After you have carefully reflected on what is contained in this Pre-Application Statement, we invite you to complete the Acknowledgement and Applicant Questionnaire, if you are interested in seeking employment with the Diocese of Sacramento.

Acknowledgment

By signing below, I hereby acknowledge that I have received and read the foregoing Pre-Application Statement of the Diocese of Sacramento.  After reading and reflecting upon the teachings and beliefs of the Catholic Church, and the manner in which those matters impact lay employees of the Diocese, I wish to apply for employment with the Diocese, with a full understanding of the religious nature of the Diocese as an employer.  I understand the Diocese’s expectations that if my application for lay employment results in my being hired, I will be subject to standards of conduct that incorporate the teachings and beliefs of the Catholic Church as set forth in the Pre-Application Statement, and that these performance expectations will be a material condition of my employment.

Diocese of San Diego6

Pre-Application Statement Toward Employment in the Church

The Church needs the service of dedicated lay persons who have a clear knowledge and proper understanding of the teachings of the Church with a firm adherence to those teachings, and whose words and deeds are in conformity with the Gospel.  Those employed by the Church in our parishes, Catholic schools and other institutions, as co-workers in the vineyard of the Lord, are rightly expected to be practicing Catholics whose faith is an essential part of their daily lives, and who participate fully in the communal worship and life of the Church.

To be employed by the Church, persons of good faith who are not Catholic must have an understanding of the Catholic Church and her teachings and respect the Catholic vision on important social, moral and ethical issues.

The Catholic Church has a special commitment to the poor, the oppressed and the immigrant.  It is committed to promoting a “Culture of Life” from the moment of conception to the moment of natural death.  It believes in the inherent dignity of the human person, created in the image and likeness of God, and possessing basic rights endowed by God, including the right to life, the right to religious liberty, and the right to be treated justly with dignity and respect.  It believes that conjugal love and human procreation are gifts from God to be shared only by those joined in marriage as established by God himself.  It believes that all persons are called by God to live chaste lives by virtue of their own dignity and according to their state of life.  It believes in the rights of workers to just working conditions, to just wages and benefits as well as the right to organize to their benefit.  It opposes all forms of oppression and exploitation, including racism, sexism, pornography, sexual abuse and harassment, and unlawful discrimination.

The Catholic Church embraces everything contained in God’s word, written or handed down in Sacred Tradition and proposed as divinely revealed and calling for faith and, as well, all authoritative teaching on faith and morals.  It rejects anything to the contrary, including:

    • Abortion, euthanasia, assisted suicide, and the unnecessary use of capital punishment;
    • Pornography and obscenity, adultery, cohabiting in sexual relationships of any nature outside of marriage and homosexual activity;
    • Any restriction of religious liberty;
    • Violence or the use of force to resolve social, political or religious problems.

Persons who do not respect the teachings of the Church, either by virtue of their own objections or disbelief, or by virtue of their lifestyle choices or public conduct, do not meet the basic criteria to work in the Church.

After you have carefully reflected on what is contained in this Pre-Application Statement, if you are interested in seeking employment in the Diocese of San Diego, please complete the Pre-Application Acknowledgment.

Stand-Alone Faith and Morality Documents

Bishops’ Statements Incorporated into Employment Agreements

Diocese of Cleveland7

Statement on the Purpose of Catholic Schools and the Role of Teachers and Administrators in Catholic Schools

By the Most Reverend Richard G. Lennon

Dear Administrators and Teachers,

The Catholic Church teaches that Catholic schools are more than just places of learning, but in fact serve the primary purpose of developing each student as a whole person based on the model of Christ, who is God made flesh and humanity perfected.  The Second Vatican Council’s Declaration on Christian Education, Gravissimum Educationis, said as much when it stated:

“The Church is bound as a mother to give to these children of hers an education by which their whole life can be imbued with the spirit of Christ and at the same time do all she can to promote for all peoples the complete perfection of the human person, the good of earthly society and the building of a world that is more human.”  Gravissimum Educationis, Section 3.

This teaching is reflected in numerous Church documents as well as the Code of Canon Law, which states in Canon 794 Sec. 1 that, “The Church has in a special way the duty and the right of educating, for it has a divine mission of helping all to arrive at the fullness of Christian life.”  Saint John Paul II gave witness to this core belief regarding the nature and purpose of Catholic schools in his 1979 message to the National Catholic Education Association of the United States, wherein he wrote: “Catholic education is above all a question of communicating Christ, of helping to form Christ in the lives of others.”

As such, it is clear that the effectiveness of a Catholic school in fulfilling its mission is not simply dependent upon the quality of the religious curriculum utilized or the religious instruction or catechesis that occurs there.  Instead, a Catholic school succeeds in its mission only if every aspect of the school is inspired and guided by the Gospel and only if instruction across the entire spectrum of studies is authentically Catholic.  As Archbishop J. Michael Miller, C.S.B., then Secretary for the Holy See’s Congregation for Catholic Education, rightly observed in his 2005 keynote address on the subject of the Holy See’s teachings on Catholic schools at a conference at the Catholic University of America:

“The Gospel of Christ and his very person are, therefore, to inspire and guide the Catholic school in its every dimension: its philosophy of education, its curriculum, community of life, its selection of teachers, and even its physical environment.”

Likewise, the Church has long recognized the uniquely important and true ministry of teachers and administrators in fulfilling this mission.  Gravissimum Educationis addressed this notion specifically when it stated:

“But let teachers recognize that the Catholic school depends upon them almost entirely for the accomplishment of its goals and programs.  They should therefore be very carefully prepared so that both in secular and religious knowledge they are equipped with suitable qualification and also with a pedagogical skill that is in keeping with the findings of the contemporary world.  Intimately linked in charity to one another and to their students and endowed with an apostolic spirit, may teachers by their life as much as by their instruction bear witness to Christ, the unique Teacher… The work of these teachers, this sacred synod declares, is in the real sense of the word an apostolate most suited to and necessary for our times and at once a true service offered to society.”  Gravissimum Educationis, Section 8 [emphasis added].

Furthermore, the example set by teachers and administrators through their actions and their lives is considered by the Church to be even more important than what they say.  As stated by the Sacred Congregation for Catholic Education:

“The more completely an educator can give concrete witness to the model of the ideal person that is being presented to the students, the more this ideal will be believed and imitated.  For it will then be seen as something reasonable and worthy of being lived, something concrete and realizable.  It is in this context that the faith witness of the lay teacher becomes especially important.  Students should see in their teachers the Christian attitude and behavior that is often so conspicuously absent from the secular atmosphere in which they live.”  Lay Catholics in Schools, Witnesses to Faith, Section 32.

Consequently, each and every teacher and administrator in a Catholic school, whether they teach religion as a subject or not, is called by the Church to model Jesus Christ, the perfect teacher, and to bear witness to the Gospel “through their lives as much as by their instructions” (Gravissimum Educationis, Section 8).  It is for this reason that Canon 803 Section 2 of the Code of Canon Law requires that, “Formation and education in a Catholic school must be based on the principles of Catholic doctrine, and the teachers must be outstanding in true doctrine and uprightness of life.”

As a teacher or administrator in a Catholic school, you are engaging a beautiful and uniquely important vocation and ministry of Christ’s Church.  You are instrumental in the development of each and every student as a whole and authentically Catholic person.  Indeed, it is primarily through you that the school is able to cultivate the love of Christ and kindle the light of Christ in the hearts of its students.  As such, it is a great honor and privilege to play such a special and important role in the life of the Church through your ministry.  It is also a significant responsibility.  Please know that you have my blessings, my prayers, and my gratitude for the important work you do in building up the Body of Christ.

Diocese of Santa Rosa8 (Excerpts from 15-page employment document)

Code of Ethics for the Teacher in a Catholic School

PREAMBLE

“GO TEACH!”  With these words, Christ sent His first disciples on mission.  Since the beginning of Christianity, Catholic education has been one of the most important ways in which the mission of the Church is carried out.  This education manifests a foundational anthropology, a basics sense of the human being, namely (that) all persons are created in the image and likeness of God, are fallen in view of original sin, and are redeemed by Jesus Christ.  To understand, to teach and to model this anthropology are particular requirements of those entrusted with the Church’s educational mission.  Thus, in large part the success of Catholic education depends upon the professional competence, quality, and above all, the commitment of the teacher to Christ.

The Code of Ethics for the Teacher in a Catholic School is a description of a person who is growing in various dimensions of experience.  The Code specifies the attitude and the practice of the teacher in relation to the Church, the student, the parent, the community, and the profession.  In relationship to the Church in particular, the teacher is not called to an unrealistic perfection but rather to continual growth in understanding and in appreciation for the Church in all Her dimensions.  Here, what is meant by ‘continual growth’ also includes ongoing spiritual conversion (i.e., a more complete turning toward God) in one’s soul.  This kind of conversion can include a humble acceptance of the standing offer of God’s mercy, which acceptance always moves a person deeper into the heart of the Church.  In any case, conversion is like ‘professional development’.  That is, just as every teacher recognizes a responsibility to grow so as to keep abreast of developments in the profession, so too the teacher in a Catholic school recognizes a responsibility to grow in efficacy regarding the Church.  In sum, whether personally or professionally, the Code of Ethics for the Teacher in a Catholic School represents a guide by which to live, a goal toward which to strive and a promise of lasting success.

The Diocese of Santa Rosa recognizes and claims its Catholic Elementary and High Schools as educational institutes established to promote and foster the teachings and values of the Catholic Church.  The Diocese recognizes that these Institutions have an integral and significant role in the positive presentation of the Catholic faith to the hearts of their students and to our society.  The primary purpose of our Schools, without minimizing others, is evangelization.  Catholic Schools, in the course of their educational efforts, provide an essentially ecclesiastical ministry.  “The duty and right of educating belongs in a unique way to the Church which has been divinely entrusted with the mission to assist men and women so that they can arrive at the fullness of the Christian life” (Canon 794, § 1).

Preamble by +Robert F. Vasa, Bishop of Santa Rosa

Principle I: Commitment to the Church

Presidents, principals and teachers are employed, either directly or indirectly, by the Catholic Church for the express purpose of assisting “men and women so that they can arrive at the fullness of the Christian life”.  Thus, in addition to specific employee duties, they also share in the mission of the Church and therefore have the responsibility of fostering-through their positions and in the lived reality of their lives—the values, principles, doctrines and teachings of the institutional Catholic Church or, at least, of never publicly contradicting them.  In fulfilling our obligation to the Church, we are called to:

    1. Recognize that we are part of the overall educational ministry of the Catholic Church even when some of the persons instructed are not adherents of the Catholic faith.
    2. Recognize that as human beings, we are called by God to a life of holiness. We recognize that, without diminishing our freedom, this call orients us to heed God in our thoughts, words and deeds. We further recognize that this call is all the more compelling for us since, in our lives and vocations as teacher/administrators in a Catholic school, we have been entrusted with the task of helping students “arrive at the fullness of the Christian life” (Canon 794, § 1).
    3. Recognize that we must be models of “exemplary life both personally and professionally” (cf. employment contract). Thus, whether we are at school or outside of school, our public behavior is to be in conformity with Church teaching as expounded in The Catechism of the Catholic Church.
    4. Recognize our duty, to the best of our ability, to know “Church Teaching” (cf. contract) and, if Catholic, to believe in accord with what the Catholic Church holds and professes.
    5. Recognize that we have a responsibility to continue to seek a fuller understanding of the Faith that the Catholic Church professes. Accordingly, we are to take advantage of opportunities offered by the Diocese or Parish to foster Faith, to properly form conscience and to deepen understanding of the Church’s teaching.
    6. Recognize that, in its entirety, The Catechism of the Catholic Church constitutes the source and standard according to which all the ethical matters stated or implied in this Commitment and in the contract are understood and adjudicated.

Morality Statements

Dioceses of Billings, Great Falls and Helena9

Catholic Moral Standards
for All Catholic School Employees and Volunteers

A signature is required below to acknowledge that the Catholic school employee (teacher, support staff, coach, etc.), or volunteer has read and understands the Catholic Moral Standards as an essential expectation to his/her position with the Catholic school.

As a Catholic school employee or volunteer, I understand …

_____ that I will not engage in any conduct or lifestyle, whether in my personal or public life, that would be at variance with or contrary to the moral and religious teachings of the Roman Catholic Church

______ that I will not engage in any conduct or lifestyle, whether in my personal or public life, that would be at variance with or contrary to the moral and religious standards as described in Catholic school polices, Diocesan policies, or my employment contract

Please Note: These standards have been and will continue to be printed in the Catholic Schools’ personnel handbooks, as well as on the teacher’s contract.

I understand the terms of the Catholic Moral Standards and recognize that any personal conduct or lifestyle (public or private) that violates the Catholic moral standards may result in personnel discipline up to and including dismissal from employment.

I also understand that if I have any questions regarding the Catholic Moral Standards, I will submit them to the school administration, in writing and the school administration will provide a response in a timely manner.

Diocese of Columbus10

Adherence to Catholic Church Teachings

All school personnel who serve in Catholic schools shall be examples of Catholic moral behavior and professionalism.  As explained by the National Conference of Catholic Bishops:

The integration of religious truth and values with the rest of life is brought about in the Catholic school not only by its unique curriculum but, more important, by the presence of teachers [personnel] who express an integrated approach to learning and living in their private and professional lives.

All school personnel, regardless of their religious affiliation, are therefore required to abide by the moral values advanced by the teachings of Christ, the tenets of the Catholic Church, and the policies and regulations of the Diocesan Department for Education, the Diocese and the employing school.  School personnel may be disciplined or terminated for violations of these standards, or any conduct which is contrary to, or rejects or offends the teachings, doctrines, or principles of the Catholic Church.  While there may be others not mentioned below, examples of conduct that may result in termination of employment include:

Public support of activities or beliefs contrary to Catholic Church teaching;

Public statements disparaging or causing contempt against religion in general or the Catholic Church in particular;

Entry into a marriage which is not recognized by the Catholic Church;

Having an abortion or publically supporting abortion rights;

Sexual relations (same or opposite sex) outside the institution of marriage as recognized by the Catholic Church;

Pursuing or publically supporting in vitro fertilization.

Diocesan Department for Education policies and regulations are available online at www.cdeducation.org/Policies.  The teachings of the Catholic Church can be found in The Catechism of the Catholic Church which is online at www.vatican.va/archive/Eng0015/_INDEX.

Witness Statements

Dioceses of Arlington11, Peoria12, and Providence13 and Archdiocese of St. Louis14

Witness Statement for Those Who Serve in Catholic Education

The mission of Jesus Christ and the Holy Spirit is the mission of the Catholic Church, to reveal God the Father, Son, and Holy Spirit to all people and to teach them about the fullness of His love.  “Indeed the primordial mission of the Church is to proclaim God and to be His witness before the world” (GDC).  Catholic education shares in a special way in the Church’s mission by proclaiming and witnessing Jesus Christ and His teachings.

Catholic education, which includes education, formation, and transformation, exists in order to evangelize.  Two important elements that make up the process of evangelization are proclamation and witness.  It is essential, therefore, that those who serve in Catholic education proclaim Jesus Christ, His life and ministry, present the Catholic faith in its fullness and be Christ’s witness to the world.

Initially those being evangelized will be attracted to and listen to those who are good witnesses.  “The Good News proclaimed by the witness of life sooner or later has to be proclaimed by the word of life” (Evangelii Nutiandi).  Some in Catholic education—religion teachers, PSR catechists, educational and catechetical leaders—are called to be explicit proclaimers of the Word.  But all who serve in Catholic education are called to be witnesses to the life and teachings of Jesus Christ and the Catholic Church.  Therefore, the following Witness Statement applies to all who serve in Catholic education.

All who serve in Catholic education in the parish and school programs of the Archdiocese of Saint Louis will witness by their public behavior, actions, and words a life consistent with the teachings of the Catholic Church.

Only those persons who can support this Witness Statement are to be employed by pastors, principals, and directors/coordinators of religious education.

All who serve in Catholic education in the Archdiocese of Saint Louis should be made aware that support of this Witness Statement must be reflected in their public behavior.

All who serve in Catholic education should:

    • believe in God
    • support belief in Jesus Christ
    • engage in prayer
    • respect ecclesiastical authority
    • possess a basic knowledge of the Catholic Church
    • not take a public position contrary to the Catholic Church
    • demonstrate a public life consistent with the teachings of the Catholic Church
    • practice respect and reverence for others and prudence with regard to confidential information related to work
    • if Catholic, have not publicly rejected the Catholic Church be active members of the Catholic Church, or of their own Church
    • if not Catholic practice exemplary stewardship and ethical behavior with regard to Church property and funds.

The above is a thorough but not all-inclusive listing of the implications of this Witness Statement.

Implementation of the Witness Statement by Local Parishes and Schools

All who serve in Catholic education should be provided with opportunities to have the basic and essential teachings of the Catholic Church, applicable to the Witness Statement and its implications, explained so that they may be open to an understanding and appreciation of them.

This Witness Statement and its implications should be used in interviewing and hiring applicants who will serve in Catholic education to determine their openness to its message.

The pastor, principal, president, and director/coordinator of religious education should use this Witness Statement and its implications as part of the discussions in the initial offering and renewal of contracts.

This Witness Statement and its implications should be included in the various publications of the parish and/or the educational institution: faculty handbook, student handbook, marketing brochures, policy statements, etc.

Reflection on and discussion of this Witness Statement and its implications should be integrated by the pastor, principal, and director/coordinator of religious education into appropriate gatherings of those who serve in Catholic education: commissioning services, faculty meetings, faculty homilies, prayer days, etc.

Diocese of Trenton15

CHRISTIAN WITNESS STATEMENT

Educational Mission of the Church: ‘Proclaiming the Gospel is a perennial task and joy for the Church of Jesus Christ. Catholic education is an expression of the mission entrusted by Jesus to the Church He Founded.’ (To Teach as Jesus Did, 6.7).

Pre-Eminence of Catholic Schools: ‘The Catholic school strives to relate all human culture to the news of salvation, so that the life of faith will illumine the knowledge which students gain of the world, of life and of humanity. (National Directory for Catechesis, 232).

Educator in the Catholic School: ‘Beautiful indeed and of great importance is the vocation of all those who undertake the task of education in Catholic schools. This vocation demands special qualities of mind and heart, very careful preparations, and continuing readiness to renew and to adapt..’ (Declaration on Christian Education, 4).

The Catholic school fulfills an authentic ministry. Therefore, to work in this apostolate means rendering a unique, challenging and invaluable work for the Church. The nobility of the position to which teachers in the Catholic school…respond requires that they communicate the message of Christ not only in their teaching and their participation in the sacramental life of the Church but also in every expression of their behavior. In truth and in fact, herein lies the difference between a school whose education is penetrated by the Christian spirit and one in which religious in an academic subject like any other. ‘By their witness and their behavior teachers are the first importance to impart a distinctive character to Catholic schools.’ (The Catholic School, 78).

It follows then, that the teacher in Catholic education must be a person of prayer, one who frequently reflects on the scriptures, and whose Christ-like living testifies to deep faith, and who is a practicing Catholic who understands and accepts the teaching of the Catholic Church and the moral demands of the Gospel and who can contribute to the achievement of the school’s Catholic Identity and apostolic goals. (National Catechetical Directory, 207, 231).

Essentially, the Catholic school educator is one:

    • Called to proclaim, to live, to celebrate the message of Christ in His Gospel.
    • Chosen to create, to enter into and to build community that is at the heart of Christian education
    • Committed to the growth, development, and well-being of one’s educational family in the form of serve and love.

This individual truly witnesses to and fully shares in the mission of Christ and His Church in bringing about the Kingdom of God.

    1. Belief Statements/Oaths

Diocese of Phoenix16

Profession of Faith

(For newly hired Catholics in schools, catechetical or youth leadership positions)

I, N., with firm faith believe and profess each and every thing that is contained in the symbol of faith, namely:

I believe in one God, the Father almighty, maker of heaven and earth, of all things visible and invisible.  I believe in one Lord Jesus Christ, the Only Begotten Son of God, born of the Father before all ages.  God from God, Light from Light, true God from true God, begotten, not made, consubstantial with the Father; through him all things were made.  For us men and for our salvation he came down from heaven, and by the Holy Spirit was incarnate of the Virgin Mary, and became man.  For our sake he was crucified under Pontius Pilate, he suffered death and was buried, and rose again on the third day in accordance with the Scriptures.  He ascended into heaven and is seated at the right hand of the Father.  He will come again in glory to judge the living and the dead and his kingdom will have no end.  I believe in the Holy Spirit, the Lord, the giver of life, who proceeds from the Father and the Son, who with the Father and the Son is adored and glorified, who has spoken through the prophets.  I believe in one, holy, catholic and apostolic Church.  I confess one Baptism for the forgiveness of sins and I look forward to the resurrection of the dead and the life of the world to come.  Amen.

With firm faith I also believe everything contained in God’s word, written or handed down in tradition and proposed by the Church, whether by way of solemn judgment or through the ordinary and universal magisterium, as divinely revealed and calling for faith.

I also firmly accept and hold each and every thing that is proposed definitively by the Church regarding teaching on faith and morals.

Moreover, I shall always teach in the accord with the Official Magisterium of the Church as it is proclaimed by the Pope and the College of Bishops.

Profession of Faith

(For newly hired Non-Catholics in schools)

I accept and hold each and every thing that is proposed definitively by the Catholic Church regarding teaching on faith and morals.

I shall always teach in accord with the official teachings of the Church as it is proclaimed by the Pope and the College of Bishops.

III. Contract and Handbook Language 

Generic Morals Clause Language: Positive and Negative

Samples of positive and negative moral clauses from various dioceses:

Negative statements.

Obviously, individual representatives of the Church—clergy as well as laity—have every right to hold opinions on these matters. They are obliged, however, to ensure that their private opinions are never expressed as the official position of the Catholic Church, or the Diocese of Alexandria, or the particular ecclesial parish or organization which they may represent or to which they may belong. (Diocese of Alexandria)17

To take a position directly contrary to the Church’s teaching—whether by lifestyle or speaking publicly against Church teachings—has serious consequences, in view of the impact made on the students by the teacher. (Diocese of Pueblo)18

Involvement in the commission of any serious crime, public scandal, or conduct substantially impairing the Teacher’s professional effectiveness or the Teacher’s portrayal of an example for pupil emulation; promulgation of teachings inconsistent with established Catholic teachings; or adoption of a way of life inconsistent with Catholic moral standards. (Diocese of Salina)19

…whenever, by public example, an employee engages in or espouses conduct which contravenes the doctrine and teaching of the Church, such employee may, at the sole discretion of the Roman Catholic Bishop of Springfield, be subject to disciplinary action up to and including dismissal. (Diocese of Springfield, IL)20

Does not promulgate teachings inconsistent with established Catholic teachings; openly adopts a way of life or conducts self in a manner inconsistent with Catholic moral standards. (Diocese of Wichita, KS)21

Positive statements.

Church personnel will exhibit the highest Christian ethical standards and personal integrity. Church personnel will conduct themselves in a manner that is consistent with the discipline and teachings of the Roman Catholic Church. (Diocese of Burlington)22

Maintains exemplary adherence to correct doctrine, the teachings of the Church, and integrity of life in accordance with Canon 803 Sec. 2. (Diocese of Colorado Springs)23

All staff shall respect the religious and ethical teachings to which the school is committed as a Catholic school… Will faithfully represent the teachings of the Catholic Church with integrity in word and action. (Diocese of Fresno)24

Administrators, faculty and staff shall be qualified, supportive of the teachings of the Church and imbued with a strong sense of the mission of Catholic schools and act in ways that promote the best interests of the Church and do not violate the principles or tenets of the Catholic faith….All school administrators and all faculty shall adhere to Catholic faith, teaching and moral discipline… (Diocese of Joliet)25

Teachers must share the Gospel message announced by Jesus Christ and lived out in the Catholic church. Teachers, as educational leaders, must give witness to the truths and values of Catholic education. (Diocese of Louisville)26

The teacher in a Catholic school is a moral presence, a representative of the school’s mission to teach the Catholic values found in Scripture and tradition… Each teacher who accepts a position in a Catholic school commits to recognizing the unique character of Catholic education and to supporting its mission. (Diocese of Manchester)27

Exhibit the highest Christian ethical standards and personal integrity, and will accept the responsibility to witness in all relationship the chastity appropriate to their state of life, whether celibate, married, or single; Conduct themselves in a manner that is consistent with the discipline and teachings of the Catholic Church. (Archdiocese of Mobile)28

Embracing our varied callings of service and witness requires all to act in humility, in charity, and in justice. We are called to love and serve as Jesus loves and serves, and as such, aspire to the noblest of standards, most especially in service to children, young people, and the vulnerable. (Diocese of Owensboro)29

…it is recognized that there are certain positions within the diocese which require membership and active participation in the Catholic Church and a life style consistent with Church teachings in order to fulfill the responsibilities of the position. (Diocese of Rapid City)30

The principal shall select faculty and staff who live their lives to reflect ‘the fourfold dimensions of Catholic education: message, community, worship and service’. (Diocese of Salina)31

The diocese represents to its people and to the local community an organization based on strong moral and ethical principles. Employees are to be aware of their responsibilities to conduct themselves in harmony with these principles, and at all times reflect the Church’s teachings, integrity, and Christian concern for others. (Diocese of Shreveport)32

We expect teachers to maintain high ethical and professional standards and to accept supervision. (Diocese of Springfield IL)33

To reflect in both personal and professional life a commitment to Gospel values and the Christian tradition… To maintain standards of professional and personal conduct which reflect the values, principles, and teachings of the Roman Catholic Church. (Diocese of Stockton)34

He or she gives witness every day to the distinctive character of the Catholic school, not only teaching according to gospel principles and moral values, but modeling the Church’s values and beliefs through word and action. (Diocese of Wichita, KS)35

Specific Language within Employment Documents

Archdiocese of Atlanta36 (Policy Manual)

The Christian dimension and the teacher’s role in promoting it are to be given priority when interviewing and making employment decisions.  “All members of the faculty, at least by their example, are an integral part of the process of religious education. …Teachers’ life style and character are as important as their professional credentials.” (National Directory for Catechesis)… They must be persons whose attitudes and values are consistent with the Catholic philosophy of education.  Each prospective teacher, regardless of religious affiliation, shall accept responsibilities in the educational ministry of the Archdiocese of Atlanta.  The professional character of the responsibilities accepted by the teacher includes responsibilities to the Christian community served by the school, and above all, to the students attending the school and their parents.  This responsibility requires the teacher’s personal life to be conducted in accordance with the teachings and principles of the Catholic Church and in such a manner as to set a proper example for students; employees who choose to lead their lives outside of the teachings of the Catholic Church jeopardize continued employment with Archdiocesan schools.

Diocese of Austin37(Statement in Letter of Acknowledgement for Employees)

    1. Employees must agree to adhere to the social, ethical and moral teachings of the Roman Catholic Church, and conform their professional and personal conduct to those teachings.

Diocese of Austin38 (Employment Agreement)

Job Description of Principal: a. Ministerial Character – The principal is the visible principle and foundation of unity in the school which the Bishop has entrusted to the principal.  The principal makes Christ’s mission present and enduring in the school.  In order to fulfill the principal’s mission, the principal employs suitable, chosen collaborates (clerics, religious, or lay people).  The principal shares with them the principal’s mission and entrusts various responsibilities to them.  Positions employed in the school help to extend the ministry of the principal in particular ways as outlined in the job description.  Therefore, the employee in this position is closely connected to and assists the principal in the performance of the principal’s ministry and thereby engages in ministry for the church.

Archdiocese of Baltimore39(Contract 2015-16)

    1. Duties. …

2.3. Teacher acknowledges that TEACHER’s duties under this Agreement are an expression of the educational mission and ministry of the Church.  TEACHER agrees that TEACHER’S primary duties consist of teaching and spreading the Catholic faith.  Accordingly, TEACHER is expected to consistently exhibit a style of living and relating to others that is consistent with the Church’s tradition. …

    1. INCORPORATION OF POLICIES Teacher agrees as a condition of employment to comply in the performance of his or her duties under this Agreement with the following: …

5.2 Teachings, doctrines, ethics, and morals of the Roman Catholic Church as may be promulgated and interpreted from time to time by the Roman Catholic Archbishop of Baltimore. …

TERMINATION OF EMPLOYMENT 11.2.1 …

    1. d) rejection of official doctrine or laws of the Roman Catholic Church in the performance of duties, …
    2. g) conduct or actions which are offensive to the community or which tend to embarrass the SCHOOL or the Archdiocese;
    3. h) behavior that seriously and publicly violated the official teachings of the Catholic Church as interpreted in the sole judgment of the Roman Catholic Archbishop…

Diocese of Baton Rouge40(Contract 2015-16)

4.a. Immorality: violation of law involving moral turpitude or unprofessional conduct reflecting great discredit on the teacher or the school…

    1. Any personal conduct or lifestyle which would be at variance with, or contrary to diocesan policies and/or the moral or religious doctrines or teachings of the Roman Catholic Church as stated by the Holy Father and the local Ordinary in collegial union with the Holy Father, the Vicar of Christ on earth.

This conduct does not have to occur within the course and scope of employment for it to be an offense which will result in termination.

Diocese of Belleville41 (Code of Conduct Policy)

As personnel (as defined in the Child Protection Policy), I certify and voluntarily agree to abide by the following CODE OF CONDUCT:

I will exhibit the highest Christian ethical standards and personal integrity.  I will conduct myself in a manner that is consistent with the discipline and teachings of the Catholic Church.

Diocese of Birmingham42 (Contracts)

The Diocese considers each and every Diocesan employee, by association or design, as a representative of the Diocese of Birmingham in Alabama.  Consequently, the Diocese expects its employees to be cognizant of this most important responsibility and conduct their lives, both professional and private, in accordance with the teachings, beliefs and spirit of the Roman Catholic Church. …

TERMINATION. …failure to perform services expected under the contract, conduct or omissions in the personal or professional activities of the Employee which in the opinion of the Superintendent do not reflect credibly on the school, the Diocesan system, the parish or are in violation of regulations of the Diocese or the Diocesan school system or failure to provide complete and accurate information regarding credentials etc.

Diocese of Boise43(Personnel Policies and Procedures and Human Resource Manual)

[The Principal must] be an appropriate role model as a practicing Catholic, be a person of high moral standards with a reputation for integrity, vision and imagination, and a lifestyle in conformity with the philosophy and teachings of the Catholic Church. A strong believer in the doctrines and teachings of the Catholic Church and the ideals and traditions of Catholic education.

Archdiocese of Chicago44 (Handbooks)

It is the responsibility of every member of the staff to act in an honest and forthright manner in all workplace concerns; to treat co-workers, supervisors, volunteers, parishioners and visitors with respect; and to conduct oneself in a moral and ethical manner consistent with Catholic principles.  Some of the actions which violate this policy on standards of conduct include, but are not limited to: …

    1. immoral or unethical conduct when such conduct has an adverse impact on the Church.

Archdiocese of Cincinnati 45(Contract)

Teacher-Minister agrees to comply with all policies, handbooks, rules and regulations of the School and of the Archdiocese of Cincinnati.  Teacher-Minister also agrees to exemplify Catholic principles in a manner consistent with Teacher-Minister’s relationship with the Catholic Church and to refrain from any conduct or lifestyle which would reflect discredit on or cause scandal to the school or be in contradiction to Catholic social doctrine or morals.  While not meaning to infer that Teacher-Minister is involved in such conduct or lifestyle, by way of example, such conduct or lifestyle that is in contradiction to Catholic social doctrine or morals includes, but is not limited to: cohabitation outside marriage; sexual activity out of wedlock; same-sex sexual activity; use of abortion; use of a surrogate mother; use of in vitro fertilization or artificial insemination; advocacy (defined as presenting or promoting as acceptable- for conduct, lifestyle, positions, policies, programs, causes or movements in contradiction to Catholic social doctrine or morals; and/or flagrant deceit or dishonesty.  Teacher-Minister further agrees to teach and act consistently in accordance with the mission statement of the School and to strive to aid in the formation of students by personal witness so far as conscience allows to the stated philosophy and teachings of the Roman Catholic Church (these can be found in the Catechism of the Catholic Church http://www.vatican.va/archive/ENG0015/_INDEX.HTM, which is incorporated herein by reference).

Diocese of Cleveland46(Employment Agreement)

(see also Bishops’ Statements)

Role as Minister and Role Model of the Faith.  The Teacher-Minister, in signing this Agreement, represents that he/she has read and understands the Statement on the purpose of Catholic Schools and the Role of Teachers and Administrators in Catholic Schools by the Bishop of the Diocese of Cleveland, which is attached to this Agreement as Exhibit A and incorporated into this Agreement by this reference.  The Teacher-Minister understands and acknowledges that the Roman Catholic Church views the primary purpose of a Catholic school as a means of building up the Kingdom of God through the holistic and authentically Catholic formation of each student and that such development can only truly be fostered in a wholly Catholic environment.  The Teacher-Minister further understands and acknowledges that it is the teaching of the Roman Catholic Church that teachers in a Catholic school are truly and in a very real sense engaged in a special ministry, or apostolate, of the Roman Catholic Church and that such teachers should bear witness to Christ in their lives as much as in their classroom instruction.  For this reason, Canon 803 of the Code of Canon Law requires that teachers of a Catholic school must be “outstanding in true doctrine and uprightness of life.”  As such, the Teacher-Minister agrees to act, speak, and live at all times in a manner consistent with the teachings of the Roman Catholic Church as expressed by the Magisterium of the Church including, without limitation, as found in the Catechism of the Roman Catholic Church, which is available online at http://www.vatican.va/archive/ENG0015/_INDEX.HTM and which is incorporated into this Agreement by this reference.  The Teacher-Minister understands that actions and speech that are contrary to Catholic teaching shall be grounds for disciplinary action up to and including termination.  The following, although in no way an exclusive list, represents by way of example certain speech or actions that are considered to be contrary to the teachings of the Roman Catholic Church:

    1. Public support of positions contrary to Roman Catholic Church teaching (including, but not limited to, publically supporting abortion, euthanasia, assisted suicide, embryonic stem cell research, in vitro fertilization, artificial insemination, surrogate parenthood, direct sterilization, or so-called homosexual or same-sex marriage or unions).
    2. Procuring or assisting another in procuring an abortion.
    3. Making use of or participating in artificial insemination, in-vitro fertilization, or surrogate parenthood.
    4. Preparing for or engaging in a same-sex marriage or union.
    5. Engaging in or publicly supporting sexual relations outside or marriage (which shall be understood for purposes of the Agreement as being the marriage between one man and one woman).
    6. Living with another as husband or wife without the benefit of a marriage recognized as valid by the Roman Catholic Church or cohabitating outside of marriage.
    7. Engaging in or supporting transvestitism, transgenderism, or sex reassignment.
    8. Membership in any organization that is anti-Catholic or whose philosophy is in any way contrary to the ethical or moral teachings of the Roman Catholic Church.
    9. Indecent or lewd behavior (including, but not limited to, the unlawful use of drugs, substance abuse, or use of pornography).
    10. Serious dishonesty.
    11. Entering into a marriage with a person when one of the parties to the marriage is validly married to another person in the eyes of the Roman Catholic Church (e.g., entering into a marriage if one of the parties has entered into marriage previously and has not received an annulment from the Roman Catholic Church).
    12. Use of social media or electronic means of communication (e.g., email and texting) in an improper, immoral, or scandalous manner (including, but not limited to, use of social media or electronic means to communicate, post, share, or send material that is lewd, indecent, sexually suggestive, or pornographic).
    13. Any other actions or speech that are considered by the Roman Catholic Church to be immoral or evil or which might cause scandal, as such terms is understood by the Roman Catholic Church (i.e., and attitude or behavior which leads or tempts another to do that which the Roman Catholic Church considers evil or immoral).

Diocese of Colorado Springs47 (Policy)

PROFESSIONAL BEHAVIOR. Teachers in the Diocese of Colorado Springs have been placed in a position of trust and as such are expected to maintain professional relationships at all times with their students, parents and other staff both in and out of school, including vacation periods. By virtue of their position in the community, all teachers, principals and directors have an obligation to maintain Catholic, professional decorum at all times.

Diocese of Columbus48 (Policy)

ADHERENCE TO CHURCH TEACHINGS: All school personnel who serve in Catholic schools shall be examples of Catholic moral behavior and professionalism.  As explained by the National Conference of Catholic Bishops: The integration of religious truth and values with the rest of life is brought about in the Catholic school not only by its unique curriculum but, more important, by the presence of teachers [personnel] who express an integrated approach to learning and living in their private and professional lives.  All school personnel, regardless of their religious affiliation, are therefore required to abide by the moral valued advanced by the teachings of Christ, the tenants of the Catholic Church, and the policies and regulations of the Diocesan Department of Education, the Diocese and the employing school.  School personnel may be disciplined or terminated for violations of these standards, or any conduct which is contrary to, or requests or offends the teachings, doctrines, or principles of the Catholic Church.  While there may be others not mentioned below, examples of conduct that may result in termination of employment include: Public support of activities or beliefs contrary to Catholic Church teaching; Public statements disparaging or causing contempt against religion in general or the Catholic Church in particular; Entry into a marriage which is not recognized by the Catholic Church; Having an abortion or publically supporting abortion rights; Sexual relation (same or opposite sex) outside the institution of marriage as recognized by the Catholic Church; Pursuing or publically supporting in vitro fertilization.

Diocese of Columbus49(Contract)

    1. The Teacher serves as a Catholic role model both inside and outside of the school. Part of the Teacher’s duties is to convey the message and principles of the Catholic Church to students of the School, and thus the Teacher serves the role of a faith minister to youth. As such, Teacher shall refrain from conduct or lifestyle which would be in contradiction to Catholic doctrine or morals.  Teacher shall comply and act in accordance with the teachings of the Roman Catholic Church, and the rules, regulations and policies of the School, the Diocesan Department for Education, and the Diocese of Columbus now in effect or that may be hereinafter adopted governing this employment, including but not limited to the Diocesan School Policy 4116.1 (“Adherence to Catholic Church Teachings”).  (Diocesan Department for Education policies and regulations are available on line at www.cdeducation.org/Policies.)   School has the right to dismiss Teacher for violation of these standards, thereby terminating any and all rights the Teacher may have to continued employment.

Diocese of Columbus50 (Employment Letter of Understanding)

#2. Employee understands that as an employee of a Catholic institution employee is expected to abide by Catholic Church teachings, both within and outside their employment duties, and regardless of her/his religious affiliation.  As such, Employee agrees to refrain from conduct or lifestyle which would be in contradiction to Catholic doctrine or morals.  Employee also agrees to comply with and act consistently in accordance with the teachings of the Roman Catholic Church, and the rules, regulations, and policies of the employing agency and the Diocese of Columbus now in effect, or that may hereinafter be adopted governing this employment, including but not limited to the attached Adherence to Church Teachings policy Employee understands and agrees that the Employer has the right to dismiss Employee for violation of these standards, thereby terminating any and all rights Employee may have to continued employment.

Archdiocese of Denver51(Contract)

Ministering to students in their Catholic formation by infusing the cultural, academic, and liturgical life with Catholic values, tradition, and belief: grounding each Parish School in principles consistent with Catholic doctrine and practice; personally exemplifying the characteristics of Catholic living; and refraining from taking any public position or conducting himself or herself in a manner contrary to the teachings of the Catholic Church. …

Cause for termination… Moral turpitude or failure to bear witness to Catholic life; Failure to teach and act in accordance with Catholic doctrine and moral teaching.

Diocese of Dubuque52(Policy Manual)

The distinctive Catholic identity and mission of the Catholic school also depend on the efforts and example of the whole faculty. “The integration of culture and faith is mediated by the other integration of faith and life in the person of the teacher. The nobility of the task to which teachers are called demands that, in imitation of Christ, the only Teacher, they reveal the Christian message not only by word but also by every gesture of their behavior.” All teachers in Catholic schools share in the catechetical ministry. “All members of the faculty, at least by their example, are an integral part of the process of religious education… Teachers’ life style and character are as important as their professional credentials.” Their daily witness to the meaning of mature faith and Christian living has a profound effect on the education and formation of their students.” While some situations might entail compelling reasons for members of another faith tradition to teach in a Catholic school, as much as possible, all teachers in a Catholic school should be practicing Catholics.

Diocese of Fargo53(2014-15 Handbook)

Teacher Responsibilities

    1. Duties and responsibilities as related to the Mission and Vision of the John Paul II Catholic Schools:
    2. Recognize and support the unique Catholic mission of our school
    3. Speak, act and instruct in a manner that is consistent with the teachings of the Catholic Church.
    4. Integrate Catholic values and attitudes into classroom and all school activities.
    5. Make prayer a living, dynamic part of the school day.
    6. Maintain a classroom which reflects the Catholic identity of the school.
    7. Welcome all members to the community with openness and acceptance.
    8. Model an attitude of service.

Diocese of Fargo54(Contract)

SECTION ONE: The Teacher Agrees:

    1. That teaching, in the JPII Catholic Schools, is both by word and example and is a special calling. The Code of Canon Law reads: “It is necessary that the formation and education given in a Catholic School be based upon the principles of Catholic doctrine; Teachers are to be responsible for their correct doctrine and integrity of life.”  (Revised Code of Canon Law, Can. 803 #2).  Therefore, the Teacher agrees to teach, advocate, encourage, counsel, and witness in keeping with the beliefs and practices of the Catholic faith and teachings.

Diocese of Fort Worth55 (Contract)

The PRESIDENT agrees to be a practicing Catholic in good standing with the Church, to act in faithful accordance with the Magisterium of the Roman Catholic Church, to provide leadership in building the Catholic Faith Community in the SCHOOL, to show respect for Catholic beliefs, to work for the achievement of the goals of Catholic education, and to aid in the Catholic formation of the students by exemplifying in his/her own actions the characteristics of Catholic living.  The PRESIDENT agrees to become certified as a catechist.  Catholic Educational Ministry.  The PRESIDENT hereby accepts responsibilities in the educational ministry of the Diocese of Fort Worth.  The professional character of the responsibilities accepted by the PRESIDENT includes responsibilities to the Catholic community served by the SCHOOL, and above all, to the students attending the SCHOOL and to their parents.

Archdiocese of Galveston-Houston56(Employment Agreement)

Termination for Cause: Conduct is immoral or insubordinate in the sole discretion of the Principal, …

    1. Unprofessional or inappropriate conduct reflecting negatively on TEACHER or SCHOOL, or conduct seriously impairing the continued usefulness or ability of TEACHER to function in his/her capacity as TEACHER, in the sole discretion of the Principal, and within the guidelines of the Archdiocesan Catholic Schools Office.
    2. Any personal conduct or lifestyle that would be inconsistent with or contrary to, the policies, procedures and rules of the ARCHDIOCESE and/or the moral or religious teachings of the Roman Catholic Church as stated by the Bishop of Rome and/or the Bishop of Galveston-Houston, in the sole discretion of the Principal, and within the guidelines of the Archdiocesan Catholic Schools Office. …
    3. Catholic Educational Ministry: TEACHER hereby acknowledges his/her responsibility in the educational ministry of the ARCHDIOCESE, through his/her interactions with the students attending school and with their parents. TEACHER agrees that an essential function of his/her position is to promote the Catholic-Christian ministry, beliefs, teachings, message and faith within SCHOOL, to exhibit respect at all times, through his/her individual conduct and behavior (whether on or off campus and whether on or off duty) for the Catholic-Christian ministry, beliefs, teachings, message and faith, and to aid in the development of the students attending SCHOOL by exemplifying the Catholic-Christian ministry, beliefs, teachings, message and faith, through all aspects of the performance of his/her duties. Likewise, TEACHER agrees to promote and spread the ministry, beliefs, teachings and message of the ARCHDIOCESE and its Catholic-Christian principles.  TEACHER further agrees to refrain from engaging in any conduct that may reflect discredit on, or tarnish the reputation of SCHOOL, or that is inconsistent with the ministry, beliefs, message, teachings and faith of the Roman Catholic Church.  In addition, TEACHER agrees at all times to abide by all policies, procedures and rules of the Archdiocesan Catholic Schools Office.  The foregoing responsibilities and obligations apply whether TEACHER is on or off campus and whether TEACHER is on or off duty.  Any violation of the foregoing responsibilities and obligations is grounds for immediate termination of employment for cause.

Diocese of Gary57 (Contract)

(See also Teacher/Minister Contracts and Language)

    1. Ministerial Duties/Morals Clauses
    2. To teach in a Catholic school is to accept a ministry. The teaching ministry must clearly reflect the Catholic Christian spirit of love, understanding and humility. This ministry is witnessed not only in the manner in which the teacher performs his/her task of teaching, but also in the example the teacher sets for the students both in and outside the classroom.  This witness extends beyond the teacher’s individual classroom to include everyone associated with the school, parish, and diocese.
    3. Because the teaching ministry is exercised in the context of the Catholic Church, it is hierarchical in nature. Respect for the authority and earnest cooperation with the principal and administration of the school are essential. Therefore, the teacher understands, accepts, and agrees to maintain at all times, the proper Catholic Christian attitude and spirit of cooperation as an essential element of complying with the terms of this contract.
    4. Furthermore, in carrying out his/her duties under this agreement, the teacher agrees to faithfully reflect the teachings of the Roman Catholic Church, in mind and in deed, and at all times, both in and out of school, to abide by the official teachings of the church, as interpreted by the Bishop of the Diocese of Gary. Teacher understands that Catholic theology is part of every subject taught in the school and that part of teacher’s ministry in the school is to apply the theological doctrine and teachings of the Catholic Church. Failure to comply may result in the immediate termination of this contract. …
    5. Termination of Contract.
    6. A) The School may terminate this contract for reasons including, but not limited to, the following: Failure to abide by the terms of Part A “Ministerial Duties/Morals Clauses” above… The determination that the teacher is involved in an offensive behavior or has taken a public position against any of the teachings of the Roman Catholic Church… In the case of members of a religious congregation this contract shall be considered terminated if the herein named teacher ceases to function as a member of that religious congregation.

Diocese of Gaylord58(Contract)

(See also Teacher/Minister Contracts and Language)

The Teacher/Minister hereby accepts the terms of this Contract and the accompanying job description and agrees to perform the services required of the School and will assist the School in carrying out its Catholic educational ministry and policies during the entire term of this Contract.  The Teacher/Minister recognizes and accepts the fact that the School is an apostolate of the sponsoring Parish; that every teacher in the School is a minister in that apostolate, and that contracting to teach in a Catholic School implies understanding its special mission and orientation.  Accordingly, the Teacher/Minister agrees to conduct him/herself personally and professionally so as to reflect plainly and consistently the values, ministerial, and operational principles of the Parish/School, the Diocese of Gaylord, and the Universal Church.  The Teacher/Minister also recognizes and acknowledges the fact that there is within the Catholic Church a body of officially taught and commonly accepted beliefs, the communication of which is a fundamental purpose and mission of a Catholic School and that its students have a right to expect such communication implicitly and explicitly from its teachers regardless of the subject areas, grades, or courses being taught, and the Teacher/Minister agrees not to make any communications to students that in any way contradict or reject those teachings or commonly held beliefs.  The Teacher/Minister further understands and agrees that it is her or his duty to teach/administer and live in accord with what the Catholic Church holds and professes, and agrees to loyally observe the general rules and regulations applicable to those who minister in Catholic Schools in the Diocese of Gaylord as well as such special regulations or decrees as have been fixed and promulgated by the Parish, School or Ordinary of the Diocese of Gaylord.

Diocese of Grand Rapids59 (2012 Employee Policy Handbook)

Personnel 4130 Religious Standard in Employment (revised September 2008):

Teachers and principals hired to serve in our Catholic schools are expected to be Catholics in good standing and endowed with a Catholic philosophy.

The distinctive and unique purpose of the Catholic schools is to create a Christian educational community that is enlivened by a shared faith among administrator(s), students and parents.  The teachers and principals employed in the schools of the Diocese must have knowledge of and a respect for the Catholic faith and a commitment to Christian living.  Further, all teachers and principals are expected to spread the Catholic faith and supervise/participate in religious ritual and worship in propagation of that faith, including the observance and conduct of liturgy.  As such, teachers and principals employed occupy a position and share duties of religious significance that is connected and important to the Diocesan doctrinal mission.

Diocese of Great Falls-Billings60 (School Policy Manual 2014)

(Same as Diocese of Helena)

    1. All employees are expected to respect all the moral and religious teachings and beliefs of the Roman Catholic Church and not to engage in any personal conduct or lifestyle that would be at variance with or contrary to the policies of the diocese, its parishes and schools, or the moral and religious teachings of the Roman Catholic Church.…

10-104.1 CATHOLIC MORAL STANDARDS.  Employee will live a lifestyle compatible with Catholic moral values.  They must exercise conduct consistent with Catholic teachings and not engage in any practice, whether in their personal life or their employed capacity that may be in conflict with the Catholic Church teachings on faith and morals. …

10-704 CAUSES FOR DISCIPLINARY ACTION.  Personal conduct or lifestyle at variance with or contrary to the policies of the Diocese, its parishes and schools, or the moral and religious teachings of the Roman Catholic Church.

Diocese of Green Bay61 (Teacher Contract)

#14. The following Diocesan Board policy is set forth herein as an integral part of the contract.  A teacher may be dismissed for incompetence, cruelty, negligence, immorality, or whenever in the interests of the school such dismissal may be required.  Other justifiable grounds for dismissal include, but are not limited to: frequent absenteeism, unreasonable tardiness, unprofessional attitude, inability to deal cooperatively with administrator, students or parents, conduct not in keeping with Catholic principle and any applicable code of conduct. …

#17. The teacher, in a Catholic educational program, agrees as a condition of employment, he/she will support and exemplify in conduct both Catholic doctrine and morality as determined by the Diocesan Bishop.  He/She must be consistent, in expression and example, with the teaching and practice of the Catholic faith and shall not teach, advocate, encourage or counsel beliefs or practices contrary to the Catholic faith.

Diocese of Harrisburg62(Contract)

The vocation of every Catholic school Professional Employee is to engage in the sacred work of forming the human person through the communication of Truth. The achievement of this specific aim depends upon the person of the teacher. The Professional Employee, in addition to being well-prepared in the subject matter, is called upon to be a good example for the students. By teaching and example, the Professional Employee guides the students to the heart of total Truth.

The Professional employee is expected to conduct himself or herself in accordance with the accepted code of morality and professional ethics for a teacher in a Catholic school and to avoid any embarrassment to the individual school or the diocese.

CODE OF CONDUCT FOR CATHOLIC SCHOOL EDUCATORS. ‘The nobility of the task to which teachers are called demands that, in imitation of Christ, the only Teacher, they reveal the Christian message not only by word but also by every gesture of their behavior.’63 Commitment to the student – ‘Students should be able to recognize authentic human qualities in their teachers. They are teachers of the faith; however, like Christ, they must also be teachers of what it means to be human. This includes culture, but it also includes such things as affection, tact, understanding, serenity of spirit, a balanced judgment, patience in listening to others and prudence in the way they respond and finally, availability for personal meetings and conversations with students. A teacher who has a clear vision of the Christian milieu and lives in accord with it will be able to help young people develop a similar vision, and will give them the inspiration they need to put it into practice.’64

Archdiocese of Hartford65 (Policy Manual 2013)

3.101. All applicants and employees are expected to uphold and to act in accord with the religious, moral, and ethical principles of the Roman Catholic Church.  Publicly advocating positions or engaging in activities that violate the teaching of the Roman Catholic Church are sufficient grounds to decline to hire an applicant, or to terminate or otherwise discipline an employee. …

3.108. RELIGIOUS STANDARDS FOR CATHOLIC SCHOOL EMPLOYEES. It is recognized that administrators and teachers are engaged in a school conducted by the Roman Catholic Church for the express purpose of education in the academic, social, moral and religious values promulgated by that Church.  Administrators and teachers therefore are expected to conduct themselves both in teaching and example in a manner consistent with the academic, social, moral and religious teaching of the Catholic Church.  Public conduct which is contrary to Church teachings and is of sufficient magnitude may be found for disciplinary action, including termination. …

3.110 EMPLOYEE CONDUCT: The following acts are very serious in nature, and therefore, these acts, or acts of a similarly serious nature, shall constitute grounds for disciplinary action, up to and including immediate termination: Any willful act or conduct detrimental to the operations of the schools, parishes, administrative offices, or agencies of the Archdiocese of Hartford.  Public violation of the moral and ethical teachings of the Catholic Church.

Diocese of Helena66 (School Policy Manual 2014)

(Same as Diocese of Great Falls-Billings)

    1. All employees are expected to respect all the moral and religious teachings and beliefs of the Roman Catholic Church and not to engage in any personal conduct or lifestyle that would be at variance with or contrary to the policies of the diocese, its parishes and schools, or the moral and religious teachings of the Roman Catholic Church. …

10-104.1 CATHOLIC MORAL STANDARDS.  Employees will live a lifestyle compatible with Catholic moral values.  They must exercise conduct consistent with Catholic teachings and not engage in any practice, whether in their personal life or their employed capacity that may be in conflict with the Catholic Church teachings on faith and morals. …

10-704 CAUSES FOR DISCIPLINARY ACTION.  Personal conduct or lifestyle at variance with or contrary to the policies of the Diocese, its parishes and schools, or the moral and religious teachings of the Roman Catholic Church.

Diocese of Honolulu (Article March 28, 2014)67

The Diocese does not release its teacher contract forms per the superintendent (Personal communication, April 17, 2015).  The article states that part of the contract language is, “‘The school expressly reserves the right to terminate the employment of any Teacher, who by word or example, denies the teachings or authority of the Church, or whose personal life or conduct is, based on Catholic teaching, immoral’… The Contract is called the ‘Standard Teacher Employment Agreement’ and the contract states that ‘homosexuality’ and ‘same sex unions’ are not permitted.”

Archdiocese of Indianapolis68 (Contract 2015-16)

Defaults: …

    1. Unprofessional conduct,
    2. Insubordination, …
    3. Cohabitation (living together) without being legally married,
    4. Any conduct in or out of school tending to reflect great discredit on the teacher or the school or tending to seriously impair the teacher’s continued effectiveness as a teacher; and, any personal conduct or lifestyle at variance with the policies of the Archdiocese or the moral or religious teachings of the Roman Catholic Church.

Diocese of Jefferson City69(Series 4000 Manual Revised 2012)

Faith Commitment

All persons within the Catholic school setting share in the basic mission of Catholic education.  For that reason, all shall demonstrate by their attitudes, words, actions, and the integrity of their lives that they support the beliefs and values that underlie Catholic education.  Personnel, as employees in a Catholic educational system, agree that, as a condition of employment, they will support and exemplify in conduct both Catholic doctrine and morality.  Personnel must be consistent, in expression and example, with the teaching and practice of the Catholic faith and shall not teach, advocate, encourage or counsel beliefs or practices contrary to the Catholic faith.

Personnel shall be either Catholics in good standing, who are committed to the Catholic faith and to Christian living, and who are registered members of a Catholic parish, or others who have a positive attitude toward the Catholic faith and a commitment to Christian living as well as having a lifestyle that is consistent with Church teaching and are registered members of their particular non-Catholic parishes.  They shall work with others within and beyond the school setting in a spirit befitting a Christian faith community.

PERSONNEL: Defaults

A teacher shall be deemed to be in default under the contract in the event of any breach of duty hereunder, including, but not limited to the following: …

    1. Cohabitation without being legally married…
    2. Any conduct, in or out of school, tending to reflect discredit or scandal on the teacher or the school or tending seriously to impair the teacher’s continued effectiveness as a teacher, any personal conduct or lifestyle at variance with the policies of the Diocese of Jefferson City or the moral or religious teaching of the Roman Catholic Church.

Diocese of Kalamazoo70 (Policy Manual)

The school administrator shall select the person who is the best qualified (includes being a practicing Catholic in good standing) to fulfill the responsibilities of the position and who will contribute greatly to the development of the Catholic faith community. …

TERMINATION: (same for teacher and administrator) …

    1. The undertaking by teacher of activities, within or outside of the employer/employee relationship, which are detrimental to the fundamental purpose and mission of the employer or constitute a failure to support and exemplify Catholic Faith and Morals as taught by the Magisterium of the Catholic Church. …
    2. The teacher engages in any conduct in or out of the workplace which, in the judgment of the employer, constitutes serious or public immorality, sacrilege, lewd conduct, endangerment of health or safety, abusive conduct, public scandal or rejection of, or the holding up to doubt or question of the official teaching, doctrine, or laws of the Catholic Church.

Diocese of Lafayette71 (Addendum to Principal and Teacher Contracts 2013)

This addendum is made part of the Diocese of Lafayette (Principal/Teacher) contract.  The following non-exhaustive and non-exclusive list of acts is deemed to be at variance and inconsistent with the moral and religious doctrines and teachings of the Roman Catholic Church.

Diocese of Lansing72 (Handbook)

Ministry.  The employer is a religious institution, and its efforts are directed toward the glory of God and the salvation of souls.  Employees of the Diocese of Lansing are commissioned to live and proclaim the Gospel always and everywhere.  While employees are asked to serve in a variety of roles, each employee’s duties and responsibilities are primarily religious.  That is, by word and deed, each employee is involved in spreading the faith and other key works of the Church.  Each employee’s position is vital to the spiritual and pastoral mission of the Church, and is inherently religious… Within the structure of federal and state law, the employer will deem as “ministerial” any employee whose duties are, to any significant degree, liturgical, evangelical, or educational, or pertain to the corporal works of mercy…

    1. Catholic Fidelity. In both personal and professional life, an employee must exemplify the moral teachings of the Catholic Church. The employee must not teach, advocate, model, or in any way encourage beliefs or behaviors that are contrary to the teachings of the Catholic Church. …

TERMINATION: …

    1. Behavior or advocacy that is contrary to the teachings of the Catholic Church.

Diocese of Lincoln73 (Contract)

THAT WHEN A JUST CAUSE (*) EXISTS, the Employer may immediately terminate this contract and the Employer shall be released of all obligations and liabilities of this contract…  * A just cause as used herein may include any one or more of the following:  Contradiction or rejection, by word or action, of doctrines, laws or norms of the CATHOLIC CHURCH; incompetence; immorality; cruelty; neglect of duty; general neglect of the business or policies of the SCHOOL; unprofessional conduct; physical or mental incapacity; any violation of law involving moral turpitude; any conduct tending to reflect grave discredit upon the school or the Catholic Church; or any conduct which interferes substantially with the continued performance of duties; or any breach of this AGREEMENT.

Diocese of Little Rock74(2014 Policy Manual)

3.05. …employees in the schools should meet the following criteria: Be willing to uphold the teachings of the Catholic Church, have a commitment to Christian living, be willing to mirror the Gospel values.

Archdiocese of Los Angeles75(Employment Agreements)

FACULTY EMPLOYMENT AGREEMENT

    1. …You understand and accept that the values of Christian charity, temperance and tolerance apply to your interactions with supervisors, colleagues, students, parents, staff and all others with whom you come in contact at or on behalf of the School. Accordingly, you are expected to model, teach, and promote behavior in conformity with the teaching of the Roman Catholic Church. …
    2. Termination. …
    3. c) Unprofessional or unethical conduct…
    4. d) Any criminal, immoral or unethical conduct that relates to your duties as a teacher or brings discredit upon the school or the Roman Catholic Church.

ADMINISTRATOR EMPLOYMENT AGREEMENT

    1. …The Administrator understands and accepts that the values of Christian charity, temperance, and tolerance apply to his/her interactions.
    2. While all faculty and staff are expected to model, teach and promote behavior in conformity to Christian living, the Administrator in particular serves as a model of Roman Catholic teaching. The Administrator recognizes that the school is an apostolic ministry of the Roman Catholic Church and that the role of the Administrator in such a ministry is to offer a positive example and support to the students and the community. The Administrator agrees to further his/her professional growth and faith formation by continuing to study and to aid in the Christian formation of the School’s students by exemplifying Christian characteristics in his/her own actions. …
    3. The Administrator agrees to conduct himself/herself with due regard to public conventions and morals, and agrees not to do or commit any act or thing that will tend to degrade the Administrator in society or bring the Administrator into public hatred, contempt, scorn or ridicule, or that will tend to shock, insult or offend the community, or tend to embarrass the School, the Archdiocese or the Roman Catholic Church. …

TERMINATION (ADMINISTRATOR)

16.b. Unprofessional or unethical conduct…

    1. Any criminal, immoral or unethical conduct that relates to the Administrator’s duties or that brings discredit to the School, the Archdiocese or the Roman Catholic Church.

Archdiocese of Los Angeles76(Handbook)

5.11.1…School staff are called to be role models and witnesses to the Gospel of Christ and therefore, they shall adhere to proper conventions and Christian morals.  They shall maintain by words and actions a position that is in conformity with the teaching, standards, doctrines, laws, and norms of the Roman Catholic Church as interpreted by the ordinary/diocesan archbishop of the archdiocese.

5.11.2.  Teachers are called to strive toward the ideals and qualities desired in persons engaged in the ministry of Catholic education.  Those who are members of the Catholic Church are called to live in accordance with the teachings and precepts of the Church.  Those who are not Catholics are called to live according to the Gospel values that apply to all Christians.

Teachers will model qualities and attitudes that strengthen the school as a faith community by:

Living their commitment to Gospel values and Catholic tradition

Integrating faith and prayer in both private and professional life

Understanding that teaching in a Catholic school is a participation in the Church’s ministry of education. …

5.11.5  Recruitment and Hiring of Teachers: In both the teacher’s professional and private life, the teacher is expected to model and promote behavior in conformity to the teachings of the Roman Catholic Church in matters of faith and morals.

Diocese of Louisville77(Handbook 2014)

Personnel in Catholic schools must understand their connection to the parish and the Archdiocese. Church and school employees accept the mission of the Catholic Church to witness the message of Gospel values, to serve, to form community and to worship together as a faith community. School employees must understand and believe the basic doctrines of the church and follow a Christian code of ethics. Adults who work in schools must model basic beliefs and values of the Catholic Church. Catholic school employees are role models for children and parents.

Diocese of Madison78 (Teacher Contract 2010)

Teacher Responsibilities and Obligations.  A. Conduct himself or herself as a moral person who upholds the highest standards and ecclesiastical teachings of the Catholic Church and laws of the State of Wisconsin and acts accordingly at all times.

Diocese of Manchester79(Schools Handbook 2015)

    1. Principals and Catholic Identity. All principals or chief administrators shall be practicing Catholics who uphold the teaching of the faith and are committed to Catholic education that is academically excellent and rooted in Gospel values.
    2. Teachers and School Staff. Catholic teachers and Catholic staff shall be hired whenever possible. Administrators, faculty, and staff shall be qualified, supportive of the teachings of the Church, and imbued with a strong sense of the mission of Catholic schools. They shall act in ways that promote the best interests of the Church and do not violate the principles or tenets of the Catholic faith. All staff shall be responsible for integrating Catholic identity and Church teaching across the curriculum and in all school activities. All school administrators and all faculty members shall adhere to Catholic faith, teaching, and moral discipline, and shall not contradict the Catholic faith, teaching, and moral discipline either publicly or privately, and shall not harm communion with the Church.
    3. School Sponsored Guests and Activities. School sponsored guests, public statements, public events, and community activities of all Catholic schools shall not contradict the Catholic faith, teaching, and moral discipline, and shall not harm communion with the local Church.

Diocese of Marquette80(Contract)

The Teacher also recognizes and acknowledges the fact that there is within the Catholic Church a body of officially taught and commonly accepted beliefs, the communication of which is a fundamental purpose and mission of a Catholic School and that its students have a right to expect such communication implicitly and explicitly from its Teacher regardless of the subject areas, grades or courses being taught.  The Teacher agrees that he/she will be consistent in expression and example with the teaching and practice of the Catholic Faith and shall not teach, advocate, encourage or counsel students in beliefs or practices contrary to those teachings or commonly held beliefs of the Catholic Faith.

Archdiocese of Miami81 (Employee Handbook)

Standards of Conduct: The Archdiocese is a community devoted to promoting the mission of the Roman Catholic Church in South Florida.  Employees are seen as members of this community.  They are expected to have an interest in and be personally committed to the Archdiocese’s mission, goals and objectives.  Employees are expected to conduct themselves in a moral and ethical manner consistent with Catholic principles… Employees will witness by their public behavior, actions and words a life consistent with the teachings of the Catholic Church.  All employees should note that, because of the Church’s particular function in society, certain conduct, inconsistent with the teachings of the Catholic Church, could lead to disciplinary action, including termination, even if it occurs outside the normal working day and outside the strict confines of work performed by the employee for the Archdiocese… Public support or advocacy of positions, or conduct, which conflict with the teachings of the Roman Catholic Church.  …

Termination of Employment: …Reasons for Termination…

    1. Engaging in conduct contrary to or detrimental to the religious and professional character of the Archdiocese or its policies…

Diocese of Monterey82 (Master Employment Agreement Teachers)

Philosophy.  It is understood that the mission of the school is to develop and promote a Catholic School Faith Community within the philosophy of Catholic education as implemented at the School, and the doctrines, laws and norms of the Catholic Church.  All duties and responsibilities of the Teacher shall be performed within this overriding commitment…. I understand and agree that as an employee of the Diocese of Monterey Education and Welfare Corporation, I am an apostolic worker of the Roman Catholic Faith.

Archdiocese of New Orleans83 (Teacher-School Contract)

    1. The teacher agrees to abide by all rules and regulations of the School and/or applicable policies of the Roman Catholic Church of the Archdiocese of New Orleans…

4…the following shall constitute sufficient and just cause for immediate discharge

    1. Immorality, intemperance, insubordination, physical or mental incapacity, violation of law involving moral turpitude, unprofessional conduct reflecting great discredit on the Teacher or the School or seriously impairing the continued usefulness or ability of the Teacher to teach.
    2. Any personal conduct or lifestyle which would be at variance with, or contrary to the applicable policies of the Roman Catholic Church of the Archdiocese of New Orleans and/or moral or religious doctrines or teachings of the Roman Catholic Church as stated by the Holy Father and the local Ordinary in collegial union with the Holy Father, the Vicar of Christ on earth.

Diocese of Oakland84(Contract 2015)

The teacher agrees to respect Catholic values and to aid students in Christian formation by exemplifying Catholic living, both in and out of the classroom… Bound by love to each other and to their pupils and imbued with the apostolic spirit, administrators and teachers bear witness by their life and teaching to the one teacher Christ. …

    1. The Teacher agrees to serve in a professional manner and to act in accordance with the Catholic doctrine and moral teachings.
    2. The teacher agrees to implement the teachings of the Catholic Church in the Catholic educational community. …

4 (i). Refrain from conduct which is inappropriate, unprofessional, unlawful or otherwise harmful to the Diocese, the School and/or the school’s students, parents/legal guardians, faculty, staff and administration.

4 (j). Demonstrate a public life consistent with the teachings of the Catholic Church, and refrain from taking a public position contrary to the teachings of the Catholic Church.

Archdiocese of Oklahoma City85(Code of Conduct)

All Archdiocesan Personnel are to uphold the standards of the Catholic Church in their day-to-day work and personal lives. Archdiocesan Personnel and leaders are expected to be persons of integrity and must conduct themselves in an honest and open way, free from deception or corruption and in a manner consistent with the discipline and teachings of the Catholic Church. Archdiocesan personnel are expected to follow rules of conduct that will protect the interests and safety of all, including the standards and policies set forth in this Code of Conduct and other Archdiocesan Policies and Guidelines.

Archdiocese of Omaha86 (Contract)

Personnel shall be either Catholics in good standing, who are committed to the Catholic faith and to Christian living, and who are registered members of a Catholic parish, or others who have a positive attitude toward the Catholic faith and a commitment to Christian living as well as having a lifestyle that is consistent with Church teaching and are registered members of their particular non-Catholic parishes.  They shall work with others within and beyond the school setting in a spirit befitting a Christian faith community.

Diocese of Orlando87(Handbook)

Employees are expected to conduct themselves in a moral and ethical manner consistent with Catholic principles… All employees should note that, because of the Church’s particular function in society, certain conduct, inconsistent with the teachings of the Catholic Church, could lead to disciplinary action, including dismissal, even if it occurs outside the normal working day and outside the strict confines of work performed by the employee for the Diocese.

Diocese of Pensacola-Tallahassee88 (Handbook)

In order for the Diocese to carry out its mission to the people it serves, it is dependent upon the performance and conduct of each of its employees. Therefore, it is your responsibility to conduct your business dealings and personal behavior in a manner consistent with the ethics and moral standards set by the teachings of the Catholic Church.

Diocese of Peoria89 (Witness Statement)

…Catholic education, which includes education, formation and transformation, exists in order to evangelize.  Two important elements that make up the process of evangelization are proclamation and witness… But all who serve in Catholic education are called to be witnesses to the life and teachings of Jesus Christ and the Catholic Church.  Therefore, the following Witness Statement applies to all who serve in Catholic education.  “All who serve in Catholic education in the school programs of the Catholic Diocese of Peoria will witness by their public behavior, actions and words, a life consistent with the teachings of the Catholic Church”  Only those persons who can support this Witness Statement are to be employed by pastors and principals in the Catholic Diocese of Peoria.  All who serve in Catholic education in the Catholic Diocese of Peoria should be made aware that support of this Witness Statement must be reflected in their public behavior.

All who serve in Catholic education should:

Believe in God;

Support belief in Jesus Christ;

Engage in prayer;

Respect ecclesiastical authority;

Possess a knowledge of the Catholic Church;

Not take a position contrary to the Catholic Church;

Demonstrate a life consistent with the teachings of the Catholic Church;

If Catholic, have not rejected the Catholic Church;

Be active members of the Catholic Church, or of their own church if not Catholic.

Archdiocese of Philadelphia90 (Manual, brief statement in Union Agreement)

Article I, Section 7.  The System retains the sole right and duty to operate its school system in accordance with the philosophy of Christian education, the doctrines, laws, and norms of the Catholic Church.  Notwithstanding grievance and arbitration procedures hereinafter specified, any grievance arising from dismissal of a teacher for serious and public immorality and/or public rejection of official doctrine or laws of the Church shall be first discussed orally with the Principal and/or the System.  The charge shall then be reduced to writing and presented to the teacher.  The teacher or the Association may then file a grievance at the System level.  If the grievance is not resolved at the previous level, the teacher or the Association may request arbitration by the Ordinary of the Archdiocese or his designee whose decision shall be final and binding on all concerned.

Diocese of Phoenix91 (Policy Manual)

3-1.3.01 The Principal must be a practicing Catholic in full communion with the Catholic Church, who evidences knowledge and understanding of the Catholic faith, and who is a registered member of a parish or mission within the Diocese.

    1. The Principal shall give active witness to the Catholic Tradition, including the teachings of the Church and the Sacred Scriptures …

3-1.3.03 Elementary and high school teachers and counselors are models for the faith development of the students. As such, they are expected to be people of faith who uphold the teachings of the Catholic Church. …

    1. Professional Behavior. …

2b. Promoting and living according to gospel values and Catholic moral teaching; and

    1. upholding the doctrinal teachings of the Catholic Church. …
    2. All school personnel shall maintain an awareness of their role as a Catholic educator and of the impact that their behavior has on the students and the Catholic community.
    3. No school personnel shall do anything that is illegal or that might cause public scandal to the school.
    4. School personnel act as role models for the faith development of the students… be people of faith who uphold the teachings of the Catholic Church and who live according to those teachings.
    5. All school administrators and teachers must make a profession of Faith, in which they promise, among other things, to firmly accept and hold each and everything that is professed definitively by the Church regarding teaching on faith and morals, and to live their lives according to the Catholic faith…
    6. Termination

1a. A serious violation of Church law that violates the Profession of Faith or that results or may result in public scandal.

    1. Unprofessional conduct or conduct that violates the Diocese’s Code of Ethics or the Employee’s contract.

Diocese of Pittsburgh92(“Cardinal’s Clause”)

The employee recognizes the religious nature of the Diocese of Pittsburgh and agrees that the employer has the right to dismiss an employee for serious public immorality, public scandal, or public rejection of the teachings, doctrine or laws of the Roman Catholic Church, thereby terminating any and all rights that the employee may have hereunder, subject, however, to the personal due process promulgated by the Roman Catholic Church.

Examples of the violation of this clause would include, but are not limited to, entry by an employee into a marriage which is not recognized as being valid by the Roman Catholic Church, support of activities which espouse beliefs contrary to Catholic Church teachings an laws such as advocacy of a practice such as abortion, or the holding up to doubt or question the official teachings, doctrine or laws of the Catholic Church.

Archdiocese of Portland in Oregon93(Contract)

By accepting employment in a Catholic School, the employee agrees to respect Catholic values and to aid in Christian formation by exemplifying a lifestyle of Christian principles both in school and out of school. The employee shall exhibit a lifestyle that is compatible with Catholic moral values and professional conduct consistent with Catholic teaching, and shall not do, commit, or permit any act that will tend to demean or degrade him/her in society or bring the employee or the School into public disrepute.

Diocese of Pueblo94

LIFESTYLE POLICY FOR CATHOLIC SCHOOL EDUCATORS

All Catholics in the education ministry in the Diocese of Pueblo must be in good standing with the Catholic Church and be aware that support of Church teachings must be reflected in their public behavior. Non-Catholics who teach in Catholic schools, although they do not necessarily have a commitment to Catholicism, must uphold in their teaching and lifestyle basic Catholic teachings and practices, so as not to misdirect their students.

To take a position directly contrary to the Church’s teaching — whether by lifestyle or speaking publicly against Church teachings — has serious consequences, in view of the impact made on the students by the teacher. Should any situation arise that is contrary to or at variance with this diocesan policy, a pastoral approach will be taken to insure the best possible benefit to the children, and to foster the spiritual well-being of the individual in question. However, all educators employed by the school or the parish should be aware that words, conduct or action contrary to or at variance with this policy may result in discipline, including but not limited to termination.

Certain specific acts which violate the spirit of the Gospels and the Church’s teachings and which may lead to discipline and/or termination include:

    1. Contracting a marriage in violation of the rules of the Catholic Church.
    2. Living with another as husband and wife, without benefit of a valid marriage.
    3. Conviction of a felony crime which involves moral turpitude.
    4. Obtaining or assisting another to obtain an abortion.
    5. Actively engaging in homosexual activity.
    6. Immoral or dishonest conduct impairing one’s effectiveness as a teacher.
    7. Becoming pregnant, out of wedlock, while teaching/working in a Catholic school.
    8. Membership in any organization which is anti-Catholic, and whose philosophy is racist and/or any way contrary to the Church’s teaching on social justice.
    9. Engaging in any activity, immoral or illegal, which would show bad example to the students (e.g. illicit use of drugs, alcohol abuse, pornography, indecent behavior or abuse of any kind).
    10. Maintaining by word or action a position contrary to the teaching standard, doctrines, laws and norms of the Catholic Church.

The foregoing is not an exhaustive list. The school or the parish reserves the right to make a determination in each case whether or not an educator’s actions or lifestyle violate the moral or religious doctrines or teachings of the Roman Catholic Church.

Some dioceses have attached this policy to the employment contract, included the policy in the employment contract, or inserted the policy into the teacher’s job description. A sample is included in Appendix F.

Diocese of Raleigh95 (Employee Handbook)

TERMINATION: …

    1. i. Behavior in violation of the Code of Conduct for Church Personnel for the Diocese of Raleigh…
    2. Personal conduct or life style contrary to the moral and religious doctrine or teachings of the Roman Catholic Church as interpreted by the Bishop of Raleigh. …

APPENDIX – CODE OF CONDUCT FOR CHURCH PERSONNEL …

1.4 …Church personnel in the Diocese of Raleigh agree to abide by this Code of Conduct and understand that disregarding these principles through personal conduct or life style contrary to the moral and religious doctrines or teachings of the Roman Catholic Church may lead to corrective and/or disciplinary action.

CODE OF CONDUCT SECTION 2: Principles

2.1 Church personnel of the Diocese of Raleigh shall: a. Respect the teachings and precepts of the Catholic Church. …

TERMINATION: …

    1. The employee is determined to have engaged in ethical misconduct or committed a serious infraction of Diocesan rules including, but not limited to: …
    2. Behavior in violation of the Code of Conduct for Church Personnel for the Diocese of Raleigh…
    3. Personal conduct or life style contrary to the moral and religious doctrines or teachings of the Roman Catholic Church as interpreted by the Bishop of Raleigh.

Diocese of Richmond96 (Handbook)

NON-DISCRIMINATION POLICY

In addition, for Catholic employees, conformance with religious tenets of the Catholic faith is a condition of employment, and all employees may be prohibited from performing, teaching or advocating in the workplace any practices of doctrines which are inconsistent with religious tenets of the Catholic faith.

CATHOLIC SCHOOL DECORUM POLICY

    1. Faculty members are expected to provide sound formation in the Catholic faith and academic excellence in secular subjects.
    2. Faculty members are expected to promote the purpose of Catholic education through their personal lives, professional skills, word and example, both in and outside of school.
    3. Faculty members are expected to uphold and propagate the doctrinal and moral teachings of the Catholic Church; they should be devoted to the implementation of these teachings in their daily lives.

HIRING PROSPECTIVE TEACHERS

    1. In the interview process the Principal shall clearly explain and discuss the role and nature of the Catholic school and the Catholic schoolteacher in the Church’s education mission.
    2. Prospective teachers should be asked whether they understand the philosophy, goals and objectives of the school, in particular its Catholic identity and mission, and if they can work in and promote the same.

Diocese of Rockford97 (Contract)

DUTIES: A. Teacher agrees to teach in accordance with the religious faith and moral teachings of the Roman Catholic Church as determined by the ordinary of the Diocese or his designee: to abide by the philosophy, goals, mission, objectives, rules and regulations of SCHOOL; and to be bound by the written policies of the Diocese of Rockford and SCHOOL…

    1. TEACHER agrees that, both at work and away from work, TEACHER will abide by and live in accordance with the religious faith and moral teachings of the Roman Catholic Church, as determined by the Ordinary of the Diocese or his designee, and that failure to do so shall entitle SCHOOL to cancel this contract and void any and all obligations under it. …

TERMINATION OF CONTRACT: Notwithstanding the above, any act or conduct at or away from work which is non-remediable, as determined in the sole discretion of SCHOOL; or which is not consistent with TEACHER’s position…or the religious faith and/or moral teachings of the Roman Catholic Church, as determined by the Ordinary of the Diocese or his designee, warrants immediate discharge and termination of this contract or other disciplinary action…

Diocese of Sacramento98 (Pre-Application Statement)

(See also Pre-Application Statements)

As a community of believers, we embrace as a matter of faith, the teachings, policies and beliefs of the Magisterium of the Catholic Church, as defined in the Deposit of Faith. We, therefore, reject anything which is contrary to that teaching, including: abortion, euthanasia, assisted suicide, artificial contraception, voluntary sterilization, and the unnecessary use of capital punishment, pornography and obscenity, adultery, cohabiting in sexual relationships of any nature outside of marriage, homosexual activity, the notion of ‘gay marriage,’ and the adoption or placement of children in anything other than a traditional family setting; …Those unable to authentically witness the Catholic faith by their lives may wish to reflect and seek pastoral guidance before applying  for employment or ministry in the Church…Persons whose lives do not witness the teachings of the Catholic faith by virtue of their own objections or disbelief, or are unable to witness the Catholic faith by virtue of their lifestyle choices or public conduct, do not meet the basic criteria to work or minister in the name of the Church.

Archdiocese of St. Louis99(Hiring Policies and Procedures)

Qualifications for Catholic School Educators:

Commitment to the educational mission of the Catholic Church.

Public witness of a lifestyle consistent with the teachings of the Catholic Church

Religion certified by the Archdiocese (for teachers of religion)…

Ability to support and implement the philosophy of education for the Archdiocese of St. Louis and to contribute to the unique climate of a Catholic school

Commitment to quality education for youth

Archdiocese of St. Louis100(Application)

(See also Witness Statements)

WITNESS STATEMENT …Catholic education, which includes education, formation and transformation, exists in order to evangelize. Two important elements that make up the process of evangelization are proclamation and witness…  But all who serve in Catholic education are called to be witnesses to the life and teachings of Jesus Christ and the Catholic Church. Therefore, the following Witness Statement applies to all who serve in Catholic education.

All who serve in Catholic education in the school programs of the Catholic Diocese of Peoria will witness by their public behavior, actions and words, a life consistent with the teachings of the Catholic Church. Only those persons who can support this Witness Statement are to be employed by pastors and principals in the Catholic Diocese of Peoria. All who serve in Catholic education in the Catholic Diocese of St. Louis should be made aware that support of this Witness Statement must be reflected in their public behavior.

All who serve in Catholic education should: Believe in God; Support belief in Jesus Christ; Engage in prayer; Respect ecclesiastical authority; Possess a knowledge of the Catholic Church; Not take a position contrary to the Catholic Church; Demonstrate a life consistent with the teachings of the Catholic Church; If Catholic, have not rejected the Catholic Church; Be active members of the Catholic Church, or of their own church if not Catholic.

Diocese of Salt Lake City101(Religious Qualifications)

Because the distinct purpose of the Catholic school is “to create a Christian educational community where knowledge is enlightened and enlivened by faith”, teachers employed in the diocesan school system should:

    1. Be practicing Catholics who have knowledge of the Catholic faith adequate to teach its content.
    2. Live and model the principles and moral values which are part of Catholic school curriculum.
    3. Understand and be dedicated to the ministry of Catholic education.

EXCEPTION: If a Catholic teacher is not available, or when deemed otherwise appropriate, a non-Catholic may be employed. Teachers of other faiths can make valuable contributions as members of the teaching staff.

    1. An exception may be made by the superintendent with the advice of the principal.
    2. They may be hired on the condition that they understand and are fully committed to the distinctive purpose, philosophy, and spirit of Catholic school education.
    3. Non-Catholic teachers should live within the Catholic spirit and teachings regarding lifestyle.
    4. A non-Catholic may not teach a Catholic religion class.

Diocese of San Diego102 (Pre-Application Statement)

[A]s coworkers in the vineyard of the Lord, are rightly expected to be practicing Catholics whose faith is an essential part of their daily lives, and who participate fully in the communal worship and life of the Church… It believes that conjugal love and human procreation are gifts from God to be shared only by those joined in marriage as established by God himself… It rejects anything to the contrary, including: Abortion, euthanasia, assisted suicide, and the unnecessary use of capital punishment; Pornography and obscenity, adultery, cohabiting in sexual relationships of any nature outside of marriage and homosexual activity; Any restriction of religious liberty; …Persons who do not respect the teachings of the Church, either by virtue of their own objections or disbelief, or by virtue of their lifestyle choices or public conduct, do not meet the basic criteria to work in the Church.

Archdiocese of San Francisco (Press Release Feb. 3, 2015)103

The Archdiocese of San Francisco is proposing three new clauses to the contracts for the teachers in the Archdiocesan high schools.  The purpose is to further clarify that Catholic schools—as the first clause states—“exist to affirm and proclaim the Gospel of Jesus Christ as held and taught by his Catholic Church.” The Archdiocese is also adding detailed statements of Catholic teaching on sexual morality and religious practice—taken from the Catechism of the Catholic Church—into the faculty and staff handbooks…

Archdiocese of Santa Fe104 (Code of Ethics)

The following fundamental principles from Church teachings and traditions apply to the behavior of all Archdiocesan personnel as they: Strive to exhibit the highest Christian ethical standards and personal integrity in their day-to-day work and personal lives, supporting the teachings, discipline and traditions of the Catholic Church; Strive to conduct themselves in a professional and respectful manner in both Church and work environments avoiding any flagrant or public misconduct.

Diocese of Santa Rosa (Article Feb. 13, 2015)105

Santa Rosa’s Bishop Vasa puts forward new ethics code for diocese teachers

…The ethics code “reminds diocesan school employees they are both educators and ministerial agents of the Catholic Church”… the new contract and code relies on the Catechism of the Catholic Church—a foundational document promulgated by Pope John Paul II in 1992—to clarify the church’s moral code, including its objection to contraception, abortion, same-sex marriage and euthanasia. …

The new contract [2015], like previous contracts, contains a reference to an updated ethics code for Catholic school principals and teachers. The diocesan “code of ethics” states that the church’s catechism is the source for all references to Catholic teaching, values, and morals. …

Diocese of Santa Rosa (Article Feb. 19, 2015)106

Bishop revises Catholic school teacher contracts

The ethics code “outlines personal and professional commitments and details acceptable understandings and corresponding behaviors for those entrusted with delivering Catholic education”, said a news release from Vasa.

Diocese of Santa Rosa107 (Code of ethics)

PRINCIPLE I: Commitment to the Church. Presidents, principals and teachers… have the responsibility of fostering—through their positions and in the lived reality of their lives—the values, principles, doctrines and teachings of the institutional Catholic Church or, at least, of never publicly contradicting them. …

2… to heed God in our thoughts, words and deeds…

    1. …must be models of “exemplary life both personally and professionally” (cf. employment contract). Thus, whether we are at school or outside of school, our public behavior is to be in conformity with Church teaching as expounded in The Catechism of the Catholic Church.
    2. …to know “Church Teaching” (cf. contract) and, if Catholic, to believe in accord with what the Catholic Church holds and professes…
    3. Recognize that, in its entirety, The Catechism of the Catholic Church constitutes the source and standard according to which all the ethical matters stated or implied in this Commitment and in the contract are understood and adjudicated.

Diocese of Santa Rosa108 (Employment agreement)

    1. The Catholic teacher [Principal] in a Catholic school must be a model of Catholic living and adhere to Catholic teachings in both personal and professional life. The non-Catholic teacher in a Catholic school must be a model of exemplary life both personally and professionally. The teacher in a Catholic school must not teach, advocate, model or in any way encourage beliefs or behaviors contrary to the teachings of the Catholic Church…
    2. Cause for discharge of a teacher …public conduct-whether in personal or professional life – that violates the teachings of the Catholic Church or that reflects discredit on the school.

Diocese of Savannah109 (Contract)

TERMINATION (P.61) …

(b) The Principal may suspend and/or dismiss the Teacher for good cause, including, but not limited to, misconduct, neglect of duty, failure to comply with the matters contained within this agreement, conviction of a crime involving moral turpitude, violation of the terms of this Agreement, or any conduct tending to reflect discredit upon the School or tending to impair the Teacher’s usefulness as a Teacher. The contract will, also, be terminated if the Teacher’s lifestyle is incompatible with Catholic moral values or if professional conduct is at variance with Catholic teaching.

Archdiocese of Seattle110(Covenant)

 (See also Teacher/Minister Contracts and Language)

The teacher agrees to respect Catholic values and to aid students in Christian formation by exemplifying Catholic living, both in and out of the classroom. Catholic schools educate their pupils to promote efficiently the good of the earthly city, and prepare them for the service of spreading the kingdom of God, so that by the exercise of an exemplary and apostolic life they may become, as it were, the saving leaven of human society. Bound by love to each other and to their pupils and imbued with the apostolic spirit, administrators and teachers bear witness by their life and teaching to the one teacher Christ (Gravissimum Educationis 8). This is the spirit that characterizes the covenantal relationship between the employer and the employee in the Catholic School. The following items of agreement are meant to give specific delineation to certain aspects of the relationship.

This covenant may also be terminated if the teacher’s life-style is incompatible with Catholic moral values or if his/her conduct is at variance with Catholic teaching.

Diocese of Spokane111(Policy manual)

    1. 4111. RECRUITMENT AND SELECTION. Great care shall be taken to secure the most highly qualified teachers and other personnel. Principals are the chief administrative personnel officers for the school. Principals shall follow diocesan policies and regulations in regard to personnel matters. 5. Only those teachers who are committed to the philosophy reflected in the document to Teach as Jesus Did shall be hired. Competent practicing Catholics shall be preferred.

4111.7. CATHOLIC CHURCH TEACHINGS. All Catholic school employees are expected to respect, support, and publicly model the traditions and practices of the Roman Catholic Church.

Diocese of Springfield IL112(Policy)

For catechesis to be effective, the catechist must be fully committed to Jesus Christ. Faith must be shared with conviction, joy, love, enthusiasm and hope. “The summit and center of catechetical formation lies in an aptitude and ability to communicate the Gospel message.”3 This is possible only when the catechist believes in the Gospel and its power to transform lives. To give witness to the Gospel, the catechist must establish a living, ever-deepening relationship with the Lord. He or she must be a person of prayer, one who frequently reflects on the scriptures and whose Christ-like living testifies to deep faith. Only men and women of faith can share faith with others, preparing the setting so that people can respond in faith to God’s grace.

The fulfillment of the unique goals of Catholic education rests largely in the hands of the catechists. The beliefs and values of each person, exemplified through his/her professional and private lives, play an essential part in the educational process. It is important, therefore, that all engaged in the catechetical ministry of the diocese give assurance that they understand what it means to be a catechist in the catechetical mission of the Church. This section sets policy for all individuals ministering within the diocese in any of the programs listed in Policy §1101. (NB: See section 1101: Includes personnel in Catholic schools)

Diocese of Springfield MA113(Employee handbook)

3-19 … employees are, in their actions, expected to share, appreciate and uphold the teachings, principles, policies and traditions of the Roman Catholic Church in the Diocese of Springfield in word and example. Grounds for discipline or discharge include teaching, promoting or living a lifestyle in contradiction to the teachings of the Catholic Church, publicly advocating for a position contrary to the teachings of the Catholic Church, and proven violations of sexual morality standards taught by the Catholic Church, such as cohabitation, adultery, publicly advocating or practicing homosexuality and child molestation.

3-20. Whenever, by public example, an employee engages in or espouses conduct, which contravenes the doctrine and teaching of the Church, such employee may, at the sole discretion of the Roman Catholic Bishop of Springfield, be subject to disciplinary action up to and including dismissal. We expect our employees to be ethical in their conduct. It affects our reputation and success.

Diocese of Springfield MA114(Faculty agreement)

I know I must possess and demonstrate consistently such important qualities as ethical and moral integrity, cooperation, honesty, and resourcefulness.

Diocese of Tucson115 (2011 Handbook and Contract)

3200 PERSONNEL QUALIFICATION:

    1. Administrators …

(B) Be a person of faith who upholds the teachings of the Catholic Church. A Catholic educator’s first legal duty is to be true to the teachings of the Catholic Church. A Catholic educator is an agent of the Catholic Church and must hold to its teachings. (Shaughnessy).

    1. Teachers As role models for students, Catholic schoolteachers shall meet the following minimum requirements:

(A) Same as Administrators (B) above …

3500 Professional Conduct. Teachers in a Catholic school have been placed in a position of trust and are expected to maintain professional relationships at all times with their students both in and out of school, including vacation periods.

3510 A. Administrators, teachers, and staff shall not cause or allow any practice, activity, decision, or circumstance which:

    1. Violates the educational tradition, teachings, and mission of the Diocese
    2. Violates Canon Law of the Roman Catholic Church. …
    3. Administrators, teachers and all staff shall not cause or allow conditions, activities, or decisions that endanger or adversely affect the school’s public image or credibility, particularly in ways that would hinder the accomplishment of its mission.

Diocese of Tucson116(Contract)

CONTRACT: The Teacher agrees to conduct himself or herself at all times in accordance with Catholic morality and the rules and regulations of the Diocese of Tucson and the Parish so as to avoid any embarrassment or scandal to the Diocese or the Parish.  The Teacher agrees that if he or she should engage in any conduct in or out of the workplace which, in the judgment of the Parish, constitutes serious or public immorality, sacrilege, lewd conduct, endangerment of health or safety, abusive conduct, public scandal, or rejection of, or the holding up to doubt or question of the official teaching, doctrine or laws of the Roman Catholic Church, the Teacher may be dismissed immediately by the Parish without prior notice.  If the Teacher’s employment is terminated pursuant to this Clause, he or she may, within seven (7) days of his or her dismissal, petition the Parish Pastor to, at his discretion, review the termination decision.  Petition to the Parish Pastor shall be the sole and exclusive means of review of dismissals for violation of this Clause.

Diocese of Tulsa117(Contract)

3b. To, as a minister of the Catholic faith, teach and act in strict accordance with the precepts and teachings of the Catholic Church…

Diocese of Tulsa118 (Code of Ethical Standards)

Code of Ethical Standards. …

Section III1. …

    1. Sexual Conduct

3.1 Church leaders who have made a commitment to celibacy or who have made a marital commitment are called to fidelity to their promises, and to witness to this fidelity in all their relationships. Unmarried Church leaders are expected to exercise chastity in keeping with their state in life.

3.2. Any sexual activity with persons who are not the spouse of the Church leader is in violation of this code.

3.3 It is the personal and professional obligation of the Church leader to be knowledgeable about what constitutes sexual exploitation of another and to be familiar with the laws of the State of Oklahoma regarding sexual exploitation, sexual abuse, and sexual assault. …

3.5 Any allegation of sexual misconduct will be taken seriously and reported to the Vicar General of the Dioceses.

Diocese of Victoria119 (Policy)

…a condition of employment will include the obligation to support the distinctive character of the Diocese of Victoria by appropriate personal conduct and respect for the Catholic faith.

Diocese of Wichita120(Application)

ACKNOWLEDGEMENT: I understand that active membership in the Catholic Church is a bona fide occupational qualification for employment as a teacher in Catholic schools. For this reason, preference may be given to hiring practicing Catholic who are in good standing with the Catholic Church, or to persons whose moral convictions and behavior support and emulate the teachings of the Catholic Church. 2. The Catholic Church teaches that each marriage is sacred and permanent. Therefore, I understand that persons who are living together as though the conjugal relationship existed, or who have remarried without an annulment dissolution of the first marriage may not be hired or retained in employment. 6. I understand that if it is found that I am, or have been involved in the commission of any serious crime, public scandal, or other conduct substantially impairing my professional effectiveness, or that I have promulgated teachings inconsistent with established Catholic teachings, or that I have openly adopted a way of life inconsistent with Catholic moral standards, or that I have otherwise portrayed myself in a way that is not appropriate for student emulation in a Catholic school, I may not be hired or retained in employment with the Catholic Diocese of Wichita.

Diocese of Yakima121  (Policy manual and contracts)

1.8(A). All employees of a Catholic school must act in an honest and forthright manner in all workplace concerns…by conducting themselves in a moral and ethical manner consistent with Catholic principles. …

1.9. The principal must be a practicing Catholic, live a life style consistent with Catholic moral values, and exercise professional conduct consistent with Catholic teaching…

3.1(A) All employees who work in a Catholic school of the Diocese of Yakima agree to live a life style compatible with Catholic moral values, exercise professional conduct consistent with Catholic teaching, and promote the Catholic identity of the schools through personal example…

3.21(B) …2. Conduct, behavior or interpersonal relationships inconsistent with the mission of the Church, as determined by the principal or pastor;

    1. Public support or advocacy of issues/organizations that oppose the teachings of Church. …

Diocese of Yakima122 (Teacher Contract)

#10. The contract may also be terminated if the teacher’s life-style is incompatible with Catholic moral values or if professional conduct is at variance with the policies of the Diocese of Yakima.

Diocese of Yakima 123 (Principal Contract)

#6. Cause for discharge related to Principal conduct shall include, but is not limited to, the following: public rejection of the official teachings, doctrine, or laws of the Roman Catholic Church

Diocese of Youngstown124(Manual)

    1. Policy: All employees who work in Catholic schools in the Diocese of Youngstown must agree to respect Catholic values and help students in their faith formation by exemplifying Catholic living both in and out of the school. This includes Adherence to Catholic Teaching. This is the spirit which guides the relationship between the employer and employee in Catholic schools.

CODE OF CONDUCT: A. Professional Standards

Faculty members will provide their students solid formation in the Catholic religion and academic excellence in secular subjects.

Faculty and staff members must be willing to promote the purpose of Catholic Education through their personal lives, professional skills, word and example, both in and outside of school.

Faculty and staff members must uphold and propagate the doctrinal and moral teachings of the Catholic Church; they must be devoted to the implementation of these teachings in the daily conduct of the students.

Faculty and staff members who are Catholic must be in good standing with the church. All married faculty members must be in marriages recognized as valid by the Catholic Church. Faculty and staff members will not engage in behavior or make statements which are in conflict with the teachings of the Catholic Church. Faculty members will promote and encourage frequent liturgical celebrations as well as prayer before and after class. Faculty and staff members will encourage students to follow standards of behavior that promote academic excellence, the dress code of the school, and Christian respect for all persons, property, and lawful authority, especially the authority of the Catholic Church.

    1. Addendums

Diocese of Lafayette125

Principal/Teacher Contract

Addendum

This addendum is made part of the Diocese of Lafayette Principal (Teacher) Contract.  The following non-exhaustive and non-exclusive list of acts is deemed to be at variance and inconsistent with the moral and religious doctrines and teachings of the Roman Catholic Church:

    1. Contracting a marriage in violation of the rules of the Catholic Church. CCC Nos. 1603; 1614; 1650-51: 2384.
    2. Living with another as husband and wife, without benefit of a valid marriage. CCC Nos. 2350; 2353; 2390; 2391.
    3. Conviction of a felony or a crime which involves moral turpitude. CCC Nos. 2268; 2284-5; 2297ff; 2353-56; 2387-89.
    4. Obtaining or assisting another to obtain an abortion. CCC Nos. 2271; 2272.
    5. Actively engaging in homosexual activity. CCC Nos. 2357-59.
    6. Immoral or dishonest conduct impairing one’s effectiveness as a principal. CCC Nos. 1952; 2039; 2284-85; 2408.
    7. Becoming pregnant out of wedlock while teaching/working in a Catholic school; fathering a child out of wedlock while teaching/working in a Catholic School. CCC Nos. 1935; 1947; 2284-85.
    8. Membership in any organization which is anti-Catholic, and whose philosophy is racist and/or any was contrary to the Church’s teaching on social justice.
    9. Engaging in any activity, immoral or illegal, which sets a bad example for students (e.g. illicit use of drugs, alcohol abuse, pornography, indecent behavior or abuse of any kind). CCC Nos. 2284-85; 2354; 2335.
    10. Maintaining by word or action a position contrary to the teaching standards, doctrines, laws and norms of the Catholic Church. CCC Nos. 2030; 2032; 2044; 2072-3. NOTE: References are to the Catechism of the Catholic Church (CCC).
    11. Handbook-Based Policies

Archdiocese of Kansas City126 (Handbook)

After a discussion of the qualities of a Catholic school, Archbishop Joseph Naumann inserts a letter to his “Co-Workers in Catholic Education”. Within the letter the Archbishop describes the mission of Catholic education as emanating from Jesus Christ and states that teacher have a “special ministry” a “vocation” in the Catholic school. He states, “You are ‘called’ and ‘sent’ by Jesus, through the Church, as were the apostles. You are, as the apostles, privileged to teach and to lead. You bear witness to the TRUTH; you bring LIFE, as Jesus did.” He concludes, “May you find great joy and peace in being a ‘co-worker’ with Jesus and the Church in your vocation of providing Catholic education for our youth and young people.”

Qualifications and Expectations for Teachers. Teachers have a special calling to personal holiness and apostolic mission. They reveal the message of Christ not only by word but also by every action of their lives. It is important, therefore, that teachers understand that first and foremost they are catechists, regardless of their teaching assignment. To fulfill this religious ministry, the Catholic school teacher must be a person of faith; he/she must be one who believes in God and strives to live a life of virtue, following the example of Jesus Christ and the teachings of the Church*. A Catholic school teacher cannot personally be a part of a group or organization that advocates for activities that are contrary to the moral teaching of the Catholic Church*. Except under extreme and unusual circumstances, all teachers should be practicing Roman Catholics. As such they should be active in their parishes with respect to time, talent and treasure.

All teachers in Catholic schools must be able to accept and convey both the religious and educational goals of the Catholic school and to give service in accord with the Sacred Scriptures and teachings of the Church*. They must model Christian behaviors and attitudes; display professional attitudes and a dedication to Church teaching; participate in ongoing spiritual and professional formation; use instructional strategies that are most effective in promoting mastery learning; communicate effectively with students, parents/guardians, teachers and administrators; present content using a variety of methods that are sensitive to the individual needs of our students as well as the Archdiocesan curriculum outcomes; and maintain a classroom conducive to learning.

Faith Development. As a component of this faith formation, teachers shall participate in the school-provided review of Catholic Church teachings that are described in the Catechism of the Catholic Church and various documents from the Vatican and United States Conference of Catholic Bishops, including but not limited to, Church teachings related to the dignity of life from conception to natural death, sanctity of marriage, and the beauty of chastity. Specific Church teachings related to abortion, InVitro Fertilization, sterilization, contraception, homosexual lifestyle, marriage, and chastity, as well as Church teachings regarding social issues such as racism, care for the poor, religious liberty, and sharing of goods shall be included in this review.

Diocese of Syracuse127(Teacher Handbook, 2014)

Qualities of Catholic School Educators. We set forth here the qualities and attitudes which should be a part of the life style of all Catholic School educators. These characteristics should stimulate all who are involved in the educational ministry to integrate religious truths and values as they strive to develop the full intellectual, religious, social, physical and emotional potential of each student. The Catholic school educator is a person of faith: Who reflects the Gospel message and professes that message in action and personal attitudes: Whose own prayer life is ‘living, conscious and active’; Who is truly committed to and enthusiastic about being part of Catholic education and, therefore, constantly strives toward excellence in teaching and in dedication to the Catholic School system; Who makes students aware of the need to be ministers of the faith as they grow into adulthood as lay persons, as priests, or members of the religion; Who accepts and supports the faith community not only as a concept to be taught but a reality to be lived. The Catholic school educator is a person who builds community: Who works to form a strong community with understanding, cooperation and support among faculty, students and parents: Who promotes social justice and peace in the school and the local community; Who is aware of the human worth and dignity of students and so maintains a classroom and school where the environment is conducive to the growth and development of students; and who helps to develop student potential for Christian leadership within the parish, school and the civic community. The Catholic School educator is a person who serves: Who is generous and unselfish in responding to the needs of the administrators, faculty, parents, students and the Church; Who strives to create ways for students to help each other in all school activities; Who fosters apostolic consciousness and commitment in himself/herself and in students, helping them to be aware of the need to be active and concerned about others in their family, in their community and in their parishes; Who helps students develop skills necessary for adjusting in a changing world and society; Who instills in students those human values necessary to community-trust, freedom and fairness.

Philosophy and Principles. Each Catholic School Teacher and Administrator shall treat students, parents, and colleagues in a manner consistent with the Gospel message and the Catholic Church’s teaching. Each Teacher and Administrator is also expected to be familiar with the philosophy and principles set forth in the below-listed documents, which set forth the Church’s philosophy and teachings regarding Catholic education and the essential convictions and commitments of Catholic educators:

    • To Teach as Jesus Did: A Pastoral Message on Catholic Education (Washington, DC: USCCB, 1973).
    • Catechism of the Catholic Church, 2d ed. (Washington, DC: USCCB Libreria Editrice Vaticana, 1997), available at http://www.vatican.va/archive/ ENG0015/_INDEX.HTM (last accessed July 28, 2010.
    • Lay Catholics in Schools: Witnesses to Faith (1982), www.vatican.va/…/rc_con_ ccatheduc_doc_19821015_lay-catholics_en.html (last accessed July 28, 2010). 10/27/14 Page 9
    • Renewing Our Commitment to Catholic Elementary and Secondary Schools in the Third Millennium (Washington, DC: USCCB, 2005), available at http://www.usccb.org/bishops/schools.pdf (last accessed July 28, 2010).

Diocese of Boise128(Human Resource Handbook)

Because the parish/school is a church employer, the job description should also recognize that there is not simply a “job” function to the particular position, but also a “mission” to the ministry performed, and this mission should be consistent with the vision of the ministry provided. Even clerical and administrative positions are a ministry contributing to the overall well-being of the parish’s/school/s overall mission. The descriptions should be written with this thought in mind, and, if possible, articulate the position’s relationship to the overall ministry of the parish.

Diocese of Davenport129(Covenantal language, Call, and Commissioning)

    1. CONTRACTS, AGREEMENTS AND COMPENSATION
    2. A Covenant Relationship.

The contract/agreement in the educational system of the Diocese of Davenport established a covenant relationship for a definite period between the individual employee and the Catholic educational community. It documents a call and a commissioning to share in the educational mission of proclaiming the Good News to all of creation. The contract is an agreement between the board of education and the employee. It specifies the nature of the services to the Catholic community intended by the board in exchange for a specified compensation. In addition to the terms of employment usually contained in contracts specifying accountabilities and compensation for same, the contract should say in a simple way the expectations with regard to our Catholic beliefs, attitudes, and behavior. It is desirable that the contract affirm that all parties concerned are to endeavor to live ideals of Catholic life including the building of Catholic community and the fostering of social justice. For boards and administrators, social justice includes such things as a just wage, fairness in decision making, the treatment of employees with dignity and respect. For employees it means “a day’s work for a day’s pay.” It means living not only the letter but the spirit of the goals and ideals of the Catholic educational program.

Diocese of Gary130 (Teacher Employment Agreement)

THIS EMPLOYMENT AGREEMENT is made and entered into this ____ day of ____________, 2015, in _________________, Indiana by and between ________________________________________________ (hereinafter called “school”), and _______________________________, (hereinafter called “teacher”).  The School and teacher agree as follows:

    1. Ministerial Duties/Morals Clauses
    2. To teach in a Catholic school is to accept a ministry. The teaching ministry must clearly reflect the Catholic Christian spirit of love, understanding and humility. This ministry is witnessed not only in the manner in which the teacher performs his/her task of teaching, but also in the example the teacher sets for the students both in and outside the classroom.  This witness extends beyond the teacher’s individual classroom to include everyone associated with the school, parish, and diocese.
    3. Because the teaching ministry is exercised in the context of the Catholic Church, it is hierarchical in nature. Respect for the authority and earnest cooperation with the principal and administration of the school are essential. Therefore, the teacher understands, accepts, and agrees to maintain at all times, the proper Catholic Christian attitude and spirit of cooperation as an essential element of complying with the terms of this contract.
    4. Furthermore, in carrying out his/her duties under this agreement, the teacher agrees to faithfully reflect the teachings of the Roman Catholic Church, in mind and in deed, and at all times, both in and out of school, to abide by the official teachings of the church, as interpreted by the Bishop of the Diocese of Gary. Teacher understands that Catholic theology is part of every subject taught in the school and that part of teacher’s ministry in the school is to apply the theological doctrine and teachings of the Catholic Church. Failure to comply may result in the immediate termination of this contract…
    5. Termination of Contract. This contract is a contract for employment at-will and may be terminated by the teacher, the pastor of the parish, the principal of the school, and/or the Superintendent of Catholic Schools (hereinafter called “Superintendent”), at any time, for any reason.
    6. a) The School may terminate this contract for reasons including, but not limited to, the following:
    • Failure to abide by the terms of Part A “Ministerial Duties/Morals Clauses” above.
    • A shift of enrollment which eliminated the need for employing the teacher.
    • The determination that the teacher has not competently fulfilled his/her teaching duties.
      • The determination that the teacher is involved in an offensive behavior or has taken a public position against any of the teachings of the Roman Catholic Church.
      • The determination that the teacher is unable to perform his/her duties in the classroom.
      • In the case of members of a religious congregation this contract shall be considered terminated if the herein named teacher ceases to function as a member of that religious congregation.
      • For any other justifiable cause.

Diocese of Gaylord131(Parish Ministry Contract-Parochial School Teacher Revised 5/14)

This PARISH MINISTRY CONTRACT made this _____ of, by and between Parish of _______, (hereinafter referred to as “Parish”), and _______, (hereinafter referred to as “Teacher/Minister”).

WITNESSETH:

The Parish hereby agrees to hire the above-named Teacher/Minister to engage in educational ministry in School (hereinafter referred to as “School”) for one (1) school year beginning _____, 20__ and ending _____, 20__. The Teacher/Minister needs to be present in school from _____, 20__ to _____, 20__. This Employment Contract is not automatically renewable. The School will pay the Teacher/Minister an annual salary of $_____________, in equal installments, payable (time of payment – i.e. biweekly), and subject to payroll deductions required by law and other deductions authorized by the Teacher/Minister. Any additional benefits will be set forth in a supplement and attached to this Contract.

The Teacher/Minister hereby accepts the terms of this Contract and the accompanying job description and agrees to perform the services required of the School and will assist the School in carrying out its Catholic educational ministry and policies during the entire term of this Contract. The Teacher/Minister recognizes and accepts the fact that the School is an apostolate of the sponsoring Parish; that every teacher in the School is a minister in that apostolate, and that contracting to teach in a Catholic School implies understanding its special mission and orientation. Accordingly, the Teacher/Minister agrees to conduct him/herself personally and professionally so as to reflect plainly and consistently the values, ministerial, and operational principles of the Parish/School, the Diocese of Gaylord, and the Universal Church. The Teacher/Minister also recognizes and acknowledges the fact that there is within the Catholic Church a body of officially taught and commonly accepted beliefs, the communication of which is a fundamental purpose and mission of a Catholic School and that its students have a right to expect such communication implicitly and explicitly from its teachers regardless of the subject areas, grades, or courses being taught, and the Teacher/Minister agrees not to make any communications to students that in any way contradict or reject those teachings or commonly held beliefs. The Teacher/Minister further understands and agrees that it is her or his duty to teach/administer and live in accord with what the Catholic Church holds and professes, and agrees to loyally observe the general rules and regulations applicable to those who minister in Catholic Schools in the Diocese of Gaylord as well as such special regulations or decrees as have been fixed and promulgated by the Parish, School or Ordinary of the Diocese of Gaylord. This Contract takes the place of and supersedes any and all prior existing contracts between the parties to this Contract.

The Teacher/Minister represents that all information submitted in any application materials is truthful and accurate and he/she holds all necessary certificates and other qualifications required by law.

It is mutually agreed between the parties hereto that this Contract shall terminate upon expiration of the School year term herein contracted for. Nothing in this Contract may be construed as a promise of employment after the end date. Nothing in this Contract may be construed as a promise of tenure. An offer to renew this Contract with the same or similar terms may be made at the end of the employment period at the sole discretion of the Principal and Pastor.

Within the school year, this Contract may be terminated for any one of the following reasons:

    1. Uncertain financial conditions within the School or Diocese;
    2. Complete or partial closing of a Teacher’s department, office or position;
    3. Unwillingness of a Teacher to abide by the policies, procedures and rules of the School, Parish or Diocese;
    4. Work performance that does not manifest competency or the fulfillment of basic expectations and requirements of the position;
    5. Excessive use of sick leave;
    6. Inability to work within the basic philosophy, goals and purposes of the School, Parish and Diocese of Gaylord;
    7. Chronic tardiness, chronic/problematic substance abuse, professional or criminal violations;
    8. Insubordination, intimidation, or failure to follow instructions of superiors;
    9. Misrepresentations in a Teacher’s application, resume, evaluations, or work records or reports;
    10. Personal practices; malpractice; unethical practice; conflicts with fellow workers or attitudes or behaviors within or without the work place which are contrary to the teachings and doctrinal practices of the Catholic Church, or affect the morale, job performance or rights of other workers or reflect negatively upon the Parish, School or Diocese or colleagues; or lessen respect for lawful authority in the Church at the parish, diocesan or universal levels, or conflict with the mission of the sponsoring parish.
    11. By mutual consent at any time;
    12. The teacher may resign at any time by submitting at least fifteen (15) days written notice to the Principal of the School.

The foregoing items for which the School may determine that a Teacher/Minister’s services shall be terminated are not complete or exclusive of other reasons not articulated here. There may be other conduct or circumstances which would cause the School to determine that a Teacher/Minister’s services are no longer required or desired. The Teacher/Minister agrees that, in the event of termination of this Contract, he/she shall not be entitled to any compensation from and after the date of such termination. The amount of compensation shall be determined on a pro rata basis based on the date of termination.

During the Contract term, the Teacher/Minister has the right to present to principal and/or pastor any matter of personal concern or dissatisfaction regarding their employment or dismissal. After all informal efforts to resolve the issue have proved ineffective the complaint will be handled according to the formal complaint policy as listed in the Diocesan Employee Manual. Non-renewal of the contract is not a matter of formal complaint.

Diocese of Salina132 (Contract)

Teachers understand that they are ministerial employees subject to a morals clause requiring them to live in accordance with Catholic teachings, inside and outside the classroom, regardless of their own personal faith.

Archdiocese of Seattle133(Standardized Teacher Ministerial Covenant)

Be the shepherds of the flock God gave you, and look after it willingly as God would want you to, and not unwillingly. Do not work for mere pay but from a real desire to serve. Do not try to rule over those who have been given into your care, but be examples to the flock (1Peter 5:2-3).

The teacher agrees to respect Catholic values and to aid students in Christian formation by exemplifying Catholic living, both in and out of the classroom. Catholic schools educate their pupils to promote efficiently the good of the earthly city, and prepare them for the service of spreading the kingdom of God, so that by the exercise of an exemplary and apostolic life they may become, as it were, the saving leaven of human society. Bound by love to each other and to their pupils and imbued with the apostolic spirit, administrators and teachers bear witness by their life and teaching to the one teacher Christ (Gravissimum Educationis, 8).

This is the spirit that characterizes the covenantal relationship between the employer and the employee on the Catholic School.

The following items of agreement are meant to give specific delineation to certain aspects of the relationship. This covenant is entered into this day of ___, for the academic year 20____- 20____ beginning September 1, 20___ and concluding August 31, 20___ by and between, hereinafter referred to as “teacher” and , hereinafter referred to as “employer”…

    1. The teacher agrees to comply with all terms of this covenant; demonstrate general competency; perform the duties incumbent upon him/her as a teacher and give professional evidence of effective teaching.

This covenant may also be terminated if the teacher’s life-style is incompatible with Catholic moral values or if his/her conduct is at variance with Catholic teaching.

Safe Environment Documents

Diocese of Amarillo134 (Code of Conduct excerpt)

As leaders in the Church founded by Christ, those who minister within our parishes and institutions must always seek to uphold Christian values and conduct. In addition to following the Gospel and its mandates, they will want to act properly at all times in the light of contemporary society and its needs.

Diocese of Beaumont135 (Ethical and Responsible Conduct Policies)

ETHICAL AND RESPONSIBLE CONDUCT POLICIES: Basic ethical and moral standards. This policy establishes basic standards of ethical and moral conduct for all church personnel associated with the Diocese of Beaumont. Fundamental to our mission is the personal integrity and the highest ethical standards of all those who represent the diocese. The intent of this policy is to insure that all personnel follow the traditional strong moral and ethical standards of the Catholic Church. Church personnel enjoy a public trust and confidence. It is essential that they view their own actions and intentions objectively to assure that no observer would have grounds to believe that any irregularity in conduct exists. All church personnel have a responsibility to uphold the standards of the Catholic Church in their day-to-day work and personal lives. These include, but are not limited to:

Prohibited Conduct: All church personnel are to exhibit the highest ethical standards and personal integrity, therefore church personnel should not engage in the following: Formally rejecting the teachings of the Catholic Church or the Christian way of life; Exhibiting actions that are disruptive to the ministry and public worship; Procuring or participating in abortion, homicide, or euthanasia; Engaging in behavior contrary to the moral teachings of the Catholic Church; Adultery, promiscuity, illicit co-habitation…

Diocese of Wilmington136(Safe Environment Principles)

PRINCIPLES. These Standards are based on three principles of integrity found in all effective ministerial leaders. Principle one is reflective of a basic understanding of self, especially in respect to one’s spiritual vocation. Principle two, reflecting the Lord’s command to love neighbor as self calls for a deep sensitivity and respect for others. Principle three, addresses the responsibility for balanced ministerial relationships. All trust-based relationships depend on each individual’s ability to balance these two principles of self-knowledge and a keen regard for others. In ministerial relationships, this burden always falls on the minister, the individual being sought for service, help and advice. Nearly all breaches of integrity and morality are ruptures of this trust-based relationship.

    1. Church Personnel will exhibit the highest Christian ethical Standards and personal integrity reflective of the teachings of the Gospel. Church Personnel will at all times conduct themselves in a professional manner including developing and maintaining the level of professional competence commensurate with their ministerial duties.
    2. Church Personnel will witness God’s love showing sensitivity to, reverence and respect for each individual with and to whom they minister.
    3. Church Personnel will be conscious of the unique power they have in relationships due to the trust they are given and the visibility of their witness and leadership.
    4. Church Personnel assume the full burden for setting and maintaining clear, appropriate physical and emotional boundaries in all ministerial relationships.
    5. Church Personnel will avoid taking unfair advantage of ministerial relationships for the benefit of themselves or others.
    6. Church Personnel will not physically, sexually or emotionally abuse or neglect any person.
    7. Church Personnel have a duty to report their own ethical and professional misconduct and the misconduct of others.

 

 

 

Faith and Morals Language in Catholic School Teacher Employment Documents: Best Practices Brief

/in , /by
Click here for PDF

In an effort to encourage discussion and to assist educational leaders as they ensure the Catholic identity of their schools, The Cardinal Newman Society has compiled these best practices in Catholic school employment agreements from Catholic dioceses in the United States.  Statements included represent strong examples of different mechanisms dioceses are using to articulate the expectations they have of their teachers in the area of faith and morals.  Best practice in invoking a faith or morals clause involves ensuring the teacher understands and participates in the school’s religious mission and is aware of areas of potential moral concern.

Diocesan policies and statements regarding teachers were collected in the second quarter of 2015 primarily from documents publicly available on the Internet, and in some cases by direct contact with a diocese. This brief presents but a few selected examples from a much larger gathering of employment documents from more than 125 dioceses, which are published in our companion report, Faith and Morals Language in Catholic School Teacher Employment Documents: A Compilation from Diocesan Statements, Handbooks and Contracts.  If a diocese is not included in either report, it does not necessarily mean that the diocese does not address faith and moral issues in its employment documents, but only reflects our inability to obtain such documents.

Excerpts have been taken from longer documents and formatted for consistency.  Because referenced documents are likely to change over time, direct contact with a diocese is the only way to ensure up-to-date accuracy.

The Cardinal Newman Society’s researchers are currently using the more extensive collection in forthcoming research on this topic.  The hope is by making this raw, compiled data readily available to Church officials, it might prove helpful for them as they evaluate their own practices.  This document is not presented as legal advice.  Catholic school leaders are encouraged to speak with each other and with their attorneys about their approaches to critical employment issues. As a corollary to this piece, the Newman Society has published a comprehensive overview of the Magisterium’s expectations of its Catholic teachers, The Call to Teach: Expectations for Catholic Educators in Magisterial Teaching.

Selected exemplar resources in this brief include:

  1. Pre-Application and Application Statements
  2. Stand-Alone Faith and Morality Documents
    1. Bishop’s Statements Incorporated into Employment Agreements
    2. Morality Statements
    3. Witness Statements
    4. Belief Statements/Oaths
  3. Contract and Handbook Clauses
    1. Generic Morals Clause Language: Positive and Negative
    2. Specific Language within Employment Documents
    3. Addendums
  4. Handbook-based policies
    1. Formative Language
    2. Dealing with infractions
  5. Description of Teachers as “Ministers” and Ministry Clauses
  6. Safe Environment Documents

Pre-Application and Application Statements

One tool some dioceses are using to ensure from the onset of employment that prospective Catholic teachers understand the faith-based nature of their responsibilities is referred to as “pre-application statement.”  This no-nonsense approach has the benefit of ensuring that future employees will not be surprised to discover that they are working for the Catholic Church, or that being a Church employee requires remaining a credible witness to the faith.

The Dioceses of Sacramento and San Diego (included in compilation) both have strong examples of “Pre-Application Statements” which prospective employees read and sign prior to completing an application.  The Diocese of Sacramento’s statement is longer by two pages and includes a narrative on the mission of the Church and the expectation of employees to share in that mission and give public witness to the Catholic faith through their life choices. The Diocese of Sacramento specifies that “the notion of ‘gay marriage’, and the adoption or placement of children in anything other than a traditional family setting, secularism, the paring back of religious freedom rights, or the restriction of … liberty of conscience, anti-Catholicism, or anti-Catholic biases, [and] the abuse of alcohol or the use of illegal narcotics or other controlled substances” are contrary to the teaching of the Church.  Both Dioceses clarify that living a life of integrity and personal witness is a requirement for employment.  They give clear notice that “employment by the Roman Catholic Church is not for everyone” and that “Those unable to authentically witness the Catholic faith by their lives may wish to reflect and seek pastoral guidance before applying for employment or ministry in the Church”.

Also included in this section is a “Non-discrimination Clause” from the Diocese of Fort Wayne-South Bend, which clearly articulates the right of the Church to prefer Catholic candidates and that faithfulness to Catholic faith and morals is a criterion of employment selection and retention.

Sample “Pre-Application Statement” for the Diocese of Sacramento1:

Employment/Ministry in the Church Pre-Application Statement

“Go out to the whole world and proclaim the Good News to all creation.”

(Mark 16:15)

Mission Statement of the Diocese of Sacramento

We, the People of God of the Catholic Diocese of Sacramento, guided by the Holy Spirit, are called by Christ to proclaim the Good News of the Kingdom of God through prayer, praise and sacraments and to witness the Gospel values of love, justice, forgiveness and service to all.

All Christ’s faithful, by virtue of their baptism, are called by God to contribute to the sanctification and transformation of the world.  They do this by fulfilling their own particular duties in the spirit of the Gospel and Christian discipleship.  Working in the Church is a path of Christian discipleship to be encouraged.  Those who work for the Church continue the mission and ministry of Christ.  Their service is unique and necessary for the life and growth of the Church.  This has been our tradition from the beginning, as echoed in the words of St. Paul who worked with and relied on other men and women in the work of spreading the Gospel.  St. Paul was known to acknowledge and thank them, at times calling them, “my co-workers in Christ Jesus” (Romans 16:3-16).

The Church needs the services of dedicated lay persons who have a clear knowledge and proper understanding of the teachings of the Church and a firm adherence to those teachings, and whose words and deeds are in conformity with the Gospel.  All who seek employment or ministry in the Church are expected to continue their formation and their willingness to learn and grow and to deepen their desire to serve the Lord with excellence and generosity.  Those employed by the Church in our Catholic schools, parishes and institutions, as coworkers in the vineyard of the Lord, are rightly expected to be practicing Catholics whose faith is an essential part of their daily lives and who participate fully in the communal worship and life of the Church.

We recognize that persons who are non-Catholic Christians are also called by the Lord to stand before the world as a witness to his life and resurrection.  We, therefore, welcome collaboration with such persons of good faith who share our Catholic vision on important social, moral and ethical issues.  It is important for anyone interested in collaborating with us in our work and ministry to have an understanding of the Catholic Church and her teachings.

Our Catholic religious beliefs provide the basic framework for our moral, ethical and social teachings.  It is important for anyone interested in collaborating with us in our work and ministry to have an understanding of these teachings.

The Catholic Church has a special commitment to the poor, the oppressed, and the immigrant.  We are committed to promoting a “Culture of Life” from the moment of conception to the moment of natural death.  We believe in the inherent dignity of the human person, created in the image and likeness of God, and possessing basic rights endowed by God, including the right to life, the right to religious liberty, and the right to be treated justly with dignity and respect.  We believe human sexuality and human procreation are gifts from God to be shared through the risen Christ only by those joined in marriage, an institution that is itself instituted by Almighty God.  We believe that all persons are called by God to live chaste lives by virtue of their own dignity and according to their state of life.  We believe in the rights of workers to just working conditions, just wages and benefits, as well as the right to organize and join unions or other associations.  We oppose all forms of oppression and exploitation, including racism, sexism, pornography, sexual abuse and harassment, and unlawful discrimination.

As a community of believers, we embrace as a matter of faith, the teachings, policies and beliefs of the Magisterium of the Catholic Church, as defined in the Deposit of Faith.  We, therefore, reject anything which is contrary to that teaching, including:

  • Abortion, euthanasia, assisted suicide, artificial contraception, voluntary sterilization, and the unnecessary use of capital punishment;
  • Pornography and obscenity, adultery, cohabiting in sexual relationships of any nature outside of marriage, homosexual activity, the notion of “gay marriage,” and the adoption or placement of children in anything other than a traditional family setting;
  • Secularism, the paring back of religious freedom rights, or the restriction of religious liberty and liberty of conscience, anti-Catholicism, or anti-Catholic biases;
  • The abuse of alcohol or the use of illegal narcotics or other controlled substances; and
  • Violence or the use of force to resolve social, political or religious problems.

Must the Church’s employees share the Church’s vision and witness the Catholic faith in their life and work?

Yes.  Every member of the Church must stand before the world as a witness to the life and resurrection of the Lord Jesus.  This is particularly important for those person who work and minister in the name of the Church.  In our daily affairs and our work, we, as faithful disciples of the risen Christ, must be guided by a Christian conscience, since even in secular business there is no human activity that can be withdrawn from God’s dominion.

The Diocese, in its role as an employer, expects all employees to be persons, who by word and deed, support and advocate the positions of the Catholic Church.  We understand that employment by the Roman Catholic Church is not for everyone, because there are people of good faith who disagree with our teachings and views.

Those unable to authentically witness the Catholic faith by their lives may wish to reflect and seek pastoral guidance before applying for employment or ministry in the Church.

Does the obligation to share the Church’s vision also pertain to employees who are not Catholic?

Yes. As Catholics, we believe that our Faith is universal — that’s what the word “Catholic” means.  Thus, even if a person is not Catholic he or she remains called by the Lord to stand before the world as a witness to Christ’s life and resurrection.  Persons whose lives do not witness the teachings of the Catholic faith by virtue of their own objections or disbelief, or are unable to witness the Catholic faith by virtue of their lifestyle choices or public conduct, do not meet the basic criteria to work or minister in the name of the Church.

After you have carefully reflected on what is contained in this Pre-Application Statement, we invite you to complete the Acknowledgement and Applicant Questionnaire, if you are interested in seeking employment with the Diocese of Sacramento.

Acknowledgment

By signing below, I hereby acknowledge that I have received and read the foregoing Pre-Application Statement of the Diocese of Sacramento.  After reading and reflecting upon the teachings and beliefs of the Catholic Church, and the manner in which those matters impact lay employees of the Diocese, I wish to apply for employment with the Diocese, with a full understanding of the religious nature of the Diocese as an employer.  I understand the Diocese’s expectations that if my application for lay employment results in my being hired, I will be subject to standards of conduct that incorporate the teachings and beliefs of the Catholic Church as set forth in the Pre-Application Statement, and that these performance expectations will be a material condition of my employment.

Sample Application Statement of the Diocese of Fort Wayne-South Bend2

The Diocese of Fort Wayne-South Bend, Inc. maintains a policy of nondiscrimination in its hiring and employment practices.  Hiring and employment practices are based on job-related criteria including, but not limited to, one’s fidelity to the Catholic faith, comporting oneself in a manner that is not detrimental to the Catholic Church or inconsistent with its teachings or principles, individual merit, ability, experience, performance, education, and training.  This policy extends to all aspects of employment including recruitment, selection, compensation, reasonable accommodation, promotion, transfer, training, retention, and termination.  Since the distinctive and unique mission of the Diocese is primarily religious, the Diocese will, whenever possible, hire a Catholic in good standing to perform work for the Diocese.

  1. Stand-Alone Faith and Morality Documents

To address the faith and morals of teachers currently employed in their schools and to make Church teachings more explicit, several dioceses have created specific documents expressly related to this topic.  Some helpfully refer to the Catechism of the Catholic Church as a reference point for non-acceptable behavior.  Direct reference to the entire Catechism is a best practice, because it not only solves the potential legal question of where to find authoritative, clearly articulated, and binding theological and moral norms for use in adjudication, but also has the added benefit of addressing a much broader scope of possible flashpoints in a deeper context than can be addressed in an employment document.  This helps clarify two important legal questions in a termination related to morality clauses: Was the employee aware of what was expected (did they know that their behavior violated expectations), and how is immorality defined or understood in particular instances so as to avoid an arbitrary enactment of the clause by the employer?  These stand-alone documents seek to attend to such issues and take several forms including: formal teachings by the bishop incorporated into employment agreements, moral standards documents, witness statements, and professions of faith.  Examples of each are below.

Bishop’s Teachings Incorporated into Employment Agreements

Because of the highly contentious nature of faith and morals issues, some pastorally minded bishops have issued specific instruction on what is expected from their teachers.  The Bishops of Santa Rosa and Cleveland have both followed this route.

The revised contract (2015) for teachers in the Diocese of Cleveland3 presents a detailed listing of moral norms expected of Catholic school teachers who, whether certified catechists or not, are expected to model, as well as teach, the Catholic faith.  The Cleveland Diocese also includes a Statement on the Purpose of Catholic Schools and the Role of Teachers and Administrators in Catholic Schools4written by Bishop Richard Lennon and incorporated as an attachment to each contract.  The document describes the mission of Catholic education and forcefully emphasizes the elevated-employee/ministerial nature of administrators and teachers within a Catholic school.  The Bishop states it is “primarily through you [the teacher] that the school is able to cultivate the love of Christ and kindle the light of Christ in the hearts of its students” and “[a]s such, it is a great honor and privilege [for teachers] to play such a special and important role in the life of the Church”.  The document emphasizes the importance of personal integrity, calling on numerous magisterial documents such as Gravissimum Educationis (section 8) and Lay Catholics in Schools, Witnesses to Faith (section 32) to address the necessity of modeling Christ, the perfect teacher.

Below are excerpts from Bishop Robert Vasa of Santa Rosa, which demonstrate that while much of the employment language must, ipso facto, be legalistic, the greater effort being pursued by the Church is one of pastoral sensitivity, instruction, and clarity. (See also Bishop Vasa’s April 2004 letter titled Giving Testimony to the Truth.)5

Sample comprehensive teaching document for the Diocese of Santa Rosa6 (excerpts from 15-page employment agreement):

Code of Ethics for the Teacher in a Catholic School

PREAMBLE

“GO TEACH!”  With these words, Christ sent His first disciples on mission.  Since the beginning of Christianity, Catholic education has been one of the most important ways in which the mission of the Church is carried out.  This education manifests a foundational anthropology, a basics sense of the human being, namely (that) all persons are created in the image and likeness of God, are fallen in view of original sin, and are redeemed by Jesus Christ.  To understand, to teach and to model this anthropology are particular requirements of those entrusted with the Church’s educational mission.  Thus, in large part the success of Catholic education depends upon the professional competence, quality, and above all, the commitment of the teacher to Christ.

The Code of Ethics for the Teacher in a Catholic School is a description of a person who is growing in various dimensions of experience.  The Code specifies the attitude and the practice of the teacher in relation to the Church, the student, the parent, the community, and the profession.  In relationship to the Church in particular, the teacher is not called to an unrealistic perfection but rather to continual growth in understanding and in appreciation for the Church in all Her dimensions.  Here, what is meant by ‘continual growth’ also includes ongoing spiritual conversion (i.e., a more complete turning toward God) in one’s soul.  This kind of conversion can include a humble acceptance of the standing offer of God’s mercy, which acceptance always moves a person deeper into the heart of the Church.  In any case, conversion is like ‘professional development’.  That is, just as every teacher recognizes a responsibility to grow so as to keep abreast of developments in the profession, so too the teacher in a Catholic school recognizes a responsibility to grow in efficacy regarding the Church.  In sum, whether personally or professionally, the Code of Ethics for the Teacher in a Catholic School represents a guide by which to live, a goal toward which to strive and a promise of lasting success.

The Diocese of Santa Rosa recognizes and claims its Catholic Elementary and High Schools as educational institutes established to promote and foster the teachings and values of the Catholic Church.  The Diocese recognizes that these Institutions have an integral and significant role in the positive presentation of the Catholic faith to the hearts of their students and to our society.  The primary purpose of our Schools, without minimizing others, is evangelization.  Catholic Schools, in the course of their educational efforts, provide an essentially ecclesiastical ministry.  “The duty and right of educating belongs in a unique way to the Church which has been divinely entrusted with the mission to assist men and women so that they can arrive at the fullness of the Christian life” (Canon 794, § 1).

Preamble by +Robert F. Vasa, Bishop of Santa Rosa

Principle I: Commitment to the Church

Presidents, principals and teachers are employed, either directly or indirectly, by the Catholic Church for the express purpose of assisting “men and women so that they can arrive at the fullness of the Christian life”.  Thus, in addition to specific employee duties, they also share in the mission of the Church and therefore have the responsibility of fostering-through their positions and in the lived reality of their lives—the values, principles, doctrines and teachings of the institutional Catholic Church or, at least, of never publicly contradicting them.  In fulfilling our obligation to the Church, we are called to:

  1. Recognize that we are part of the overall educational ministry of the Catholic Church even when some of the persons instructed are not adherents of the Catholic faith.
  2. Recognize that as human beings, we are called by God to a life of holiness. We recognize that, without diminishing our freedom, this call orients us to heed God in our thoughts, words and deeds. We further recognize that this call is all the more compelling for us since, in our lives and vocations as teacher/administrators in a Catholic school, we have been entrusted with the task of helping students “arrive at the fullness of the Christian life” (Canon 794, § 1).
  3. Recognize that we must be models of “exemplary life both personally and professionally” (cf. employment contract). Thus, whether we are at school or outside of school, our public behavior is to be in conformity with Church teaching as expounded in The Catechism of the Catholic Church.
  4. Recognize our duty, to the best of our ability, to know “Church Teaching” (cf. contract) and, if Catholic, to believe in accord with what the Catholic Church holds and professes.
  5. Recognize that we have a responsibility to continue to seek a fuller understanding of the Faith that the Catholic Church professes. Accordingly, we are to take advantage of opportunities offered by the Diocese or Parish to foster Faith, to properly form conscience and to deepen understanding of the Church’s teaching.
  6. Recognize that, in its entirety, The Catechism of the Catholic Church constitutes the source and standard according to which all the ethical matters stated or implied in this Commitment and in the contract are understood and adjudicated.
  7. Moral Statements

Jointly, the Dioceses of Helena and Great Falls-Billings in Montana have created a stand-alone document called Catholic Moral Standards for all Catholic school employees and volunteers.  After the employee reads, agrees, and signs this acknowledgement form, it is placed in their personnel file.  By requesting a signature on a separate document as opposed to simply signing a handbook or contract, the issues related to moral and theological matters are placed front and center in the employment agreement.  They are therefore less likely to be violated accidentally and preclude the employee from claiming insufficient notice about potential violations.

Sample Catholic Moral Standards Document for Montana Catholic Schools7:

Catholic Moral Standards
for All Catholic School Employees and Volunteers

A signature is required below to acknowledge that the Catholic school employee (teacher, support staff, coach, etc.), or volunteer has read and understands the Catholic Moral Standards as an essential expectation to his/her position with the Catholic school.

As a Catholic school employee or volunteer, I understand …

_____ that I will not engage in any conduct or lifestyle, whether in my personal or public life, that would be at variance with or contrary to the moral and religious teachings of the Roman Catholic Church

______ that I will not engage in any conduct or lifestyle, whether in my personal or public life, that would be at variance with or contrary to the moral and religious standards as described in Catholic school polices, Diocesan policies, or my employment contract

Please Note: These standards have been and will continue to be printed in the Catholic Schools’ personnel handbooks, as well as on the teacher’s contract.

I understand the terms of the Catholic Moral Standards and recognize that any personal conduct or lifestyle (public or private) that violates the Catholic moral standards may result in personnel discipline up to and including dismissal from employment.

I also understand that if I have any questions regarding the Catholic Moral Standards, I will submit them to the school administration, in writing and the school administration will provide a response in a timely manner.

Witness Statements

Similar to a stand-alone faith and morality statement, but perhaps offering greater emphasis on the evangelical nature of teaching in a Catholic school, some dioceses, such as the Dioceses of Peoria8 and Arlington9 and the Archdiocese of St. Louis10 require teachers to sign a witness statement attesting to the fact that they have been “called to be witnesses to the life and teachings of Jesus Christ and the Catholic Church.”  Teachers agree that they will “witness by their public behavior, actions and words, a life consistent with the teachings of the Catholic Church” and that they “believe in God, support belief in Jesus Christ, engage in prayer, respect ecclesiastical authority, possess a knowledge of the Catholic Church, [will] not take a position contrary to the Catholic Church, [will] demonstrate a life consistent with the teachings of the Catholic Church, have not rejected the Catholic Church, and [are] active members of the Catholic Church.”

Sample witness statement for the Archdiocese of St. Louis:

Witness Statement for Those Who Serve in Catholic Education

The mission of Jesus Christ and the Holy Spirit is the mission of the Catholic Church, to reveal God the Father, Son, and Holy Spirit to all people and to teach them about the fullness of His love.  “Indeed the primordial mission of the Church is to proclaim God and to be His witness before the world” (GDC).  Catholic education shares in a special way in the Church’s mission by proclaiming and witnessing Jesus Christ and His teachings.

Catholic education, which includes education, formation, and transformation, exists in order to evangelize.  Two important elements that make up the process of evangelization are proclamation and witness.  It is essential, therefore, that those who serve in Catholic education proclaim Jesus Christ, His life and ministry, present the Catholic faith in its fullness and be Christ’s witness to the world.

Initially those being evangelized will be attracted to and listen to those who are good witnesses.  “The Good News proclaimed by the witness of life sooner or later has to be proclaimed by the word of life” (Evangelii Nutiandi).  Some in Catholic education—religion teachers, PSR catechists, educational and catechetical leaders—are called to be explicit proclaimers of the Word.  But all who serve in Catholic education are called to be witnesses to the life and teachings of Jesus Christ and the Catholic Church.  Therefore, the following Witness Statement applies to all who serve in Catholic education.

All who serve in Catholic education in the parish and school programs of the Archdiocese of Saint Louis will witness by their public behavior, actions, and words a life consistent with the teachings of the Catholic Church.

Only those persons who can support this Witness Statement are to be employed by pastors, principals, and directors/coordinators of religious education.

All who serve in Catholic education in the Archdiocese of Saint Louis should be made aware that support of this Witness Statement must be reflected in their public behavior.

All who serve in Catholic education should:

  • believe in God
  • support belief in Jesus Christ
  • engage in prayer
  • respect ecclesiastical authority
  • possess a basic knowledge of the Catholic Church
  • not take a public position contrary to the Catholic Church
  • demonstrate a public life consistent with the teachings of the Catholic Church
  • practice respect and reverence for others and prudence with regard to confidential information related to work
  • if Catholic, have not publicly rejected the Catholic Church be active members of the Catholic Church, or of their own Church
  • if not Catholic practice exemplary stewardship and ethical behavior with regard to Church property and funds.

The above is a thorough but not all-inclusive listing of the implications of this Witness Statement.

  1. Belief Statements/Oaths

These are highly personal yet publicly made statements attesting to deeply held beliefs. They require the employee not only to acknowledge and work in the context of truths held by the faith but also to affirm that they hold those truths interiorly.  In the Diocese of Phoenix, teachers and administrators must be active witness of the Catholic tradition, knowledgeable about the Catholic faith, and willing to promote, live, and uphold doctrinal teachings and Catholic morals.  All personnel, whether Catholic or non-Catholic, must make and sign a Profession of Faith.  For Catholics, this is the Creed, and for non-Catholics this is a statement attesting to the fact that they will “hold each and every thing that is proposed definitively by the Catholic Church regarding teaching on faith and morals” and that they “shall always teach in accord with the official teachings of the Church as it is proclaimed by the Pope and the College of Bishops.”

Sample profession of faith for the Diocese of Phoenix11:

Profession of Faith

(For newly hired Catholics in schools, catechetical or youth leadership positions)

I, N., with firm faith believe and profess each and every thing that is contained in the symbol of faith, namely:

I believe in one God, the Father almighty, maker of heaven and earth, of all things visible and invisible.  I believe in one Lord Jesus Christ, the Only Begotten Son of God, born of the Father before all ages.  God from God, Light from Light, true God from true God, begotten, not made, consubstantial with the Father; through him all things were made.  For us men and for our salvation he came down from heaven, and by the Holy Spirit was incarnate of the Virgin Mary, and became man.  For our sake he was crucified under Pontius Pilate, he suffered death and was buried, and rose again on the third day in accordance with the Scriptures.  He ascended into heaven and is seated at the right hand of the Father.  He will come again in glory to judge the living and the dead and his kingdom will have no end.  I believe in the Holy Spirit, the Lord, the giver of life, who proceeds from the Father and the Son, who with the Father and the Son is adored and glorified, who has spoken through the prophets.  I believe in one, holy, catholic and apostolic Church.  I confess one Baptism for the forgiveness of sins and I look forward to the resurrection of the dead and the life of the world to come.  Amen.

With firm faith I also believe everything contained in God’s word, written or handed down in tradition and proposed by the Church, whether by way of solemn judgment or through the ordinary and universal magisterium, as divinely revealed and calling for faith.

I also firmly accept and hold each and every thing that is proposed definitively by the Church regarding teaching on faith and morals.

Moreover, I shall always teach in the accord with the Official Magisterium of the Church as it is proclaimed by the Pope and the College of Bishops.

Profession of Faith

(For newly hired Non-Catholics in schools)

I accept and hold each and every thing that is proposed definitively by the Catholic Church regarding teaching on faith and morals.

I shall always teach in accord with the official teachings of the Church as it is proclaimed by the Pope and the College of Bishops.

III. Contract and Handbook Clauses

Some dioceses simply include faith and morals clauses as part of their basic employment handbooks and/or contracts.  As part of the paperwork associated with the HR process, teachers sign off on a package of employment expectations with the morality and faith statements embedded therein.  Another alternative some dioceses are moving toward includes more explicit language in their contracts and handbooks, either with existing documents or as more robust addendums.

Generic Morals Clause Language: Positive and Negative

A significant number of dioceses use basic morals clauses sometimes called “conscience clauses”.  Some of the dioceses include examples of what employees should do and be, such as “uphold the teachings of the Catholic Church” and “personally exemplify the characteristics of Catholic living”.  Others make general statements regarding prohibited behaviors and actions, such as publicly speaking out against the teachings of the Church.  Some dioceses have combined both acceptable and non-acceptable behavior in their morals clauses, and many of them use the disclaimer that the list is not exhaustive of all types of actions that might prompt disciplinary action.

A common statement used by many dioceses is, “the teacher agrees to teach, advocate, encourage, counsel, and witness in keeping with the beliefs and practices of the Catholic faith and teachings.”  Some express this in the negative, stating that a teacher “shall not teach, advocate, encourage or counsel beliefs or practices contrary to the Catholic faith.”  Another popular phrase utilizes the word “lifestyle” in either a positive or negative connotation, such as “living a lifestyle in conformity (or not in conformity) to Church teaching”.  The use of the word “lifestyle” takes into consideration behaviors that are exhibited during the workday as well as outside the confines of the school environment.  It also includes vacation time and the overall general comportment of the teacher.  Many dioceses use the term “personal conduct” as well, but this could be interpreted as personal conduct only during normal school hours.

Samples of positive and negative moral clauses from various dioceses:

            Negative statements.

“Any personal conduct or lifestyle which would be at variance with, or contrary to the applicable policies of the Roman Catholic Church…”  (Diocese of Baton Rouge)12

“…refraining from taking any public position or conducting himself or herself in any manner contrary to the teachings of the Catholic Church.”  (Archdiocese of Denver)13

“TERMINATION. The undertaking by teacher of activities, within or outside of the employer/employee relationship, which are detrimental to the fundamental purpose and mission of the employer or constitute a failure to support and exemplify Catholic Faith and Morals as taught by the Magisterium of the Catholic Church… The teacher engages in any conduct in or out of the workplace which, in the judgment of the employer, constitutes serious or public immorality, sacrilege, lewd conduct, endangerment of health or safety, abusive conduct, public scandal or rejection of, or the holding up to doubt or question of the official teaching, doctrine, or laws of the Catholic Church.”  (Diocese of Kalamazoo)14

“…contradiction or rejection, by word or action, of doctrines, laws or norms of the Catholic Church.”  (Diocese of Lincoln)15

“The contract may also be terminated if the teacher’s life style is incompatible with Catholic moral values or if professional conduct is at variance with the policies of the Diocese of Yakima… public rejection of the official teachings, doctrine, or laws of the Roman Catholic Church”  (Diocese of Yakima)16

            Positive Statements.

“This responsibility requires that the teacher’s personal life to be conducted in accordance with the teachings and principles of the Catholic Church and in such a manner as to set a proper example for students…”  (Archdiocese of Atlanta)17

“…teacher agrees to teach, advocate, encourage, counsel, and witness in keeping with the beliefs and practices of the Catholic faith and teachings.”  (Diocese of Fargo)18

“…uphold and to act in accord with the religious, moral, and ethical principles of the Roman Catholic Church… Administrators and teachers therefore are expected to conduct themselves both in teaching and example in a manner consistent with the academic, social, moral and religious teaching of the Catholic Church”  (Archdiocese of Hartford)19

“Personnel shall be either Catholics in good standing, who are committed to the Catholic faith and to Christian living, and who are registered members of a Catholic parish, or others who have a positive attitude toward the Catholic faith and a commitment to Christian living as well as having a lifestyle that is consistent with Church teaching and are registered members of their particular non-Catholic parishes.  They shall work with others within and beyond the school setting in a spirit befitting a Christian faith community.”  (Archdiocese of Omaha)20

“…respect Catholic values and to aid in Christian formation by exemplifying a lifestyle of Christian principles both in school and out of school.  The employee shall exhibit a lifestyle that is compatible with Catholic moral values and professional conduct consistent with Catholic teaching…”  (Archdiocese of Portland, Oregon)21

Specific Language Within Employment Documents

Instead of adding complete new documents to their teacher contracts and handbooks, some dioceses have elected to bolster their generic morality clauses by explicitly listing a series of faith and moral areas that may come to public attention with negative consequences.

Sample specific language within employment contract from the Archdiocese of Cincinnati22:

Teacher-Minister also agrees to exemplify Catholic principles in a manner consistent with Teacher-Minister’s relationship with the Catholic Church and to refrain from any conduct or lifestyle which would reflect discredit on or cause scandal to the school or be in contradiction to Catholic social doctrine or morals.  While not meaning to infer that Teacher-Minister is involved in such conduct or lifestyle, by way of example, such conduct or lifestyle that is in contradiction to Catholic social doctrine or morals includes, but is not limited to: cohabitation outside marriage; sexual activity out of wedlock; same-sex sexual activity; use of abortion; use of a surrogate mother; use of in vitro fertilization or artificial insemination; advocacy (defined as presenting or promoting as acceptable- for  conduct, lifestyle, positions, policies, programs, causes or movements in contradiction to Catholic social doctrine or morals; and/or flagrant deceit or dishonesty.  Teacher-Minister further agrees to teach and act consistently in accordance with the mission statement of the School and to strive to aid in the formation of students by personal witness so far as conscience allows to the stated philosophy and teachings of the Roman Catholic (these can be found in the Catechism of the Catholic Church, which is incorporated herein by reference)

Addendums

The Diocese of Lafayette23 has a full-page addendum containing 10 statements (with Catechism references) that it considers to be violations of moral living and “at variance and inconsistent with the moral and religious doctrines and teachings of the Roman Catholic Church”.  They are:

  1. Contracting a marriage in violation of the rules of the Catholic Church. CCC Nos. 1603; 1614; 1650-51: 2384.
  2. Living with another as husband and wife, without benefit of a valid marriage. CCC Nos. 2350; 2353; 2390; 2391.
  3. Conviction of a felony or a crime which involves moral turpitude. CCC Nos. 2268; 2284-5; 2297ff; 2353-56; 2387-89.
  4. Obtaining or assisting another to obtain an abortion. CCC Nos. 2271; 2272.
  5. Actively engaging in homosexual activity. CCC Nos. 2357-59.
  6. Immoral or dishonest conduct impairing one‘s effectiveness as a principal. CCC Nos. 1952; 2039; 2284-85; 2408.
  7. Becoming pregnant out of wedlock while teaching/working in a Catholic school; fathering a child out of wedlock while teaching/working in a Catholic School. CCC Nos. 1935; 1947; 2284-85.
  8. Membership in any organization which is anti-Catholic, and whose philosophy is racist and/or any was contrary to the Church‘s teaching on social justice.
  9. Engaging in any activity, immoral or illegal, which sets a bad example for students (e.g. illicit use of drugs, alcohol abuse, pornography, indecent behavior or abuse of any kind). CCC Nos. 2284-85; 2354; 2335.
  10. Maintaining by word or action a position contrary to the teaching standards, doctrines, laws and norms of the Catholic Church. CCC Nos. 2030; 2032; 2044; 2072-3.
  11. Handbook-based Policies
  12. Formative Language

A review of diocesan employment documents indicates that many have drafted entire sections of their employee/school handbooks to address expectations for teachers in the areas of faith and morals.  These more extensive efforts allow for a clear articulation of the school’s mission, goals, and objectives and the teacher’s role in achieving them.  They thus play an important formative role for the faculty.  Especially strong are handbooks by the Diocese of Kansas City, Kan.,24 and the Diocese of Syracuse25.  The Diocese of Davenport has also created an exemplary document, sections of which are below.

Sample language from the Diocese of Davenport26

Catholic Identity. A Catholic school consists of a group of people—students, parents, faculty—lay and /or religious, priests, and board members—who explicitly and directly assert together belief in our basic relationship with God—created, redeemed, inspired – as stated in the Scriptures and developed by Catholic tradition.  These people seek together to grow and share in understanding, appreciating, and living Christianity in a technological, complex, urban and world society.  Together, they create the Catholic environment of the school.

Professional Believing Educators.  Catholic schools are unique because a community of believers permeate the curriculum with love of Jesus Christ as they help students grow to full potential as children of God.  These believers who are teachers educate students not for money, power or prestige, but for Catholic responsibility, inner freedom and goal-oriented lives for the Kingdom here and now and for eternity. (Pages 2, 17)

Dismissal on Grounds of Immorality

(a) Rationale: In our society and cultural tradition the profession of teaching has carried with it a special trust by parents, children, the public, and the Church.  An educator is in a position of significant influence and sacred trust. Like other professions (e.g. medicine, law, psychiatry, religion, etc.) there is a privileged relationship of influence between educator and students that demands qualities of character and morality, as well as teaching competencies.  This position of influence places a special moral responsibility not only on the educator but also on those responsible for his/her employment.

For believers, the Bible gives guidance:

He said to his disciples: “Scandals will inevitably arise, but woe to him through whom they come.  He would be better off thrown into the sea with a millstone around his neck than giving scandal to one of these little ones.”

Be on your guard. If your brother does wrong, correct him; if he repents, forgive him.  If he sins against you seven times a day and seven times a day turns back to you saying, “I am sorry,” forgive him. – Luke 17:1-4

Recent Catholic documents state:

The achievement of the specific aim of the Catholic school depends not so much on the subject matter or methodology as on the people who work there.  The extent to which the Christian message is transmitted through education depends to a very great extent on the teacher.  The integration of culture and faith is mediated by the other integration of faith and life in the person of the teacher.  The nobility of the task to which teachers are called demands that, in imitation of Christ, the only Teacher, they reveal the Christian message not only in word but also by every gesture of their behavior.  This is what makes the difference between a school whose education is permeated by the Christian spirit and one in which religion is only regarded an academic subject like any other. The Catholic School, #43

The new awareness that all members of the faculty, at least by their example, are an integral part of the process of religious education has brought with it a more conscientious approach to the selecting of teachers and the professional development of staff. Teachers’ life-style and character are as important as their professional credentials27…(c) Actions Considered Moral Grounds for Dismissal

Actions that are considered moral grounds and may be judged as cause for dismissal include, but are not limited to the following:

  • Violations of criminal law considered as aggravated misdemeanors and felonies.
  • Teaching or publicly advocating principles contrary to the dogmatic and moral teaching of the Church and the judgment of the bishop (i.e. newspaper, TV, radio, public demonstrations). If there is a conflict as to the teaching of the Church, the judgment of the bishop shall be the final arbiter.
  • Violations of the teachings of social justice as taught and commonly viewed by the Catholic Church, with the judgment of the bishop as final arbiter. Such violations include unjust aggression against persons, abortion, unlawful discrimination, breach of contract, theft, perjury, defamation of character and similar violations.
  • The continued abuse of alcohol or other chemical substances when proper treatment has been refused or has been unsuccessful and the functioning of the person is impaired; advocating the use of alcohol or other chemical substances in an abusive manner.
  • Public violations or publicly advocating violations of the standards of sexual morality taught by the Catholic Church, with the judgment of the bishop as final arbiter. Such violations include cohabitation, sexual relations outside a legal marriage, advocating or practicing homosexuality, child molestation and similar violations.

Habitual abuse by Catholic Christians of the precepts of the Church.

(d) Precepts of the Church, such as:

  • To keep holy the Lord’s Day.
  • To observe the sacramental life of the Church.
  • To observe the marriage laws of the Church; to give religious training, by example and word, to one’s children; to use parish schools and catechetical programs.
  • To strengthen and support the Church—one’s own parish community and parish priests, the worldwide Church and the Pope.
  • To do penance, including abstaining from meat and fasting from food on the appointed days.
  • To join in the missionary spirit and apostolate of the Church, such as being an active member of a parish and participating in parish/inter-parish programs. (Pages 37- 40)
  1. Dealing with Infractions

The enforcement of faith and morals clauses is not a pleasant business.  Such situations are likely to be painful, emotionally and socially charged, and potentially litigious.  Charity, clarity, humility, and justice will all need to come into play in aiming for a peaceful resolution with the employee.  The Diocese of Davenport describes in their Catholic Educators’ Handbook a rationale and process for possible faith or morals-based termination based upon principles of Christian charity.

Sample disciplinary language from the Diocese of Davenport28

(b) Norms of the Diocese of Davenport: Employees in Catholic educational programs hold a unique public position of importance and dignity within the Catholic community.  Indeed, appropriate public ceremonies are encouraged which proclaim and celebrate their special role.  The commitment to forgiveness and reconciliation is essential to the Church.

While we profess that all members of the Catholic community are sinners in need of redemption, it is also true that immoral behavior by educators carries with it additional gravity because of their special position in the community.  Some immoral actions or habits because of their nature or circumstances may disqualify a person, at least for a time, from holding an office, role or function within the Catholic community.  This is true for Catholic educators.

The board and administration do not pass judgment on subjective morality.  In assuming their rightful responsibilities, the board and administration do properly consider behavior which in their judgment is publicly and manifestly inconsistent with the moral standards of the community and the school/educational program.  Teaching or living a life-style in contradiction to the teachings of the Church can disqualify one as an employee of our educational system, at least for a time, particularly when this is done deliberately, publicly, without contrition, and/or without an openness to repair any scandal resulting from his/her actions.  People of good will approach reconciliation with mutual respect, personal integrity and freedom of conscience.  In some cases the parties concerned come to reconciliation with common understanding and mutual acceptance. In such a case reinstatement may follow.  In other cases the parties concerned come to reconciliation without common agreement but with mutual respect.  The parties “agree to disagree” and to go their separate ways with love and good will. In such a case reinstatement does not follow.  For example, an educator may come to disagree in conscience with the teaching of the church as interpreted by responsible authority.  The school/educational program cannot be expected to retain or reinstate an educator who would not have been hired initially had the conflict in conscience existed and been known at that time.  On the other hand, the educator cannot be expected to teach or live contrary to deeply-held conscience convictions (Cf. Vatican II: Declaration on Religious Liberty.)

When there are actions contrary to this moral policy, the board and administration reserve the option to release or retain/reinstate the employee having considered the following:

  • The public action of the employee was, in fact, immoral as outlined in (3) below.
  • The openness of the employee to be responsible for both his/her actions and their effects. (See pages 33-35)
  • The openness of the employee to make a commitment to the ideals of the community. (See page 33-35)
  • The nature and extent of the public scandal according to “Norms” on page 35.
  • The willingness of the employee to repair any scandal, public or private, insofar as possible. (See (3) below)
  • The pastoral circumstances which affect the welfare of the community and the welfare of the individual as judged by the board and administration. (See point (3) (e) below)

Description of Teachers as “Ministers” and Ministry Clauses

The description of Catholic teachers as “ministers” and not as simply “teachers” or “employees” may serve two related ends for dioceses.  First, it provides pastoral guidance to the teachers themselves and clarifies and prioritizes that all teachers are called to participate in the Catholic school’s fundamental mission of evangelization.  Secondly, the use of the term may also provide some access to legal protection under “ministerial exemption” case law.  The ministerial exemption is a First Amendment protection which allows religious organizations to supervise and determine the worthiness and suitability of their ministers with a significant degree of freedom and limited governmental and legal entanglement.  Catholic school leaders should work closely with legal counsel on issues of employment law related to the use of this possible exemption.

Initial research conducted by The Cardinal Newman Society suggests that approximately nine dioceses currently refer to their teachers as ministers in their employment language.  Dioceses, such as Monterey29, refer to a teacher as “an apostolic worker of the Roman Catholic Church.”  The Diocese of Tucson30 calls Catholic educators “agents” of the Catholic Church and states that as such they must uphold the teachings of the Catholic Church.  The Diocese of Oakland uses both “minister and steward of the Catholic faith”. An example of ministerial language is provided below from the Diocese of Cleveland.

Sample of Teacher/Minister Contracts and Language from the Diocese of Cleveland:31

Role as Minister and Role Model of the Faith:  The Teacher-Minister, in signing this Agreement represents that he/she has read and understand the Statement on the Purpose of Catholic Schools and the Role of Teachers and Administrators in Catholic Schools by the Bishop of the Diocese of Cleveland, which is attached to this Agreement as Exhibit A and incorporated into this Agreement by this reference.  The Teacher-Minister understands and acknowledges that the Roman Catholic Church views the primary purpose of a Catholic school as a means of building up the Kingdom of God through the holistic and authentically Catholic formation of each student and that such development can only truly be fostered in a wholly Catholic environment.  The Teacher-Minister further understands and acknowledges that it is the teaching of the Roman Catholic Church that teachers in a Catholic school are truly and in a very real sense engaged in a special ministry, or apostolate, of the Roman Catholic Church and that such teachers should bear witness to Christ in their lives as much as in their classroom instruction.  For this reason, Canon 803 of the Code of Canon Law requires that teachers of a Catholic school must be “outstanding in true doctrine and uprightness of life.”  As such, the Teacher-Minister agrees to act, speak, and live at all times in a manner consistent with the teachings of the Roman Catholic Church and understands that actions and speech that are contrary to Catholic teaching will not be tolerated by the Parish and shall be grounds for disciplinary action up to and including termination.  The following, although in no way an exclusive list, represent by way of example certain speech or actions that are considered to be contrary to the teaching of the Roman Catholic Church:

  1. Public support of positions contrary to Roman Catholic Church teaching (including, but not limited to, publically supporting abortion, euthanasia, assisted suicide, embryonic stem cell research, in vitro fertilization, artificial insemination, surrogate parenthood, direct sterilization, or so-called homosexual or same-sex marriage or unions).
  2. Procuring or assisting another in procuring an abortion.
  3. Making use of or participating in artificial insemination, in-vitro fertilization, or surrogate parenthood.
  4. Preparing for or engaging in a same-sex marriage or union.
  5. Engaging in or publically supporting sexual relations outside of marriage (which shall be understood for purposed of this Agreement as being the marriage between one man and one woman.)
  6. Living with another as husband or wife without the benefit of a marriage recognized as valid by the Roman Catholic Church or cohabitating outside of marriage.
  7. Engaging in or supporting transvestitism, transgenderism, or sex reassignment.
  8. Membership in any organization that is anti-Catholic or whose philosophy is in any way contrary to the ethical or moral teachings of the Roman Catholic Church.
  9. Indecent or lewd behavior (including, but not limited to, the unlawful use of drugs, substance abuse, or use of pornography).
  10. Serious dishonesty.
  11. Entering into a marriage with a person when one of the parties to the marriage is validly married to another person in the eyes of the Roman Catholic Church (e.g., entering into a marriage if one of the parties has entered into marriage previously and has not received an annulment from the Roman Catholic Church).
  12. Use of social media or electronic means of communication (e.g., email and texting) in an improper, immoral, or scandalous manner (including, but not limited to, use of social media or electronic means to communicate, post, share, or send material that is lewd, indecent, sexually suggestive, or pornographic).
  13. Safe Environment Documents

Many dioceses include faith and morals language in their Safe Environment Documents referring to “Codes of Conduct” that focus generically on the need for employees to adhere to Catholic faith and morals in all conduct with others.  Other Safe Environment documents are more expansive, identified by terms such as “Principles of Ethics and Integrity,” and more fully integrate language from traditional faith and morals statements into an “all inclusive” set of statements embedded within the Safe Environment process.  In this case, employees should be made aware that they are signing more than just an affirmation to protect children from child abuse; that they are signing a comprehensive statement about witnessing to the Catholic faith in their professional and private lives.

Sample of a Safe Environment Document with additional morals clause criteria from the Diocese of San Angelo:32

VII. Prevention of Immoral Conduct: Guidelines for Ethical and Moral Behavior
Because Church personnel enjoy a public trust and confidence, it is essential that Church personnel view their own actions and intentions objectively to assure that no observer would have grounds to believe that irregularity in conduct exists. All Church personnel are to uphold the standards of the Catholic Church in their day-to-day work and personal lives.

  1. Definitions
  2. Immoral conduct is defined as behavior that is contrary to the discipline and teachings of the Church and may result in scandal to the faithful or harm to the ministry of the Church. Specific standards of the diocese are defined below.
  3. Scandal is an attitude or behavior, which leads another to do evil. Scandal damages virtue and integrity. It is a grave offense if by deed or omission another is deliberately led into a grave offense (Catechism of the Catholic Church, n. 2284).
  4. Standards of the Diocese
  5. It is fundamental to the mission of the Diocese of San Angelo for Church personnel to exhibit the highest ethical standards and personal integrity. The purpose of this policy is to insure that all Church personnel follow the traditional strong moral and ethical standards of the Catholic Church. Church personnel should not engage in the following:
  6. Formally rejecting Catholic Church teachings or the Christian way of life.
  7. Exhibiting actions that are disruptive to the ministry and public worship.
  8. Procuring or participating in abortion, homicide or euthanasia.
  9. Possessing or viewing pornographic materials.
  10. Engaging in adultery or flagrant promiscuity
  11. Abusing alcohol or abusing gambling.
  12. Possession or use of illegal drugs or drug paraphernalia.
  13. Stealing or any other form of theft, including misappropriation of Church funds.
  14. Sexual harassment, exploitation or abuse.
  15. Physical assault and fighting.
  16. Disclosing the serious faults or failings of others to persons who have no cause to know them or making false allegations against another

Conclusion

Examples presented in this document are intended to inform discussion and should not be taken as particular legal advice.  Church officials should work with local attorneys for determination of appropriate employment language and any approaches applicable to their local situation.

As these exemplars have shown, there are different options for Catholic leadership to approach the presentation and enforcement of faith and morals clauses for Catholic school teachers.  In seeking to implement faith and morals clauses, it is prudent for the school to ensure that 1) it has properly highlighted the fundamental religious nature of all of its efforts, 2) it has made all teachers aware of their responsibility to advance the religious mission of Catholic education, and 3) it seeks to ensure that the teachers understand the scope of faith and morals transgressions that might result in termination of employment.

The larger companion document presents texts and exemplars from over a hundred and twenty-five dioceses.  Additional published research on this topic will be presented in the fall.  Those dioceses not yet represented in the sample are encouraged to share whatever they think might be helpful to other Catholic dioceses in an effort to further discussion.

Please feel free to send comments, inquires, contacts, corrections and additions to:

Dr. Denise Donohue, Director of the Catholic Education Honor Roll, The Cardinal Newman Society, ddonohue@cardinalnewmansociety.org

Dr. Dan Guernsey, Senior Fellow, The Cardinal Newman Society, dguernsey@cardinalnewmansociety.org

Additional research provided by Dr. Jamie Arthur, formerly Cardinal Newman Society Senior Fellow and Director of the Catholic Education Honor Roll.

 

 

 

Catholic College Closes, but Other Small Colleges Thrive on Faithful Catholic Mission

/in , /by
Click here for PDF

A small, Massachusetts-based Catholic college will close this month, citing financial difficulties brought about by declining enrollment.  But while many similarly small colleges around the country are struggling to find their niches in order to sustain enrollment, some faithful Catholic institutions are successfully leveraging their faithful Catholic identities to attract students, inviting emulation both as models of success and as witnesses to the Faith.

Marian Court College in Swampscott, Mass., has undergone many changes since it was founded by the Sisters of Mercy in 1964 as a women’s secretarial school.  It just recently transitioned from a two-year coeducational college to a four-year program, awarding its first bachelor’s degrees just last month to 41 of the 67 graduates.  But Marian Court closes at the end of June, unable to face what Inside Higher Ed describes as “a challenge that faces many small, private college[s]: the troublesome combination of extreme tuition reliance and declining enrollment.”1  The College served about 250 students this past year, many of them first-generation students who commuted from home.

The challenges facing Marian Court were extraordinary, but could a stronger Catholic identity have helped?  The Cardinal Newman Society was granted an interview with Dr. Denise Hammon, president of Marian Court College in Swampscott, Mass., who acknowledged the minimal role the College’s religious mission played in attracting students.  But the Society also spoke with leaders

from Christendom College in Front Royal, Va., and Thomas Aquinas College in Santa Paula, Calif., both of whom attested to the strong pull their faithful Catholic identities have on potential students.  Admissions officers at these small, tuition-dependent colleges work hard, but they are meeting enrollment targets while their institutions earn high marks for academic quality.

Catholic identity has value for colleges and students that transcends practical concerns.  Yet Catholic colleges that embrace a strong Catholic identity may find that it helps distinguish their institutions as providing something unique and attractive.

Marketing a Strong Catholic Identity

Tuition-reliant colleges often depend heavily on marketing in order to keep enrollment numbers up.  While Catholic colleges such as those recommended in The Newman Guide for their strong Catholic identity view their religious mission as a strong asset, many other colleges apparently view their Catholic heritage as a liability.

In a widely-read article last year, the Atlantic reported how some Jesuit Catholic universities are hiding their Catholic identities because they think it will help them attract more students.2  Rockhurst University in Kansas City reportedly “removed the word ‘Jesuit’ from the university tagline”.  And a staff member at Regis Univeresity in Denver boldly attested, “We hide the word ‘Catholic’ from prospective students.”

Instead, colleges feel pressured to compete with extravagant campus facilities, high-profile faculty members and exciting student activities, all adding to the high cost of education.  “These days it’s an arms race to have climbing walls and one-on-one attention, and you just can’t do that with a small college,” said Kent Chabotar, a past president of Guilford College, to Inside Higher Ed.  “It’s worse now because of demographics, and because students and families are smarter about looking for schools with niches.”

For Christendom College, which has 433 students, its niche is clear.  Vice President for Enrollment Tom McFadden explained to the Newman Society, “We are an educational apostolate with the mission of educating our students in a time-tested Catholic liberal arts education, in a vibrant Catholic culture, so that they can go out into the world and restore all things in Christ.”  And Christendom does it in complete fidelity to the Magisterium of the Catholic Church, with reverent liturgies, traditional devotions, orthodox theology, and an emphasis on the moral and spiritual formation of students.

That clarity of institutional identity helps draw students to the College, according to McFadden.  “There are a lot of colleges out there.  And a lot of Catholic ones too,” he said.  “We do our best to make sure everyone knows what makes us different, and if they are attracted to us, then we are very interested in them.  We build strong relationships with our prospective students to educate them about our mission, our curriculum, our activities, and our goals for our graduates.”

That’s not the sort of Catholic identity that was marketed by Marian Court College.  When asked what the College promoted to prospective students, Hammon mentioned being a commuter college, a relatively low tuition, business and criminal justice programs, financial aid, small class sizes, a teaching-focused faculty, and student academic support.  She added that the College was founded by the Sisters of Mercy and is Catholic, but did not mention the clearly Catholic identifiers that a college like Christendom readily advertises.

To the contrary, it seems that Marian Court did little to promote its Catholic identity.  There is no mention of “Catholic” or even the Sisters of Mercy on the homepage of the College’s website.  Religious imagery is minimal.  But the College prominently features on its homepage its 2015 commencement speaker, abortion and same-sex marriage supporter Massachusetts Governor Charlie Baker.3

A search on the Marian Court website for distinctly Catholic attributes yields few results. The student life page mentions “Mercy core values of compassion, integrity, justice, and service.”4   Regarding the campus spiritual life, the College declares: “Marian Court College promotes spiritual growth through many community service activities and services.  A chapel is located on campus and serves as a place for reflection.  Students of all faiths are invited to participate.”  No Mass or confession times are found.

Dr. Hammon told The Cardinal Newman Society that there was no relationship between Marian Court’s financial difficulties and the way the College portrayed its religious mission.  At the same time, however, she does not believe the College’s Catholic identity helped attract students, at least not explicitly.

“I don’t think it was the published words of ‘We are a Catholic institution,’ but rather it was how we teach here and how we treat each other that attracted people,” Hammon said.  “And we did it in the good faith of the Catholic religion.”

“So for some people it was very important that we were a Catholic institution, for others not as much,” she said.

The Enrollment Question

Thomas Aquinas College has found that its unique mission helps expand the pool of prospective students, said Anne Forsyth, director of college relations, to the Newman Society.

Ten years ago, the College reached its target enrollment of 350 to 370, which is capped to support its unique mission of student formation and small classes.  Nevertheless, the College has experienced an increasing number of applications in recent years.

Forsyth explained, “Because our Admissions efforts as well as our advertising and publicity activities make our Catholic identity well-known, I think it is fair to say that Thomas Aquinas College has an established reputation for its strong Catholic identity and that this is one of the strongest attractions for prospective students.”

Forsyth described how the College seeks students that understand and will live in harmony with “the thoroughly Catholic nature of our academic program and our community life.”  She continued, “Our Admissions officers work closely with potential students to ensure they do indeed grasp our Catholic identity, and our publicity efforts reinforce their work.”

“Moreover, applicants are asked to complete a series of essays, including responding to the prompts… regarding the Catholic intellectual life and the Catholic moral life,” she said.

Christendom College also sets an enrollment cap but enjoys strong interest from prospective students each year.  “Our commitment to the Faith and orthodoxy is definitely a draw for our students,” said McFadden.

“Christendom’s enrollment has increased by 17 percent over the past four years, which, considering the fact that many other private liberal arts schools are seeing declining enrollment, is a great testament to the value of a Christendom liberal arts educational experience,” he said.

Christendom also finds that its strong Catholic identity attracts students outside its local geographical region.  “Christendom has students from all across America and various foreign countries.  And it is our Catholic identity, coupled with our strong liberal arts program and unparalleled personal attention, that is drawing them here,” McFadden said.

Why the Liberal Arts?

Christendom, Thomas Aquinas College and other Newman Guide colleges find Catholic liberal arts education to be a draw for students, but some liberal arts colleges that lack a strong Catholic component are finding it hard to sustain that educational model.

Earlier this year, Sweet Briar College and Tennessee Temple University announced closures, although this month alumni won the right to attempt a comeback at Sweet Briar.  “Both schools cited declining enrollment numbers over the last several years and an inability to climb out of troubling financial difficulties,” according to U.S. News and World Report.5  Sweet Briar President James Jones, Jr., blamed, in part, “the declining number of students choosing to attend small, rural, private liberal arts colleges,” according to the report.

Marian Court has portrayed itself as having a strong dedication to the liberal arts.  Its mission statement refers to its liberal arts curriculum as of the “highest quality,” and its vision statement says that the College provides a “comprehensive liberal arts foundation, grounded in ethical thinking.”6  However, a look at the College’s academic catalog reveals only one associate’s degree major in the liberal arts, and no bachelor’s degrees.7  The other majors include disciplines such as accounting, entrepreneurship, fashion, paralegal studies and sport management.  The College offered two bachelor’s degrees in business administration and criminal justice.

And despite its Catholic heritage, Marian Court did not offer any core curriculum courses in the Catholic intellectual tradition.  Depending on the major, some of the most common classes required included economics, comparative religion, composition, oral communication, psychology, sociology, world history, and world literature.

Nevertheless, President Hammon believes that the liberal arts branding drew students to the College.  She said the institution focused on training students in critical thinking, writing and communication.  But Marian Court’s approach to the liberal arts was apparently a pragmatic one, oriented toward career preparation.  Hammon said, “the liberal arts was very important for broadening the mindsets of young 18-year-olds, as well as helping them start their careers in their chosen discipline.”

Surprisingly, Marian Court did not offer courses in Catholic theology or philosophy.  Pope St. John Paul II’s apostolic constitution on Catholic higher education Ex corde Ecclesiae stipulates, “Because of its specific importance among the academic disciplines, every Catholic University should have a faculty, or at least a chair, of theology.”8

When asked why Marian Court did not have any offerings in Catholic theology or philosophy, Hammon replied, “We offered a course in comparative religion that was a required course of all students no matter what their major.  Sprinkled throughout the curriculum was always the Mercy mission, and that is of treating others with compassion, integrity, and justice.  We have a big emphasis on serving others.”

“So while we may not have had a formal theology course or program, the Mercy values and mission are throughout the curriculum,” Hammon said.  She mentioned in particular the college’s criminal justice program, which she said “offers substantial coursework in restorative justice.  Certainly there’s a lot about giving back to society.  All the values that you hope to see in people who believe in their faith come from restorative justice.”

Institutional Identity Leads to Stability

Noting that many of the students at Marian Court had come from underprivileged families, Hammon emphasized the role that donors play in helping students.  “I really hope donors realize that when they are giving to a small Catholic college, they are changing families.”

Indeed, for tuition-reliant colleges the importance of a strong donor base is of paramount importance.  “Christendom is very tuition reliant,” said McFadden, “although our advancement office does a great job of making up the difference between what the students pay and what it actually costs to run the college.”

McFadden explained the positive effect that its Catholic identity has on the overall stability of the institution.  “Everyone that works here know why Christendom exists,” he said.  “Having a clear mission and buy-in from our employees is very beneficial and helps us retain our employees, which in turn gives us stability.  Because we are not changing who we are and we are sticking to our original purpose, it also helps show our donors, alumni, and friends that we are stable.”

While many small colleges are tuition dependent, Christendom is one of only a few that reject federal aid.  “This has been, at times, hard for us – financially,” explained McFadden. “But you know, God is never outdone in generosity, so as a result of our decision, we have found many people who are interested in supporting us financially. They like the fact that we are truly independent and totally free to be a faithful Catholic institution.”

Forsyth said that Thomas Aquinas College’s accreditors often remark on the rarity of the universal support its faculty have for the College’s mission.

“This unanimity on the part of the faculty and staff about the College’s Catholic identity and mission gives rise to a similar quality in our friends and benefactors, as well as a real depth in their commitment to the school and our students,” Forsyth said.

“Observing that we stand for our principles, they are confirmed in their decision to stand with us and support us all the more in our efforts to form the minds and hearts of our students for Christ,” she said.

Forsyth agreed that there are strong connections between a Catholic college’s financial health and its Catholic identity.  She spoke about the kind of donors that Thomas Aquinas College attracts:

Some of our benefactors are disillusioned with their own Catholic alma maters whose Catholic identities have been diluted; some are parents of alumni who see the tremendous good the College has been in the spiritual lives of their children; and there are foundations for whom fidelity to the teaching Church is a sine qua non for grant consideration.  All are looking for the best way to help build up the Body of Christ in faithfulness and truth, and they view their giving to Thomas Aquinas College as a great investment toward that end.  As a result, they are deeply committed to the College and our students and provide unfailingly for our financial needs.

She continued, “Many if not most of our generous benefactors are committed to Thomas Aquinas College not simply for its excellent academic program but because that program is carried out under the light of the teaching Church and in an atmosphere that nurtures in students the moral virtues and a vibrant spiritual life.”

Appeal of Catholic Campus Life

Thomas Aquinas College shared how its founding document, A Proposal for the Fulfillment of a Catholic Liberal Education, still serves as the institution’s governing document today.9  This is unique in the world of Catholic higher education, where many Catholic universities have become detached from the founding Catholic principles that guided them in their early years.

Forsyth said that “this statement of our mission as a Catholic college is very much alive and at work here, constantly forming our decisions, the community, and the institution itself.  With this continual return to our roots, the College renews again and again its commitment to its Catholic mission and identity.”

She noted several ways in which Thomas Aquinas College ensures that the residence and student life experiences on campus are informed by its Catholic character.  “Our residence halls are single-sex, with no visitation between them,” she said.  “Mass is offered four times a day and confession eight times (before and after Mass); participation is voluntary, but simply by making these so available, a large majority of students participate regularly.  There is a nightly Rosary offered by students in our chapel, and nightly prayers in each residence hall at curfew—again, both voluntary and well-attended.”

Forsyth agrees that the Catholic residence life program at the College is a big draw for students.  “The best testimony we receive in this regard comes from the high school students who participate in our two-week summer program,” she said.  “It should be noted, too, that our retention rate has been on the rise in recent years, reflecting satisfaction on the part of existing students with our residence life.”

McFadden, too, believes that Christendom College’s residence life program, which stems from its Catholic mission, is an attraction for students.  “Students coming to Christendom are interested in achieving greatness, and not settling for mediocrity,” he said.  “They want to grow in virtue and live in an ordered environment – something hard to do at other schools.  Having a strong formation program and a caring student life staff has helped students grow to love Christendom even more.”

He shared Christendom’s conviction of the importance of Catholic mission actively influencing college policies.  He said, “It is absolutely necessary for us to base all of our activity on our particular mission and on the universal mission of the Church, for without them, we would not have a sure guide and we would be more prone to stray from the Truth.”

McFadden concluded, “The Faith is simply part of everything we do – and this enables our students to leave the college fully formed academically, spiritually, and socially in the teachings of the Faith.”

 

 

 

Private Affairs and Private Institutions

/in , /by
Click here for PDF

This article is part of a collaborative series between The Cardinal Newman Society and the Culture of Life Foundation on Catholic education policy from the perspective of theology, ethics and the moral law.

With government’s growing efforts to create a new norm for human sexuality, it should not be surprising that those who engage in sexual activity outside of the bonds of traditional marriage are becoming increasingly bold in disclosing their lifestyles.  While the impact of some of these disclosures may be limited to immediate family, friends, and perhaps neighbors, others reach a great deal further as the persons involved, teachers, for example, have formative roles with children.  While the response among public officials and school systems appears to be one of acceptance, if not celebration, there are, of course, many parents and colleagues who have concerns.  The media gives little traction to such concerns, pushing us to believe that the trend is towards openness to all variations of lifestyle, with no clear sense of where lines, if any, should be drawn.  Ignored completely are ample data demonstrating that a disproportionate number of those living alternative lifestyles engage in behaviors that place their physical health and wellbeing at higher risk.

The debate above is interesting enough, but add to it charged arguments respecting religious liberty and you have an interesting intersection making headlines of its own.  Two Catholic dioceses this year have faced the dilemma of teachers who are planning to marry same-sex partners, one going public via Facebook and the other directly contacting his school leadership to inform it of his plans.  These disclosures have raised a great debate.  What is the right thing for a diocese to do when an employee openly violates church teaching?  How do we balance justice and mercy, knowing that neither is possible without the other?  It should be noted that this is not only an issue of same-sex attracted persons, as heterosexual cohabitation presents a similar dilemma.

My colleague E. Christian Brugger will be addressing the proper ethical and moral reasoning that is central to this issue in coming briefs.  Today, I will reflect on how one might think about this issue with respect to its impact on the psychological development of the affected students.

Are You A Role Model?

Does it really matter what the teachers of our youth do in their personal lives?  Are the teens actually paying attention to their teacher’s lifestyle choices?  Research and theory would say “Yes.”

Psychological theory and research, originally articulated by Albert Bandura’s social learning theory, have long recognized that the examples set by significant adults have a great influence on the youth around them.  Adolescents are particularly apt to be influenced by adults because adolescence is the age of identity formation.  Positive role models have been found to have protective effects, especially for those adolescents who are exposed to negative adult behavior in the home.  What is critical for this discussion are the mechanisms through which this role modeling occurs.

Through a process known as “vicarious reinforcement,” people tend to model the behavior of individuals whose actions they see being rewarded, rewards being either praise or attention from others.  It is as if the observers were actually receiving the rewards themselves.  This creates a real problem then when a public figure who behaves poorly, rather than being publicly reprimanded, is publicly praised.  Vicarious learning will occur in either case.  The only question is what will be learned.  Therefore, how leaders address those situations where a teacher or principal chooses to violate the standards, or ignore the mission of the organization for which he works, is critical.

Researchers Brown and Trevino’s work on ethical leaders in business led them to conclude that in order to be perceived as an ethical leader, the individual must be seen as a moral person: a person who is honest, trustworthy, caring about people, open to input, respectful, and able to make principled decisions.  These last two factors, showing respect and being principled in making decisions, I suggest, are the weak links in our current culture.  Whatever other seemingly-positive character attributes might be demonstrated by an individual taking a provocative stand, the promotion of his own self-interest over that of the community’s needs disrupts his ability to meaningfully convey those attributes as strengths.

Supportive commentaries with respect to the teachers who have pursued same-sex marriage (teachers who, by the way, have acknowledged and consented to the prohibition against such acts in their employment contracts with the Catholic diocese for which they work) have focused exclusively on how caring and supportive these teachers are of students, highlighting their excellent teaching records and popularity in the school.  Mainstream media reports and current political trends take a similarly sympathetic view.

And herein lay the problem.  While not presuming to know, and certainly not judging, the motivations of the teachers involved in these particular cases, there are critical principles and dynamics at play that must be understood in order for the students in these schools to receive justice.

Defining The Role Model

To the extent that youth are persuaded by the popular notion that such behavior is a normal variation—free of any adverse consequences—and to be at least tolerated, if not fully embraced, they will be unable to see that in “coming out” the teacher has failed: he has failed to respect and uphold the integrity of the Church which he has agreed to serve.  Instead, students will see these teachers as besieged heroes and role models to be emulated.  Teens are already developmentally predisposed to challenge authority as they explore with their maturing minds, abstractions and ideas that were heretofore hidden.  This is a normal and healthy process.  However, it needs guidance and boundaries.  Historically, these have come from family, school, and church communities.  If these institutions begin to equivocate, then our youth are cast adrift on stormy seas.  Youth need and, research suggests, actually prefer, ethical role models.  It is in our nature as human persons to desire the good and to seek the truth.  Our youth thirst for this.  To deny them such goods is not only perilous, it is unjust.

While students might learn from the “teachable moment” of a teacher who is involved in a pregnancy out of wedlock, but then places the child for adoption or marries the other parent of the child, permanent, premeditated actions taken against known values and agreed contractual obligations is a different matter.  Although it is unpopular in the moment, and certainly challenging interpersonally, to dismiss a beloved teacher, the risk of confusion is too great to do otherwise, and, in the long run, the many adolescents who are better formed as a result will be grateful for it.

Catholic Schools, Firing Policies and Teacher Misconduct

/in , /by
Click here for PDF

This publication is the first in a collaborative series between The Cardinal Newman Society and the Culture of Life Foundation on complex moral issues in Catholic education policy.  These papers are intended to inform discussion and should not be regarded as definitive statements of policy or practice.  The views expressed herein are those of the author and not necessarily those of The Cardinal Newman Society or the Culture of Life Foundation.

The question which has been in the news recently is as follows: Should teachers, faculty members or school administrators be terminated if they are found to be guilty of grave moral misconduct in their private lives?

Because each Catholic school has elements unique to itself—mission statements, constituencies, financial needs—and each employment situation is unique, and the circumstances surrounding each instance of misconduct is unique, there is no “one-size-fits-all” answer to this question.  But certain consistent principles can be considered and practical measures taken to assist schools in responding well to the problem of employee misconduct.  This essay discusses both.

What’s the Fuss?

Why is this even a difficult question?  Why not just sack any employee guilty of misconduct, clean the slate and move on?  Or why not be merciful and always offer employees a second chance?  Both options could be licit; at the very least, neither is intrinsically evil.

It’s a difficult question because school officials, in seeking to do what is right, are aware that both alternatives—firing and not firing—risk causing unintentional harms that they are not interested in bringing about, and that could be very impacting on the welfare of the school and the Church.

Making a good decision means not only being realistic about unintentional harms, but assessing whether or not tolerating (but not intending) one or more of them might either violate some moral duty or be an obligation in virtue of some other duty.  Public relations (PR) concerns are often foremost on the minds of school authorities, and they are certainly not irrelevant.  But they are by no means the only—and usually not the most important—concerns, the foremost of which are a true concern to avoid scandal and to maintain the integrity of a school’s Christian witness.

The Fuss Is about Souls!

What’s at stake is ultimately the good of souls, especially the souls of students, and the integrity of the Catholic Church’s apostolic mission.  The first duty of a Catholic school is to bear witness through educational means to the splendor of truth, especially the truths of the Christian faith.  Fund raising, prestige, academic ranking and successful sports programs are important, but if school authorities forfeit their school’s true Catholic identity in their effort to achieve them, they fail in their first duty to their constituencies and to the Church, and worse, they betray Christ.

When it comes to considering termination, making a good decision can be difficult and laborious.  But as I tell my seminarians, moral decision-making is about loving.  And for those who exercise authority, loving means seeing and assessing all the relevant harms caused by one’s action or inaction.  Why?  Because every relevant harm is ultimately a harm to some human being.  And it is human beings who constitute “the foundation, the cause and the end of every social institution” (John XXIII, Mater et Magistra, no. 219).  Although some or even many of the foreseeable harms may not be decisive for settling questions concerning misconduct, no harm is irrelevant to these questions’ assessment.

With Whom Does Responsibility for this Decision Rest?

The development and execution of school policy fall to whoever has authority over the school’s employees, and over the school itself: e.g., members of the school’s senior administration, members of the board of directors; the superintendents of Catholic schools; and, ultimately, the diocesan bishop.  There will obviously be differences in the authority structure with non-diocesan Catholic schools, but the point here is clear: those who exercise authority bear responsibility.  At universities, senior faculty are sometimes also consulted, or committees set up to deal with grievances brought against faculty members.

Critical Importance of Hiring Procedures and Conduct Policies

While no set of procedures and no policy can anticipate every possible situation, schools can and should develop hiring procedures and conduct policies that establish a base-line for acceptable conduct for all employees, especially teachers, and specify clearly the results of violating the policies.  In dealing with the problem of employee misconduct, this is arguably the most important practical measure a Catholic apostolate can take to guard its religious identity.

Catholic Apostolates and Mission-Centered Hiring Policies

An “apostolate” is a community of Christian witnesses.  A “mission” is the community’s work.  Catholic schools and universities are—or ought to be—apostolates of the Church.

Hiring procedures should be in place to ensure that all employees support the apostolic identity and mission of the institution.  This is what the term “hiring for mission” means.  Although some jobs are more closely associated with the oral and public communication of the school’s mission, all employees share responsibility for protecting and promoting it.

This does not mean that all employees must be practicing Catholics.  However, it does mean, ordinarily, that a majority of employees should be practicing Catholics.  Otherwise, it will be difficult to ensure a consistent expression of the school’s mission and guarantee continuity of Catholic identity over time.  All other employees should understand, believe in, and be willing to support, the school’s mission.

It follows that:

School authorities ought to hire only people capable of cooperating in carrying out the school’s mission, and that means that they cannot be known to be persisting in any behavior or commitment objectively incompatible with Catholic moral teaching.

This is especially important for the hiring of faculty, as well as administrators who work closely with students (e.g., counselors).

Conduct Policies

This requirement should be supported by a clearly defined, written moral conduct policy.  It should be built into the job description and be an essential and legally binding part of any and every employment agreement.

If the school’s policy is:

  • clearly published and consistent with Catholic Church teaching;
  • closely keyed to the institutional mission statement; and
  • consistently and non-arbitrarily applied,

then there will be structures in place to guide decision making in circumstances where polices are violated.  Absent such a policy, each case will likely be treated differently, depending on the matter at issue and what sort of employment agreement and undertaking exists.  This leaves the institution much more vulnerable to running afoul of the law or being open to a civil suit.

Private vs. Professional Misconduct

My analysis is principally concerned with what school authorities should do in cases of grave misconduct in the private lives of employees.  By “private” I mean life outside of professional employment.  There will be different degrees of private misconduct (e.g., acts one doesn’t want known vs. ones that are flaunted even though they are not on “company time”); this essay concerns all degrees of “private” misconduct.  Once questionable behavior comes to the attention of someone who has authority over the individual, at that point the private becomes public for our purposes.

This essay does not consider misconduct in one’s professional life (e.g., sexual harassment on the job), though that also needs to be handled with consistency and good judgment.  Nor does it address the duties of school authorities to comply with law enforcement in cases where employees are undergoing criminal investigation.

“Grave” Misconduct: Serious Sin, Intransigence, Scandal

In moral theology, referring to a sin as “grave” implies it is a mortal sin.  I am using the term grave here more restrictively.  By “grave misconduct” I am referring to deliberate behavior that meets the following three conditions: first, it is gravely wrong (serious or mortally sinful in type); second, the employee is intransigent in doing it; and third, the situation is potentially an occasion of scandal.

In general, I think that actionable instances of private misconduct should meet all three conditions.

The first condition needs no explanation.  But the next two deserve comment.

Intransigence means that some misconduct is unapologetically habitual.  Some examples of behavior meeting the condition of intransigence could include:

  • Single employees who get pregnant or get someone pregnant and defend their behavior; cohabitating in sexually-active, non-marital relationships;
  • Employees engaged in promiscuous activities with same sex partners or with partners of the opposite sex;
  • Employees engaged in an adulterous relationship;
  • Employees who advocate for public policies explicitly aimed at advancing or defending abortion rights, same sex marriage, polygamy, euthanasia, experimenting on, freezing or destroying human embryos, cloning, or other gravely immoral acts.

Intransigence is not met if an employee engages in some misconduct, but expresses a sincere desire and resolve to change.  For example, if a female employee gets pregnant out of wedlock, or a single male gets a woman pregnant, but she or he sincerely repents, resolves to keep and raise or support the child according to Christian principles, or place the child for adoption, and is willing publicly to support the Church’s moral teaching on marriage and sexual morality, intransigence is not a factor.

Scandal means that the private behavior, if known, could destroy people’s faith, undermine the school’s Catholic identity and be an inducement to sin, especially to the students.  Some sins today are particularly dangerous to the welfare of souls.  Abortion and promiscuity—especially homosexual behavior—because they represent evils that many say are goods, can easily be occasions for scandal.  Since the indissolubility of marriage is also widely rejected, and even doubted by some Catholics, another act especially apt to give scandal could be actively dating when divorced without an annulment or dating an un-annulled divorced person.  If school authorities appear to be indifferent to these behaviors, the consequences can be unacceptable.

Intransigence is not absolutely necessary

As I said, I think that the three conditions ordinarily should be met before instances of misconduct become subject matter for dismissal.

Is this to say that grave misconduct by employees who do not express intransigence is not subject matter for dismissal?  No.  If school authorities have good reason to believe that an immoral act committed by an employee will cause scandal, then even if the employee is repentant, the welfare of the school may require dismissal.  Obviously, the greater the risk of scandal, the more seriously dismissal must be considered.

However, just as it is true that there is more joy in heaven over one sinner who repents than over ninety-nine righteous persons who need no repentance (Lk. 15:7), so it is true that Christians rejoice when their brothers and sisters repent.  It seems to me that evil-doing that is frankly, publicly and sincerely rejected through true repentance is rarely an occasion for another’s sin; and very often it is an occasion of moral growth for wrongdoers and those around them.

It follows that:

If school authorities think that scandal in the case of a repentant employee can be reasonably obviated by measures short of dismissal, they should adopt those measures.  If they do not think scandal can be avoided, then they may be obligated to terminate the employee’s employment.

Two Moral Requirements: Due Diligence and Moral Certitude

School authorities can come to suspect an employee of grave misconduct in several ways.  Employees might publicize their behaviors (including their views) on social media, by email or in scholarly publications.  Or, a member of the school community or somebody outside of it might accuse them of misconduct.

In either case, school authorities ought to carry out due diligence and only act when reasonable doubt has been removed.

Due diligence

The first priority should be to establish beyond a reasonable doubt whether or not the suspicion is true.  Christian charity requires that school authorities should assume the best of their employees until evidence proves otherwise.

The practice of anonymous accusation, not uncommon in Catholic institutions, should be rejected in all but the most extraordinary circumstances (e.g., in cases of danger to the informer).  Although it may be fair to ask authorities to maintain confidentiality when one is revealing sensitive information about oneself, if one accuses another of grave misconduct, one should, in justice, be willing to be made known to the accused.  And the accused, also as a matter of justice, should be given the opportunity to face his or her accuser.  It is not only gravely unjust—evil—to falsely accuse another; it is also unjust for authorities to accept and act on an accusation of grave misconduct without undertaking due diligence to establish its verity.

Upon a revelation of misconduct, school authorities ordinarily should first approach the employee and ask him or her charitably and without dissembling: “Did you do X?” or “Are you doing Y?”  If rumors are flying about, but no solid evidence has been presented, it would still be acceptable to ask the employee directly whether there is anything to the rumors.

Unless school authorities have reasons to suspect an employee’s honesty, a denial of guilt should be taken as sufficiently establishing the truth.

Moral certitude

Only after guilt has been established beyond a reasonable doubt—that is, when authorities have moral certitude of their employee’s guilt—should disciplinary measures be initiated.

And I do mean should be initiated.

Schools must not close their eyes to the grave immorality of their employees hoping it will go away.  It is not uncommon for schools to ignore the private but scandalous behavior of their employees, not acting upon it until the situation grows into an ugly PR problem, at which point, scandal has probably already occurred.

Although they should not take action in the absence of due diligence and moral certitude, as soon as these are fulfilled, they should not delay action because of a fear of unpleasant results.

Confidentiality vs. Secrecy

A common cause of disunity in Catholic educational institutions is inadequate communication between administration and other employees, especially faculty.  Although every person has a right to a good name, and idle curiosity should not be fed, confidentiality should not be taken to the extreme of secrecy.

All school employees share responsibility for contributing to, and maintaining, the conditions of the common good of the institution.  Consequently, they have a right to know at least the minimal facts of serious situations that bear upon that common good.

If a teacher or administrator is convicted of, and dismissed for, misconduct, I believe it is best for school authorities to give other school employees at least minimal information about the event (e.g., “so and so has been dismissed for misconduct”).  Details ordinarily need not be divulged.  Employees should be admonished not to give over to gossip or listening to gossip, or calumny or reviling.  They should be told that if they feel the need to discuss the situation further, they are free to contact proper channels within or outside the institution.

Harmful Effects of Terminating or Not-Terminating an Employee

I said above that making a good moral decision means assessing the potential consequences of adopting, or not adopting, alternatives under consideration.  In this final section, I elaborate on the kinds of unintentional harms that may follow upon the decisions to dismiss or not dismiss an employee for misconduct.

If there is a clear school policy, as I recommend above, some of the harms (especially in clear-cut cases of misconduct) may be less material to the analysis, but no reasonably-foreseeable harm of our actions is irrelevant to conscientious moral analysis.

Therefore, this final section is included to educate readers, especially those who hold positions of authority in Catholic education, of the types of issues that should be considered when undertaking a moral assessment of complex issues such as the one we are considering here.

Not Consequentialist or Proportionalist Reasoning

It bears noting that considering the harmful consequences attendant to a decision to terminate or not terminate is not consequentialist reasoning, the aim of which is to determine by appeal to consequences whether or not intending evil (as an end or means) is licit ‘under the circumstances.’  Evil alternatives should never be chosen and consequently should not be the subject matter of moral deliberation.  As soon as we conclude that some type of behavior would be intrinsically wrongful to choose, we should exclude it from our range of potentially-acceptable choices.

But once we have done this, we must have a reasonable concern for consequences.

Effects of terminating employment

What harmful (unintended) side effects are likely to be caused by terminating an employee for misconduct?

  1. Effects on school pedagogy: perhaps lose a good teacher;
  2. Effects upon students: alienate students who feel sympathy for the teacher;
  3. Effects upon faculty/administrators/other employees: generate or strengthen unhealthy factions within the institution;
  4. Effects on institution/diocese/Church: employee becomes a cause célèbre:
  • Provides an opportunity for those outside the institution who oppose the Church’s teaching to accuse the institution of intolerance, mean-spiritedness, unmercifulness, hypocrisy, etc.
  • Provokes lawsuits with financial implications for the institution.
  1. Effects upon the teacher: stigmatizes him/her which may make it hard to find a new job; perhaps precipitates financial difficulties, relational difficulties, etc.;
  2. Effects upon the innocent:
  • If a teacher gets pregnant, termination may cause harm to the unborn child; if he/she has other children, hardship may come to them.
  • If termination is carried out in a heavy-handed way, those in the community who are weak or ignorant, but good-willed, may be alienated from the Church.

If one or another of these harms can be avoided by undertaking remedial interventions that are not gravely burdensome to the institution, then, when a decision is made to terminate an employee for misconduct, school authorities should consider ways to make those interventions.

Effects of not terminating employment

What are some foreseeable unintentional harms of not terminating employment?

  1. Possibility of scandal: continuing employment may tempt others to sin:
  • Effects upon students: Students who see the school apparently tolerating the behavior may conclude that the behavior is legitimate; may even imitate it.
  • Effects on others outside the school: not taking decisive action can make the wrongdoing seem more acceptable, provide material for rationalization and self-deception, tempt the weak, and confuse the doubtful or ignorant.

Moral principle: if school authorities have good reasons to conclude that not taking decisive action, including termination, will cause scandal, then ordinarily they have an obligation to take appropriate action.  If the risk of scandal can be obviated by measures short of termination, then fear of scandal need not be decisive.

  1. Effects upon the school’s mission: by not taking decisive action, the school may fail in its duty to bear perspicuous witness to gospel values. Catholic schools, as a matter of basic identity, have an obligation to offer credible and charitable witness against these types of wrongdoing and for the goods violated by the misconduct.

Moral principle: if school authorities have good reasons to believe that their school’s apostolic integrity (i.e., its ability to carry out its mission) will be compromised by not taking decisive action, then ordinarily they are obliged to take that action.

  1. Effects upon the school’s Catholic reputation: by not taking decisive action the school may appear to be indifferent towards certain kinds of evildoing and hence lose the respect (as a Catholic institution) that all true apostolates deserve. For schools that have already lost this respect, school leaders should consider their response to employee misconduct in light of the need to restore their good (Catholic) name.
  2. Effects upon school authorities themselves: those in authority should ask whether tolerating grave misconduct in their employees would cause themselves (or other employees) to grow psychologically coarsened in relation to the goods/persons adversely affected by the wrongdoing, or cynical towards the duty to “fight the good fight” against certain widespread kinds of evil. They should take appropriate action against such coarsening and cynicism in themselves (and in their employees, especially faculty members).
  3. Effects upon school policy: not taking decisive action may establish a dubious precedent for resolving future cases; this should be avoided.
  4. Effects upon other schools: other schools may follow the example, when in fact their situations are quite different and demand a different response.
  5. Effects upon the wrongdoer: if wrongdoers are not disciplined, they may be strengthened in their wrongdoing and carry out further wrongful acts.
  6. Effects upon community harmony:
  • Members of the wider Catholic or Christian community, who hear about wrongdoing at a Catholic school and conclude that the school is indifferent to it, may grow alienated from the school and from relevant Church authorities.
  • Disharmony may also be caused between school authorities and possible victims of the wrongdoing, e.g., a spouse who was dumped by a school employee may perceive the school’s failure to terminate the spouse as the school’s indifference towards, or support for, the wrongdoing.

Other Morally Relevant Questions

A few other questions should also be asked:

  1. Are there special circumstances that strengthen the school’s reasons to terminate or not to terminate an employee? For example:
  • Is the employee especially vulnerable at this time for reasons unrelated to the misconduct?
  • Or is the misconduct so grave and the potential harms so widespread that attending to “special circumstances” might be unfair to others?
  • Is the employee recidivist in wrongdoing or is this a first offense?
  • Does he or she as a rule publicly support Catholic teaching or criticize it?
  1. Is the employee close to retirement?
  • If so, could the retirement be moved forward in such a way as to render unnecessary a precipitous termination?
  • In some instances, however, the institution may be obliged to say something publicly about the retirement, so that others do not come away with the mistaken belief—if it is indeed mistaken—that the authorities have done nothing about the misconduct.
  1. Can termination be carried out more discreetly? Could the employee be let go at the end of the contract year, rather than immediately, without undue harmful effects being caused?
  2. Do school authorities have good reasons to believe that terminating employment may prevent or mitigate future wrongdoing by the employee?
  • Certain kinds of decisive action may be advisable, and even obligatory, if doing so is likely to prevent future evildoing.
  • If, however, the intervention is unlikely to have any positive effect on the employee, this may not be a consideration.

Conclusion

This is an analysis of Christian principles important for properly understanding issues surrounding the termination of teachers/faculty, school administrators and other employees who have been found guilty of grave moral misconduct in their private lives.

The principles are offered to assist school authorities to establish clear and consistent policies regarding moral behavior for employment contracts, faculty handbooks, or other documents, which govern the conduct of school employees.  They also may be useful as a basis for the establishment of employment law respecting both the religious freedom of Catholic educational institutions and the rights of employees.

Maintain Schools’ Religious Character to Protect Religious Freedom

/in , /by

This is part of a series of research reports on the Common Core State Standards Initative and its potential impact on Catholic education.

Introduction

It is vital that religious educational institutions maintain their religious mission in all their programs—including standards, methods, and curriculum—if they want to avoid being subjected to federal civil rights laws and the federal control that comes with them. Civil rights laws threaten the ability of religious educational institutions, including primary and secondary schools, to preserve their religious character.1 For instance, Title VII prohibits religious discrimination by employers, including educational institutions,2 and Title IX prohibits discrimination on the basis of sex in educational programs.3 And in a concerning development for religious schools, both statutes have recently been interpreted to prohibit gender identity discrimination. In order to maintain their religious character, educational institutions must be able to employ faculty and recruit students who will faithfully promote the schools’ religious educational missions, and comply with their doctrinal teachings.

To do so, religious schools must operate in a manner that affords them the protection of key exemptions from these federal civil rights statutes for religious organizations. But those exemptions do not apply if a school that was founded as a religious institution has become largely secular. A key factor, among many others, in a religious educational institution proving it has maintained its religious character is demonstrating that its curriculum includes instruction in the religious beliefs of the institution. Thus, religious educational institutions must resist governmental attempts to interfere with and control the content of their curriculum.

I. THREATS TO THE RELIGIOUS IDENTITY OF RELIGIOUS SCHOOLS

Title VII’s Prohibition on Employment Discrimination

Title VII bars certain employers from discriminating on the basis of religion and other protected characteristics.4 Unlike Title IX, discussed in Section I.B., below, Title VII’s applicability does not depend on whether an employer receives federal funds.  Also, Title VII includes a much broader exemption for religious organizations than does Title IX.

Title VII Applicability

Title VII prohibits employers of 15 or more employees from discriminating in hiring and firing employees on the grounds of race, color, religion, sex, or national origin.5 These employers may not “limit, segregate, or classify” employees or applicants (again, on the bases of race, color, religion, sex, or national origin) in such a way as to deprive them of opportunities or negatively affect their status.6

Title VII Exemption

Title VII does not apply to religious discrimination by religious organizations.7 Title VII does not statutorily define what constitutes a religious educational institution or religious organization, but the exemption is broad: all of a religious organization’s activities are exempt, not just those activities that are specifically religious. General principles of interpretation of the exemption caution that it is fact specific.8 Because of the sparse nature of the statute, courts have varied not only in their decisions about whether certain organizations are religious but also in the factors they apply.

In a case particularly relevant to the religious nature of Catholic educational institutions, the Oklahoma Federal District Court found that St. Pius X School was entitled to make employment decisions on the basis of religion under Title VII’s religious employer exemption. The Court stressed the following facts in arriving at its conclusion: (1) The school required participation in daily prayer and religious instruction for all students; (2) The pastor of the parish supervised some school decisions, including whether to renew teacher contracts; (3) The St. Pius student handbook described the school as “first and foremost a Catholic school [that] embraces the Catholic traditions of mass, personal prayer and stewardship” and required students to “actively show your faith by: respecting the Eucharist, participating in the prayer and social life of the church school community, and treating classmates, teachers and visitors with the respect they deserve”; and, (4) The school permitted students of any faith to enroll but gave preference to members of the St. Pius X Parish and the Catholic faith.9

In another important case related to religious educational institutions, the Eleventh Circuit Court of Appeals concluded that Samford, a Baptist university, was a religious educational institution which can consider religion when making employment decisions. The court described the following as relevant to its conclusion:  (1) Samford was originally founded as a theological institution by the Alabama Baptist State Convention; (2) The vast majority of its trustees had been Baptist; (3) The Baptist convention contributed over four million dollars to Samford; (4) All Samford’s faculty who taught religion were required to subscribe to a particular Baptist statement of faith; and, (5) Samford’s charter described its purpose in explicitly religious terms.10 Additional courts have also ruled that particular religious educational institutions were entitled to Title VII’s religious employer exemption.11

Title VII and Gender Identity Discrimination

In a concerning development for religious institutions, the federal EEOC and a number of courts have held that Title VII’s ban on sex discrimination forbids discrimination on the basis of gender identity.12 Accordingly, religious educational institutions ought to have written policies outlining their religious views on gender identity and explaining what they plan to do if confronted by an applicant, student, or employee who challenges those views. Such written policies will put religious institutions in the best position to avail themselves of Title VII’s religious employer exemption and First Amendment defenses if the need should arise.13

Title IX’s Prohibition on Sex Discrimination in Education

Although Title IX prohibits sex discrimination14 in schools that receive federal financial assistance, it has an exemption for religious organizations.15 If an educational institution is both “controlled by a religious organization” and if prohibiting sex discrimination would “not be consistent with the religious tenets of such organization,” then the school may be able to discriminate.16 But it is clearly limited to differentiating on the basis of sex.17

Funding Trigger: Federal Financial Assistance under Title IX

Title IX only applies to schools that receive federal financial assistance. Most religious colleges and universities receive federal financial assistance in the form of Federal Student Aid,18 thereby subjecting them to Title IX’s mandates. But religious schools at the primary and secondary level are far less likely to receive federal funding in this or any other form. Thus, it is not very likely that Title IX will apply to such schools.

For educational institutions attempting to determine if they are receiving federal financial assistance, it is important to note the following:  (1) it appears that tax exempt status does not constitute receiving federal funds;19 and (2) use of small amounts of federal funds has been held to not be enough to classify the school as a recipient of federal financial assistance under Title IX.20 But at least one federal court has found that one Catholic high school’s receipt of federal financial assistance through the National School Lunch Program triggered the applicability of Title IX to all schools within the Diocese.21

Should a religious school cross Title IX’s federal financial assistance threshold, the entire institution will be  subject to government regulation under Title IX. For example, Title IX applies to religious colleges and universities if their students are receiving federal loans to pay for their education. But they must actually receive federal financial assistance rather than merely benefit from another entity’s receipt of federal funds.22 If federal financial assistance is actually received, subjecting the school to Title IX, there are virtually no methods of institutional structuring which will allow it to maneuver around these regulations.23

Title IX’s Religious Exemption

Title IX’s exemption for religious organizations is far narrower that the Title VII exemption discussed earlier. It is found at 20 U.S.C. § 1681(a)(3), and is also referenced in similar language in § 1687(4).  The procedure for obtaining this exemption requires the highest ranking official of the educational institution seeking the exemption to submit a written statement to the Director of the Department of Education “identifying the provisions of this part [Title IX] which conflict with a specific tenet of the religious organization.”24 Thus, unlike the Title VII exemption, the Title IX exemption must actually be affirmatively pursued by the institution.

In order to qualify for this exemption, an educational institution must be “controlled by a religious organization.”25 An educational institution that could be classified as a religious institution itself would also meet this requirement.26

On one end of the spectrum, a religious educational institution which is in fact a seminary will generally be considered controlled by a religious organization (or actually may be a religious organization) for the purposes of Title IX exemption. Such a school would then need to establish that, according to its religious tenets, sex discrimination was necessary. Many religious faiths believe in either differing vocational roles for men and women generally or at least, reserve ministerial ordination for men only. These faiths can establish their beliefs based on their interpretation of their sacred texts and foundational documents.27 These are exactly the type of institutions this exemption benefits.28 To the extent that an educational institution which trains religious leaders can establish that its faith does differentiate in particular ways based on sex, it should be able to allow its students to receive federal financial assistance without coming under the sway of government regulations prohibiting the type of role differentiation it practices.

But it is important to understand that the Title IX exemption is quite narrow. A religious primary or secondary school, unlike the seminary above, faces a difficult task in establishing that it is a religious institution or controlled by a religious organization. And it faces an even more difficult challenge in establishing that it has a religious rationale for sex discrimination. A Supreme Court case involving Grove City College demonstrates this difficulty. Grove City objected to signing an Assurance and Compliance form required by the Department of Education, which would have subjected the school to continual governmental oversight, potentially requiring responses to both past and future discrimination. The court found Grove City was not exempted as a religious institution, even though it was committed to the Christian faith since its founding in 1876 and its religious beliefs clearly permeated its educational programs.29 Nevertheless, religious schools which are institutionally connected to particular religious denominations and organizations, like Catholic parochial schools, stand the best chance of fulfilling this requirement.30

Courts apply religious exemptions by weighing the facts carefully, not merely taking a school’s assertion that it is religious at face value.31 Importantly, a religious past does not speak for a religious present.  Straying from an historic religious character cuts decisively against being regarded as religious or controlled by a religious organization.

Compelled Health Insurance Coverage Under the Patient Protection and Affordable Care Act

The Patient Protection and Affordable Care Act (ACA) poses some serious threats to conscience rights of religious schools. The ACA generally mandates that employers provide one of several options of health insurance to their employees. The ACA also grants sweeping powers to the Secretary of the Department of Health and Human Services (HHS) and other administration agencies, which they have used to adopt regulations mandating coverage of contraception, sterilization, and even abortion in an employer ’s coverage options. The regulations grant an exemption for religious employers, but it is extremely narrow. It is limited to “churches, their integrated auxiliaries, and conventions or associations of churches” and “the exclusively religious activities of any religious order.”32 Most religious schools likely do not qualify for this exemption.

The regulations do provide an “accommodation” for religious organizations that do not qualify for the exemption. Under the accommodation, religious employers must obtain an insurer or third-party claims administrator and submit a form that causes that insurer or third-party administrator to arrange payment for the health care items and services to which the employer objects. A religious organization may believe (and many do)33 that the “accommodation” substantially burdens its religious beliefs because employees obtain access to the objectionable items and services as a direct consequence of their employment with the religious organization and of their participation in the health insurance benefits it provides. Institutions that attempt to avoid the conscience-violating requirements of the ACA by not providing health coverage for their employees will face stiff financial penalties. Section II(B) below discusses religious schools’ options for avoiding the requirements of the ACA as well as potential grounds for protecting religious freedom through litigation.

II. STEPS TO PROTECT THE RELIGIOUS CHARACTER OF SECTARIAN

Demonstrating A School is Religious

In short, many religious educational institutions, particularly religious primary and secondary schools which were founded on purposes tied to goals of educating in conformity to religious teaching – especially when the ties are denominationally specific or specific to an individual church – should be exempted from federal prohibitions on sex and religious discrimination. But an educational institution that veers from a religious founding will probably not be able to demonstrate it is a religious organization.34 It will therefore not be able to require that its staff, faculty, and student body agree with its religious mission and theology.

The cases indicate courts will consider ten factors when determining whether a school is a religious organization.35 A primary or secondary school is much more likely to be able to qualify for an exemption if it satisfies all of them. They are:

Whether the entity operates for a profit

This factor is not an issue for most religious primary and secondary schools, as few if any operate for-profit. “Nothing in the statute or case law says a for-profit corporation can not [sic] be a ‘religious corporation,’ but every reported claim for that status by a for-profit corporation has been denied.”36 Non-profit status definitely weighs in favor of being considered a religious organization.

Whether it produces a secular product

Many religious schools teach secular subject matters in addition to religious. This does not preclude them from being considered religious institutions (indeed, typically the “secular” subject matter is taught from the religious perspective of the school). For instance, Samford University offers a plethora of secular degrees, but was still considered a religious institution because, among other things, its chief purpose was “the promotion of the Christian Religion throughout the world by maintaining and operating … institutions dedicated to the development of Christian character in high scholastic standing.”37

Whether the entity’s articles of incorporation or other pertinent documents state a religious purpose

All indications are that the governing documents of an organization are important to it being considered religious. No cases were found where an organization was deemed religious even though no religious purpose was stated in its founding documents.38 On the other hand, Samford’s charter reflected its chief purpose of promoting the Christian Religion throughout the world, and that was a significant factor in the court’s determination that the university was religious.39

Whether it is owned, affiliated with or financially supported by a formally religious entity such as a church or synagogue

Though not determinative, this factor certainly figures strongly into the calculation when assessing whether a school is religious. The Court found it significant that Samford University received 7% of its annual budget from the Southern Baptist Convention.40

Whether a formally religious entity participates in the management, for instance by having representatives on the board of trustees

This factor is very helpful for determining a school is religious if it is not directly affiliated with a church or other religious body. For instance, in LeBoon, a Jewish Community Center was considered a religious organization even though it was not directly affiliated with any synagogue, because several rabbis were advisory, non-voting members of its board.41

Whether the entity holds itself out to the public as secular or sectarian

This is one of the most important factors. A school in Hawaii that required its teachers to be Protestant was not religious, due in part to the fact that the school’s introductory pamphlet and course catalogue did not list any religious purpose of the school.42 Conversely, another court found it significant that “Samford’s student handbook describes Samford’s purpose this way: ‘to foster Christianity through the development of Christian character, scholastic attainment, and a sense of personal responsibility.’”43

Whether the entity regularly includes prayer or other forms of worship in its activities

Students at Samford University are required to attend chapel—which figured favorably in the court’s determination that it is a religious organization.44 But this factor did not help a school in Hawaii due in large part to the fact that most of the religious activities were optional for students.45

Whether it includes religious instruction in its curriculum, to the extent it is an educational institution

Sectarian schools must be careful to ensure that religious courses do something more than just teach about religion—which is allowed even in public schools. For instance, this factor weighed against the Hawaii school that was found not to be religious because its curriculum “consist[s] of minimal, largely comparative religious studies….”46 Whereas, Samford University actually has a divinity school that trains clergy.

Whether its membership is made up by coreligionists

In the school context, this factor obviously has to do with the composition of the student body and faculty. It is not necessary that students and teachers be limited to individuals of a particular religion. Although Samford students are required to attend chapel, the court made no mention of a requirement that they be Southern Baptist, and determined the school was religious anyway. And only instructors who taught religion courses were required to subscribe to a particular statement of faith.47 The court did favorably mention another case where the fact that 88% of the student body and 95% of the faculty were Baptist was significant in determining the school was religious.48

Consistent compliance with religious beliefs

Courts have held that a school or entity is no longer religious, even though it once was, because of lack of effort to comply with its original religious teachings. For instance a court found that a home for troubled youth originally established with a religious purpose and governed by church-member trustees was presently secular because it no longer included religion in its programming and attendance at religious services was optional.49 Likewise, a school in Hawaii originally established as a Protestant institution was not religious because “the record reveals the purpose and emphasis of the School[] have shifted over the years from providing religious instruction to equipping students with ethical principles that will enable them to make their own moral judgments.”50

This factor may be particularly significant for primary and secondary schools that are affiliated with a particular denomination that specifically proscribes religious tenants that must be followed. For instance, all Catholic educational institutions are bound by Canon Law. And universities in particular are also bound by the Church’s Apostolic Constitution Ex Corde Ecclesiae.51

Protection From the ACA

This section discusses religious schools’ options for avoiding the requirements of the ACA as well as potential grounds for protecting religious freedom through litigation. Schools should consult legal counsel to determine what their specific options are under the ACA regime. Some potential options are as follows:

Lobby for amendments addressing conscience protection issues

Members of Congress are aware of the deficiencies in the ACA, and several are proposing amendments to fix the shortcomings. Representative Joseph Pitts (R-PA) introduced H.R. 940, the Health Care Conscience Rights Act, which would prohibit the federal government from requiring employers to buy insurance coverage that includes items or services against which they have deeply held moral or religious objections. Institutions concerned about the formidable new threats to their conscience rights must lobby for broad protection at both the federal and state levels.

Sue HHS under the Religious Freedom Restoration Act.

In a specific case where all of an institution’s options for fulfilling the ACA’s employee-coverage mandate substantially burden its religious beliefs by forcing it to cover objectionable practices, or arrange and facilitate that coverage through the accommodation, the institution may be able to file a lawsuit alleging that the ACA’s mandate as applied to them violates the federal Religious Freedom Restoration Act (“RFRA”).52 The act prohibits the government from “substantially burden[ing] religious exercise without compelling justification.” Health coverage is an important employee recruiting and retention tool for employers. Having to choose between not providing health coverage and compromising religious values is likely the type of burden RFRA was meant to protect against.53 The success of any such claim will depend on the specific facts of an institution’s circumstances. The institution should be able to assert that it actually has a sincere religious belief against providing or facilitating coverage for certain objectionable practices, and that forcing it to do so will substantially burden its belief because it would select non-objectionable health coverage if it could.

Conclusion

Religious primary and secondary schools are prohibited from discriminating on religion and sex by Title VII and Title IX.54 There are exemptions for religious organizations in both of these statutes, but schools can only take advantage of these exemptions if they satisfy multi-factored tests that require them to consistently follow their religious convictions. To the extent that a religious school departs from its historic religious ties, it may be in danger of losing its ability to claim that it is a religious employer exempted from civil rights legislation disallowing even religious discrimination. To minimize regulation, such institutions should firmly maintain their religious identities and should exercise caution when accepting federal funds or allowing their students to accept federal financial assistance.

Religious schools are also subject to new requirements for providing health insurance to employees.  Federal regulations implementing this law require employers to provide coverage for items and services to which religious schools may object, such as contraception and abortion. School officials should begin consulting with counsel as soon as possible to determine if there will be any conflict between this law and the school’s religious teachings.

 

 

 

Questions and Answers About What the Latest HHS Mandate Rule Means for Catholic High Schools

/in , /by
Click here for PDF

This Issue Brief takes a look at the new1 “Notice of Proposed Rulemaking” issued on February 1, 2013, by the Department of Health and Human Services concerning the federal mandate that health insurance plans, including those provided or arranged by non-exempt Catholic high schools, must include coverage of early abortion pills, contraception, sterilization, and related education and counseling for women with a reproductive capacity.

What was the government’s intent with the February 1st  “Notice of Proposed Rulemaking”?

The Notice of Proposed Rulemaking (“NPRM”)2 sets forth a proposed (not final) structure for public comment on whether or how the government will respect religious objections to its coverage mandate of early abortion pills, contraception, and sterilization.  It concerns three categories of entities with objections to the mandate.  Generally, these categories are: (1) houses of worship; (2) all other religious non-profits; and (3) all other objectors.

Is this the final rule?

No, it will be finalized by August 1, 2013.  The public may submit comments by April 8, 2013.

Who would be exempt from the mandate under the NPRM?

The NPRM proposes that basically only houses of worship would be exempt from the mandate.  Exempt entities are called “religious employers,” and these must be either “churches, their integrated auxiliaries, and conventions or associations of churches,” or “the exclusively

religious activities of any religious order.” These categories are narrow and well-established in Internal Revenue Code section 6033(a)(3)(A)(i) and (iii). Many Catholic high schools might not fall into these categories.  They should consult with an attorney or tax advisor to review whether or not they qualify.

Is this a change from the existing exemption?

In one respect, the NPRM proposes a change from the existing mandate exemption. Under the existing exemption, houses of worship are still the only entities eligible for an exemption, but in addition those houses of worship must function to inculcate beliefs, and must primarily hire and serve only those of their own faith. The NPRM proposes to remove the latter three requirements from the definition of exempt “religious employers,” but retain the fourth criteria by which the entity must be a house of worship, church, religious order, or the like as listed above.  The NPRM insists that this change is a clarification, not a broadening of the exemption. Since houses of worship are still the only entities that qualify for an exemption, the NPRM’s changes “would not expand the universe of employer plans that would qualify for the exemption beyond that which was intended” in the existing rule.

In another respect, the new proposal appears to be worse for entities such as Catholic high schools. Under last year’s regulations, it was suggested that if a school’s employees received insurance from a diocese’s health plan, the school’s coverage would fall under the diocese’s exempt status as a church. See 77 Fed. Reg. 16,502. But the new proposed exemption intentionally removes this possibility and says employers will be treated separately: only if a school is itself a church or integrated auxiliary thereof will it be exempt, even if its employees use the diocesan health plan. 78 Fed. Reg. at 8,467. Thus, many schools that are affiliated with churches, but not integrated auxiliaries thereof, may lose their access to exempt insurance.

Is this a very narrow definition of “religious employer,” or one that is used commonly by the federal government?

This definition is extremely narrow compared to other federal laws providing for conscience exemptions.  The 40-year-old bipartisan standard established throughout federal law, including in health and insurance coverage of items such as contraception, is to exempt any person or group with moral or religious objections.  The Religious Freedom Restoration Act in particular requires the federal government to exempt any religious objector from rules such as this Mandate. The administration has instead constrained religious freedom by using a category in tax law that has no relationship to conscience, but instead relates to whether a group files its own 990 tax form. Even within that code section, the administration gerrymandered this rule by selecting subparts (i) and (iii) but not (ii) which includes other nonprofits.  The administration apparently selected a category with the smallest possible scope it could find.  This is consistent with its view that religious freedom really only inheres in worship and not in the exercise of religion outside a house of worship.

How would the NPRM deal with objections from colleges and other non-profits?

The NPRM proposes to apply the coverage mandate to all non-exempt entities, including religious groups. But for some religious non-profit groups, the NPRM proposes to accomplish this through what it calls an “accommodation.” The accommodation is a complex arrangement designed to create the impression that the religious organization is not involved in giving its employees access to objectionable items such as early abortion pills, while at the same time insisting that the employees will receive those items seamlessly with their employer’s own provision of coverage.

Their employees would still receive objectionable coverage from those groups’ own insurers or plan administrators, and would receive it “automatically,” so that the employees could not opt out of the coverage for themselves or their female family members.

What qualifies an organization for this “accommodation”?

The NPRM applies its accommodation to non-exempt “eligible organizations.”  These should not be confused with exempt “religious employers” discussed above.  (Exempt religious employers—houses of worship—are not subject to the accommodation scheme.)  A non-exempt “eligible organization” is one that meets the following criteria:

The organization opposes providing coverage for some or all of the contraceptive services required to be covered under section 2713 of the PHS Act on account of religious objections.

The organization is organized and operates as a nonprofit entity.

The organization holds itself out as a religious organization.

Again, these “religious organizations” are those that do not fall within the exempt category of houses of worship discussed above.

How does the “accommodation” work for non-exempt “eligible organizations”?

The organization must sign a certification asserting that it meets the above-described criteria, keep the certification in its records “for examination upon request so that regulators, issuers, third party administrators, and plan participants and beneficiaries,” and provide the certification to the insurance issuer(s) and/or its self-insurance plan administrator(s) that the group pays for their ordinary duties.

Under the accommodation, once the religious group’s insurer or administrator receives that certification, the insurer or administrator is required to “automatically” provide the religious group’s employees and plan beneficiaries with insurance covering the objectionable items.

If the religious group uses an insurer, that insurer also becomes the insurer for the objectionable items.  The NPRM claims that this insurance plan will be “separate” and will not be charged to the religious group.  But it admits that there are up-front costs to the items, and it claims that these costs will be offset by the benefits of the primary insurance that the religious group is paying for (since, it theorizes, fewer childbirths will lead to lower costs).

What about self-insured non-profit religious groups?

If the religious group is self-insured, the NPRM proposes that it be required to use a plan administrator (even if it does not presently have one).  When that plan administrator receives the certification it will take on the additional duties of finding an external insurance company to “automatically” issue insurance coverage of objectionable items to the religious group’s employees.  The NPRM does not address the privacy implications of releasing employee health information to an insurance company with which the religious group never contracted, for a purpose to which the religious group objects.

The NPRM proposes that the costs of the objectionable items will be offset by rebates that the federal government will offer those insurers in the health “exchanges” otherwise implicated by the Affordable Care Act.

Is the NPRM correct that the “accommodation” does not implicate an objecting entity?

The NPRM imposes what is essentially a moral judgment that the “accommodation” frees objecting entities from culpability for coverage of objectionable items.  Entities are not allowed to disagree with this moral judgment set forth by the government. Several factors might lead objecting entities to differ from the government’s moral viewpoint. Under the accommodation, the Affordable Care Act will still be requiring objecting entities with 50 or more full-time employees to provide health insurance coverage, and that coverage will be the trigger for the objectionable items to flow to its employees.  The objectionable coverage will come from the same insurers or plan administrators that the religious group is paying. The provision of objectionable coverage will be triggered specifically by the religious group’s mandated delivery of its religious certification to its insurer or plan administrator.  For insured entities, the costs of the objectionable items will allegedly be offset by the main plan the objecting entity is buying. For self-insured entities, the NPRM does not fully explain how costs will be offset.  Unprecedented burdens and fiduciary duties will fall on insurers and plan administrators with whom religious groups contract, because of that contract.  The NPRM does not fully explain how these additional burdens will not eventually be reflected in the ability of religious groups to contract with insurers or administrators in the first place.

What religious freedom allowances does the NPRM provide to other objectors?

None.

Neither an exemption nor a feigned accommodation is provided under the NPRM for: employees of religious non-profit groups who do not want free abortion-pill, contraception, sterilization and counseling coverage for themselves, their spouses       or their daughters; non-profit groups that object to abortion-pills or contraception for non-religious reasons; insurance companies or plan administrators that object; religious families that earn a living running a business; or individuals that arrange for their own insurance coverage not through an employer.

Notably, the Affordable Care Act uses secular reasons to refrain from applying this mandate to tens of millions of other Americans, such as because a plan is “grandfathered” from many ACA regulations.  Yet the government refuses to exempt most religious objectors.

Is the NPRM still subject to comment?

Yes.  The NPRM is not final and the government will accept public comments until April 8, 2013, about any aspect of the proposal. The Alliance Defending Freedom work with The Cardinal Newman Society to prepare a formal comment and other institutions are welcome to join that comment. Individual organizations may also submit their own electronic comments to www.regulations.gov. All comments should reference file code CMS–9968–P.

If I have more questions, whom do I contact?

General questions can be address to Bob Laird at the Cardinal Newman Society’s Catholic High School Honor Roll, (703) 367-0333 x 106 or blaird@CardinalNewmanSociety.org.  Specific questions about legal actions should be directed to Matt Bowman at Alliance Defending Freedom, 1-800-835-5233.