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Bishops Approve Mandate Guidelines
In June the National Conference of Catholic Bishops approved guidelines for implementing the requirement that Catholic theologians at Catholic colleges obtain a mandate, or ecclesiastical license, from their bishops in order to teach. The requirement is meant to ensure that such professors teach "authentic Catholic doctrine" to their students. It originated in Ex Corde Ecclesiae, the 1990 papal document designed to strengthen ties between the Vatican and Catholic institutions of higher education. The mandate has proved controversial, because many perceive it to be in conflict with academic freedom and a threat to universities' commitment to scholarship and free inquiry.
According to the guidelines approved in June, professors appointed before May 3, 2001, must obtain a mandate by June 1, 2002, and professors appointed after that date must obtain a mandate within the academic year or within six months of their being hired, whichever is later. It is unclear what will happen if a theologian teaching at a Catholic college does not seek or receive a mandate. The requirement carries no legal weight, and consequences are not spelled out in the guidelines.
In an apparent bow to the concerns of critics who fear inconsistent or arbitrary implementation of the mandate requirement, the guidelines incorporate several protections. They say that a bishop contemplating the denial or removal of a mandate must discuss the reasons for his prospective action with the affected faculty member and allow the theologian to make "all appropriate responses." A decision to withhold or withdraw the mandate must be given in writing and be based on specific and detailed evidence that the professor does not qualify for a mandate.
The guidelines as adopted improve on earlier drafts, according to Richard McBrien, a professor of theology at the University of Notre Dame and an outspoken opponent of the mandate requirement. "Bishops have assured the theologians that they have no desire or intention to interfere in the internal academic life of the universities and colleges, and that they fully expect to grant the mandatum to whichever theologians request it," he wrote in a July 16 column syndicated in several Catholic newspapers. "Moreover, they will not publicize the names of those who do not seek the mandatum or, in rare instances, are denied it. In the end, however, the requirement is unenforceable without a change in the statutes of each Catholic university and college."
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