Understand Fr Jenkins can only be fired by the Board. However, isn’t he also a member of the Holy Cross order? I assume he’s got superiors in the order that he is accountable to, right? They can’t fire him, but couldn’t they remove him or at least direct him to act according to Church teaching or the Bishops positions?
Fr. Jenkins is a member of the Holy Cross Brothers. He has a provincial superior and a superior general. They do have authority over him. They cannot remove him from his post without a legal battle with the Board. There is a contract between the Board and the congregation.
They can order him not to accept the appointment again. His term is up next year. The Board appoints the president of the university. According to the contract, the president must be a member of the Brothers of the Holy Cross. But it does not have to be Fr. Jenkins.
The Brothers can order him to obey. This is the question that the Superior General publicly said that he was grappling with. He could order Fr. Jenkins to rescind the invitation. However, there was the issue of the Board. If the Board disapproved, the Superior General has no authority over the Board. Therefore, the Board could invite the President on their own initiative.
The conflict for the Superior General, which he said that he did not know exactly how to handle this, was whether it would serve any purpose ordering Fr. Jenkins to rescind an invitation that the Board could make over his head. This is why the Superior General took the time and made the effort to contact President Obama. The most viable solution seemed to be that President Obama would come down with a cold and bow out graciously. This way, no one could invite him.
There is also a Board of Governors. That board is over the Board of Trustees. The contract with the university states that the Board of Governors must be 50% Brothers of the Holy Cross and 50% secular men and women. To what extent the Board of Governors is involved in the decision to invite President Obama has never been said.
In fact, the Boared of Trustees has never come out and said that they supported or not the invitation. We can assume that they did, because the president of the university works for them. Graduations are planned by a graduation committee that answers to the President and to the Provost of a university.
My point is that there were others involved in this decision and they are hiding behind Fr. Jenkins. Fr. Jenkins has become the whipping boy while these other people are sleeping comfortably in anonymity. I can understand Fr. Jenkins trying to smooth this over with a nice speech and letter. He is probably trying to legitimize himself and protect those who give him marching orders at the university.
This begs the question, how fair is it to penalize Fr. Jenkins, without penalizing the Board of Trustees, the graduation committee and the university provost, all have a voice in this matter, yet none have publicly taken any responsibility. Who has the authorithy to penalize them?
If I were Fr. Jenkins, I would be very angry right now. You don’t hire someone of Fr. Jenkisn caliber to run your university and leave him out to hang on such an important issue. Therefore, I would probably offer my resignation. Even if it were rejected, it would be a sign to the rest that they are co-responsible for this decision and co-responsible for the crisis that this triggered.
The Bishops’ statement was not directed at an individual. It was directed at the Catholic community. These boards, both the trustees and the governors, even though they are not all religious, agreed to run the university according to the mission and vision of the founders. The founders were the Brothers of the Holy Cross. Obviously, this particular choice was incompatible with the vision and mission of the first brothers to start Notre Dame.
I know this from personal experience. I was a dean at a college within a large university. The contract was not between the university and I. It was between the university and my community. The university has a duty to the religious community who relinquished the authority and control to them. These obligations are written into the agreement when a university is relinquished to a lay corporation.
I believe we have to be careful not to make Fr. Jenkins the whipping boy for something that was done by a larger group. He is part of this group, but did not act unilaterally. If that had been the case, the Board would have said so by now, in their defense and the defense of their university.
Fraternally,
Br. JR, OSF
