Part II

Part II: Dismissal From the Society #

CN PART II CHAPTER 1 #

[33] #

1The provincial, by a faculty habitually communicated by the general, can dismiss novices of his own province.2The provincial can dismiss all members with simple vows, according to the faculty that the superior general, in individual cases, will have communicated to him.3Only the general can dismiss the professed of solemn vows, according to the norms of universal law or our own law.1

CN PART II CHAPTER 2 #

[34] #

Places in the Constitutions2that treat of dismissal because of a lack of health or aptitude are to be understood in this way:3 1If during the time of the novitiate, an illness or a weakness should be discovered of such a nature that the man does not seem to be able to carry on our work, he can be dismissed, while observing the law of charity;3 2However, after first vows and before final vows, no one can be dismissed against his will for causes for which he is not culpable, except only for outstanding ineptitude; nor can anyone be dismissed for poor health, whether physical or psychological, if his infirmity was contracted because of the Society’s negligence or through work performed in it. Apart from this, however, poor health which is other than insanity can constitute a cause for even unwilling dismissal if in the judgment of experts it renders a man unsuited for leading his life in the Society or if it is clear that before vows it was fraudulently concealed or disguised.3

CN PART II CHAPTER 3 #

[35] #

1As to the manner of dismissing formed members with simple vows, besides automatic dismissal provided in universal law,4the Society retains its proper right flowing from the very nature of their vows, observing, however, the principles of natural and canonical equity and the right of the one being dismissed to have suspensive recourse to the Holy See.52In the manner of dismissing the professed of solemn vows, the universal law must be observed.6

CN PART II CHAPTER 4 #

[36] #

The Society is bound by no juridical obligation toward those who are dismissed, in the form of compensation for any work they performed in the Society; nevertheless, superiors should see that equity and charity are fulfilled, by giving them a subsidy insofar as it is needed and the resources of the house or province permit.7

[37] #

Someone who has been dismissed unwillingly, without fault on his part and for no legitimate reason, in such a way that his dismissal is invalid, should be restored to his prior state without having to repeat the novitiate.8

[38] #

One who has been lawfully dismissed from the Society at his own request after completing the novitiate or after first vows, unless the reasons for which he was dismissed still continue,9can be readmitted by the superior general, after hearing the opinion of his council, without the obligation to repeat the novitiate. It is the role of the superior general to determine an appropriate probation prior to pronouncement of the vows of the biennium and the length of time to be spent before final vows.10

  1. See P. II, c. 1, no. 2, C C_2-206, C_2-208; Canon 699, §1; Canon 553. ↩︎

  2. See Examen, c. 7, no. 2 C_0-123; P. II, c. 2, nos. 3, 4, B C 212; 213; 216. ↩︎

  3. See GC 27, CollDecr d. 31; Canon 689, §§2-3; Canon 547, §§2-3. ↩︎

  4. See Canon 69; Canon 497. ↩︎

  5. See FI no. 9; Examen, c. 6, no. 8, A C 119; 120; P. V, c. 4, B C_5-536; Resp. of Commis. for Interp. CIC, June 29, 1918 (ActRSI 2:608); see also ActRSI 13:574-75. Hence there must be grave causes for a dismissal, truly proved, that are known to the superior, and these must be revealed to the member, giving him the opportunity to reply. If recourse is had to the Holy See, the dismissal does not have effect until an answer has been given. ↩︎

  6. See Canon 694-696; Canon 500-503. ↩︎

  7. See CollDecr d. 33 (see GC 7, d. 3); P. II, c. 3, B C_2-224; Canon 70; Canon 503. ↩︎

  8. CollDecr d. 32 ( GC 8, d. 58). ↩︎

  9. See P. II, c. 4, no. 7 C_2-241. ↩︎

  10. See Canon 690, §1; contrary to Canon 493, §2. ↩︎