Catholic Teacher Contract Specifies Banned Practices

By Michael D. Clark
Cincinnati Enquirer
March 7, 2014

http://www.cincinnati.com/story/news/education/2014/03/06/catholic-teacher-contract-specifies-banned-practices/6148399/

Children carry their schools’ banners during the Catholic Schools Week Mass at the Cathedral of St. Peter in Chains Downtown. The Archdiocese has instituted a new employment contract for schools.

Teachers in Cincinnati Archdiocese schools could lose their jobs if they violate a new employment contract that clamps down on their personal lives beyond school walls.

The new contract obtained by The Enquirer has doubled in size and is strikingly different from previous Archdiocese teacher employment agreements.

For the first time, it details prohibited practices such as gay "lifestyles," out-of-wedlock relationships, abortions and fertility methods that go against Catholic teachings.

The contract for the 2014-15 school year explicitly orders teachers to refrain "from any conduct or lifestyle which would reflect discredit on or cause scandal to the school or be in contradiction to Catholic doctrine or morals." It goes so far as to ban public support of the practices.

Principals in the 94 Archdiocese-supervised schools in Southwest and Central Ohio began receiving the new employment agreements Thursday. More than 2,200 Greater Cincinnati parochial teachers will be affected by the new contract, the Archdiocese estimates.

High-profile teacher lawsuits and controversies at Greater Cincinnati area Catholic schools in recent years have, at least in part, led to the larger, more detailed contract, Archdiocese officials said.

Under the new contract, teachers are expressly prohibited from: "improper use of social media/communication, public support of or publicly living together outside of marriage; public support of or sexual activity out of wedlock; public support of/or homosexual lifestyle; public support of/or use of abortion; public support of/or use of a surrogate mother; public support or use of in vitro fertilization or artificial insemination."

Tom Miele, president of the pastoral council for the St. Monica-St. George Catholic Church in Clifton Heights, questioned the restrictions on personal behavior and freedom of expression.

"It seems awfully intrusive and it all seems unfair," said the Covedale resident and father of three graduates from Archdiocesen schools.

"Some of the things they put on that list are not a reflection of what has happened in our society. It's more about protecting their schools from a lawsuit," said Miele. "You have to believe it is all about the Archdiocese's reactions to (legal) cases."

The contractual language is a first because it brings more specificity to the individual teacher employment agreement and what practices will cost teachers their jobs.

And it further focuses on the Archdiocese's established philosophies and the importance of adhering to Catholic teachings, Archdiocese spokesman Dan Andriacco said.

"There aren't any new expectations of our teachers in the 2014-2015 contract. The revised wording is just more explicit in that it lists examples of behaviors that are unacceptable as contrary to church teaching," Andriacco said. "We think that's fairer to the teachers and a help to them.

"We've always regarded our schools as a ministry. That's why we open the doors in the morning. Not all of our students are Catholic and not all of our teachers are Catholic, but all of our schools are Catholic. And we found out from listening sessions around the Archdiocese two years ago – when we developed our Vision for Catholic Schools – that Catholic identity is very important to our Catholic school families," Andriacco said.

"We regard all of our teachers – not just religion teachers – as ministerial employees, even if they are not Catholic," he said. "Our contract for many years has reflected that by including a moral conduct clause. Last year we made that clause more explicit by mentioning the Catechism of the Catholic Church, and this year we've added examples of unacceptable behaviors."

Officials with the Diocese of Covington Schools in Northern Kentucky were not available Thursday to comment.

The Cincinnati Archdiocese is following the lead of other Catholic school systems around the nation "in re-evaluating their contracts" in this way,"Andriacco said.

Carolyn Jurkowitz, executive director of the Catholic Conference of Ohio, agreed, saying Cincinnati's new contract is not unique among Ohio's nine archdioceses.

More restrictive employment contracts are necessary, she said, "to assure that expectations are clear, church employers review policies and contractual language on a periodic basis. Recent court cases do not lessen the importance of this practice."

Most of the teachers in the Cincinnati Archdiocese's 19-county school system have not yet seen the new contract, which also covers local ministers. Deadlines for teachers to sign the new contract are set by their school employers, but in general the contracts are required to be signed by the end of the current school year.

Rich Leonardi supports the new contract.

"The Archdiocese is right to be focused on that. We need to establish some parameters. Denying or muddying those things leads to scandal," said the Hyde Park resident and Catholic school parent, who has two children in Archdiocese schools.

"Parents send their children to Catholic schools to be educated in the faith. You can get a secularized education anywhere.

"And given the amount of embarrassment and scandal … I think it's a good idea," he said.

Before and after: New restrictions in teacher contract

The 2013-14 teacher employment contract for the Cincinnati Archdiocese has provisions on personal behavior, but not as detailed as the one teachers will be required to sign for the 2014-15 school year. Teachers must also initial some of the provisions as well as sign the contract agreement.

The current, three-page contract includes a provision that states in part that teachers: "understand and fulfill his/her duties as a Ministerial employee of the School/Educational Office and serve as a Catholic role model, inside and outside of the classroom, regardless of his/her personal beliefs or other religious affiliation; comply with and act consistently in accordance with the stated philosophy and teachings of the Roman Catholic Church ... which include certain proscriptions on personal behavior not adhering to the teachings of the Roman Catholic Church that could be detrimental to the Employee's ability to serve as a Catholic role model; comply with the policies and directives of the School/Educational Office and the Archdiocese, including without limitation the Archdiocese's "Ethics and Conduct Policy."

The new six-page contract states in part that teachers:"agree to exemplify Catholic principles 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 doctrine or morals."

"Such conduct or lifestyle that is in contradiction to Catholic doctrine or morals includes, but is not limited to, improper use of social media/communication, public support of or publicly living together outside marriage, public support of or sexual activity out of wedlock, public support of or homosexual lifestyle, public support of or use of abortion, public support of or use of a surrogate mother, public support of or use of in vitro fertilization or artificial insemination, public membership in organizations whose mission and message are incompatible with Catholic doctrine or morals, and/or flagrant deceit or dishonesty.

In another provision, teachers can be fired if they engage in "any action or involvement by the (teacher) during work or personal time that may cause public embarrassment or discredit the School in any way."

Recent Archdiocese firings, suspensions, dismissals for clashing with church teaching

In 2009 a nun was suspended by the Archdiocese for publicly supporting the ordination of women priests.

Later that year a volunteer religion education teacher was dismissed after her letter to The Enquirer in support of the suspended nun was published.

In 2010 the Cincinnati Archdiocese fired an unmarried teacher who became pregnant by artificial insemination. A federal court ruled in 2013 in her favor, ordering the Archdiocese to pay her $171,000 for her improper firing.

In 2013, an assistant principal at Purcell Marian High School was fired for writing on his public blog his support of gay marriage.

Contact: mclark@enquirer.com