> [[22-statutes-8-community-life|← Previous]] | [[00-lege-index|Index]] | [[24-statutes-10-community-size|Next →]] --- # Section Ix: Dismissals Numbers 1-5 apply to definitively professed members. 1)        "The local Council has the authority to dismiss a member of the community, should this be necessary, after consulting the Provincial" [Art. 47e]. Dismissal from the community is dismissal from the Order. Dismissal releases the person from the Promise. ^ocds-s-IX-1 2)          Dismissal is to be a last resort. The local Council shall first attempt to resolve the situation. In the event that it cannot be resolved at the local level, the Council shall consult with the Provincial Delegate. The local Council must consult with the Provincial Delegate before beginning the process of dismissal. ^ocds-s-IX-2 3)         From the OCDS Constitutions Article 24e: In order to dismiss a member for the reasons set out in the Code of Canon Law (public rejection of the Catholic faith, abandonment of ecclesiastical communion, being under imposed or declared excommunication) or for such other reasons as are given in the Provincial Statutes [cf. IX.4, below], the Community Council shall observe the following procedure: ^ocds-s-IX-3 •       verify with certainty the facts •       warn the member verbally before two witnesses, if possible, and in writing •       allow a reasonable time for repentance If there is no change, it is permitted, after consulting the Provincial, to proceed with the dismissal. In all cases, the member retains the right to appeal to the competent ecclesiastical authority. The two witnesses would be members of the local Council and/or the Spiritual Assistant. The competent ecclesiastical authority for appeal is the Provincial. Further appeal may be made to the Superior General. Any other reason for dismissal, beyond those explicitly mentioned in Canon Law, must be grave, observable, imputable to the person, and sufficiently proven. Dismissal is not a way to deal with disagreeable members or personality clashes. Neither is dismissal a way to correct the faults of members. The Council may not dismiss a member without the concurrence of the Provincial. The Council may never dismiss a member without giving ample opportunity for explanation and response. 4)         Other grounds that can lead to dismissal include: ^ocds-s-IX-4 •       threatening behavior toward other members •       behavior causing grave emotional and/or spiritual harm to other members •       persistent disruptive behavior which negatively affects the wellbeing and harmony of the community •       persistent absenteeism, without the approval of the local Council [Sec VIII.3] •       persistent refusal to pay dues, when financially able to do so •       subsequent discovery of deception when applying to be admitted to the Order regarding anything that would have prevented admission, whether intentional or not •       behavior that in any way disgraces the Order 5)        A member may not be dismissed without first being warned. Dismissal may be made via certified mail if the member refuses to communicate with the Council. ^ocds-s-IX-5 Numbers 6-9 apply to members who have made First Promise and are in Formation II. 6)         It is assumed that the local Council has regular periodic reviews with all members, especially those in formation for the Definitive Promise, to assess how they are doing and to address any issues. It is further assumed that the Council deals with problem behaviors promptly and frankly. No member should be dismissed without prior discussion with the Council and adequate opportunity to amend. ^ocds-s-IX-6 7)         If, after reasonable time, the local Council concludes that a release from the Promise is in the best interests of the community and/or the member, the following steps are followed. ^ocds-s-IX-7 a)          The Council meets with the member to explain why the Council believes that the member is not suited to the vocation. b)          The Council asks the member to formally request release from the Promise. c)           The Council accepts the request, and the person is thereby released. d)          The person's permanent record is updated and a copy sent to the Central Office. 8)        If the member refuses to meet with the Council and/or voluntarily request release from the Promise, the local Council has the authority to dismiss the member. No special permission is needed. Upon notification by the Council, the person is released from the Promise, the community, and the Order. The Council updates the person's permanent record and sends a copy to the Central Office. ^ocds-s-IX-8 9)        The person has the right to appeal to the Provincial. The Council should be aware that if proper procedure was not followed, the Provincial may overturn the dismissal. This would not prevent the Council from discerning not to admit to the Definitive Promise when the time comes. ^ocds-s-IX-9 --- > [[22-statutes-8-community-life|← Previous]] | [[00-lege-index|Index]] | [[24-statutes-10-community-size|Next →]]