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    2015-2016 contract

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    3K views15 pages

    Archdiocese Contract

    Uploaded by

    CincinnatiEnquirer
    2015-2016 contract

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    of 15
    2015-2016 Teacher-Minister Contract “Q&A” Please note that some of the questions below were taken verbatim from inquiries we received. The views expressed in these questions and the language used are not the views or language of the authors of this Q & A document. We also want to stress that, while we are attempting to provide guidance on questions that have been submitted to us, the following points should be emphasized: (1) We have no interest in looking for violations of the contract, but we will investigate issues that are brought to our attention. (2) Each situation that comes to our attention will be analyzed on a case-by-case basis. {3) A response to a violation of the contract could range from no action at all to discipline up to and including termination of employment, depending on the circumstances. (4) Termination of the contract and employment is generally reserved for only the most egregious conduct antithetical to the contract and/or only after other remedial/disciplinary measures short of termination have been unsuccessful. 1. A minister is an ordained person with special training, How can a math teacher be considered a minister? ‘A. tna Catholic School, all teachers are ministers of our faith regardless of whether or not they teach religion. Although teachers are not ministers in the same way as an ordained priest or deacon, they do play a unique and important role in the ministry of the Church. All teachers are involved (or should ba) in school Masses, leading classes in prayer, the celebration of sacraments and feast days, etc. ‘Adding the word Minister to their job title was done consciously and deliberately. The language in this, contract, in conjunction with the Catholic Morality Training, is designed to make it clear that our teachers are “ministers” and to articulate the ministerial role teachers play in passing on the Catholic faith to our students. A teacher's ability to influence a child and witness Christ to them is second only, perhaps, to the influence of that child’s parents. 2, How does the Archdiocese define “advocacy”? A. The term “advocacy” is defined in Paragraph 4 of the Teacher-Minister Contract as “presenting or promoting as acceptable” conduct, lifestyle, positions, etc. in contradiction to Catholic teaching. By signing this contract, our teachers agree to publicly act, speak and teach in ways that support Catholic ‘moral and doctrinal teachings. We interpret the term “advocacy” as defined in the contract to mean publicly and actively promoting behavior in contrast to Catholic moral teachings. Thus, the type of behavior that this contract attempts to address would include, for example, the use of media of any kind {social or otherwise) or use of the classroom to promote a viewpoint in violation of Catholic teachings. The term “advocacy” does not mean offering a compassionate response to a family member or friend nr nme 1/15/15 Page 1 who is involved in an event or life circumstance that is in contrast to Catholic moral teachings, such as, for example, your attendance at a same-sex wedding or ceremony (or a heterosexual wedding or ceremony outside of the Catholic Church) of a family member or friend. Nor does the term “advocacy” encompass your care for and compassion for a student who may be struggling with a circumstance that is in contrast to Catholic moral teachings. In short, the Teacher-Minister Contract will not require you to ‘cast aside loved family members and/or the students you interact with and mentor as part of your ministry. 3, Will parents who support their children who live a lifestyle contrary to the Church be in violation of the contract? ‘A. Itwould depend on the level and nature of support and whether that support rises to the level of “advocacy” as defined in the contract. If thelr support is on a purely personal, non-public level, then no, they would not be in violation of the contract. See response to Question #2 above. 4, Will Catholic teachers married outside of the Catholic Church be asked to get married in the Church or be terminated? ‘A. While the response to each situation is dependent on the particular facts, the general answer is no, they will not be asked to get married in the Church nor will their employment be terminated. However, ifa teacher publicly advocates a position on marriage that is contrary to Catholic teachings, such conduct may serve as grounds for disciplinary action, depending on the circumstances. 5, Are we not allowed to address current issues in a current issues class? How do we handle the issue and a student who states they support that issue if itis against Catholic teaching? ‘A. Yes, you can address current issues in a current issues class. A student making a statement in ‘support of an issue that goes against Catholic teaching is not relevant to the Teacher-Minister Contract or the Teacher-Minister’s employment. 6. How do we handle a situation where a student comes to us and says they are gay or were a child born through in vitro fertilization, etc.? What if that child is being made fun of for their parents’ decisions? Can we support that child? ‘A. Yes, we will support that child in all of these scenarios. 7. Why do staff members not have to sign this contract? Why is this only for teachers? A. Staff members are “at will” employees who are expected to adhere to the moral and ethical teachings of the Church. Additionally, staff members serve a different role in the school; one that does not have the standing and authority of a teacher, particularly as it relates to students of the school. 8, What is the goal of this contract? How should we explain it to people when they ask? ‘A. The goalis to make explicit what has always been required. In relation to the morality clause, this contract is different from former contracts only in its clarity. By spelling out the expectations that have always been present in the contract, we believe itis better for all parties involved. ——— ae Y/is/15 Page 2 ‘9, Who is responsible for enforcing the terms of this contract? A. The hiring agent (ie., Pastor, President, Board, etc.). 10, What is the mechanism for investigating a violation? A. Itwould start with the hiring agent who would work in conjunction with the Principal, the Catholic Schools Office and the Archdiocese Department of Human Resources. 11, Our school allows our teachers to privately tutor in the school building outside of regular school hours. This is a wonderful, convenient benefit for both parents and children. Are we no longer allowed to do this? ‘A. Because the school potentially violates IRS rules when it allows Teacher-Ministers to earn additional, taxable income on property that is owned and operated by a tax-exempt entity (ie., the parish), this practice can no longer continue. In essence, the Parish’s tax-exempt status is put at risk by allowing a Teacher-Minister to run a taxable side-business on its grounds. However, ifthe school sponsors a formal tutoring program where it makes available to all children those Teacher-Ministers who want to work extra hours and who are paid through the. school/parish payroll, this would be fine. The parents, instead of paying the Teacher-Minister directly, ‘would pay the school. Again, this would have to be a formal, regularly scheduled tutoring program sponsored by the school. 12, \s there an employee appeals pracess for “causa” termination? A. Yes, this can be found in Paragraph #21, Item Vil. The appeats or grievance processes available to the teacher should be reviewed with the teacher and referenced in the local Teacher/Staff Policy Manual. 13. What if | have a roommate with whom I do not have a romantic relationship? We live together because it is financially advantageous for us. Am tin vialation of the contract? ‘A. No. This situation is not in contrast to the Catechism or Catholic moral teaching. 14, What do | tell people who ask me why the church says it will accept homosexuals, but not homosexual behavior? A. You can refer them to the Catechism of the Catholic Church, which is incorporated by reference into the Teacher-Minister Contract and which is available to the public via numerous venues, including online. ee 1is/1s Page3 Contract Year 2015-2016 ‘TEACHER-MINISTER CONTRACT This contract is made this_ day of, 20___, in the city of State of Ohio between, hereinafter called School, and hereinafter called Teacher-Minister. This contract is between the Teacher-Minister and the School, and not the Roman Catholic Archdiocese of Cincinnati nor the Archbishop of the Roman Catholic Archdiocese of Cincinnati. Teacher-Minister, being willing to be employed by School, and School being willing to employ Teacher- Minister on the terms and conditions set forth herein, itis agreed as follows: 1. School does hereby employ Teacher-Minister in School for the 20__/ 20__ school year, pursuant to this contract, from the _day of 20__ tothe __day of. 20__. 2. The full school year shail consist of, days which includes @ minimum of hours of actual instruction plus School, and shall end on or before__20_. Teacher-Minister agrees and understands that upon execution of this contract, he/she is obligated to perform these services during the entire period of the contract indicated above. 3. Teacher-Minister shall diligently and competently perform any and all specific and/or general educational/administrative services as may be designated, orally or in writing by the School, 4, Teacher-Minister agrees to comply with all policies, handbooks, rules and regulations of the School and of the Archdiocese of Cincinnati. Teacher-Minister also agrees to exemplify Catholic principles in ‘a manner consistent with Teacher-Minister’s relationship with the Catholic Church 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 social doctrine or morals. While not meaning to infer that Teacher-Minister is involved in such conduct or lifestyle, by way of example, such conduct or lifestyle that is in contradiction to Catholic social doctrine or morals includes, but is not limited to: cohabitation outside marriage; sexual activity out of wedlock; same-sex sexual activity; use of abortion; use of a surrogate mother; use of in vitro fertilization or artificial insemination; advocacy (defined as presenting or promoting as acceptable) for conduct, lifestyle, positions, policies, programs, causes or movements in contradiction to Catholic social doctrine or morals; and/or flagrant deceit or dishonesty. Teacher- Minister further agrees to teach and act consistently in accordance with the mission statement of the School and to strive to aid in the formation of students by personal witness so far as conscience allows to the stated philosophy and teachings of the Roman Catholic Church (these can be found in the Catechism of the Catholic Church http://www.vatican.va/archive/ENGO015/ INDEX.HTM, which is incorporated herein by reference). 5. The School immediately may terminate the Teacher-Minister's employment upon any breach of this contract by the Teacher-Minister or upon the closing of the School for any reason. This contract also workdays and days of professional development as stipulated by the shall automatically terminate upon Teacher-Minister’s death. Further, the School may terminate this contract at any time for cause, the determination of which shall be within the sole discretion of the Principal-Mi include but not be limited to the following: a) Inability to carry out duties to the sa Parochial Administrator or President of the School, unsatisfactory performance, page 1 of 6 pages anwary 15, 2015, fer and the Pastor, Parachial Administrator or President of the School, and shail faction of the Principal-Minister and the Pastor, in Contract Year 2015-2016 insubordination, conduct unbecoming a Teacher-Minister, inability to maintain discipline of students assigned to his/her class, frequent absenteeism, departing at times other than those stipulated by the School, intemperance, inability to deal amicably with staff, students or parents, conviction of a felony, negligence of duties, or non-professional behavior. b) Any personal conduct or lifestyle that would be in variance with or contrary to the policies of the Archdiocese of Cincinnati and/or the moral or religious teachings of the Catholic Church, including but not limited to those contained in paragraph 4 above. )_ Amisrepresentation on Teacher-Minister’s application or credentials. In the event of termi of this contract for cause, a period of notice is not required. Remuneration shall be pald to Teacher-Minister for services up to the date of termination. No demand may be made for remuneration after this contract is terminated by either party. Teacher-Minister agrees to give the School sixty (60) days’ written notice in advance of any resignation or other employment separation request which would terminate this contract. Teacher- Minister understands and agrees that in the event Teacher-Minister terminates this contract without providing the School sixty (60) days’ written notice in advance and/or without the prior written consent of the School, the Teacher-Minister will be personally liable for any damages, including the cost of a replacement, incurred by the School as a result of the Teacher-Minister's breach of this contract. The School may: (a) release the Teacher-Minister on the date requested; or (b) release the ‘Teacher-Minister on a date prior to or subsequent to the requested date. Should the requested termination be accepted, the Teacher-Minister will be released from the contract on the date specified by the School and the contracted salary shall terminate on that date, In the event of the absence of Teacher-Minister due to personal illness, the Schoo! shall pay for _ day(s) of such absence for each month of service completed. Unused sick leave may be accumulated up to a maximum of, days during Teacher-Minister’s total term of employment in the School. It is agreed by the parties that as of Teacher-Minister has accumulated and is given credit for a total of ‘days of unused sick leave (if necessary, the parties may update the number of sick days available to Teacher-Minister in an addendum to this contract). Unused sick days will not be paid upon termination of employment. If Teacher-Minister uses all accumulated sick leave, including FMLA leave, and is then unable, with or without reasonable accommodation, if applicable, to perform all essential duties of the position, the School shall have the option to terminate this contract. The School shall exercise the option by giving written notice to Teacher-Minister stating the School's choice to terminate this contract. Teacher-Minister has __ years of credited Archdiocesan teaching experience. Teacher-Minister shall be compensated for services on the following basis: (a) Base Salary $, {b) Coaching Fees $, {c) Other Fees/Stipends $, Annualized Total Gross Compensation Paid to Teacher-Minister: $ tobe paid from the __day of, 20__ tothe __day of 20. ‘Teacher-Minister will be paid (check one):__ Weekly. eekly, ‘Semi-Monthly ‘Total Gross Compensation P: to Teacher-Minister Per Pay Periods: $ page 2 of 6 pages ‘January 15, 2015 10. 1 2. 1B. 14. 16. Contract Year 2015-2016 ‘School shall provide voluntary health insurance to Teacher-Minister if Teacher-Minister works the required number of hours. The School's benefits administrator should be consulted for details. Coverage is for twelve (12) months unless Teacher-Minister’s services are terminated earlier, in which case coverage will end at the time of the termination of services. This contract represents the entire contract between Teacher-Minister and the School. The contract supersedes all prior contracts, understandings, negotiations and discussions, written or oral, and may only be modified by a separate written document signed by the Teacher-Minister, the Principal- Minister, and the Pastor, Parochial Administrator or President. ‘Teacher-Minister shall have no right or authority to bind or otherwise legally commit the Archbishop of Cincinnati, the Archdiocese of Cincinnati, the Catholic Schools Office, or the School on any contract, promise, or other commitment, whether oral or written. This contract is not automatically renewed. The Teacher-Minister has no right to, or promise of, a contract exceeding the school year. This contract shall automatically expire on. eae without any further action or notice required by either party. Any subsequent employment of the Teacher-Minister for the following school year shall be conditioned upon the execution of, and subject to the terms and conditions of, a new written contract executed by the parties hereto. Teacher-Minister shall confirm his/her desire to continue performing employment services at the ‘School or to remove him/herself from further employment consideration by delivering his/her letter of intent to the School on or before . If the Schoo! receives a letter of intent that idicates Teacher-Minister's desire to continue employment, the School will serve notice to Teacher- Minister, in a letter dated on or before as to its intent whether to offer a contract to Teacher-Minister for the following school year. This contract does not become effective unless sufficient enrollment of students at the School is secured, as determined by the Principal-Minister, and the Pastor, Parochial Adi President in their sole discretion. ‘This contract is not valid unless itis signed by the Teacher-Minister, Principal-Minister and the Pastor, Parochial Administrator or President. . Teacher-Minister acknowledges and agrees that, if Teacher-Minister decides of his/her own accord to tutor students of the School in exchange for compensation, Teacher-Minister shall: (1) refrain from using School premises for such tutoring; (2) comply with the Decree on Child Protection in all respects with regard to such tutoring; and (3) file with the school a Conflict of Interest statement with regard to such tutoring. Teacher-Minister further acknowledges and agrees that, at no time during such tutoring, is Teacher-Mini 2a, nor should Teacher-Minister be construed as, an employee or agent of the School or of the Archdiocese of Cincinnati. Teacher-Minister certifies that he/she shall possess, by a date to be determined by the ‘School/Superintendent, and maintain, a valid Ohio Department of Education certificate/license for the position held as ; and develop and implement an Individual Professional Development Plan according to Ohio Department of Education guidelines. License # Kind Type Exp. Date page 3 of 6 pages January 15, 2015 Contract Year 2015-2016 17. Teacher-Minister certifies that he/she has complied with the Ohio criminal records check. Yes__ Date ‘Teacher Minister certifies that he/she has complied with the FBI criminal records check. Yes___Date ‘Teacher-Minister certifies that he/she has submitted to a Selection.com background check. Yes___ Date Teacher-Minister understands that if a criminal records check reveals that he/she has been convicted ‘of an offense described in OAC Section 3301-20-01, his/her employment under this contract will immediately terminate. 18, Teacher-Minister certifies that he/she has completed and is current with the VIRTUS "Protecting Our Children’ Training and will maintain monthly bulletin readings on the VIRTUS site. Yes___Date If not completed, Teacher-Minister certifies that he/she will complete the VIRTUS "Protecting Our Children’ Training by the first day of working with children. 19, Teacher-Minister certifies that he/she will complete any and all orientation and/or training programs required by the School and/or the Archdiacese of Cincinnati. 20. Regarding the teaching of Religion, one of the following (20a or 20b) will apply to Teacher-Minister: 20a. For those teaching in a Catholic Elementary School: If the Elementary Teacher-Minister teaches a Religion class as part of his/her school teaching assignment, he/she must be in communion with the Catholic Church and must also complete the following: Basic Catechist Certification. This certification (as explained in the Religious Education Policies of the Archdiocese) must be completed within three years from the first date of hire in a school in the Archdiocese of Cincinnati: Has completed: _ Date of expiration: Has not completed: If not completed: Teacher-Minister was hired on. ‘and is in year __ of three (3) years to complete the certification. General and Advanced Catechist Certification. Once Basic Catechist Certification has been earned, the ‘Teacher-Minister must complete General Catechist Certification within three years. After completing General Catechist Certification, the Teacher-Minister must complete Advanced Catechist Certification within three years. I the Teacher-Minister does not teach Religion, he/she must complete an Archdiocesan approved in- service on the role of the Teacher-Minister in the Catholic School. ‘20b. For those teaching in a Catholic High School: If the Teacher-Minister teaches Religion in a high school, he/she must be in communion with the page 4 of 6 pages: auary 15,2015 Contract Year 2015-2016 Catholic Church and must also complete each of the following: A bachelor’s degree with a major in Catholic theology, religious education, or religious studies; a course in adolescent developmental psychology AND one accredited course in secondary teaching methods; one quarter of student teaching. (For further information see the “Guidelines for Catholic High Schoo! Religion Teacher Certification”) Has completed: Date of expiration: Has not completed: ‘After five years Archdiocesan certification must be renewed. To renew religion teacher certification, all teachers: ‘+ Must earn three college semester hours, or must audit three semester hours, or must complete nine CEUs in theology, religious education or religious studies. + Attend one religion in-service program per year. ‘Teachers who have earned a master’s in theology, religious education or religious studies may apply for Permanent Certification after having taught for ten years. If the Teacher-Minister does not teach Religion, he/she must complete an Archdiocesan approved in- service on the role of the Teacher-Minister in the Catholic School. 21, The Teacher-Minister acknowledges and agrees to each of the following Affirmations for Working in ‘a Catholic School by placing his/her initials on the line in front of each affirmation. | acknowledge and agree that the work of the Catholic Church, its agencies and institutions, has characteristics that make it different from the work of other agencies and institutions. sce | acknowledge and agree that with others | share the common purpose of working diligently to maintain and strengthen the Catholic Church and its members. By word ‘and example | will reflect all the religious values of the Catholic Church, tt. | acknowledge and agree that as the Teacher-Minister | play a substantial role in conveying the Catholic Church's message and carrying out its mission. | believe my ministry embraces a five-fold purpose: + toteach and convey the tenets of the Catholic faith * to build and live Catholic Christian community + tointegrate learning with faith + toinstill a sense of Christ's mission, care for others, and service ‘+ todraw the school community into worship | acknowledge and agree that open communication forms the operational basis of our work together in the Catholic Church, as each offers his/her gift of ministry under pastoral direction. v. acknowledge and agree that mutual trust should be offered and expected. page 5 of 6 pages sdanuary 18,2015 M. Mil vin. Contract Year 2015-2016 acknowledge and agree that | am more than a professional: + My involvement in the Catholic Church community distinguishes me as a minister in ‘a faith community, even though it may not be my own ‘+ My involvement goes beyond standard educational concerns to involvement with the formation of the total person, especially with the spiritual formation 1 acknowledge and agree that | am accountable to others and they are to me. Therefore, we should show support, concem and consideration for each other. | further acknowledge and agree that | have problem solving andor grievance processes at my disposal through the School or through the Archdiocese of Cincinnati, or through both ‘the School and the Archdiocese of Cincinnati. | acknowledge and agree to act and speak in a way that supports the Catholic Church and its teachings, | understand that serious actions contrary to the Church's teachings (including but not limited to those identified above in Paragraph 4) may constitute grounds for termination of this contract. By signing below, | acknowledge that | have read and understand this contract in its entirety. 1 understand that any violation of any section of this contract may result in discipline, up to and including termination of this contract and employment immediately. Remuneration shall be paid to Teacher-Minister for services up to the date of termination. No demand may be made for remuneration after this contract is terminated by either party. Dated at Ohio, this day of 20, Name of School Pastor/Parochial Administrator/President Principal-Minister Teacher-Minister A copy of the Contract is to be given to the employee. A copy of the Contract is to be kept in the employee's file at the School. page 6 of 6 pages Sanary 15, 2015 | Contract Year 2015-2016. ‘TEACHER-MINISTER CONTRACT This contracts made this day of. 20__ inthe city of, State of Ohio between, hereinafter called Schoo), and. hereinafter ‘led Teacher Minister. This contract I between the Teacher-Minstr and the School, and not the Roman Catholic Arediocese of Cincinnati nor the Archbishop of the Reman Catholic Archdiacese of Cincinnati. Teacher-Minister, being willing to be eraplayed by School, and Schoo! being willing to employ Teacher- Minster on the terms and conditions st forth herein, itis agreed as fellow! 11. School does hereby employ Teacher-Minstr In Schoo forthe 20_/ 20_ school year, pursuant to this contract, from the __40y of, 20__tothe __day of _____ 20, 2 The full school year shall consist of ays which includes 2 minimum of __ hours of ‘ctual instruction plus ___workdaye and days of profesional davelopment as stipulated by the ‘Schoo, and shall end a8 or Before 20____ TeacheeMinlter agres and understands ‘that upton execution ofthis contrac, he/she le abligaed to perform these services during the entice period ofthe contract indicated above. 3. TeachersMinister shall diigendy and competently perform any and all specie and/or general ‘educational/administrative services as may be designated, orally ori writing by the School. “Teacher Miniter agrees to comply with al polices, handbooks, ules and regulations ofthe School ‘and of the Arehdlocare of Cincinnat. Teacher-Ministr also agres to exemplify Catholic principles i9 ‘2 manner consistant with Teacher-Minste’s relationship withthe Catholic Church and to cefrain ftom any conduct or lifestyle which would reflect discredit on or cause scandel to the School or be in |

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