The University of San Francisco USF Scholarship: a digital repository @ Gleeson Library | Geschke Center Doctoral Dissertations Theses, Dissertations, Capstones and Projects 2013 Ownership, Control, Sponsorship, and Trusteeship: Governance Relationships Within Private Catholic Religious-Sponsored Secondary Schools in the United States David Louis Caretti University of San Francisco, [email protected] Follow this and additional works at: https://repository.usfca.edu/diss Part of the Elementary and Middle and Secondary Education Administration Commons, Law Commons, and the Religion Commons Recommended Citation Caretti, David Louis, "Ownership, Control, Sponsorship, and Trusteeship: Governance Relationships Within Private Catholic Religious-Sponsored Secondary Schools in the United States" (2013). Doctoral Dissertations. 83. https://repository.usfca.edu/diss/83 This Dissertation is brought to you for free and open access by the Theses, Dissertations, Capstones and Projects at USF Scholarship: a digital repository @ Gleeson Library | Geschke Center. It has been accepted for inclusion in Doctoral Dissertations by an authorized administrator of USF Scholarship: a digital repository @ Gleeson Library | Geschke Center. For more information, please contact [email protected]. The University of San Francisco OWNERSHIP, CONTROL, SPONSORSHIP, AND TRUSTEESHIP: GOVERNANCE RELATIONSHIPS WITHIN PRIVATE CATHOLIC RELIGIOUS-SPONSORED SECONDARY SCHOOLS IN THE UNITED STATES A Dissertation Presented to The Faculty of the School of Education Leadership Studies Department Catholic Educational Leadership Program In Partial Fulfillment of the Requirements for the Degree Doctor of Education by Brother David L. Caretti, FSC San Francisco December 2013 © 2013 by David L. Caretti All Rights Reserved ii THE UNIVERSITY OF SAN FRANCISCO Dissertation Abstract Ownership, Control, Sponsorship, and Trusteeship: Governance Relationships Within Private Catholic Religious-Sponsored Secondary Schools in the United States The governance of private Catholic religious-sponsored secondary institutions in the United States is wholly unique, for many different influences distinguish these institutions from not only their public counterparts but also other Catholic schools operated by a diocese or parish. In the face of the changes of the post-Vatican II era, including the diminishing numbers of religious brothers, sisters, and priests available to minister within their respective apostolates, religious congregations have employed one particular governance construct, the board of limited-jurisdiction, originally created within the Catholic university and healthcare realms. Thus, while such boards hold the chief role in directing the progress of an individual institution, they are each in a governance relationship to that religious congregation and remain beholden to both Canon and civil law. The purpose of this study was to explore existing governance relationships between religious congregations and boards of limited-jurisdiction, specifically addressing the notions of Ownership, Control, Sponsorship, and Trusteeship. This was accomplished through the employment of focus-group methodology. Six focus groups were conducted by the researcher: three comprised of the leadership of different religious congregations and the other three being trustees from limited-jurisdiction boards related to each of the congregations. The results of this study witnessed that private Catholic religious-sponsored governance has many overlapping realities, which have highly varied definitions and understandings among groups engaged in Catholic governance. Further, the following iii conclusions were surfaced: civil corporation structures have been created or altered while canonical structures have not changed; Ownership is understood in three ways: ownership of property, of institution, and of mission or charism; the level of control held by the congregation differs within each governance relationship; the terms used to describe governance lack cohesive definitions, particularly true of Sponsorship; trustee formation for both religious and lay trustees while important often fails to provide sufficient coverage of Canon law; trustee turnover is a particular challenge; the role of the religious trustee is perceived to be unique, yet has not been formalized; and, civil law has been given precedence over Canon law. This study addressed a particular gap in the literature regarding the governance of Catholic secondary schools. iv This dissertation, written under the direction of the candidate’s dissertation committee and approved by the members of the committee, has been presented to and accepted by the Faculty of the School of Education in partial fulfillment of the requirements for the degree of Doctor of Education. The content and research methodologies presented in this work represent the work of the candidate alone. Brother David L. Caretti, FSC November 21, 2013 Candidate Date Dissertation Committee Dr. Gini Shimabukuro, EdD November 21, 2013 Chairperson Fr. Steve Katsouros, SJ, EdD November 21, 2013 Dr. Dan McPherson, PhD November 21, 2013 v DEDICATION This dissertation is dedicated to THE BROTHERS OF THE CHRISTIAN SCHOOLS OF THE SAN FRANCISCO DISTRICT And also to BROTHER FIDÈLE LINH VAN NGUYEN, FSC 1934 — 2013 “LÃO GIÀ” vi ACKNOWLEDGEMENTS “Your dissertation is NOT where set the world on fire; it’s where you prove that you know how to use flint and steel.” —Sister Sharon McMillan, SNDdeN God’s provident blessings have been most present to me in the example, witness, and accompaniment of many different individuals throughout my doctoral experience. I am an extrovert, as this list can attest, and God shines in my life through those who surround me. Without these people, along with countless others, I would not have been successful. I am grateful to stand on their shoulders. The guidance of my chair, Dr. Gini Shimabukuro, EdD, not only throughout the writing of this study but also through three directed-study courses, has been one of the greatest experiences of mentorship in my life. She balanced, full well, my personal vicissitudes and made the experience engaging and full of growth. I am certain that the Blue Dot Café will never be the same without dissertation discussions punctuated by knitting chatter. I also am grateful for the two other members of my panel, Father Stephen Katsouros, SJ, EdD, and Dr. Dan McPherson, PhD. Father Steve continually encouraged me to think broadly about the value of board governance, and Dr. McPherson’s attention to detail called me to think first of my reader. Further, within the community of the University of San Francisco and the Catholic Educational Leadership program, I must express my gratitude to Brother Raymond Vercruysse, CFC, EdD, my community member, friend, and first doctoral adviser at USF, as well as to Dr. Doreen Jones, EdD. Both of these educators provided needed guidance and encouragement. Dr. Sarah Wannemuehler, EdD, having been my first professor at USF, continually encouraged me to pursue research in the realm of law and governance. Lastly, I am grateful to the Jesuit Community of the University of San Francisco whose zeal for Catholic education has made this program possible not only for me but also for many other CEL students. This experience has provided me with the accompaniment of my fellow students, some of whom I hope will be lifelong companions: Dr. Justin Christensen, EdD, who has challenged me to be a better Brother, educator, and student, as well as Erin Kayser and Heidi Harrison, my peers in the classroom and in our shared Lasallian ministry. My parents have always been my primary educators, in true Catholic fashion. My mother, Roberta Caretti, graciously allowed me to process my thoughts and vent frustrations vii in uncountable, sometimes daily, phone calls. My father, Louis Caretti, and my sister, Kathryn Caretti, both provided legal resources and expertise to both question and shape my conception of civil law. Significantly supporting me in multiple ways was my religious congregation, the De La Salle Christian Brothers of the District of San Francisco. Brother Stanislaus Campbell, FSC, during his term as Brother Visitor first made doctoral studies possible for me by not only allotting me the time, but also through providing the District’s financial support. Brother Donald Johanson, FSC, our current Brother Visitor, allowed me to continue and finish my research with encouragement. Brothers James Joost, FSC, and Thomas Jones, FSC, in their capacity as Auxiliary Visitors have also accompanied me during this experience. The mentorship of Dr. Gery Short, PhD, Director of the Office of Education for the District, has been invaluable since my initial stages, for he has been a partner both in processing and discerning governance, as well as asking questions to always link history and theory with current practice, allowing for critique and influence. The life of a De La Salle Brother is empty without the supports of our Institute, Faith, Apostolate, and Community, and I have been blessed to have all three within my local community at Saint Mary’s College High School. My community of Brothers has been more than fraternally supportive, and my success is due in great part to them. Brother Edmond Larouche, FSC, Director and President, has continually shown great pastoral care and concern for me, and Brother V. Kenneth, FSC, former Director of the community helped me stay on target as to my motivation for studying. Brother Fidèle Nguyen,