SECTION I. ON THE NAME, THE OBJECTIVE, THE PATRIMONY and THE LEGAL RESIDENCE OF THE INSTITUTION
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1 SECTION I ON THE NAME, THE OBJECTIVE, THE PATRIMONY and THE LEGAL RESIDENCE OF THE INSTITUTION Art. 1: Contained in these Statutes are the regulations established as statutory rules for the Corporación Universidad Católica de Chile. Art. 2: The name of the Corporation is: "Pontificia Universidad Católica de Chile". Pontificia Universidad Católica de Chile is a Corporation of Public Law, an Institution of Higher Education, founded by a Santiago Bishopric Decree issued by Iltmo. Sr. D. Mariano Casanova, on June 21st 1888, and canonically erected by a Decree issued by Sagrada Congregación de Seminarios y Universidades on February 11 th, The University is a participant of the public law legal capacity of the Catholic Church and is a juridical person of public law, in conformity with the Chilean legislation. The Holy See exerts high sponsorship on the mission of Pontificia Universidad Católica de Chile, and guarantees its legitimate independence within the Church. Art. 3: Pontificia Universidad Católica de Chile has been founded by the Church and remains, by virtue of the efforts of Pastors and laymen, as one of the various forms with which it fulfils its mission of announcing the Gospel to all men and in all environments. The University avows, therefore, an active and diligent fidelity to the magistrate of the Pastors of the Church and, in particular, that of the Roman Pontiff.
2 The Declaración de Principios de la Pontificia Universidad Católica de Chile, approved by the Holy See on October 4th, 1979, is wholly contained in these Statutory Rules. Art. 4: The fundamental mission of the "Pontificia Universidad Católica de Chile" is to foster the cultivation of the science, of the art and of other manifestations of the spirit, as well as the training of higher level professionals through teaching, research, creation and communication, acknowledging as its own the guiding and normative contribution of the catholic faith in all activities, and duly respecting, at the same time, the legitimate independence of the different areas of knowledge. Art. 5: The Patrimony of the Pontificia Universidad Católica de Chile is to be formed by the assets of its domain, purchased at any title deed. Art. 6: The legal residence of Pontificia Universidad Católica de Chile is, to all effects, the city of Santiago de Chile; the University has the capacity to carry out its activities in this city as well as in other places. SECTION II ON THE ACADEMIC ACTIVITY Art. 7: Pontificia Universidad Católica de Chile is an institution endowed with independence and academic freedom.
3 Art. 8: The university independence consists of the right to decide by itself, in conformity with its Statutes and Regulations, all matters pertaining to the fulfilment of its role. This independence is academic, economic and administrative. By virtue of its academic independence, the University decides on its own, through its pertinent bodies, the way in which the teaching, research and training functions are to be fulfilled, and stipulates study syllabi and curricula. By virtue of its economic independence, the University makes free use of its resources to fulfil the objectives that it sets for itself. By virtue of its administrative independence, the University freely organizes its operational functioning. Art. 9: The members of the Pontificia Universidad Católica de Chile enjoy academic independence in conformity with the Declaraciòn de Principios of the University; this independence entails the possibility of analysing any current of thought providing this analysis with an objective and reasoned appreciation, setting forth its negative and positive aspects, and clearly stating the thought of the Church in relation to such forms of thought or currents of ideas. Art. 10: Academic freedom and independence do not entitle the University as such, nor any of its members, to perform, foster or shield such acts as those that conflict with the juridical order; neither the University nor any of its members are entitled to carry out activities geared towards direct or indirect political indoctrination within university premises.
4 University premises shall not be intended for or used to carry out actions geared towards the propagation of activities that disrupt university work and that go against the principles of the Church or those of the University. SECTION III ON THE MEMBERS OF THE UNIVERSITY Art. 11: Higher authorities, academics and students are members of the Pontificia Universidad Católica de Chile. Members are held responsible for the University, in accordance with their objective capacity to contribute to the orderly and efficacious development of university life. Administrative staff are also part of the University; they contribute to a better development of the University. Rules issued by the University Senate shall lay down the conditions of incorporation and departure, the categories and, in general, the rights and duties that correspond to the academics, the students and the administrative staff of the University. SECTION IV ON THE ACADEMIC STRUCTURE OF THE UNIVERSITY Art. 12: The Pontificia Universidad Catòlica de Chile complies with the academic duties that are its own, exclusively through the Faculties which are structured in such a
5 way that in each particular case, they can establish their own Statutes; the administrative management of each Faculty should have a unitary character. Notwithstanding the foregoing, the University Senate can authorise the existence of academic units which are not part of any Faculty, by means of an agreement reached by the quorum thus established in the first part of article 27. The activities carried out by the University outside the Regiòn Metropolitana or through Annexed Institutes, will have the structure and will be ruled by the regulations determined by the University Senate. Art. 13: It is the primary responsibility of the Faculty of Theology of the Pontificia Universidad Catòlica de Chile to prepare its students for priesthood, for the teaching of the Sacred Sciences and for the carrying out of the most important positions within the ministry. It is also its due to foster research on the Sacred Revelation and on the dialogue with those Christians who do not yet fully commune with the Catholic Church and with those who are non-christian; it is as well its duty to seek valid answers for the problems that emerge with the progress of science and which are related with the faith. The Faculty of Theology is ruled by its own Statutes which have been approved by the Holy See. Art. 14: The highest authority of each Faculty is exerted the Dean whose functions and power shall be determined by the Faculty Statutes and by the University Regulations. Art. 15: To be appointed, a Dean needs to be catholic and in full communion with the Church; he needs neither to be affected by the canonical chastisement described in canon 2241, nor be in any of the situations defined in canon 2293 of the Canonical Law.
6 The requisite of being Catholic may be dispensed, in particular cases, by the Grand Chancellor. In any case, the appointment of the Deans requires prior approval of the Grand Chancellor. Art. 16: Deans shall be appointed in the manner determined by the Statutes of each Faculty. There shall be no discrimination regarding the right of the academics to participate in the process leading to the appointment based on working hours, type of contract or any reason other than those of the different academic categories. * Students and administrative staff are not entitled to participate in this process. SECTION V ON THE HIGHER AUTHORITIES OF THE UNIVERSITY Art. 17: The higher authorities of the University are: 1) The Grand Chancellor; 2) The University Senate; 3) The Chancellor; 4) The Pro Chancellor; 5) The Secretary General; and 6) The Vice Chancellors. * The University Senate exerting, by mandate of the Chancellor, the power established in letter p), article 25 of the General Statutes of the Pontificia Universidad
7 Catòlica de Chile, unanimously agreed, in its session of Friday 14 th of May 1982, on the interpretation of article 16 of the aforementioned regulatory body. The text of the agreement is the following: The Faculty Statutes, except those of the Faculty of Theology, may not deem it a requisite to have been part of the teaching staff of the University to become a Dean : (Registered by the Sacred Congregation for the Catholic Education, Prt. Nª 665/81/B/27 of June 19 th, 1982). ON THE GRAND CHANCELLOR Art. 18: The Grand Chancellor has high tuition on the University, exerts the directive actions mentioned in article 20 of these Statutes, and is the direct and immediate link with the hierarchical authorities of the Catholic Church, especially with the Holy See. Guided normatively and decisively by the catholic faith, his main function is to ensure that the University meets its goal as an Institute of Higher Education by fostering initiatives intended to reach this purpose. Art. 19: The Archbishop of Santiago is, by right, the Grand Chancellor of the Pontificia Universidad Catòlica de Chile. In the case of vacancy in the Archbishopric seat in Santiago or in its Ministerial Administration of the whole seat, the duties of the Grand Chancellorship shall undertaken by the prelate who manages the Archdiocese; he shall be named Pro Grand Chancellor. That which has been established in the aforementioned clauses, is in order unless otherwise stated by the Holy See.
8 Art. 20: The Grand Chancellor has, in the exercise of his functions, all the powers vested on him by the canonical legislature, these Statutes and the University Regulations. It is especially incumbent upon the Grand Chancellor: a) To ensure catholic orthodoxy within the University activity and to watch over the observance of canonical legislature within the University. That it should be applicable, above all granting and withdrawing the canonical mission to all those teachers of the University who teach disciplines that concern faith or mores; b) To lead pastoral activities within the University, safekeeping the timely harmony with the directive bodies of the respective diocese Ordinaries; c) To be the usual channel for information and Communications between the University, the Holy See and the other hierarchical authorities of the Catholic Church; d) To inform the Holy See about matters of special relevance that occur within the University or affect it and, likewise, to inform the Episcopal Conference especially about matters that have national impact; e) To take the petitions issued by the Faculty of Theology in order to obtain the nihil obstant for those candidates to a teaching position within the aforementioned Faculty, to the Holy See; f) To appoint, in accordance with the University statutory and regulatory dispositions, the Pro Chancellor, the Secretary General, the Vice Chancellors, The Directors of
9 Theological Centres and all the teaching staff that teach theology at any level within the University; g) To ensure the observance of the requisites demanded in article 15 of these Statutes to be appointed Dean, h) To take all the necessary measures to maintain the continuity of the University government, in those cases in which the application of rules of succession, substitution, alternation and provisional appointment established in these Statutes would have become impossible; i) To resolve eventual conflicts of competence that might spring between the University Senate and the Chancellor; j) To subscribe the diplomas that testify the tenure of Full Professorship, the granting of the Academic Degrees of Doctor and Licentiate in Theology and Licentiate in Religious Sciences and, likewise, the Decrees and Diplomas that grant the Honorific Degrees of Doctor Scientiae et Honoris Causa and Doctor Honoris of the University; k) To attend, with the right to vote, the sessions of any collegiate body of the University in which case he shall hold the honorary chair; l) To give his approval to the modifications of the General Statutes of the University, to the Statutes of the Faculty of Theology and o the other Regulations of this Faculty and
10 of the other Theological Centres, prior their presentation to the Holy See, when it corresponds; m) To exert the Powers and responsibilities conferred on him by the Statutes of the Faculty of Theology and of the Theological Centres that might exist in the University; n) To approve the syllabi of those courses in Christian training that are taught in the University. Art. 21 : In any University act or ceremony, the Grand Chancellor shall always ceremoniously hold the honour precedence Art. 22 : The Grand Chancellor or the Pro Grand Chancellor, in his instead, shall delegate in a Vice-Grand Chancellor, priest, for a renewable period of time that does not exceed two years, all or some of the responsibilities and powers pertaining the office and those indicated in article 20. ON THE UNIVERSITY SENATE Art.23 : The Honourable University Senate is the highest collegiate body of the University. Its mission is the setting down of the fundamental lines of university policy.. Art.24 : The Honourable University Senate is formed by:: 1) The Chancellor, who presides;
11 2) The Pro Chancellor; 3) The Secretary General; 4) The Vice chancellors. Only one vice Chancellor shall have the right to vote in each case; 5) The Deans; 6) Four professors who represent the academics and who are appointed according to the Regulations of the University; 7) The President of the Students` Union of the Pontificia Universidad Catòlica de Chile, who only has the right to speak Those professors referred to in Nº6 of this article shall hold representative office for two years. The Secretary General of the University is the authenticating officer of the Senate and his task is both to attest the condition as such of the members of the Senate, and to certify the authenticity of the agreements reached within it. Art. 25 : The Senate has the following Powers and duties: a) To ask the Holy See, through the Grand Chancellor and in conformity with the ecclesiastic legislature, for the approval or the modification of the Statutes of the Pontificia Universidad Catòlica de Chile; b) To approve the fundamental lines of university policy seeking the maintenance of a common and harmonious orientation and a coordination and complementation of the different bodies of the University;
12 c) To know the reports on his management that the Chancellor produces periodically, and ask of him to report on the development of the University and on the application of those Regulations and agreements approved by the Senate; d) To set down the academic organisation of the University and, in accordance with it, create, modify or eliminate Faculties and other bodies through which the latter realise the academic activity; e) To determine the structure and to dictate the rules which shall regulate the activities that the University realises outside the Metropolitan Region and those of the Annexed Institutes; f) To dictate rules concerning the appointment of those university authorities that are not regulated by these Statutes; g) To approve the creation, modification or elimination of titles and degrees; h) To approve study syllabi and curricula and their modifications; i) To dictate rules concerning the granting of honour degrees; j) To approve or modify the budget presented by the Chancellor, being unable to increase the grand total of the expenditure proposed, or modify, at the Chancellor s proposal, the approved budget; and to rule at least once every six months on the application of the aforementioned budget;.
13 k) To dictate the general rules about personnel and Faculty staff and the Regulations according to which contracts, promotions and dismissals are to be effected, and the determination of fees and honoraria; l) To freely dispose of the University s real estate; m) To dictate disciplinary rules, appointing those authorities that shall be in charge of their application; n) To rule about the physical or mental impairment of the Chancellor to perform the functions of his position, in accordance with the terms stipulated in article 39, letter c); ñ) To rule about the appointment and dismissal of the Secretary General of the University in conformity with the terms stipulated in article 43; o) To resolve those conflicts of competence that might surge between different University authorities so long as they are not conflicts between authorities that are in the exclusive confidence of the Chancellor; p) To interpret, in some specific cases, the sense and scope of the General Statutes of the University, regardless their authentic interpretation which is in the competence of the Holy See; q) To elect, by simple majority, the four members of the Advisory Committee for Financial Matters of the University Senate referred to in article 29 of these Statutes;
14 The election of these members shall be done in only one voting session of the University Senate; this session shall be especially summoned to this effect, and those academics with the four highest majorities shall become elected; r) To approve and modify rules for its own functioning; s) To exert the other functions and powers thus signalled by the laws of the country and by the regulations of the University. Art.26 : It corresponds, furthermore, to the University Senate to approve, modify and repeal the rules that deal with matters of its competence geared towards ensuring the work of the University and the fulfilment of its specific goals; and, within its powers, to elect its representatives for those bodies that correspond, form Commissions and designate their members or impart rules for their formation. Art.27 : Those matters referred to in letters a) and n) of article 25 shall be analysed by the University Senate in a meeting specially summoned to that effect, and in order to adopt agreements on those matters, the votes in agreement of two thirds of its acting members shall be required. The agreement vote of the absolute majority of the acting members of the Senate shall be required to adopt agreement on those matters referred to in letters d) and r) of article 25. Art.28 : The University Senate may delegate on the Chancellor, or on the persons the Chancellor proposes, the power referred to in letter k) of article 25; and in academics or
15 in academic bodies of the University, the power referred to in letter h) of the same article. Art.29 : The University Senate shall have an Advisory Committee for Financial Matters which shall be chaired by the Chancellor and constituted, besides, by four people elected in the form established in letter q) of article 25. Its members are not required to belong to the Pontificia Universidad Católica de Chile; they shall hold the position for four years and they shall not be removed from it unless two thirds of the Senate agree to effect such a removal in a meeting especially summoned to that effect. Art.30 : The functions of the members of the Advisory Committee for Financial Matters are: a) To report, in groups or individually, on the University annual budget project presented by the Chancellor to the University Senate in conformity with article 37, letter c) of these Statutes. b) To report to the University Senate, as requested by at least one third of its acting members, on any economic, financial or administrative aspect pertaining to the functioning of the University. To carry out their functions, this Committee may request, through the Chancellor, all the necessary information that shall enable the competent fulfilment of their goals.
16 Art.31 : The University Senate shall be in session ordinarily on the days and at the time it so determines. It shall be summoned for an extraordinary session by the Chancellor. The Secretary General may summon the Senate in the same character when at least one third of its acting members thus request it. The summons will be done by the Secretary General. Art.32 : The University Senate will be in session with the absolute majority of its acting members at a first call, and with one third in a second call, adopting agreements by the simple majority of the members present, except in those cases in which the Statutes or the Regulations demand another majority. The Senate shall not be summoned in second call for the same day in which it has been summoned for the first one Art.33 : University Senate sessions shall only be attended by its members and by persons who, by absolute majority, the Senate agrees to invite. Regardless that which has been stated in the previous clause, unless a secret session has been agreed upon by the absolute majority of the members present, minutes of the agreements will be taken which, once approved and authorised by the Secretary General, shall be published ON THE CHANCELLOR.
17 Art. 34: The Chancellor exerts the government of the University and has its representation with the powers established in the current Statutes and with those invested on him by the University Senate in the exercise of its duties. He is endowed with all the executive and administrative faculties that are necessary for the leading of the University, with the limitations that are established by these Statutes. Art. 35 : The Chancellor of the Pontificia Universidad Católica de Chile shall be nominated by the competent ecclesiastic Authority, according to the regulations that the Holy See issues for the case. Art. 36 : The Chancellor shall remain exercising his duties for five years and may be nominated again. Art. 37 : It especially corresponds to the Chancellor: a) To propose general University policies, programs of activities and plans of work to the Senate; b) To propose to the University Senate the approval and modification of the University Statutes and the other Regulations whose approval are in the competence of this body, notwithstanding the powers of initiative of the members of the Senate in accordance with its rules; c) To propose the University Annual Budget Project to the Senate on the date that this body so determines;
18 d) To chair the sessions of the Senate and summon them in corformity with these Statutes and the respective Regulations; e) To resolve those ties produced in the voting of the bodies he presides in accordance with the dispositions of the respective Regulations; f) To report periodically on his management to the Senate; g) To inform the Grand Chancellor about any situation that he deems necessary in relation to matters of special importance that are the concern of the University; h) To dictate Regulations, Decrees, Resolutions and Instructions, in the exercise of his powers; i) To execute the agreements of the University Senate by dictating the Regulations, Decrees, Resolutions and Instructions whenever necessary. If the Chancellor failed to do so within fifteen days after an agreement has been reached by the Senate, such an agreement shall come into effect with the sole certification of the Secretary General; j) To manage and dispose of the assets of the University with no lother limitations than those established in article 25 of these Statutes; k) To represent the University in front of any nacional and foreign authority and, likewise, represent it both judicially and extra judicially to all effect with the powers invested on him by the current Statutes and those given to him by the University Senate;
19 l) To designate, when it corresponds, the academic authorities and the teaching and administrative staff of the University, in accordance with the pertinent Regulations and notwithstanding the powers of the Grand Chancellor; m) To freely appoint and remove those officials he exclusively holds in his trust, in accordance with the rules of these Statutes and of the respective Regulations; n) To award, in conformity with the Regulations, academic degrees and professional titles; ñ) To propose to the University Senate, together with the Grand Chancellor, the conferment of Honorific Doctor Scientiae et Honoris Causa and Doctor Honoris Causa Academic Degrees, in accordance with the respective Regulations; o) To assign movable and immovable assets to different academic and administrative departments of the University, notwithstanding that which has been stated in letter l) of article 25; p) To delegate the powers referred to in letters j) and k) of this article, to persons different from the ones pointed out in article 41; q) To exert the faculties of leadership and administration of those university matters that are not specifically attributed to other bodies or authorities.
20 Art.38 : In the case of absence or temporary impediment of the Chancellor, he shall be substituted, with all the powers endowed to him and in the order that follows by: a) The Pro Chancellor; b) The Vice Chancellors, in the order determined by the Chancellor or, notwithstanding him, by the University Senate c) The Deans; in order of seniority in their positions. Notwithstanding the former, in case of temporary absence or impediment of the Chancellor, all his functions shall be assumed by a substitute Chancellor, designated by the Grand Chancellor at the proposal of the permanent Chancellor. Art.39 : The Chancellor shall fully cease in his functions for the following reasons: a) End of the term for which he was nominated; b) Acceptance of his resignation by the competent ecclesiastic authority, in accordance with article 35; c) Resolution of the Grand Chancellor, in prior agreement with the University Senate, on account of physical or mental impediments that disqualify him for the fulfilment of his post; d) Removal from office by the Holy See.
21 Art.40 : When any of the situations described in the aforementioned article were produced, the position of Chancellor shall be assumed by that person entitled to substitute for him in accordance with that which is stated in article 38, on a temporary basis and until the new permanent Chancellor is designated. Art.41 : The Chancellor exerts his attributions mainly through the Pro Chancellor and the Vice Chancellors who remain in their positions as long as they are in the Chancellor s trust. Notwithstanding this, they will cease having their positions three years after they were nominated, and they may be nominated for a new period. ON THE SECRETARY GENERAL. Art.42 : The Secretary General is the authenticating officer of the University and, in that character, it corresponds to him: a) To authorise those acts performed by the authorities that these Statutes and the internal regulations thus establish; b) To propose for approval by competent bodies internal rules of the University; to explain them and watch over their accomplishment; c) To certify those facts that pertain to the life of the University He will also have the other functions that these Statutes and the internal regulations of the University thus determine.
22 Art.43 : The Secretary General is appointed by the Grand Chancellor upon proposal of the Chancellor in agreement by absolute majority of the acting members of the University Senate, and he will remain in office for until ninety days after the Chancellor who proposed him has left his post. The Secretary General may be removed by the Chancellor under due knowledge of the University Senate which is entitled to veto the removal by two thirds of its acting members. He may also be removed on the initiative of the University Senate, as long as the same majority concurs. In both cases, prior consent of the Grand Chancellor is required. Art.44 : There shall be a Pro-Secretary General who shall be nominated by the Chancellor upon the proposal of the Secretary General and who shall keep his post as long as he is held in the latter s trust. It especially corresponds to him to alternate for the Secretary General; notwithstanding this, if the alternation extended for more than three months, a substitute Secretary General shall be nominated making use of the same procedure established for the appointment of the official Secretary General. SECTION VI ON MODIFICATIONS OF THE STATUTES Art. 45: The current Statutes may be modified on agreement reached by two thirds of the members of the University Senate which is especially summoned to those effects on
23 the initiative of the Grand Chancellor, of the Chancellor or of one third of the acting members of the aforementioned Senate. All modifications to the Statutes require the approval of the Grand Chancellor, but they will only have juridical efficacy once approved by the Holy See. Final Art. : Upon approval of these Statutes by the Holy See, all previous ones are abolished and, likewise, the General Regulations of 1938 and the internal rules which contain dispositions which are incompatible with what is established in these Statutes.
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