Dismissal from a Religious Institute

Dismissal is not the same as a novice's departure, non-admission to renewed profession, exclaustration, transfer, or a member's indult to leave. It is an involuntary canonical separation from the institute. In the Latin Church, canons 694–704 govern dismissal of religious; the institute's constitutions and other applicable penal or dicastery norms may also govern the case.^[1]

Canon 694 treats facts that produce dismissal by the law itself: notorious defection from the Catholic faith, marriage or attempted marriage even civilly, and twelve continuous months of illegitimate absence when the member's whereabouts may be unknown. The competent superior and council must gather the evidence and issue the declaration required for the dismissal to be juridically established; the absence case also requires the confirmation specified by law.

Canon 695 requires dismissal for specified grave delicts, subject to the qualifications now written into the canon. Canon 696 permits dismissal for other causes only when they are grave, external, imputable, and juridically proven; it lists examples and permits proper law to establish comparable causes. For a temporarily professed member, proper law may establish causes of lesser gravity.

The member retains the right to know the accusation and evidence, to defend himself or herself, and to communicate directly with the supreme moderator. In the ordinary process under canon 696, written warnings and a real opportunity to reform precede transmission of the acts. The supreme moderator and a council of at least four members examine the evidence, arguments, and defenses collegially and decide by secret ballot; a valid decree must state its reasons in law and fact at least summarily. Special rules apply to autonomous monasteries and reserved delicts.

Under the current canon 700, the decree takes effect when notified, but for validity it must state the member's right to recourse to the competent authority within thirty days, without the preliminary petition otherwise described in canon 1734 §1. Recourse has suspensive effect. Immediate expulsion from a house to prevent grave external scandal or most grave imminent harm is a protective measure and does not dispense with the required dismissal process.^[2]

Legitimate dismissal ends the vows and the rights and obligations arising from profession. A dismissed religious cleric may not exercise sacred orders until a bishop receives him after suitable probation or at least permits their exercise. The former member cannot demand compensation for work performed in the institute, while the institute remains bound to observe equity and evangelical charity toward the person who leaves.