Do you know to whom (if anybody) N.D. is answerable? In whose diocese is it? Who gets to say, "You may not call yourself Catholic anymore." That kind of stuff?
AN ACT TO INCORPORATE THE UNIVERSITY OF NOTRE DAME DU LAC
AT SOUTH BEND IN ST. JOSEPH COUNTY, INDIANA
Enacted January 15, 1844, Amended January 13, 1845, March 8, 1873, and March 11, 1937.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF INDIANA, That Edward Frederick Sorin, Francis Lewis Cointet, Theophilus Jerome Marivault, Francis Gouesse, and their associates and successors in office, be, and are hereby constituted and declared to be a body corporate and politic, by the name and style of the University of Notre Dame du Lac, and by that name they shall have perpetual succession, with full power and authority to confer and grant, or cause to be conferred and granted, such degrees and diplomas in the liberal arts and sciences, and in law and medicine, as are usually conferred and granted in other universities of the United States: Provided, however, that no degrees shall be conferred or diplomas granted except to students who have acquired the same proficiency in the liberal arts and sciences, and in law and medicine, as is customary in other universities in the United States; to elect a president and all such other officers, professors, instructors, and agents as they may think necessary for the benefit of said university; to contract and be contracted with; to borrow money; to acquire, hold, enjoy, and transfer property, real or personal, in their corporate capacity; to make, have, and use a common seal, and the same to alter at pleasure; to sue and be sued, to plead and be impleaded in any court of law or equity; to receive and accept of any grants, gifts, donations, bequests, or conveyance by any person, company, or corporation, of any property, real or personal, and to hold and convey, and dispose of the same as may by them be deemed best for the interest of said institution; to make, ordain, establish, and execute such bylaws, rules, and ordinances not inconsistent with the Constitution and laws of the United States, or of this State, as they shall deem necessary for the welfare of said university, and to do all other acts in pursuance thereof necessary for the promotion of the arts and sciences, and the prosperity of said university; provided that said corporation shall be known as and be a charitable, religious, educational and eleemosynary, nonstock corporation and one not organized for profit.
So the school is a corporation chartered by the State (and has been since 1844). As such, it is not "owned" by the CSC and never has been. It has a juridic personality in of itself and likely the juridic person "the University" owns all its property, buildings, and so on in of itself.
Now (as I recall), in 1967, the Board of Fellows went from the original 6 (all members of the CSC) to 12 -- half CSC and half laypeople.
Also, in 1967, the Fellows created a to provide ordinary policy guidance and day-to-day operational governance for the university. Out of the 50 trustees, only 5 are CSC. (Note that all lay fellows are elected from the Board of Trustees).
In theory, the Superior General could direct all CSC fathers, under obedience, to support certain policies (like implementation of "Ex Corde Ecclesiae" or the like). However, according to the Statutes of the University (see here), a 2/3 vote of the Fellows are required for any change to the Statutes or to the By-Laws...so they would have to have, in addition to the 6 CSC Fellows, 3 Lay Fellows agree with making the proposed change. In other words, not all that likely that some radical change would happen.
More interestingly, what would happen if the CSC Superior General was to order all CSC, under obedience, to leave the University and relocate far, far away.
The University could, under its present charter and statutes, not operate. But, since the corporation is chartered by the State of Indiana, I would imagine that the State could simply amend the chartering law to allow the lay fellows to carry on.
Bishop Kevin C. Rhoades
915 South Clinton
P.O. Box 390
Fort Wayne, Indiana 46801
Phone: (260) 422-4611
Fax: (260) 969-9145
The form of organization is a corporation. Their relationship with with the CSC (Congregation of the Holy Cross) is labyrinthine and equivocal. They have a Board of Fellows which selects a Board of Trustees (only 5 out of 50, I read, are CSC) which vote on their own members/successors, making their governance --- as I understand it --- insular and self-perpetuating.
The President is Rev.John Jenkins, C.S.C., and his superior is:
Very Rev. Hugh W. Cleary, C.S.C.
Superior General
Congregation of Holy Cross
Via Framura, 85
00168 Rome, Italy
Or e-mail him: contact@holycrosscongregation.org