I
Foundation and early organization
On 8 June 1973 a meeting was held at the Congregation for the Eastern Churches to discuss the plans for an institute of higher education in Bethlehem. It was attended by Archbishop Mario Brini, Secretary of the Congregation, Brother Charles Buttimer, Superior General of the Institute of the Brothers of the Christian Schools, Archbishop Pio Laghi, Apostolic Delegate in Palestine and Jerusalem, and Brother Alphonse Hermans, Procurator General of the Institute.
On 26 June 1973 a second meeting was held at the Congregation attended by the Secretary of the Congregation, the Superior General of the Institute, and Brother Brendon Fitzgerald, future professor of the University.
On 2 July 1973 the Superior General of the Institute wrote to Cardinal Paul Philippe, Prefect of the Congregation, concerning plans for the University and the role of the Institute in its administration.
On 27 July 1973 the Secretary of the Congregation wrote the Superior General of the Institute, reviewing the steps taken to date to establish the new university and, in nine specific points, clarifying the general and fiscal responsibility for it.
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- Responsibility for starting the University was entrusted to a Holy Land commission consisting of the Apostolic Delegate, experts in higher education, local representatives, and others.
- The commitments to date to the financial support of the University made by the Equestrian Order of the Holy Sepulchre and Catholic Near East Welfare Association were itemized.
- The direction of the University and its programs of formation were entrusted to the Brothers of the Christian Schools.
- The Congregation for the Eastern Churches undertook the financial support of the Brothers of the Christian Schools in their “enterprise universitaire de Bethleem”.
- The overall commitments were made for a period of five years (1973-1978), while the specifics of the program and function of the University were approved for three years (1973-1976) and scheduled for review by the Congregation, the Apostolic Delegate, the Holy Land Commission and the Brothers of the Christian Schools at the end of that period.
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Use of land and original buildings
On 2 October 1973 a contract was made between “L’Institut des Freres des Ecoles Chretiennes du District d’orient en Terre Sante” and “Bethlehem University.” It was signed by the Apostolic Delegate on behalf of the University. The principal provision of the contract was to give the use of the existing land and buildings of the Institute to the University indefinitely.
II
Civil incorporation
On 26 July 1976 the University was legally incorporated according to the law of the State of New Jersey as “Bethlehem University in the Holy Land.” The certificate of incorporation provided that the Board of Trustees always consist of five trustees, ex officio: the President [now called Vice Chancellor] of Bethlehem University; the Provincial, Associate Provincial, and Director of Education of the La Salle Provincialate of the Brothers of the Christian Schools; and the Headmaster of Christian Brothers Academy at Lincroft, New Jersey.
Subsequently, the Board of Trustees of the civil Corporation met and adopted By-Laws (entitled “Bethlehem University of the Holy Land, P.O. Box 9, Bethlehem via Israel, By-Laws, Board of Trustees”). It consisted of five articles: Nature, Membership and Powers, Officers and Their Duties, Meetings, and Amendments to the By-Laws. The first article stated that “the Board of Trustees will establish a corresponding Board ‘in situ’ with full legal jurisdiction in all that pertains to the institution and to coordinate with this board.”
Formal agreement between the Congregation and the Institute
On 4 May 1979 a formal agreement between the Congregation for the Eastern Churches and the Institute of the Brothers of the Christian Schools was signed by the Prefect of the Congregation and the Superior General of the Institute, successor to the letters of agreement of 1973.
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- Principally, the agreement established that the Institute had responsibility to organize and administer the University and the Congregation, for its financial support.
- The Rector of the University was mandated to form an advisory committee to be known as the Administrative Committee of Bethlehem University.
- He was also instructed to prepare Statutes for the University, to be approved by both the Congregation and the Institute.
- The agreement provided that the Congregation support the University financially either directly from the Good Friday collection or through organizations solicited for this purpose and promote the development of the University.
- The agreement also adopted inclusively the articles of the 2 October 1973 contract.
- Finally, the agreement was made for a term of five years, renewable for the same periods in the future.
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Establishment of a Board of Trustees
On 1 October 1979 a [local, Bethlehem] “Bethlehem University Board of Trustees By-Laws” was signed by the President of the University [then Brother Joseph B. Loewenstein, F.S.C.] and the Chancellor [the Apostolic Delegate to Jerusalem]. It consisted of ten sections: Establishment, Number of Trustees, Composition of the Board of Trustees, Term of Office, Vacancies, Powers of the Board of Trustees, Meetings of the Board and Quorum, Chairman of the Board, Committees, and The President’s Council of Representatives.
The first section stated “The Board of Trustees is established by the Freres des Ecoles Chretiennes in consultation with the Apostolic Delegate of Jerusalem, the representative of the Holy See, to exercise the powers entrusted to it.”
Position of Vice Chancellor
At a later time, Brother Joseph Loewenstein, F.S.C., President of the University, by executive decision changed his title to Vice Chancellor, but retained the function of chief executive officer.
Publication of a “Statutes of Bethlehem University”
Later a document entitled “Statutes of Bethlehem University” was prepared, seemingly to harmonize all of the above. The document, sections of which were published in the catalogue of the University, consisted of seven sections: General Objectives, Statement of Policy, The Board of Trustees, Adjunct Associations, The Chancellor, The Vice Chancellor, and the President.
The section on the Board of Trustees referred vaguely and in summary fashion to the local, Bethlehem Board of Trustees described in the document of 1 October 1979.
A curious section on Adjunct Associations stated that “Two associations have been established outside the country whose main objective is to contribute morally and materially to the development and maintenance of Bethlehem University. It then described (1) L’Association en Faveur de la Bethlehem University and (2) Bethlehem University in the Holy Land.
Nomination of the first Arab President
On 21 February 1981 the Congregation for the Eastern Churches named the Rev. Dr. Michel Sabbah President of the University.
Admission into the Association of Arab Universities
On 27-30 April 1981 the University was admitted to membership in the Association of Arab Universities.
Amendment of the civil By-Laws
On 1 March 1982 the Board of Trustees of the civil Corporation met at the La Salle Provincialate in Lincroft, New Jersey. The Trustees amended the original By-Laws of the Corporation to substitute the title “Chief Administrative Officer of Bethlehem University” in the place of “President of Bethlehem University.” [who at that time was already called Vice Chancellor.]
Renewal of the formal agreement between the Congregation and the Institute
On 26 February 1985 a French language protocol of agreement, renewing the 4 May 1979 agreement, was signed by the Prefect of the Congregation for the Eastern Churches, and on 5 April 1985, by the Superior General of the Institute of the Brothers of the Christian Schools.
III
Further amendment of the civil By-Laws
On 10 August 1990 the Board of Trustees of the civil Corporation met at St. Mary’s College of California in Moraga, California. The Trustees amended the (1 March 1982 amended) By-Laws of the Corporation to provide that the Vice President of the Corporation should be the Vice President for Development of the University instead of the Executive Vice President of the University.
The Trustees also formally instructed the Vice Chancellor to work with the Secretary General of C.N.E.W.A. to clarify the relationship between the civil Board of Trustees of the Corporation and the local, Bethlehem Board of Trustees and to prepare appropriate legal documents.
[Brother John Johnson, Superior General of the Institute of the Brothers of the Christian Schools, previously had requested the assistance of Msgr. Robert Stern, a canonist and Secretary General of C.N.E.W.A., in resolving the relationships among the various agencies of governance and oversight of the University.]
Civil re-incorporation and adoption of By-Laws
On 2 October 1990 the University was re-incorporated in the State of New Jersey, this time as a membership corporation called “Bethlehem University in the Holy Land, Inc.” The purpose of the re-incorporation was to allow greater flexibility in the choosing of the Trustees.
The certificate of incorporation provided that the first Board of Trustees consist of five trustees: Brother Kevin Gilhooley, F.S.C.; Brother John Martin, F.S.C.; Brother Steven McCabe, F.S.C.; Brother Peter Mannion, F.S.C.; and Brother Jerome Sullivan, F.S.C., but did not include the requirement that the Board always be constituted by them or their successors in office.
On 23 May 1991 the first Board of Trustees of the re-incorporated civil Corporation met in Lincroft, New Jersey. The Trustees took three actions:
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- First, they adopted a By-Laws, which harmonized (1) the agreement between the Congregation for the Eastern Churches and the Brothers of the Christian Schools concerning the establishment, function, and development of the University; (2) the current By-Laws of the original civil Corporation; (3) the requirements of the Association of Arab Universities; (4) the requirements of the Council for Higher Education for the West Bank and Gaza; and (5) the two documents regulating the local, Bethlehem Board of Trustees: the “Bethlehem University Board of Trustees By-laws” and the later “Statutes of Bethlehem University.
- Second, they elected a Vice-Chancellor, President, and Secretary in accordance with their new By-Laws.
- Third, they passed a detailed resolution constituting a Bethlehem Advisory Board of Trustees, with functions and powers appropriately subordinated to the Board of Trustees of the Corporation.
- The new By-Laws also provided that the Trustees of the Corporation be the Vice Chancellor of the University and the Provincials of the Brothers of the Christian Schools of the United States Region, ex officio.
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Amendment of the By-Laws
On 12 October 1993 the Board of Trustees of the civil Corporation met at the Totino-Grace Renewal Center in Minneapolis, Minnesota and radically amended the By-Laws of the civil Corporation to incorporate all relevant provisions of the duly approved canonical Statutes of Bethlehem University.
New formal agreement between the Congregation and the Institute
On 2 September 1994 an English language agreement, replacing the agreement of 4 May 1979 and successive renewals of it, was signed by His Eminence Achille Cardinal Silvestrini, the Prefect of the Congregation for the Eastern Churches, and Brother John Johnston, F.S.C., the Superior General of the Institute of the Brothers of the Christian Schools.
The agreement provided for the initial approval and subsequent emendation of a Statutes of Bethlehem University, redefined the responsibilities of the Congregation and the Institute, and reaffirmed both the procedure for nominating the Vice Chancellor and the agreement of 2 October 1973 concerning the ownership and use of the land and buildings of the university.
Approval of canonical Statutes
On that same date, 2 September 1994, a new Statutes of Bethlehem University were approved by His Eminence Achille Cardinal Silvestrini, the Prefect of the Congregation for the Eastern Churches, and Brother John Johnston, F.S.C., the Superior General of the Institute of the Brothers of the Christian Schools.
[The draft of the new Statutes of Bethlehem University previously had been reviewed by the Congregation for Catholic Education which affirmed that Bethlehem University was a Catholic university, notwithstanding the requirements of the apostolic constitution, Ex Corde Ecclesiae.]
Amendment of the canonical Statutes
On 17 January 1996, the Statutes of Bethlehem University were amended with the approval of the Prefect of the Congregation for the Eastern Churches and the Superior General of the Institute of the Brothers of the Christian Schools.
Further amendment of the canonical Statutes
On 21 January 2003, the Statutes of Bethlehem University again were amended with the approval of the Prefect of the Congregation for the Eastern Churches and the Superior General of the Institute of the Brothers of the Christian Schools.