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Cooperation Agreement between the Federal Government and University Cantons on Matters Relating to Universities

The Federal Council,

Considering the Federal Law on Financial Aid to Universities of 8 October 1999 (UFG/LAU),

and the Governments of University Cantons,

considering the Intercantonal Convention on Coordinating University Policy, of 9 December 1999 (Convention)

hereby decree:
 


Section 1: General Provisions


Art. 1 Scope

This Agreement governs cooperation in matters relating to university policy, between the Federal Government and the Contracting Cantons of the Convention (hereinafter the "University Cantons").
 

Art. 2 Cooperation
  1. The Federal Government and University Cantons shall collaborate on matters relating to university policy. To this end, they shall create the Swiss University Conference, a joint university policy-making body.
  2. The Swiss University Conference shall cooperate with the Rectors’ Conference of the Swiss Universities (hereinafter "Rectors’ Conference"), while respecting university autonomy.
 
Art. 3 Objectives
  1. In order to promote quality education and research, the Federal Government and University Cantons shall encourage:
    1. the creation of higher education networks and centres of competence;
    2. competition between universities;
    3. the creation of conditions conducive to international cooperation in matters relating to universities;
    4. the transfer of knowledge in research.
  2. The Federal Government and University Cantons shall encourage measures to:
    1. enable students, subject to the relevant entrance criteria and related provisions of the Intercantonal Agreement on Universities of 20 February 1997, to pursue their chosen course of study;
    2. achieve equal opportunity for men and women at all university levels;
    3. facilitate the movement of students between universities;
    4. contribute to quality assurance;
    5. ensure comparability of costs, services, and diploma programmes.
  3. In these matters they shall apply the principle of unity of education and research.
  4. They shall encourage cooperation between universities, in particular, to meet identified national needs.
 

Section 2: Swiss University Conference


Art. 4 Constitution
  1. The Swiss University Conference shall be the joint university policy-making body of the Federal Government and Cantons, pursuant to Art. 5(1) UFG/LAU, and Art. 4(1) of the Convention. Its registered office shall be in Bern.
  2. It shall establish its own bylaws and adopt its annual budget.

Art. 5 Composition
  1. The Swiss University Conference shall be composed of:
    1. the ministers of education of the University Cantons;
    2. two ministers of education from non-university cantons, appointed by the Swiss Conference of Cantonal Ministers of Education (EDK/CDIP);
    3. the state secretary of the Swiss Science Agency;
    4. the president of the Board of the Swiss Federal Institutes of Technology (ETH/EPF Board).
  2. The following shall attend meetings in an advisory capacity:
    1. the president of the Rectors’ Conference;
    2. the director of the Federal Office for Education and Science;
    3. the director of the Federal Office for Professional Education and Technology.
  3. If required by the agenda, others may be invited to attend the meetings in an advisory capacity.
  4. The Swiss University Conference shall appoint its president and vice-president from among its members. If the presidency is held by a representative of the cantons, the vice-presidency shall be held by a representative of the Federal Government and vice-versa.
  5. The president shall be appointed to office for a term of two years, and may not be reappointed for a second consecutive term.

Art. 6 Powers and Duties
  1. The Swiss University Conference shall:
    1. issue directives on the normal length of studies, recognition of previous studies, and qualifications, which shall be binding on all parties to the Agreement;
    2. award project-specific grants;
    3. periodically assess the distribution of national research centres with respect to the nationwide division of activities among universities;
    4. recognise higher education institutions and diploma programmes (Art. 7);
    5. issue directives on evaluating teaching and research;
    6. issue directives on the transfer of knowledge in research.
  2. It shall submit recommendations to the Federal Government and University Cantons on:
    1. cooperation in matters relating to universities;
    2. long-term planning in the university sphere;
    3. the equitable distribution of activities in the university sphere.
  3. It shall keep the following bodies regularly informed of pertinent cases:
    1. the parties to the Agreement;
    2. the Commission of the Intercantonal Agreement on Universities, pursuant to Art. 16 of the Intercantonal Agreement on Universities, of 20 February 1997;
    3. the EDK/CDIP.
  4. It shall consult interested parties on important questions of Swiss university policy, in particular:
    1. university rectors;
    2. university professors, teaching assistants and students;
    3. representative bodies of the economy.
  5. It shall act as the supervisory authority for the accreditation and quality assurance body (Arts. 18 to 23), and in this capacity shall:
    1. adopt the body’s annual work programme;
    2. appoint members and the president of the scientific council;
    3. engage the director;
    4. issue bylaws;
    5. adopt the annual budget;
    6. inform the public.

Art. 7 Accreditation of Higher education institutions and Diploma Programmes
  1. The Swiss University Conference shall, when solicited by such institutions, accredit private and public higher education institutions or their diploma programmes, based on an examination of the quality of education and research provided.
  2. It shall define procedure for accrediting higher education institutions and diploma programmes on the recommendation of the accreditation and quality assurance body (Arts. 18 to 23).

Art. 8 Decisions
  1. Each member of the Swiss University Conference shall have the right to one vote.
  2. Decisions within the meaning of Art. 5(4) and Art. 6(1)(a) and (c) to (f) shall require the approval of a qualified majority of two-thirds of the votes of all the members. Moreover, for decisions to be valid the members of the Swiss University Conference approving such decisions must also represent over half of the students registered at the universities represented by the Swiss University Conference.
  3. Decisions within the meaning of Art. 6(1)(b) shall require the approval of a simple majority of all the members. Moreover, they shall require the approval of members contributing financially to the projects.
  4. Other decisions shall require the approval of a simple majority of all the members. In case of an equality of votes, the president shall have the casting vote.

Art. 9 Legal Proceedings
  1. Decisions of the Swiss University Conference, within the meaning of Art.6(1)(b) and (d), may be appealed to an arbitration board.
  2. The arbitration board shall be composed of three members. The Federal Department of Justice and Police and the Conference of Cantonal Departments of Justice shall each appoint one member who together shall appoint the third member. The term of office shall be four years and may be renewed once.
  3. The arbitration board shall be responsible for its internal organisation; its president shall ensure the functioning of the secretariat.
  4. In all other matters, proceedings before the arbitration board shall be governed by the Federal Law on administrative procedure.
  5. Decisions by the arbitration board may be appealed to the Federal Court by way of an administrative appeal, pursuant to Art. 98(e) of the Federal Law on the administration of justice.

Art. 10 Collaboration with Universities of Applied Science
  1. The Swiss University Conference shall collaborate with national bodies concerned with universities of applied science.
  2. It shall issue recommendations, in collaboration with such bodies, on the transfer of students between universities of applied science and universities.
  3. It shall encourage:
    1. equitable distribution of activities on the national level;
    2. joint use of infrastructures;
    3. application of the credit system;
    4. joint quality assurance procedures.
 

Section 3: Rectors’ Conference of the Swiss Universities

 
Art. 11 Description

The Rectors’ Conference of the Swiss Universities is the joint body of heads of universities, pursuant to Art. 8 UFG/LAU and Art. 8 of the Convention.
 

Art. 12 Composition
  1. The Rectors’ Conference shall be composed of the following voting members:
    1. rectors or presidents (vice-chancellors) of Swiss universities;
    2. presidents (vice-chancellors) of Federal Institutes of Technology.
  2. In all other matters, the Rectors’ Conference shall be responsible for its internal organisation.
 
Art. 13 Powers and Duties

  1. The Rectors’ Conference may submit proposals to the Swiss University Conference and Swiss universities on matters relating to the objectives listed in Art. 3 above.
  2. Its principle duties shall be to:
    1. prepare decisions for the Swiss University Conference, pursuant to Art. 6(1)(a);
    2. submit recommendations on decisions of the Swiss University Conference, pursuant to Art. 6(1)(b) to (f);
    3. develop and implement university planning for the Swiss University Conference in accordance with its directives;
    4. prepare other decisions on academic issues for the Swiss University Conference or submit recommendations regarding such decisions;
    5. implement the decisions of the Swiss University Conference that fall within the powers of its members.
  3. The Rectors’ Conference, moreover, shall, within the limits of its members’ powers, take whatever measures and initiatives it deems necessary to promote joint university policy objectives, in particular in relation to devising syllabuses and the comparability of diplomas. It shall keep the Swiss University Conference informed in these matters.

Art. 14 Decisions

Decisions of the Rectors’ Conference pertaining to the duties stipulated in Art. 13(2) shall require the approval of a majority of all its members. 

 

Section 4: Organisation and Financing of the Swiss University Conference and Rectors’ Conference

 
Art. 15 Commissions, Committees and Task Forces

The Swiss University Conference and the Rectors’ Conference may set up commissions, committees and task forces, and call in experts.

 
Art. 16 General Secretariats
  1. The Swiss University Conference and the Rectors’ Conference shall each have a general secretariat. The secretariats shall work closely together. Their registered offices shall be in Bern.
  2. Each conference shall appoint a secretary-general.
  3. The status of the secretary-general and employees of the secretariats shall be governed by private law. Public law provisions governing federal government employees shall be applied as a supplement to private law. As a rule, the term of employment shall be indefinite.
  4. Employees of the secretariats shall be insured with the Federal Pension Fund.

Art. 17 Financing
  1. Expenses arising from Swiss University Conference activities, and activities of the Rectors’ Conference pursuant to Art. 13, including commissions, committees, task forces and general secretariats of the two entities, shall be borne fifty percent by the Federal Government and fifty percent by the University Cantons as part of the Swiss University Conference’s budget allocation.
  2. The University Cantons shall establish the method of apportionment between themselves.
  3. The accounts of the Swiss University Conference and Rectors’ Conference shall be audited by the Swiss Federal Audit Office.
 

Section 5: Accreditation and Quality Assurance Body

 
Art. 18 Constitution
  1. The Federal Government and University Cantons shall set up an independent accreditation and quality assurance body in matters relating to universities (the Body).
  2. The Swiss University Conference shall issue bylaws for the Body. The Body shall be responsible for its internal organisation and management, within the limits established in the bylaws. It shall keep its own accounts. Its registered office shall be in Bern.
  3. It may establish commissions and committees and call in experts.

Art. 19 Powers and Duties
  1. The Body shall contribute to ensuring and encouraging quality education and research in Swiss universities.
  2. It shall prepare decisions for the Swiss University Conference regarding accreditation of higher education institutions and diploma programmes.
  3. In respect of the Swiss University Conference it shall:
    1. define quality assurance requirements and regularly check compliance;
    2. prepare proposals with a view to setting up a nationwide accreditation procedure for higher education institutions wishing to obtain such accreditation either for themselves, or for their diploma programmes;
    3. implement accreditation procedures, in accordance with directives issued by the Swiss University Conference, for those higher education institutions wishing to avail themselves of such accreditation;
    4. in carrying out its activities, it shall comply with international practice and participate in international cooperation efforts on accreditation and quality assurance;
    5. it shall issue recommendations to universities regarding assessments conducted under their own responsibility;
    6. it may conduct assessments for specific disciplines in connexion with the annual work programme and in consultation with the Rectors’ Conference.
  4. The Body shall collaborate with the Rectors’ Conference.
  5. It may provide other remunerated services to parties to the Agreement, or to third parties falling within the scope of their powers.
  6. The Body’s secretariat shall provide information on accreditation of higher education institutions and diploma programmes, and, in collaboration with the Rectors’ Conference, on the recognition of Swiss and foreign diplomas.

Art. 20 Organisation
  1. The Body shall be composed of:
    1. a scientific council;
    2. a secretariat.
  2. The scientific council shall consist of five experts on university accreditation, two of whom must be foreign citizens.
  3. The president and members of the scientific council shall be appointed to office for a term of four years by the Swiss University Conference, upon the recommendation of the Rectors’ Conference of the Swiss Universities. They shall be eligible once for reappointment.
  4. The director shall attend meetings of the scientific council in an advisory capacity.

Art. 21 Powers and Duties of the Scientific Council and Secretariat
  1. The scientific council shall:
    1. establish commissions and committees and appoint their members;
    2. be responsible for the scientific quality of the Body’s work and guarantee that the procedures applied comply with international standards;
  2. The director shall:
    1. manage the secretariat;
    2. be responsible for managing the Body’s business;
    3. prepare the annual programme and budget for submission to the Swiss University Conference;
    4. commission experts;
    5. submit proposals to the Swiss University Conference, pursuant to Art. 19(3);
    6. represent the Body in dealings with applicants and principals, pursuant to Art. 19(5);
    7. represent the Body at international conferences on accreditation and quality assurance.
  3. In all other matters, the Body’s powers and duties shall be described in its bylaws.

Art. 22 Employees
  1. Employment of staff shall be governed by private law. Public law provisions governing federal government employees shall be applied as a supplement to private law.
  2. Employees shall be insured with the Federal Pension Fund.

Art. 23 Funding
  1. The Body’s operating expenses arising from mandates of the Swiss University Conference shall be borne fifty percent by the Federal Government and fifty percent by the University Cantons.
  2. The University Cantons shall establish the method of apportionment between themselves.
  3. The Body shall charge fees for services rendered, pursuant to Art. 19(5). As a rule, such fees should cover expenses and shall be fixed by the Body’s bylaws.
  4. The Body may receive gifts and donations.
  5. The accounts of the Body shall be audited by the Swiss Federal Audit Office.
 

Section 6: Transitory and Final Provisions

 
Art. 24 Entry into Force
  1. The Agreement shall enter into force when signed by the Federal Government and over one half of the University Cantons. It shall remain in force as long as this condition is satisfied.
  2. The Federal Council shall establish the date of entry into force with the agreement of the University Cantons, signatories to the Agreement.

Art. 25 Termination

This Agreement may be terminated by any contracting party upon three years’ notice effective for the end of a calendar year.

 

Date of entry into force: 1 January 2001

Bern, 14 December 2000
 
On behalf of the Federal Council:
Head of the Dept. of Home Affairs, Federal Councillor: Dreifuss

On behalf of the Government of the Canton of Zurich:
Minister of Education: Buschor

On behalf of the Government of the Canton of Bern:
Minister of Education: Annoni

On behalf of the Government of the Canton of Fribourg:
Minister of Education: Macheret

On behalf of the Government of the Canton of Basel-Stadt:
Minister of Education: Schaller

On behalf of the Government of the Canton of St. Gallen:
Minister of Education: Stöckling

On behalf of the Government of the Canton of Vaud:
Minister of Education: Jeanprêtre

On behalf of the Government of the Republic and Canton of Neuchâtel:
Minister of Education: Béguin

On behalf of the Government of the Republic and Canton of Geneva:
Minister of Education: Brunschwig Graf

 
Bellinzona, 19 September 2001
On behalf of the Government of the Republic and Canton of Ticino:
Minister of Education: Gendotti


Lucerne, 10 March 2006
On behalf of the Government of the Canton of Lucerne:
Minister of Education: Schwingruber



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last update: 20.03.06