University Agreements Policy

Document Number	000631
Date Approved	13 October 2004

1.      Introduction

The Policy governs management of all University agreements other than standard contracts of employment of University employees administered by the Human Resources Management Branch and research grant funding agreements normally administered by the Research Division.

2.      Definition

In the context of the Policy and subject to 1.0, the term “agreements” includes

• contracts with partner institutions
• joint venture agreements
• affiliation agreements
• agency agreements
• memorandum of understanding
• consultancy agreements
• leases, licences and occupancy agreements
• confidentiality agreements
• agreements for the sale and purchase of real property
• contracts with industry
• University agreements to assign, licence, commercialise or otherwise deal contractually with intellectual property
• all documents to be executed under seal
• agreements for hiring of chattels
• agreements for sale of University services
• teaching and/or research funding agreements to which the University is to be a party (other than research grant funding agreements normally administered through the Research Division.)
• agreements to form or enter into a company
• contracts with industry
• any other agreements to which the University is to be a party.

3.      Negotiation and Signing of University Agreements

3.1.     The University recognises through its Strategic Plan the importance of external links. The Policy ensures that the creation and extension of these external links is managed in accordance with the scheme of approved authorities as set out in Schedule 1.

3.2.     Where a specific type of agreement is not covered in Schedule 1, advice should be sought from the Legal Unit on approval processes to be applied.

3.3.     Negotiations to develop agreements must only be conducted with the prior approval of the officer with authorisation to sign any agreement which may result from the negotiations.

4.      Templates

4.1.     The Legal Unit has templates for University agreements and is responsible for preparing in draft all agreements generated by the University.

4.2.     For certain types of agreements such as University agency agreements, the prescribed template is the only form of agreement which may be used.

4.3.     A member of staff requiring a draft University agreement should ensure that approval in writing is obtained from the officer with approval to sign prior to requesting the Legal Unit to prepare a draft.

5.      Agreements Generated Externally

5.1.     Agreements generated externally and forwarded to the University for signing should be dealt with by the officer with approval to sign.

5.2.     The Legal Unit is responsible for checking all University agreements and should be consulted by the officer in 5.1 on the terms and conditions of the agreement prior to signing.

6.      Register of University Agreements and Review / Renewal / Terminations / Reminders

6.1.     A register of University agreements is maintained by the Legal Unit, including review/renewal and termination dates.

6.2.     The relevant officer will be contacted in advance of the review/renewal/termination date with a request for information on activity under the agreement and instructions regarding review/renewal/termination.

7.      Requirements for Developing a University Agreement

7.1.     In addition to the approvals required under Schedule 1, University agreements provided to the designated officer for signing must be accompanied by

7.1.1.       a detailed business plan unless this requirement is waived in full or in part in writing by the Deputy Vice Chancellor (Research) or Deputy Vice Chancellor (Academic) (DVC,A) or nominee – key headings to be addressed in the business plan are shown in Schedule 2;

7.1.2.       a schedule of fees to be charged and a fee distribution schedule, where the agreement involves the collection of fees by or remission of fee income to the University. Fees charged and distribution formulae should be in accordance with relevant University policies;

7.1.3.       details of academic quality assurance measures and processes to be incorporated in the agreement and applied internally in the University. The Program Convenor appointed by the University of Newcastle is responsible for the off-campus Program, and the delivery of quality provisions in contracts. Quality provisions of contracts must be approved by the Vice Chancellor (VC) or DVC, A and include the following requirements:

• students will be enrolled as students of the University of Newcastle as set out in 4(a);
• students should comply with University approved policies for admission and credit for the program concerned, including the provisions of the English Language Proficiency Policy 000104;
• partner teaching staff are checked and approved by the University. Any teaching staff employed by the partner must supply their Curriculum Vitae to The University of Newcastle who then has right of veto of appointment to teach a University program;
• there is a site visit by the Program Convenor or nominee no less than twice a year but in different teaching terms;
• examinations are conducted as per university policies. All examinations and assessment items must be checked and approved by the University, and examinations and assessment items must be sampled and moderated with sampling procedure at University discretion;
• Student Evaluation of Course Questionnaire administered and evaluated as per University policy and procedures;
• where a student is undertaking a project or dissertation as part of the Program a a member of the University's academic staff must be appointed as supervisor for each student;
• where clinical and professional placements are included in (off-shore) Program offerings, an ongoing staff member should be appointed to supervise the clinical supervisor on site; and
• Final results for all courses will be approved by the University;

7.1.4.       details of any approved credit and articulation arrangements (as approved by the University) to be incorporated in the agreement.

7.1.5.       the signed checklist (see Schedule 3).

7.2.     In the case of agency agreements, the Deputy Vice-Chancellor (Research) or Deputy Vice Chancellor, Academic may waive any or all of the requirements of 7.1 and/or may impose alternative requirements.

8.      University Seal

8.1.     Documents to be executed under the University Seal should be forwarded to the Legal Unit for checking. The Unit will then arrange with the DVC (Services) for sealing in accordance with University legislation and Council resolutions.

8.2.     The use of the University Seal is a formal process governed by University legislation and the general law. A register is kept of all documents sealed by the University including testamurs, deeds, leases and certain contracts.

9.      Record Keeping

9.1.     The Records Management Office is responsible for maintaining a definitive copy of all University agreements and associated schedules and correspondence.

9.2.     A full executed copy of each agreement should be forwarded to the Records Management Office as soon as possible after signing.

10.      Further Information

Further information may be obtained in the first instance from the officer with authority to sign or from the Legal Unit.

Attachments

• Schedule 1 - University Agreements - Authority to Sign
• Schedule 2 - Business Plan
• Schedule 3 - Checklist for Agreements

Related Information

• The University of Newcastle Legal Unit

Approval Authority	Council
Date Approved	13 October 2004
Policy Sponsor	Vice-Chancellor
Policy Owner	Deputy Vice-Chancellor (Services)
Policy Contact	General Counsel
Amendment History	Approved by Vice Chancellor, 6 February 2002 Revised by Vice Chancellor, 2 July, 2003 Noted by Council, 29 August 2003 Revised by Academic Senate, 13 October 2004