Tilburg School of Economics and Management
Faculty Regulations
Approved by the faculty council on October 2, 2014
Approved by the Executive Board of Tilburg University on February 17, 2015
CONTENTS
PART I
Chapter 1
GENERAL
General provisions
PART II
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
Chapter 7
MANAGEMENT AND STRUCTURE OF THE FACULTY
Faculty management
Study programmes
Research institutes and graduate schools
Deleted
Departments
Faculty Service
PART III
Chapter 8
Chapter 9
Chapter 10
Chapter 11
Chapter 12
PARTICIPATION
Faculty council
Duties and powers of the faculty council
The faculty council’s rules and procedures
Faculty council meetings
Consultation meetings faculty council & dean
PART IV
Chapter 13
Chapter 14
OTHER PROVISIONS
Legal protection
Final provisions
1
PART I
GENERAL
2
CHAPTER 1
GENERAL PROVISIONS
Article 1.1 Definitions
1. The concepts mentioned in this regulation, insofar as they also occur in the
Structure regulation, shall be interpreted as defined there.
2. Furthermore, the following definitions shall apply for this regulation:
 The HERA: the Dutch Higher Education and Research Act (HERA);
 Tilburg University Council: the university council as referred to in Article
28 of the Structure Regulation;
 CEA: the Collective Employment Agreement of the Dutch Universities;
 University Labour Representation Board (LO-UvT): the institution-related
consultation as referred to in the CEA;
 vice dean for education: a TiSEM professor commissioned by the dean to
deal with the education policy;
 vice dean for research: a TiSEM professor commissioned by the dean to
deal with the research policy
3
PART II
MANAGEMENT AND STRUCTURE OF THE FACULTY
4
CHAPTER 2
FACULTY MANAGEMENT
Article 2.1 The dean of the faculty
Art. 13, para 1
1. The dean of the faculty is the head of the faculty.
Art. 14, para 1
2. The dean is appointed, suspended and dismissed by the Executive Board.
The duration of the appointment is determined by the Executive Board.
Art. 14, para 2
3. Before appointing or dismissing a dean, the Executive Board hears the
faculty council in confidence concerning a proposed decision to appoint or
dismiss. Chapter 3 of the Structure Regulation does not apply. The hearing
will take place at such a time that it can essentially affect the decision
making.
Art. 14, para 3
4. The dean can be suspended or prematurely dismissed if there are important
reasons to do so.
Art. 14, para 4
5. The dean is a professor.
Art. 17
6. The dean is accountable to the Executive Board. He/she supplies the Board
with the requested information concerning the faculty.
Article 2.2 The general duties and powers of the dean
Art. 15, para 1
1. Without prejudice to the management powers of the Executive Board and the
provisions in or on the basis of this regulation, the dean is charged with the
general management of the faculty. The dean is also charged with the
management and structure of the faculty as concerns education and science.
Art. 15, para 2
2. The dean takes part in the management of the university, among other
things, by consulting with the Executive Board concerning the preparation of
the institution’s plan and the budget.
Article 2.3 The duties of the dean: faculty regulations
Art. 15, para 3
1. Without prejudice to Article 8 of the Structure Regulation, the dean shall
determine faculty regulations for the further regulation of the management
and structure of the faculty.
Art. 15, para 4
2. The faculty regulations require the approval of the Executive Board.
Art. 15, para 5
3. If the faculty regulations have not, or not completely, been approved within a
term determined by the Executive Board, the Executive Board will approve
the regulations or the missing part of that document.
Article 2.4 Other duties and powers of the dean
Art. 16, para 1
1. Without prejudice to Article 8 of the Structure Regulation, the dean is also
charged with:
a. approving the teaching and examination regulations, referred to in Article
7.13 of the HERA, and regularly assessing them,
b. approving the general guidelines for the study of science,
c. approving the faculty’s annual research programme,
5
d. supervising the implementation of the teaching and examination
regulations and the annual research programme and regularly reporting
on these to the Executive Board,
e. instituting the examination commissions and the commission referred to in
Article 7.29, first paragraph, of the HERA, and appointing members to
these commissions,
f. implementing Articles 7.8b and 7.9 of the HERA, with the exception of the
designation of study programmes, as referred to in Article 7.8b, third
paragraph, and 7.9, first paragraph,
g. approving further rules concerning the way in which exemptions as
referred to in Articles 7.25, fourth paragraph, 7.28, second to fourth
paragraphs, and 7.29, first paragraph, of the HERA can be obtained,
h. providing a proof of admission as referred to in Article 7.30a, third
paragraph, as well as the application of 7.30a, fifth paragraph, and
i. concluding joint regulations for one or more study programmes with one or
more deans of other faculties, without prejudice to the relevant provisions
in the management and control regulations.
Art. 16, para 2
2. The dean shall exercise the right to recommend a candidate as referred to in
Article 7.19, second paragraph, of the HERA.
Article 2.5 Specific duties and powers of the dean
1. The dean shall institute one or more departments as referred to in Article 5.1.
2. The dean is also charged with:
a. the organisation of education, the research institutions, and the support
staff,
b. the design and implementation of the strategic policy, including the
professorship plan,
c. the promotion of the fine-tuning of the education and research policies;
d. the financial and personnel policies,
e. the student policy,
f. the promotion of cooperation with other faculties and universities in the
field of education and research, and
g. the promotion of cooperation with other partners in society in the field of
education and research.
3. If the faculty participates in a joint study programme with one or more
faculties, the dean shall arrange the faculty’s share in the management of
and resources for this programme.
4. The provisions in the previous paragraph apply mutatis mutandis to
participation in an inter-faculty or inter-university research institute and in an
inter-university graduate school.
Article 2.6 The deputy dean
After having heard the faculty council, the dean shall appoint a deputy to replace
him/her in all matters. The deputy dean shall be a professor. Appointment is for
a minimum period of three years. Premature termination of this appointment is
possible.
6
Article 2.7 The management team
1. The dean is assisted by a management team, which shall in any case
include: the vice dean for research and the vice dean for education. The
management team is advised by the faculty director.
2. The members of the management team are appointed by the dean.
3. The dean appoints, after consultation of the student members of the faculty
council, a student advisor of the management team for one year, who is
allowed to be present as an advisor at meetings of the management team.
The student advisor cannot be member of the faculty council.
Article 2.8 The faculty director
1. The faculty director is appointed, suspended, and dismissed by the dean. The
relevant decision requires the approval of the Executive Board.
2. The faculty director assists the dean in the performance of his/her tasks.
3. The faculty director is charged with policy preparation and the implementation
of the dean's decisions, and with their notification.
4. The faculty director is charged with the management of the faculty office.
Article 2.9 Public access to meetings
The meetings of the management team are not open to the public.
7
CHAPTER 3
STUDY PROGRAMMES
Article 3.1 Programme governance
1. The dean appoints an academic director for all study (sub)programmes
mentioned in Article 3.8.
2. The academic directors for the programme Research Master in Economics
and the programme Research Master in Business, both part of CentER
Graduate School, are nominated by the vice-dean for research.
3. In the application of Article 3.1, section 1, “programme” can be understood to
encompass a Bachelor’s programme and one or more of the suitable
subsequent Master’s programmes.
4. The academic director is appointed for a term up to three years.
5. The relevant educational committee is consulted before appointing an
academic director.
Article 3.2 Duties of the academic director
1. The academic director is charged with implementing the teaching and
examination regulations. In consultation with the chairs of the departments
concerned, as referred to in Article 5.1, the academic director determines
who is involved in implementing the teaching and examination regulations
and gives them the necessary instructions. If no consensus is reached, the
dean decides.
2. The academic director advises the dean on the content of the programme
and the examinations involved.
3. The academic director advises the dean on the system of internal quality care
and the follow-up of external quality care.
Article 3.3 Accountability of the academic director
1. The academic director is accountable to the dean.
2. The academic director reports at least once a year to the dean regarding its
activities.
8
Article 3.4 Composition of the educational committees
1. For each initial programme, or a group of initial programmes, an educational
committee will be appointed.
2. An educational committee consists of at least one representative of each of
the departments involved in the programme as well as a student
representative of the students enrolled in the programme, with the
understanding that no less than half of the committee shall consist of student
members.
3. In the application of Article 3.4, section 1, “programme” can be understood to
encompass a Bachelor’s programme and at one or more of the suitable
subsequent Master’s programmes.
4. The educational committee for the non-initial Accountancy programme
postmaster programme Registered Accountant consists of at least three
representatives from the departments involved in the programme and at least
three representatives from the students enrolled in the Accountancy
programme.
5. The members of the educational committees are appointed by the dean.
6. The student members of the educational committees will be recruited through
an open process of application.
7. Having heard the members, the dean appoints a chairperson and a deputy
chairperson.
Article 3.5 Term of office of educational committee members
The term of office for student-members of the educational committees is one
year; for the other members, it is two years. Retiring members are immediately
eligible for re-appointment.
Article 3.6 Duties educational committee
Art. 19, para 1
1. It is the educational committee’s task:
a. to give advice on the teaching and examination regulations, referred to in
Article 7.13 of the HERA,
b. to annually assess the way the teaching and examination regulations are
implemented, and
c. to give advice, if requested or on its own initiative, to the academic
director and the dean on all matters concerning the teaching of the
relevant programme.
2. The educational committee sends the recommendations, as referred to in a.
and c. of the first paragraph, for information to the faculty council.
3. The educational committee will be given the opportunity to consult with the
dean and the academic director, respectively, before giving the advice. The
committee will be informed as soon as possible in writing of the way in which
the advice given will be carried out.
9
Article 3.7 Consultation with educational committees
1. At least once a year, the vice-dean for education - in the presence of the
academic director concerned - consults with each of the educational
committees within the faculty on all over all matters concerning the teaching
of the relevant programme.
2. At least twice a year, the academic director formally consults with the
educational committee concerned on the implementation of the teaching and
examination regulations. The vice-dean for education receives a report of this
formal meeting and forwards it, for information, to the members of the faculty
council.
3. At least four times a year, the academic director consults with the staff
member and the student member of the educational committee concerned on
the implementation of the teaching and examination regulations.
Article 3.8 Programmes
1. The Faculty provides the following initial programmes:
a. Bachelor of Science programmes:
a.1. Economie en Informatica;
a.2. Econometrie en Operationele Research;
a.3. Fiscale Economie;
a.4. Economie en Bedrijfseconomie;
a.5. Bedrijfseconomie;
a.6. Economics;
a.7.
International Business Administration.
b. Master of Science programmes:
b.1. Information Management;
b.2. Econometrics and Mathematical Economics;
b.3. Operations Research and Management Science;
b.4. Quantitative Finance and Actuarial Science;
b.5. Fiscale Economie;
b.6. Economics;
b.7. Accounting;
b.8. Finance;
b.9. Marketing Management;
b.10. Marketing Research;
b.11. Supply Chain Management;
b.12. Strategic Management;
b.13. International Management;
b.14. International Business Taxation;
b.15. Leraar VHO in Algemene Economie;
b.16. Leraar VHO in Management en Organisatie.
c. Research Master programmes:
c.1. Economics;
c.2. Business.
2. The faculty provides the Post-Master Accountancy programme.
3. The provisions of Articles 3.1-3.3 and of Articles 3.5 – 3.7 do not apply to the
programmes mentioned in the second paragraph.
10
CHAPTER 4
RESEARCH INSTITUTES AND GRADUATE SCHOOLS
Article 4.1 The Faculty Research Institute and the CentER Graduate
School
The Faculty has a Research Institute CentER and the CentER Graduate School.
Article 4.2 The management of the Research Institute and the CentER
Graduate School
1. The dean charges the vice-dean for research with the management of the
Research Institute and the Graduate School.
2. The vice-dean for research is charged with the following tasks:
a. deciding on the research programme,
b. stimulating funds required for the budget and the long-range budget,
c. maintaining the quality of research,
d. PhD students’ admission and PhD programmes,
e. the control of CentER.
3. The vice-dean for research is assisted by the director of Graduate Studies in
Economics and the director of Graduate Studies in Business, as mentioned in
Article 3.1 under 2.
.
11
CHAPTER 5
Deleted
12
CHAPTER 6
DEPARTMENTS
Article 6.1 Division of departments
1. The dean establishes departments to promote the interaction between
education and research, to stimulate the exchange of ideas between those
who are active in the same field, and to increase the expertise necessary
within the faculty for responsible decision making concerning education and
research.
2. The faculty has the following departments:
a. Accountancy;
b. Economics;
c. Econometrics and Operations Research;
d. Finance;
e. Fiscal Economics;
f. Management
g. Marketing.
Article 6.2 The members of the departments
1. The dean appoints the members of the departments.
2. The dean appoints one of the members of each department as “head of the
department”, who will be charged with the management of that department.
3. When needed, the “head of department” is assisted by a management team
which should include a member for education, a member for research, and a
member for financial affairs. The “head of department” appoints these
members of the management team. This appointment requires the previous
approval of the dean.
4. An academic director, as referred to in Article 3.1, cannot be a “head of
department” and cannot be part of the management team of a department.
Article 6.3 Advisory powers of departments
1. If requested or on their own initiative, the departments advise the dean and
the academic directors on all matters concerning the education within the
faculty and the programmes, respectively.
2. If requested or on their own initiative, the departments advise the dean and
the academic directors on all matters related to concluding joint regulations
for inter-faculty programmes.
3. If requested or on their own initiative, the departments advise the dean and
the academic directors on all matters concerning the practice of science and
the faculty’s research programmes.
Article 6.4 Other duties of the departments
Once a year and furthermore whenever requested by the academic director(s),
the educational committees, or the director of the research institutes or graduate
schools, the departments consult with these directors and educational
committees.
13
CHAPTER 7
FACULTY SERVICE
Article 7.1 Personnel members’ faculty service
Personnel members who are not appointed, pursuant to Article 6.2., as members
of a department are attached, by the dean, to the faculty service.
Article 7.2 Faculty office
The faculty office is managed by the faculty director and performs the following
services for the faculty:
a. management support of the dean and the other members of the management
team, and
b. support of the dean as concerns other management business.
14
PART III
PARTICIPATION
15
CHAPTER 8
FACULTY COUNCIL
Article 8.1 Size and composition
1. The council consists of fourteen members.
Art. 34 para 3 in
conjunction with
Art. 28 para 3
2. Half of the council consists of members chosen by and from among
personnel, the other half of members chosen by and from among the
students.
3. At the announcement of election or the division of seats of the members who
are chosen by and from among personnel, if possible at least one seat is
allotted to a candidate who belongs to the academic personnel and at least
one seat to a candidate who belongs to the management and support staff as
defined by the Collective Employment Agreement (CEA).
Art. 34 (3) in
conjunction with
Artt. 28 (4) & 13 (3)
4. Those who are members of the Executive Board or the Board of Governors
or who have the position of dean or board member of a faculty cannot
simultaneously be members of the faculty council.
5. The election of faculty council members takes place according to the
provisions of the Voting Regulation.
Article 8.2 Term of office
1. The term of office for members of the faculty council chosen by and from
among personnel, the personnel section, two years and for members chosen
by and from among the students, the student section, one year. The term of
office starts on 1 September of the year in which the elections take place and
therefore ends two years and one year later, respectively, on 31 August.
Retiring members are immediately eligible for reappointment.
2. A member who occupies a seat that has become prematurely vacant retire at
the moment on which the person in whose place this member has been
chosen would have retired, without prejudice to the provisions in Article 8.3,
second paragraph.
Article 8.3 End of membership
1. Membership of the faculty council ends through:
a. periodic retirement;
b. death;
c. written cancellation;
d. leaving the university community;
e. a move to another section;
f. temporary retirement as a result of pregnancy, maternity, or parental leave
as referred to in the second paragraph; and/or
g. reinstatement, pursuant to the second paragraph, of the person who had
temporarily retired, as referred to under f., and in whose place the
member had been elected.
16
2. A member of the faculty council to whom pregnancy, maternity, or parental
leave is granted during his/her employment has the right to retire as a
member on that account for the duration of this leave. At the end of the leave,
he/she will be legally reinstated as a member. The same right accrues on
account of pregnancy to a member who is not employed by the university. In
that case, the provisions concerning the beginning and end of the pregnancy
and maternity leave during employment shall apply mutatis mutandis for the
execution of this right.
3. Cancellation, as referred to in the first paragraph under c, takes place by
notification in writing to the chairperson of the council. The dean and the
electoral committee as referred to in the Voting Regulation receive a copy of
the cancellation.
Article 8.4 Chairperson and vice-chairperson
1. The faculty council chooses a chairperson either from their number or
elsewhere.
2. The faculty council chooses a vice-chairperson from their number.
3. If the chairperson of the faculty council is not also a member of this council,
(s)he has an advisory vote.
Article 8.5 Council secretary
The dean provides the administrative and management support of the faculty
council; (s)he appoints a council secretary to that end.
Article 8.6 Legal protection
1. As regards the faculty council, the dean ensures that the members of the
council are not prejudiced, on account of their membership, in their position
with regard to the faculty. The first sentence is applicable mutatis mutandis as
regards candidate members and former members.
2. The termination of the employment of a person employed by the faculty, other
than at this person’s own request, may not be related to the candidacy for
membership or the former membership of the council of the person
concerned. Termination of the employment that is in breach of this paragraph
is void.
17
CHAPTER 9
DUTIES AND POWERS OF THE FACULTY COUNCIL
Article 9.1 Duties of the faculty council
1. The faculty council stimulates, to its ability, openness, accessibility, and
mutual consultation within the faculty.
2. Furthermore, the faculty council in general guards against discrimination on
whatever grounds in the faculty and particularly stimulates equal
opportunities for men and women, including the employment of handicapped
persons and people from ethnic minorities.
3. It is also the duty of the faculty council to ensure that the views and interests
of personnel and students are taken into account in the framework of
objectives of education and research in the faculty concerning policy and
decision-making.
Article 9.2 General duties
Art. 34, para 2
Without prejudice to the provisions in Article 9.7, the faculty council exercises the
rights of approval and of advice accruing to the university council, as far as it
concerns business that particularly affects the faculty and the relevant powers
are also conferred upon the dean.
Article 9.3 Right of approval
Art. 35 Str.
1. Without prejudice to the provisions in Article 9.7, the dean needs the prior
approval of the faculty council for every decision that he makes as regards at
least the adoption or approval of:
a. the faculty regulations, referred to in Article 2.3, and
b. the teaching and examination regulations, referred to in Article 7.13 of the
HERA, with the exception of the subjects mentioned in the second
paragraph, under a to g, with the exception of the third paragraph, and
with the exception of the requirements, as referred to in the Articles 7.30a,
third paragraph, third sentence, and 7.30b, first paragraph, third sentence,
of the HERA.
2. Without prejudice to the provisions in Article 9.7, the dean furthermore
requires the prior approval of the faculty council for every decision that he
makes as regards the faculty’s Strategic Plan.
Article 9.4 Advisory right
1. Without prejudice to the provisions in Article 9.7, the dean will give the faculty
council the opportunity in a timely fashion to give advice and to consult on:
a. matters concerning the continued existence of the faculty and the smooth
running of affairs within the faculty, and
b. the faculty’s budget.
18
2. Furthermore, without prejudice to the provisions in Article 9.7, the faculty
council will be given the opportunity, in a timely fashion, to give advice and to
consult on proposed decisions concerning:
a. the education and research plan,
b. the procedure for the appointment of professors,
c. the annual account,
d. the annual report,
e. the transfer of the control over a part of the faculty, and
f. the conclusion of, an important alteration to, or the breaking-off of a longterm cooperation arrangement with another faculty or institution of higher
or academic education.
Article 9.5 Powers of the personnel section
Art. 34 (4) in
conjunction with
Art. 48 (2)
1. As regards matters that particularly affect the faculty and as far as the
relevant powers are also conferred upon the dean, the dean sees to it that
the personnel section of the faculty council is given the opportunity in a timely
fashion to give him/her advice and to consult on proposed measures
concerning:
a. the way in which the conditions of employment are applied by the faculty,
b. the way in which the general personnel policy is implemented by the
faculty,
c. matters in the field of the working conditions at the faculty,
d. the organisation and way of working within the faculty, and
e. the technical and economic performance of the faculty.
Art. 34 (4) in
conjunction with
Art. 48 (3)
2. The personnel section of the faculty council is competent to make
propositions to the dean of the faculty concerning the matters referred to in
the first paragraph.
Art. 34 (4) in
conjunction with
Art. 48 (4)
3. The dean requires the prior approval of the personnel section for every
measure that he is competent to take and on the basis of which the personnel
section has given advice pursuant to the first paragraph.
Article 9.6 The right to submit proposals
Art. 36 in
conjunction with
Art. 29 para 2
The faculty council is competent to submit proposals to the dean on all matters
concerning the faculty and to state its points of view. Within three months, the
dean submits to the council a written reaction to the proposals, stating reasons,
in the form of a proposal. Before submitting the reaction referred to in the
previous sentence, the dean will give the council the opportunity at least once to
consult with him/her on this proposal.
Article 9.7 Exceptions to powers
The provisions in Articles 9.2-9.5 do not apply as far as the matter concerned is
already substantively regulated by rules in or on the basis of any law or in a
collective employment agreement, or insofar as consultations are already going
on with the University Labour Representation Board (LO-UvT) by or on behalf of
the Executive Board on the basis of the Consultation Protocol to the Collective
Employment Agreement, or with the Tilburg University Council on the basis of
the provisions of the Tilburg University Council Regulations.
19
Article 9.8 Special powers of the personnel section
1. The personnel section of the faculty council will be given the opportunity, in a
timely fashion, to give advice on the requirements which a prospective faculty
director should meet.
2. If a selection committee for a new faculty director is set up, a member of the
personnel section of the faculty council will be a member of this committee.
3. The faculty council is informed as soon as possible of the intended
appointment of the faculty director.
Article 9.9 Right of approval procedure
1. The dean submits the decision to be taken to the faculty council in writing and
likewise provides an overview of the reasons and the expected results.
2. Before the faculty council, or the section of the faculty council concerned
decides on the requested approval, the relevant issue must be discussed at
least once in a consultation meeting as referred to in Article 12.1.
3. Within a month of the consultation meeting referred to in the previous
paragraph, the faculty council decides whether the requested approval will be
granted and informs the dean in writing of this decision as soon as possible.
4. If the faculty council has not reached a decision within the specified time limit,
the proposed decision is considered to have been approved.
Article 9.10 Duty to consult after refusal of approval
1. If the faculty council, or the relevant section of the faculty council, does not
grant the required approval of a proposed decision, the dean again consults
with the faculty council.
2. After the consultation as referred to in the first paragraph, the dean decides:
a. to maintain the proposal, or
b. to submit the proposal in amended form to the faculty council, or
c. to withdraw the proposal.
Art. 40 para 1
Art. 39 para 4
In accordance with the provisions in Article 40 of the Structure Regulation,
the dean notifies the faculty council of his decision as soon as possible but
within three months. If this notification does not take place within three
months, the proposal lapses.
3. In accordance with the provisions in Article 39 of the Structure Regulation, if
the dean wishes to maintain the proposal, he must notify the dispute to the
Executive Board.
4. The dean cannot make a definitive decision concerning a matter that has
been notified as a dispute before the dispute has been solved or the disputes
committee has rendered a decision.
20
Article 9.11 Interpretation dispute concerning the right of approval
1. If the faculty council expresses the opinion that the dean should have
submitted a proposal to the faculty council for approval, the faculty council
informs the dean of this, stating reasons.
2. The dean consults with the faculty council. If, after consultation, the dean
states that (s)he will not submit the proposal to the faculty council for
approval, the faculty council deliberates whether it will stand by its opinion
and subsequently informs the dean of this within two weeks.
3. The dean observes that there is a dispute as referred to in Article 39, first
paragraph sub d of the Structure Regulation and notifies it to the Executive
Board.
4. The dean cannot make a definitive decision concerning a matter that has
been notified as a dispute before the dispute has been solved or the disputes
committee has rendered a decision.
Article 9.12 Advisory right procedure
1. The advice will be asked in a timely fashion so that it can have an essential
influence on the decision to be taken. The dean submits the proposed
decision in writing to the faculty council and likewise provides an overview of
the reasons and the expected results.
2. The faculty council will be given the opportunity to consult with the dean
before giving the advice.
3. The faculty council will be informed as soon as possible, but within three
weeks at the latest, in writing of the way in which the advice given will be
carried out.
4. If the dean wishes to partly or entirely deviate from the advice of the faculty
council concerning a proposal as referred to in Article 9.4 or Article 9.5, first
paragraph, the faculty council will be informed of this in writing and stating
reasons. The faculty council will be given the opportunity to consult before the
dean makes a definitive decision.
5. Subsequently, the faculty council informs the dean within three weeks
whether, after a reconsideration of the interests, the original advice will stand.
6. The implementation of the relevant decision will be postponed for four weeks,
unless the faculty council has no objections to immediate implementation of
the decision.
7. If the faculty council is of the opinion that the faculty or the council’s interests
are seriously damaged because the advice was not (entirely) adopted, the
faculty council notify the dispute to the Executive Board within four weeks
after the dean has taken the relevant decision. The provision in Article 42 of
the Structure Regulation is applicable mutatis mutandis.
21
Article 9.13 Interpretation dispute concerning advisory right
1. If the faculty council expresses the opinion that the dean should have
submitted a proposed decision to the faculty council for advice, the faculty
council informs the dean of this, stating reasons.
2. The dean consults with the faculty council. If, after consultation, the dean
states that (s)he will not submit the decision to the faculty council for advice,
the faculty council deliberates whether it will stand by its opinion and
subsequently informs the dean of this within two weeks.
3. The implementation of the relevant decision will be postponed for four weeks,
unless the faculty council has no objections to immediate implementation of
the decision.
4. Within four weeks after the dean has been informed of the opinion as referred
to in the second paragraph, the dean and/or the faculty can notify the dispute
to the Executive Board.
22
CHAPTER 10
THE FACULTY COUNCIL’S RULES AND PROCEDURES
Article 10.1 Facilities and training
1. The dean shall provide the faculty council and its members with the
opportunity to perform their duties properly and shall allow the faculty council
to make use of the facilities at his disposal to the degree that the council
might reasonably require for the performance of its duties.
2. The dean shall provide the members of the faculty council with the
opportunity to acquire the training needed for the proper performance of their
duties for a duration of time to be determined by the dean in consultation with
the council. University personnel shall be allowed to receive this training
during working hours and without loss of pay.
3. In compliance with Article 46 of the Structure Regulation, the dean will
establish a regulation regarding
a. exemption of duties for members of the personnel section,
b. training, and
c. the faculty council’s budget, as incorporated in the faculty’s budget.
4. The faculty council shall convene during normal working hours whenever
possible.
5. This Article applies mutatis mutandis to the educational committees.
Article 10.2 Experts
1. The faculty council can invite one or more experts to attend meetings of the
faculty council with a view to the discussion of a particular subject.
2. Persons as referred to in the previous paragraph will be provided with the
agenda of the relevant meeting and the necessary documents in a timely
fashion.
3. An expert can also be invited to provide advice in writing.
4. If costs are involved in inviting an expert, these should in principle be charged
to the budget of the faculty council.
Article 10.3 Right to information
Art. 36 in
conjunction with
Art. 29 para 5
1. At the beginning of the academic year, the dean provides the faculty council,
in writing, with basic information concerning the composition of the
management team, the organisation within the faculty, and the main lines of
the already approved policy. The dean informs the council at least once a
year in writing of the policy (s)he has pursued and of the policy proposals for
the faculty in the coming year regarding finance, organisation, and education.
The dean informs the faculty council without delay of intentions concerning
matters described in the faculty’s Strategic Plan. Furthermore, the dean
provides the faculty council in a timely fashion, at its own request or
otherwise, with any information that it needs in fairness for the proper
performance of its duties.
2. Information and data are provided in writing, if so desired.
23
3. The dean provides information as soon as possible, but not later than three
weeks after the faculty council’s request has reached the dean. Exceeding
this period is only possible as an exception and motivation of the delay must
be communicated to the faculty council before the expiry of the period.
4. The faculty council informs the dean in a timely fashion of its wish to receive
supplementary information in or before a meeting.
Article 10. 4 Obligation of confidentiality
1. The members of the faculty council and the experts consulted in accordance
with Article 10.2 are obliged to observe confidentiality in all matters of which
they are informed in their capacity with regard to which the dean or the faculty
council have either imposed confidentiality or of which the confidentiality
should be understood.
2. The person who imposes confidentiality at the same time states what written
or oral information fall under the obligation to confidentiality and the period of
confidentiality and also whether there are person with respect to whom there
is no obligation to confidentiality. When the reasons for confidentiality no
longer exist, the person who has imposed it will communicate this to the
persons involved as soon as possible.
3. If, in the opinion of a majority of the faculty council, a member of the faculty
council has infringed the obligation to confidentiality imposed by virtue of the
first paragraph of this Article or if the dean is of the opinion that a member
has not observed an obligation to confidentiality imposed by him/her, the
chairperson of the faculty council will issue a warning to the person
concerned. If, regarding the same member of the faculty council, an
infringement of the obligation to confidentiality is established for the second
time, the person concerned will be excluded from the closed (parts of the)
meetings and from the provision of information that is subject to
confidentiality.
4. The obligation to confidentiality does not lapse through the termination of
membership of the faculty council, nor by the conclusion of the relation of the
person concerned with the faculty.
Article 10.5 Duties of the secretary
1. It is the duty of the secretary to convene the faculty council, to prepare the
agenda, and to keep minutes of the meetings, and to manage the
correspondence and the documents received by the faculty council as well as
outgoing documents.
2. The agenda of a meeting and the accompanying documents are sent to the
members at least two weeks prior to the meeting.
3. Minutes are kept by the secretary of every faculty council meeting. The
secretary sends these minutes for approval to the members of the faculty
council.
Art. 36 in
conjunction with
Art. 29 para 7
4. The faculty council ensures that the agendas and minutes of the council=s
meeting are sent to the dean and to any commissions referred to in Article
10.7 and 10.8, and are deposited for public inspection in a generally
accessible location at the faculty for the benefit of interested persons.
24
Article 10.6 Annual report
Art. 36 in
conjunction with
Art. 29 para 7
The faculty council reports annually on its activities and ensures that all persons
involved in the faculty can examine the report.
Article 10.7 Advisory committees
1. The dean will give personnel and students the opportunity, if they wish, to
establish separate commissions for different categories or groups of
personnel, and a student commission. Such a commission is competent, if
requested to do so or on its own initiative, to give advice to the faculty council
on business particularly affecting the commission concerned.
2. At the request of a commission, the faculty council informs the dean in writing
of written advice as referred to in the first paragraph. The provisions in Article
9.6 apply mutatis mutandis with respect to such written advice.
3. As a rule, the dean or a member of the management team attends the
meetings of the commission in order to provide the necessary information
and to explain it if necessary or desirable. The dean or the member of the
management team may let advisers assist or replace them.
Art. 36 in
conjunction with
Art. 29 para 7
4. The faculty council gives the commissions the opportunity, at least once a
year, to consult with him on business that particularly affects the commission
concerned.
Article 10.8 Council committees
1. Without prejudice to the provisions in the previous Article, the faculty council
can establish committees to prepare business to be dealt with by the faculty
council. Such a committee cannot exercise faculty council powers, nor be
subrogated to the rights of the faculty council.
2. As a rule, the dean or a member of the management team attends the
meetings of the committee in order to provide the necessary information and
to explain it if necessary or desirable. The dean or the member of the
management team may let advisers assist or replace them.
Article 10.9 Standing rules
1. With due observance of the provisions in these Faculty Regulations, the
faculty council may draw up standing rules for dealing with matters of day today business.
2. The faculty council in any case regulates the allocation of resources made
available by the dean for the council and any committees as referred to in
Articles 10.7 and 10.8.
25
CHAPTER 11
FACULTY COUNCIL MEETINGS
Article 11.1 Meetings
1. In order to perform its duties, the faculty council convenes in any event in the
following cases:
a. as soon as possible prior to a consultation meeting to be held, as referred
to in Article 12.1,
b. at the request of the chairperson of the faculty council, and/or
c. at the request of a minimum of three members of the faculty council.
2. The chairperson determines the time and place as regards the meeting as
referred to in the first paragraph, under b. A meeting as referred to in the first
paragraph, under c., will be held within two weeks after the request has
reached the chairperson.
Article 11.2 Quorum
1. Valid resolutions can only be taken in the presence of more than half of the
total number of members. In determining the number of members, vacancies
will not be taken into account.
2. If the required number of members is not present, the items concerned will be
deliberated and decided on in the next meeting, irrespective of the number of
members present.
Article 11.3 Decision-making
1. Matters which have been submitted to the faculty council by the dean will not
be decided by the faculty council until the dean has been given the
opportunity to explain and, if necessary, to consult with the faculty council,
unless the dean and the faculty council have agreed otherwise.
2. Unless, by virtue of legal provisions or provisions in these regulations, a
different majority is required, decisions are made by a simple majority of the
number of valid votes cast, whereby a blank vote is not considered to be a
valid vote. If the chairperson has not been chosen from among the members
of the faculty council, he/she does not have the right to vote.
3. A vote by ballot takes place at the request of at least one of the members
present at the meeting.
4. The members of the council are not bound by a mandate, instructions, or
consultations when casting their vote.
Article 11.4 Equal division of the votes
1. If the votes are equally divided, the chairperson will suspend the meeting.
After suspension, the deliberations are reopened, followed by a renewed
vote.
2. After the deliberation referred to in the previous paragraph, it may be
decided, in derogation of the provisions there, to adjourn the item on the
agenda.
26
3. If the votes are again equally divided after the second ballot, whether or not
after suspension, the proposal will be considered as not adopted.
Article 11.5 Public access to the meetings
1. The meetings of the faculty council are public, unless the faculty council, in
view of the nature of the matter, decides otherwise. Reasons must be stated
for a decision to hold a closed meeting.
Art. 36 in
conjunction with
Art. 29 para 6
2. If, in a particular meeting or a part of it, a specifically personal interest of one
of the Council’s members is at issue, the faculty council can decide that the
member concerned does not participate in that meeting of that part of the
meeting. The council then also decides that the matter concerned is dealt
with in a closed meeting.
3. As regards the items dealt with in a closed (part of a) meeting those present
will be expected to observe confidentiality pursuant to the provisions in Article
10.4.
4. The minutes of a closed (part of a) meeting will be confidential.
5. The chairperson decides in what wording decision taken in a confidential
(part of a) meeting will be made public, unless confidentiality has been
imposed pursuant to the provisions in Article 10.4.
27
CHAPTER 12
CONSULTATIONS MEETINGS FACULTY COUNCIL AND DEAN
Article 12.1 Consultation meeting
1. As a rule, the dean and the faculty council have six meetings a year,
hereinafter referred to as consultation meetings.
Art. 36 in
conjunction with
Art. 29 para 1
2. Furthermore, the dean and the faculty council meet if they are requested to
do so, stating reasons, by the dean, the council, the part of the council that
was chosen by and from among personnel, or the part of the council that was
chosen by and from among the students.
Art. 36 in
conjunction with
Art. 29 para 1
3. At least twice a year, the dean gives the faculty council the opportunity to
discuss the general state of affairs within the faculty with him/her.
4. In the consultation meeting, the faculty’s business is discussed with respect
to which either the dean or the faculty council considers consultation
desirable or regarding which consultation between the dean and the faculty
council must take place pursuant to or on the basis of provisions in the
Structure Regulation or these regulations.
Article 12.2 Working method in consultation meeting
1. The dean may be assisted by advisers.
2. The meeting is chaired by the chairperson of the faculty council or his/her
deputy, unless different agreements have been made for this with the dean.
3. The agenda of the meeting contains business which have been entered
before the meeting by the dean, the faculty council, or one of its sections.
Minutes will be made of every consultation meeting.
4. A consultation meeting will be suspended by the chairperson if the dean or
the faculty council consider separate consultation desirable with respect to a
particular matter.
5. The dean and/or the faculty council can invite one or more experts for a
meeting for the discussion of a particular subject. The provisions in Article
10.2 apply mutatis mutandis.
6. The provisions in Chapter 11 apply mutatis mutandis.
28
PART IV
OTHER PROVISIONS
29
CHAPTER 13
LEGAL PROTECTION
Article 13.1 Central Desk for Disputes and Complaints
1. The Central Desk for Disputes and Complaints has been established in
accordance with Article 7.59a of the HERA. It is an effective facility and
accessible to all. Interested parties may lodge a complaint, appeal or
objection against a decision taken by a university entity (or against the failure
of an entity to come to a decision) in accordance with applicable legislation or
regulations. This may be done in writing or online.
2. ‘Interested parties’ as referred to in the first paragraph include students,
prospective students, former students, students with partial enrolment,
prospective students with partial enrolment and former students with partial
enrolment.
3. Complaints, appeals and objections will be processed in accordance with the
procedure established in Chapter 4 of the management and control
regulations.
30
CHAPTER 14
FINAL PROVISIONS
Article 14.1 Effective date / revocation of the previous faculty regulations
1. These regulations take effect on the day after the Executive Board has
approved them.
2. With the entry into effect of these regulations, the previous faculty regulations
cease to have effect as well as the provisional faculty council regulations as
approved by the Executive Board on 22 December 2009.
31