EL PASO COMMUNITY COLLEGE PROCEDURE For information, contact Institutional Effectiveness: (915) 831-2614 6.00.02.14 Articulation Agreements of Academic and Career/Technical Courses/Programs with PostSecondary Institutions APPROVED: September 27, 1996 REVISED: April 12, 2013 Year of last review: 2013 AUTHORIZING BOARD POLICY: 6.00.02 Designated Contact: Director of Curriculum and Instructional Development OBJECTIVE: To establish the mechanism and criteria for entering into an agreement with post-secondary institutions under which the transfer of academic and career/technical courses/programs with postsecondary institutions is initiated, approved, and maintained. PROCEDURE: I. II. Definitions A. The articulation of academic and career/technical courses/programs with postsecondary institutions is a process that provides for the transfer of equivalent college credit between the El Paso County Community College District (EPCCCD) and other postsecondary institutions (PSI). B. The Articulation Agreement (see attached Articulation Agreement Template) is formalized by a Letter of Transferability (LOT) that confirms the mutual intent of both institutions to pursue course/program transfer. The LOT delineates mutually agreed upon conditions and transfer criteria. C. The LOT specifies courses, programs, or degree areas that both the EPCCCD and the PSI agree to use for a credit exchange based on the matching of competencies. A LOT indicates each specific or general area in which transfer credit is to be awarded. A LOT involves courses, programs, degree plans, or other general areas that require deliberation between two institutions to mutually agree upon credit exchange. D. LOTs are not ordinarily appropriate when course or program transfers are legislated or occur without impediment (such as core curriculum or fields of study within the State of Texas) or without potential impediment in the regular process of transfer. (Refer to College Procedure 7.01.01.18 Evaluation of Transfer Credit). E. Ordinarily, one institutional Articulation Agreement is signed for each PSI, although there may be several general or program-specific LOTs related to each such agreement. Responsibilities A. The Articulation Agreement will be signed by the Presidents of the two institutions and any other appropriate personnel in order for a LOT to be initiated. B. The Office of Curriculum and Instructional Development as designated by the President of the EPCCCD is the liaison coordinating, facilitating, implementing, and following up on articulation activities, as well as distributing completed articulation documents to appropriate personnel at both institutions. C. Deans, Executive Directors, Directors and Coordinators are responsible for the development, negotiation and reviews of Articulation Agreements and LOTs for programs under their responsibility. D. With the mutual agreement of appropriate personnel, based on input from faculty at both institutions, Articulation Agreements and LOTs should be reviewed and updated as needed every two years in order to reflect any changes in course competencies, content, or other concerns. New signatures and the new effective date will be required. Any and all LOTs authorized by a given Articulation Agreement remain valid unless canceled by the appropriate administrative representative of the Office of Curriculum and EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity. Page 1 of 2 Instructional Development or until the Articulation Agreement itself is rescinded in writing (with a presidential signature) by either institution. III. E. The Office of Curriculum and Instructional Development will review the LOTs to ensure accuracy and to assist in avoiding any unforeseen problems, will report any findings to the appropriate Vice-President, and will serve as the official repository of finalized articulation documents. F. The Office of Curriculum and Instructional Development will have the primary responsibility of disseminating the relevant information from the LOTs to the appropriate College offices, which in turn will share it with students and assist them in their articulated transfer efforts. The Process A. The process will begin when a need has been identified by either institution. However, only those individuals designated in Section II. C of this College procedure are authorized to negotiate Articulation Agreements and/or LOTs. B. In the case of a PSI contacting the EPCCCD to initiate articulation proceedings, the Office of Curriculum and Instructional Development will contact the Deans, Executive Directors, Directors and Coordinators whose areas contain the target program(s) to inform them of the request, elicit their response, and if appropriate, instruct them to set up a committee of relevant program or course representatives to work with the PSI (See Section II. C of this College procedure). C. If one does not exist already, an Articulation Agreement must also be prepared. The appropriate representatives of the two institutions need to prepare the Articulation Agreement because a LOT has no validity without such an agreement. The attached Articulation Agreement Template is the standard format for agreements and LOTs. Exceptions to the standard template must be approved by the Office of Curriculum and Instructional Development and the appropriate Vice President, who are responsible for ensuring that the required information from the template is included. D Once an Articulation Agreement and any LOTs are ready, the Office of Curriculum and Instructional Development will coordinate the final signing of these documents in a timely fashion. E. In the process of updating LOTs subsequent to the approval of an initial Articulation Agreement, if disagreements emerge that jeopardize the completion of such revisions, then the matter should be referred to the appropriate higher administrative levels at both institutions in an effort to resolve it (see Section II. D of this College procedure). If the matter still cannot be resolved and is deemed a sufficiently serious and unwarranted obstacle to the spirit of the articulation process as indicated in the Articulation Agreement, the EPCCCD may choose to cancel the original Articulation Agreement with presidential involvement, an action which will in effect cancel all other LOTs authorized by the said agreement. F. All official articulation documents will be housed and catalogued in the Office of Curriculum and Instructional Development. The Office of Curriculum and Instructional Development will make the appropriate information available to the College departments that deal directly with students. The Deans will also maintain copies of LOTs for areas under their jurisdiction. In addition, official copies will be sent to the appropriate offices at the PSI, if the EPCCCD is the final party to sign the documents. G. Students will be granted transfer credit based upon the terms of the Articulation Agreement as stipulated in the appropriate LOTs. If students encounter problems in the articulated transfer process, they may go directly to the appropriate Dean/Executive Director for assistance. The Dean/Executive Director can further involve the Office of Curriculum and Development, if needed. The Office of Curriculum and Development may also be involved in an advisory capacity at any stage of the conflict/resolution process, as necessary. An appeal of the Dean/Executive Director’s decision can be made to the appropriate Vice-President. H. In situations involving failed efforts to resolve student conflicts in the articulated transfer process, the Presidents of both institutions will be the final arbiters. I. Because significant numbers of our transfer students meet the requirements to attend nearby universities, the Office of Curriculum and Instructional Development will also coordinate special joint articulation efforts in the form of ongoing committees consisting of representatives from the relevant departments and programs. The leadership of these committees can coordinate all articulation efforts involved in the process discussed in this section. If the need arises, similar committees may be established with other PSI’s. EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity. Page 2 of 2 For College Procedure 6.00.02.14: Articulation Agreements of Academic and Career/Technical Courses/Programs with Post-Secondary Institutions EL PASO COMMUNITY COLLEGE ARTICULATION AGREEMENT TEMPLATE This Articulation Agreement is entered into by (name of Post-Secondary Institution), hereunto referred to as PSI, and the El Paso County Community College District (EPCCCD), a political subdivision of the State of Texas, doing business as El Paso Community College (EPCC). RECITALS A. The Parties desire to establish Programs and relationships that will inure to the benefit of their respective students, including a Transfer Program, and 2+2 Agreements, Letter of Transferability (LOTs) and Articulation Agreements. B. This Agreement constitutes the framework pursuant to which the Parties will document their agreements regarding the Programs and other relationships that they will establish in cooperation with each other. C. The Parties contemplate that for each Program or relationship that is governed under this Agreement, there may be separate Addendums, except that existing and future Articulation Agreements will not become Addendums. AGREEMENT 1.0 Effective Date. The Effective Date of this Agreement is the date it is signed on behalf of (name of PSI) and the EPCCCD. 2.0 Defined Terms. The capitalized terms used in this Agreement, and its Amendments, are "Defined Terms" and will have the meanings indicated in this Agreement. 3.0 PSI Services. The nature of the services to be provided by the PSI as part of the Programs contemplated by this Agreement are set forth in this Agreement. 4.0 EPCCCD Services. The nature of the services to be provided by the EPCCCD as part of the Programs contemplated by this Agreement are set forth in this Agreement. 5.0 Termination. This Agreement can be terminated under the following conditions, including the protection for students enrolled in the Programs of the Parties: 5.1 If either Party desires to terminate this Agreement before the conclusion of an initial Term of this Agreement, that Party will give notice six (6) months in advance of the intended termination date. All students of each Party that are enrolled in any Academic Program at the time of termination of this Agreement shall be permitted to complete the term or semester then in progress, and may have additional rights as may be set forth in specific Addendums. 5.2 Termination of this Agreement will result in the termination of all associated Addendums. 6.0 Renewal. This Agreement will be renewed if the parties, after negotiations, so decide. 7.0 Applicable Law and Venue. This Agreement, including all Addendums, Exhibits and other Amendments, shall be construed in accordance with the laws of the State of Texas. Any litigation regarding this Agreement will take place in the United States District Court, Western District of Texas, El Paso Division. 8.0 Documentation of Programs. When the Parties desire to subject any of their respective existing Programs to this Agreement, create joint or other new Programs or create other relationships between the Parties, they will prepare an Addendum that sets forth details regarding each such Program. EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity. Page 1 of 3 9.0 Consideration. Each Addendum will describe any compensation and other consideration, that the Parties will receive for services rendered pursuant to such Addendum. 10.0 Accounting. Each Addendum will describe how each Party will account for any services it renders and consideration paid or received pursuant to such Addendum. 11.0 Approvals. If required by law or by an Accrediting Agency of a Party: (i) this Agreement will be submitted by that Party to governmental agencies of the United States of America, to the Higher Learning Commission (HLC), and to any other Accrediting Bodies with jurisdiction over a Party's Program that is governed by this Base Agreement. Each Party will notify the other Party of all such approving Accrediting Bodies or other entities and will provide written evidence of such approval. No Program will be implemented under this Agreement until all required approvals are obtained and written evidence of approval provided to the other Party. The Addendums may include additional provisions related to the approval of the Programs governed by those Addendums. 12.0 Internal Approvals. Each Party will follow all of the procedures established by its internal governance structure for approval of this Agreement, the Programs governed by this Agreement, and the Amendments or Addendums to this Agreement, and any of the agreements entered into by the Parties, and will provide evidence of that compliance to the other Party upon request. 13.0 Notices. All Notices required to be given under this Agreement and its Amendments must be in writing, and will be deemed to have been properly given if: 13.1 Hand delivered by a commercial delivery service, and the delivery service provides to the sending Party written evidence of the delivery of the Notice; or 13.2 Delivery by electronic or fax communications. Such notices will be sufficient if given to the officer of the Party at the address, email or fax number shown below: If to partnering PSI: (Name of Partnering PSI) Attention: (Name of Authorized Representative at PSI) (Title of Authorized Representative at PSI) (Office/Department Name) Mailing Address City, State, Zip Telephone Number: __________________ Facsimile Number: ___________________ Email Address: _____________________ If to EPCC: El Paso Community College Attention: (Name of Appropriate Vice President of Instruction) P. O. Box 20500, El Paso, TX 79998 Telephone Number: __________________ Facsimile Number: ___________________ Email Address: _____________________ 14.0 No joint venture. Neither this Agreement nor any act of a party pursuant to this Agreement will be construed to create any partnership, joint venture, or agency relationship between the parties, nor will a party hold itself out to be vested with any power or right to bind another party contractually or to act on behalf of another party. 15.0 Entire Agreement. This is the entire agreement of the parties regarding its subject matter, and supersedes all prior and contemporaneous oral or written agreements and representations between the parties and/or their representatives, except for existing Articulation Agreements. 16.0 Amendments. No amendment to this Addendum will be effective unless in writing and signed by authorized representatives of the (name of PSI) and the EPCCCD. 17.0 Force Majeure. No party will be deemed in default under this Agreement or its Addendums due to an inability to perform the party’s obligations by reason of any fire, earthquake, flood, substantial snowstorm, epidemic, accident, explosion, casualty, strike, lockout, controversy, riot, civil disturbance, act of public enemy, embargo, war, act of God, EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity. Page 2 of 3 or any municipal, county, state or national ordinance or law, or any executive, administrative, or judicial order (which order is not the result of any act or omission which would constitute a default hereunder), or any failure or delay of any transportation, power, or communications system or any other or similar cause beyond that party's control. 18.0 Assignment. Neither the (name of PSI) nor the EPCCCD will assign its rights or duties under this Agreement or its Addendums, directly or indirectly, in whole or in part, without the prior written consent of an authorized representative of the other party, which consent shall be within the sole discretion of the requested party. An EPCC student may not assign his or her rights or duties under this Agreement or its Addendums, directly or indirectly, in whole or in part. 19.0 Severability. Should any portion of this Agreement or its Addendums be found invalid by a court of competent jurisdiction, the remainder of the Agreement and its Addendums will continue in full force and effect. 20.0 No Third Party Beneficiary. This Agreement or its Addendums are intended solely for the mutual benefit of the parties hereto, and there is no intention, express or otherwise, to create any rights or interests for any party or person other than the EPCCCD, or the PSI. 21.0 Facsimile Signature. Any Addendum or Amendment to this Agreement may be executed by facsimile signature which shall be deemed to be an original signature. 22.0 Representations and Warranties. 22.1 Each Party represents and warrants that it is legally qualified to enter into this Agreement and will be legally qualified to enter into each Addendum which it signs pursuant to this Agreement. 22.2 Each Party and the person who executes this Agreement on behalf of that Party, represents and warrants that said person has full authority to bind that person’s Party, and each Party represents and warrants that each person who signs an Addendum or other Amendment on behalf of that Party will have full authority to bind such Party. PSI: EPCCCD: By:____________________________________ PSI Representative Title By:__________________________________ EPCCCD President Date:__________________________________ Date:________________________________ EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity. Page 3 of 3