COLLABORATIVE AGREEMENT
between
UNIVERSITY COLLEGE DUBLIN
and
[NAME OF COLLABORATIVE INSTITUTION]
DRAFT date
Note:
All Draft Collaborative Agreements should be forwarded to UCD Corporate and Legal Affairs Secretary’s Office for
approval, prior to signing. Collaborative Agreements involving international partners must also be approved by the
Academic Council Committee on Internationalisation (ACCI). When the final agreement has been approved, a copy
should be emailed to programmes@ucd.ie. This will be used to ensure that UCD Registry has all requisite information to
support the specific requirements of each collaborative programme.
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COLLABORATIVE AGREEMENT
THIS AGREEMENT is made the [ ] day of [
]
BETWEEN
(A)
Name of Collaborative Institution of [ADDRESS] (hereinafter referred to as “XYZ”)
and
(B)
University College Dublin, National University of Ireland, of Belfield, Dublin 4, (hereinafter referred
to as “UCD”).
WHEREAS
(A)
UCD has the power under NUI Statute No 263 to award degrees and other qualifications jointly with
another university or universities, or other higher education institution(s), in the State or elsewhere,
and
(B)
XYZ and UCD wish to set out their mutual agreement in relation to the provision of a [insert award
type e.g. joint award, franchise award etc.] (hereinafter referred to as “the Programme(s)”) as listed
in Schedule Two.
IT IS AGREED AS FOLLOWS
1.
Scope of the Agreement
XYZ and UCD shall jointly offer a programme of study leading to a [insert award type] award. The
details of [this programme/these programmes] are listed in Schedule Two.
2.
Roles and Responsibilities
The respective roles and responsibilities of UCD and XYZ in relation to the Programme(s) are set out
in Schedule One to this Agreement.
3.
Structure of the Programme(s)
a) The structure of the programme(s) is set out in Schedule Two of this Agreement, e.g.
i. The award and title
ii. Length of programme
iii. Programme structure
iv. Curriculum
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v.
vi.
vii.
viii.
ix.
Learning outcomes
Assessment strategy
Language of tuition
Credit framework
Regulatory framework
b) Programme admission requirements are specified in Schedule Three of this Agreement.
c) Changes to the programme(s) structure must be approved by the UCD Programme Board and its
XYZ equivalent, which will make recommendations to the respective Academic/Governance
Committees of each institution, following normal institutional procedures.
4.
Quality Assurance Arrangements
UCD and XYZ will cooperate in collating all of the information needed and participate in quality
review events to meet the requirements of internal quality review and external bodies or other
professional and statutory bodies.
5.
Financial Arrangements
The financial arrangements between XYZ and UCD in relation to the programme are set out in
Schedule Four.
6.
Indemnity and Liability
Each institution shall indemnify and keep indemnified its own staff, students and agents against
claims arising under this Agreement. Neither institution shall be liable for any act, omission, neglect,
default, loss, damage, personal injury or theft arising from the actions of the staff, students and
agents of the other institution. See Schedule Five – Insurance.
7.
Intellectual Property Rights
a) The intellectual property rights of material developed by each institution shall remain the
property of that institution.
b) Both parties shall agree that wherever possible strict confidentiality will be observed in all
communications relating to portable or potentially commercially valuable intellectual property
created within the programme(s). Notwithstanding, UCD is subject to the Freedom of
Information Act (1997 and 2003) and may disclose confidential information in compliance with
that Act and shall take all reasonable steps to give XYZ prior written notice before any such
disclosure. XYZ shall take reasonable steps to give UCD prior written notice before any disclosure
of information is made under any equivalent legislation.
8.
Other Rights and Responsibilities of the Partners
a) Identification of restrictions in the relationship.
b) Responsibility for official communication with other validating bodies or Professional, Statutory
or Regulatory Bodies by each organisation.
c) Responsibility of each organisation for making returns for national (and other) agencies.
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9.
Dispute Resolution
In the event of any dispute arising in respect of any provision of this Agreement, the dispute shall be
referred to the Registrar of UCD and the Registrar (or equivalent officer) of XYZ, who may resolve
the dispute or appoint an independent arbitrator for that purpose.
10.
Duration
a) This Agreement shall be effective as from [insert date] and shall be for an initial period of X
years. It shall be subject to review by UCD and/or XYZ before expiry of the Agreement and a
decision as to whether to continue or terminate will be made at least six months prior to the
expiry of the Agreement.
b) The administrative arrangements for this Agreement shall be reviewed annually by the relevant
UCD Programme Board and its XYZ equivalent.
c) If the Agreement is not terminated after X years, it shall continue on these terms for a period of
a further X years, subject to a satisfactory periodic review.
11.
Termination
a) Either party upon 12 months’ written notice may terminate this Agreement. In the event of the
termination of the Agreement, both institutions will undertake to fulfil their obligation to
residual students who have yet to complete the programme(s) of study. This may include
providing the necessary support to enable students to complete the Programme(s) within a
reasonable period of time.
b) It is also agreed and understood between the institutions that should either one fail to perform
the obligations of this Agreement due to any factor beyond their control, the Agreement may be
terminated by written notice from the said institution and upon receipt of such notice by the
other institution.
c)
In the event of one party being in material default of agreement –
i. If it is possible for the breach to be remedied, the other party shall serve a notice upon
the party in default requiring the breach to be remedied within 21 days or such other
reasonable time as may be appropriate.
ii. If the party in default fails to remedy the said breach within the time set out in the
notice above, then, or in the case of the breach being not capable of being remedied,
the other party may terminate this agreement upon less than 21 days’ notice in writing.
12.
Force Majeure
a) Neither party shall be liable to the other nor deemed in default under this Agreement, if and to
the extent that such party’s performance of this Agreement is prevented by reason of Force
Majeure.
b) The Force Majeure shall be deemed to commence when the party declaring Force Majeure
notifies the other party of the existence of the Force Majeure (unless the other party already
knows or ought to know of the existence of the Force Majeure), and shall be deemed to
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continue as long as the results or effects of the Force Majeure prevent the party from resuming
performance in accordance with this Agreement. If either party is delayed at any time by Force
Majeure, then the delayed party shall notify the other party in writing of such delay within 48
hours.
13.
Notice and Other Communication
All notices, requests, demands, approvals or consents, or other communications hereunder shall be
in writing and shall be deemed given if delivered by email/electronic communication, in person or by
recognised courier or mailed postage-prepaid to the appropriate party at the address below:
For UCD:
University College Dublin
National University of Ireland, Dublin
Belfield
Dublin 4, Ireland
Attn:
Email: officeoftheregistrar@ucd.ie
Fax:
For XYZ:
XYZ
Address
Address
Attn:
Email:
Fax:
14.
Governing Law
This Agreement shall be governed by and shall be read and construed in all respects in accordance
with the laws of the Republic of Ireland and [partner country]. In the event of there being a conflict
in the said laws, the parties (or the arbitrator) may select one or other jurisdiction to apply to the
dispute which shall give greater effect to the Agreement or be fairer between the parties or
represent the interests of the defending party more fairly as they or s/he shall see fit.
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IN WITNESS WHEREOF the parties have entered into this agreement
SIGNED BY Dr Hugh Brady
President
_______________________
for and on behalf of
University College Dublin
National University of Ireland, Dublin
in the presence of:____________________
____________________
____________________
Date: __________________
SIGNED BY [INSERT]
President
_______________________
for and on behalf of
XYZ
in the presence of:____________________
____________________
____________________
Date: ____________________
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SCHEDULE ONE: ROLES AND RESPONSIBILITIES OF UCD AND XYZ
1.
Programme Management
a) A Programme Committee – with representatives from UCD and XYZ – will be responsible for the
academic management of the programme(s) and will be constituted through co-ordination
between the relevant staff in both UCD and XYZ, in consultation with the relevant unit(s) and
committees within each institution. The Programme Committee will make recommendations
regarding all matters to the relevant governing boards and committees within each institution –
including [name of specific boards/committees in both UCD and XYZ]. The Programme
Committee will also be responsible for student pastoral support and guidance in consultation
with appropriate offices in both institutions.
b) A Programme Chair will be jointly appointed by UCD and XYZ. The Chair will be responsible for
the management of academic aspects of the programme in consultation with the Programme
Committee and the relevant governing boards and committees in both UCD and XYZ. The
Programme Chair will represent the Programme Committee at the relevant board and
committee meetings in both institutions. A Programme Vice-Chair may be appointed to assist
the Programme Chair in managing these responsibilities. In such instances the Programme Chair
and Vice-Chair shall come from separate institutions. Minutes of the meetings of the
Programme Committee will be submitted to the relevant boards and committees in both UCD
and XYZ.
c) A Programme Examination Committee will be established by the Programme Committee in
consultation with the relevant governing boards and committees within each institution which
will determine the recommendations to be made to the appropriate board or committee in both
institutions in respect of students' grades and of the award of the degree.
d) It will be the responsibility of the Programme Committee, in consultation with the relevant
boards and committees in both UCD and XYZ, to ensure that the respective quality assurance
processes are complied with. A meeting of the Programme Committee will be dedicated
annually to the review of the programme and will report to the appropriate authority in each
institution accordingly.
2.
Modules
Modules are owned and are the property of the institutions responsible for their academic
development and delivery. Each institution will retain the right to use, modify and develop any
material prepared for the modules, consistent with the overall content and learning outcomes of the
programme, and subject to approval by the Programme Board. The intellectual property rights of
material developed by each institution shall remain the property of that institution. Modules
developed by any third party shall be subject to the validation, accreditation and quality assurance
procedures of UCD and XYZ.
3.
Admissions
a) The Programme Committee, following consultation with the relevant unit(s), boards and
committees within each institution, shall agree the target intake of students.
b) Applicants will apply for the programme(s) on an approved application form to UCD/XYZ. The
Programme Committee may establish an Admissions sub-committee to recommend approval or
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rejection of applications to the relevant board or committee within each institution, as
appropriate. UCD/XYZ will process the letters of offer.
c) The admissions criteria are attached in Schedule Three. Late applications may be considered at
the discretion of the Programme Committee.
4.
Registration and Fees
a) Students admitted to the programme(s) shall be registered with UCD/XYZ. Registration
information will be shared between both institutions. Students shall be entitled to the privileges
and subject to the duties and responsibilities of students of UCD/XYZ.
b) Duplicate student records will be maintained by each institution. Each institution shall comply
with the relevant Data Protection legislation in relation to the confidentiality of any personal
data held by them.
c) Officers responsible for student records in both institutions will consult as necessary to ensure
the accuracy of student records and internal and external management returns.
d) The Programme Committee will consider cases for deferral and may permit a student to defer in
any semester upon written request in accordance with the procedures of UCD.
e) Details of financial arrangements between the two institutions, including tuition fees if
applicable, are attached in Schedule Four.
5.
Student Progression
a) Day-to-day matters to do with student progression and welfare will be handled by the
Programme Committee and by the relevant offices in UCD/XYZ.
b) Student progression will be subject to the regulations of UCD/XYZ and will be monitored by the
relevant office on behalf of the Programme Committee and the relevant board or committee in
UCD and XYZ.
c) It will be the responsibility of UCD/XYZ to ensure that the relevant offices in both institutions are
informed in a timely manner of all matters to do with student progression.
d) Students who have successfully completed the programme may attend a graduation ceremony
at UCD/XYZ or receive their award at UCD/XYZ.
6.
Student Discipline Code, Complaints and Appeals
a) Students are subject to the Discipline Codes of both institutions. Students will be expected to
familiarise themselves with the relevant regulations. With respect to specific modules, students
will be subject to the relevant regulations of the delivering institution. With respect to general
student behaviour, the students will be subject to the relevant regulations on whose site they
are present.
b) Matters relating to student discipline shall be considered by the Programme Committee in the
first instance. If applicable, the Programme Committee will decide under which institution’s
discipline code the case will be considered.
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c) A report on the outcome of the disciplinary matter shall be forwarded to the other institution.
d) Student complaints will be processed under the scheme in the institution in which the complaint
has arisen. The outcome of the complaint shall be reported to the other institution.
e) In the event of an appeal of assessment made by any student, it will be considered under the
regulations of the institution responsible for assessing the module concerned. The other
institution will be consulted in the process and will receive a full report on any appeal.
7.
Examination Arrangements
a) The Programme Examination Committee will determine the recommendations to be made to
the relevant board or committee in UCD/XYZ in respect of students progressing and of the
award of the degree. Prior to each meeting the Programme Committee will convene, along with
the nominated external examiner(s), to review examination scripts/assignments/dissertations
and endorse the examination results to be submitted to the relevant board or committee at
UCD/XYZ.
b) The nomination and approval of a programme external examiner will be subject to agreement by
UCD/XYZ. The cost of the fees and expenses of external examining will be met (shared
equally/percentage split/wholly?) by UCD/XYZ.
8.
Quality Assurance Arrangements
a) The programme(s) of study will be subject to the normal quality assurance processes operated
by each institution, as specified in Schedule Six.
b) It will be the responsibility of the Programme Committee, in consultation with the relevant
boards and committees in both UCD and XYZ, to ensure that the respective quality assurance
processes are complied with.
c) A meeting of the Programme Committee will be dedicated annually to the review of the
programmes and will report to the appropriate authority in each institution, accordingly.
9.
Awards – Parchments and Transcripts
a) Students who meet the requirements of the programme shall be awarded a UCD/XYZ degree.
b) UCD/XYZ shall be responsible for the production of parchments, transcripts, and/or Diploma
Supplements as well as all other relevant documentation pertaining to the certification of the
degree award(s).
10.
Marketing and Advertising
a) UCD/XYZ must approve, in advance, material to be used for marketing, publicity, advertising and
other promotional purposes.
b) The logos of both institutions will be afforded parity of esteem and placement in any such
material.
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11.
Staff
a) Each institution shall be responsible for ensuring the availability of appropriately qualified
teaching and support staff to maintain and deliver the programmes.
b) Each institution will be responsible for its own staff development. Joint activities, including
research exchanges, are to be encouraged.
c) Recognised teachers from XYZ shall not/shall be entitled to (the following specified) benefits
from UCD and vice versa.
12.
IT Support
Each institution will be responsible for its own staff and student IT provision and support. However,
infrastructural developments to facilitate the web-based or remote delivery of modules by both institutions
may be jointly progressed, and any such development to be subject to a separate agreement, in line with
the overall ethos of joint ownership, responsibility and benefit.
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SCHEDULE TWO - STRUCTURE OF THE PROGRAMME(S)
To be inserted
(e.g. Programme Specification)
a)
b)
c)
d)
e)
f)
g)
h)
i)
The award and title
Length of Programme
Programme structure
Curriculum
Learning outcomes
Assessment strategy
Language of tuition
Credit framework
Regulatory framework
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SCHEDULE THREE – ADMISSIONS CRITERIA
To be inserted
a) General Requirements
i. Age
ii. Matriculation
iii. Admission
iv. Eligibility: residence and education
v. Assessment of application
vi. Etc.
b) Specific/Additional Requirements
i. Subjects/qualifications
ii. Grades/points
iii. English language – IELTS score of XX with a minimum of XX in each component
iv. Etc.
c) Other requirements
i. Deferred admission
ii. Important dates/deadlines for applicants
iii. Etc.
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SCHEDULE FOUR - FINANCIAL ARRANGEMENTS
To be inserted
a) Tuition fee level / Collection and bank transfer arrangements
b) Percentage Split of Income and the timing of transfers in the specified currency
c) Responsibility for costs e.g.
i.
ii.
iii.
iv.
v.
Travel and subsistence
Quality review
External examiners
Registry support
UCD and XYZ lecturer costs and payments
d) Role of UCD Finance Office and UCD Internal Audit / Role of appropriate officer(s) in XYZ
e) Review of student numbers on an annual basis
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SCHEDULE FIVE - INSURANCE
UCD and XYZ will maintain policies of insurance covering any negligent acts, errors or omissions in
connection with their performance of the Agreement with limits of indemnity of not less than:
 Public Liability - €XM in any one event, unlimited in the aggregate?
 Employers’ Liability - €XM in any one event, unlimited in the aggregate?
 Professional Indemnity - €XM in aggregate in any one year of insurance?
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SCHEDULE SIX – QUALITY ASSURANCE
To be inserted.
a)
b)
c)
d)
e)
Staff/student Committees
Student Feedback mechanisms (Assessment)
Student Feedback on Modules
Annual Programme Reporting
Programme/Collaborative Arrangement Periodic Review
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