MEMORANDUM OF UNDERSTANDING
JOINTLY AWARDED PhD DEGREE
BETWEEN
MACQUARIE UNIVERSITY, (“Macquarie”)
SYDNEY, AUSTRALIA
CRICOS 00002J
AND
UNIVERSITY OF EDINBURGH, (“Edinburgh”)
EDINBURGH, SCOTLAND
1. Purpose
Macquarie and Edinburgh, (the Partner Universities) recognise that collaborative
research and jointly supervised research students are an effective means of academic
cooperation between the Partner Universities. The purpose of this Memorandum of
Understanding (MoU) is to endeavor to establish a jointly awarded Doctor of
Philosophy (PhD) degree programme to enable research students to be awarded a
single joint Doctor of Philosophy (PhD) degree for a programme of research
undertaken at both Macquarie, and Edinburgh. Nothing herein shall diminish the full
authority of either Partner University.
2. Term of Memorandum
Unless terminated earlier by mutual consent or under the provisions of this
Memorandum, this Memorandum will remain in force for five years from the date of its
execution (or such longer period if an additional term(s) is agreed) (the "Term"). One
year before the expiry of the Term, the Partner Universities will review the provisions of
this Memorandum and by mutual consent may renew the Memorandum for an
additional term with or without amendment/s to the provisions within the Memorandum
provided that this is not to the detriment of any research student then participating in
the joint PhD research programme. Mutual written approval from an authorised
signatory of Macquarie and Edinburgh, will be required to execute any amendment/s
or to sanction additional term/s.
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3. Memorandum of Agreement
For each participating research student there shall be a separate Memorandum of
Agreement which will set out in detail the particular arrangements for that participating
research student signed by the research student, both Partner Universities and the
identified supervisor/s of each Partner University.
4. Management and Administrative Arrangements
For the purposes of this Memorandum there shall be a lead Partner University for each
participating research student. The lead Partner University shall be responsible for the
following arrangements unless otherwise agreed in the separate Memorandum of
Agreement:
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Admission of the participating research student to the joint PhD
programme;
Collection of fees; and
Managing student debt.
Each participating research student will complete the administrative, matriculation and
other procedures of both Partner Universities in order to be considered a fully
matriculated student for the total duration of their period of study on the joint Doctor of
Philosophy (PhD) programme and thus be included in the statistical information on
student numbers compiled by both Partner Universities.
5. Rules and Regulations
Each participating research student will be subject to the degree programme
regulations of the lead Partner University including assessment regulations unless
otherwise determined in the separate Memorandum of Agreement for the participating
research student. Rules in respect of such matters as computing regulations and
health and safety will be in accordance with the rules of the Partner University at which
the participating research student is at any one time studying or under its direct
supervision. If an alleged offence is committed by a participating research student
within the precincts of one of the Partner Universities it will normally be the code of
discipline of that Partner University which will apply. If the incident occurs outwith the
precincts of either Partner University it will be the code of the lead University which
applies unless otherwise stated in the Memorandum of Agreement. The Partner
Universities will jointly have overall responsibility for the academic quality and
standards of the research programme.
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The Partner Universities acknowledge that Macquarie University must comply with the
requirements of the Education Services for Overseas Students (ESOS) Act 2000 and
the National Code of Practice for Registration Authorities and Providers of Education
2007. A summary of Macquarie University’s obligations is attached to this
Memorandum.
Overseas students studying in Scotland are required to act in accordance with the laws
of Scotland and the UK, as appropriate, in particular those concerning visas and
overseas students (including the UK Borders Act 2007).
6. Supervision, Counselling and Advising
Each Partner University shall require to identify at least one named supervisor who will
apply the standard rules and processes to the supervision and support of participating
research students as would be applied to students in the Partner University
undertaking a Doctor of Philosophy (PhD) programme. This will include, unless
otherwise stated in the separate Memorandum of Agreement for the participating
research student, that identified supervisor/s from each Partner University shall hold
an actual or virtual meeting with the participating research student at least once each
academic year and that identified supervisor/s of the Partner Universities will hold an
actual or virtual meeting at least once each academic year to discuss the progress of
the participating research student.
7. Awarding of Degree and Graduation
Participating research students who successfully complete this joint Doctor of
Philosophy (PhD) programme will be awarded a single degree parchment which will
reflect the joint nature of the degree programme and will be able to attend an
appropriate graduation ceremony hosted by either but not both of the Partner
Universities. On payment of any fee, if appropriate, individuals conferred with a jointly
awarded degree in terms of this Memorandum shall be recorded as an alumnus of both
Partner Universities and a member of the General Council of the University of
Edinburgh.
A decision to recommend the award of the degree of Doctor of Philosophy (PhD) by
either Partner University is not binding upon the other and should only one Partner
University approve the awarding of the degree of Doctor of Philosophy (PhD) then the
degree parchment will only be in the name of the awarding Partner University. In these
circumstances, the graduand will only be able to attend an appropriate graduation
ceremony of the awarding Partner University on payment of an appropriate fee and
inclusion on the list/s of alumni of the Partner Universities will be dependent on the
circumstance i.e. if not graduating from Edinburgh the individual will not become a
member of the General Council of the University of Edinburgh.
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8. Intellectual property
A separate Memorandum of Agreement will set out the intellectual property rights in
respect of the research programme of study to be undertaken by each particular
research student. This will include clarity on the ownership and control of intellectual
property used or generated by the participating research student and Partner
University staff and in respect of the latter will make reference to any intellectual
property jointly developed by the Partner Universities.
9. Miscellaneous Provisions
This Memorandum (and any other separate Memorandum of Agreement entered into
in terms of paragraphs 3, 8 or 10 of this Memorandum) represents the entire consent
and understanding of the parties and supersedes any prior oral or written
representations or understandings regarding the subject matter of this Memorandum.
It may be modified by a written Memorandum signed by an authorised signatory of
Macquarie and Edinburgh. If one or more of the provisions set forth in this
Memorandum is held to be invalid or unenforceable in any respect, then that invalidity
or unenforceability shall not affect any other provision of this Memorandum and this
Memorandum shall be construed as if the invalid or unenforceable provision had not
been included in the Memorandum.
10. Termination
Either party may terminate this Memorandum on written notice to the other party
received at least one year in advance of the desired date of termination as long as this
is not detrimental to any participating research student.
11. Language
This Memorandum, each separate Memorandum of Agreement and research thesis
produced in terms of this Memorandum shall be written in English.
12. Confidentiality
From time to time during the Term, Edinburgh and Macquarie will exchange
confidential information. Such information may be disclosed orally or in writing. Each
Partner University undertakes to keep such information secret and confidential and not
to disclose the same to any other person except to the extent that such information is in
the public domain (other than as a result of the breach of any obligation of confidence)
or required to be disclosed by law, including but not limited to requirements under the
Freedom of Information (Scotland) Act 2002. This clause is intended to be legally
binding under Scots Law and will remain in force beyond the Term of this
Memorandum. Any dispute arising out of the interpretation, validity or performance of, or
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otherwise in connection with, this Memorandum shall be submitted to the non-exclusive
jurisdiction of the Scottish courts.
This Memorandum of Understanding is signed
On behalf of the University of Edinburgh:
The University of Edinburgh is a charitable body, registered in Scotland, with
registration number SC005336.
Signed on behalf of the Principal and Vice –Chancellor by
Vice-Principal Professor Mary Bownes
_________________
Date: ___________________
On behalf of Macquarie University:
Signed on behalf of the Vice-Chancellor by
Deputy Vice-Chancellor (Research) Professor Jim Piper
_____________________
Date: ____________________
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Attachment to Memorandum of Understanding
REQUIREMENTS
Macquarie
Macquarie will:
1.
Provide sufficient supplies of accurate material and information to Edinburgh
for provision to students setting out:
a. the campus, resources and facilities, teaching methods, assessment
methods, subject content and duration, and admission requirements at
Macquarie;
b. the local environment, accommodation (on-campus and off-campus)
and cost of living in Sydney at Macquarie;
c. the application process and conditions for the Australian Student Visa;
d. the application and admission process for Macquarie; and
e. any fees other than tuition payable at Macquarie.
This information will be contained within the Letter of Offer issued by
Macquarie.
2.
Provide promotional material, such as posters and videos, to Edinburgh as
requested.
3.
Provide regular and accurate updates of information to Edinburgh about
courses, fees, entry requirements, living conditions, legal or regulatory
conditions for visa requirements, and other government regulations.
4.
Allow Edinburgh the right to use Macquarie’s name, logo, and any other
trademark, in activities approved by Macquarie during the term of this
Agreement.
5.
Process all completed applications and enquiries in an efficient and timely
manner and notify Edinburgh of acceptance or rejection of applications that are
referred to Macquarie.
6.
Facilitate and service the needs of students from Edinburgh studying at
Macquarie as stipulated in the Australian Vice-Chancellor’s (AVCC) Code of
Ethical Practice.
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7.
Visit Edinburgh to maintain personal contacts and provide face-to-face
briefings as appropriate.
Partner Universities
Each Partner University must not:
1.
Participate in false or misleading advertising or promotional practices about the
Partner University.
2.
Make any representations or offer any guarantee to students about admission to
the Partner University.
3.
Make any false or misleading comparisons between the Partner University or its
courses and any other education provider or their courses.
4.
Give information to a prospective student about the fees and charges payable to
the Partner University, other than the information provided by the Partner
University.
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