COLLEGIATE AGREEMENT
between
the University of Divinity
and XX College
1. Parties
University of Divinity (ABN: 95 290 912 141) of 21 Highbury Grove, Kew, Victoria, Australia (“the University”), and
XX College (ABN: … ) of ……. (“XX”)
Collectively known as “the Parties”
2. Recitals
Whereas
A.the University is established under the University of Divinity Act 1910 (“the Act”) as a collegiate university which exists to address the issues of the contemporary world through critical engagement with Christian theological traditions,
B.XX is a theological college [insert description of legal status] which has since 19zz been a College of the University,
C.the University on dd/mm/yyyy approved an application by XX to continue to be one of the Colleges of the University and to teach and examine students in programs and courses of study that will lead to an award of the University,
now this Agreement details the terms and conditions.
3. The University’s Obligations
3.1 Recognition
3.1.1 The University recognises XX as a College of the University and therefore as a participant in its community of scholarship and its academic governance.
3.2 Authorisation
3.2.1 The University authorises XX to teach and examine students in certain academic programs and courses of study that will lead to the award by the University of a degree, diploma, certificate or other award relating to a program or course of study.
3.2.2 The terms and conditions of this authorisation are set out in Regulations 2 and 3 and their Determinations as authorised by the University under the Act.
3.2.3 The University undertakes to give at least 30 days' notice of any proposed changes to Regulations 2 and 3.
3.3Undertakings
3.3.1 The University undertakes to:
a.Set and collect tuition fees and make distributions to XX in a timely manner,
b.Accredit staff of XX that teach or supervise awards of the University, such accreditation not to be unreasonably withheld,
c.Consult with XX and facilitate its participation in the activities and Committees of the University, particularly its academic governance processes,
d.Maintain academic freedom, including respect for the integrity and diversity of Christian theological traditions represented in the Colleges of the University,
e.Support initiatives of XX consistent with the University’s Mission and Vision,
f.Develop and support relationships with other universities and higher education providers for XX’s benefit,
g.Provide access to research funds allocated to the University,
h.Provide access to the University’s trusts and funds, pursuant to the University’s Regulations, and
i.Maintain the University's accreditation and reputation.
3.3.2The University agrees to include references to XX in all promotional material in terms similar to those which apply to other Colleges of the University.
4. XX’s Obligations
4.1 Compliance
4.1.1 XX agrees to act in accordance with the Vision, Mission, Graduate Attributes, Strategic Plan, Regulations, Determinations, Policies and Procedures approved from time to time by the University, the University’s Council, Academic Board and/or the Vice-Chancellor.
4.1.2 In particular, XX agrees to comply with the reporting requirements of the University's Regulations, Determinations and Policies.
4.1.3 XX undertakes to participate actively in ensuring that the University performs at or above the standards set by the relevant regulatory body and / or Commonwealth department.
4.1.4 XX agrees to perform at or above the minimum requirements set by the University for a College in Regulation 3.
4.1.5 XX must report the following events to the University as soon as possible and no later than seven days after the event:
a)the resignation or termination of XX’s Head of College,
b)change of XX's legal status,
c)change of XX's name,
d)change of XX's sponsorship or ownership,
e)affiliation or merger of XX with another body,
f)deletion of or addition to the objects of XX’s constitution,
g)changes to XX’s material governance arrangements,
h)change of XX's location (including closure of any facility or the addition or deletion of buildings or substantial damage incurred by natural disaster or weathering affecting delivery of courses covered by this Agreement),
i)any action or legal proceedings are started or threatened for:
(i) provisional liquidation, liquidation, winding up, dissolution or reorganisation of XX, or
(ii)appointment of a receiver, receiver and manager, administrator, trustee or similar official to XX or any of its revenue or assets,
j)XX is or is taken to be unable to pay its debts as and when they fall due,
k)any execution or other process of any Court or authority is issued out against or levied upon any of XX’s assets, or
l)XX commits any breach in the performance of any of its obligations under any lease or licence of any property upon which XX carries on its business for which breach that lease or licence may be terminated.
4.2 Exclusivity
4.2.1 XX agrees to operate exclusively within the University in relation to the awards covered by this Agreement.
4.2.2 XX warrants that all current agreements with other education providers have been disclosed to the University as part of its application.
4.2.3 All proposed agreements with other education providers are subject to the prior written consent of the University.
4.3 Fees
4.3.1 XX agrees to pay an Annual fee and a percentage of tuition fees to the University with the initial Annual fee and percentages set out in Schedule A.
4.3.2 The Annual fee may increase by CPI annually or otherwise by agreement.
4.3.3 The University agrees not to increase the percentage of tuition fees retained by the University without providing XX with twelve (12) month’s written notice.
4.4 Libraries
XX agrees that the libraries listed in Schedule A are accessible by all members of the University. As such, these libraries are eligible for any funding which the University Council directs to the libraries of its Colleges and to apply for University funding on a competitive basis.
4.5 Review
4.5.1 XX will be invited to commit to a new Collegiate Agreement at least 24 months before the expiration of this Agreement.
4.5.2 The Parties agree that, should XX indicate its intent to seek to renew this Agreement, the University will initiate a Review of the corporate and academic governance aspects of this Agreement prior to the due date set out in Schedule A.
4.5.3 XX commits itself to preparing a progress report on any recommendations arising from the Review within twelve (12) months of receipt of the Review Report.
4.6 Promotion
4.6.1 XX agrees to represent in its marketing, publicity, handbooks and website the relationship between itself as a College of the University and as the provider of the awards of the University which XX is approved to deliver.
4.6.2 XX will ensure that such references to the University comply with the University’s Style Guide.
5. Mutual obligations
5.1 Term
The Parties agree the start date and the term of the Agreement as set out in Schedule A.
5.2 Termination
Subject to action taken under 5.3, either party may terminate the Agreement by giving the minimum notice as set out in Schedule A.
5.3 Breaches of Agreement
The Parties agree to the following three-step process to resolve issues regarding actual or potential breaches of this Agreement. The Parties will impose reasonable time frames having regard to the issue and to potential or otherwise to remedy the breach.
Issues with XX:
Stage 1The University’s Representative issues a formal notice to XX's Representative and requires a report by a due date,
Stage 2The University Council issues a formal notice to XX declaring the response at Stage 1 to be unsatisfactory and requesting action(s) to be taken by a due date, and
Stage 3The University Council declares the response at Stage 2 to be unsatisfactory and proposes termination of the Collegiate Agreement and the relationship and stipulates what action XX must take to avoid this within a period of no less than 30 days.
Issues with the University:
Stage 1XX’s Representative issues a formal notice to the University's Representative and requires a report by a due date,
Stage 2XX issues a formal notice to the University declaring the response at Stage 1 to be unsatisfactory and requesting action(s) to be taken by a due date, and
Stage 3XX declares the response at Stage 2 to be unsatisfactory and proposes termination of the Collegiate Agreement and the relationship and stipulates what action the University must take to avoid this within a period of no less than 30 days.
It is acknowledged that the Party issuing the notice is not required to proceed to Stages 2 or 3, if it is satisfied with the matters in the relevant report.
5.4 Compact
The Parties agree to sign and XX will seek the support of the churches and / or religious orders described in Schedule A to sign a Compact, a bond of affection, to ensure that XX and its ecclesial and other partners are active participants in XX’s relationship with the University.
5.5 Legislation
The Parties agree to abide by all relevant Federal and State legislation and regulations governing higher education providers.
5.6 Intellectual Property
The awards of the University as approved by the Council and the courses of study leading to these awards as approved by Academic Board are the intellectual property of the University. Copyright and ownership of these awards and courses is vested in the University.
5.7 Tuition Assurance
5.7.1 In the event that XX is unable to complete the tuition for any unit of study for which tuition fees have been paid, the University undertakes to transfer the student (with his or her agreement) to another College of the University delivering the same or similar course or to another higher education provider delivering a similar course and to transfer to the second College or provider the tuition fees received from XX, unless already refunded.
5.7.2 In the event that another College of the University is unable to complete the tuition for any unit of study for which tuition fees have been paid and XX delivers the same or similar course, XX agrees to the University transferring the student (with his or her agreement) to XX and to the transfer of the tuition fees received, unless already refunded.
6. Counterparts
This Agreement may be executed in counterparts.
Dated
Signed
Sealed
Schedule A
Clause / Item5.1 / Start date / dd/mm/yyyy
5.1 / Term of the Agreement / Seven years
5.2 / Minimum Notice of early termination / Two years
5.4 / Compact Parties / University, College and xx and yy
4.5 / Due date for Internal Review / Five years from Start date
4.3 / Annual fee / $30,000
4.3 / Percentage of tuition fees retained by the University (coursework) / 24%
4.3 / Percentage of tuition fees retained by the University (research) / 90%
4.4 / Affiliated Libraries / aa, bb
5.3 / University’s Representative / Professor Peter Sherlock
Vice-Chancellor
21 Highbury Grove, Kew VIC 3101
Phone: +61 03 9853 3177
Fax: +61 03 9853 6695
Email:
5.3 / College’s Representative / nn
Schedule B
[Regulation 2]
Schedule C
[Regulation 3]
Collegiate Agreement template as approved by Council 4 December 2013Page 1 of 1