Student Exchange Agreement

Between

______

and

The University of North Carolina at Chapel Hill

College of Arts and Sciences

In a desire to strengthen mutual contact and as a contribution to an increase in international cooperation, [PARTNER INSTITUTION] in [CITY], [COUNTRY],as represented by its [SCHOOL/FACULTY] (“____”), and The University of North Carolina at Chapel Hill in the United States of America, as represented by its College of Arts and Sciences (“UNC”), (each referred to as “Institution”; collectively as “Institutions”) enter into this Student Exchange Agreement (“Agreement”). INSERT AS APPROPRIATE: This Agreement is an addendum to the Memorandum of Understanding signed between [PARTNER INSTITUTION] and UNC on [DATE].

  1. SCOPE OF THE AGREEMENT

1.1Definitions

  1. “Academic Year” as it relates to UNC is defined as the academic year commencing in August and ending in early May of the following year and is composed of two distinct semesters – a fall and a spring semester. With respect to [PARTNER INSTITUTION], “Academic Year” means the academic year beginning in [INSERT] and ending in [INSERT] of the following year and is composed of [INSERT] distinct [TERMS/SEMESTERS] – [INSERT FALL, SPRING AND/OR SUMMER AS APPLICABLE].
  2. “Candidate” is defined as an applicant for participation in the Program.
  3. “Exchange Period” is defined as the length of time that a Participant is studying at the Host Institution as set forth in Section 1.4.
  4. “Home Institution” is defined as the Institution in which a Participant is formally enrolled as a full-time degree seeking candidate.
  5. “Host Institution” is defined as the Institution that has agreed to receive a Participant from the Home Institution for an ExchangePeriod on a full-time, non-degree seeking basis.
  6. “Participant” is defined as an exchange student participating in the Program. In the case that Non-Exchange Participants participate under this Agreement, “Participant” includes those students unless the context requires otherwise.
  7. “Program” is defined as the exchange of Participants between the Institutions.

Include as Applicable

  1. “Non-Exchange Participant” is a student from the Home Institution who attends the Host Institution without a reciprocal exchange of a student from the Host Institution to the Home Institution. The Host Institution may charge tuition and fees for Non-Exchange Participants to study at the Host Institution.

1.2Objectives

  1. The purpose of the Agreement is to establish the terms and conditions under which the exchange of Participants between the Institutions shall take place.
  2. It is understood that the Program is primarily intended for undergraduate students. When UNC is the Host Institution,acceptance of Participants will be at the discretion of the Study Abroad Office.

Include as applicable:

  1. In addition, [PARTNER INSTITUTION] agrees to allow selected UNC students to attend [PARTNER INSTITUTION] for [ONE/TWO] [SEMESTER/TERM] as Non-Exchange Participants. UNC or the Participants as agreed will pay [PARTNER INSTITUTION]the tuition and fees that [PARTNER INSTITUTION]normally chargesto visiting international students in accordance with Section 2.1 below.
  2. In addition, UNC agrees to allow [PARTNER INSTITUTION] students admitted to UNC’s Global Visiting Students Program for [ONE/TWO][SEMESTER/TERM] as Non-Exchange Participants. [PARTNER INSTITUTION] will pay UNCthe Global Visiting Students Program tuition and fees in accordance with Section 2.1 below.
  3. Graduate students may also participate in the exchange, depending on the academic department, course of study, and consent of the Host Institution. When UNC is the Host Institution, acceptance of graduate student Participants will be at the discretion of the academic department.

1.3Participants

  1. All Participants will continue as candidates for degrees of the Home Institution and will not be candidates for degrees of the Host Institution. Participants will be enrolled in the Host Institution as full time non-degree seeking students unless otherwise agreed in advance in writing by the Institutions.
  2. The obligations of the Institutions under this Agreement apply to Participants only and do not extend to spouses,dependents, or guestsof Participants. Any individuals who accompany the Participants are the responsibility of the Participants.

1.4Period of Exchange

TheExchange Period for Participantsunder this Agreement shall be for [NUMBER] of [SEMESTER/TERM] unless otherwise agreed in writing by the Institutions.

1.5Numbers of Participants

  1. The Institutions agree to accept a maximum of [NUMBER] Participants from the Partner Institution each [SEMESTER/TERM] or the equivalent number on a full-year basis. It is agreed that two Participantsparticipating for one [SEMESTER/TERM] shall be counted as equivalent to one Participantparticipating for one Academic Year.
  2. Where possible, the Institutions will make reasonable efforts to achieve a reciprocal balance such thatexchanges will be made on a one-to-one basis over the course of the Academic Year. However, if an equal number of Participants are not exchanged between the Institutions in any one Academic Year, the Institutions will make reasonable efforts to achieve an approximate balance of Participants from each Institution overthe term of this Agreement as set forth in Section 5. The Institutions will also make reasonable efforts to ensure that in no one Academic Year willthe imbalance be for more than three Academic Year Participants.
  3. The Institutions will agree in writing on the number of Participants to be exchanged in advance of the Host Institution’s application deadline for each [SEMESTER/TERM].
  4. If a Participant withdraws from the Program at any point, the Coordinating Offices set forth in Section 2.5 will determine the impact of such withdrawal on the exchange balance.

Include as Applicable:

  1. The Institutions may account for Participant exchange imbalances under previous exchange agreements that have expired between the Institutions in order to determine the number of Participants to be exchanged under this Agreement.
  2. Non-Exchange Participants are not included for purposes of determining parity in Participants among the Institutions.
  1. IMPLEMENTATION OF THE AGREEMENT

2.1Tuition and Fees

  1. Participants will pay tuition and fees at the Home Institution and will not pay tuition and fees at the Host Institution.
  2. Special course fees, as communicated by the Host Institution to the Home Institution in advance of each academic term of exchange, will be paid by Participants directly to the Host Institution.

Include as Applicable:

  1. For each UNC Non-ExchangeParticipant attending [PARTNER INSTITUTION], the tuition and program fees, as communicated by the [PARTNER INSTITUTION] to UNC in advance of each academic term of exchange, will be paid by UNC. [PARTNER INSTITUTION] will provide UNC with accurate statements of all fees owed, a complete Participant list according to its records, and information on payment procedures and deadlines with each invoice.
  2. For each [PARTNER INSTITUTION] Non-ExchangeParticipant attending UNC as part ofthe Global Visiting Students Program, the tuition and program fees as communicated by UNC to [PARTNERINSTITUTION]in advance of each academic term of exchange, will be paid by [PARTNER INSTITUTION]. UNC will provide [PARTNER INSTITUTION] with accurate statements of all fees owed, a complete Participant list according to its records, and information on payment procedures and deadlines with each invoice.

2.2Selection

  1. Candidates for participation in the Program must have completed at least one year of study at the Home Institution and be in good academic and disciplinary standing. Candidates will be selected for nomination by the Home Institution from amongst full-time degree-seeking students, according to academic eligibility requirements established by the Home Institution.
  2. By the Host Institution’s application deadline,the Home Institution will send to the Host Institution the list of the Candidates’ names. The Home Institution and Candidates will comply with the application process and requirements as communicated by the Host Institution. Application fees, if any, will be the responsibility of the Candidate.
  3. The Host Institution reserves its control over the Host Institution’s admissions standards andthe right to reject nominated Candidates based on academic and other applicable conditions and criteria for admission, in which case the Home Institution may nominate additional Candidates for the Host Institution’sconsideration.
  4. Neither Institution will deny participation to students on the basis of race, color, gender, national origin, age, religion, genetic information, disability, veteran’s status, sex, sexual orientation, gender identity, or gender expression.

2.3Enrollment

  1. The Host Institution will endeavor to ensure that Participants are admitted to courses regarded as essential for completion of their degree. At UNC, [PARTNER INSTITUTION] Participants will enroll as non-degree seeking students in a full-time program of courses from any academic department in the College of Arts and Sciences. However, admission to a specific department or course is subject to the Participant being satisfactorily qualified for the chosen area of study and/or course level and the availability of courses in the period for which participation is sought.
  2. Participants will be subject to the academic requirements, policies, and rules of conduct of the Host Institution.
  3. The Host Institution will maintain discretion over evaluation of a Participant’s performance at the Host Institution. Recognition of a Participant’s work at the Host Institution for credittowards the Participant’s Home Institution degreewill be at the discretion of the Home Institution.
  1. The Host Institution will, upon request, permit the Home Institution’s review of syllabi and other curriculum material to determine transfer of academic credit for a Participant.
  2. The Host Institution will provide the Home Institution with a final transcript from the Office of the Registrar (or equivalent), certifying the Participant’s academic performance, provided that the Participant has met all financial obligations at the HostInstitution.
  3. Each Institution shall have the option of unilaterally terminating a Participant’s participation in the Program if a Participant violatesthe rules or regulations of either Institution, violates thelaw of the host country, or is otherwise a threat to the health, safety, or well-being of the Participant or others.

2.4Preparation, Orientation, and Services

  1. The Institutions will advise Participants of the academic and cultural expectations of the Host Institution and of the estimated costs of participation in the Program as listed in Section 2.4.c below. The Institutions will make such information known to each other and to Participants and to update such information on an annual basis through publications, websites, or other appropriate forms.
  2. The Home Institution will advise the Host Institution of any known accessibility needs and reasonable accommodation requests for Participants, if applicable.
  3. The Host Institution will provide incoming Participants with the following programs and services as normally provided to international visiting students:

1)Assistance in obtaining theappropriate documents necessary to applyfor a student visa;

2)Assistance in identifying available housing options;

3)Information on medical insurance requirements, the cost, and the extent of medical coverage;

4)Academic and other advisory services;

5)Access to university facilities and services as customarily offered to all full-time non-degree students (such as library, sports, student health clinic, counseling and advising services, and student union facilities and organizations); and

6)Any additional programming or services as agreed to by both Institutions.

  1. The Participants will have responsibility for (where applicable):

1)Paying the appropriate tuition and fees to the Home Institution prior to participation;

2)Paying housing and meal expenses whileat the Host Institution;

3)Paying for transportation to the Host Institution and within the host country;

4)Obtaining anymedical insurance with the required coverage of the Host Institution and paying for expenses in excess of medical coverage;

5)Personal expenses including textbooks and clothing;

6)Submitting financial and personal documents required by the Host Institution for the purpose of issuing appropriate documents for use in applying for an appropriate visa; and

7)All other debts incurred during participation in the Program.

2.5Coordination of the Program

  1. Coordination and management for the Program will be the responsibility of the Study Abroad Office at UNC and [OFFICE] at [PARTNER INSTITUTION] (“Coordinating Office”).
  1. The Host Institution will have responsibility for administration and delivery to Participants of any and all academic curricula within the Host Institution’s curriculum. Program courses will be delivered primarily through live instruction, laboratories, or interactive lessons.
  1. Each Institution will make available to Participants the dates of the upcomingAcademic Year, course descriptions, and other necessary information.
  2. Subject to compliance with applicable data protection and privacy law, each Institution will use reasonable efforts to notify the other upon becoming aware if the health, safety, or well-being of a Participant is called into question.
  3. Notwithstanding the foregoing, and consistent with the requirements of Title IX of the Education Amendments Act of 1972, [PARTNER INSTITUTION] agrees to promptly provide UNC with any reports and related information alleging sex discrimination, including sexual violence, involving Participants from UNCso that thoseParticipants can be notified of available options, resources, and services and the appropriate entity can conduct a prompt, impartial investigation.

2.6Use of Name and Marketing

a.Each Institution grants the other the right to use its name, logo, or trademarks for purposes of internallypromoting the Program to itsstudents. All other uses of the other Institution’s name, logo, or trademark requires written permission in advance.

b.Each Institution agrees all statements regarding the Program will be fair and accurate, including any representations made regarding accreditation.

  1. TERMINATION AND TRANSITION

3.1Termination for Convenience

Either Institution may terminate this Agreement for any reason by providing 90 days advance written notice to the other Institution.

3.2Termination Conditions

Either Institution (“Terminating Institution”) may terminate this Agreement immediately by providing written notice to the other Institution if:

  1. The other Institution fails to perform in material respect any of its obligations contained in this Agreement, and such failure is not remedied within 15 days after it receives written notice from the Terminating Institution;
  2. Either Institution ceases to be authorized to operate under the law of its respective jurisdiction, or loses an applicable institutional accreditation that it possessed on the effective date of this Agreement;
  3. The Terminating Institution believes any of the following in good faith: (i) the other Institution is in breach of any applicable law; (ii) continued participation in the Program will put the health or safety of its students or personnel at risk; or (iii)continuation of the Programwill cause the Terminating Institution to be in violation of applicable law, regulation, or accreditation standards, policies, or procedures.

3.3Transitional Arrangements

  1. Prior to the effective date of expiration or termination of this Agreement under this Section 3, the Institutions will agree in writing on a transition plan for current Participants and Candidates to finish their exchange at the Host Institution. The terms and conditions of this Agreement will continue to govern until all Participants and Candidates complete the Program.
  2. Where this Agreement expires or terminates prior to the achievement of an equal exchange of Participants as contemplated in Section 1.5, then the Institutions will negotiate in good faith to resolve the imbalance.
  1. ADDITIONAL TERMS

4.1Compliance with Law

  1. The Institutions agree to takeno action, or omit to take action, that would cause either Institution to be in violation of applicable law in operation of the Program, including but not limited as follows:

1)Anti-bribery: Each Institution agrees that, in connection with this Agreement, it (including, if and as applicable, its members, trustees, directors, officers, and employees) will adhere to and comply with all applicable U.S. and non-U.S. law anti-bribery measures, such as the U.S. Foreign Corrupt Practices Act (“FCPA”). Neither Institution will directly or indirectly offer, give, promise to give, or authorize the giving of any money, loan, gift, donation, or other thing of value to induce a government official to do or to omit from doing any act in violation of their lawful duty, in order to obtain any improper advantage, or to induce a government official to use his or her influence improperly to affect or influence any act or decision.

2)Privacy and Student Records: In performance of this Agreement, the Institutions may disclose to each other academic records, student records, and personally-identifiable information from academic or student records (“Data”) about a Participant or Candidate in the Program for purposes related to enrollment at the Host Institution or as otherwise authorized by the Participant or Candidate. The Institutions agree to use, maintain, disclose, and otherwise process this Data in accordance with all applicable law and accreditation standards and policies. In particular, the Institutions agreeto use Data disclosed only for the purpose for which the disclosure was made. The Institutions also agree not to re-disclose Data without the prior written consent of the Participant or Candidate. The Institutions further agree that they shall notify(when able to do so under local data protection legislation) the other prior to disclosing Data in response to a court order, subpoena, warrant, summons, or any other judicial directive. The Institutions shall implement and maintain appropriate administrative, physical, and technical safeguards to protect the privacy, security, and confidentiality of any Data and will protect such Data against accidental or unlawful destruction, loss, alteration, or unauthorized disclosure or access.

3)Incentive Payment Rule:The Institutions agree not to pay any commission, bonus, or other incentive payment based in any part, directly or indirectly, on success in securing enrollments or financial aid to any person or entity engaged in student recruitment or admission activities related to the Program or in making decisions regarding the award of student financial assistance. The Institutions will not engage in any recruiting activity under this Agreement related to students from the Partner Institution.

  1. Establishment and continuance of the Program is contingent upon each Institution obtaining necessary approvals as required by relevant institutional and programmatic accrediting or regulating bodies or under applicable law.The Institutions will use reasonable efforts to timely obtain same and acknowledge that Program activities are contingent on obtaining same. If an Institution's regulatory authority requests information or documentation directly relating to the Program, that Institution will notify the other Institution prior to providing the materials to the regulatory authority.
  2. All Program courses and other relevant materials and websites shall be available for evaluation and inspection by each Institution and their accreditors at any time and as consistent with applicable law. The Institutions will retain all records relating to this Agreement in accordance with their record retention policies or for such longer period as otherwise required by applicable law or threatened or pending litigation, in which case the period of retention will continue until final disposition of such claim.

4.2Representations