International Inter-Institutional Agreement UPPS No. 02.01.02 (NEW)
Policy
and Procedures Issue
No. 1
Effective
Date: 10/14/2008
Review:
April 1 E2Y
01. Policy StatemenT
01.01 The
purpose of this UPPS is to provide guidelines for the creation and maintenance
of international agreements and memorandums of understanding. Texas State
University-San Marcos is periodically presented with opportunities to interact
with universities, governments, and non-governmental organizations outside of
the United States. Texas State is committed to the efficient and detailed
development of all its opportunities to ensure that they support the mission,
shared values, and strategic plan of Texas State and that incoming as well as
outgoing clients receive equitable treatment and they are placed in an environment
that is as safe as possible in which to pursue their educational goals, and
that sufficient funds are in place to support each agreement.
All
international agreements must be consistent with the goals and adhere to all the
applicable laws and policies at:
a. Texas
State,
b. the
Southern Association of Colleges and Schools (SACS),
c. federal export control regulations, and
d. Texas Higher Education Coordinating Board
(THECB).
This is to limit Texas State from incurring unplanned costs and unforeseen liability.
Therefore, all agreements must conform to this policy.
02. Definitions
02.01 A
memorandum of understanding, referred to here as “MOU,” is a preliminary
document to establish that each party is prepared to develop collaborative
activities related to student or faculty exchange, research, or instruction
between the cooperating institutions. At least one Texas State department must
be involved with an MOU. An MOU may provide an avenue to explore the feasibility
of future collaboration to be articulated in the International Agreement. An
MOU does not necessarily commit either party to a specific activity or funding.
MOUs often precede, but are not required to precede, International Agreements.
02.02 An
international agreement, referred to here as “IA”, is a specific commitment to
pursue a predetermined activity or set of activities for which the resources
have been identified. An IA includes friendship agreements, program-specific
agreements, language training programs, international field research, and any
agreement that commits the University to exchange faculty, staff, and students
or commits the University to any financial obligation.
02.03 An
international entity is any governmental agency, non-governmental organization,
higher learning institution, for-profit entity, or non-profit entity located
outside of the United States.
02.04 A
university representative is a Texas State faculty member, and in some cases a
Texas State staff member or administrator, who assumes the lead role for the IA.
The university representative (sometimes referred to as the academic program director
or “APD” in student exchange agreements) is responsible for developing and
managing an IA. The university representative establishes that sufficient time,
funding, and other resources are available to pursue an IA. This person identifies and maintains contact with
the international entity.
02.05 A
reciprocal exchange agreement, referred to here as “REA,” is an agreement in
which participating students pay tuition and fees at their home institutions.
02.06 A
faculty exchange occurs when one or more faculty from Texas State travel to an
entity outside the United States, while representatives from the international
entity come to Texas State to participate in activities outlined in an IA. The
faculty exchange does not have to be concurrent.
02.07 A
student exchange occurs when one or more students from Texas State attend
classes at an international host university while students from the same
university come to Texas State (the receiving institution) to attend classes.
Students pay tuition and fees at their home institution as reflected in the
REA. The exchange of students from the participating institutions does not have
to be concurrent.
03. PROCEDURES FOR INITIATING AN MOU
03.01 MOUs
are initiated by either a representative of an international entity, or a Texas
State faculty member, staff, or administrator. Prior to any negotiations with
regard to a proposed MOU the department head from where the MOU originates, the
academic dean, the Director of the International Office, the Associate Vice
President for Academic Affairs and, where applicable, the Provost and Vice
President for Academic Affairs must approve the concept.
03.02 The approval is sought by
completing the International Inter-Institutional MOU Checklist, Attachment
I. This itemized list upon completion is then routed as indicated in Section
03.01, prior to any negotiation with the proposed entity. Should the
international entity provide a draft MOU or a similar document constituting a
MOU, a copy of the draft should be attached to the checklist.
03.03 All
MOUs originating at Texas State should be written in the English language and
in the language of the international entity, if required by that entity. MOUs
that originate from another institution where English is not the language of
record must have a corresponding English language version.
03.04 The
International Office will provide a template for use in creating a Texas State
MOU.
03.05 MOUs
should contain specific language that addresses the length of the proposed collaboration
and indicate the terms for extending or terminating the MOU.
03.06 MOUs
written in another language are acceptable, as long as a corresponding English
version is signed by both parties. MOUs in other languages must be translated
to ensure that the details of the MOU are reflected in both the English and
other language versions. Translation is the responsibility of the initiating
department or office and may increase the time required for the approval
process.
03.07 Because MOU formats initiated from
international institutions vary in form and international spellings and grammar
differ from those most common in the United States, Texas State will accept
such MOUs as long as the intended meaning of the MOU is understood by both
institutions.
03.08 The
Director of the International Office, the department head, the college dean, the
Associate Vice President for Academic Affairs, the University Attorney, the
Assistant Vice President for Research, the Dean of the Graduate College when
graduate studies are involved and, where applicable, the Provost and Vice
President for Academic Affairs must approve the MOU before it will be forwarded
to the President for approval.
03.09 In
the case of REAs, the Director of the Office of Study Abroad Programs will
review the MOU.
03.10 After
signing the MOU, the Office of the President will return two sets of originals to
the International Office via the Office of the Provost and Vice President for
Academic Affairs.
03.11 The International Office will
file the originals to be retained by Texas State and send the appropriate
originals to the university representative and the international entity in
paper or PDF formats.
04. Procedures for
INITIATING AN International Agreement
04.01 An
IA may be initiated by either a representative of an international entity or a
faculty member, staff, or administrator of Texas State. Prior
to any negotiations, the person responsible for initiating the IA at Texas
State must have the concept approved by the department head where the MOU
resides, the Director of the International Office, the academic dean, the
Associate Vice President for Academic Affairs, and if applicable, the Provost
and Vice President for Academic Affairs.
04.02 If
the IA involves students, the initiator of the IA should consult with the
appropriate admissions office or offices at Texas State to insure that
admissions policies and procedures are recognized and included in the
development of the IA, where appropriate.
04.03 In
the case of REAs:
a. The
Director of the Office of Study Abroad Programs will review the IA.
b. A
period of nine months from the signing of an MOU should be allowed for preparation
of the implementation of an REA.
04.04 Approval
is sought by completing the International Inter-Institutional Agreement
Checklist, Attachment
II. Upon completion this itemized list is routed as indicated, prior to
any negotiation with the proposed entity. A copy of the IA should be attached
to the checklist.
04.05 IAs
involving students should address the following points:
a. Admission requirements, including current
standing at home institution (GPA, year/class level) and language requirements;
b. Enrollment status expected at Texas State (undergraduate/graduate,
non-degree, visiting, post-bacc);
c. Student selection process;
d. Academic credit (undergraduate/graduate,
maximum, transfer to degree program);
e. Texas State classes of specific interest, if
any; and
f. Tuition policy.
04.06 IAs
should contain the activities that each party will be responsible for performing,
including:
a. the
number of students involved in the program from each entity;
b. the
number of faculty (Include the names and positions, if known) involved in the
program for each entity;
c. the
activities to be performed by each entity; and
d. the
location of the activities, insurance requirements such as medical and liability,
housing and living expense arrangements, and immigration requirements.
04.07 IAs
should contain specific language that addresses the length of the proposed
activities and indicate the terms for extending or terminating the IA.
04.08 The
International Office will provide a template for use in creating a Texas State
IA.
04.09 All
IAs originating from Texas State should be written in the English language and
in the language of the international entity, if required by that entity. IAs that
originate from another institution must have a corresponding English language
version. There should be two original IAs in English and two in the language of
the international entity. Translation is the responsibility of the initiating
department or office and may increase the time required for the approval
process.
04.10 Because IA formats initiated from
international institutions vary in form, spelling, and grammar from those most
common in the United States, Texas State will accept such IAs as long as both
institutions understand the intended meaning of the IA.
04.11 If any form of compensation or reimbursement
is to be made to an international person, the person responsible for initiating
the IA must refer to the VPFSS/PPS 03.09.03 Non-Resident
Aliens-Contract Payments, and follow the procedures outlined.
04.12 The
Director of the International Office, the department head, the college dean if
applicable, the Dean of the Graduate College, the Provost and Vice President
for Academic Affairs, the Assistant Vice President for Research and the University
Attorney, must review and indicate their concurrence with the IA before it will
be forwarded to the President for approval.
04.13 After
signing the IA, the Office of the President will return two sets of originals
to the International Office via the Office of the Provost and Vice President
for Academic Affairs.
04.14 The International Office will file the
originals to be retained by Texas State and send the appropriate originals to
the university representative and/or the international entity in paper or PDF
formats.
05. PROCEDURES FOR INITIATING AN ADDENDUM TO
AN EXISTING IA
05.01 The
university representative should complete and submit a Request for
Additional Action Form, Attachment
III to the International Office.
05.02 Specific changes to an existing IA should be
outlined on the Request for Additional Action Form, Attachment
III.
05.03 The
department head, the academic dean, the Dean of the Graduate College, the
Director of the International Office, the Associate Vice President for Academic
Affairs, the Assistant Vice President for Research, the University Attorney, the
Provost and Vice President for Academic Affairs, and the Director of Study
Abroad, as appropriate, must approve all addendums to the IA. All addendums
should be written in English or be accompanied by a version translated in
English. Addendums should contain at the minimum, the following:
a. Terms
of the supplement and a reference to the original IA,
b. An
annual budget, including the sources of funding for all planned activities and
expenses,
c. The
activities that each party will be responsible for performing as indicated in Section 04.04,
d. Expiration
date of the supplement, and
e. Intellectual
property agreements, if applicable.
06. PROCEDURES FOR EXTENDING A CURRENT MOU OR
IA
06.01 MOUs
or IAs with Expiration Dates
a. The
International Office will notify the respective Texas State university representative
at least one year prior to the IA end date or in accordance with the terms of
the MOU or IA, whichever is longer.
b. The
appropriate university representative for the MOU or IA should complete and
submit a Request for Additional Action Form, Attachment
III to the International Office at least six months before the IA end
date.
c. If
necessary, the Director of the International Office will request that a meeting
be held with the appropriate offices, university representative and other
persons associated with the MOU or IA to discuss the activity to date.
d. Once
it has been demonstrated and documented that evidence exists to support the
extension of the MOU or IA, the International Office will begin the renewal
process by facilitating the circulation of the renewal draft.
e. The
university representative must demonstrate that evidence exists to support the
extension of the MOU or IA or the Director of the International Office will
recommend that the MOU or IA be terminated in accordance with Section 07.
06.02 MOUs
or IAs with No Expiration Date
a.
MOUs
or IAs with no expiration date are subject to regular University review and
approval. The International Office will notify the respective Texas State university
representative two years from the start date of the MOU or IA, but no later
than four years from the start date of the MOU or IA and request the appropriate
department representative or university representative for the MOU or IA submit
a Request for Additional Action Form, Attachment
III to the International Office.
b.
Following
completion and submission of the form, Sections 06.01 c. through 06.01 e. should
be followed.
07. PROCEDURES FOR TERMINATING A CURRENT MOU
OR IA
07.01 The
notification of termination should be in accordance with the terms of the MOU
or IA.
07.02 The
appropriate department representative or university representative for the MOU
or IA should complete and submit a Request for Additional Action Form, Attachment
III to the International Office at least one year prior to the IA end
date.
07.03 Once
documented evidence exists to support termination, the International Office
will draft a letter to the corresponding office at the international entity
informing them of the termination. The draft will be forwarded to the Associate
Vice President for Academic Affairs for review and approval. The International
Office will forward the letter to the corresponding office at the international
entity.
.
08. REVEWERS OF THIS UPPS
08.01 Reviewers of this UPPS include the following:
Position Date
Associate Vice President for April 1 E2Y
Academic Affairs
Director, International Office April 1 E2Y
Director, Offices of Correspondence, April 1 E2Y
Extension and Study Abroad Programs
Chair and Professor, Department of April 1 E2Y
Modern Languages
Dean, The Graduate College April 1 E2Y
Director, Office of Undergraduate April 1 E2Y
Admissions
Vice President for Finance and April 1 E2Y
Support Services
Assistant Vice President for Research April 1 E2Y
University Attorney April 1
E2Y
09. CERTIFICATION STATEMENT
This
UPPS has been approved by the following individuals in their official
capacities and represents Texas State policy and procedure from the date of
this document until superseded.
Associate
Vice President for Academic Affairs; senior reviewer of this UPPS
Provost
and Vice President for Academic Affairs
President