(Ost) - Legal Nature and Location

1. The "East - Eastern Switzerland University of Applied Sciences" is an autonomous public-law institution with its own legal personality (hereinafter referred to as the University) and the right to self-administration.

2. The University is based in St.Gallen.

3. The University conducts teaching and research at the locations of Buchs, Rapperswil, and St.Gallen. The University may operate at additional locations within the scope of its mandate.

1. The supporting bodies of the university are the Cantons of St. Gallen, Schwyz, Glarus, Appenzell Ausserrhoden, Appenzell Innerrhoden, and Thurgau, as well as the Principality of Liechtenstein.

2. With the consent of all existing supporters, additional cantons may join as supporting bodies of the agreement.

3. Supporting bodies that join the agreement at a later date are granted the same rights and obligations as the Cantons of Schwyz, Glarus, Appenzell Ausserrhoden, Appenzell Innerrhoden, and Thurgau, as well as the Principality of Liechtenstein.

1. The university offers teaching, research, and services in several disciplines or fields in accordance with the relevant federal laws and the applicable inter-cantonal agreements. In doing so, it promotes the exchange of knowledge, skills, and technology for the benefit of the economy and society.

2. It fulfills the following tasks in particular

a) Preparation through practice-oriented programs for professional activities that require the application of scientific knowledge and methods (performance area "Teaching");

b) Supplementing the programs referred to in letter a of this provision through continuing education offerings (performance area "Continuing Education");

c) Conducting application-oriented research and development projects (performance area "Research");

d) Services for third parties (performance area "Service").

1. The university may cooperate with other domestic and foreign educational and research institutions.

2. It promotes the exchange of students, lecturers, and researchers from both domestic and foreign sources.

3. As long as this agreement is not affected, the government of the Canton of St.Gallen may, upon the request of the University Council, conclude agreements with local authorities that are not sponsors of the university, particularly for the regulation of contributions to the university's costs, the rights of students from these local authorities, and representation on the site advisory boards.

1. The freedom of scientific teaching and research is guaranteed.

1. The university confers academic degrees and diplomas.

1. The University Statute regulates

a) the organization of the university;

b) the functions of the bodies;

c) the procedure for the election of lecturers;

d) the rights and duties of the members of the university.

2. It is issued by the University Council and approved by the government of the Canton of St. Gallen.

3. The University Statute takes precedence over other decrees of the university.

1. The University is exempt from state and municipal taxes of the sponsoring entities for

a) Profit and capital;

b) Donations.

1. Unless otherwise specified by this agreement or subsequent decrees, the university is subject to the law of the Canton of St. Gallen.

1. Accession to this agreement is governed by the internal cantonal or national competence regime of the respective entity.

2. The competent body of the respective entity approves adjustments to the surcharge on contributions pursuant to the Intercantonal University of Applied Sciences Agreement (hereinafter referred to as FHV contributions) in accordance with Article 36 of this decree.

1. The Cantonal Council of St. Gallen exercises overall supervision over the university.

2. It

a) determines the contribution of the canton of St. Gallen;

b) takes note of the mandate;

c) takes note of the report on the fulfillment of the mandate and the use of the contribution of the canton of St. Gallen;

d) takes note of the management of the university within the framework of the government's annual report.

1. The governments of all entities

a) elect their representation in the University Council;

b) decide, subject to approval by the respective competent body of each entity, on the adjustment of the surcharge to the university contributions according to Art. 36 of this decree;

c) decide on the expansion of the sponsorship.

2. Decisions pursuant to para. 1 lit. b and c of this provision are only valid if all governments agree.

1. The Steering Committee is composed of the competent government member from each sponsor. The government member of the Canton of St.Gallen assumes the chairmanship.

2. The Steering Committee shall

a) decide on the expansion or reduction of the range of study programs in the area of "Teaching";

b) approve admission restrictions in the area of "Teaching";

c) propose the adjustment of the surcharge to the FHV contributions according to Art. 36 of this decree;

d) review the proposal of the University Council regarding the service mandate and provide an opinion to the government of the Canton of St.Gallen;

e) approve membership in a University of Applied Sciences association;

f) decide on the designation of the university;

g) take note of the university's annual report;

h) take note of the report on the fulfillment of the service mandate and the use of the sponsor contribution of the Canton of St.Gallen;

i) develop a profile of requirements for the members of the University Council and for the committee as a whole.

3. Resolutions pursuant to para. 2 letters a, b, e, and f of this provision shall only come into effect if all members of the Steering Committee agree.

1. The Government of the Canton of St. Gallen exercises supervision over the University.

2. It shall

a) appoint the President of the University Council and determine the compensation of the University Council;

b) issue the performance mandate after consultation with the Conference of Sponsors;

c) propose the sponsor contribution to the St. Gallen Cantonal Council;

d) acknowledge the annual report of the University;

e) approve the report on the fulfillment of the performance mandate and the use of the sponsor contribution of the Canton of St. Gallen;

f) issue regulations on

1. financial reporting;

2. creation and use of equity capital;

3. reporting;

g) approve the university statutes and personnel regulations;

h) approve the tuition fees in the "Teaching" performance area;

i) conclude agreements pursuant to Art. 4 para. 3 of this agreement upon the proposal of the University Council;

j) appoint the auditing body.

1. The Governments of the Cantons of Schwyz, Glarus, Appenzell Ausserrhoden, Appenzell Innerrhoden, and Thurgau as well as the Principality of Liechtenstein

a) acknowledge the service mandate;

b) acknowledge the report on the fulfillment of the service mandate and the utilization of the contribution from the Canton of St.Gallen.

1. To the extent that the university must be represented in procedures within the framework of coordination in the Swiss higher education sector or in procedures vis-à-vis the federal government by the sponsoring body, the Canton of St. Gallen shall undertake the representation.

1. Bodies of the University are

a) the University Council;

b) the University Administration;

c) the Audit Office;

d) the Appeals Commission.

1. The University Council consists of 15 members from the fields of business, society, science, or education administrations of the sponsors. Members of the governments of the sponsors are excluded from membership on the University Council.

2. The following elect

a) the government of the Canton of St. Gallen eight members;

b) the government of the Canton of Thurgau two members;

c) the governments of the other sponsors one member each.

3. The government of the Canton of St. Gallen appoints a President from among the members of the University Council. In all other respects, the University Council constitutes itself.

4. One representative each from the staff and the student body participate in the meetings of the University Council as assessors.

5. In the event of changes in the composition of the sponsorship, the governments adjust the composition of the University Council accordingly.

1. The University Council is the highest governing body of the university.

2. It

a) is responsible for the strategic leadership and implementation of the performance mandate;

b) ensures quality assurance;

c) enacts the university statute, personnel regulations, study regulations, fee regulations, and other implementation provisions of this agreement;

d) proposes the performance mandate and the financial contribution from the Canton of St.Gallen;

e) approves the report on the fulfillment of the performance mandate and the use of the financial contribution from the Canton of St.Gallen;

f) decides on the budget and annual financial statements as well as the business report;

g) may apply to the Carrier Conference for the expansion or reduction of study programs in the performance area "Teaching";

h) enacts admission restrictions in the performance area "Teaching";

i) is responsible for the establishment and termination of employment relations of the members of the university management;

j) regulates the awarding, maintenance, and revocation of professorial titles for lecturers;

k) elects the members of the local advisory boards and the appeals commission;

l) decides, subject to approval by the Carrier Conference, on membership in a university of applied sciences association;

m) submits a proposal to the government of the Canton of St.Gallen regarding the conclusion of agreements under Art. 4 para. 3 of this agreement;

n) selects the pension institution in agreement with the staff or any staff representation according to Art. 11 of the Federal Act on Occupational Old Age, Survivors', and Invalidity Pension Provision.

1. The University Council elects a Campus Advisory Board of five to seven members for each of the locations in Buchs, Rapperswil, and St. Gallen, including at least one member from the University Council.

2. The Campus Advisory Board constitutes itself.

3. The Rector and another member of the university administration are non-voting attendees.

1. The Site Advisory Councils are assigned to the University Council.

2. They

a) ensure the integration of the site within the region;

b) represent the interests of the site within the university;

c) are involved in the development of the university's strategy;

d) are consulted when there are changes to the allocation of degree programs to sites;

e) ascertain the needs of stakeholders through engagement.

3. The Site Advisory Councils may submit proposals to the University Council on matters concerning their site.

1. The term of office is four years. Its commencement is governed by the relevant provisions in the Canton of St. Gallen.

2. Reelection is possible twice.

3. Membership ends no later than upon reaching the age of 70.

1. The Executive Board manages the university operationally.

2. The Rector of the university leads the university and represents it externally.

3. The organization and responsibilities of the Executive Board are regulated in the university statutes.

1. The audit body examines the accounting and the annual financial statements of the university, reports to the university council, and makes a recommendation for the approval or rejection of the annual financial statements.

2. If the financial control of the Canton of St. Gallen is the audit body, it carries out special assignments in accordance with the relevant application of the regulations for financial control in the Canton of St. Gallen.

1. Admission to the degree programs is governed by the provisions of federal law as well as the relevant inter-cantonal agreements.

2. The University Council may stipulate additional admission requirements.

1. The University Council may, subject to the approval of the Carrier Conference according to Art. 13 para. 2 let. b of this enactment, impose temporary admission restrictions for individual degree programs if

a) the admission capacity has been exhausted;

b) proper academic instruction can no longer be guaranteed;

c) financial resources for increasing the admission capacity are not available;

d) no other suitable measures are available.

2. In the case of admission restrictions, the suitability of applicants is decisive. Suitability is assessed before the commencement of studies through a suitability procedure established by the University Council and after the commencement of studies through preliminary examinations.

3. Regardless of temporary admission restrictions, the University Council may generally limit the proportion of foreign students without scholarship-related residency in Switzerland in relation to the number of enrolled students.

1. The study regulations govern

a) the admission of students to courses and examinations;

b) the forms and scope of study;

c) the required academic achievements;

d) the diplomas and titles.

1. The university may charge fees for

a) enrollment;

b) participation in classes (tuition fees);

c) examinations;

d) special services of the university.

2. The University Council issues a fee regulation.

3. The fees for enrolled students in the "Teaching" performance area require the approval of the government of the Canton of St.Gallen.

4. The university may waive the fees, in whole or in part, in special cases.

**1. Tuition fees pursuant to Art. 28 para. 3 of this decree shall not exceed:**

a) For Swiss students or for foreign students who, at the time of obtaining the recognized vocational baccalaureate certificate or equivalent document, resided in Switzerland or in the Principality of Liechtenstein, the maximum amount creditable pursuant to Art. 10 of the Intercantonal Agreement on Universities of Applied Sciences (FHV) as of 2005 dated June 12, 2003, but not more than CHF 4,000 per academic year;

b) For foreign students who, at the time of obtaining the recognized vocational baccalaureate certificate or equivalent document, resided outside Switzerland or the Principality of Liechtenstein, or who cannot prove a former residence in Switzerland or the Principality of Liechtenstein, the contribution pursuant to Art. 9 of the Intercantonal Agreement on Universities of Applied Sciences (FHV) as of 2005 dated June 12, 2003.

1. Whoever successfully completes the study programs at the university is entitled to hold the corresponding title.

2. A title that has been wrongfully obtained shall be revoked by the authority that conferred it.

3. The Canton of St. Gallen regulates the protection of titles, to the extent that it is not governed by federal legislation or within the framework of Swiss university coordination.

1. The enrolled students constitute the student body.

2. It is entitled to adequate information and participation.

3. The university council establishes the rights and obligations, structure of participation, and framework conditions for organization in the university statutes.

1. The University Council regulates the disciplinary code for participants in courses and for applicants for admission to the university.

2. As the most severe disciplinary measure, it may provide for the permanent exclusion from studying at the university.

1. The performance agreement specifies the tasks of the university pursuant to Article 3 of this decree and according to the university statute.

2. The performance agreement particularly establishes

a) Development priorities;

b) Services to be provided and criteria for achieving objectives;

c) Need for public funds.

3. It is granted for four years and renewed at the beginning of the third calendar year after the commencement of the term of office for the authorities of the Canton of St. Gallen.

4. If the performance agreement is not renewed in time before the agreed duration expires, the previous performance agreement continues until renewal.

1. The university finances its expenditures through

a) fees;

b) contributions from sponsors;

c) other income.

1. The cantons of Schwyz, Glarus, Appenzell Ausserrhoden, Appenzell Innerrhoden, Thurgau, and the Principality of Liechtenstein provide FHV contributions along with a surcharge.

2. The surcharge compensates for participation in the sponsorship of the university on a lump-sum basis, specifically

a) residual costs of study programs in the field of performance "teaching";

b) basic financing in the field of performance "research";

c) investments in equipment and construction infrastructure.

3. The surcharge to the FHV contributions according to paragraph 1 of this provision is determined for each department in the annex to this enactment.

1. The surcharge on the FHV contributions according to Art. 35 of this decree may be adjusted if

a) the assessment of federal contributions or FHV contributions undergoes a permanent change;

b) the range of services offered by the university experiences a change in the subject areas.

2. The governments of the sponsors shall determine the amount of the surcharge and the timing of the adjustment by a unanimous resolution at the request of the sponsors' conference. The adjustment requires approval by the competent organs of the sponsors.

1. The Contribution by the Canton of St. Gallen

a) ensures the fulfillment of the service mandate;

b) is established as a flat rate and also deducts FHV contributions as well as location advantages;

c) is decided for four years and is renewed at the beginning of the third calendar year following the commencement of the term of office for the authorities of the Canton of St. Gallen.

2. In the financial budget of the Canton of St. Gallen, the contribution to the university is a special credit in the income statement. It is adjusted in the event of a general change in salaries for state personnel of the Canton of St. Gallen in such a way that it fully reflects the salary total of the university employees charged to the special credit.

3. If the service mandate is not renewed in a timely manner, the Canton of St. Gallen shall make an advance payment for another year in the amount of the last annual installment.

1. The university fulfills its performance mandate and uses the contribution from the sponsoring authority as well as other resources autonomously.

2. It prepares the annual financial statement in accordance with the regulations of the government of the Canton of St. Gallen regarding financial reporting.

1. The university utilizes opportunities and assumes risks in the scope of fulfilling the performance mandate.

2. To maintain the ability to develop and manage risks, it forms and uses equity capital in accordance with the regulations of the government of the Canton of St. Gallen.

3. If unforeseen developments or extraordinary circumstances jeopardize the fulfillment of the performance mandate, the university requests an adjustment of the performance mandate or the contribution from the Canton of St. Gallen.

1. For employment relationships, the personnel law of the Canton of St. Gallen applies accordingly, subject to Article 50 letter b of this agreement and insofar as the university does not issue specific personnel regulations.

2. The University Council shall issue personnel regulations. These regulations contain specific personnel provisions that take into account the circumstances of the university and regulate, in particular, the conciliation procedure in personnel law disputes.

3. The personnel regulations according to paragraph 2 of this provision require the approval of the government of the Canton of St. Gallen to be valid.

1. Employees have the right to appropriate information and participation. The details are outlined in the university statutes.

1. The Liability of Bodies and Personnel is Governed by the Law on the Liability of Public Corporations and Institutions and the Responsibility of Authorities and Public Employees (Liability Act) of the Canton of St. Gallen dated December 7, 1959.

1. The Canton of St.Gallen provides the university with the real estate it requires to fulfill its performance mandate.

2. The university pays compensation for the use based on a full cost accounting approach.

3. It is responsible for maintenance.

1. Insofar as the real estate provided by the Canton of St. Gallen does not cover the demand for real estate according to the service agreement, the university may enter into lease agreements.

1. The university has an internal control system and risk management that is appropriate to the risks.

2. It provides, in accordance with the regulations of the government of the Canton of St.Gallen

a) an annual business report. This report particularly addresses the state of performance delivery and use of resources;

b) a report every four years on the fulfillment of the performance mandate and the use of the subsidy from the Canton of St.Gallen.

1. The governments of the sponsors and the competent departments, as well as the sponsors' conference, receive all relevant information and documents from the university council.

1. Administrative Procedure and Judicial Review are governed by the Law on Administrative Jurisdiction of the Canton of St. Gallen dated May 16, 1965, insofar as this enactment does not provide otherwise.

1. The University Council elects the President as well as the members of the Appeals Commission.

2. Its members include

a) a President;

b) three full-time lecturers;

c) a representative of the student body;

d) with an advisory vote, a legal secretary.

1. The Appeals Commission decides on appeals against orders issued by the university administration or subordinate offices of the university administration, which are based on admission, study, and examination regulations as well as disciplinary regulations according to Art. 32 of this decree.

1. The Administrative Court of the Canton of St. Gallen adjudicates

a) Appeals against orders and decisions of the university's authorities;

b) Employment-related lawsuits following prior conciliation proceedings.

1. The governments of the sponsors may terminate their membership by providing notice of termination three years in advance, effective at the end of a service contract period, by giving written notification to the governments of the other sponsors.

1. The remaining members may terminate their membership on the same termination date within three months of receiving the notice of termination.

1. If the Canton of St. Gallen and at least two other sponsors remain, the agreement shall continue among them. The withdrawing sponsors shall have no claim to a share of the university’s assets.

2. If only the Canton of St. Gallen and one other sponsor remain, the Canton of St. Gallen may

a) continue the university with the remaining sponsor and potentially new sponsors under the continuation of this agreement. The withdrawing sponsors shall have no claim to a share of the university’s assets;

b) continue the university with the remaining sponsor and potentially new sponsors by entering into a new agreement. All assets and liabilities of the university, as well as the rights to its name, will be transferred to the new sponsors without compensation;

c) continue the university alone. All assets and liabilities of the university, as well as the rights to its name, will be transferred to the new sponsorship without compensation.

1. The following agreements are repealed

a) Agreement concerning the Intercantonal University of Applied Sciences St.Gallen dated March 16, 1999;

b) Agreement concerning the University of Rapperswil dated May 26, 2015.

2. The repeal of the agreement concerning the University of Technology Buchs dated June 20, 1968, is subject to a separate agreement.

3. The regulations enacted in execution of the agreements pursuant to paragraphs 1 and 2 of this provision shall remain valid until repealed by the University Council, unless this enactment specifies otherwise.

1. The University is the legal successor of the Intercantonal University of Applied Sciences St.Gallen, the University of Rapperswil, and the University of Technology Buchs.

1. The real estate properties owned by the Intercantonal University of Applied Sciences St.Gallen and the University of Applied Sciences Rapperswil at the commencement of this agreement shall transfer to the ownership of the Canton of St.Gallen.

2. The handling of real estate properties owned by the University of Applied Sciences Buchs at the commencement of this agreement is subject to a separate agreement.

1. As of the commencement of this decree, the new university shall take over the personnel from the Intercantonal University of Applied Sciences St. Gallen, the University of Rapperswil, and the University of Technology Buchs.

2. Unless personnel regulations of the new university already apply, the employment relationships shall continue under the personnel law of the former universities.

3. The University Council shall regulate the details, subject to the approval of the government of the Canton of St. Gallen.

1. The Canton of St. Gallen shall settle any potential shortfall from the affiliation agreement with the "BVK Personalvorsorge des Kantons Zürich" at the time of transfer to another pension institution for the personnel taken over from the Rapperswil University of Applied Sciences pursuant to Article 57 of this enactment, unless the university covers this deficiency from its own resources.

2. If the financing contribution made includes the pre-financing of an insured person's participation, the university may involve the personnel insured with the "BVK Personalvorsorge des Kantons Zürich" at the time of transfer in the financing.

3. The government of the Canton of St. Gallen shall regulate the assessment and reimbursement of the insured persons' participation.

1. If this agreement does not come into effect at the beginning of a calendar year, the year in which it comes into effect shall be referred to as the transition year.

2. During the transition year, the contracting parties shall contribute their share to the uncovered costs of the Intercantonal University of Applied Sciences St.Gallen, the University of Rapperswil, and the University of Technology Buchs in accordance with the existing carrier agreements for the entire fiscal year (January 1 to December 31).

3. The preparation of the annual financial statements and the determination of the carrier contributions for the transition year shall, subject to paragraph 4 of this provision, be carried out in accordance with the existing carrier agreements of the Intercantonal University of Applied Sciences St.Gallen, the University of Rapperswil, and the University of Technology Buchs.

4. The adoption of the annual financial statement and the activity report for the transition year shall be jointly carried out by the respective competent government member of the carriers on behalf of the governments.

5. If this agreement comes into effect at the beginning of a calendar year, paragraphs 3 and 4 of this provision shall be applied accordingly to the annual financial statement and the activity report of the preceding year.

1. The first service mandate and the first financial contribution from the Canton of St. Gallen under this decree shall apply for the years 2021 to 2022.

1. The Governing Board as per Art. 13 of this decree shall commence its activities on January 1, 2020.

2. During the founding phase of the university, until the implementation of all provisions of this decree, the Governing Board shall also be responsible, in addition to the tasks outlined in Art. 13 para. 2 of this decree, for

a) Establishing the founding organization of the university (up to and including the department level);

b) Establishing the employment relationships of the members of the university management;

c) Determining the corporate identity and design of the university.

1. Election and Commencement of Office of the University Council pursuant to Article 18 of this Decree shall occur on January 1, 2020.

2. The initial election shall be for an extended first term of office from January 1, 2020, to May 31, 2024.

1. The term of office of the members of the judicial bodies of the Intercantonal University of Applied Sciences of St.Gallen, the University of Rapperswil, and the University of Technology Buchs is extended until the assumption of duties by the judicial bodies in accordance with Section VI of this decree.

2. Upon assuming office, the Appeals Commission pursuant to Art. 48 of this decree shall take over the pending procedures from the internal university complaint bodies of the previous universities. It shall continue the procedures within the structures of the new university and adjudicate disputes according to the previous law.

3. Upon the assumption of office by the Appeals Commission pursuant to Art. 48 of this decree, the Administrative Court of the Canton of St.Gallen shall take over the pending procedures from the independent judicial complaint bodies external to the universities of the previous universities. It shall continue the procedures within the structures of the new university and adjudicate disputes according to the previous law.

1. This agreement becomes legally valid when at least the Canton of St. Gallen and two other parties have acceded.

1. The Government of the Canton of St. Gallen decides on the commencement of enforcement.