Intercantonal Agreement on the Zurich University of Applied Sciences in Special Needs Education - Sponsor

1. The Cantons of Zurich, Schwyz, Obwalden, Glarus, Zug, Solothurn, Schaffhausen, Appenzell Ausserrhoden, Appenzell Innerrhoden, St. Gallen, Graubünden, Aargau, and Thurgau establish and jointly operate a University of Special Education (University of Special Education HfH, hereinafter referred to as the University).

2. The Principality of Liechtenstein may join the agreement with the same rights and obligations as those of a supporting canton.

1. The university is a public-law institution with its own legal personality and the right to self-governance.

2. The seat of the university is Zurich.

1. The university serves the purpose of providing education and training for special education teachers and pedagogical-therapeutic specialists.

2. The university conducts application-oriented research and development work in its field of activity and provides services for third parties.

3. The activities of the university are governed, as necessary, by the regulations of the federal government, inter-cantonal agreements, and, where applicable, the supporting cantons regarding the recognition of certificates and diplomas issued by the university.

4. The university takes into account the needs of students with disabilities.

1. The freedom of teaching and research is guaranteed within the framework of the educational objectives of the university.

1. The university offers education and training, taking into account the professional, specialized, and functional requirements in the following areas

1. Area of Special Education Teaching Professions;

2. Area of Educational-Therapeutic Professions.

2. The university may also offer training programs in the aforementioned and related areas, which do not need to meet the requirements of a university course.

3. The further education relates to the issues and tasks of general and special education.

1. The governments of the sponsoring cantons may, by mutually agreed resolutions, introduce additional fields of study and abolish existing ones.

1. Research at the university serves the application-oriented further development of

1. special education and related fields;

2. primarily the fields of study in which the university provides education.

2. The results of the research are incorporated into teaching.

1. Services for the Benefit of Third Parties Support the Mutual Integration of Teaching, Research, and Practice.

1. The university collaborates with universities, with other educational colleges, and with additional institutions domestically and internationally, particularly with the university of applied sciences region to which it is assigned. It may enter into contracts for this purpose.

1. The university may conclude agreements with non-sponsoring cantons and with the Principality of Liechtenstein (hereinafter referred to as contracting cantons) regarding the admission of students to certain educational programs and may include non-sponsoring cantons in the sponsorship arrangement.

2. Decisions concerning inclusion in the sponsorship arrangement require the approval of the sponsoring cantons. The governments designate the competent authority for their canton.

1. The university is subject to the supervision of the sponsoring cantons.

1. If more candidates apply for admission to a course of study than the number of places reasonably available for proper training, admission may be restricted for one year at a time.

2. Candidates from the sponsoring cantons shall have priority over other applicants in the event of a shortage of places.

3. Candidates from contracting cantons are to be treated as equivalent to applicants from the sponsoring cantons if there are no other reasonable and comparable courses of study available within Switzerland for the area for which admission restrictions have been imposed.

4. Training places will be distributed among the sponsoring cantons and the contracting cantons as far as possible according to the population figures as of January 1 of the previous year. Cantons with small populations may be assured a fixed number of training places in advance.

5. Possible criteria in the event of admission restrictions are: age, length of professional experience, aptitude.

1. Organs of the University are

1. the University Council;

2. the School Administration;

3. the Appeals Commission.

1. The University Council should, as far as possible, include representatives from areas other than education and culture.

2. Each sponsoring canton is entitled to a representative on the University Council. The canton that provides the President is entitled to a second member.

3. The following are involved in all meetings with an advisory vote and the right to make motions

1. the leadership of the university;

2. a representative of the staff.

1. The governments appoint the representatives of their canton for a common term of office of four years or for the remainder of the term.

2. The governments may dismiss the representatives of their canton at any time for important reasons.

1. The University Council constitutes itself.

1. The university council is responsible for the leadership of the university in all fundamental matters. It issues a mission statement and periodically defines the performance mandate.

2. It is responsible for quality assurance and controlling.

1. The University Council specifically has the following duties

1. It adopts a set of internal rules for itself and regulates conflicts of interest.

2. It determines the location of the school, especially for decentralized training programs.

3. It applies for the introduction of new and the abolition of existing study areas.

4. It determines the focal points in training and further education.

5. It establishes the individual training programs and decides in cases of doubt on their execution.

6. It decides on the implementation of training programs in related fields.

7. It concludes contracts with non-supporting cantons and incorporates them into the sponsorship. Subject to § 12, paragraph 2.

8. It concludes cooperation agreements.

9. It organizes the structure of the school management and sets forth their powers.

10. It regulates employment relationships, salaries, disciplinary matters, insofar as they are not regulated by this agreement, and insurance for the University's staff and governs participation rights.

11. It decides on the employment of the members of the school management and the faculty members intended for permanent deployment.

12. It decides on the dismissal of staff for disciplinary and other important reasons. It determines the competence for ordering other disciplinary measures.

13. It drafts the annual budget on behalf of the supporting cantons, determines the annual financial statement, and approves the annual report. It issues guidelines for budget preparation.

14. It decides on any supplementary credits, subject to the approval of the supporting cantons.

15. It decides on the conclusion and termination of leases of significant importance.

16. It issues regulations on admission to the University, promotion, examinations, and graduation certificates and diplomas.

17. It decides on admission restrictions, determines the criteria relevant for admission and their weighting, and identifies the areas where no further comparable and reasonable Swiss training programs exist.

18. It issues regulations on the rights and obligations of students and on discipline.

19. It decides on the expulsion of students for disciplinary reasons.

20. It sets the tuition fees and charges.

21. It decides on appeals against decisions of subordinate instances of the University.

22. It elects the appeals commission.

23. It regulates the remuneration of the appeals commission and any arbitration tribunals.

24. It asserts claims for damages and recourse on behalf of the University.

25. It issues further regulations necessary for the direct execution of the agreement.

1. The University Council may establish permanent or temporary committees from among its members as needed and assign them tasks to be independently completed, either by these committees or by its President. The powers pursuant to § 18 cannot be delegated.

1. The management of the university is responsible for the administration of the institution, insofar as it is not reserved for the university council by this agreement. The school management is accountable to the university council for this task.

2. The school management shall ensure the fulfillment of the performance mandate and the appropriate use of the approved funds.

1. The school administration and its subordinate authorities hold all powers that are neither expressly assigned to the university council nor can be attributed to it by the context of the matter.

1. The appeals commission comprises three members, each elected for a joint term of office of four years or for the remainder thereof.

2. The members may not be employed by the university in any other capacity.

3. The appeals commission constitutes itself.

1. The Appeals Commission handles complaints against orders and decisions of the University Council.

1. Standing to Appeal and Procedure are Governed by the Relevant Provisions of the Canton of Domicile.

1. The staff members of the university are employed under public law. In special cases, employment under private law is possible.

1. The employees of the university are guaranteed an appropriate level of participation, particularly through representation on the university council.

1. The rights and obligations of the students are governed by the relevant regulations.

2. The students are granted appropriate participation.

1. The budget estimate, along with the cost distribution, must be submitted to the sponsor cantons in a timely manner for their resolution.

1. Surpluses and deficits may be carried over to the next account up to a maximum of 10 percent of the average budget of the last three years.

2. The allocation to the contributing cantons is determined by the year in which the surplus was achieved or the deficit occurred.

1. Supplementary credits are used to cover necessary, unforeseeable, and unavoidable expenses that cannot be otherwise financed.

2. Approval by the supporting cantons must be obtained as swiftly as possible.

3. Supplementary credits are charged to the supporting cantons according to the rules regarding the allocation of expenses.

1. The annual financial statement must be submitted to the supporting cantons for approval.

1. Financial supervision shall be conducted in accordance with the regulations of the canton where the seat is located.

2. The rights of the other sponsoring cantons to conduct their own audits remain reserved.

1. The Expenditures of the University Shall be Covered, in Particular, by

1. The annual contributions from the sponsoring cantons, which are performance-based, calculated based on the budget, generally standardized, according to the number of students and taking into account any federal contributions;

2. an appropriate location contribution from the Canton of Zurich as the host canton;

3. the contributions of contract cantons, which must cover the expenditures;

4. tuition fees and charges;

5. the compensation for services rendered for third parties and by further own contributions.

1. Tuition fees, enrollment fees, and examination fees shall be levied. They are to be determined taking into account the rates applicable at comparable Swiss universities.

2. Special fees may be charged for specific courses, events, and services.

3. Students who do not belong to or are not attributed to a sponsoring canton are generally required to pay cost-covering tuition fees, unless these are covered by an agreement with the university by their canton or settled on the basis of international agreements.

4. Cost-covering tuition fees are generally to be charged for postgraduate studies and courses.

1. Services for the Benefit of Third Parties Should Generally Be Billed at Cost-Covering Rates.

1. The contributions of the individual supporting cantons are calculated after deducting all other revenues of the university according to the following criteria

1. Number of students attributed to the individual cantons;

2. Number of students in the individual study programs;

3. Costs of the individual study programs.

2. The total costs are distributed as follows

1. One third based on the total number of students;

2. Two thirds based on the number of students in the individual study programs and their costs.

3. The contribution rates are definitively fixed for a period of three years. The relevant figures are those from the five immediately preceding academic years.

1. Any potential constructions and the allocation of the corresponding expenses are subject to special agreements between the sponsoring cantons.

1. The contributing cantons shall transfer their contributions according to the budget in quarterly installments at the beginning of each quarter.

1. The university is liable for the damage caused by an employee, in the execution of their official duties, unlawfully, whether with or without fault, to third parties.

2. The injured party cannot directly hold the employee accountable.

1. The university, which has provided compensation based on this agreement or pursuant to other regulations, is entitled to recourse against the employees who have caused the damage intentionally or through gross negligence.

2. With respect to persons employed or commissioned under contract law, recourse is governed by private law.

1. Claims against members of the University Council may only be asserted by the individual supporting cantons. The competent courts for decisions are those of the canton where the seat is located.

2. Furthermore, the liability is subject to the regulations of the canton where the seat is located.

1. Disciplinary measures shall be taken against employees who intentionally or negligently violate their duties.

2. Only the provisions of private law can be applied to persons who are employed under the law of obligations.

1. Disciplinary Measures Are

1. Reprimand;

2. Monetary Fine up to CHF 5000;

3. Temporary Suspension from Duty with or without Salary Deduction;

4. Transfer to Provisional Employment Status;

5. Disciplinary Dismissal.

1. For the procedure, the decision, and the statute of limitations, the applicable regulations of the university shall apply.

**1.** If disputes arise from this agreement between the supporting cantons or between the supporting cantons and the university, they shall, if necessary, be resolved by an arbitration court.

**2.** Each party to the dispute shall appoint one member. The parties shall mutually designate one or two additional members, so that an odd total number is achieved in all cases.

**3.** The arbitration court shall constitute itself. If the members cannot agree on the designation of the chairwoman or chairman, they shall be appointed by the president of the administrative court of the canton of the seat.

**4.** The Concordat on Arbitration of March 27, 1969, shall apply in other respects.

1. The participating cantons may terminate their membership at the end of an academic year, subject to a three-year notice period.

1. Definitive orders or decisions of the university directed towards payment or the provision of security are equivalent to enforceable judicial judgments with regard to legal enforcement.

1. The University Council shall make the arrangements necessary for a smooth transition. For this purpose, it is authorized, if necessary, to temporarily deviate from individual provisions of this agreement. In particular, when determining the distribution key among the supporting cantons for the first three-year contribution period, it is not bound by the provisions of this agreement.

1. The Intercantonal Agreement on the Heilpädagogisches Seminar Zurich dated March 19, 1984, is repealed.

1. Provisions issued based on the Intercantonal Agreement on the Special Education Seminar Zurich dated March 19, 1984, shall remain in force insofar as they do not conflict with the present agreement. Otherwise, they must be adapted within one year of the entry into force of this agreement. If this is not done, they shall become void after the expiration of the year.

2. Students who have commenced their education according to the provisions of the Special Education Seminar Zurich may complete their studies under the former law within a reasonable period in all cases.

1. This agreement shall come into effect upon acceptance by the competent authorities of the constituent cantons and upon the election of the University Council, on a date to be determined by the latter.