Central Swiss University of Applied Sciences Agreement - Purpose

1. The cantons of Lucerne, Uri, Schwyz, Obwalden, Nidwalden, and Zug, hereinafter referred to as the supporting cantons, jointly operate a university of applied sciences in accordance with federal legislation.

2. Through this agreement, the supporting cantons regulate the management and financing of the university of applied sciences with the purpose of ensuring a demand-oriented, practice-oriented university of applied sciences offering in Central Switzerland.

3. The agreement further regulates the joint promotion of research and development as well as the transfer of knowledge.

1. The University of Applied Sciences is an inter-cantonal public-law institution of the supporting cantons with its own legal personality and the right of self-administration within the framework of this agreement and the performance mandate.

2. The name of the University of Applied Sciences is determined in the University of Applied Sciences Ordinance.

3. The University of Applied Sciences is located in Lucerne.

1. Core Duties of the University of Applied Sciences are Teaching and Research.

2. The University of Applied Sciences also offers Continuing Education and Services.

1. The University of Applied Sciences collaborates with other educational and research institutions both domestically and internationally. It coordinates the educational offerings, research areas, and services with other higher education institutions.

2. It may, in particular, operate joint institutes with other universities, offer joint courses, conduct joint research and development projects, and share infrastructure.

3. It promotes the exchange of students, educators, and researchers both domestically and internationally, as well as the mutual recognition of academic achievements and degrees.

1. The University of Applied Sciences promotes within the framework of its mandate

a) research and development

b) the exchange of knowledge, skills, and technology with the economy and society

2. For this purpose, it may participate in institutions or companies.

3. The Concordat Council may conclude performance agreements with institutions or companies of regional importance. These agreements must also specify the financing key and reporting. Such performance agreements require the unanimity of the Concordat Council.

1. The University of Applied Sciences maintains its independence and the freedom of teaching and research in its activities.

1. The supporting cantons grant the university of applied sciences a multi-year performance mandate.

2. The performance mandate may also assign the university of applied sciences educational tasks from other educational levels, provided these are of regional interest and are related in content to the educational offerings of the university of applied sciences.

1. Admission to University of Applied Sciences Studies, as well as study forms and extent, required academic achievements, degrees, and titles are governed by the provisions of federal law and the intercantonal agreement on the recognition of educational qualifications.

1. The Concordat Council may impose temporary admission restrictions upon request of the University of Applied Sciences Council. It may

a) restrict admission to Bachelor and Master degree programs if the demand for study places exceeds the supply

b) restrict the admission of foreign students who reside in Switzerland for educational purposes

2. As restrictive measures, the following may be considered in particular

a) consideration of aptitude criteria

b) consideration of the duration of practical experience

c) waiting lists

d) allocation to other universities of applied sciences for enrollment within the framework of agreements with other educational sponsors

3. Restrictive measures may be ordered individually or cumulatively.

1. Students are required to pay tuition fees to the University of Applied Sciences.

2. The Concordat Council issues a fee ordinance upon the request of the University of Applied Sciences Council. The amount of the fees is based on the tuition fees of comparable universities in Switzerland.

3. In justified cases, higher tuition fees may be established for foreign students who reside abroad or have relocated their residence to Switzerland less than two years prior to the start of studies.

4. Postgraduate studies and continuing education events are to be invoiced on a cost-covering basis. The Concordat Council regulates the exceptions.

1. Members of the University of Applied Sciences are staff and students.

2. They are entitled to appropriate information and participation.

3. The University Council regulates the appropriate level of participation of staff and students in the statute.

1. The university of applied sciences promotes the equality of women and men.

2. It supports the compatibility of studies, career, and family.

1. The personnel law of the Canton of Lucerne generally applies to the employees.

2. Upon the proposal of the University of Applied Sciences Council, the Concordat Council may issue specific personnel law provisions in a personnel ordinance that deviate from paragraph 1 and take into account the circumstances of the University of Applied Sciences.

1. The University of Applied Sciences Council regulates the rights and duties of students, disciplinary measures, and the corresponding responsibilities.

2. In serious disciplinary cases, expulsion from studies at the University of Applied Sciences is possible.

1. The parliaments of the sponsoring cantons have the supreme oversight over the University of Applied Sciences. They

a) acknowledge the multi-year performance mandate

b) acknowledge the reporting on the multi-year performance mandate

c) elect their members to the Interparliamentary University of Applied Sciences Commission

1. The parliaments of the supporting cantons delegate two members each, chosen from among their members, to the Interparliamentary University of Applied Sciences Commission (IFHK) for the duration of the term determined by cantonal law. Each commission member has one vote.

2. The IFHK constitutes itself. It adopts its own rules of procedure, which particularly govern the organization and voting process.

3. The IFHK acts as the body for joint parliamentary oversight. It

a) reviews the implementation of this agreement and reports to the parliaments,

b) comments on the multi-year performance mandate,

c) acknowledges the reporting on the multi-year performance mandate, the annual report, and the audit report,

d) is adequately informed by the Concordat Council and the institutions of the University of Applied Sciences,

e) can inspect the records of the University of Applied Sciences and obtain information from its bodies,

f) can propose amendments to this agreement to the Concordat Council,

g) can propose special supervisory legal measures to the parliaments,

h) can assign tasks to the auditing body.

1. The Governments of the Supporting Cantons

a) elect their representatives to the Concordat Council

b) approve the multi-year performance mandate

c) approve the reporting on the multi-year performance mandate

2. A resolution pursuant to paragraph 1(b) shall only be adopted if all governments agree.

1. The Concordat Council represents the interests of the funding body to the organs of the University of Applied Sciences and supervises the University of Applied Sciences.

2. It is composed of one member from each government of the sponsoring cantons. The chairmanship is held by the government member of the Canton of Lucerne. The Concordat Council is self-organizing.

3. The election, substitution, and mandating of the members of the Concordat Council is the responsibility of the individual governments of the sponsoring cantons.

1. The Concordat Council

a) prepares the matters to be decided by the governments and submits these proposals

b) regulates the implementation of the agreement in the University of Applied Sciences Ordinance and, if necessary, in the Personnel Ordinance

c) decides on strategic guidelines for the development of the development and financial plan to the University of Applied Sciences Council

d) approves the development and financial plan for the federal government as well as the infrastructure and investment planning

e) decides on the regular financial contributions of the supporting cantons in accordance with Article 28, as well as extraordinary contributions in accordance with Article 30 paragraph 3, and approves the annual budget

f) decides on admission restrictions in accordance with Article 9

g) elects the president of the University of Applied Sciences Council

h) elects the other members of the University of Applied Sciences Council

i) sets the compensation for the University of Applied Sciences Council

j) elects a professionally qualified audit office

k) approves the annual report and the annual accounts

l) adopts the reporting on the multi-year performance mandate for the supporting cantons

m) fulfills further tasks assigned to it by this agreement

2. Resolutions under paragraphs 1 b-f must be unanimous. All other resolutions are passed by a simple majority of the members.

1. Bodies of the University of Applied Sciences are

a) the Council of the University of Applied Sciences

b) the Management of the University of Applied Sciences

c) the Audit Office

2. The statute may provide for additional bodies.

1. The University of Applied Sciences Council bears the responsibility for strategic leadership within the framework of the directives of the Concordat Council.

2. It consists of five to nine members and is composed of individuals from society, education and science, business, and culture. They are elected for a term that corresponds to the duration of the multi-year performance mandate.

3. For important reasons, the Concordat Council may at any time dismiss the University of Applied Sciences Council or individual members.

1. The University of Applied Sciences Council

a) is responsible for fulfilling the multi-year performance mandate

b) monitors the quality of the services provided by the University of Applied Sciences

c) regulates the organization of the University of Applied Sciences and the duties of the university management in a statute

d) submits proposals to the Concordat Council concerning specific personnel regulations

e) elects the university management

f) submits proposals to the Concordat Council regarding the development and financial plan, the multi-year performance mandate, and the annual financial contributions in accordance with Article 28

g) adopts the annual budget for the attention of the Concordat Council

h) adopts the annual report and financial statements for the attention of the Concordat Council

i) provides a position on the audit report for the attention of the Concordat Council

j) adopts the reporting on the multi-year performance mandate for the attention of the Concordat Council

k) issues the necessary regulations

l) fulfills the additional tasks assigned to it by this agreement or by the implementing law

1. The university leadership holds operational management responsibility. It participates in the development of the strategy and implements it.

2. The organization and tasks of the university leadership are regulated by the statute.

1. The audit office annually reviews the financial statements of the university of applied sciences.

2. It reports to the Concordat Council and submits a proposal for the approval or rejection of the financial statements.

1. The sponsoring cantons govern the University of Applied Sciences through multi-year performance mandates. The performance mandate is based on the development and financial plan.

2. The performance mandate specifies, in particular

a) the development priorities

b) the performance and financial objectives of the University of Applied Sciences

c) the planned financial contributions of the sponsoring cantons

d) the reporting requirements

3. The performance mandate usually has a duration of four years.

4. The development and financial plan is aligned with the federal guidelines.

1. The university of applied sciences is managed according to business administration principles within the framework set by the federal government. It possesses the necessary instruments, in particular financial accounting, cost and performance accounting, as well as rolling financial planning.

2. The Concordat Council establishes the accounting standards in the university of applied sciences regulations.

3. For the services financed by only a single sponsoring canton, the costs and revenues must be reported separately.

1. The university of applied sciences finances its expenses through

a) Contributions from the sponsoring cantons

b) Contributions from the federal government

c) Contributions from non-sponsoring cantons for their students

d) Fees from the students

e) Compensation for services to third parties

f) Additional external funds

2. Services are to be provided on a cost-covering basis.

1. Based on the performance mandate and the rolling financial plan, the Concordat Council annually decides on the funding contributions from the member cantons.

2. It may adjust the contributions from the member cantons to changes in the conditions, provided that the achievement of the performance targets defined in the multi-year performance mandate is not thereby jeopardized.

3. If the Concordat Council does not make a new funding decision for a given year, the member cantons owe the funding contributions according to the last funding decision.

1. The financing contributions of the supporting cantons consist of

a) contributions per student from the supporting cantons, as owed under inter-cantonal law for students from non-supporting cantons as well

b) the global contribution to operating costs

c) the financing of the structural infrastructure

d) the base contribution for application-oriented research and development

e) the compensation for location advantages by the location cantons of the University of Applied Sciences

f) the flat rate for financing the expenses of the Concordat Council and the Interparliamentary University of Applied Sciences Commission

2. From the total of the contributions pursuant to paragraphs 1b-d, the compensation for location advantage pursuant to paragraph 1e is deducted. The remaining contributions are distributed among the supporting cantons in proportion to the average number of students in the penultimate calendar year.

3. The financing of the structural infrastructure must be measured in such a way that the ongoing costs for the structural infrastructure, including depreciation and interest, can be covered.

4. The compensation for location advantages pursuant to paragraph 1e amounts to 6 percent of the turnover expected, according to the budget, in the respective location canton by an institution belonging to the University of Applied Sciences.

5. The flat rate pursuant to paragraph 1f is borne equally by the supporting cantons.

6. Educational offerings managed on behalf of a single supporting canton are to be financed by that canton in a cost-covering manner.

7. Further details on the financing are regulated in the University of Applied Sciences Ordinance.

1. The University of Applied Sciences Council decides on the budget of the University of Applied Sciences annually within the framework of the multi-year performance mandate. The budget requires the approval of the Concordat Council.

2. The University of Applied Sciences may establish earmarked provisions for projects not yet completed by the end of the year.

3. The University of Applied Sciences may enter into commitments beyond the duration of the multi-year performance mandate, provided that no increase in funding contributions from the supporting cantons is necessary. If additional funds are needed beyond that, the University of Applied Sciences Council requests extraordinary contributions from the Concordat Council.

1. The equity capital consists of a mandatory reserve and a free reserve.

2. The mandatory reserve may only be used to cover operating losses or for measures to continue the university of applied sciences in the event of poor business performance. The decision on withdrawals rests with the Concordat Council.

3. The financial authorities for the use of the free reserve are regulated in the University of Applied Sciences Ordinance.

4. The University of Applied Sciences Ordinance regulates the reimbursement to the supporting cantons if a predetermined maximum value is exceeded.

1. 40 percent of the annual profit shall be allocated to the statutory reserve until it reaches 50 percent of the maximum allowable equity capital.

2. The remaining surplus income shall be allocated to the free reserve until the maximum equity capital is reached. Any surplus remaining thereafter shall be refunded to the cantons.

1. The university of applied sciences utilizes properties for its activities, which it rents from the host cantons or from third parties at market-based rental prices.

2. The development of long-term strategic infrastructure planning is undertaken by the respective host canton. This planning must be coordinated with the current development and financial planning of the university of applied sciences. The university of applied sciences is included by the host canton. The long-term strategic infrastructure planning is submitted to both the University Council and the Concordat Council for approval. The Concordat Council ensures the coordination of planning among the host cantons.

3. The Concordat Council establishes an equal representation committee for structural infrastructure. This committee is responsible for concretizing and implementing long-term planning.

4. The conclusion of lease agreements falls under the responsibility of the university of applied sciences management. Regulations specify which lease agreements require the unanimous approval of the Concordat Council.

1. The university of applied sciences is exempt from all cantonal and municipal taxes in the supporting cantons.

1. For the liabilities of the University of Applied Sciences, the cantons are subsidiarily liable. Towards third parties, they are jointly liable, while internally they are liable according to their financial contribution at the time an obligation arises.

2. The University of Applied Sciences is required to insure against specific risks.

3. The organs of the University of Applied Sciences and the employees are liable for damages they cause to the University due to intentional or grossly negligent breach of duty.

1. The Concordat Council is responsible for the execution of this agreement.

2. For areas not regulated in this agreement, the law of the canton where the entity is seated shall apply.

3. Resolutions and decisions regarding public-law claims of the university of applied sciences are equivalent to enforceable judgments under the legislation on debt enforcement and bankruptcy.

1. Whoever successfully completes their education at the University of Applied Sciences is entitled to use the corresponding title.

2. An unlawfully obtained title will be revoked by the authority that conferred it.

3. Anyone who uses a title protected by this agreement without being entitled to do so, or who uses a title that creates the impression that they have completed a corresponding recognized education, will be punished with imprisonment or a fine. Negligence is punishable. The prosecution is the responsibility of the cantons.

1. Decisions related to the admission, as well as the training and education of students, may be appealed in writing within 20 days. Disciplinary decisions are exempt from this.

2. Administrative appeals against disciplinary decisions, decisions on objections, and other decisions made by the bodies of the University of Applied Sciences based on this agreement or its subsequent decrees may be filed with the Department of Education and Culture of the Canton of Lucerne.

3. Appeals against decisions of this Department can be filed with the Administrative Court, provided that they are not excluded by the Act on Administrative Justice of the Canton of Lucerne dated July 3, 1972.

4. The procedure and further appeal follow the provisions of the Act on Administrative Justice of the Canton of Lucerne.

1. Disputes arising from the execution of this agreement between the contracting cantons shall be settled amicably.

2. In cases where an amicable settlement of a dispute is not possible, the procedure for dispute resolution shall be governed by the provisions of the Framework Agreement for Intercantonal Cooperation with Burden Sharing (IRV) of June 24, 2005.

1. Accession to this agreement shall be declared to the Council of the Concordat of the Central Swiss University of Applied Sciences Concordat dated July 2, 1999 (FHZ-Concordat).

1. This agreement may be terminated in writing at the end of any calendar year by providing a notice period of three years.

2. The remaining cantons shall decide on any adjustments or the termination of the agreement if requested by one of the remaining signatory cantons.

3. In the event of termination, the governments of the supporting cantons shall agree on the modalities of withdrawal or termination of the agreement. Existing obligations and the shares of assets contributed by the cantons must be taken into account.

1. The Concordat Council of the FHZ Concordat of July 2, 1999, determines the date of the entry into force of this agreement. A condition for the entry into force is the accession of all Central Switzerland cantons.

2. The entry into force is to be communicated to the Confederation.

3. Upon the entry into force of this agreement, the FHZ Concordat of July 2, 1999, is repealed.

1. Upon the entry into force of this agreement, the University of Applied Sciences takes over from the Canton of Lucerne the School of Engineering + Architecture, the School of Business, and the School of Art and Design.

2. The takeover of the universities in accordance with Article 3 of the UAS Concordat of July 2, 1999, by the University of Applied Sciences will be regulated by contract between the previous sponsors and the Concordat Council of the UAS Concordat of July 2, 1999. The contracts specifically regulate the assumption of rights and obligations of the previous sponsors as well as the takeover of assets and liabilities. The validity of the contracts requires the unanimous approval of the Concordat Council.

3. Upon the entry into force of this agreement, the University of Applied Sciences assumes the legal succession of the Central Switzerland University of Applied Sciences Concordat of July 2, 1999. It thereby assumes all contractual rights and obligations arising from this Concordat as well as its assets and liabilities.

4. To the extent and as long as new implementing regulations for this agreement have not been enacted, the previous implementation decrees of the UAS Concordat of July 2, 1999, shall apply, provided they do not contradict this agreement.