Intercantonal Agreement on Swiss Higher Education (Higher Education Concordat) (Hochschulkonkordat) - Purpose

1. The agreement governs the cooperation among the cantons that are parties to the agreement and with the Confederation in coordinating the Swiss higher education sector. In particular, it establishes the basis for, in accordance with the Swiss Federal Act on the Funding and Coordination of the Swiss Higher Education Sector (HEdA), working together with the Confederation to

a) ensure the coordination, quality, and competitiveness of the Swiss-wide higher education sector, particularly through the establishment of joint bodies;

b) regulate quality assurance and accreditation;

c) ensure the division of responsibilities in particularly cost-intensive areas;

d) implement the goals defined in Article 3 of the HEdA.

1. The concordat cantons are members of the Swiss Conference of Higher Education Institutions and are thus jointly involved with the Confederation in the coordination of the higher education sector.

2. They are higher education cantons, provided they sponsor a recognized higher education institution or an institution pursuant to Article 3, letter d.

1. The Agreement applies to

a) cantonal and intercantonal universities,

b) cantonal and intercantonal universities of applied sciences, and

c) cantonal and intercantonal universities of teacher education, as well as

d) institutions of higher education managed by the cantons in the field of basic education, which are recognized by the federal government as eligible for financial contributions.

1. The contracting cantons shall conclude a cooperation agreement with the Confederation to fulfill the joint tasks in accordance with Article 6 of the Higher Education Act (HFKG).

2. The conference of the contracting cantons may conclude further implementation agreements with the Confederation to achieve the objective described in Article 1.

3. If the cooperation agreement is not concluded or is terminated, the contracting cantons shall take the necessary measures to ensure the coordination of their higher education policy.

1. The Concordat Cantons and the Confederation establish the bodies defined in the HEdA for joint coordination in the Swiss higher education sector through the Cooperation Agreement.

2. The Swiss University Conference is the joint body of the Confederation and the Cantons.

3. Furthermore, the following joint bodies exist

a) the Rectors' Conference of Swiss Universities;

b) the Swiss Accreditation Council with the Swiss Agency for Accreditation and Quality Assurance (Swiss Accreditation Agency).

4. The HEdA and the Cooperation Agreement regulate the competencies, organization, and decision-making procedures of the joint bodies.

1. The Swiss University Conference is the highest authority of higher education policy in Switzerland. In the form of a plenary assembly or university council, it ensures coordination in the Swiss higher education sector through the Confederation and the cantons, within the competencies and procedures defined by the Higher Education Act (HFKG).

2. The directors of education from the agreement cantons are members of the plenary assembly of the Swiss University Conference.

3. The ten directors of education from the university cantons that have joined the Intercantonal Agreement on University Coordination of December 9, 1999, have seats on the University Council. The conference of the agreement cantons elects every four years those four other supporting cantons that also take seats on the University Council. The annex specifies which universities the members of the University Council represent and how many points are allocated to them.

4. The directors of education personally exercise their office. In cases of inability to attend, they may, with justified reasons, appoint a representative who will exercise their voting rights.

1. For the weighting of votes in resolutions of the University Council pursuant to Article 17 HFKG, each cantonal representation in the University Council is allocated a number of points proportional to the number of enrolled students studying in the territory of the canton at cantonal universities and at inter-cantonal universities or their subdivisions. Members of the University Council receive at least one point. The allocation of points is presented in the annex.

1. The contracting cantons participate in covering up to 50 percent of the costs of the Swiss University Conference pursuant to Article 9, paragraph 2 of the Higher Education Funding and Coordination Act (HFKG).

2. The contribution pursuant to paragraph 1 is borne by the contracting cantons according to the following distribution key

a) one half according to their population size;

b) one half by the university sponsors corresponding to the number of students they represent.

3. The university sponsors participate in covering up to 50 percent of the costs, corresponding to the number of students they represent

a) in the costs of the Rectors' Conference, insofar as they arise from fulfilling the tasks according to HFKG,

b) and in the costs of the Swiss Accreditation Council and its accreditation agency, insofar as these are not covered by fees pursuant to Article 35, paragraph 1 HFKG.

4. Sponsoring bodies with multiple cantons independently regulate how these costs are divided among the participating cantons.

5. The cooperation agreement contains the principles by which the Swiss University Conference regulates the bearing of the costs of the Rectors' Conference.

1. The Conference of the Agreement Cantons consists of the Directors of Education of the cantons that have acceded to the agreement. It constitutes itself.

2. It makes its decisions by a two-thirds majority of the members present.

1. The Conference of the Signatory Cantons is responsible for the implementation of the agreement. Specifically, it is responsible for concluding agreements pursuant to Article 4 paragraphs 1 and 2, for deciding on measures pursuant to Article 4 paragraph 3, and every two years for determining the points for vote weighting in the Higher Education Council pursuant to Article 7.

2. It proposes two Directors of Education to the plenary assembly of the Swiss Higher Education Conference for election as Vice President.

1. The inter-cantonal university contributions are allocated based on the Intercantonal University Agreement (IUA) of February 20, 1997, and the Intercantonal University of Applied Sciences Agreement (IUASA) of June 12, 2003.

1. The Protection of University Titles is Governed by Article 62 HEdA.

2. Anyone who uses a title protected under cantonal or intercantonal law without possessing the corresponding recognized educational qualification, or anyone who uses a similar title that creates the impression of having obtained a recognized educational qualification, shall be punished with a fine. Negligence is punishable. The prosecution is the responsibility of the cantons.

1. The administration in the execution of this agreement is the responsibility of the General Secretariat of the EDK. It, in consultation with the relevant department heads of the cantons, manages the ongoing work of the Conference of the Agreeing Cantons as well as other higher education political affairs of the EDK, unless other responsibilities exist, and cooperates with the responsible federal office.

2. Cooperation with the responsible federal office in the management of the University Council of the Swiss Conference of Higher Education Institutions is carried out through the relevant department heads of the cantons represented in the University Council and a representation of the General Secretariat of the EDK.

3. The costs of the agreement activity are distributed among the agreeing cantons in proportion to the population, subject to Article 8.

1. For disputes arising from the present University Concordat, the dispute resolution procedure in accordance with the Framework Agreement for Intercantonal Cooperation with Financial Equalization (IRV) of June 24, 2005, shall apply.

2. If the dispute cannot be settled, the Federal Supreme Court shall decide the matter upon complaint in accordance with Article 120, paragraph 1, letter b of the Federal Supreme Court Act.

1. The accession to this agreement shall be declared to the Board of the Swiss Conference of Cantonal Directors of Education.

1. The withdrawal from the agreement must be declared to the Board of the Swiss Conference of Cantonal Ministers of Education. It becomes effective at the end of the third calendar year following the declaration of withdrawal.

2. Upon withdrawal, all agreements pursuant to Article 4 shall also be deemed terminated as of the effective date of the withdrawal.

1. The Executive Board of the Swiss Conference of Cantonal Ministers of Education decides on the entry into force of the agreement when at least 14 cantons have joined, including at least eight of the concordat cantons of the Intercantonal Concordat on University Coordination of December 9, 1999. However, the entry into force shall not occur before the Higher Education Funding Act (HFKG) comes into effect.