International Inter-Institutional Agreement UPPS No. 02.01.02
Policy
and Procedures Issue
No. 2
Effective
Date: 11/18/2010
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 periodically receives opportunities to interact with
universities, governments, and non-governmental organizations outside 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, which is overseen by The Texas State University System Board of
Regents. In addition, Texas State is committed to ensure 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.
01.02 All international agreements must coincide
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. The 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 an
“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 cooperating institutions. An MOU must involve at least one Texas State
department and may provide an avenue for future collaboration through an
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 with previously identified resources. 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 with an
institution or entity outside the United States.
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 (sometimes
referred to as the academic program director or ‘APD’ in student exchange
agreements) develops and manages an IA; establishes that sufficient time,
funding, and other resources are available; and identifies and maintains
contact with the international entity.
02.05 A
reciprocal exchange agreement, referred to here as an
“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 may or may not occur
concurrently.
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
student exchange may or may not occur concurrently.
03. PROCEDURES
FOR INITIATING AN MOU
03.01 An international entity’s
representative or a Texas State faculty member, staff, or administrator may
initiate an MOU. 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 Prior to negotiation with the
proposed entity, the MOU initiator begins the approval process by completing
the International Inter-Institutional MOU Checklist, Attachment
I, and routing the itemized list as indicated in Section 03.01. Should
the international entity provide a draft MOU or a document that constitutes an
MOU, the MOU initiator should attach it to the checklist.
03.03 The Texas State MOU initiator
should prepare the MOU in English 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 if both parties sign the corresponding English version. An
English translation must accompany the other language versions to ensure both
contain identical details. Translation is the responsibility of the
initiating department or office and may increase the time required for the
approval process.
03.07 Because
MOUs initiated from international institutions vary in form and international
spellings and grammar from those most common in the United States, Texas State
will accept such MOUs as long as both institutions understand the intended
meaning.
03.08 The director of the International
Office, the department head, the college dean, the dean of the Graduate College
when graduate studies are involved, the associate vice president for Academic
Affairs, the university attorney, the assistant vice president for Research,
and, where applicable, the provost and vice president for Academic Affairs must
approve the MOU before the president receives it 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 A representative of an
international entity or a Texas State faculty member, staff, or administrator
may initiate an IA. 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. The initiator should allow nine
months from the MOU’s signing for preparation of the REA implementation.
04.04 Approval is sought by completing the International
Inter-Institutional Agreement Checklist, Attachment
II. Route the completed checklist as indicated, with the copy of the IA
attached, prior to any negotiation with the proposed entity.
04.05 IAs
involving students should address the following points:
a. Admission requirements, including current
standing at home institution (GPA, year and 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;
f. Tuition policy;
and
g. Grade equivalents.
04.06 IAs should contain each party’s
responsibilities, 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 each entity will
perform;
d. the location of the activities;
e. insurance requirements, such as medical and liability;
f. housing and living expense arrangements; and
g. 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 The Texas State IA initiator
should prepare the MOU in English 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. Prepare two original IAs in
English and two in the international entity’s language. 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 The IA
initiator must refer to and follow VPFSS/PPS 03.09.03,
Non-Resident Aliens-Contract Payments, when providing
compensation or reimbursement in any form to an international person.
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
retain all Texas State originals and send the appropriate corresponding
originals to the university representative or 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 Outline specific changes to an
existing IA 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. The university representative should ensure all addendums are in English
or accompanied by an English version. Addendums should contain at a 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 performs as indicated in Section 04.06;
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 a meeting with the appropriate offices,
university representative and others associated with the MOU or IA to discuss
the activity to date.
d. After receiving documentation to support the extension of the MOU or IA,
the International Office will circulate the renewal draft.
e. The university representative
must provide evidence to support the extension of the MOU or IA or the director
of the International Office will recommend termination 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 termination notice should
follow 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 After receiving documented
evidence to support termination, the International Office will forward a
letter, approved by the associate vice president for Academic Affairs, 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, Office of Distance April 1 E2Y
and Extended Learning
Chair and Professor, Department of April 1 E2Y
Modern Languages
Dean, 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
and Federal Relations
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