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Arrangements for Third Party Delivery of Coursework Programs Procedure

Procedure overview

1 Purpose

To provide a framework for arrangements relating to Coursework Program delivery by Third Party Providers that aligns with the University's strategic objectives and is quality assured.

2 Scope

This procedure applies to contractual agreements, including any changes that may need to be agreed by other Third Party Providers, that allow a Third Party Provider, on behalf of the University, to deliver some or all of a UniSQ Coursework Program that leads to the award of an Australian regulated higher education qualification.

This procedure does not apply to:

  • Coursework Dual Awards and Joint Degrees;
  • Licensing and other commercial arrangements;
  • International and domestic Research and Research training partnerships;
  • Study support centres located both within Australia and offshore; and
  • Student mobility programs.

3 Procedure Overview

This procedure sets out the processes for assessing, establishing, monitoring and reviewing arrangements for Coursework Program delivery between Third Party Providers and the University.

4 Procedures

University programs and Courses may be offered onshore and offshore in collaboration between the University and a Third Party Provider, or programs and Courses may be offered independently by the University.

4.1 Stage 1 - Due Diligence

4.1.1 Initiating a proposal

Proposals may be initiated by any staff member using the Education Partner Application form, available from the UniSQ Hub, which sets out the minimum requirements appropriate and proportionate to each prospective Third Party Arrangement. For this process, this staff member acts as the Proposal Initiator.

4.1.2 Consultation

As part of the initiation process, consultation must take place as set out in the table below, and with all academic units expected to be involved in teaching and/or service delivery under the Third Party Arrangement.

Type of Proposed Arrangement

Initial Consultation

Proposed international arrangements

  • UniSQ International (UniSQI)
  • Deputy Vice-Chancellor (Academic Affairs)
  • Dean (Academic)
  • Heads of School/College

Proposed domestic arrangements

  • Deputy Vice-Chancellor (Academic Affairs)
  • Dean (Academic)
  • Heads of School/College

4.1.3 Scope

The Proposal Initiator is responsible for the due diligence process and must complete the relevant section of the Education Partner Application form.

The due diligence process will consider a range of issues, including:

  1. capacity to enter into a contract with the University;
  2. ownership, governance, financial and legal structure and probity of the proposed Third Party Provider;
  3. the Third Party Provider's capacity to deliver programs, Courses and/or services to an appropriate standard and to fulfil obligations under the proposed Third Party Arrangement including appropriate staff qualifications and experience, if relevant, physical resources and facilities, Student support services, risk management and internal quality assurance processes;
  4. ability to comply with all applicable laws, regulatory requirements and University policies in the provision of services;
  5. financial sustainability and regulatory status of the Third Party Provider;
  6. alignment of the proposed arrangement with the University's vision, values and strategic priorities;
  7. the extent to which the arrangement is likely to enhance the domestic and/or international reputation of the University;
  8. benefits to the University from the proposed partnership arrangement; and
  9. possible impact on existing Third Party Arrangements.

Stage 1 partnership requests must be endorsed by the Deputy Vice-Chancellor (Academic Affairs) prior to submission to ensure all aspects have been adequately considered and appropriate consultation has been undertaken.

4.1.4 Review

Proposals will undergo a documentation review process before progressing to the next stage. The Proposal Initiator is responsible for providing any requested additional documents and evidence to assist those undertaking the review to assess potential risks and make informed decisions.

For international arrangements, offshore and onshore, review of the information provided in the Education Partner Application form is conducted by UniSQ International Partnerships, in consultation with the Dean (Academic).

For domestic arrangements, review of the information is conducted by the Dean (Academic), in consultation with Heads of School.

If any facilities and/or learning resources provided by the Third Party Provider are to be used in the delivery of University programs and Courses, a site visit will be coordinated by UniSQ International Partnerships at this stage unless there are exceptional circumstances. The purpose of the visit is to establish the appropriateness of facilities and resources and the equivalence of standards compared to University facilities and resources.

4.2 Stage 2 - Approval

Following completion of all reviews, documentation will be collated and forwarded to the International Partner Operations Committee (IPOC) by the committee services officer.

Following consideration of the proposal by IPOC, the committee services officer will advise the Proposal Initiator of the outcome. If in-principle approval is conveyed to the Proposal Initiator, the Proposal Initiator may proceed to preparing a detailed business case for a potential Third Party Arrangement. Where the proposal involves development of a new academic program, an academic proposal is also required.

The Proposal Initiator is responsible for the development of the business plan and where required, the academic proposal.

4.2.1 Business Plan

The business plan must be fully costed and include a risk analysis for new Third Party Arrangements and for significant changes to an existing Third Party Arrangement.

The business plan must outline an exit strategy, i.e. appropriate teach-out arrangements for its own Students if the Third Party Provider ceases operations, the agreement is terminated or when the agreement comes to an end.

For guidance on developing a business plan, refer to Finance and Business Solutions.

4.2.2 Academic Proposal

For Coursework Programs, the development, consultation and approval process of the academic proposal is set out in the Academic Programs and Courses Quality Policy, the Program Accreditation Procedure and the Program Development Team Schedule.

Articulation or Credit Transfer pathways that form part of an academic proposal will be managed in accordance with the Credit and Exemption Procedure.

4.2.3 In-principle Approval

Once development of the business plan and, where required, academic proposal is completed, the Proposal Initiator forwards all documentation to Partners@usq.edu.au.

Following consideration of the proposed new partnership or proposed significant change to an existing partnership by UniSQ International Strategy Committee (ISC), the ISC committee services officer will either return documentation to the Proposal Initiator to make revisions, or forward the proposal to the Vice-Chancellor's Executive (VCE) for in-principle approval before contract negotiation can begin.

In the case that revisions to the proposal are necessary, the Proposal Initiator must resubmit documentation to Partners@usq.edu.au for reconsideration by ISC.

Following in-principle approval from VCE, ISC reports the decision to commence contract negotiations to Academic Board and Council for noting.

4.3 Stage 3 - Establishment

4.3.1 Agreement content and approval

Legal agreement templates approved by the Legal Office are the basis of all University-initiated Third Party Arrangement contract negotiations and all contracts will managed through the University's centralised contract management system.

The nature of the partnership and the level of risk exposure will determine the scope of the agreement.

As a minimum, the agreement will set out:

  1. the scope and extent of the functions being undertaken by the Third Party Provider and the rights and responsibilities of the University and the Third Party Provider in respect of the agreement;
  2. mechanisms enabling monitoring, evaluation and quality control for the arrangement (including the use of comparative data and appropriate moderation processes) that ensure the University retains responsibility for academic standards and quality of the outcomes involved, and that the expected Student Learning Outcomes are equivalent to those for a program delivered solely by the University;
  3. staffing arrangements, where relevant, including required qualifications and/or professional experience in the relevant discipline;
  4. arrangements for the regular review of deliverables pursuant to the agreement, including performance measures;
  5. marketing and promotional activities, and ensuring that representation of the University's educational offerings and charges is accurate and not misleading;
  6. arrangements for amendments to the agreement, renewal and termination of agreement including provisions for teach-out; and
  7. the dispute resolution process.

Agreements will be prepared and negotiated as set out in the table below.

International Agreements

Agreement prepared by UniSQ International Partnerships in consultation with:

  • Legal Office
  • Pro Vice-Chancellor (International)
  • Provost
  • Deputy Vice-Chancellor (Academic Affairs), or nominee

Agreement negotiated with potential partner by:

  • Pro Vice-Chancellor (International), or nominee

Domestic Agreements

Agreement prepared by UniSQ International Partnerships in consultation with:

  • Legal Office
  • Deputy Vice-Chancellor (Academic Affairs), or nominee

Agreement negotiated with potential partner by:

  • Deputy Vice-Chancellor (Academic Affairs), or nominee

Once the Vice-Chancellor and the Third Party Provider have signed the Third Party Agreement, UniSQ International Partnerships will notify ISC that the agreement is fully executed and of the commencement date, as stated in the agreement.

The Vice-Chancellor will advise Academic Board and Council at the next scheduled meeting of the execution of the partnership agreement and the commencement date.

4.4 Stage 4 - Management

As part of governance arrangements, the University and the Third Party Provider will appoint a representative at senior management level to liaise regarding operation of the agreement.

For international agreements, the Pro Vice-Chancellor (International) may nominate a staff member who will be the key liaison with Academic Affairs for all matters related to international partnerships. The Deputy Vice-Chancellor (Academic Affairs) may nominate a staff member to act as the key liaison with UniSQ International Partnerships for all matters related to international partnership management.

For domestic agreements, the Deputy Vice-Chancellor (Academic Affairs) may nominate a staff member who will act as the key liaison for all matters related to domestic partnerships.

In consultation with Academic Affairs liaison staff, UniSQ International Partnerships will collate data from relevant units and develop an Annual Activity Schedule for each Third Party Arrangement, setting out key activity and responsible officers to facilitate regular contact and effective collaboration between the parties.

4.5 Stage 5 - Monitoring

4.5.1 Quality Assurance

In accordance with the Higher Education Standards Framework, the University:

  1. is accountable for the quality of education and any services delivered by a Third Party Provider on behalf of the University where these are related to the issue of an Australian qualification; and
  2. must ensure that the Third Party Arrangement meets and continues to meet the requirements of the Higher Education Standards Framework.

The University will conduct financial audits and quality assurance reviews of programs, Courses and/or services as part of the University quality assurance cycle, as specified in the agreement. The purpose of these reviews is to assure academic and business quality in the programs being delivered by Third Party Providers and to monitor any performance improvement activities.

4.5.2 Joint Management Committees

A Joint Management Committee (JMC) will be established for each Third Party Arrangement to provide advice and recommendations and will meet at least three times each calendar year, or as per the relevant Agreement. Semester by semester quality assurance reports and issues identified by the relevant Academic Affairs and/or UniSQ International Partnerships are to be tabled in a timely manner for discussion at the respective Provider JMC meetings.

Any resulting advice and recommendations from the JMC will be included in the annual partner report to IPOC and will be taken into account in agreeing on operational Key Performance Indicators and targets in relation to the Provider's delivery of the services for each calendar year of the agreement.

Where a Third Party Provider breaches the terms of a Third Party Arrangement, the Provider must investigate the reasons for the breach and provide the University with a detailed plan for rectifying the issue. Failure to comply with an agreed rectification plan may result in termination of the Agreement, in accordance with the terms of the contract.

4.6 Stage 6 - Reporting

The University may request reports from the Third Party Provider at any time during the term of the agreement in order for the University to satisfy itself that the Provider is performing its obligations under the agreement.

At a minimum, UniSQ International Partnerships and the relevant Academic Affairs will coordinate annual reporting to examine the extent to which each party has fulfilled their contractual obligations for the previous academic year and to inform continuous improvement. This may include:

Information

Responsibility

Reporting Activity

Load and enrolment data

Academic Quality Unit

IPOC reviews annual partner reports and makes recommendations, if any, to ISC

Student academic performance data

Academic Affairs

Student Grievances and Appeals

Academic Quality Unit

Student support processes

Students Portfolio

Financial data

Finance and Business Solutions

Feedback/issues

JMC

Provides annual reports to ISC on Third Party Provider performance

IPOC

ISC reviews IPOC recommendations, if any, and endorses to VCE

Provides annual summary report to the Vice-Chancellor, through VCE, on overall Third Party Provider performance

ISC

VCE reviews Third Party Provider performance

Reports to Council and its standing committees, as required

VCE

Council reviews Third Party Provider performance

Reports annually to Academic Board, via Education Quality Committee, by the date specified in the Academic Board Business Schedule

ISC

Academic Board monitors academic quality assurance of Third Party Arrangements

Reports annually to Council by the date specified in the Council Business Schedule

Academic Board

Council monitors academic quality assurance of Third Party Arrangements

Where there are International Students on Student visas accepted or studying in a program delivered by a Third Party Provider, any changes to the agreement with the Third Party must be approved by TEQSA prior to the changes being made.

4.7 Stage 7 - Review and renewal of agreement

Decisions regarding renewal of Third Party Arrangements will be informed by regular semester and annual partner reviews and any audits conducted or authorised by the University regarding the performance of the Third Party Provider's obligations under the agreement, and the benefits of the Arrangement to the University and the Provider.

Where a final review prior to renewal of a Third Party Arrangement is a contractual requirement, this must commence no later than nine months before contract expiry.

Responsibilities and authority to approve renewal of an agreement are the same as for initial establishment, outlined in section 4.3 of this procedure.

4.7.1 Termination of an agreement

Third Party Arrangements may be terminated in advance of the expiry date of an agreement according to the termination or exit clauses incorporated in the agreement.

Termination of an agreement is approved by the Vice-Chancellor, on the recommendation of ISC.

Where an agreement is terminated in advance of the agreement's nominated expiry date, appropriate advice, support and transition arrangements must be initiated for currently enrolled Students, as outlined in the agreement.

4.8 Roles and Responsibilities

The key stages and steps for a Third Party Arrangement are set out in the flowchart below.

Third Party Arrangement Flowchart

Third Party Arrangement Flowchart

Third Party Arrangement Flowchart

5 References

Nil.

6 Schedules

This procedure must be read in conjunction with its subordinate schedules as provided in the table below.

7 Procedure Information

Accountable Officer

Provost

Responsible Officer

Pro Vice-Chancellor (International)

Policy Type

University Procedure

Policy Suite

Educational Partnerships Policy

Subordinate Schedules

Approved Date

31/1/2022

Effective Date

31/1/2022

Review Date

20/1/2026

Relevant Legislation

Education Services for Overseas Students Act 2000

National Code of Practice for Providers of Education and Training to Overseas Students 2018

Higher Education Standards Framework (Threshold Standards) 2021

Policy Exceptions

Policy Exceptions Register

Related Policies

Academic Programs and Courses Quality Policy

Admissions Policy

Enrolment Policy

Related Procedures

Admissions Procedure

Credit and Exemption Procedure

English Language Proficiency Requirements Procedure

Enrolment Procedure

Program Accreditation Procedure

Transfer Between Providers Procedure

Related forms, publications and websites

Australian Qualifications Framework

Education Partner Application form

Definitions

Terms defined in the Definitions Dictionary

Course

A discrete element of a program, normally undertaken over a single Study Period, in which the Student enrols, and on completion of which the Student is awarded a grade....moreA discrete element of a program, normally undertaken over a single Study Period, in which the Student enrols, and on completion of which the Student is awarded a grade.

Coursework Program

A sequence of study consisting predominantly of Coursework....moreA sequence of study consisting predominantly of Coursework.

Credit

The number of units, up to a specified limit, granted towards a University Award on the basis of either previous Formal, Informal or Non-formal Learning. Credit reduces the number of Courses required to complete an Award Program....moreThe number of units, up to a specified limit, granted towards a University Award on the basis of either previous Formal, Informal or Non-formal Learning. Credit reduces the number of Courses required to complete an Award Program.

Credit Transfer

A process that provides Students with agreed and consistent Credit outcomes for components of a qualification based on identified equivalence in content and Learning Outcomes between matched qualifications....moreA process that provides Students with agreed and consistent Credit outcomes for components of a qualification based on identified equivalence in content and Learning Outcomes between matched qualifications.

Dual Award

A partnership arrangement involving one or more Coursework Programs that leads to two separate Awards, one awarded by University and one awarded by the partner institution. There is usually a mutual recognition of Credit between the institutions to allow Students to complete both Awards in a shorter time than if they were completed separately....moreA partnership arrangement involving one or more Coursework Programs that leads to two separate Awards, one awarded by University and one awarded by the partner institution. There is usually a mutual recognition of Credit between the institutions to allow Students to complete both Awards in a shorter time than if they were completed separately.

International Student

A Student who is not an Australian citizen, a New Zealand citizen, an Australian Permanent Resident or the holder of an Australian permanent humanitarian visa....moreA Student who is not an Australian citizen, a New Zealand citizen, an Australian Permanent Resident or the holder of an Australian permanent humanitarian visa.

Joint Degree

The awarding of a single qualification which is jointly conferred by the University and one or more partner institutions. In such arrangements, each institution delivers their own courses/content....moreThe awarding of a single qualification which is jointly conferred by the University and one or more partner institutions. In such arrangements, each institution delivers their own courses/content.

Key Performance Indicators

The key measures of activities the University is undertaking to achieve the aims of the strategic plan....moreThe key measures of activities the University is undertaking to achieve the aims of the strategic plan.

Research

Research is the creation of new knowledge and/or the use of existing knowledge in a new and creative way to generate new concepts, methodologies, inventions and understandings. This could include the synthesis and analysis of previous research to the extent that it is new and creative....moreResearch is the creation of new knowledge and/or the use of existing knowledge in a new and creative way to generate new concepts, methodologies, inventions and understandings. This could include the synthesis and analysis of previous research to the extent that it is new and creative.

Student

A person who is enrolled in a UniSQ Upskill Course or who is admitted to an Award Program or Non-Award Program offered by the University and is: currently enrolled in one or more Courses or study units; or not currently enrolled but is on an approved Leave of Absence or whose admission has not been cancelled....moreA person who is enrolled in a UniSQ Upskill Course or who is admitted to an Award Program or Non-Award Program offered by the University and is: currently enrolled in one or more Courses or study units; or not currently enrolled but is on an approved Leave of Absence or whose admission has not been cancelled.

Third Party Arrangement

An arrangement made by the University with another party (in Australia or overseas) to deliver some or all of a higher education program that leads to the Award of an Australian regulated higher education qualification....moreAn arrangement made by the University with another party (in Australia or overseas) to deliver some or all of a higher education program that leads to the Award of an Australian regulated higher education qualification.

Third Party Provider

A party with which the University has a Third Party Arrangement for the purposes of delivering some or all of a higher education program that leads to the award of an Australian regulated higher education qualification....moreA party with which the University has a Third Party Arrangement for the purposes of delivering some or all of a higher education program that leads to the award of an Australian regulated higher education qualification.

University

The term 'University' or 'UniSQ' means the University of Southern Queensland....moreThe term 'University' or 'UniSQ' means the University of Southern Queensland.

Definitions that relate to this procedure only

Keywords

Record No

19/1305PL

Complying with the law and observing Policy and Procedure is a condition of working and/or studying at the University.

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