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(Continued) ****************************************************************************** DRAFT MOTION 20161004_4-B(3): I move to approve the study abroad agreement between the University of South Dakota and the University of Auckland; the international student exchange agreement with the University of South Wales; the renewal of the exchange agreement with Otaru University of Commerce; the renewal of the MOU with Otaru University of Commerce; and the renewal of the partnership agreement with the University of Vigo. SOUTH DAKOTA BOARD OF REGENTS Academic and Student Affairs Consent AGENDA ITEM: 4 B (3) DATE: October 4-6, 2016 ****************************************************************************** SUBJECT: Agreement on Academic Cooperation USD In their effort to provide affordable study abroad opportunities in English speaking countries for their students, the University of South Dakota is proposing to enter into a direct enrollment agreement for USD students to attend the University of Auckland, New Zealand, at NSFA (see Attachment I). This agreement will mirror an arrangement that USD currently has with Edge Hill University in Ormskirk, United Kingdom. Institution Type of Agreement Program Type Course Enrollment Billing/Schedule Type Edge Hill University United Kingdom Direct Enrollment (USD students to UK) Partnership EXPL 487/587 U015 (0 cr.) None/USTZ1 University of Auckland New Zealand Direct Enrollment (USD students to NZ) Partnership EXPL 487/587 U015 (0 cr.) None/USTZ1 A full-time course load in New Zealand is 50-60 credits, which equates to 12.5-16 U.S. credits. A direct enrollment agreement would put University of Auckland on our Sponsored programs list, allowing students to utilize all USD scholarships (Coyote Commitment, Ullyot, etc.) in addition to federal financial aid for this program. Estimated costs for students attending the University of Auckland through ISA, an existing third-party program provider, can reach $20,000 or more. Through direct enrollment, student costs are around $17,500, a considerable savings, which we hope will encourage students to consider the program. This is especially likely if they are able to utilize all USD-sponsored scholarships. In addition, due to the partnership both institutions share with Generation Study Abroad, the University of Auckland is interested in dedicating several scholarships around $1,000 for USD students who wish to attend in the next couple of years.

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DRAFT MOTION 20161004_4-B(3): I move to approve the study abroad agreement between

the University of South Dakota and the University of Auckland; the international student exchange

agreement with the University of South Wales; the renewal of the exchange agreement with Otaru

University of Commerce; the renewal of the MOU with Otaru University of Commerce; and the

renewal of the partnership agreement with the University of Vigo.

SOUTH DAKOTA BOARD OF REGENTS

Academic and Student Affairs

Consent

AGENDA ITEM: 4 – B (3)

DATE: October 4-6, 2016

******************************************************************************

SUBJECT: Agreement on Academic Cooperation – USD

In their effort to provide affordable study abroad opportunities in English speaking

countries for their students, the University of South Dakota is proposing to enter into a direct

enrollment agreement for USD students to attend the University of Auckland, New Zealand, at

NSFA (see Attachment I). This agreement will mirror an arrangement that USD currently has

with Edge Hill University in Ormskirk, United Kingdom.

Institution Type of Agreement Program

Type

Course

Enrollment

Billing/Schedule

Type

Edge Hill University

United Kingdom

Direct Enrollment

(USD students to UK) Partnership

EXPL 487/587

– U015 (0 cr.) None/USTZ1

University of Auckland

New Zealand

Direct Enrollment

(USD students to NZ) Partnership

EXPL 487/587

– U015 (0 cr.) None/USTZ1

A full-time course load in New Zealand is 50-60 credits, which equates to 12.5-16 U.S.

credits. A direct enrollment agreement would put University of Auckland on our Sponsored

programs list, allowing students to utilize all USD scholarships (Coyote Commitment, Ullyot, etc.)

in addition to federal financial aid for this program. Estimated costs for students attending the

University of Auckland through ISA, an existing third-party program provider, can reach $20,000

or more. Through direct enrollment, student costs are around $17,500, a considerable savings,

which we hope will encourage students to consider the program. This is especially likely if they

are able to utilize all USD-sponsored scholarships. In addition, due to the partnership both

institutions share with Generation Study Abroad, the University of Auckland is interested in

dedicating several scholarships around $1,000 for USD students who wish to attend in the next

couple of years.

Agreement on Academic Cooperation-USD

October 4-6, 2016

Page 2 of 2

This affiliation will allow USD students to study at University of Auckland at a lower

tuition rate and makes them eligible to receive a study abroad scholarship. USD students are

interested in attending New Zealand because it is relatively safe and English speaking. USD

estimates that about 6 students a year will be interested in going to this institution through this

affiliation. Without the affiliation agreement, the students will be charged a higher tuition rate and

they will not be eligible for the scholarships.

Many of the English speaking countries are choosing to handle study abroad agreements

as affiliation agreements first. They would like to work with USD in this capacity first before they

enter into an exchange agreement.

USD is also seeking approval to enter into a new international student exchange agreement

with the University of South Wales (USW), Treforest, Pontypridd, (see Attachment II). The

agreement specifies that both inbound and outbound students are responsible for payment of tuition

and fees to their home institution and will not be required to pay these fees at their host institution.

However, students from USW visiting USD will be expected to pay the International Student Fee

and any course-related or department-dependent fees associated with the classes they register for.

All other costs incurred – accommodation, subsistence, travel and all other incidental fees and

expenses – will be the responsibility of the exchange student.

Additionally, USD would also like to renew the following three agreements:

1) Exchange agreement between USD and Otaru University of Commerce, Japan

(Attachment III);

2) MOU between the USD and Otaru University of Commerce, Japan (Attachment

IV); and

3) Partnership between USD and University of Vigo, Spain (Attachment V).

STUDY ABROAD AGREEMENT BETWEEN

THE UNIVERSITY OF AUCKLAND

AND

UNIVERSITY OF SOUTH DAKOTA

University of South Dakota and the University of Auckland hereby agree to a co-

operative study abroad arrangement involving students from University of South

Dakota studying at the University of Auckland for a semester or a full academic

year. The service arrangement includes the following components:

Study Abroad Programme:

1. Students from University of South Dakota participating in the Year or Semester

Study Abroad Programme will remain registered at University of South Dakota

and enrol fulltime at the University of Auckland in a non-degree programme.

They will come under the jurisdiction of the University of Auckland and be

subject to the same academic and personal conduct rules as all University of

Auckland students.

2. Student quotas will be determined on an annual basis and by mutual agreement.

3. The students shall enrol in a maximum of 60 points and a minimum of 45 points

per semester, unless approval has been granted by the University of Auckland to

enrol in more than 60 points.

4. Unless the student chooses direct billing, the University of South Dakota is

responsible for the payment of Tuition Fees (including tuition, GST, student

services fee and the provision of an academic transcript for each

student). University of South Dakota students are responsible for all other fees

or costs incurred including text books, some course materials, field trips,

accommodation, health and travel insurance fees, food, electricity and other

utilities)

5. University of South Dakota will be responsible for paying all accurate invoices

presented by the University of Auckland.

6. The University of South Dakota will advise students of the online application

process and ensure all relevant admission materials have been submitted to the

University of Auckland by the application deadlines. The University of South

Dakota application materials will comprise of the following:

o Completion of online application

o Certified copies or originals of most recent academic transcript

o Certified copy of passport or birth certificate

o Passport style photo

7. The University of Auckland will process the admission of students from University

of South Dakota to its courses under this agreement. The University of Auckland

agrees to assist each Study Abroad student by:

o Providing pre-departure material, and post-arrival orientation

ATTACHMENT I 3

o Providing each Study Abroad student with the necessary

documents to enable the student to obtain the correct visa

o Providing arrival assistance, and temporary accommodation if

required

o Providing student support and advisory services

o Providing University of South Dakota up to date programme and

course information

8. Enrolment offered at the University of Auckland is subject to the student meeting

course prerequisites and course availability.

9. The University of Auckland will provide University of South Dakota with

information regarding each student’s course registration and is responsible for

sending an accurate, official copy of the student’s transcript to the student at

the completion of each semester. Transcripts will not be released if there are

outstanding fees owing by the student.

10. Payments and course refunds are subject to the conditions set out in the

University of Auckland refund policy.

11. All financial aid awarded to students from University of South Dakota will be

administered by the home institution.

AMENDMENT AND TERMINATION

12. This Agreement shall commence for a period of five years on the date of which it

is signed by the parties, or, if signed on separate days, on the day of the last

signature. At the end of this period it will be reviewed and may be extended for

further period as may be agreed by the Parties in writing.

13. Amendments may be made at any time by correspondence, and only when

agreed upon by both participants.

14. Either participant may terminate this agreement by giving at least six (6)

months advanced written notice. Any student who commenced their programme

of study at the University of Auckland before the date of termination may

complete their courses of study by agreement between the two institutions.

15. This Agreement depends upon the continued availability of appropriated funds and

expenditure authority from the Legislature for this purpose. If for any reason the

Legislature fails to appropriate or grant expenditure authority or funds become

unavailable by operation of law or federal funds reductions, this Agreement will

be terminated by the University of South Dakota. Termination for any of these

reasons is not a default by the University of South Dakota nor does it give rise to

a claim against the University of South Dakota.

Signed for Signed for

The University of Auckland: University of South Dakota:

___________________________ ________________________

Mr Brett Berquist James Abbott

Director, International President, University of South

Dakota

ATTACHMENT I 4

Owner: International Programmes and Partnerships

Document Title: International Third Party Billing Authorisation

Last updated: May 2016

International Third-Party Authorisation Form This form is for a third-party that wishes to assume responsibility for all or part of one or more students’ educational expenses at the University of Auckland. It also provides options for the third party in receiving communications in regards to student’s application and admission letters. A third-party is an institution or organisation, not an individual.

Third-Party Legal Name:

Billing Contact Name:

Billing Address:

Contact Person:

Contact’s Email:

Email for billing (if different):

Contact’s Phone:

Third-party agrees to pay for the following (check all that apply)

☐ Full tuition

☐ Partial tuition (indicate percentage or amount in New Zealand dollar):

☐ No tuition – please bill the student directly in specific, requested cases.

☐ University Medical Insurance

☐ University Housing or Accommodation (to be invoiced separately by Accommodation Services)

☐ Varying coverage for each student (to be noted in a separate sponsorship/award letter)

☐ Others (please specify):

Third-party prefers the following communication options:

Communications from Applications and Admissions are sent initially and directly to:

☐ Applicant (Note: Third-party is copied in all communications up to and including the provision of

offer letter); OR

☐ Third-party (Note: After 24-48 hours of sending the Offer Letter to the third-party, the applicant

will receive his/her password information and may confirm the offer online)

Fee estimates to be paid to show on the Offer Letter?

☐ YES

☐ NO

Access to the Agent Application Centre (This will enable the third-party to monitor students’ applications, submit applications or upload documents on behalf of the students.)

☐ YES

☐ NO

ATTACHMENT I 5

Owner: International Programmes and Partnerships

Document Title: International Third Party Billing Authorisation

Last updated: May 2016

We hereby authorise the University of Auckland to bill us for the tuition fees and study-related charges

specified above except in specific instances where a student requests a direct billing from the University

of Auckland. Consequently we agree to and understand the following:

This Agreement is subject to the sponsored student’s meeting the University of Auckland’s entry requirements and receiving an offer of enrolment as a full-time student;

We pay the agreed amount to the University of Auckland except in specific instances where a student requests a direct billing from the University of Auckland, and adhere to its payment

policies, including but not limited to payment methods, financial deadlines and preferred currencies;

We ensure that all of our sponsored students have been informed of and agreed to this billing arrangement;

We shall provide the University of Auckland a list of sponsored students along with the duration of the funding period and inform any changes to the billing arrangement or late withdrawals;

Unpaid balances may cause the student’s account to become delinquent and to be placed on

hold which may prohibit future enrolment, as well as release of transcripts and diplomas;

The University of Auckland reserves the right to decline acceptance of any third party coverage.

Authorised signature:

Name & Position:

Date:

* Electronic signatures affixed hereto shall be deemed original for all purposes. * Completed form must be sent to International Programmes and Partnerships, Room G27, Old Choral Hall, The University of Auckland, 7 Symonds Street 1142 New Zealand or emailed to [email protected]

ATTACHMENT I 6

INTERNATIONAL STUDENT EXCHANGE AGREEMENT

between

UNIVERSITY OF SOUTH WALES, UNITED KINGDOM

and

THE UNIVERSITY OF SOUTH DAKOTA, USA

ATTACHMENT II 7

MEMORANDUM OF UNDERSTANDING – INTERNATIONAL STUDENT EXCHANGE This Memorandum of Understanding (MOU) is made March 2016 BETWEEN University of South Wales (USW) – a statutory higher education

corporation established in Wales with charitable status. Its registered address is at Treforest, Pontypridd, CF37 1DL

AND University of South Dakota (the Partner) – an institution of higher

education in the USA, having its registered address at 414 E Clark St, Vermillion, SD 57069, United States

The purpose of this agreement is to allow for the exchange of undergraduate students between USW and USD, that it may broaden the academic, professional and cultural perspectives of the students of each party. This MoU outlines the framework of a working relationship between the parties. It is established for the mutual benefit of and co-operation between the two parties. Except as expressly noted, it is not intended to constitute a contract, but is built on goodwill and is binding in honour only.

1. DEFINITIONS “Home Institution” The institution whose students are making the exchange visit; “Host Institution” The institution which is receiving the exchange student. 2. RESPONSIBILITIES OF THE STUDENT 2.1 It is the student’s responsibility to arrange visas and travel documentation. Where

necessary, both institutions will work together in offering appropriate immigration support and providing any documentation required to assist in this.

2.2 It is the student’s responsibility to familiarise themselves with, and adhere to, any institutional requirements regarding student attendance and engagement monitoring procedures, particularly those that relate to Tier 4 requirements. Exchange students will abide by the rules and regulations formally documented by the host institution and be subject to all due processes in the enforcement of said rules and regulations.

2.3 Exchange participants will pay tuition fees at their home institution and will not be required to pay these fees at their host institution.

2.4 Students from the University of South Wales visiting the University of South Dakota, will be expected to pay the International Student Fee, which covers services provided to international students; airport pick-ups and drop-offs, trips to local natural and cultural sites of interest, weekly International get-togethers, etc.

2.5 Students from the University of South Wales visiting the University of South Dakota are responsible for any course-related or department-dependent fees associated with the classes they register for. Other than those costs, all tuition costs, including examination and admissions fees, will be covered under the terms of this agreement. All other costs incurred - accommodation, subsistence, travel and all other incidental fees and expenses - will be the responsibility of the exchange student.

2.6 All exchange students are required to have a comprehensive health insurance policy and if requested, to provide proof to the host institution prior to starting classes. All

ATTACHMENT II 8

students studying at USD will be required to purchase the Board of Regents mandated insurance for the entire term of study upon arrival.

2.7 It is the student’s responsibility to gain approval from their home institution for the course

of study selected for the exchange period.

2.8 Students participating in the exchange must maintain full-time enrolment for the duration of the exchange. The host institution agrees to monitor the participation of students in its programs and inform the home institution as soon as possible if a student drops below full-time enrolment, withdraws from the program or otherwise fails to make satisfactory progress toward completion of course work, or when a student is in danger of being dismissed from the program. For these purposes, USD considers full-time enrolment as 12 U.S. credits, which may include both on-campus and distance delivery courses.

3. RESPONSIBILITIES OF THE HOST AND HOME INSTITUTIONS 3.1 Participants remain students of the home institution throughout the period of the

exchange.

3.2 Students will only be accepted on a non-degree basis.

3.3 Each party to the agreement will appoint an officer (USW has an Officer in each Faculty) who will be responsible for the coordination and administration of the exchange. This will include the selection of potential exchange participants, and providing guidance and support to students on exchange visits.

3.4 Each university will accept up to 2 exchange students each year. The programme will be reviewed annually by both parties, to ensure a balance in the number of student exchanges. (Two one-semester exchange students and three one-term exchange students are treated as equivalent to one full academic year exchange student).

3.5 Each institution retains discretion to accept or reject individual applications.

3.6 Each institution will allow exchange students to choose from their full range of courses as specified in section 5, provided that the student can satisfy the course prerequisites, and that spaces are available.

3.7 The host institution will provide assistance in arranging accommodation. Where university-owned accommodation is available, exchange students will be given access under the same terms as other students.

3.8 Any extension of stay for an exchange student must be agreed by both the home and host institution, and must be subject to the terms of the student’s visa.

3.9 Each institution will be responsible for selecting exchange participants based on their academic performance, adaptability and cultural awareness.

3.10 The home institution will provide the host institution with the names of exchange participants, their academic qualifications and their selection of courses at least 60 days prior to the beginning of the term/semester in which the participants are to enrol with the host institution.

3.11 Students will be eligible to participate in the exchange at any point in their academic career, provided that they have completed a minimum of one academic year at University level.

3.12 Should a student exchange result in any potential for intellectual property, the parties will seek an equitable understanding as to ownership and other property interests that may arise.

3.13 Each institution will award grades and academic credits to the student based on its own procedures and regulations. Each host institution will send a transcript to the home

ATTACHMENT II 9

institution, except in cases where the student is a debtor to the host institution, in which case the transcript may be withheld according to the host institution’s regulations.

3.14 The parties agree that the academic regulations of both educational institutions shall be respected and that all current applicable policies covering matters of academic, social and financial responsibility will be distributed to the other party and respected. During the period of the exchange, the student is subject to all academic and non-academic regulations of the host institution.

3.15 Each party shall maintain, at its own cost and expense, public liability insurance or an acceptable alternative for personal bodily injury and wrongful death claims and for property damage liability. Evidence of such insurance or the acceptable alternative shall be provided to the other party upon request.

3.16 If a student is studying on an exchange programme in a language different to the language used for their programme at the home institution, then the language policies and requirements of the host institution will apply.

4. AGREEMENT

4.1 Neither party shall use the name, logo or any variation hereof, of the other party, without

first obtaining its written consent. 4.2 This MOU is for the benefit of the Parties to it and is not intended to benefit, or be

enforceable by, anyone else.

4.3 The parties agree that all obligations under this MOU, and any agreement resulting from

this MoU shall be performed in a manner protective of and consistent with both parties’ reputation for excellent and integrity in education, research and scholarship.

4.4 This memorandum of understanding shall take effect in the fall 2016 term shall continue

for a period of 6 years from the date it is signed by both parties and may be renewed by the mutual agreement of both parties. A minimum period of six months notice will be required from either party wishing to terminate the MoU. In the event of termination, all outstanding commitments will be honoured, and termination will not affect persons who have already begun an exchange under its provisions.

4.5 Where there are two or more versions of this MOU in different languages, and in the

event of any inconsistency between the two versions, the version in English shall prevail and shall be used in determining any dispute.

4.6 This MoU terminates and supersedes any existing or continuing MoUs between the

parties.

4.7 Nothing in this agreement shall be construed as legally binding.

4.8 This agreement depends upon the continued availability of appropriated funds and expenditure authority for this purpose from the Legislature of the State of South Dakota. If for any reason the Legislature fails to appropriate or grant expenditure authority or if funds become unavailable by operation of law or federal funds reductions, this agreement will be terminated by USD. Termination for any of these reasons is not a default by the State nor does it give rise to a claim against USD.

ATTACHMENT II 10

5. PARTICIPATING FACULTIES AND COURSES This exchange agreement is valid within the University of South Wales as below;

Faculty Course

Faculty of Creative Industries

All courses

Continued.

SIGNED on behalf of University of South Wales: Professor Julie E Lydon OBE

SIGNED on behalf of University of South Dakota: Name: James W. Abbott

POSITION: Vice Chancellor

POSITION: President

DATE:

DATE:

PLACE OF SIGNING: Wales

PLACE OF SIGNING: USA

ATTACHMENT II 11

STUDENT EXCHANGE AGREEMENT

BETWEEN

THE UNIVERSITY OF SOUTH DAKOTA, U.S.A.

AND

OTARU UNIVERSITY OF COMMERCE, JAPAN

On the basis of a mutual commitment to further international understanding and

friendship, to share academic knowledge and to establish and develop mutually beneficial

academic contacts, University of South Dakota (USD), USA, and Otaru University of

Commerce, Japan, agree to the following:

Article 1. Purpose

The purpose of this agreement is to make possible and to institute the

exchange of undergraduate and/or graduate students between The

University of South Dakota and Otaru University of Commerce on a

continuing basis.

Article 2. Number of Students

The total number of student participants per year will be determined by

mutual agreement of the two institutions. It is expected that efforts will

be made to have equal numbers of student participants from each

institution over the period this agreement is valid.

Article 3. Admission of Students

The two institutions agree to nominate students of good academic standing

at the time of their nomination for the exchange program. The host

institution retains the right to review the students nominated for exchange

and to make final decisions concerning admission. In admitting students,

neither institution will discriminate on the basis of race, color, creed,

national origin, ancestry, citizenship, gender, sexual orientation, religion,

age, or disability.

Article 4 Standard Provisions

Exchange students shall have access to all university facilities, enjoy all

privileges, and abide by all rules and regulations of the host university in

the same manner as any other student paying full tuition and fees.

Article 5 Costs of Attendance

Students participating in academic activities under this agreement will pay

tuition and fees to their home institution.

Section A. Students from Otaru University of Commerce studying at USD

will pay the International Student Fee only for each semester of

study at USD, appropriate room and board fees, and international

student health insurance. These same students studying at USD

will be exempt from paying discipline specific fees in the Beacom

ATTACHMENT III 12

School of Business, however students taking courses outside the

Business School are required to pay any special course or

discipline fees.1

Section B. Students from Otaru University of Commerce studying at USD

will not be permitted to take courses delivered online or off-

campus (distance courses).

Section C. Students from USD studying at Otaru University of Commerce

will be eligible to receive funding through the JASSO scholarship

program provided funding availability assessed annually. Otaru

University of Commerce will confirm the JASSO award or any

other funding possibilities to USD each year in April, or as soon as

possible once funding availability is confirmed.

Section D. Students from USD studying at Otaru University of Commerce

will pay room and board, overseas student health insurance,

Japanese National Health Insurance, and any other applicable

costs.

Article 6. Travel Expenses

Students participating in academic activities under this agreement are

responsible for all travel costs and any incidental costs/fees at the host

institution.

Article 7. Health Insurance

All students participating in academic activities under this agreement are

required to carry adequate health insurance during the period of

international study, and show proof thereof. All students studying at USD

will be required to purchase the Board of Regents mandated insurance for

the entire term of study upon arrival.

Article 8. Issue of Visa Documents

Each host institution shall issue the appropriate documents for visa

purposes in accordance with applicable laws and regulations, although it is

the responsibility of the individual student to obtain a visa.

Article 9. Orientation

Each sending institution shall provide a pre-departure orientation for its

students to inform them of the terms and conditions of this agreement. A

post-arrival orientation will be provided for each student by the receiving

institution.

1 All university fees are re-assessed annually. The most up-to-date list of all fees, including the

International Student Fee (line 7) is found here: http://www.usd.edu/financial-affairs/business-

office/tuition-and-fees/fees

ATTACHMENT III 13

Article 10. Counseling

Both institutions shall provide appropriate academic counselors for

exchange students and whatever other counseling assistance is necessary.

Article 11. Evaluation

Each year, each institution shall evaluate the exchange student. An

official transcript of the student’s performance will be provided to the

student and the sending institution. Each institution shall accept credits

based on the official transcript according to provisions in policies of the

two universities.

Article 12. Dismissal and Student Conduct

Each institution reserves the right to dismiss any participating student at

any time for academic or personal misconduct in violation of its

established regulations. The dismissal of a participant shall not abrogate

the arrangement regarding other participants.

Article 13. Implementation

Each institution shall designate an individual who will serve as

coordinator for this agreement. The coordinator will be responsible for

coordinating the specific aspects of the program as well as advising and

assisting students.

The following individuals at each institution will be responsible for

coordinating this partnership agreement:

The University of South Dakota

Name: Dana Elliott

Title: Global Learning Advisor

Office: Center for Academic & Global

Engagement

Email: [email protected]

Telephone: +1 605-677-6338

Fax: +1 605-677-8848

Otaru University of Commerce

Name: Hideki Funatsu

Title: YOUC Program Coordinator

Office: Department of Economics

Email: [email protected]

Telephone:+81-134-27-5263

Fax: +81-134-27-5264

Article 14. Duration

This agreement shall be valid for a period of five years with an option to

renew another five (5) years. This agreement will be effective upon

signature of the responsible authority of each institution and may be

terminated by either party by given written notice to the other institution

six months in advance of the date of termination. A termination of the

ATTACHMENT III 14

agreement will not affect persons who have already begun study exchange

under its provisions.

Article 15. Amendments and Modifications

Nothing in the above agreement shall be construed as being legally

binding.

Section A: Matters not provided in this agreement shall be decided by mutual

agreement between the two institutions.

Section B: Modifications of this agreement shall be made in the form of a

written addendum signed by both parties.

Article 16. Continuation of Agreement

This agreement depends upon the continued availability of appropriated

funds and expenditure authority for this purpose from the Legislature of

the State of South Dakota. If for any reason the Legislature fails to

appropriate or grant expenditure authority or if funds become unavailable

by operation of law or federal funds reductions, this agreement will be

terminated by the State. Termination for any of these reasons is not a

default by the State nor does it give rise to a claim against the State.

Issued in duplicate in the English and Japanese languages, both texts being equally

authentic.

For, and on behalf of, For, and on behalf of,

The University of South Dakota Otaru University of Commerce

_____________________________ ______________________________

James W. Abbott Tateo WADA

President President

University of South Dakota Otaru University of Commerce

Date: _________________________ Date:_________________________

ATTACHMENT III 15

MEMORANDUM OF UNDERSTANDING BETWEEN

THE UNIVERSITY OF SOUTH DAKOTA, U.S.A. AND

OTARU UNIVERSITY OF COMMERCE, OTARU, JAPAN

University of South Dakota, The United States of America and Otaru University of Commerce, Japan,

desiring to establish collaborative relations between the two institutions to promote friendship and to

co-operate in a mutually beneficial association, have agreed that:

1. The two institutions shall encourage co-operation in any discipline which is studied in both

institutions.

2. The two institutions shall seek to promote:

(1) exchange of information and materials that are of mutual interest

(2) exchange between the two institutions of:

・academic and administrative staff

・research staff

・visiting scholars

・students

・other staff mutually agreed upon

(3) provision of briefing services by each institution for visitors from the other institution

(4) other forms of co-operation which the two institutions may jointly arrange.

Details of any such activities will be subject to a separate Agreement that will be attached to this as

an annexure.

3. The two institutions shall decide through consultation the specific areas and details of co-operation

within the framework of this Agreement, and shall consult from time to time at the request of either

institution for the purpose of reviewing the operation of this Agreement.

4. The financial arrangements involved in the implementation of this Agreement shall be settled through

consultation between the two institutions in respect of each programme of co-operation.

5. The Agreement shall become operative on the last date indicated hereunder and shall remain in

force for a period of five (5) years with an option to renew for another five (5) years.

ATTACHMENT IV 16

6. This Agreement may be amended and supplemented by agreement between the two institutions.

Amendments and or supplements will be appended as an annexure.

7. Either institution may terminate this Agreement by giving six (6) months notice in writing to the other

institution. Any projects, training, or exchanges that may have commenced at either institution

before the date of termination may be completed by special agreement between the two institutions.

For conditions not covered by this Agreement, or for problems that arise during the course of this

Agreement, both parties undertake to refrain from unilateral action and to consult and negotiate

mutually acceptable decisions.

8. The institutions shall confer concerning the renewal of this Memorandum of Understanding six (6)

months prior to the date of expiration.

For, and on behalf of, For, and on behalf of, The University of South Dakota Otaru University of Commerce James W. Abbott Tateo Wada President President The University of South Dakota Otaru University of Commerce On this date On this date

ATTACHMENT IV 17

SPECIFIC AGREEMENT BETWEEN THE UNIVERSIDADE DE VIGO

AND THE UNIVERSITY OF SOUTH DAKOTA

Considering the Co-operation Framework Agreement between the Universidade de Vigo and The University of South Dakota (USD), both institutions mutually agree to sign a specific agreement as follows: STUDENTS EXCHANGE 1. Students must have completed a minimum of one year study prior enrollment in the program. 2. Participants remain students of the home institution throughout the period of international study. The study abroad period will not be longer than two academic years. 3. The total number of students admitted per year will be determined by mutual agreement of the two institutions but shall not exceed four students from each institution. For purpose of maintaining exchange balances, students will be counted at a rate of 1.0 for each semester they attend the host institution. It is expected that efforts will be made to admit equal numbers of students from each institution over the period this agreement is valid. USD students who attend summer courses at Centro de Linguas will be counted toward the outgoing exchange balance as the rate of 0.5. 4. Students will only be accepted on a non-degree basis. After the study period, if study abroad students wish to continue their studies in order to obtain a degree at the host university, they will have to fulfill the requirements of the host university and pay the corresponding academic taxes and/or tuition and fees. 5. Each institution shall be responsible for the selection of students with academic excellence being the primary criterion for the selection. A further criterion is the student’s perceived ability to deal effectively with the challenges of international study. Candidates will be nominated by their home institution and approved by the host institution. Each member of this agreement will attempt to select only students who have appropriate linguistic ability to take classes at the host institution’s program. 6. Students will pay tuition and fees to their home institution.

a) Students from the Universidade de Vigo studying at The University of South Dakota will pay the International Student Fee only for each semester of study at USD, appropriate room and board fees, international student health insurance, and any applicable course or discipline fees.1 The international student fee and course fees are set by the state governing body, the South Dakota Board of Regents, and cannot be

1 The International Student Fee is re-assessed annually. The most up-to-date list of all fees, including the International Student Fee (line 7) is found here: http://www.usd.edu/financial-affairs/business-office/tuition-and-fees/fees

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waived.2 The international student fee goes to directly support the incoming exchange students while they are in USD. b) Students from Universidade de Vigo studying at USD will not be permitted to take courses delivered online or off-campus (distance courses). c) Students from the USD studying at Universidade de Vigo will be exempt from all mandatory Universidade de Vigo fees. USD students will pay all required registration and/or participation fees to the Centro de Linguas (Language Center) at the rate determined by the Centro de Linguas administration. USD students will contract and pay for their health-insurance policy.

7. Students are responsible for paying their own housing accommodations and meals throughout the period of international study. The host institution will assist students in finding appropriate lodging and will provide information about the campus. 8. Students are responsible for all travel costs and any incidental costs/fees at the host institution. For instance, students are responsible for purchasing textbooks and other academic supplies. 9. All students are required to carry adequate health insurance during the period of exchange, and show proof thereof. All students studying at USD will be required to purchase the Board of Regents mandated insurance for the entire term of study upon arrival. 10. Academic credits received by the students will be recognized by each university. Academic transcripts or official certificates of the academic performance of each student will be provided to the home institution upon completion of the students’ period of study at the host institution. Courses exchange students will take at the host university will be approved by the home university before the exchange takes place. 11. Students will pre-register for courses at the host university with the guidance and advice of their academic advisors. Each institution undertakes to provide information on courses, including course descriptions and syllabi/course handbooks. 12. Students will be free to choose courses from the full range of courses available at the host institution, provided that they satisfy the individual course prerequisites, and that space is available. Students from Universidade de Vigo studying at USD may not enroll in courses offered through the USD School of Law unless prior arrangement and agreement is made between both parties. 13. Participants in international study must have their proposed program of studies at the host institution approved by their home institution prior to the commencement of studies at the host institution. 14. Students participating in the international study must maintain full-time enrollment for the duration of the study abroad program. The host institution agrees to monitor the participation of students in its programs and inform the home institution immediately if a student drops below full­ time enrollment, withdraws from the program or otherwise fails to make

2 The actual policy that prohibits waiving the international student fee and the course fees can be found here: https://www.sdbor.edu/policy/documents/5-5-4.pdf.

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satisfactory progress toward completion of course work, or when a student is in danger of being dismissed from the program. For these purposes, The University of South Dakota considers full-time enrollment as 12 U.S. credits per semester, which may include both on-campus and distance delivery courses. Universidade de Vigo considers full-time enrollment as 30 ECTS (European) credits per semester. 15. Students will be assigned an advisor for academic, social and practical matters by the host institution. Academic and/or attendance problems will be dealt with by the host institution for the duration of the study abroad program. 16. Under this agreement , USD students may also enroll in the Centro de Linguas (Language Center) at the University of Vigo during the summer terms. USD students will pay tuition but not fees to their home institution. USD students will pay all required registration and/or participation fees to the Centro de Linguas at the rate determined by the Centro de Linguas administration. 17. All other articles governing international student study apply to USD students enrolling in the Universidade de Vigo, including assistance in arranging housing and provision of an official certificate of academic performance. 18. Students will abide by the rules and regulations formally documented by the host institution and be subject to all due processes in the enforcement of said rules and regulations. Students will also be subject to the laws of the host country during international study. 19. The following individuals at each institution will be responsible for coordinating this partnership. The individuals in the positions listed above agree to respond to inquiries and correspondence from the partner institution in a timely and efficient manner. The University of South Dakota PRIMARY CONTACT AND AS TO OUTGOING/INCOMING STUDENTS:

Name: Dana Elliott Title: Global Learning Advisor Office: Center for Academic & Global Engagement Email: [email protected] Telephone: 605-677-6338 Fax: 605-677-8848

Universidade de Vigo PRIMARY CONTACT AND AS TO OUTGOING AND INCOMING STUDENTS:

Name: Eva Garea Title: International Office, Officer Office: Oficina de Relacións lnternacionais (ORI) Email: [email protected] Telephone: +34 986813550 Fax: +34 986813819

ACADEMIC PROGRAM COORDINATOR: Name: Javier Pérez-Guerra Title: Associate Professor Office: Facultade de Filoloxía e Tradución, B43

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Email: [email protected] Fax: +34 986812380

20. This agreement shall be valid for five years. This agreement will be effective upon signature of the responsible authority of each institution and may be terminated by either party by given written notice to the other institution six months in advance of the date of termination. A termination of the agreement will not affect persons who have already begun an exchange under its provisions, who will be able to complete their studies in the academic year in which they began their exchange programme and to get subsequent credit recognition in their home institutions. As regards The University of South Dakota, this agreement depends upon the continued availability of appropriated funds and expenditure authority for this purpose from the Legislature of the State of South Dakota. If for any reason the Legislature fails to appropriate or grant expenditure authority or if funds become unavailable by operation of law or federal funds reductions, this agreement will be terminated by the State. Termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State. 21. Matters not provided in this agreement shall be decided by mutual agreement between the two institutions. Modifications of this agreement shall be made in the form of a written addendum signed by both parties. 22. Nothing in the above agreement shall be construed as being contractual. In witness whereof, the parties sign two original copies of the present Specific Agreement at the place and on the date indicated above. In the spirit of international friendship and cooperation, we hereby set our signatures : In Vigo, on _______ ____________2016. FOR UNIVERSIDADE DE VIGO The Rector On behalf, RR 07/05/2014 (DOG 90, 13/05/2014) The Vice-rector for International Relations Manuel J. Fernandez Iglesias FOR THE UNIVERSITY OF SOUTH DAKOTA __________________________________ _________________________ James W. Abbott, President Date

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