Higher Education Act (HEdA)

By Steph3
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In The Matter OfHigher Education Act (HEdA)
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Section 1 General Provisions

Art. 7 Bodies

The joint bodies are: a. the Swiss Conference of Higher Education Institutions in its composition as the Plenary Assembly or as the Higher Education Council; b. the Swiss Conference of Rectors of Higher Education Institutions; c. the Swiss Accreditation Council.

Art. 8 Applicable legislation

1 The Federal Personnel Act and federal liability law apply to employees of joint bodies and the Swiss Accreditation Agency. The Higher Education Council may depart from the provisions of the Federal Personnel Act under the Cooperation Agreement when this is required for the purposes of fulfilling the mandate. 2 The joint bodies and the Swiss Accreditation Agency are subject to federal data protection and public procurement legislation.

Art. 9 Bearing of costs

1 The Confederation shall pay the costs of managing the affairs of the Swiss Conference of Higher Education Institutions under Article 14. 2 Remaining costs of the Swiss Conference of Higher Education Institutions shall be equally shared by the Confederation and the Cantons. 3 The Plenary Assembly shall decide on the basis of the Cooperation Agreement who will pay the costs of the other joint bodies and the Swiss Accreditation Agency.

Section 2 Swiss Conference of Higher Education Ins

Art. 10 Role and function

1 The Swiss Conference of Higher Education Institutions is the highest policymaking body within the Swiss higher education sector. It is responsible for Swiss-wide coordination of the activities of the Confederation and the Cantons within the higher education sector. 2 It convenes either as the Plenary Assembly or as the Higher Education Council. 3 It has its own budget and its own accounting. 4 Its Organisational Regulations are issued by the Higher Education Council.

Art. 11 Plenary Assembly

1 As the Plenary Assembly, the Swiss Conference of Higher Education Institutions has the following composition: a. the designated member of the Federal Council; b. one member of each cantonal government. 2 Within the framework of this Act, the Plenary Assembly handles matters pertaining to the rights and obligations of the Confederation and all cantons. The following areas of responsibility may be transferred to it under the terms of the Cooperation Agreement: a. determination of the general financial conditions for coordination of the entire Swiss higher education sector by the Confederation and the Cantons subject to their respective financial authority; b. determination of reference costs and contribution categories; c. formulation of recommendations on payment of scholarships and issuance of loans by the Cantons; d. other areas of responsibility arising from this Act.

Art. 12 Higher Education Council

1 As the Higher Education Council, the Swiss Conference of Higher Education Institutions has the following composition: a. the designated member of the Federal Council; b. fourteen members of the governments of cantons that subsidise cantonal universities, universities of applied sciences and universities of teacher education. 2 Each Canton has only one seat on the Higher Education Council. The Intercantonal Agreement on Cooperation in Higher Education determines how subsidising cantons are represented on the Higher Education Council. 3 Within the framework of this Act, the Higher Education Council shall handle matters pertaining to the tasks performed by Cantons that subsidise higher education institutions. The following areas of responsibility may be transferred to it under the terms of the Cooperation Agreement: a. enactment of regulations on: 1. study levels and transitions between levels, uniform names of titles as well as permeability and mobility between and within cantonal univ

Art. 13 Participation in an advisory capacity

Acting in an advisory capacity, the following individuals shall take part in the meetings of the Swiss Conference of Higher Education Institutions: a. the head of the State Secretariat for Education and Research; b. … c. the General Secretary of the Swiss Conference of Cantonal Ministers of Education (EDK); d. the President and Vice President of the Swiss Conference of Rectors of Higher Education Institutions; e. the President of the Federal Institutes of Technology Board; f. the President of the National Research Council of the Swiss National Science Foundation; g. a representative of Innosuisse; h. the President of the Swiss Science Council; i. one delegate representing the interests of students, one delegate representing the interests of mid-level faculty and one delegate representing the interests of professors at Swiss higher education institutions; j. the chairpersons of standing committees, provided that they are not a member of the Swiss Conference of Higher Education Instituti

let. a — The name of the organisational unit was changed in application of Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (AS 2004 4937). let. b — Inapplicable. let. g — Amended by Annex No 1 of the Innosuisse Act of 17 June 2016, in force since 1 Jan. 2018 (AS 2016 4259; BBl 2015 9487). let. h — Amended by Art. 57 para. 3 of the FA of 14 Dec. 2012 on the Promotion of Research and Innovation, in force since 1 Jan. 2014 (AS 2013 4425; BBl 2011 8827). let. h — The name of the Counci

Art. 14 Presidium and Secretariat

1 The Presidium of the Swiss Conference of Higher Education Institutions comprises a President and two Vice-Presidents. 2 The President is the designated member of the Federal Council. This person serves as head of the Swiss Conference of Higher Education Institutions. The Federal Council decides who shall act as deputy. 3 The Vice-Presidents are representatives of cantons that subsidise higher education institutions. They take part in the management of the Swiss Conference of Higher Education Institutions. 4 The Federal Council shall assign one Federal Department to manage the affairs of the Swiss Conference of Higher Education Institutions. 5 When preparing important resolutions, the Presidium shall ask interested parties to submit their stances.

Art. 15 Committees

1 The Higher Education Council shall create the following bodies for the purpose of preparing decisions: a. one standing committee responsible for matters pertaining to medical research and study programmes at higher education institutions; b. one standing committee comprised of representatives of professional organisations; c. other standing and non-standing committees as needs require. 2 These committees may also comprise persons who are not members of the Swiss Conference of Higher Education Institutions. 3 The standing committee comprising representatives of professional organisations shall take a stance on the affairs of the Swiss Conference of Higher Education Institutions under Article 11 paragraph 2 and Article 12 paragraph 3. 4 The standing committees mentioned in Article 15 paragraph 1 letters a and b above may, at their own initiative or on behalf of the Swiss Conference of Higher Education Institutions, take a stance on individual developments affecting national higher educ

Art. 16 Decision-making within the Plenary Assembly

1 Each member of the Plenary Assembly has one vote. 2 Decisions of the Plenary Assembly require: a. a qualified majority of two-thirds of the votes of the members present; and b. approval by the Confederation. 3 Instead of the rule established in paragraph 2, the Cooperation Agreement may provide for a simple majority of the members present in the case of elections, procedural decisions and official stances.

Art. 17 Decision-making within the Swiss Higher Education Council

1 Each member of the Swiss Higher Education Council has one vote. In addition, representatives of the Cantons have a specific number of points determined on the basis of the number of students. The allocation of points is decided in the Intercantonal Agreement on Cooperation in Higher Education. 2 The decisions of the Swiss Higher Education Council require: a. a qualified majority of two-thirds of the votes of the members present; b. approval by the Confederation; and c. the simple majority of points. 3 Instead of the rule established in paragraph 2, the Cooperation Agreement may provide for a simple majority of the members present in the case of procedural decisions and official stances.

Art. 18 Involvement of the Federal Assembly

The Federal Council shall inform the parliamentary committees responsible for education and research of important developments in Swiss higher education policy as well as on the allocation of tasks in particularly costly areas.

Section 3 Swiss Conference of Rectors of Higher Ed

Art. 19 Composition and structure

1 The Swiss Conference of Rectors of Higher Education Institutions comprises the rectors or presidents of Swiss higher education institutions. 2 It constitutes itself. It shall establish its own Organisational Regulations. This document also governs the participation of rectors or presidents of accredited private higher education institutions under this Act. These Organisational Regulations require approval by the Higher Education Council. 3 The Swiss Conference of Rectors of Higher Education Institutions has its own budget and shall maintain its own accounting records.

Art. 20 Tasks and responsibilities

The Swiss Conference of Rectors of Higher Education Institutions has the tasks and responsibilities transferred to it under the Cooperation Agreement.

Section 4 Swiss Accreditation Council and Swiss Ag

Art. 21 Swiss Accreditation Council

1 The Swiss Accreditation Council comprises 15–20 independent members; these members represent in particular higher education institutions, professional organisations, students, mid-level faculty as well as professors and lecturers. Teaching and research fields at higher education institutions as well as gender must be adequately represented. Three to five members must be mainly involved in activities abroad. 2 On the basis of the Cooperation Agreement, the Higher Education Council elects Accreditation Council members for a four-year term of office. Each member may only be re-elected once. 3 On the basis of the Cooperation Agreement, the Accreditation Council decides on accreditation in accordance with this Act. 4 It is independent. 5 It organises itself. It issues its own Organisational Regulations; these Organisational Regulations require approval by the Higher Education Council. 6 The Swiss Accreditation Council manages its own budget and the budget of the Swiss Accreditation Agency

Para. 1 — Third sentence amended by No I of the FA of 27 Sept. 2024, in force since 1 June 2025 (AS 2025 475; BBl 2024 900).

Art. 22 Swiss Accreditation Agency

1 The Swiss Agency of Accreditation and Quality Assurance in Higher Education (Swiss Accreditation Agency) is a legally dependent entity. 2 It is under the authority of the Swiss Accreditation Council.