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.

Art. 62 Protection of reserved designations

1 The reserved designations ‘university’, ‘university of applied sciences’, ‘university of teacher education’ and derived designations (e.g. ‘university institute’ or ‘UAS institute’), whether expressed in a national language of Switzerland or in any other language, may only be used by institutions that have been accredited under this Act. 2 The titles given to graduates of cantonal universities, federal institutes of technology, universities of applied sciences, universities of teacher education and other institutions within the higher education sector subject to this Act shall be protected under the corresponding legal basis.

Art. 63 Criminal provisions

1 If an institution lacking accreditation under this Act uses the title ‘university’, ‘university of applied sciences’, ‘university of teacher education’ or a related title, whether expressed in a national language of Switzerland or in any other language, the managers of that institution are liable to the following penalties: a. a fine not exceeding CHF 200,000 in cases of wilful conduct; b. a fine not exceeding CHF 100,000 in cases of negligent conduct. 2 The Canton in which the institution is established is responsible for prosecuting such cases.

Art. 64 Administrative measures

1 If the requirements for accreditation are no longer met or if certain conditions have not been satisfied within the established timeframe, then the Swiss Accreditation Council shall take the necessary administrative measures. 2 The following administrative measures shall be considered: a. reminder letter; b. imposition of conditions; c. revocation of accreditation. 3 The administrative measures taken by federal subsidising authorities are based on the Federal Act of 5 October 1990 on Financial Assistance and Subsidies, those taken by the Cantons are based on the Intercantonal Agreement on Cooperation in Higher Education.

Para. 3 — SR 616.1

Art. 65 Legal safeguards

1 Decisions reached on the basis of this Act, its implementing provisions or the Cooperation Agreement may be contested by appeal to the Federal Administrative Court. 2 Decisions of the Federal Council on funding entitlements are not appealable. 3 Furthermore, the general provisions on the administration of federal justice apply.

Para. 2 — Amended by No I of the FA of 25 Sept. 2020, in force since 1 March 2021 (AS 2021 68; BBl 2020 3681).