Partner Provider Exit Strategy Procedure

Policy code: CG1526
Policy owner: Manager, Global Professional Services
Approval authority: Deputy Vice-Chancellor (Global and Engagement)
Approval date: 15 November 2023
Next review date: 27 July 2026

Purpose
Scope
Legislative Context
Definitions
Supporting Documents
Responsibility
Actions
1. Initiating an exit strategy by the University
2. Initiating an exit strategy by the Partner Provider
3. Implementing an exit strategy
Promulgation
Implementation
Records Management

Purpose

This procedure mandates operational activities and assigns responsibilities under Federation University Australia’s Higher Education Partner Provider Delivery Policy.

The Partner Provider Exit Strategy Procedure provides the process to be followed by the University when implementation of an exit strategy with a partner provider has been determined in relation to a course or partnership.

Scope

This procedure applies to all University Institutes and Schools under agreement with a Partner Provider to deliver Federation University Australia courses or units, at their location.

Legislative Context

  • Federation University Australia Act 2010
  • Federation University Australia Statute 2021
    • Part 6 - Division 3 - para 31 - Assessment
  • Federation University Australia AcademicRegulations 2022
    • Part 3 - Establishment and Review of courses and Courses
    • Schedule 6 - Assessment Descriptions and Grade Descriptions
  • Federation University Australia (Students) Regulations 2022
    • Part 3 - Division 5 - Assessment
  • Australian Qualifications Framework AQF Second Edition January 2013
  • Higher Education Standards Framework (Threshold Standards) 2021

Definitions

Term Definition
Agreement/Contract An Education Agreement between the University and a Partner Provider
Units A subsidiary element of a course
GPS Global Professional School
Institute/-School/Centre  Federation University Australia has several Academic Organisational Units delivering courses
Partner Provider An approved educational institution that delivers university courses or units as part of an agreement with Federation University Australia
Course A course of learning based on a curriculum, training package, units of study, or structured workplace learning which leads to an award. Non-award studies include courses for professional development, education development, general interest and preparation for study offered by the University

Supporting Documents

Responsibility

  • Deputy Vice-Chancellor (Global and Engagement), as the Approval Authority, is responsible for monitoring the implementation, outcomes and scheduled review of this procedure.
  • Manager, Global Professional Services, as the Document Owner, is responsible for maintaining the content of this procedure as delegated by the Deputy Vice-Chancellor (Global and Engagement).
  • Manager, Partner Relationships is responsible for the administration support for the maintenance of this procedure as directed by the Academic Director, International Education
  • The Dean, Global Professional School is responsible for making recommendation to the Vice-Chancellor to exit a Partner Provider education agreement.
  • The Vice-Chancellor, on endorsement of a recommendation, will direct the Dean, Global Professional to implement the exit strategy.
  • The Dean of the relevant Institute or School will be responsible for academic oversight of the students transfer or completion.

Actions

1. Initiating an exit strategy by the University

  ACTIVITY RESPONSIBILITY STEPS
A. Conducting a risk assessment of the Partner Provider GPS
  1. A riskassessment of the Partner Providerwill be based on the following:
  • Academic quality and integrity
  • Financial viability
  • Regulatory compliance in host country
  • Reputation of Partner Provider; and
  • Advice from the University’s Legal Office
B. Determining the exit strategy based on the results/outcome of the risk assessment GPS
  1. Implement of one of the following exit strategies:
  • The Partner Provider ceasing delivery of university courses; or
  • The University giving notice that the Partner Provider may not offer any further intakes into university courses; or
  • The University giving notice to Partner Provider/s that a course is ceasing and that they may not offer any further intakes into that course but that all existing enrolled students will be given the opportunity to complete the course (i.e., teach out the course)
C. Seeking approval to exit GPS
  1. Obtain approval from the DVC, Global and Engagement to implement the exit strategy

2. Initiating an exit strategy by the Partner Provider

  ACTIVITY RESPONSIBILITY STEPS
A. Ceasing offering of the University’s course/s  Partner Provider
  1. A Partner Provider may give notice to the University that it wishes to cease offering the University’s courses due to:
    • Declining or low enrolments; or
    • A decision to partner with another University
B. Seeking approval to exit Partner Provider
  1. Obtain approval from the DVC, Global and Engagement to implement the exit strategy

3. Implementing an exit strategy

  ACTIVITY RESPONSIBILITY STEPS
A. Notifying the Partner Provider University’s Legal Office
  1. Ensure that the partner provider receives notification in writing of the decision to exit, providing reasons for the decision or acceptance of the Partner Provider’s intention to cease offering the University’s course/s.
  2. Unless otherwise advised by the University's Legal Office, the partner must not offer places to any new students in the course/s from the commencement of the semester preceding the termination date.
B. Immediately ceasing delivery (on shore) Dean, Global Professional School, or nominee
  1. Meet with the students to explain the decision to immediately cease delivery at an offshore partner provider and offer alternatives to allow each student to complete their unit by:
    • transferring to a university campus or online
    • transferring to another partner provider; or
    • provide assistance to obtain credit to complete with another education provider/University (where possible)
  2. Compliance with the ESOS Act Tuition Protection Services must occur for Provider Default including presenting each student with the choice of:
    • a refund of all pre-paid course fees paid in advance; or
    • the offer of placement in an alternative CRICOS course (either at a university campus or another partner provider); or
    • provide assistance to obtain credit to complete with another education partner provider/University (where possible).
  3. The student must agree, in writing, to accept the alternative course before the University is relieved of the obligation to fully refund the pre-paid tuition fees
C. Managing a teach out period GPS
  1. Where the exit strategy involves a teach out period the partner agreementwill generally specify that both parties must cooperate to ensure that the students complete the course/s and the terms and conditions of the agreement continue (where relevant) to apply and bind the parties until the last student completes their course.
  2. Ensure that the Partner take responsibility for maintaining all necessary government approval/s for the duration of the teach out period
  3. Verify the student's academic transcript to assist the student make an appropriate transfer decision (where teach out is not possible)
  4. Work with the Partner to develop a teach out plan which will include:
    • remaining students and options for completion after the duration of the teach out period
    • a schedule of delivery
    • the finalisation of fees and payments
    • possible early exit arrangements for the students; and
    • the finalisation of records for return to the University.
  5. Prepare and send communications to the students at the Partner outlining:
    • the exit and teach out
    • the contractual obligations to assist the students to complete; and
    • the options available
  6. Maintain student support until each student has completed or has transferred to another institution (including the opportunity to attend graduation).
D. Notifying the relevant bodies Dean, Global Professional School, or nominee
  1. Notify the relevant government regulatory authorities via Quality Services
  2. Notify Federation Finance, Library, Institute / School, Student Administration, Registrar Services, and other relevant personnel
E. Notifying relevant agencies Dean, Global Professional School, or nominee
  1. Notify relevant agencies (if offshore), for example:
    • Austrade
    • Department of Education and Training; and
    • Victorian Government agencies

Promulgation

The Partner Provider Exit Strategy Procedure will be communicated throughout the University community in the form of:

  • An Announcement Notice via FedNews website and on the ‘Recently Approved Documents’ page on the 'Policies, Procedures and Forms @ the University' website to alert the University-wide community of the approved Procedure
  • Communications to Partners and Institutes
  • Inclusion in the University’s Partner Operations Manual

Implementation

The Partner Provider Exit Strategy Procedure will be implemented throughout the University via:

  • Inclusion on the University’s Policy Administration Management Portal;
  • Inclusion in the University’s Partner Operations Manual

Records Management

Title Location Responsible Officer Minimum Retention Period
Risk Assessment GPS Manager, Global Professional Services

Retain for 5 years after life of relevant agreement

Lodge records into the University’s approved records management system using established procedures
Approval to Exit (Minutes from I&PC meeting) GPS Manager, Global Professional Services

Retain for 5 years after life of relevant agreement

Lodge records into the University’s approved records management system using established procedures
Written notification to Partner Provider Legal Office Director, Corporate Governance

Retain for 5 years after life of relevant agreement

Lodge records into the University’s approved records management system using established procedures
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Appointment and Assessment of Partner Teaching Staff Procedure 
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Policy Glossary

Approval Authority: Deputy Vice-Chancellor (Global and Engagement) Original Issue 19/12/2008
Policy Sponsor: Manager, Global Professional Services Current Version: 15/11/2023
CRICOS Provider Number 00103D Review Date: 27/07/2026
TEQSA Provider ID: PRV12151 Provider Category: Australian University
RTO Code 4909 Policy Code CG1526