review of MEMORANDA OF INTENT - University of Hull

							                                  University Code of Practice
                                   Educational Partnerships

                             Chapter I - Memoranda of Intent


Document Reference:                              Chapter I - Memoranda of Intent
Identifier:                                      QH: N1
Version:                                         Version 1 01        Date: Dec 10
In force:                                        On approval

Approved By:                                     Academic Board
Originator:                                      University Quality Office

Application to collaborative provision:          Mandatory

Responsibilities:                                Deans
                                                 Heads of Department
                                                 University Quality Office
                                                 PVC (Learning and Teaching)
                                                 International Office
                                                 University Solicitor’s Office

Applications for exemptions to:                  PVC (Learning and Teaching)

Report Exemptions to:                            ULTAC

Contacts:                                        University Quality Office 01482 466704
                                                 www.hull.ac.uk/quality

Further Guidance:                                QAA Code of Practice section 2: Collaborative
                                                 provision and flexible and distributed learning


Summary/ Description:
This Code sets out the procedure through which the university will consider proposals for new
Memoranda of Intent (MoI) and the review, extension, renewal and termination of existing MoIs.
This chapter must be used in conjunction with the Preamble published at QH: N0.
Version 1 01 (Dec 10) recognises the following changes:
     The revised committee structure

This university Code has been written in accordance with the approach approved by ULTAC to enhance clarity
(Quality Handbook section A:2) involving the following terminology:
         must = mandatory          should = advisable           may = desirable
Where these terms are used they are emphasised in bold.



This document is available in alternative formats on request
           from the University Quality Office

Chapter I – Memoranda of Intent                                                            QH: N1:1
University Quality Office
Version 1 01 - Dec 10
                                                       Table of Contents

Scope ...................................................................................................................................... 3
Definition ................................................................................................................................. 3
The process of approval .......................................................................................................... 3
  Step (i): Consultation with UQO ............................................................................................ 3
  Step (ii): Consultation with the International Office (international MoIs only) ......................... 4
  Step (iii): Submission of the application ................................................................................ 4
  Step (iv): Approval for non-standard MoIs ............................................................................ 4
  Step (v): Consideration of the proposal ................................................................................ 4
  Step (vi) Production and authorisation of the MoI ................................................................. 5
  Step (vii): The Memorandum ................................................................................................ 5
Criteria for approval ................................................................................................................. 5
Review of memoranda of intent ............................................................................................... 5
Renewal of memoranda of intent ............................................................................................. 6
Termination of memoranda of intent ........................................................................................ 6
Transitional arrangements ....................................................................................................... 6




Chapter I – Memoranda of Intent                                                                                           QH: N1:2
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SCOPE
1.     This Chapter applies to the approval, renewal and termination of Memoranda of Intent
       (MoI) and defines the process and criteria for approval of new MoIs, the review,
       extension and termination of existing MoIs and must be used in conjunction with
       Chapter 0.

2.     Before a Memorandum of Intent can be entered into the application must be approved
       by the Pro-Vice-Chancellor (Learning and Teaching) PVC (L&T). Approval for an MoI
       does not require separate partnership approval.
Explanatory note:
    The essence of the MoI is that it is an agreement to talk and explore the potential for future co-operation. It
     does not involve any legal commitment. As such the minimum level of approval is required. Subsequent
     activities will need a) partnership approval under chapter II and b) approval of the specific activities under the
     relevant chapter (III-VIII) of this code
    The term ‘Memorandum of Intent’ includes and supersedes all variants previously used – e.g. Memorandum of
     Understanding, Memorandum of Co-Operation etc
    MoIs must only relate to activities within the scope of this Code and excludes activities concerned with the
     engagement with other institutions for the purposes of research, staff mobility, knowledge exchange etc (see
     Chapter 0 paras 3 and 4)
    MoIs must be drafted/prepared by the University Solicitor’s Office and any amendments to MoIs must be
     effected by the University Solicitor’s Office


DEFINITION
3.     A Memorandum of Intent is defined as

       The recognition of an institution or organisation whereby both parties may undertake to
       explore potential activities which are mutually beneficial.

Explanatory note:
    Definition revised


THE PROCESS OF APPROVAL
4.     Obtaining approval for a Memorandum of Intent involves the following stages:

       (i)   Consultation with the University Quality Office (UQO)
       (ii)  For international MoIs only, consultation with the International Office (IO)
       (iii) Completing and submitting Annexe 1, signed by the relevant head(s) of
             department and dean(s) of faculty together with Annexe 7 for International
             proposals
       (iv) Seeking approval for non-standard MoIs from University Solicitor’s Office
       (v) Consideration of the proposal by PVC (L&T)
       (vi) Production and authorisation of MoI by University Solicitor’s Office
       (vii) Signing of the Memorandum.

Step (i): Consultation with UQO
5.   The main purpose of consulting UQO is to clarify precisely the nature of the arrangement
     sought, establish whether there are any existing partnership/agreements with the
     partner, the planned timescales, and the information which needs to be provided. It also
     enables the sharing of information about the proposed partner, including where it may be
     the case that other faculties are in discussion with the same partner or a potential
     competitor.


Chapter I – Memoranda of Intent                                                                       QH: N1:3
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6.      A University standard MoI drafted by the University Solicitor should be used. If a non-
        standard MoI is requested the need for it must be identified and discussed and
        confirmed with the University Solicitors’ Office.

Explanatory note:
     Details of content of standard agreements are available on request from the University Solicitor’s Office

Step (ii): Consultation with the International Office (international MoIs only)
7.   Evidence of consultation, in the form of written comments from the Director of IO must
     accompany the application in respect of a Memorandum with an international institution.
     Annexe 7 must be used for this purpose.

Explanatory note:
     In the case of international arrangements, steps (i) and (ii) are best conducted together so that all aspects of
      the proposal can be considered and reducing the length of time taken to develop the proposal

Step (iii): Submission of the application
8.   An application, using the approved pro forma set out in Annexes 1 (and Annexe 7 for
     international proposals) must be completed and submitted, with the requisite signatures,
     to the University Quality Office.

Step (iv): Approval for non-standard MoIs
9.   If a non-standard MoI is required then additional clauses must be discussed and agreed
     with the University solicitor and the partner institution. The template at Annexe 8 can be
     used for this purpose.

Step (v): Consideration of the proposal
10. Other than as specified in paragraph 11 an application for an MoI will be considered by
     the PVC (L&T). The decision must be reported to the next available meeting of the
     Programme Approvals Committee.

11.     Where the PVC (L&T), determines, the proposed MoI must be considered following
        circulation to all faculties. Where consideration is to be by circulation faculties must be
        provided with no fewer than 10 working days in which to consider and comment on the
        application. Thereafter the PVC (L&T), must be provided with no fewer than five working
        days to consider comments and recommendations. The decision must be reported to
        the next meeting of the Programme Approvals Committee.

12.     Where the proposed MoI is to be non-standard, a copy of the MoI, or those elements
        which make it non-standard, must be included with the application as provided for in
        Annexe 8.

13.     The PVC (L&T) is empowered to make one of the following decisions:

         Approve the application
         Defer decision, pending further information, identifying the further information required
         Reject the application, identifying the reasons for rejection.

14.     In the event of granting approval the PVC (L&T), must determine whether to grant
        approval for a limited time (e.g. three or five years) or an unlimited time.




Chapter I – Memoranda of Intent                                                                       QH: N1:4
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15.     The UQO will inform the following in writing of the outcome of the application:

           The relevant head(s) of department
           The relevant dean(s) of faculty
           Faculty Administrator
           Solicitors Office
           Secretary of PAC
           The Director of the International Office (for international MoIs).

Explanatory note:
     As MoIs do not involve legal commitments, the process of approval is streamlined allowing quick turnaround
      times unless there is some reason to believe that the proposed arrangement is complex. The involvement of
      faculties should therefore be exceptional. Reporting to the Programme Approvals Committee, however, allows
      the committee to monitor Memoranda being approved
     An application for approval for an MoI should normally be actioned within 3-5 workings days depending on the
      availability of the PVC (L&T)

Step (vi) Production and authorisation of the MoI
16. In all cases the MoI must be produced and authorised by the University Solicitor’s
     Office.

Step (vii): The Memorandum
17. The University Solicitor’s Office will draft the MoI and (once agreed with the partner
     institution) will prepare the document for signing (two copies). The MoI will be signed by
     the PVC (L&T) or a person specifically designated in writing by him/her for this purpose if
     s/he is not available or by the VC, and by an authorised representative of the partner
     institution. If the proposed partner provides a Memorandum which is acceptable to the
     University, and approved by the University Solicitor’s Office, this may be considered
     instead.

18.     One signed copy must be held in the University’s Deed Store.

Explanatory note:
     Production of and obtaining signatures for the formal document is the responsibility of the Solicitors’ Office
     It is expected that in the majority of cases a standard MoI will be used
     The PVC (L&T) is authorised to sign MoI of behalf of the University
     MoIs are not recorded on the Collaborative Provision Register but a full record will be maintained by UQO in
      the form of a database which will be accessible via the portal
     Any agreement proposed by the partner must be approved by the University Solicitor’s Office prior to any
      copies being signed


CRITERIA FOR APPROVAL
19.     The consideration of applications is based on balancing a number of factors reflecting
        the University’s approach to Partnerships, primarily:

         The potential benefits to the University and to the proposed partner
         The potential risks to the University, both financial and reputational
         The sustainability of the partnership.

REVIEW OF MEMORANDA OF INTENT
20.     Unless the Memorandum has been superseded by any form of Partnership Approval
        under Chapter II of this Code, the Memorandum should be reviewed:

         Six months prior to the end of the time limit of the MoI where one was specified, or
         Five years after approval.


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21.     Reviews should be carried out by the faculty working with the UQO and, for international
        partnerships, the International Office in addition to the involvement of the partner
        institution.

22.     The review should take the form of a brief report for consideration by the PVC (L&T),
        indicating the perceived effectiveness of the MoI, any changes in circumstances since it
        was originally approved, and any recommendations for action.

Explanatory note:
     The above assumes that an MoI which results in partnership approval and subsequent partnership activities
      has been effective and does not require review in its own right – it can be reconsidered as part of the review
      of the partnership under Chapter IX. Equally it assumes that an MoI which has not led to such developments
      may not be worth continuing with, and the review identified above would enable a decision about whether to
      continue it
     UQO in consultation with IO will establish and implement a schedule for the review of all partnerships and
      agreements including MoIs


RENEWAL OF MEMORANDUM OF INTENT
23.     Following the review specified in paragraph 20 an application may be submitted to
        renew the Memorandum for a further period. Such application will be considered through
        the same process as a new application as specified in paragraphs 4-18.

Explanatory note:
     It is assumed that the existing information about the arrangement, plus any information generated through
      the review of the MoI will suffice, unless any key details have changed
     Any renewal of or changes to the MoI must be effected by the University Solicitor’s Office


TERMINATION OF A MEMORANDUM OF INTENT
24.     Where the University, through the relevant head(s) of department(s) or dean(s),
        determines that it wishes to bring to an end an MoI, an application must be made to the
        PVC (L&T), following consultation with UQO and, for international partnerships, the
        International Office.

25.     The application must indicate the reasons for wishing to terminate the MoI and the
        intended effective date.

Explanatory note:
     Given the nature of the MoI – an agreement to talk/explore – termination should be relatively straightforward
     UQO will provide advice in relation to the format of the application to withdraw
     Any amendment, renewal or termination of an MoI must be effected by the University Solicitor’s Office


TRANSITIONAL ARRANGEMENTS
26.     Where an MoI was approved under any predecessor to this Code, the provisions of this
        Code shall apply in respect of any review, extension or termination.

Explanatory note:
     MoIs approved before this code will be subject to review, renewal and/or termination by this code as required.
      In particular this is designed to ensure that all agreements are subject to a five yearly review of the
      partnership under Chapter IX




Chapter I – Memoranda of Intent                                                                     QH: N1:6
University Quality Office
Version 1 01 - Dec 10