Transnational Education and Third-Party Arrangements Policy

Intent

This Policy establishes the framework for initiating, approving, and managing transnational and third-party arrangements for the delivery of James Cook University (JCU; the University) programs, wholly or in part, in partnership with universities, or other educational providers, whether in Australia or overseas. It ensures alignment with the University’s strategic objectives and compliance with Tertiary Education Quality and Standards Agency (TEQSA) standards, safeguarding the quality of education, student experience, and institutional reputation.

This Policy addresses Higher Education Standards Framework Standards (HESF) Standard 5.4: Delivery with Other Parties, and the National Code of Practice for Providers of Education and Training to Overseas Students.

Scope

This Policy applies to all Transnational Education (TNE) Arrangements and Third-Party Arrangements for delivering University programs offshore or through external partners. It encompasses:

• Twinning arrangements, franchising, joint degrees and hybrid delivery models;
• English language preparation including English Language Intensive Courses for Overseas Students (ELICOS) programs and foundation studies programs;
• Proposals initiated by JCU Australia, James Cook University Pte Ltd located in Singapore (JCUS), and JCU Brisbane (JCUB).
• All staff establishing, teaching, or managing a program or course delivered under a third-party arrangement, whether employed by the University or a partner organisation.
• All contracted third-party providers.

This Policy does not apply to:

• research collaboration arrangements;
• articulation, credit transfer, student exchange or study abroad arrangements;
• HDR candidature programs, except where enrolment, administration or supervisory responsibilities are formally delegated to a third party;
• co-tutelle arrangements; and
• internal operations wholly within JCUS or JCUB jurisdictions.

Definitions

Except as otherwise specified in this Policy, the meaning of the terms used are as per the Policy Glossary.

Policy

1. Transnational Education (TNE) and Third-party Arrangements (TPA’s) provide the University with strategic opportunities to extend global reach, enhance reputation, and diversify educational offerings, while contributing to broader institutional goals of impact and sustainability.

2. The establishment and management of TNE and TPA’s exposes the University to a variety of risks including financial, academic and reputational. In developing and establishing TNE and TPA’s, the University will ensure that any arrangement:

2.1 aligns with the University’s strategic goals including:

2.1.1 providing the opportunity to create pipelines of students into Australia; and

2.1.2 increasing the University’s profile and branding in new and expanding markets.

2.2 delivers learning and teaching that is equivalent and maintains assurance of specified student learning outcomes and academic standards across the University and its third-party delivery locations and modes, and upholds academic integrity, ensuring that the partner:

2.2.1 has a demonstrated record of academic credibility suitable to the type of arrangement, which should complement and align with the University's expectations on quality and reputation;

2.2.2 recognises that the University retains academic control over its programs and awards (exercised through selection and admission, granting of credit, curriculum and assessment of courses, academic progression, award conferral);

2.2.3 complies with all applicable University policies, procedures and guidelines related to teaching, learning, programs and student support; and

2.2.4 ensures that the staffing complement is sufficient to meet the educational, academic support and administrative needs of student cohorts, that teaching staff are appropriately qualified to deliver programs, teacher development opportunities are provided, and teaching quality is monitored.

2.3 meets local and Australian regulatory requirements including but not limited to:

2.3.1 the legislative and regulatory requirements of the country in which it operates;

2.3.2 delivering courses consistent with the academic standards of the University as set out in its internal policies and external compliance obligations including:

• Higher Education Standards Framework (Threshold Standards) 2021 or subsequent updates;
• The Higher Education Support Act 2003 (HESA);
• Australian Qualifications Framework;
• Education Services for Overseas Students (ESOS) Act 2000 and National Code of Practice for Providers of Education and Training to Overseas Students 2018; and
• other relevant accreditation bodies.

2.4 is mutually beneficial and minimises financial, academic, and reputational risk, such that any partnership:

2.4.1 is financially sustainable;

2.4.2 provides measurable qualitative and quantitative benefits for partners, stakeholders, students and staff;

2.4.3 ensures all reputational risk is minimised; and

2.4.4 ensures all risks identified are consistent with the University’s risk appetite.

3. All arrangements require the development and execution of formal contractual documentation in accordance with the University's delegations of authority, this Policy and its associated procedure and documents, before the commencement of the arrangement.

4. The University will ensure that TPA’s are appropriately overseen by academic and corporate governance bodies, and that appropriate structures are in place to govern each of those arrangements.

5. Arrangement documentation must include clear dispute resolution mechanisms, and in cases of termination, provisions must ensure students can complete their studies without penalty.

6. All TPA’s must take full consideration and account of ethical, safety, security, compliance and political considerations. This includes reference to the Guidelines to Counter Foreign Interference in the Australian University Sector 2021.

7. The University will not enter into arrangements with overseas institutions or organisations in any country with which Australia does not engage in diplomatic relations or where otherwise advised by the Australian Department of Foreign Affairs and Trade (DFAT) or other relevant government bodies not to do so.

8. The University will not enter into arrangements to deliver any University courses and/or programs with Sanctioned Countries, Persons or Entities. If a country, person, or entity becomes subject to sanctions after an arrangement is established, the University will suspend the arrangement immediately and undertake a risk assessment to determine appropriate action, which may include termination of the arrangement.

9. Proposals for TNE and TPA’s must be developed in accordance with the Transnational Education and Third-Party Arrangements Due Diligence Procedure.

Responsibilities

10. Council retains the power to establish a new campus (either in Australia or overseas), approve TPA’s, and to approve the first instance the offshore delivery of a program.

11. Academic Board and Council are responsible for the oversight of TPA’s in relation to academic quality, financial sustainability, and strategic alignment.

12. The Vice Chancellor’s Committee (VCC) is responsible for the review of the relevant business case and academic plan, and endorsement of all suitable TNE and TPA proposals to Council for approval.

13. The Vice Chancellor retains sole signing authority for establishing, amending or terminating legal agreements relating to TNE or Third-Party Arrangements.

14. The Deputy Vice Chancellor (DVC) Academy and the Chief Marketing Officer may facilitate the development and management of onshore or offshore partnerships including recommendations on potential partners, the DVC Research for arrangements relating to HDR programs, and DVC Singapore for arrangements made via JCUS (noting sub-contracting of JCU awards or course delivery at other locations is prohibited).

15. The Dean (or nominee) who manages the program is responsible for ensuring that programs and courses are delivered in accordance with relevant University academic policies and any professional accreditation requirements.

16. The DVC Education, or DVC Research (in relation to HDR programs), is responsible for:

16.1 monitoring and assuring the academic quality of all TPA’s for all accredited programs and products;

16.2 undertaking cyclical reviews of offshore and domestic TPA’s, reporting on pedagogy, professional development, academic quality matters, student survey results and student progression;

16.3 ensuring that all components of the student lifecycle are delivered in a timely fashion, and comply with relevant legislation, regulations, policies and procedures. This includes but is not limited to: student enrolment, student complaints, appeals, student conduct matters, assessment support and unsatisfactory progress, academic integrity matters, completions, awards and graduations; and

16.4 ensuring that partner staff and students have access to University library online learning resources and study support (or equivalent as assessed by the University Librarian), and for monitoring the quality and appropriateness of services and information resources.

16.5 ensuring comparable access to orientation and student support services.

17. All staff who are responsible for the design, delivery, review, monitoring and administering of program and course offerings delivered through a third-party provider must follow JCU policies and procedures.

Related policy instruments

Transnational Education and Third-Party Arrangements Due Diligence Procedure

Conflict of Interest Policy

Foreign Interference Policy

Foreign Arrangements Notification Procedure

Schedules/Appendices

Nil

Related documents and legislation

Guidelines to Counter Foreign Inference in the Australian University Sector 2021

Transnational Education Toolkit, TEQSA, 2022

Guidance Note: Delivery with other parties, TEQSA, 2023

Administration

NOTE: Printed copies of this policy are uncontrolled, and currency can only be assured at the time of printing.

Approval Details

Revision History