• Section 1 - Context
• Section 2 - Scope
• Section 3 - Definitions
• Section 4 - Proposal for Third Party Arrangement - Education
• Third Party Arrangement – Education (Domestic) Proposal and Due Diligence
• Third Party Arrangement – Education (Transnational) Proposal and Due Diligence
• Business Case
• Agreements
• Section 5 - Discontinuing Programs, Agreement Termination or Expiry
• Section 6 - Management of Agreement 
• Program Delivery
• Invoicing
• Agreement Coordination and Liaison
• Section 7 - Academic Governance, Program and Course Approval
• Academic Coordination & Liaison
• Section 8 - Course and Program Approval
• New Courses and Programs
• Existing Courses and Programs
• Integrity of Assessment
• Third Party Provider Courses
• Credit
• Staffing    
• Recruitment and Marketing
• Section 9 - Student Administration
• Admission and Enrolment
• Graduation 
• Section 10 - Quality Assurance
• Comprehensive Program Reviews
• Academic Quality Assurance, Monitoring and Evaluation
• Third Party Arrangement Annual Report
• Student Feedback
• Third Party Provider Program Delivery Manuals and Student Information
• Section 11 - Roles and Responsibilities
• Section 12 - Relaxing Provision 
• Section 13 - Appendices

Section 1 - Context

(1) This procedure supports the Third Party Arrangements - Education Policy, the Course Management and Assessment Manual, the Program Management Manual - Coursework, the Global Partnerships Framework, the Trans National Education (TNE) Guidelines, the Risk Management Framework, Commercial Activities Policy and Commercial Activities Procedure, and must be read in conjunction with those documents.

(2) When establishing a third party arrangement, particular attention must be paid to the University's Staff Code of Conduct, Ethical Framework, Transparency and Disclosure Policy, Conflict of Interest Policy, Foreign Interference Policy, International Sanctions Compliance Policy, and the Code for the Protection of Freedom of Speech and Academic Freedom.

Section 2 - Scope

(3) This procedure applies to all Third Party Arrangements – Education as defined by the Third Party Arrangements – Education Policy.

Section 3 - Definitions

(4) Please see the Third Party Arrangement – Education Policy.

(5) A Third Party Arrangement – Education Program Delivery Manual (Program Delivery Manual or Operations Manual) is approved by the University's Academic Senate and sets out key information needed by University and third party partner staff for the delivery of University of Newcastle courses and programs.

Section 4 - Proposal for Third Party Arrangement - Education

Third Party Arrangement – Education (Domestic) Proposal and Due Diligence

(6) Proposals for a Third Party Arrangement – Education (Domestic) should be prepared using the Third Party Arrangements – Education (Domestic) Proposal Form.

(7) Due diligence checks for a Third Party Arrangement – Education (Domestic) should be completed as required in the Proposal Form and should consider the potential partner’s ability to support the University's ongoing compliance with the Higher Education Standards Framework (HESF).

(8) The Proposal Form, including due diligence assessment, must be completed and endorsed by the relevant Pro Vice-Chancellor before development of a business case.

Third Party Arrangement – Education (Transnational) Proposal and Due Diligence

(9) Proposals for a Third Party Arrangement – Education (Transnational) may be considered a Category B commercial activity under the University's Commercial Activities Policy and Commercial Activities Procedure and if so, must comply with the Commercial Activities Policy and Commercial Activities Procedure, including completion of the relevant proposal and a commercial activity impact assessment. 

(10) Due diligence checks for Third Party Arrangements – Education (Transnational) must be prepared according to the Commercial Activities Procedure and consider the potential partner’s ability to support the University's ongoing compliance with the Higher Education Standards Framework (HESF).

(11) The proposal for a Third Party Arrangement – Education (Transnational) must be approved according to the Commercial Activities Procedure before proceeding to the development of a business case.

Business Case

(12) The Third Party Arrangement – Education Business Case must be prepared using the University's Portfolio Strategy Group Business Case Template in CourseLoop and should include an assessment of facilities for delivery of the University's courses by the third party provider.

(13) Business Cases will be considered by the Portfolio Strategy Group and will be subject to the approval process set out in the Program Management Manual - Coursework.

(14) The Business Case should assign an appropriate officer to manage the agreement.

Agreements

(15) The University Legal and Compliance must be engaged for the development, review and negotiation of any third party arrangement – education unless an unamended agreement from the Legal and Compliance portal is used.

(16) The Legal and Compliance unit may assess the third party arrangement – education and advise that legal assistance is not necessary if, for example, the arrangement is low value and/or low risk. 

(17) The template agreement contains all elements that are required to cover the rights, responsibilities and obligations of both the University of Newcastle and the third party with respect to the domains set out in the Higher Education Standards Framework.

(18) Agreements must be approved and signed in accordance with the University's delegations of authority (see Delegations Register).

(19) The appropriate consultation pathway prior to approval of the agreement includes:

1. consultation with General Counsel; 
2. consultation with the Chief Financial Officer; 
3. consultation with the Pro Vice-Chancellor, Global for Third Party Arrangement – Education (Transnational);
4. endorsement of the relevant College Pro Vice-Chancellor;
5. approval of the Commercial Activity (if applicable) by the relevant delegate; and
6. approval of the Business Case, with endorsed due diligence assessment by the Deputy Vice-Chancellor (Academic) through the Portfolio Strategy Group.

(20) All approved agreements for a Third Party Arrangement – Education will be reported by the Deputy Vice-Chancellor (Academic) to the Teaching and Learning Committee and to TEQSA via a material change notification. 

(21) All approved and signed formal agreements will be stored in accordance with the University of Newcastle’s Records Governance Policy. 

Section 5 - Discontinuing Programs, Agreement Termination or Expiry

(22) The relevant University of Newcastle College Associate Dean (Education) and/ or Associate Dean, International for transnational arrangements, or Head of School may recommend the termination of an agreement.

(23) The closure of a program to new admissions for a teaching period, the removal of a program from offer at a location, and/or the termination/expiry of a third party agreement must be managed in accordance with the relevant formal agreement.

(24) When a program offered under a third party agreement is terminated, the relevant University of Newcastle College Associate Dean (Education) will oversee the development of resourced transition plans that are consistent with the University of Newcastle’s obligations to allow existing students to complete their program in a reasonable timeframe.

(25) Proposed transition plans and teach out arrangements must be submitted to the Program and Course Approval Committee (PCAC) for review and approval. The PCAC will monitor the implementation of approved transition plans.

(26) The Deputy Vice-Chancellor (Academic) will advise TEQSA of any changes to arrangements with other education providers.

(27) In the case of Third Party Arrangement – Education (Transnational), the Commercial Activity Procedure must be complied with when proposing to terminate the formal agreement.

(28) The termination of a third party agreement must be approved in accordance with the University's delegations of authority (see Delegations Register).

Section 6 - Management of Agreement 

Program Delivery

(29) The University of Newcastle may change the academic delivery method of a program with the agreement of the third party provider.

(30) Teaching periods must be aligned with the University of Newcastle academic calendar unless otherwise agreed by the University of Newcastle. Where new teaching periods are proposed the Business Case will indicate the anticipated administrative effort of the alternative teaching periods.

Invoicing

(31) The University's designated responsible officer for management of the agreement will initiate the creation of an invoice for payment by a partner. 

Agreement Coordination and Liaison

(32) The Pro Vice-Chancellor, Global is responsible for the management, coordination and communication of third party provider agreements with transnational education partners, including the establishment of relevant management committees.

(33) The relevant Head of School is responsible for the management, coordination and communication of third party agreements with partners within Australia, including the establishment of relevant management committees. 

Section 7 - Academic Governance, Program and Course Approval

Academic Coordination & Liaison

(34) A University of Newcastle academic staff member (normally the Program Convenor of the comparable program at the University) must be appointed as the academic contact for each program to provide ongoing oversight of courses and/or programs delivered by third parties. The third party provider must also appoint a Program Convenor for each program.

(35) University of Newcastle staff in the relevant College and support units must provide induction and orientation materials for the staff of the third party provider, including training on University of Newcastle rules, policies, procedures and processes, before the commencement of teaching.

(36) A University of Newcastle professional staff member such as a College General Manager or nominee is accountable for the operationalisation of the agreement, governance, quality and provision of teaching programs and services. Where an agreement incorporates two or more Colleges, each College must appoint a representative.

(37) The third party provider should also appoint a person to manage the delivery of services and liaise with the appointed University of Newcastle representative.

(38) Before the establishment of any new third party arrangement an operations group of staff from both institutions should organise and coordinate information, communication, actions, responsibilities, systems and procedures for the delivery and review of courses, and the support and administration of students.

Section 8 - Course and Program Approval

(39) Course and program materials must be approved by the Program and Course Approval Committee (PCAC) in accordance with the approval process set out in the Course Management and Assessment Manual and the Program Management Manual - Coursework.

New Courses and Programs

(40) Courses and/or programs must be approved by PCAC subject to the signing of the relevant agreement or agreement variation.

(41) New Courses and/or programs may be administered under unique course codes and relevant location and mode of delivery. The location or mode of delivery may be reflected in the course title or course code.

Existing Courses and Programs

(42) Revisions to existing courses and/or programs offered through third party providers will be subject to the University of Newcastle course and program approval process as set out in the Course Management and Assessment Manual and the Program Management Manual - Coursework and any relevant delegations of authority.

(43) In revising courses and/or programs, Colleges must ensure continuing students are offered a suitable transition plan.

Integrity of Assessment

(44) The University of Newcastle Course Management and Assessment Manual applies to all University of Newcastle course assessments delivered under third party agreement.

(45) Where University of Newcastle course assessment items are graded by the third party provider and contribute to more than 10% of the final mark, the University of Newcastle College Associate Dean (Education) is responsible for working with schools and Colleges to analyse the assessment item results to ensure consistency across the offering, detect variability, and recommend adjustments to reduce variability. 

(46) Where assessment items for an individual University of Newcastle course are a combination of those set or graded by the third party provider and those set or graded by the University of Newcastle, the University of Newcastle College Associate Dean (Education) is responsible for analysing the consistency between grades for assessment items graded by the third party provider and those graded by the University of Newcastle. The teaching staff of the third party may participate in the moderation process.

(47) In the event of inconsistent moderation results, the University of Newcastle College Associate Dean (Education) is responsible for developing a plan to address the issue in collaboration with the third party provider’s Program Convenor, or equivalent.

(48) All course final results will be considered at and approved by the appropriate University School Assessment Body to ensure appropriate monitoring and equivalent student experiences and outcomes are maintained (see Course Management and Assessment Manual).

Third Party Provider Courses

(49) Where a University of Newcastle program incorporates a third party provider’s course(s), the University of Newcastle College Associate Dean (Education) is responsible for:

1. working with Heads of School, Course Co-ordinators, Program Convenors and the third party provider to ensure that the course meets University of Newcastle academic standards, the learning outcomes are appropriate to the level of the course, and the course is appropriately placed within the program structure;
2. collaborating with Heads of School, Course Co-ordinators, Program Convenors and the third party provider to map curriculum, assessment items and reference material for each instance in which a third party provider’s course is delivered to University of Newcastle students.

Credit

(50) Arrangements for the granting of credit will be detailed in the agreement. Any credit transfer arrangement must be approved in accordance with the provisions of the Credit and Recognition of Prior Learning Policy. 

(51) The approved credit or articulation arrangements may not be altered or substituted by the third party partner through further credit or Recognition of Prior Learning (RPL) granted by the partner.

(52) Where articulation arrangements are approved for courses delivered by third party providers, the relevant University of Newcastle College Associate Dean (Education) will work with the provider to ensure courses are available for articulation students. The University will determine the credit to be granted to individual students according to the Credit and Recognition of Prior Learning Policy and the relevant Program Schedule.

Staffing    

(53) The third party provider will prepare staffing profiles for all of their academic staff who will deliver content that forms part of a University of Newcastle course and/or programs. Each staffing profile must include the following information:

1. academic qualification;
2. employment experience; and
3. a detailed explanation of the staff member’s role and responsibility within the course (i.e. course coordinator, tutor, lecturer).

(54) The relevant University of Newcastle Head of School or nominee will review academic staff profiles prepared by the third party provider and forward them to the relevant College Pro Vice-Chancellor for approval.

(55) Where the third party provider is not recognised as a ‘University’ by TEQSA or by the Australian Department of Education, the University's Coursework Program Teaching Qualification Guidelines, as outlined in the Course Management and Assessment Manual will be used to assess the suitability of academic staff to coordinate, deliver, teach or assess a University course. The University of Newcastle has the right to veto the appointment of any academic staff teaching content which forms part of a University of Newcastle courses and/or programs under the agreement.

Recruitment and Marketing

(56) Courses and/or programs delivered with or by third party providers will not be published, marketed (including digital) or accept student applications until:

1. the relevant agreement or agreement variation and relevant sub-documents have been approved by an appropriate delegate;
2. PCAC has approved the course, program offering or location of offer;
3. TEQSA has been notified of the third party arrangement; and 
4. marketing materials have been approved by an appropriate delegate.

(57) All promotional material including use of the University of Newcastle logo must be approved in accordance with the University's delegations of authority, and must contain the University's CRICOS code.

(58) Any program requiring CRICOS registration cannot be promoted until a CRICOS code has been received. 

(59) Any promotion of a third party provided course or program, and recruitment of students will describe the education services accurately, including the nature of programs, facilities and opportunities available for cross-location experiences for students. Where students will require an Australian Student visa, all marketing materials must comply with the Education Services for Overseas Students Act 2000 (Cth) and its related code of practice.

(60) Where marketing or promotional (including digital) materials are in a language other than English, the third party is required to provide an appropriately certified English language translation of the materials for the delegate to approve. 

Section 9 - Student Administration

Admission and Enrolment

(61) No offer of admission may occur before the appointed representative of the University of Newcastle has received evidence of approval of the third party provider’s regulatory authority to deliver the program.  

(62) Transnational third party providers are responsible for ensuring that they have all required legal and regulatory permissions and authorities to deliver the program in accordance with all jurisdictions in which the courses and programs are being taught (whether in part or in full).

(63) Offers of admission must comply with the requirements of the Admissions Manual - Coursework and Enabling Programs in addition to any other specific requirements of the third-party or other jurisdiction in which the program is being delivered.

(64) Each student admitted to a University of Newcastle third party provided program must satisfy the usual University of Newcastle admission criteria for the program to which they are being admitted and comply with the University of Newcastle enrolment conditions.

(65) University staff are responsible for processing applications and admitting students to the program. Original documents or certified copies of any documentation associated with admission must be received and sighted by University of Newcastle staff before students may be admitted.

(66) The University of Newcastle is responsible for issuing an admissions notification to each relevant student. 

(67) Students in the University's third party programs must enrol in the University of Newcastle courses and/or programs in accordance with the Enrolment Manual, and this will be stated in the admissions notification.

(68) Records of any written offers made to applicants for programs delivered by third party providers must be kept by the University in accordance with the Privacy Policy and Records Governance Policy.

(69) Student progression must be monitored in line with the Student Academic Progress Procedure and the Learning Analytics Procedure.

(70) Students enrolled in a University of Newcastle course or program provided by or with a third party provider remain subject to University of Newcastle policies and procedures unless otherwise indicated in the formal agreement or approved by an appropriate delegate. Students must be provided with access to information on which policies and procedures apply to their studies.

Graduation 

(71) Students graduating under a Third party Arrangement - Education may be invited to attend a University of Newcastle Graduation Ceremony. 

(72) The third party provider may hold a recognition or prize-giving ceremony in accordance with the Awards and Graduation Policy. 

(73) If any part of the qualification has been delivered and/or assessed in a language other than English, a statement that this has occurred must be included on the testamur, the academic transcript or the Australian Higher Education Graduation Statement (AHEGS). The language of instruction must appear on the transcript of results, the AHEGS, and the testamur.

(74) Where permitted in the agreement and in accordance with the relevant University of Newcastle policy and procedures, a jointly badged testamur may be awarded to students completing an award under Third Party Arrangement – Education for a jointly awarded degree. In these cases, the format for any jointly badged testamurs must be approved by a University of Newcastle delegate. 

Section 10 - Quality Assurance

Comprehensive Program Reviews

(75) Programs delivered through third party providers are subject to the University of Newcastle’s schedule of Program Review requirements as outlined in the Education Quality Assurance Policy. The Program Review should occur concurrently with the Program Review of the same or comparable programs offered in other locations or modes of delivery.

Academic Quality Assurance, Monitoring and Evaluation

(76) University of Newcastle courses and/or programs delivered by third parties must be monitored according to the University's quality assurance framework, which includes performance review through surveys and reporting. 

(77) The Office of the Pro Vice-Chancellor Education Innovation must ensure that data on student progress, retention and success from third party providers are available to the College Board, the University of Newcastle College Associate Dean (Education) and the Program Convenor.

Third Party Arrangement Annual Report

(78) The University of Newcastle Associate Dean (Education) is responsible for completing a Third Party Arrangement – Education Annual Report for each domestic and transnational partnership using the Third Party Arrangements Annual Report Template.

(79) The Third Party Arrangement Annual Report will consider:

1. key indicators including admission targets, retention, student success and student feedback including benchmarking;
2. outcomes from academic quality assurance processes;
3. academic governance and compliance, and any accreditation requirements;
4. financial viability;
5. any changes to the arrangements with the third party provider and impacts;
6. feedback and comments from stakeholders, including but not limited to the third party provider, Global Office, Student Central, and any School or College involved in the delivery of courses under Third Party Arrangement – Education.

(80) The Third Party Arrangement Annual Report may include an overall evaluation of the partnership and must, where relevant, include recommendations for future engagement with the third party provider;

(81) The Third Party Arrangement Annual Report may include information obtained from a site visit to the third party provider. All costs associated with the site visit will be borne by the relevant College unless otherwise stipulated in the agreement.

(82) The Third Party Arrangement Annual Report will be submitted to the Teaching and Learning Committee for review, approval and monitoring of recommendations or outcomes.

(83) The Third Party Arrangement Annual Report will be forwarded to Academic Senate for noting.

(84) In addition, Third Party Arrangements – Education (Transnational) are subject to annual reporting obligations under the Commercial Activities Policy and Commercial Activities Procedure.

(85) A Third Party Arrangement – Education (Domestic) for joint delivery of a program with another Table A higher education provider under subdivision 16B, 16-15 of the Higher Education Support Act is subject to the reporting requirements of the relevant agreement and is not subject to the reporting provisions set out in this Procedure.

Student Feedback

(86) The University of Newcastle must ensure that students enrolled in a University of Newcastle course or program as part of a Third Party Arrangement – Education are provided with the opportunity to participate in relevant confidential student surveys.

(87) Strategy, Planning and Performance are responsible for ensuring that University of Newcastle students studying with a third party provider are included and can be identified in the University of Newcastle student and graduate surveys.

(88) Strategy, Planning and Performance must ensure that student feedback results are provided to the University of Newcastle College Associate Dean (Education) and the Program Convenor. Where student feedback is lower than acceptable in the overall satisfaction measure in the relevant student survey instruments the College Associate Dean (Education) is responsible for developing a plan to address the issue in collaboration with the third party provider.

(89) Where a program incorporates the third party provider’s courses/subjects, students must be allowed to provide feedback on the quality of these courses/subjects.

Third Party Provider Program Delivery Manuals and Student Information

(90) The University College Associate Dean (Education) will create and maintain a Third Party Arrangement Program Delivery Manual based on the template (See Section 13) that sets out key information needed by third party staff managing or teaching University of Newcastle courses and programs. This will be developed in accordance with the requirements of the Policy Framework and prior to the first intake of students.

(91)  The Program Delivery Manual must set out the responsibilities of all parties concerning the teaching, delivery, delivery methods and academic administration of each course and program. The University of Newcastle may choose to provide specific sections tailored to individual providers as required.

(92) The Program Delivery Manual must be approved by Academic Senate, subject to endorsement by the Executive Leadership Team, and include information relating to academic and operational matters including:

1. admission and enrolment;
2. student fees and refunds;
3. orientation;
4. academic and non-academic resources and support services;
5. health, safety and wellbeing;
6. assessment;
7. graduation;
8. academic integrity;
9. student conduct;
10. student feedback, complaints and grievances processes; and
11. contact information for the University of Newcastle.

(93) In consultation with the third party provider, the University of Newcastle will create and maintain a site within the learning management system to provide information to students enrolled in University of Newcastle courses and programs delivered through the third party provider. 

(94) As a minimum the learning management system site must outline the University of Newcastle requirements, including but not limited to: 

1. a full program outline, including graduate learning outcomes relevant to the program and the University of Newcastle Generic Skills;
2. use of the learning management system and associated systems (such as text-matching software);
3. access to the Library;
4. assessment and examinations including grading, requests for review and re-marking, and adverse circumstances;
5. academic expectations with regards to academic integrity, academic progress, attendance and work health and safety;
6. student responsibilities for regularly monitoring their student email account, 
7. relevant University of Newcastle policies and procedures;
8. compulsory not for credit modules including:
   1. Academic Integrity Module; and
   2. Consent Matters Module (optional);

(95) The learning management system site must outline the third party provider requirements, including but not limited to:

1. third party provider policies and procedures; and 
2. contact information for the third party provider.

(96) The Academic Governance and Compliance Unit is responsible for reviewing the third party provider Program Delivery Manual and learning management system site to ensure the accuracy of the Program Delivery Manuals, and consistency between the manuals and other University policies and procedures.

Section 11 - Roles and Responsibilities

(97) Where the agreement provides for specific services to be managed or delivered by the third party provider, the responsibility of the relevant University of Newcastle support unit may be limited to overseeing service provision and ensuring that academic standards, learning and teaching, facilities or services meet the needs of students and are equivalent to those provided by the University of Newcastle in other locations and delivery modes. 

Section 12 - Relaxing Provision 

(98) The University of Newcastle may relax any clause from this Procedure with approval from the Deputy Vice-Chancellor (Academic) and in consultation with relevant parties as required.

Section 13 - Appendices

(99) Third Party Arrangement – Education Proposal Form (Domestic)

(100) Third Party Arrangement – Education Annual Report template (Domestic and Transnational)

(101) Third Party Arrangement – Education Program Delivery Manual template (Domestic and Transnational)