Rules of Heinrich Heine University Düsseldorf for the Award of Scholarships (Scholarship Rules) of 16 th July 2012

Transcription

1 This English translation is intended solely to allow English-speaking students a better understanding of the Scholarship Rules. Only the German version is legally binding. Rules of Heinrich Heine University Düsseldorf for the Award of Scholarships (Scholarship Rules) of 16 th July 2012 Contents Preamble 1 Scope 2 General principles 3 Selection committees 4 Call for applications 5 Announcement of selection decision (in writing or in electronic form) 6 Fellow s obligation to cooperate 7 Obligation of secrecy 8 Interruption of support 9 Revocation, withdrawal of decision, premature termination of scholarship 10 Repayment of support 11 Data protection 12 Entry into force and publication Preamble In the awarding of scholarships, Heinrich Heine University Düsseldorf acts in accordance with a uniform framework, which respects the interests of research and teaching. In order to guarantee equal treatment, transparency and legal certainty, the following key principles documented here are observed. The Rules additionally provide guidance on the legal treatment of the legal relationships regarding scholarships, without affecting the underlying student or doctoral researcher relationship. 1 Scope These Rules apply to the awarding of scholarships by Heinrich Heine University Düsseldorf for undergraduate studies, stays abroad as well as support of doctoral studies. Their purpose is to ensure that scholarships are awarded in a comprehensible manner and in accordance with uniform and standardized

2 procedures. Supplementary regulations or necessary deviations can be specified by the University or its faculties in special rules, implementing provisions or procedural guidelines. Particular consideration ( 2 Paragraph 7, 3 Paragraph 5 and 6 Paragraph 6) is given in these Rules to the concerns of the structured training programmes (Research Training Groups or Graduate Schools). 2 General principles (1) The purpose of a scholarship from Heinrich Heine University Düsseldorf is to provide financial support for university education and further training. A scholarship may not be made dependent on a return service or an employee relationship or a declaration of intent regarding a later employee relationship. This does not affect the obligation to cooperate in accordance with 6. (2) Scholarship payments are not wage or salary remuneration in the sense of 14 of the German Social Code (Sozialgesetzbuch IV). Scholarships are therefore not subject to statutory social security. Periods in which a scholarship has been drawn have no effect in terms of labour law on later employment in the civil service (e.g. salary brackets, level categorization). (3) Scholarships can only be awarded in the framework of available budgets or third-party funds. University scholarships are also those scholarships from the funds of third parties (third-party funds) for the award of which the University is responsible, i.e. in which a legal scholarship relationship is established between the fellow and the University. (4) Scholarships are awarded as the result of a selection procedure on the basis of submission of an application by due date. (5) These Rules do not substantiate any legal claim to the granting of a scholarship. (6) All significant legal decisions and all major stages in the proceedings are documented in writing. (7) The funding of scholarships from third-party funds takes place according to the guidelines specified by the provider of these funds. (8) The maximum rate of the scholarship is based on the funds necessary for subsistence and to cover education and training costs. 3 Selection committees (1) The composition of the respective selection committee must be based on objective criteria (qualification, function, responsibility, individual concern). In the case of the structured training programmes, the committee must be formed in accordance with the applicable rules of procedure. In all other instances, the decision-making power for the formation of the committee for faculty-bound scholarships lies with the dean or the President s office. This decision-making power can be conferred to other responsible parties. (2) A selection committee should establish rules of procedure for itself.

3 (3) A selection committee reaches its decision by simple majority. In the event of a tie, the chairperson has the casting vote. (4) All committee resolutions are documented in a transcript. (5) In the case of the structured training programmes (e.g. Research Training Groups or Graduate Schools), the requirements specified in Paragraph 1 to 3 can be supplemented or modified in the respective applicable rules of procedure or the scholarship grant. 4 Call for applications (1) Scholarships are to be publicly announced throughout the University on the University s websites. By way of exception, a call for applications can be foregone in the case of doctoral scholarships, if sufficiently qualified applications have already been submitted. (2) Reference to the call can additionally be made in other media, in particular in scientific journals. (3) The call contains, in particular, the following information: purpose of funding, target group, form and deadline for applications, award criteria, documents to be submitted and designation of the selection committee. 5 Announcement of the selection decision (in writing or in electronic form) The applicant is notified in a suitable manner of the result of the selection procedure (e.g. through an announcement on the institution s website). 6 Fellow s obligation to cooperate (1) In accepting the scholarship, the fellow undertakes to pursue actively the purpose of the scholarship and of his/her studies or doctoral research. Irrespective thereof, the obligations arising from the student or doctoral researcher relationship which are the basis for the scholarship relationship are to be observed (principles of good scientific practice, observance of confidentiality, other duties and obligations applicable by law or by virtue of a contractual agreement). (2) The fellow must fulfil any supervision agreements, obligations or requirements related to the acceptance of the scholarship. (3) The fellow is obliged to participate during the funding period in the aptitude and performance reviews arising from the guidelines of the respective programme. (4) The fellow is bound by the obligation to cooperate and the duty of disclosure with regard to all circumstances relevant for the granting of the scholarship. (5) The obligations of doctoral researchers arising from the respective doctoral rules remain unaffected.

4 (6) In the case of the structured training programmes (e.g. Research Training Groups or Graduate Schools), the respective applicable rules of procedure or the scholarship grant govern, either as supplement or modification, the content of the fellow s obligation to cooperate. 7 Obligation of secrecy In the context of their activities at the University (research, teaching, patient care), fellows are obliged to observe secrecy. 8 Interruption of support (1) Scholarship payments continue in the case of pregnancy and childbirth in keeping with the protection periods under maternity protection legislation. Unless otherwise foreseen in the guidelines of the respective programme, the conditions and the duration of the scholarship remain unchanged. (2) In the case of graduate support where the scholarship lasts at least one year, work on the research project may be interrupted in agreement with the supervisor for a commensurate period for the purpose of vacation and recuperation, without this affecting the granting of the scholarship. (3) Interruptions in studies or doctoral research and a subsequent interruption in drawing the scholarship are only permitted in special exceptions and must be suitably justified. The sponsoring institution must in any case be notified immediately. 9 Revocation, withdrawal of decision, premature termination of scholarship (1) The approval of a scholarship can be withdrawn partly or in full with past or future effect, if it was based on erroneous facts, obtained through incorrect information or if the fellow has not fulfilled his/her obligations in accordance with 6 or 7. (2) The approval of the scholarship is revoked to the end of the month in which the student terminates or interrupts his/her studies or changes university or study programme or the doctoral relationship is terminated or the conditions for a claim to the scholarship are no longer valid for another reason, unless deviating rules are specified in the guidelines of the respective scholarship programme. (3) The fellow may terminate a scholarship prematurely to the end of a given month. (4) In the case of the structured training programmes (e.g. Research Training Groups or Graduate Schools), the respective applicable rules of procedure or rules supplementary to the scholarship grant governing revocation, withdrawal of the decision or premature termination of the scholarship are valid.

5 (5) The rules of North Rhine-Westphalia s Administrative Procedure Act (Verwaltungsverfahrensgesetz) otherwise apply. 10 Repayment of support If a fellow obtains payments without just cause, the University is entitled to claim repayment. Payments received must be refunded immediately. The University s right to claim repayment is independent of whether funds have already been used or consumed in part or in full. 11 Data protection (1) The fellow declares that he/she consents to the collection, storage and processing of the personal data required for the purpose of the selection procedure as well as the administration of the respective scholarship. These can comprise data regarding the targeted qualification, previous education, study programme, number of semesters, support already received, drawing of any education advancement grant (BAföG), which are strictly necessary to assess the applicant s suitability in the framework of the selection decision within the respective programme. Data which are no longer required are to be deleted. (2) The Data Protection Act (Datenschutzgesetz) of the State of North Rhine- Westphalia otherwise applies. 12 Entry into force and publication (1) These Rules enter into force on the day following their publication in the Official Bulletin of Heinrich Heine University Düsseldorf. They are available on the website of Heinrich Heine University Düsseldorf. (2) The work of already constituted selection committees in current programmes continues in accordance with these Rules. President of Heinrich Heine University Düsseldorf Hans Michael Piper Univ.-Prof. Dr. med. Dr. Phil.