CONSORTIAL AGREEMENT FOR A JOINT ENGINEERING PROGRAM BETWEEN ROCKHURST UNIVERSITY AND THE UNIVERSITY OF MISSOURI-KANSAS CITY WHEREAS, Rockhurst University ("RU") and the University of Missouri-Kansas City ("UMKC") propose to enter into a joint agreement to offer academic programs leading to baccalaureate degrees in civil, electrical or mechanical engineering, computer science or information technology such that the degree programs can be fulfilled on a full or part-time basis; WHEREAS, program administration, engineering faculty, laboratories, classrooms, computing services, libraries, student advising and counseling, and other services as specified in the agreement shall be furnished by UMKC. RU shall compensate UMKC for its undertakings as set forth in the Terms of Payment, hereunder; WHEREAS, the degree programs are designed to serve RU's needs for engineering and computing-related areas of study; WHEREAS, RU has limited engineering and computing resources (engineering and computing faculty, laboratories and curriculum), and UMKC's School of Computing and Engineering has marginally excess resources, a partnership between RU and UMKC will benefit each institution while expanding Kansas City's, as well as the state's and region's, engineering and computing student populations; WHEREAS, RU shall conduct the general education and pre-engineering course work under its faculty, and UMKC will conduct the majority of engineering course work, including engineering laboratories, under its faculty; WHEREAS, this proposed program fulfills several aspects of UMKC's declared mission, particularly in relation to promoting economic development in Missouri and helping Missouri's citizens realize their occupational or career aspirations; WHEREAS, the STEM workforce needs and economic gains within Missouri are challenges which can be addressed by this collaborative program, this collaboration provides a new market of students for RU and for UMKC which will help each un iversity's economic needs through increased student enrollments while increasing Kansas City's and Missouri 's STEM workforce. This collaboration wi ll allow the sharing of resources of each institution for the greater good; this collaboration adds to both RU and UMKC through increased student enrollments without significant expansion of either university's resources while providing an education that is attuned to the increasingly technological environment of today's society; Rockhurst/UMKC Joint Engineering Program April 20 12
WHEREAS, as part of the agreement to be entered into by RU and UMKC: program administration, faculty members, laboratories, classrooms, libraries, student advising and counseling, and other administrative services specified in the agreement shall be furnished by UMKC; and RU shall compensate UMKC for its undertakings in this joint program according to a negotiated rate per student credit hour for the courses conducted by UMKC and taken by RU students; WHEREAS, degrees awarded under this joint undertaking will be issued by RU; NOW, THEREFORE, THE PARTIES ENTER INTO THE AGREEMENT SET FORTH HEREUNDER AS FOLLOWS: This Agreement entered into this 19th day of April 2012 by and between THE CURATORS OF THE UNIVERSITY OF MISSOURI, a public corporation of the State of Missouri on behalf of the University of Missouri-Kansas City, hereinafter called "UMKC" and Rockhurst University, a charitable and educational institution organized under the laws of the State of Missouri, hereinafter called "RU." Now, in consideration of the premises hereinafter stated, the parties hereby agree as follows: 1. The parties agree to jointly establish degree programs of study leading to a Bachelor of Science in Civil Engineering, a Bachelor of Science in Electrical Engineering, or a Bachelor of Science in Mechanical Engineering. Each party agrees to provide instruction services to students enrolled in these degree programs, which will be designed to satisfy the educational requirements leading to professional licensure in the State of Missouri as a registered professional engmeer. 2. The parties agree to jointly establish degree programs of study leading to either a Bachelor of Science in Computer Science or a Bachelor of Science in Information Technology. 3. The parties further agree to negotiate course times, dates and locations, within reason, which will make attendance in the program courses optimal for RU and UMKC students. NOTIFICATION TO ACCREDITORS This Agreement is made, entered into, and executed by the parties pursuant to Policy 3.2(a) ll of the Higher Learning Commission of the North Central Association of Colleges and Schools ("Higher Learning Commission") and is subject to the notification requirements established by the Higher Learning Commission. Rockhurst/UMKC Joint Engineering Program April 2012 2
GENERAL CONDITIONS I. Any change in this Agreement, including the Scope of Work and the curriculum described herein, whether by modification or supplementation, must be accompanied by a formal amendment to this Agreement, approved and signed by and between the duly authorized representatives of the parties hereto. Any such amendment shall specify an effective date, any change in the Terms of Payment, if applicable, and be entitled as an "Amendment." 2. Each party agrees not to assign any interest in this Agreement and shall not transfer any interest in the Agreement without prior written consent of the other party. 3. No official or employee of UMKC or its governing body or any public official of the State of Missouri who exercises any functions in the review or approval of the execution of the Scope of Work in this Agreement shall voluntarily acquire any personal interest in this Agreement. 4. RU agrees that it presently has no interest and shall not acquire any interest which would conflict with its performance under this Agreement. 5. RU represents itself to be an independent party offering services to the general public, subject to its academic standards and usual conduct of its affairs, and shall not represent itself to be an employee of the State of Missouri; therefore, each university's, RU and UMKC, liability shall be limited to its legal obligation to pay for wages, payroll taxes, applicable employee benefits, taxes, and like items for its own employees which may accrue under its execution of the Scope of Work, herein. 6. This Agreement shall be construed according to the laws of the State of Missouri. 7. No provision in this Agreement shall be construed as a waiver by either party of any existing or future right or remedy available by law in the event of any future claim of default or breach of contract by the other pmty. 8. Within 30 days after the execution of this Agreement, the parties shall submit a written identification and notification of the name, title, address, and telephone number of one individual within each of the respective universities to whom all correspondence, written notices, and requests relating to this Agreement shall be addressed. Each party retains the right to change the individuals described above, as deemed necessary provided the other party has been notified in writing. 9. Any written notice by one party to the other shall be deemed sufficient when deposited in the United States mail, postage prepaid, and addressed to the person identified in paragraph 8, immediately above, or to the person occupying the position and address set forth on the signature page of this Agreement. Rockhurst/UMKC Joint l:nginecring Program April 2012 3
I 0. II. RU and UMKC will not discriminate against any person involved in the execution of this Agreement or any student in accordance with the policies of each institution. Each party to this Agreement sha ll be solely responsible for any and all actions, suits, damages, liability, or other proceedings brought against it as a result of the alleged negligence, misconduct, error, or omission of any of its officers, agents, or employees. Each party certifies that it has sufficient insurance or collateral to support this potential liability obligation. Nothing in this Agreement shall be construed to be a waiver of sovereign immunity. SPECIAL CONDITIONS 1. RU and UMKC shall provide to each other staffing and lines of authority for key personnel engaged in executing this Agreement. 2. UMKC and RU mutually agree to the set of courses for each degree set fmth in Appendix A of this Agreement. The engineering curricula requirements are organized to serve a double purpose: a. to provide engineering education within the university context which satisfies the requirements of the Engineering Accreditation Commission of ABET, Inc. ("EAC of ABET"); and b. to provide preparation fo r professional practice as a registered professional engineer in the State of Missouri. The computer science and information technology curricula are also accreditable programs but will not initially be pursued for accreditation through ABET for this joint program. Revisions to this schedule of courses may be made from time to time by mutual agreement to satisfy the educational requirements or to improve the curricula. 3. The total credits for graduation from the degree programs specified herein are determined by adding the total general education and pre-engineering credits awarded by RU and the credits awarded by UMKC in the civi l engineering, electrical engineering, mechanical engineering, computer science or information technology programs, depending on the degree sought. 4. The comprehensive required courses and a suggested sequence of all course requirements shall be negotiated and be made avai lable to students. Each university shall be responsible for preparation of the required courses and the suggested sequence of such courses that are offered by each school. Rockhurst!UMKC Joint Engineering Program April 20 12 4
5. The degrees that may be awarded under this program are a Bachelor of Science in Civil Engineering, a Bachelor of Science in Electrical Engineering, a Bachelor of Science in Mechanical Engi neering, a Bachelor of Science in Computer Science and a Bachelor of Science in Information Technology. The degree requirements shall be jointl y determined by UMKC and RU. Graduates will be invited to pmticipate in formal graduation ceremonies at RU, where they will be presented (represented) by UMKC's Dean of the School of Computing and Engineering or an appointed delegate. 6. UMKC and RU shall jointly set admission standards for the programs of study that are the subject of this Agreement. For transfer students, the level of admission shall be determined by the set of courses eligible for application in these degree programs and appropriate performance in such courses. The original admission is the only standard of admission required for continuation in these degree programs, provided all other provisions of both UMKC and RU have been met and the student is in good standing, academically (RU and UMKC) and financially (RU). The admission standards, which are jointly set, shall ensure that RU students are not held at a higher, or lower, standard for admission than students from UMKC. Both RU and UMKC shall maintain and share information regarding each student's progress in the program as needed and in accordance with FERPA requirements, and each university shall, upon request, provide to a student in good standing who has followed the proper procedures a complete transcript of the student's academic record, which includes courses from both institutions. 7. All students enrolled in th is joint program shall be advised by advisors at both RU and UMKC. A process by which these students will be registered for courses on both campuses will be produced cooperatively by the registrars of each university. RU and UMKC will share information regarding RU students enrolled in UMKC courses including their intended courses shmtly after their advising period. RU shall collect all tuition and fees from students in this program who are enrolling in courses through this Agreement. The administration of procedures governing adding, dropping, or changing sections of courses or withdrawing from registration shall be performed by the uni versity where the student is registered, but with clear transmittal of this info rmation to the alternate institution. Students enrolled in the program shall sign a waiver permitting academic information; including but not limited to the student's standardized test scores, transcript and course schedule; to be shared by RU officials with UMKC, and shared by UMKC officials with RU. All applications for refund of tuition by a student shall be made to RU. UMKC and RU shall mutually agree upon other administrative procedures and documentation to execute all admission, registration, certification of progress toward successful completion of the prescribed curriculum, and award or withholding of degrees. Rockhurst/UMKC Joint Engineering Program Apri I 20 12 5
8. Each university, UMKC and RU, shall assume the responsibility for planning and conducting course offerings to meet the applicable objectives of the professional degree programs. RU agrees to pay the fees for ABET accreditation site visits, documentation preparation, and yearly maintenance. The courses conducted by either RU or UMKC shall be designed to meet ABET's EAC requirements for each accredited program. Each university shall be solely responsible for its courses and the needed data collection for the accreditation visits and reports. 9. The universities shall, as a team, select all textbooks and instructional materials required for the designated pre-engineering courses under this Agreement that are conducted at RU. Course materials shall be made available for purchase by students at the university that has responsibility for instruction of each respective course. I 0. Schedules of times, days and dates for courses offered each academic term shall be published and made available in a timeframe to faci litate the registration process. 11. UMKC and RU shall each provide qualified faculty members to conduct the courses in these joint degree programs. Both UMKC and RU shall jointly cooperate to meet the academic requirements and objectives of th is Agreement. UMKC and RU may offer joint (courtesy) appointments to members of the faculty who teach in the cooperative programs under this Agreement; the RU and UMKC faculty members shall remain sole employees of their respective universities. 12. In the event grievance proceedings should arise, the administration of procedures shall be conducted by the university at which the actions giving rise to the grievance originated. 13. The pa11ies agree that each university's policies and procedures applicable to students shall be in full force and effect for the joint degree students. Students will be notified during enrollment that they will be subject to the policies and procedures of both universities during their tenure. The administration of the policies and procedures shall be conducted by the university at which the action originated. 14. RU and UMKC may jointly engage the services of an individual qualified to serve as a consultant on the requirements of the EAC of ABET in the development of degree programs which assure ABET accreditation as soon as practicable. The cost of this consultant wi ll be shared equally between RU and UMKC. 15. RU reserves the right to negotiate annual limits on admission to the programs that are part of this Agreement to limit total expenses for RU for these programs. For purposes of this Agreement, total expenses shall be deemed to be RU payments to Rockhurst/UMKC Joint Engineering Program Apri l 201 2 6
UMKC plus any additional, negotiated UMKC expenditures for its portion of the programs. 16. UMKC reserves the right to negotiate annual limits on admission to the programs that are part of this Agreement. Upon expansion of the program, UMKC may set annual limits on admission to the programs based on UMKC resources (faculty, laboratory equipment, classroom sizes, etc.). Alternatively, RU and UMKC may negotiate separate or shared expenses for resources to accommodate the growth. Separate agreements or amendments will be generated for these special cases. 17. The parties agree that UMKC shall perform no recruitment or admissions activities or make any decisions regarding awarding of student financial assistance with respect to students enrolled at RU. 18. The parties will comply with all applicable federal, state, and local laws, rules, and regulations respecting the confidentiality of Student Information, including but not limited to the Family Education Rights and Privacy Act ("FERPA"). SCOPE OF WORK UMKC and RU hereby establish a joint program of study which, upon completion, will lead to the award of a Bachelor of Science in Civil Engineering, a Bachelor of Science in Electrical Engineering, a Bachelor of Science in Mechanical Engineering, a Bachelor of Science in Computer Science or a Bachelor of Science in Information Teclmology. The division of instructional activities for each degree between RU and UMKC shall be that set forth in Appendix A, herein. In fulfillment of this Agreement, and in addition to the understandings and joint undertakings in this Agreement, UMKC agrees to provide the following: l. Appoint an administrator of this joint program who shall be responsible for coordinating the activities of this program with UMKC and RU, sha ll be a Dean, Assoc. Dean or Director appointed by UMKC's Dean of the School of Computing and Engineering, and sha ll hold a similar rank at RU without compensation or on a tenure track position. The designee should be appointed as a member of the appropriate RU academic council(s) with the same rights and obligations as other members of their academic council. 2. Appoint two regular faculty members to be the program directors, one for civil and mechanical engineering and one for electrical engineering, computer science and information technology. 3. Provide administrative and academic services, including student counseling, registration for courses conducted at UMKC, maintain student records, and other support services required for conduct of this joint program. RockhursliUMKC Joint Engineering Program April 2012 7
4. Provide the necessary engineering and computing laboratory facilities, instructors, laboratory technicians, and maintain the laboratories in proper condition for use in instruction. 5. Provide and administer engineering computer software and labs applicable to courses in the joint program, which shall be available to RU students registered in this joint program. The use of the computer facilities is restricted to UMKC course work. RU may provide suppotting computational facilities and software on its campus for use by the joint program students. 6. The placement services of the UMKC School of Computing and Engineering, as well as those of RU, shall be available to students and graduates of this joint program. 7. UMKC and RU will jointly prepare course schedules, course descriptions, and a preferred sequence in which the courses should be taken, and make this information available to the students in advance of registration to facilitate the registration process. The courses in this joint program shall be scheduled at times and dates to ensure that students can progress through the curriculum in a four year timeframe which may include the necessity for select summer courses. UMKC shall provide classrooms for the courses that it conducts, except as may be negotiated to be provided by RU. 8. The established libraries at UMKC will be available to students in this program who are enrolled in courses at UMKC, and these students will have borrowing privileges from the Miller Nichols Library. It is expected that RU will provide library access to students enrolled in courses conducted by RU. 9. Academic counseling and advising shall be available from UMKC to students in the joint engineering programs; these services shall be provided by qualified advisors and arrangements shall be made for advising for the RU joint engineering students. 10. The term of this Agreement shall be a rolling period of five years from the date of execution of this Agreement; provided, however, that at least thi1ty days before the end of each year of the term of this Agreement, the parties shall meet and confer for the purpose of determining whether the Agreement shall be extended for an additional one year or whether the Agreement shall be terminated at the end of the then current term, four years from that date. Any agreement of the parties to extend or terminate the Agreement shall be in writing. In the event this Agreement is terminated, the pa1ties agree to enter into a "Teach-Out" Agreement to ensure that all current students enrolled in the joint degree program have the opportunity to complete the program. Ruckhurst/UMKC Joint Engineering Program April 2012 8
TERMS OF PAYMENT The sole obligation of UMKC shall be to perform its duties and obligations set forth in thi s Agreement, and RU agrees to pay annually to UMKC the payment as defined herein. 1. Using the total number of student credit hours generated by RU students, as determined on the dates set below, RU will be invoiced for an amount based on a negotiated flat rate times the number of student credit hours. This rate wi ll be set by December 3 I of the preceding year through negotiations by the program directors from each university. The total number of RU-generated student credit hours will be determined as of the end of the 4 111 week of classes on the UMKC campus. 2. The calculation and invoice preparation for payment shall be made on the last day of September, January, and August of each calendar year. 3. Payments to UMKC shall be made by RU in accordance with the following schedule: October 15 For Fall enrolled students February 15 For Spring enrolled students September 15 For Summer enrolled students 4. RU agrees to compensate UMKC for UMKC's preparation of documentation leading to ABET accreditation; at the time such accreditation is sought, at a fee not to exceed $10,000.00. NOW, THEREFORE, IN CON SID ERA TION OF THE PREMISES HEREfN ABOVE STATED, THE PARTIES HEREBY ACCEPT THE AGREEMENT. Rockhurst University Rev. Thomas B. Curran, President Rockhurst University The Curators ofthe University of Missouri, on behalf of the University of Missouri System ~~ University of Missouri- Kansas City Interim Vice President for Academic Affairs Rockhurst University Gail Hackett~ Ph.D. Provost & Executive Vice President for Academic Affairs University of M issouri- Kansas City Rockhurst/ UM KC Joint Engineering Program i\pri I 20 12 9
Timothy L., Donald, Ph.D. Dean, Colle of Arts & Sciences Rockhurst University, Ph.D., F. ASCE Dean, S Computing & Engineering University of Missouri- Kansas City Rockhurst/ UMKC Joint Engineering Program April 201 2 10