Decree No. 2016-371 25 March 2016

Original Language Title: Décret n° 2016-371 du 25 mars 2016

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Ministry of higher education and research Decree No. 2016-371 25 March 2016 Decree No. 2016-371 25 March 2016 on the Organization and functioning of the Virtual University of Senegal (UVS).

REPORT of PRESENTATION the creation of the Virtual University of Senegal (UVS) by Decree No. 2013-1294 of September 23, 2013 and its implementation in all regions reflect the vision of the public authorities to the Technologies of Information and Communication (ICT) in the heart of the development of higher education and research for a greater democratization of access to higher education and the efficiency of the system.

The realization of this ambition on the one hand requires a clear definition of its status and its mode of administrative, pedagogical and financial governance, and on the other hand the establishment of an adequate and efficient organizational device.

The present draft decree is thus designed to lay down the rules of organisation and operation of the Virtual University of Senegal (UVS). II consists of four (4) chapters devoted to the General provisions (1) the Organization and operation, (II) the financial arrangements (III) and transitional provisions (IV).

Such is the economy of the draft decree.

 

 

The PRESIDENT of the Republic, pursuant to the Constitution, particularly articles 43 and 76;
Having regard to Act No. 81 - 59 of 09 November 1981 concerning the status of the teaching staff of the universities;
Having regard to Act No. 91-22 of 16 February 1991 on the National Education guidelines, as amended;
Mindful of Decree No. 81-1212 09 December 1981 laying down the conditions of appointment, employment, pay and advancement of non-tenured teaching staff of universities, as amended;
Mindful of Decree No. 2000 - 103 February 17, 2000 on the special arrangements applicable to personal administrative, technical and service (PATS) of universities;
PURSUANT to Decree No. 2012 - 1269 November 08, 2012 on financial arrangements of universities;
Having regard to Decree No. 2013 - 1294 23 September 2013 establishing Virtual University of Senegal (UVS);
Having regard to Decree No. 2014 - 06 02 January 2014 on the appointment of the Coordinator of the Virtual University of Senegal (UVS);
Having regard to Decree No. 2014 - 845 06 July 2014 appointing the Prime Minister;
Having regard to Decree No. 2014-853 09 July 2014 on the distribution of the services of the State and control of public institutions, national companies and companies with public participation, between the Presidency of the Republic, the Prime Minister's Office and the ministries, amended by Decree No. 2015-299 06 March 2015.
Having regard to Decree No. 2014-889 of 22 July 2014 on the powers of the Minister of higher education and research;

The report of the Minister of higher education and research, DECREED: first chapter. -Provisions Section one General. -Status Article 1. -The Virtual University of Senegal (UVS) is a public administrative institution with legal personality and financial autonomy.

It is placed under the technical supervision of the Minister of higher education and under the financial supervision of the Minister of economy and finance.

Section II. -Missions art. 2 - the UVS has for mission to develop programs and projects teaching and distance education in the context of the initial training, continuing education and higher vocational training.

The UVS carries out its tasks in cooperation with universities, educational institutions and the natural or legal persons having distance education projects.

The UVS contributes to the development of education and higher education through research and innovation.

The UVS welcomes students and other learners to which it provides lessons adapted to the needs of economic, scientific, cultural, social, national and international environment.

In addition, the UVS contributes to:-the promotion of African and universal values.
-the promotion of the service to the community based on a sustainable culture of values of good citizenship, citizenship and patriotism among learners;
-the preparation of young people to the insertion in the life active;
-the formation of communities of people, professionals or users.

S. 3. - in the course of its mission, the Virtual University of Senegal may, in particular:-acquire or exploit any intellectual property rights;
-develop and distribute products or services related to its activities;
-issue, sus diplomas, certificates, or certificates in accordance with the norms and standards in force.

Chapter II. -Organization and functioning art. 4 - the bodies of the UVS are:-the Board of Directors;
-the Academic Council;
-the Coordinator.

First section. -The Board of Directors art. 5. - the Board of Directors is the deliberative body of the UVS. It ensures respect for the mission of the UVS. It is the strategic, pedagogical and scientific orientations validation instance. It is responsible for the evaluation and control of the administrative and financial management.

As such, it examines and approves:-strategic plan of development and quality assurance policy of the UVS;
-budget estimates, the annual budget, investment, financial statements and the annual report of the UVS plan;

-the organizational chart of the UVS;
-measures for assessing the effectiveness, the efficiency and the performance of the UVS;
-reports of institutional assessment of the national authority for Quality Assurance of higher education (ANAKITES-sup);
-the proposals of donations and legacies for the UVS;
-the creation or suppression of the sectors and structures;
-the recruitment of the staff of the UVS;
-the rules of procedure of the University;
-any question submitted to it by the Minister responsible for higher education.

The Board of Directors receives reports, information and minutes of other organs of the UVS.

S. 6. - the Board of Directors consists of twenty (20) members, as follows:-one (1) representative of the Ministry in charge of higher education;
-one (1) representative of the Ministry for economy and finance;
-one (1) representative of the Ministry responsible for Education;
-one (1) representative of the Department responsible for vocational training;
-one (1) representative of the Department on Telecoms/technologies of Information and Communication (ICT);
-one (1) representative of the Ministry responsible for local communities;
-Coordinator of the UVS;
-three (3) members elected by and from among the professors, lecturers, research managers and masters of research;
-two (2) members elected by and from among the masters assistants, assistants, responsible for research and research assistants;
-five (5) members of the socio-economic environment;
-two (2) representatives of students;
-one (1) representing administrative, technical staff and service.

The representative of the financial control attends the Board of Directors without voting.

It is designated a holder and one alternate for each representation.

The Coordinator provides the secretariat for the Board of Directors.

The President of the governing body may invite any person whose presence is deemed useful to attend the meetings of the Council.

S. 7. - the Board of Directors meets at least twice (2) per year in ordinary session and provided necessary in extraordinary session on convocation of its President.

S. 8 - the Governing Council created in its midst:-one (1) audit committee;
-one (1) Committee of ethics and deontology;
-one (1) Insurance Committee quality;
-one (1) human resources Committee.

The Organization and the functioning of such committees are specified by the rules of the University.

S. 9. - the Chairman and the Vice-Chairman of the Board of Directors are appointed by Decree, among the members of the socio-economic environment, on the proposal of the Minister responsible for higher education.

Other members of the socio-economic environment are appointed by Decree of the Minister responsible for higher education.

Vice President acting President in the event of incapacity.

S. 10. - the members of the Board of Directors other than the Coordinator are appointed for a period of three (3) years renewable once.

The mandate of the representatives of the students is annual.

The mandate of the members of the Board of Directors ceases when they lose quality in respect of which they have been designated.

S. 11. - the members of the Board of directors exercise their functions free of charge. However, their travel and stay expenses are supported under the conditions laid down by order of the Minister responsible for higher education.

 

Section II. -The Council academic art. 12 - the Academic Council is the competent body to deal with academic issues.

As such, its mission, is the monitoring and evaluation of educational, academic, scientific, disciplinary aspects and research within the UVS.

It is loaded particularly:-to approve programs and the content of the lessons.
-to decide for the purposes of recruitment, of the equivalence of degrees, diplomas and certificates;
-to establish the academic calendar;
-to clarify the criteria and mechanisms for self-assessment of training;
-to propose measures to improve the quality of teaching and research, as well as to develop the training continues;

-to ensure respect for the procedures and criteria for self-evaluation of the programmes of training or study of the sectors according to the reference of the ANAKITES-sup;
-to ensure follow-up to the implementation of the recommendations of the evaluations;
-to propose the creation or deletion of channels and structures.

The Academic Council deliberates on the plan of studies and examinations.

He participated in the development of the strategic plan of development and quality assurance of the UVS policy as well as the operations of evaluatlon of the establishment.

S. 13 - the Academic Council is chaired by the Coordinator and in addition the Assistant co-ordinator, includes the following members:-Directors;
-five (5) representatives elected personnel education and research of the UVS, among which three (3) of row 'A' (Professor, Research Director, lecturer and master of research) and two (2) to rank 'B' (Assistant Professor, assistant research fellow and research assistant);
-two (2) representatives of students;
-two (2) competent personalities in higher distance education or research in didactics applied to ICT and are appointed by order of the Minister of higher education;
-two (2) personalities of the socio-economic world.
-one (1) representing administrative, technical staff and service;
-one (1) representative of trade unions of the staff administrative, technical and service;
-one (1) representing trade unions of the staff for teaching and research.

It is designated a holder and one alternate for each representation.

S. 14 - the terms of appointment of the representatives of the staff, students and the socio-economic environment to the Academic Council are fixed by the Coordinator after consultation with the Board of Directors.

S. 15. - the Academic Board members perform their duties free of charge. However, their travel and stay expenses are supported under the conditions laid down by order of the Minister responsible for higher education.

S. 16 - modes of assessment, control of the knowledge of the Organization, as well as the schedule and content of the review sessions are the same as those of universities engaged in face-to-face teaching.

S. 17 - the diplomas awarded by the UVS have the same academic and professional value as those of universities engaged in face-to-face teaching.

S. 18. - education and research of the UVS holders have the same rights and advantages as the staff of universities and institutions equivalent higher education in accordance with the regulations in force.

They are subject to the same obligations in relation to the advancement in career.

A repository of equivalencies time is established by ministerial order in accordance with the statutory provisions applicable to teaching and research personnel.

S. 19 - administrative, technical and service staff have the same rights and advantages as the staff of universities and institutions equivalent higher education in accordance with the regulations in force.

 

Section III. -The Coordinator art. 20. the Coordinator is chosen for its competencies in management professionals or academics. He is appointed by decree for a renewable term of three (3) years, and on the proposal of the Minister responsible for higher education. It provides the direction and management of the UVS.

As such, he is responsible:-to develop the strategic plan of development and quality assurance policy and ensure their implementation;
-to execute the general policy of the UVS in the context of the guidelines defined by the Board of Directors;
-to submit each year a report of activities to the Governing Council;
-Chair the meetings of the Academic Council and ensure the implementation of its deliberations;
-to ensure good administrative and accounting management of all the resources human, material, financial and informational for the UVS;
-to prepare the meetings of the Board of Directors and to ensure execution of the deliberations;
-to prepare and to implement the budget in his capacity as authorising officer of revenue and expenditure;
-to represent the UVS in justice and all acts of civil life;
-to examine the hierarchical power on all staff of the UVS;
-to conclude agreements and contracts in accordance with the laws and regulations in force.

The Coordinator sets up a Management Committee to support it in carrying out its tasks.

The Coordinator has the rank of Rector and enjoys the benefits attached to the office.

S. 21 - in the exercise of its tasks, the Coordinator is assisted by an Assistant co-ordinator appointed by decree for a renewable term of three (3) years and on the proposal of the Minister responsible for higher education.

The Assistant co-ordinator ensures administrative coordination and may benefit from a delegation of signature and power of the Coordinator in the areas within its competence except for the powers delegated by the Board of Directors.

The Assistant co-ordinator has the rank of Vice-President and enjoys the benefits attached to the office.

It acting in the absence of the Coordinator.

S. 22 - the UVS includes the following directions:-the Direction of studies, research and Innovation (DERI);
-Management training and educational engineering (DFIP);
-the management of infrastructure and Information systems (DISI);
-the Direction of development and Cooperation (SDC);
-the Direction of open digital spaces (ENO);
-the Direction of alignment, strategic planning and projects (DAPSP);
-the management of Communication and Marketing (DCM);
-the Direction of administrative and financial affairs (DAAF).

The directors are appointed by Decree on a proposal from the Minister responsible for higher education.

They rank Director of unit training and research or Dean of faculty and are enjoying the benefits attached to the office.

The UVS offers an accounting agency.

Chapter III. -The financial arrangements art. 23 - the financial arrangements of the universities is applicable to the Virtual University of Senegal subject to the derogations provided for on a transitional basis, by this Decree.

S. 24 - the resources of the UVS come:-grants and funds competition awarded by the State and local communities;
-rights, royalties and products of any nature resulting from its activities;
-payments in respect of the participation of employers in the financing of vocational training continues;
-products of agreements or contracts, including work or studies;
-revenues of movable and immovable property of the establishment;
-from the proceeds of disposals;
-private contributions, donations and bequests;
-loans;
-in a general manner, of all the revenue authorized by the laws and regulations.

The resources of the UVS are used wholly and exclusively for its missions.

S. 25 - the UVS expenditures consist of costs of staff, operation and equipment and, in General, by all expenses necessary in the activities of the UVS.

S. 26 - the accounting and financial operations of the UVS are carried out by an accountant appointed by order of the Minister responsible for the economy and finance on the proposal of the Director general of Ia public accounting and Treasury. It is placed under the authority of the co-ordinator.

The accounting of the UVS is held according to the rules and principles of public accounting. Used GAAP is the chart of accounts SYSCOA (System accountant West African).

Chapter IV. -Provisions transitional art. 27. - the Board of Directors and the Academic Council are installed within a maximum period of one (1) year following the publication of this Decree.

Pending, the budget may be subject, if necessary, an order by the technical supervisory authority subject to the approval of the Minister of economy and finance.

S. 28. - the Minister of economy, finance and the Plan and the Minister of higher education and research are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the Republic of Senegal.

Made in Dakar, March 25, 2016 Macky SALL by the President of the Republic: Prime Minister Mahammed Boun Abdallah DIONNE