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Act No. 2015-02 Of 06 January 2015

Original Language Title: Loi n° 2015-02 du 06 janvier 2015

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LAW

Law n ° 2015-02 of January 06, 2015
Act No. 2015-02 of January 06, 2015 on the Public Universities of Senegal


The National Assembly adopted, at its sitting on Friday, 26 December 2014,
The President of the Republic enacts the following legislation:

TITLE I. - STATUS, MISSIONS AND ORGANISATIONAL PRINCIPLES

Chapter I. -Status of Universities

Article 1. -The universities of Senegal are public higher education institutions with legal personality and financial autonomy. They are placed under the supervision of the Ministry of Higher Education.

Chapter 2. -Missions of Universities

Art. 2. -For example, the Universities' missions are:

-to train senior managers in Senegal and other countries. As such, they are responsible for initial training and continuing education, as well as for preparing young students for inclusion in working life;
-to contribute to scientific research at national and international level for the economic and social development of the country;
-to promote scientific and technological research for the control of science, technology and know-how;
-to foster community service;
-to develop African cultural values;
-to promote international cooperation with foreign universities.

Article 3. -The universities of Senegal are open to all students justifying qualifications without distinction of nationality, race, sex, or religion, within the limits of available places and following legislative and regulatory procedures In force.

Art. 4. The freedoms and security necessary for the purpose of training and research shall be guaranteed, in accordance with the Law on University Franchises and Freedoms, the members of teaching and/or research staff, and Students.

Art. 5. -Universities grant, according to the regulations in force, the degrees and diplomas awarded for the higher education and training they provide themselves and/or in partnership with other national or foreign institutions.

Chapter 3. -Principles of the organisation of universities

Article 6. -The administration of the university consists of three (03) organs:

-a board of directors;
-Academic advice;
-a rector.

Universities are organized in faculties, training and research units, schools and institutes.

Faculties, training and research units, schools and institutes are created by decree according to the needs and internal and external capacities of each university.

First Section. -The Board of Directors

Art. 7. -The Board of Directors is the deliberative organ of the university. It ensures that the university's mission is respected. It is the validation body for its strategic, educational and scientific orientations. It is responsible for the evaluation and monitoring of administrative and financial management.

As such, it reviews and adopts:

-the university's strategic development plan;
-the budget estimates, the annual budget, the investment plan, the financial statements and the university's annual report;
-the university's governance rules;
-the university organization chart;
-the Code of Ethics and Ethics applicable to university staff;
-proposals for the appointment of Vice-Presidents, Deans of Faculties, Directors of Training and Research Unit, Schools and Institutes;
-the creation or deletion of clusters and structures;

-measures to assess the effectiveness, efficiency and performance of universities;
-the acceptance and use of donations and bequests to the university;
-contentious cases involving the university;
-the recruitment of university staff;
-the rules of procedure of the university;
-any matter referred to it by the Minister responsible for Higher Education or the Rector.

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

Article 8. -The Board of Directors of Universities shall be composed of twenty (20) members as follows:

-the President of the University;
-three (3) members elected by and among professors, research directors, conference masters and research masters;
-two (2) members elected by and among assistant lecturers, research officers and assistants;
-two (2) members elected by and among students;
-two (2) members elected by and among administrative, technical and service staff;
-ten (10) members from the socio-economic background.

Art. 9. -The President and Vice-Chair of the Board of Directors shall be appointed by decree on the proposal of the Minister responsible for Higher Education.

The Vice-Chairperson is acting as the Acting Chairperson of the Board in the event of an impediment.
The Secretary-General of the University shall provide the secretariat of the meetings of the Board of Directors, without a vote.

Members of the socio-economic background shall be appointed by order of the Minister responsible for Higher Education.

Art. 10. -The members of the university's board of directors have an obligation to take decisions in the interest of the institution and in accordance with ethical and ethical rules.

Art. 11. -Members of the Board of Directors, other than the Rector and the students, shall be appointed for a term of three (03) years, renewable once.
The mandate of the students is one (01) year renewable once.

Art. 12. -The Administrative Board shall meet at least two (02) times per year in ordinary session and as much as necessary in extraordinary session, upon convocation by its President.

Art. 13. -The Board of Directors shall establish, in relation to the Rector, the objectives to be attained and shall determine the modalities for evaluating the performance of the university.

In this regard, it decides on the efficiency and effectiveness of the management of the human, material and financial resources available to the university. To this end, it establishes the following:

-an audit committee;
-a Human Resources Committee;
-a committee of ethics and ethics.

The organisation and operation of such committees shall be specified by the rules of procedure of the university.

Section 2. -Academic Council

Art. 14. -The Academic Council is the deliberation body for all academic matters.

As such, it has for missions the monitoring and evaluation of scientific, academic, pedagogical, disciplinary and research aspects.

It is responsible, in particular:

-approve the programs and content of the
Lessons learned;
-to decide for the purposes of recruitment, the equivalence of degrees, diplomas and certificates;
-to propose measures and lists of aptitude for the promotion of teaching-researchers;
-establish the academic calendar;
-specify criteria and mechanisms for self-assessment of training and research units, faculties, schools and institutes;
-to propose measures to improve the quality of teaching and research and to develop further training;
-propose the creation or deletion of clusters and structures.

The Academic Council shall deliberate on the system of studies and examinations. It is involved in the development of the university's strategic development plan, as well as in the assessment operations of the institution.

The arrangements for the organisation and operation of the Academic Council of Universities shall be laid down by decree.

Art. 15. -the Academic Council is chaired by the Rector and includes the following members:

-the representative of the Minister responsible for Higher Education;
-the representative of the Minister responsible for the Public Service;
-the Secretary General of the University;
-Deans of faculties, directors of training and research units, schools and institutes;
-five (05) members elected by and among professors, research directors, lecturers and research masters;
-three (03) members elected by and among assistant lecturers, research officers and assistants;
-two (02) university students' representatives;
-one (01) director of the centre of academic works;
-one (01) representative of the teachers' trade unions;
-one (01) representative of the administrative, technical and service personnel unions.

Section 3. -The Rector

Art. 16. -Each university is headed by a rector chosen from among the professors holding the universities of Senegalese nationality.

He shall be appointed by decree on the proposal of the Minister for Higher Education for a term of four (04) years, renewable once. However, his duties may be terminated for serious misconduct.

Art. 17. -the Rector ensures the direction of the university. As such, it is responsible for:

-prepare the meetings of the board of directors and ensure the execution of its deliberations;
-submit an annual report of activities to the Board of Directors;
-to chair the meetings of the Academic Board and to ensure that its deliberations are carried out;
-develop the strategic development plan and ensure its implementation once approved by the Board of Directors;
-to ensure the proper administrative and accounting management of all human, material, financial and information resources of the university;
-establish a management committee in accordance with the terms and conditions laid down by decree;

-to exercise hierarchical authority over all university staff;
-to refer the matter to the Administrative Board for the necessary provisional measures in the event of a well-known malfunction;
-to represent the university in court and in the acts of civil life.
It is entitled, as far as the property of the university is concerned, to act as an interim measure and to act conservatively.
He is the main authorising officer of the university's budget.
It establishes a quality management system and is responsible for implementing the decisions of the quality assurance authorities.
He is responsible for maintaining law and order in the university.

Art. 18. -in the performance of his or her duties, the Rector shall be assisted by Vice-Presidents. They shall be appointed by decree, on the proposal of the Rector, for a term not exceeding that of the President.

The number of Vice-Presidents may not exceed three (03) per university.
The Rector may delegate some of his powers to Vice-Presidents. In the event of absence, the acting appointment shall be carried out by one of the Vice-Presidents.

Art. 19. -the Secretary-General, under the authority of the Rector, coordinates the activities of the Administrative Services. It is also:

-responsible for archives and legal affairs;
-keeper of the seals of the university.

The Secretary-General shall be appointed by decree, among the officers of the hierarchy " A " Or assimilated. It ensures the preparation and preservation of the official acts and regulations of the university and attests to its authenticity.

He attends meetings of the Board of Trustees of the University, of the Academic Council, without a vote and in minutes.

The Secretary-General shall ensure that contracts between the university and third parties are signed and followed up. It manages the internal and external communications of the university.

TITLE II. -THE FINANCIAL SYSTEM

20. -the financial regime applicable to universities is fixed by decree.

TITLE III. -FINAL PROVISIONS

Article 21. -the functioning and organisation of the Virtual University of Senegal and the Higher Institutes of Vocational Education are not governed by the
Present law.

Art. 22. -All provisions contrary to this Act shall be repealed.

This Law shall be enforced as the law of the State.

Done at Dakar, January 6, 2015

Macky SALL
By the President of the Republic:

The Prime Minister,
Mahammed Boun Abdallah DIONNE