Act relating to universities and university colleges

This is an excerpt from the act 1 April 2005 relating to universities and university colleges. 

Introduction

This English translation is for information purposes only. For all legal purposes, the original document in Norwegian is the authoritative version. This document relates to the Norwegian grading system and structure of education.

Chapter 3. Academic Provisions – Accreditation

Section 3-4. General recognition

On application by individuals, NOKUT shall decide whether education awarded by foreign higher education institutions or Norwegian institutions not subject to this Act shall be granted general recognition, so that the education is recognized as equivalent to Norwegian higher education in level and scope. [...]

Section 3-5. Recognition and academic recognition

(1) Universities and university colleges that offer accredited studies pursuant to this Act shall recognize courses, subjects, examinations or tests from other universities and university colleges that offer accredited studies that have been passed with the same number of credits to the extent that they meet the academic requirements of a specific exam, degree or education at the institution. The institution in question must ensure that double credits are not granted for the same academic content.

(2) Universities and university colleges that offer accredited studies pursuant to this Act may grant exemptions for part of the education based on other suitable examination or test. Documentation of prior learning and work experience can also provide a foundation for an exemption. The Ministry may order the institutions to coordinate their practices.

(3) Universities and university colleges that are accredited pursuant to this Act shall make the decisions regarding applications from individuals for recognition of other higher education as academically equivalent to education provided at each institution. Recognition pursuant to this provision gives the right to use the title established for the education with which equivalence is granted.

(4) In special cases, recognition pursuant to the third paragraph may be granted in full or in part on the basis of knowledge documented in other ways than by examination. Applicants may be required to take a test to check the documented knowledge or to take a supplementary test.

(5) NOKUT is responsible for communicating information about the institutions' decision to recognize higher education pursuant to the third paragraph, and must facilitate coordinated national practices. The Ministry may issue regulations concerning NOKUT's responsibilities and authority.

(6) For assessment of a foreign doctorate in other cases than in relation to application for an advertised post at the institution, the Board of the institution may stipulate that the applicant shall pay a fee to cover the institution's expenses associated with the assessment.

(7) The Ministry may issue regulations concerning administrative procedure and right of appeal pursuant to this provision.

Section 3-6. Requirements for admission to higher education

(1) The general basis for admission as a student (Higher Education Entrance Qualification) is successful completion of Norwegian upper secondary school, following the requirements regarding subject combinations and hours of study stipulated by the Ministry. The Ministry may stipulate that also other suitable education or combinations of education and work experience shall constitute a general basis for admission. The institution shall consider whether applicants hold qualifications equivalent to the stipulated entrance requirements.

(2) The institutions may grant applicants who are aged 25 or older during the admission year admission to specific courses of study if they, on the basis of their prior learning and work experience, have the necessary qualifications for the studies in question. The Ministry may issue further provisions concerning documentation, administrative procedure and any coordination.

(3) The Ministry may in regulations stipulate that institutions in special cases may make exceptions from the provision concerning a Higher Education Entrance Qualification for applicants under the age of 25.

(4) The Ministry may in regulations exempt particular studies or courses from the requirement of a Higher Education Entrance Qualification.

(5) The Ministry may in regulations impose special admission requirements when this is required for completion of the studies.

(6) Any person admitted as a student to an institution under the Act has access to open studies at the others, provided that the admission requirement is a Higher Education Entrance Qualification, and the applicant was not admitted pursuant to paragraphs two, three or four.

(7) The Board may stipulate minimum academic requirements for admission to second degree studies.

Section 3-7. Student admission

(1) The Ministry may issue regulations concerning national coordination of admissions.

(2) The Ministry may issue regulations concerning appeals processing and ranking of applicants pursuant to this provision.

(3) There shall be separate admission to higher degree studies.

(4) The Ministry may impose regulated admission when found necessary following an overall assessment of the education in the country.

(5) When necessary for capacity or resource reasons, the Board may regulate admission to each study programme or parts of it within the frames and objectives set by the Ministry.

(6) The use of false diplomas or other false documents is prohibited. The same applies to documents issued by false institutions. The Ministry may issue regulations that provide supplementary provisions on what is considered false diplomas, false documents, and documents issued by false institutions, pursuant to this provision.

(7) If an institution pursuant to this Act, NOKUT or the Norwegian Universities and Colleges Admission Service learn that an applicant has submitted false diplomas or other false documents, or documents issued by false institutions, they must file a complaint with the police.

(8) Any person who has applied for admission or recognition pursuant to sections 3-4 and 3-5 with the use of false diplomas or other false documents or documents issued by false institutions will have the aforementioned documents confiscated, and will not be granted admission or have education recognized for up to one year. The decision to confiscate and decision regarding period of quarantine pursuant to this provision shall be made by the Board or the institution's appeals committee, with a two-thirds majority. The appeals body is the Ministry or special appeals body appointed by the Ministry, pursuant to section 5-1, seventh paragraph.

(9) If an institution has recruited foreign students by means of external placement services, the institution will be responsible for

  1. ensuring that the students have received satisfactory information concerning the studies to which the person has been admitted, including the structure of the studies, the nominal length of study, and the academic prerequisites.
  2. ensuring that the student has received satisfactory information concerning the educational institution, including information about the institution's various offerings to students.
  3. being informed about the manner in which the student was recruited and on what conditions the service was provided to the student.

Section 3-8. Teaching

(1) The academic year normally lasts 10 months. The Board sets the teaching terms. A full academic year is equivalent to 60 credits.

(2) Lectures are generally public. If the nature of the lectures so indicates or if fees are prescribed for the subject or study programme in question, the Board may nevertheless decide that certain lectures shall only be open to the institution's students or certain groups of student.

Section 3-9. Examinations and grading

(1) Universities and university colleges shall ensure that examinees' knowledge and skills are tested and assessed in a manner that is impartial and academically sound. The assessment shall also safeguard the academic standards of the study programme in question. An external evaluation shall be made of the assessment or assessment arrangements.

(2) The Board shall appoint examiners for examinations, tests, assessment of assignments or other assessments when the results are entered on the diploma or included in the grade for the study programme in question. There must be at least two examiners, of whom at least one is external, when assessing the examinee's independent work on a higher level.

(3) The oral part of examinations and tests shall be public unless regard for the examination or test arrangements indicates otherwise. The Board may make exceptions to the rule concerning public examinations in particular cases at the request of the examination candidate concerned when particularly weighty reasons so indicate.

(4) Grades shall be made known within three weeks unless special reasons require the use of more time. The Board may make exceptions in respect of specific examinations and may in temporary regulations pursuant to the seventh paragraph set a longer deadline when it is not possible to provide the required number of qualified examiners to complete the grading within three weeks. The Board may in regulations pursuant to the seventh paragraph set a longer deadline for dissertations and similar large written works.

(5) Reassessment pursuant to sections 5-2 and 5-3 shall be carried out by at least two new examiners, of whom at least one shall be external. Grades may be changed in the appellant's favour and disfavour. If the final grade is set on the basis of both a written and an oral examination and an appeal against a grade for the written part of the examination is upheld, a new oral examination shall be held to determine the final grade.

(6) The grade awarded following an examination, test, assessment of an assignment or other assessment shall be pass/fail or be based on a graded scale of five steps from A to E to indicate a pass and F to indicate a fail.

(7) The Board issues regulations governing the taking and organization of examinations and tests, including the conditions for resitting an examination or test and for permission to retake a period of supervised professional training, and provisions concerning registration and the conditions for registration for examinations. In the case of educations for which National Curriculum Regulations have been established pursuant to section 3-2, second paragraph, the regulations must be based on any general provisions concerning examinations and assessment in the National Curriculum Regulations. The Board may delegate the issue of supplementary rules concerning special circumstances relating to particular examinations to a department or unit.

Section 3-10. The right to take an examination

(1) Anyone who satisfies the admission requirements, see section 3-6, and other requirements for taking an examination for a given subject or study programme is entitled to take an examination. This also applies to students who have not been admitted to the subject or study programme.

(2) Permission to register for an examination pursuant to this section may be refused if the candidate has not attended compulsory teaching or completed compulsory supervised professional training.

(3) The Board issues regulations concerning the right to take examinations, and may set a separate registration deadline for candidates who take an examination without having been admitted as a student.

(4) The Board may decide that examination candidates who have not been admitted as students on the study programme concerned shall pay a fee to cover the extra expenses incurred by the institution in holding examinations for this group of candidates or any fees prescribed for the study programme or the subject. The Ministry may issue regulations concerning fees pursuant to this provision.

Section 3-11. Diplomas

(1) The institution shall issue a diploma for a completed education. A Diploma Supplement shall be issued at the same time. NOKUT may issue guidelines for the content of the Diploma Supplement.

(2) A person who has not completed an education shall on request be provided with transcripts of the examinations or tests passed.

(3) In the case of candidates who take examinations pursuant to section 3-10, first paragraph, second sentence, it shall be indicated on the diploma or transcript if the candidate’s knowledge and skills have been assessed in a different way than for students admitted to the study programme.

(4) The diploma must indicate if the education has been provided in collaboration with other institutions – see section 3-2, first paragraph.

(5) The institution shall grant authorization to health personnel in connection with issuing diplomas, in so far as this is provided in regulations issued pursuant to the Act No. 64 of 2 July 1999 relating to Health Personnel, etc.

Chapter 4. The Student's Rights and Obligations

Section 4-1. Student bodies

(1) Students attending universities and university colleges may establish a student body to safeguard the interests of students and present their views to the Board of the institution. Students at individual departments or units may similarly establish student bodies there.

(2) Elections to bodies as mentioned in the first paragraph shall be by ballot among the students, unless unanimously decided otherwise by a general meeting. A decision to adopt a voting system other than ballot shall only apply to the immediately subsequent election.

(3) Institutions shall provide conditions in which student bodies are able to perform their functions in a satisfactory manner. The extent of the arrangements shall be specified in an agreement between the institution and the highest student body.

(4) Student bodies shall be heard on all matters concerning students at the level in question.

Section 4-2. Individual education plan

An individual education plan shall be drawn up between the institution and students admitted to courses of 60 credits or more. The individual education plan shall contain provisions concerning the institution’s responsibilities and obligations towards the student, and the student’s obligations towards the institution and fellow students. The Ministry may issue regulations concerning the content of the individual education plan.

Section 4-3. Learning environment

(1) The Board has overall responsibility for the students’ learning environment. In collaboration with student welfare organizations, the Board shall seek to provide suitable conditions for a good study environment and work to enhance student welfare at the educational institution.

(2) The Board is responsible for ensuring that the learning environment at the institution, including the physical and mental working environment, is fully satisfactory on the basis of an overall assessment of considerations regarding the health, safety and welfare of the students. The design of the physical working environment shall as far as possible and reasonable, ensure

  1. that premises, access roads, staircases, etc. are dimensioned and equipped for the activities that take place there.
  2. that the premises have good lighting and acoustics, and a sound indoor climate and air quality.
  3. that the premises are properly maintained, and are clean and tidy.
  4. that the premises are equipped so as to avoid detrimental physical strain for the students.
  5. that the activities are planned so as to prevent injuries and accidents.
  6. that technical installations and equipment are provided with protective devices and are maintained so as to protect students from danger to life and health.
  7. that premises, access roads, sanitary installations and technical devices are designed in such a way as to enable persons with disabilities to study at the institution.
  8. that the learning environment is organized for students of both sexes.
  9. that the learning environment is designed according to the principles of universal design.

The Ministry may issue regulations containing supplementary provisions concerning requirements regarding the learning environment.

(3) The institution shall have a learning environment committee to assist in ensuring implementation of the provisions laid down in the first and second paragraphs. The committee shall take part in the planning of measures relating to the learning environment and closely follow developments in matters concerning the safety and welfare of the students. The Board may also assign other duties to the committee. The learning environment committee shall be kept informed of complaints concerning the learning environment that the institution receives from students. The learning environment committee may submit opinions concerning such matters. The learning environment committee shall be informed of orders and other individual decisions from the Norwegian Labour Inspection Authority. The learning environment committee shall report directly to the Board, and shall submit a report each year concerning the institution’s work on the learning environment. The students and the institution shall each have an equal number of representatives on the committee. The committee shall elect a chairman each year alternately from among the institution’s and the students’ representatives.

(4) The institution’s work on the learning environment shall be documented, and be included as part of the institution’s internal quality assurance systems, pursuant to section 1-6.

(5) The institution shall, to the extent possible and reasonable, provide suitable conditions for study for students with special needs. This adaptation must not result in a reduction of the academic requirements on each study programme.

(6) The Norwegian Labour Inspection Authority shall supervise compliance with the requirements in the second paragraph. Chapter 18 of the Working Environment Act concerning supervision and coercive measures, etc. shall apply accordingly. The Ministry may issue regulations containing supplementary provisions concerning supervision and coercive measures in order to promote compliance with this section.

Section 4-4. The students' representation in the institution's bodies

(1) The students shall have at least 20 per cent of the representatives on all collegiate bodies that are given decision-making powers. In cases where this constitutes no more than one member, the students shall have the right to an additional student representative with the right to speak and to submit proposals.

(2) The provision of the first paragraph may be departed from if the delegating body unanimously decides otherwise.

Section 4-5. Right to parental leave

(1) A student who gives birth to a child during her studies shall be granted the right to leave from her studies during pregnancy, and to care for the child. During the period of leave, the student will retain her status at the institution and shall have the right to resume her studies at a level corresponding to that prior to the leave. A student who is pregnant, has the right to postponed examination if the examination date is in the period of three weeks before due date and six weeks after birth. The father is entitled to a postponed examination if the examination date is in the period of two weeks after birth. The Ministry may issue regulations concerning students' right to a re-scheduled examination. The provisions of sections 12-1 to 12-5 and 12-7 of the Working Environment Act shall apply in so far as they are appropriate.

(2) Universities and university colleges shall provide conditions for students on leave pursuant to the first paragraph to resume their studies as quickly as possible following their leave.

Section 4-6. Obligation of students to observe confidentiality

A student who in connection with his or her studies becomes acquainted with another person’s personal circumstances is obliged to observe confidentiality according to the rules that apply to professional practitioners in the vocation concerned. The institution shall draw up a declaration of confidentiality which must be signed by the students to whom this applies.

Section 4-7. Annulment of examinations or tests

(1) The Board or the institution’s appeals committee, see section 5-1, may annul an examination or test or recognition of a course if the student

  1. by using a false diploma or by other dishonest means, has gained an opportunity to take the examination or test in question, or to take the course in question, or
  2. has attempted to cheat or wilfully or through gross negligence has cheated in the course of or prior to the final grading of the examination or test in question, or while taking the course in question.

(2) The Board or the institution’s appeals committee, see section 5-1, may annul credit for or recognition of education or exemption from an examination or test if the student obtained it by using a false diploma or by other dishonest means.

(3) Annulment decisions pursuant to the first and second paragraphs may be appealed to the Ministry or to a special appeals body appointed by the Ministry – see section 5-1, seventh paragraph.

(4) The right to annulment has no time limit.

(5) An annulment decision entails an obligation to return any diplomas or transcripts to the institution. If such diploma or transcript is not returned to the institution at the proper time, the institution may obtain the assistance of an enforcement officer to secure its return, pursuant to the rules in Chapter 13 of the Enforcement Act.

(6) If the diploma can provide the basis for authorization for the exercise of a profession or trade, the institution shall notify the authority concerned of the annulment.

Section 4-8. Exclusion and expulsion

(1) A student who despite a written warning by the Board repeatedly behaves in a manner which seriously disturbs the work of fellow students or other activities at the institution may be expelled from specific areas at the institution for up to one year, following a decision by the Board or the institution’s appeals committee – see section 5-1. If a student after receiving a written warning from the Board continues to not respect such expulsion, the Board or the institution’s appeals committee may exclude him or her from the study programme and he or she may have the right to take exams at institutions pursuant to this Act withdrawn for up to one year – see section 5-1.

(2) A student who has behaved in such a seriously censurable manner as to endanger the life or health of patients, clients, children in kindergarten, pupils or others with whom the student comes into contact in connection with clinical teaching or practical training or who in relation to such persons commits serious breaches of the obligation to observe confidentiality or behaves with gross indecency towards them may be excluded from studies providing clinical teaching and practical training and have the right withdrawn to take examinations in these studies at institutions pursuant to this Act for up to three years, following a decision by the Board or the institution’s appeals committee – see section 5-1. The institution shall inform the Norwegian Directorate for Health and Social Welfare of exclusion pursuant to this provision of students pursuing educations that may trigger the right of authorization pursuant to section 48, first paragraph, of the Health Personnel Act.

(3) If the Board or the institution’s appeals committee so decides, a candidate who has acted as described in section 4-7, first or second paragraph, may be excluded from the institution and have the right to take examinations at institutions under this Act withdrawn for up to one year – see section 5-1. Exclusion does not apply to research fellows employed at the institution at which a PhD is taken.

(4) A decision to expel or exclude requires a majority of at least two-thirds. The student may appeal against such a decision pursuant to the rules in the Public Administration Act. The appeals body is the Ministry or special appeals body appointed by it, pursuant to section 5-1, seventh paragraph.

(5) The candidate is entitled to seek the assistance of a lawyer or other spokesperson from the date on which the question of expulsion or exclusion is raised or from the date of any written warning pursuant to the first paragraph. The cost of such assistance shall be met by the institution. [...]

Section 4-11. Review of expulsion or exclusion decisions by a court of law

(1) Students may have a decision regarding expulsion, exclusion and suitability assessment reviewed by the district court of the jurisdiction in which the institution’s administration is located. Such proceedings must be instituted within three months of a final decision having been pronounced.

(2) No conciliation procedures shall be conducted. The institution shall meet all the costs of the case, including the fees of the plaintiff’s lawyer.

(3) The court may review every aspect of the decision.

Chapter 5. Appeals

Section 5-1. Appeals committee and special national appeals body

(1) Universities and university colleges shall establish an appeals committee to deal with appeals against individual decisions and, following a decision of the Board, other appeals brought by students.

(2 The appeals committee shall have five members with personal deputies. The Chairman and the deputy Chairman must meet the statutory requirements for judges of the Court of Appeal. The Chairman and the deputy Chairman must not be employed by the institution. Two of the members shall be students.

(3) Representatives of the institution’s owner or members of the institution’s Board may not be members of the appeals committee.

(4) The appeals committee shall have a quorum when the Chairman or deputy Chairman and two other members are present.

(5) Decisions by the appeals committee are final.

(6) The Ministry may issue regulations concerning the processing of appeals.

(7) The Ministry may establish a special national appeals body to review appeals against individual decisions in specific areas.

Section 5-2. Appeals against formal examination errors

(1) A candidate who has taken an examination or test may appeal against formal errors within three weeks of the date on which he or she became or should have become aware of the circumstances on which the appeal is based. Such appeals should be addressed to the institution.

(2) If an error was committed which may have affected the candidate’s performance or its assessment, the grade awarded shall be annulled. If the error can be corrected by reassessing the work submitted, it shall be reassessed. Otherwise a new examination or test shall be held with new examiners. The grade awarded in a reassessment pursuant to this section may be appealed against pursuant to the rules in section 5-3.

(3) If a request for explanation of or an appeal against grading has been submitted, the deadline for an appeal pursuant to this section shall be calculated from the date on which the candidate received the explanation or a final decision was made regarding the appeal.

(4) If the institutiion or the Board or the appeals committee find that formal errors were committed and that this can reasonably be expected to have had an impact on the performance of one or more candidates or its assessment, a decision may be made to carry out a new assessment or to hold a new examination or test.

The Board or the institution’s appeals committee treat appeals concerning the institution's decisions under this section

Section 5-3. Appeals against grading – the right to an explanation

(1) The candidate is entitled to receive an explanation of the grading of his or her performance. For oral examinations or the assessment of practical skills, a request for such an explanation must be submitted immediately after notification of the grade. Requests for explanations of other assessments must be submitted within one week of the candidate having been notified of the grade, if the candidate received electronic notification of the grade, and can submit the request for an explanation in a corresponding manner. For other forms of notification, the request for an explanation must be submitted within one week of the candidate having learned of the grade, but never more than three weeks after announcement of the grade.

(2) The explanation must normally be provided within two weeks of the candidate's request. The explanation must account for the general principles applied to the assessment and for the assessment of the candidate’s performance. Explanations may be given orally or in writing at the examiner’s discretion.

(3) If written guidelines for assessments have been issued, they shall be available to candidates after the grade has been set.

(4) A candidate may appeal in writing against a grade awarded for his or her performance within three weeks of the announcement of the examination results. There shall then be a reassessment. In the event of a request for an explanation of a grade or an appeal against formal errors in the setting of the question paper, the examination procedure or execution of the assessment presented, the deadline for appeals pursuant to this section shall be calculated from the date on which the candidate received the explanation or a final decision has been made regarding the appeal. In the event of continuous assessment, the institution may decide whether the candidate shall submit an appeal following the assessment of a separate examination, assignment or other assessment, or whether an appeal shall be submitted upon announcement of the result of assessment of the subject, course or the course group.

(5) It is not possible to appeal against the assessment of an oral performance and assessment of practical training, etc. which, due to its very nature, cannot be checked. The results of preliminary examinations may only be appealed against when the examination has achieved the grade Fail.

(6) Grades awarded following reassessment pursuant to this section cannot be appealed against.

 

Published Aug. 10, 2015 10:39 AM