STATUTES OF THE ESTONIAN ACADEMY OF MUSIC AND THEATRE

Transcription

1 Approved at the Academic Council of the EAMT on STATUTES OF THE ESTONIAN ACADEMY OF MUSIC AND THEATRE I. GENERAL PROVISIONS 1. Name and legal status 1.1 The Estonian Academy of Music and Theatre (hereinafter the Academy or the EAMT ) is a university focused on music and theatre. 1.2 The full name of the Academy in Estonian shall be Eesti Muusika- ja Teatriakadeemia, abbreviated as EMTA. The name of the Academy in foreign languages shall be: 1) in the English language Estonian Academy of Music and Theatre (EAMT) 2) in the German language Akademie für Musik und Theater Estland (AMTE) 3) in the French language Académie de Musique et de Théâtre d Estonie (AMTE) 4) in the Spanish language Academia de Música y Teatro de Estonia (AMTE) 5) in the Russian language Эстонская Академия Музыки и Театра (ЭАМТ). 1.3 The EAMT is located in Tallinn. Different departments of the EAMT may also be located elsewhere. 1.4 The EAMT shall be autonomous to the extent stipulated by the Universities Act. 1.5 The EAMT shall be a legal entity under public law, operating according to the Constitution of the Republic of Estonia, the Universities Act, its Statutes and other legal acts. The EAMT shall be in the jurisdiction of the Ministry of Education and Research. 1.6 The Statutes of the EAMT shall be approved and amended by the Academic Council of the EAMT (hereinafter the Academic Council) with a 2/3 majority of the votes of members present at the meeting. The decisions shall be approved by the majority of the Academic Council. 2. Objectives and Tasks 2.1 The EAMT is an educational, cultural and research institution the objectives of which are promoting music and theatre and fields related to these, arranging continuous education in pertinent specialities and rendering public services based on its educational, creative and scientific activities. Through its activities, the EAMT shall contribute to the development of a balanced Estonian society, the spread of creative thinking and the survival of the Estonian language and culture. 2.2 To achieve its objectives the EAMT shall: arrange studies on three academic levels and issue pertinent graduation documents in accordance with the standard for university education; 1

2 2.2.2 arrange continuing education and issue pertinent certificates; develop and support creative activity; conduct scientific research and development projects; arrange concerts, spectacles, conferences, master courses and other events; publish, distribute and popularise the results of creative work and research; develop a research library focusing on music and theatre, which serves the membership of the EAMT and provides public services; co-operate with other research, educational and cultural establishments and organisations in Estonia and abroad, with special attention to co-operation with music and drama schools at all academic levels in Estonia; inform the general public of its activities; fulfil other tasks arising from these Statutes and other legal acts. II. MANAGEMENT AND STRUCTURE 3. Management 3.1 The EAMT shall be managed by the Academic Council, the Rector, vice-rectors and the Managing Director. Structural units shall be managed by elected or appointed officials or pertinent collegial bodies. 3.2 The EAMT and the community shall be connected by the board of trustees as an advisory board; its members shall be nominated and its agenda shall be approved by the Government of the Republic upon hearing the positions of the university. 4. Academic Council 4.1 The Academic Council of the EAMT shall be the highest collegial decision-making body of the EAMT. 4.2 The Academic Council shall include: the Rector, who shall be the chairman of the Academic Council; vice-rectors; Managing Director; Head of the Registry and Student Affairs Department; Chief Accountant; Chairman or co-chairmen of the Doctoral Council; heads of the academic units; 2

3 4.2.8 representatives of academic instructors and researchers elected at the general meeting of academic instructors for the term of three years (one per each 50 elected instructors and researchers); representatives of the student body appointed by the Student Council, who shall constitute at least 1/5 of the membership of the Academic Council. 4.3 The members of the Academic Council shall be approved by the Rector s decree. Authorised representatives of the board of trustees and, if necessary, other persons appointed by the Rector, shall participate in the work of the Academic Council with the right to have the floor. 4.4 The Academic Council of the EAMT shall: approve and amend the Statutes of the Academy; approve the Academy s structure and make changes to it, if necessary; be entitled to establish standing and ad hoc committees; approve the bylaws of the structural units of the academy and the Statutes of the Student Body; Adopt the development programmes of the Academy and submit these for approval to the Minister of Education and Research; approve the curricula of the Academy; establish the conditions and procedures for evaluating the professional qualification of academic instructors as well as for considering the students previous academic results and professional experience; establish the conditions and procedures for the assessment of academic instructors, researchers and doctoral students; establish procedures and conditions for defending degrees; establish admissions requirements and procedures; establish bases and procedures for the academic dismissal of students; make propositions to the Minister of Education and Research regarding the agreement of operational grants approve the fields, forms and procedures of continuing education taking place at the Academy; approve the Academy s budget, annual reports and financing plan; establish the general rules of the administration, educational and research activities of the Academy; approve the election rules of the EAMT, stipulating the exact procedures for filling all the elected vacancies of the EAMT, including the rules for carrying out employment contests for academic instructors and researchers as well as recalling procedures of the elected persons; approve the rules for electing the Rector; 3

4 elect heads of departments and regular academic instructors and researchers according to the election rules of the EAMT; elect honorary doctors and honorary members; be entitled to grant the titles of professor emeritus and associate professor emeritus; decide matters related to the assets of the Academy to the extent and according to the procedures stipulated by the Universities Act; hear reports of the Rector, vice-rectors and heads of structural units; decide matters in regard to the establishment, reorganisation and dissolution of the subordinate institutions of the EAMT as well as of the legal entities established with its participation; decide the Academy s accession to international organisations; hear the propositions of the Board of Governers of the EAMT and express its standpoint regarding these; form an audit committee and approve its rules of procedure; be entitled to withdraw confidence in the Rector by a two-thirds majority of its members; decide other matters submitted by the Rector or members of the Academic Council of the Academy for taking a standpoint that, according to the Universities Act and the Statutes of the Academy, lie in its competence. 4.5 The Academic Council of the EAMT shall adopt directives and resolutions within the limits of its competence. 4.6 The positions of the Academic Council of the EAMT containing general instructions shall be executed as a directive, signed by the Rector, or upon the absence of the Rector by a vicerector and the secretary of the Academic Council of the Academy, and disclosed to the employees and students of the academy. 4.7 The positions of the Academic Council of the EAMT regarding individual matters shall be executed as resolutions, signed by the Rector, or upon his/her absence by a vice-rector and the secretary of the Academic Council. The resolution will be disclosed to the persons concerned. 4.8 The sessions of the Academic Council of the EAMT shall be held at least eight times a year according to the schedule approved by the Academic Council. The Academic Council shall also be convened upon the request of at least 1/3 of its members. 4.9 The agenda of the meeting of the Academic Council with draft regulations and resolutions submitted for approval shall be communicated to the members of the Academic Council at least five days before the meeting. A matter that requires a resolution, presented at the meeting, shall be included in the agenda of the meeting of the Academic Council if the majority of the members of the council present at the meeting vote for the inclusion of the matter in the agenda The sessions of the Academic Council of the EAMT shall be presided over by the Rector, or upon the absence of the Rector, by a vice rector. 4

5 4.11 The Academic Council of the EAMT shall have a quorum if at least 2/3 of its members including the Rector, or a vice-rector substituting him/her, are present at the meeting The Academic Council of the EAMT shall adopt resolutions within the limits of its competence by open or secret ballot by a simple majority of votes of the members present, except in cases stipulated otherwise in the election rules. The directives and resolutions of the Academic Council of the Academy shall be binding to the membership of the Academy. 5. The Rector 5.1 The Rector is the highest official of the EAMT, bearing liability for the general condition and development of the Academy and lawful and rational utilisation of its assets and financial means. 5.2 The Rector shall: exercise the highest administrative and disciplinary authority at the Academy within the limits of his/her competence; guarantee the arrangement of educational, research and creative activities in a rational manner; approve the internal regulations of the Academy; approve the rules of procedure of the Academy and its accounting; make orders and issue decrees binding for the membership of the Academy; establish the number of vice-rectors and their areas of activity; appoint the vice-rectors; guarantee the implementation of rules and resolutions of the Academic Council of the Academy; be entitled to exercise a one-time veto of a rule or resolution of the Academic Council of the Academy; ensure the compilation of the draft budget of the Academy; ensure the implementation of the budget of the Academy and submit reporting to the Academic Council of the Academy; represent the Academy and perform transactions on behalf of the Academy within the limits of authority provided by the Universities Act and the Statutes of the EAMT; resolve other matters given legally to his/her competence; be accountable to the Academic Council of the Academy. 5.3 Any person who has been elected to a post of professor may apply for the post of the Rector of the EAMT. A person who has been working on the post of the Rector for the last two consecutive terms of office cannot apply for the post of the Rector. 5.4 The Rector shall be elected by secret ballot of an electoral body for a term of five years according to the election rules of the EAMT. 5

6 5.5 The Rector shall assume his/her office by taking an oath before the Academic Council of the EAMT and shall conclude an employment contract with the oldest member of the Academic Council. The contract will be subject to the provisions concerning authorisation agreements in the Law of Obligations Act. 5.6 The time a person works as Rector shall be added to their total time working as a professor. 5.7 The Rector s mandate shall expire on the date the contract expires, on the day of him/her withdrawing from the position at his/her own request or prematurely on the day of his/her dismissal upon a vote of no confidence by the Academic Council. 5.8 If the Rector s mandate has prematurely suspended or the new Rector has not been elected by the end of his/her mandate, the Academic Council shall appoint an Acting Rector until the election of the new Rector, but for a period no longer than one year. 5.9 The employment contract of an employee of the EAMT who has been elected Rector shall be suspended for the term of his/her office as Rector. Upon the expiration of his/her term of office, the Rector shall be entitled to return to the academic post he/she was working prior to the election to the post of Rector. 6. Rector s Office 6.1 The Rector s Office is the management body of the EAMT. The Rector s Office includes the Rector, vice-rectors and the Managing Director. 6.2 The vice-rectors shall manage the areas of activity established by the Rector and substitute for the Rector upon his/her absence according to the procedures established by the Rector. 6.3 Vice-rectors shall be appointed by the Rector for a period of five years and shall conclude employment contracts with them. 6.4 The terms of office of vice-rectors shall expire simultaneously with the expiry of the term of office of the Rector who appointed them. In the case described in Section 5.8 the vicerectors shall remain in office until the new Rector assumes office. For persons elected to a post of professor or associate professor, the time a person works as a vice-rector shall be added to their total time working as a professor or associate professor. 6.5 Within the limits of their competence, the vice-rectors shall be entitled to represent the EAMT at public offices and organisations, and conclude contracts. 6.6 The employment contract of an academic instructor of the EAMT who has been elected to the post of a vice-rector shall be suspended for the term of his/her office as a vice-rector. Upon the expiry of his/her term of office the vice-rector shall be entitled to return to the academic post he/she was working in prior to the election to the post of vice-rector. 6.7 The Rector and vice-rectors are entitled to one free semester per one term of office. The leave shall be used proportionally to the duration of the term of office after leaving the administrative position to return to academic life. Upon more than one consecutive term of office the Rector and vice-rectors are entitled to the maximum of two free semesters. 6

7 7. Structure 7.1 The structure of the EAMT is formed by academic units with their sub-units and administrative and support units. 7.2 The names of academic units and sub-units and their responsibilities shall be approved by the Academic Council of the EAMT. 7.3 The rules and procedures of the structural units of the EAMT shall be defined by the bylaw approved by the Academic Council. 8. Management of structural units 8.1 The head of the academic department shall be elected or appointed for a fixed term of office according to the EAMT s procedure for filling academic positions. 8.2 A head of the academic department shall bear liability for its educational, creative and research activity and development. His/her activity shall be based on the bylaws of the department. 8.3 The work of a department shall be directed by the meeting of the academic instructors of the department as a collegial management body. A meeting of the academic instructors of the department shall have a quorum if at least 2/3 of the instructors are present. Resolutions shall be adopted by a simple majority of votes. 8.4 Heads of support and administrative units shall be appointed and recalled by the Rector. 8.5 The heads of structural units shall give orders within the limits of their competence, which shall be binding for the employees of the units. III. MEMBERS 9. Membership 9.1 The membership of the EAMT consists of the Academy s employees, students, professors emeritus, associate professors emeritus, honorary doctors and honorary members. The employees of the EAMT are academic instructors, researchers and clerical staff. 10. Academic instructors and researchers 10.1 The professors, associate professors, lecturers, assistants and teachers make up the academic instructors of the EAMT. Academic instructors shall be either regular or visiting academic instructors. 7

8 10.2 The scientific staff of the EAMT shall consist of lead researchers, senior researchers, researchers and junior researchers The regular academic instructors and researchers of the EAMT shall comply with the qualification requirements set out by the Academic Council of the Academy The professorship of the EAMT shall consist of professors and professors emeritus Regular academic instructors and researchers shall be elected by the Academic Council of the EAMT by means of a contest according to the EAMT procedures for filling academic positions The Rector shall be entitled to appoint regular academic instructors and researchers in office for the maximum term of five years if: the contest for filling an academic position has failed; work on the position is time-limited; The Rector shall be entitled to invite visiting professors for the maximum period of five years without announcing a contest An academic instructor of the EAMT shall enjoy teaching freedom. He/she shall choose the forms and methods according to the aim and learning outcomes of his/her subjects, but bear liability for the quality of the teaching Every five years the regular academic instructors of the EAMT shall be entitled to a onesemester sabbatical, with pay, to refresh their professional skills, which also includes research or creative activities Regular academic instructors and researchers shall be evaluated at least once during their five-year term of office If a regular academic instructor or researcher does not pass the evaluation, his/her employment contract may be cancelled under the conditions set out in the Employment Contracts Act. 11. Professors emeritus and associate professors emeritus 11.1 The Academic Council of the EAMT is entitled to grant the title of professor emeritus to a person of retirement age, who has worked at the Academy as a professor for at least ten years and has been selected a regular professor at least twice. A professor emeritus shall be entitled to participate in the activities of the Academy; however, he/she shall not assume the position of a regular professor The Academic Council of the EAMT is entitled to grant the title of associate professor emeritus to an academic instructor of retirement age, who has worked as an associate professor at the Academy for at least 15 years. Upon awarding the title of associate professor, the associate professor s time of work as a professor shall also be taken into account. An associate professor emeritus shall be entitled to participate in the activities of the Academy; however, he/she shall not assume the position of a regular associate professor. 12. Honorary doctors and honorary members 8

9 12.1 Outstanding cultural figures or researchers in Estonia or in a foreign country, who have strongly influenced the development of Estonian music and theatre or contributed to the international reputation of the EAMT and the strengthening of international ties can be elected as honorary doctors of the EAMT Natural persons or legal entities who have made a strong contribution with their activity or material support to the development of the EAMT and helped to achieve its statutory objectives can be elected as honorary members of the EAMT. 13. Students and student body 13.1 A student is a person who has been admitted to full-time or part-time studies in a bachelor, master or doctoral programme Participants in the continuing education courses, external students and Open Academy students shall not belong to the student body. Their legal status shall be stipulated in the Adult Education Act and the regulations established by the EAMT Students shall be entitled to: compile individual study schedules proceeding from the study programme; attend lectures of optional subjects outside the curriculum, where the EAMT shall be entitled to restrict the participation of students in optional courses upon the absence of appropriate conditions (size of the study group, workload of the academic instructor etc.) include in their study schedules subjects from other universities according to procedures established by the study regulations of the EAMT and according to agreements concluded between the universities; make free use of learning rooms, library, study equipment and other inventory of the Academy for educational purposes; upon the closure of one study programme, continue studies according to another study programme; elect representatives and be elected to collegial decision-making boards of the Academy; submit to the Rector a justified application to relieve an academic instructor of his/her teaching activities; take an academic leave of absence in accordance with the procedures established by the Academic Council of the EAMT; have access to curricula, course descriptions and other information necessary for studying; receive academic and career counselling; submit an appeal for re-taking an exam assessed by a committee; receive a study allowance and student loans in accordance with the conditions and procedures established by the Study Allowances and Study Loans Act; 9

10 receive a student identification card according to the procedure established by the Minister of Education and Research; participate in the student government exercise other rights established for students in the Universities Act, the Statutes of the EAMT, the internal regulations and other legal acts The students shall be obliged to adhere to the obligations imposed on students by the Universities Act, the Statutes of the EAMT, study regulations and other legal acts, and bear liability for disregarding them The students attending the EAMT make up the student body The student body is an institution in law upon which the students are able to exercise their right through the student government to independently decide and organise the matters of student life in accordance with the law and legal acts issued on the basis of the law, and proceeding from the interests, needs, rights and obligations of the students The student body is entitled to: form associations and organisations with other student bodies in accordance with the basis and procedure established by legal acts; become members of relevant international organisations or engage in cooperation with these; elect representatives to the Academic Council of the EAMT; decide and arrange any other matters of student life that are in the competence of the student body according to the law and legal acts issued on the basis of the law, and that have not been delegated to the competence of other persons on similar bases; 13.8 The student body has its statutes establishing the procedures for forming representative and executive bodies of the student body, their rights, obligations, responsibility and procedural rules. The statutes of the student body shall be adopted by the Student Council at its meeting with at least a two-thirds majority of the votes of its members and presented to the Academic Council for approval. The Academic Council shall approve the statutes of the student body, if the statutes comply with the law, legal acts issued on the basis of the law and internationally accepted principles of democracy The responsible and administrative representative body of the students is the democratically elected Student Council; all students of the Academy are entitled to participate in the elections of the Student Council. The Student Council and executive bodies formed by it in accordance with the statutes of the student body shall represent the student body in relations with the Academy, Estonian and international associations, institutions and other persons To carry out the duties of the Student Council and Board of the Student Council, the Student Council shall independently use resources allocated from the Academy s budget for exercising its statutory and lawful duties based on the authorisation issued by the Rector and in accordance with the procedure established by the student body. IV. REGULATION OF STUDIES 10

11 14. Basis of the Regulation of Studies 14.1 All persons meeting the qualification requirements shall have equal rights to compete for admission to the EAMT Academic work shall be based on curricula which correspond to higher education standards. The procedures for preparing and amending curricula shall be established by the Academic Council of the EAMT Academic work shall be carried out according to the conditions and procedures established by the Regulation of Studies of the EAMT and other legal acts The teaching language of the EAMT shall be Estonian. The Academic Council of the EAMT shall be entitled to decide upon the use of other languages. 15. Degree studies and continuing education 15.1 The EAMT provides academic studies on three levels: bachelor, master and doctoral studies. Graduation from each academic level shall be deemed graduation from the EAMT. Graduates shall be entitled to continue their studies according to the procedures established by the Universities Act and the admission rules of the EAMT Academic work in degree studies is carried out in the form of full-time studies, part-time studies and external studies The EAMT shall provide preparation courses, continuing education and may offer other academic services to the public Continuing education means professional training as defined by the Adult Education Act. The fields, forms and procedures for continuing education shall be established by the Academic Council of the EAMT. V. ASSETS, FINANCING, SUPERVISION 16. Assets and use of assets 16.1 The EAMT is the owner of its assets. It shall hold, use and govern its assets in accordance with procedures stipulated by the Universities Act The assets of the EAMT shall be: assets which have been or will be transferred to the ownership of the Academy by the state; assets transferred to the EAMT by another person; assets acquired by the Academy in the course of its operations. 11

12 16.3 The assets of the EAMT shall consist of real estate, musical instruments, equipment, other tangible assets, financial resources and intellectual property The EAMT shall utilise assets not needed for achieving its objective, following the principle of increasing the profits which the Academy may gain from these procedures or transactions, avoiding losses and securing that all transactions performed with these assets comply with legal acts and are transparent and controllable The EAMT shall use its assets to achieve the objectives of the Academy in accordance with the Universities Act Real estate owned by the EAMT may be disposed of or encumbered with limited real right or right of superficies upon permission granted by the Academic Council of the EAMT The maximum value of assets the Rector, vice-rectors and the Managing Director are entitled to dispose of shall be stipulated by the Academic Council of the EAMT The EAMT has no right to use its assets as collateral to guarantee the liabilities of any other person The EAMT is entitled to take credits upon permission granted by the Academic Council of the EAMT The EAMT is not entitled to provide sponsorship and grant loans or credit, or make donations to foundations In order to carry out its statutory responsibilities, the EAMT has the right to form legal entities under private law as stipulated by the law. 17. Financing 17.1 To finance its activities, the EAMT shall use resources gained from the state budget, receipt of compensation for academic expenses, income from the provision of paid services based on its main activity, income from research and development activities and other sources The EAMT shall be entitled to provide paid services based on its main activity to other persons (continuing education, contractual research activity, specialist counselling etc.). The income from these activities shall be transferred to the budget of the EAMT A balanced budget shall be compiled of all income and expenses of the EAMT. The financial plan, budget and the report on the implementation of the budget shall be approved by the Academic Council of the EAMT. 18. Supervision and reporting 18.1 The activity of the EAMT shall be supervised by the National Audit Office according to the National Audit Office Act Administrative supervision of the lawfulness of the Academy s activity shall be exercised by the Ministry of Education and Research. 12

13 18.3 The economic activity of the EAMT is supervised by regular or extraordinary reviews determined by the Rector An audit committee of three to five members shall be formed at the Academy, which shall act as an advisory body to the Academic Council of the Academy regarding accounting, auditing, risk management, internal controls and audit, supervision and preparation of the draft budget as well as the lawfulness of the Academy s activity The EAMT shall report its activities in accordance with the scope and procedure stipulated by legal acts Upon the request of the source of finance of the EAMT s activity, the EAMT shall submit a report to the source of finance according to the basis, scope and procedure agreed by the parties. VI. IMPLEMENTING PROVISIONS 19. Declaration of invalidity The Statutes of the EAMT (approved by the Academic Council of the EAMT on ) and their subsequent amendments shall be declared invalid. 20. Entry into force 20.1 The Statutes have been approved as a regulation of the Academic Council of the EAMT of These Statutes shall enter into force on