Article 1: Name and Offices
Section 1.1. Name: The name of this organization is the European Accreditation Agency for Higher Education (hereafter referred to as “EAAHE” or “the Organization”), charitable association for educational and vocational purposes.
Section 1.2. Office: The registered office of EAAHE shall be located in Paris, France. ECHEIA may have other offices within or without Paris as the Board of Management may from time to time determine.
Section 1.3. References to Board of Management and Accrediting Commission: The Board of Management is also known as the Accrediting Commission. For convenience of reference, the term “Commission” will hereinafter be used in these Bylaws. Likewise, the individual Board Member will be referred to in these Bylaws as “Commissioners”.
Section 1.4. President to Act as Chair: The president of the Board of Management shall also serve as the Chair. The term Chair and President are interchangeable. Both connote the principal officer of the Corporation.
Article 2: Principles Of Operation
Section 2.1. To establish and operate an educational accrediting agency in the field of higher education and training.
Section 2.3. To accredit institutions and organizations offering higher education and training programs which have attained and maintained the standards, policies, and procedures established by EAAHE.
Section 2.4. To identify and publicize those organizations and institutions that attain accredited status
Section 2.5. To promote the development and maintenance of high educational and ethical standards in higher education and training by means of standard setting, evaluation, and consultation processes.
Section 2.6. To implement the high-quality standards which are contained in the EAAHE Principles of Ethics.
Section 2.7. To conduct research in higher education and training, distance learning and online course programs.
Section 2.8. To hold conferences, seminars, webinars, workshops and meetings to support higher education and training.
Section 2.9. To cooperate with other private and public agencies in any way that may lead to the improvement of higher education and training.
Section 2.10. To undertake such other activities as the Commission may determine.
Article 3: Accrediting Standards And Responsibilities
Section 3.1. Adoption of Eligibility Requirements and Standards of Accreditation: The membership of EAAHE shall adopt eligibility requirements and standards for accreditation. Substantive changes to eligibility requirements and standards for accreditation shall require approval of a majority of the votes cast by the commissioners at a meeting at which a quorum is present. The Commission shall interpret and apply the eligibility requirements and standards for accreditation and shall be responsible for submitting proposed changes to the EAAHE membership for their approval.
Section 3.2. Periodic Review: The eligibility requirements and standards for accreditation shall be re-evaluated periodically by the EAAHE membership. The Commission shall conduct a study of the standards for accreditation at least every five years to ensure that they are adequate to evaluate the quality of higher education provided by the institutions and organizations it accredits relevant to the continuing education needs of the students.
Section 3.3. Implementation and Interpretation: The Commission may adopt such policies and procedures as it deems necessary with regard to the sound implementation of the accreditation evaluation process. The Commission shall possess exclusive authority to interpret these Bylaws, the standards for accreditation, and the eligibility requirements.
Section 3.4. Finality of Commission’s Decisions: The Commission shall have sole authority to make decisions regarding the accredited status of any applicant or accredited member. Its decisions shall not be subject to review or approval by the membership of EAAHE.
Section 3.5. Conflicts of Interest: No member of the Commission shall vote on any matter regarding the accreditation of any applicant with which the Commission member is affiliated in any capacity or where such vote would give rise to a conflict of interest.
Article 4: Certificates Of Membership
Section 4.1. Certificates of Membership: The Commission shall provide for the issuance of certificates of membership in EAAHE in such form as may be determined by the Commission. Such certificates shall be signed by the Chair and the Executive Director and shall be sealed with the seal of EAAHE. The name and address of each member and the date of issuance of the certificate shall be entered on the records of EAAHE.
Section 4.2. Issuance of Certificates of Membership: When a member has been accredited by the Commission and has paid all relevant fees, a certificate of membership shall be issued to that member.
Section 4.3 Ownership of Certificates of Membership: Certificates of Membership shall remain the property of EAAHE and must be returned to EAAHE upon termination of the membership represented by the certificate.
ARTICLE 5: CERTIFICATES OF ACCREDITATION
Section 5.1. Certificates of Accreditation: The Commission shall provide for the issuance of certificates of accreditation in EAAHE in such form as may be determined by the Commission. Such certificates shall be signed by the Chair and the Executive Director and shall be sealed with the seal of EAAHE. The name and address of each accredited member and the date of issuance of the certificate shall be entered on the records of EAAHE.
Section 5.2. Issuance of Certificates of Accreditation: When an organization has been accredited by the Commission and has paid all relevant fees, a certificate of accreditation shall be issued to that organization.
Section 5.3 Ownership of Certificates of Accreditation: Certificates of Accreditation shall remain the property of EAAHE and must be returned to EAAHE upon termination of the membership represented by the certificate.
Article 6: Payment Of Fees
Section 6.1. Fees: The Commission shall establish the amount, the dates for payment, and the manner of payment of all fees payable to EAAHE by its members.
Section 6.2 Failure to Pay Fees: Failure of a member to pay any fees may jeopardize the accreditation status of the institution and make the institution subject to show cause and subsequent withdrawal or denial of accreditation.
Section 6.3 Refund of Fees: Fees are not refundable unless otherwise determined by the Commission.
Article 7: Litigation, Jurisdiction, Venue, Choice Of Law, Exhaustion Of Administrative Remedies, And Expenses
Section 7.1. Suits Against EAAHE, Jurisdiction, Venue, Choice of Law, and Exhaustion of Administrative Remedies: Jurisdiction and venue of any suit, claim or proceeding, relating to membership, accreditation or accredited status, whether a claim for damages or injunctive or declaratory relief, brought by an accredited member, former member, or applicant for membership and accredited status, against EAAHE, or a Commissioner, officer, Commission member, committee member or staff member acting in his or her official capacity shall be only in the Courts for the France, whichever shall have subject matter jurisdiction. The law of the France shall govern the interpretation, validity and performance of the terms of these Bylaws, as well as any disputes between accredited institutions or applicants for accreditation and EAAHE, regardless of the law that might otherwise be applied under any principles of conflicts of laws. Accredited members, former members and applicants must exhaust all administrative remedies provided for in the EAAHE Documents and Bylaws before initiating any suit, claim or proceeding in Court.
Section 7.2. Reimbursement of EAAHE’s Litigation Expenses: An applicant for membership, a member or a former member shall reimburse EAAHE for all costs, expenses, and attorney’s fees actually and reasonably incurred by EAAHE in defending any suit, claim or proceeding whether for damages or for injunctive or declaratory relief brought by an applicant, member or former member against EAAHE, or a Commissioner, officer, employee or agent of EAAHE acting in his or her official capacity where EAAHE or the Commissioner, officer, employee or agent shall have been adjudged to be the prevailing party in the suit, claim or proceeding.
Section 7.3. Expenses: A member shall reimburse EAAHE for all costs, expenses, and attorney’s fees incurred by EAAHE in the production of any of EAAHE’s records relating to such member in response to lawful requests from parties in litigation, in preparation for possible litigation, or from government agencies to which that party is a party or becomes a party.
Article 8: Seal
EAAHE shall adopt and maintain a corporate seal, which shall be in the form of a circle and shall have inscribed thereon the name of EAAHE and the words “Corporate Seal.”
Article 9: Waiver Of Notice
Whenever any notice is required to be given under the provisions of the Articles of Incorporation or the Bylaws of EAAHE, a waiver thereof in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice.
Article 10: Separability Of Provisions
If any provision of these Bylaws shall operate in contravention of, or be rendered invalid by, any international law or regulation, such provision shall be constructed as invalid without affecting any other provision hereof, and all remaining provisions hereof shall continue in full force and effect.
Article 11: Amendments To By Laws
These Bylaws may be amended by a two-thirds majority of the Board Members of EAAHE present and entitled to vote at a regular or special meeting of the membership at which a quorum is present, provided that at least thirty (30) days advance written notice is given of the proposed amendments to the Bylaws at such meeting. Any Board Member may propose an amendment to the Bylaws and such proposal shall be submitted to the Board Members at the next regular meeting of the membership. The Bylaws also may be amended by a two-thirds vote of the Commission at a meeting at which a quorum is present.