(c)
in the opinion of the Board,
fundamental changes have
occurred and had those changes
been in existence at the time of
the consideration of the
application, the authorisation
would not have been granted.
(3) A Certificate of
Authorisation shall not be
suspended or revoked unless the
institution has been given at
least six months notice to
rectify the situation in issue
and the institution has failed
to do so.
(4) The Board, shall on
suspension of a Certificate of
Authorisation indicate the steps
which the holder must take
before the authorisation may be
restored.
(5) The Board shall not consider
a subsequent application by the
same person, or in respect of
the same or substantially
similar proposal within two
years after the refusal of an
application or revocation of a
Certificate of Authorisation
unless good cause is shown by
the applicant.
(6) The Board shall publish in
the
Gazette
a notice of suspension or
revocation of a Certificate of
Authorisation.
Accreditation
Accreditation
8.
(1) A holder of a valid
Certificate of Authorisation may
within three years from the date
of the grant of the Certificate
of Authorisation apply to the
Board for accreditation unless
the Board otherwise decides.
(2) An application for
accreditation shall be
accompanied with
(a)
a draft of the statutes of the
institution containing
(i) the name and location of the
institution;
(ii) objectives for which the
institution has been
established;
(iii) the membership of the
governing body of the
institution, a majority of whom
shall be resident in the country
and where they are not citizens
evidence
of valid resident permits;
(iv)
the mode in which rules may be
made for the better functioning
and governance of the
institution;
(v) proof of affiliation to a
recognised mentoring institution
within or outside the country;
or
(vi) proof of affiliation to a
recognised examination body
within or outside the country;
(b)
a list of academic and senior
administrative staff employed
or expected to be employed by
the institution and their
qualifications, and curriculum
vitae, and at least for the
first year of the institution's
operations and for each
programme, the personal
particulars of each Head of
Department and two other
academic staff who are to be
employed full time;
(c)
the anticipated number of
students to be enrolled in each
programme of the institution;
(d)
a statement of the size and
quality of the library, and
equipment developed for each
programme offered or to be
offered at the institution;
(e)
a development plan for the
running of the institution which
embodies
(i) a financial projection
for running and maintenance of
the institution, and
(ii) a physical development plan
for the institution,
(f)
a statement of the financial
resources that are available for
the exclusive use of the
institution,
and which is certified by a
person qualified to practise as
an accountant and which
indicates the origins of the
resources; and
(g)
any other information that the
Board may require.
Appointment of accreditation
panel
9. (1) The Board shall appoint
an accreditation panel in
accordance with section 9 of the
National Accreditation Board
Act, 2007 (Act 744) for the
purpose of considering an
application for accreditation.
(2) The panel shall be appointed
within thirty days after receipt
of an application which the
Board considers complete for the
purposes of the accreditation of
the institution.
(3) A panel shall examine and
assess whether the applicant has
(a)
adequate physical and academic
facilities required to commence
and continue academic work, and
(b)
assembled adequate human
resources and other resources
required for effective academic
work,
and enquire into and ascertain
the veracity or otherwise of the
particulars submitted in the
application and further make
other investigations that are
relevant to the application as
it considers necessary.
(4) The panel shall submit its
report to the Board within
thirty days after the date of
its appointment.
Consideration by the Board of
report of an accreditation panel
10.
(1) The Board shall consider the
report of an accreditation
panel, make its comments and
indicate any revision or
amendment required to the
application within sixty days.
(2) The Board may refer the
report of the panel to the
applicant for its comments.
(3) Any comments made or
directives issued under
subregulation
(1) shall specify whether or not
the institution has complied
with standards set by the Board
for the institution.
Grant of accreditation
11.
(1) The Board shall grant
accreditation to the institution
within thirty days, after
consideration of the report and
the comments of the applicant,
if it is satisfied that
(a)
the statutes or regulations of
the institution as submitted or
amended provides a sound basis
for the academic and
administrative functions of the
institution;
(b)
the institution has effectively
organised adequate human,
physical, financial and other
resources for an educational
programme comparable to that of
similar institutions authorised
to operate in the country; and
(c)
the institution has complied
with the relevant standards
specified by the Board.
(2) The Board shall not accept
an application for accreditation
if the applicant has on three
previous occasions submitted an
application which does not
differ in form or material from
previous applications.
(3) The period of accreditation
shall be as specified in the
certificate of accreditation.
Renewal or suspension of
accreditation
12.
(1) The institution may apply
for the renewal of the
institution or programme
accreditation and the
application shall be made six
months before the expiry of the
stated period of accreditation.
(2) The Board shall suspend the
accreditation where there is
breach of the conditions of the
institutional or programme
accreditation.
Proof of affiliation for award
of certificates
13.
(1) The Board shall satisfy
itself that the applicant has'
a firm commitment or proof of
affiliation with a recognised
institution or examination body
responsible for the award of its
certificates.
(2) The Board shall satisfy
itself that the applicant is
affiliated to a recognised
institution or examination body
which shall award its
certificate where affiliation
was not concluded before the
first accreditation
was granted.
Certificate of accreditation and
variation or revocation of
certificate
14.
(1) The Board shall issue to an
institution a Certificate of
Institutional Accreditation as
in Form 3 of the Schedule and a
Certificate of Programme
Accreditation as in Form 4 of
the Schedule, on the grant of
accreditation to the
institution.
(2) The Board may
(a)
vary a certificate of
accreditation to conform with
national education policy;
or
(b)
revoke a certificate of
accreditation
(i) where the Board is of the
opinion that the institution
concerned is not carrying out
its functions in a proper manner
or is in breach of its
certificate of accreditation, or
any provision of the Act; or
(ii) the revocation is in line
with national education policy
and the Constitution.
(3) The variation or revocation
of a certificate of
accreditation shall be
communicated in writing to the
institution concerned.
(4) The Board shall as
soon as practicable after the
revocation of a certificate of
accreditation cause a notice of
the revocation to be published
in the
Gazette
and the institution concerned
shall cease to be a tertiary
institution at the expiry of one
year after the date of the
publication of the revocation
notice, except that the
revocation of the certificate
shall not affect the validity of
degrees previously granted by
the institution
Rights
and obligations of accredited
institutions
Obligation to maintain standards
and comply with laws
15.
Each accredited institution
shall ensure that
(a)
standards determined under these
Regulations in respect of that
institution are maintained;
(b)
lawful instructions issued by
the Board or any other authority
empowered to do so under the Act
or any other enactment are
complied with;
(c)
new programmes or instructions
are not undertaken under these
Regulations without the prior
consent of the Board;
(d)
the institution respects the
terms of the accreditation; and
(e)
the institution does not change
any of the information on which
the accreditation decision was
based without prior approval of
the Board.
Evaluation of performance and
supervision
16.
(1) An institution authorised to
operate under these Regulations
shall prepare and submit to the
Board,
(a)
an annual report in the
prescribed format of its
activities for each academic
year within three months.
after the end of the academic
year; and
(b)
after each five year period, a
detailed evaluation by the
institution of steps taken
towards the achievement of its
aims and objectives.
(2) An institution that fails to
comply with subregulation (1)
shall have its accreditation
suspended.
Rights of an accredited
institution
17.
(1) Subject to these
Regulations, an accredited
institution shall have
full
autonomy in the management of
its affairs and programmes in
accordance with its own
statutes.
(2) An accredited institution
may
(a)
employ staff,
(b)
determine what may be taught and
how it may be taught,
(c)
operate as a tutorial
institution, and
(d)
determine which students of the
institution have attained the
required standard of proficiency
and qualify to be awarded
certificates, diplomas or
degrees in consultation with the
mentoring institution.
Rights and obligations of a
mentoring institution
18. Each mentoring institution
shall ensure that
(a)
it has a faculty or department
that offers the programme for
which affiliation is being
sought;
(b)
a co-ordinator not below the
rank of a senior lecturer is
appointed to maintain an active
linkage with the mentor
institution;
(c)
the appointment of an
experienced external examiner or
moderator for the programme is
done in consultation with the
mentored institution;
(d)
an annual report or appraisal of
the mentored institution's
activities for each academic
year is prepared;
(e)
after each four year period, a
detailed evaluation of steps
taken towards the achievement of
the aims and objectives of the
mentored institution is
submitted to the Board;
(f)
the graduands of the mentored
institutions merit the
certificates awarded to them;
and
(g)
the records of students of the
mentored institution are kept in
electronic form.
President's Charter and award of
degrees
19. (1) An accredited
institution shall not issue
certificates or award its own
degrees, diplomas or honorary
degree without a Charter granted
to it for that purpose by the
President.
(2) An accredited institution
shall operate under the
supervision of a recognised
institution which shall award
its certificates for the
accredited institution under its
supervision until the grant of a
Charter to the accredited
institution.
(3) The Board shall suspend or
revoke an accreditation where an
institution contravenes
subregulation (1).
Application for Charter
20. (1) An accredited
institution without a Charter
may apply to the Board for
recommendation for the grant of
a Charter.
(2) The Board shall for the
purpose of the recommendation,
consider
(a)
the length of period which shall
not be less than ten years
within which the applicant has
successfully operated under the
supervision of a mcntoring
institution;
(b)
the governance structure of the
accredited institution;
(c)
the quality of teaching,
research, the academic staff and
work of the applicant;
(d)
the financial, material and
teaching facilities and
resources at the disposal of or
owned by the applicant; and
(e)
other factors that the Board
determines to be appropriate.
(3) The Board shall make its
recommendation to the President
through the Minister for the
grant of a Charter or otherwise
as the Board considers
appropriate.
(4) The grant of a Charter shall
be as in Form 5 of the Schedule
and shall be published in the
Gazette
by the Board.
(5) The grant of a
Charter to an institution shall
signify
(a)
full autonomy for the
institution,
(b)
end of affiliation, and
(c)
a right to award degrees,
diplomas, certificates including
honorary degrees, diplomas or
certificates.
(6) A Charter may be suspended
or revoked by the President on
the recommendation of the Board.
(7) The grant of a Charter does
not relieve an institution of
the obligation to operate only
in facilities approved by the
Board or to run only accredited
programmes or courses.
Foreign registration
Foreign registration
21.
(1) An institution qualifies for
foreign registration where the
source of instruction for the
programme of study is outside
this country.
(2) The application shall
(a)
be accompanied with the
prescribed fee; and
(b)
contain particulars relevant to
the application including
(i) contact details of the
representative of the parent
institution in Ghana;
(ii) certificates of
registration from the Registrar-
General's Department;
(iii) particulars of the parent
institution;
(iv) evidence of the
accreditation status of the
parent institution in the home
country;
(v) contractual agreement
between the local representative
and the parent institution;
(vi) outline of academic
programmes intended to be
conducted at the institution;
(vii) resources available or to
be procured including financial
resources, physical facilities
and equipment for proposed
academic programmes;
(viii) documents detailing
operations of the institution in
Ghana including management of
the institution;
(ix) steps that are to be taken
to comply with quality assurance
demands by the Board; and
(x) any other information
requested by the Board.
(3) An application for
registration shall be made to
the Board and may be submitted
by
(a)
a person who is a sponsor of the
institution to be registered or
who intends to be a sponsor of
the institution to be
registered;
(b)
a corporate body having one of
its objects as facilitation of
access to tertiary education; or
(c)
the govering body of a
post-secondary institution.
Assessment of an application by
the Board
22.
(1) On receipt of an
application, the Board shall
assess the application and may
in writing require the applicant
to provide additional
information within the period
specified in the request.
(2) Where an applicant fails to
comply with the request for
additional information, within
the specified time or an
extended period, the application
shall be considered withdrawn
and may only be processed on the
payment of a new application
fee.
(3) The Board shall consider the
following in assessing
an
application:
(a)
the ability of the applicant to
provide the requisite facilities
for the type of programme to
which the application relates;
(b)
the suitability of the premises
and the environment of the
proposed institution;
(c)
the method of operation of the
institution;
(d)
value for money and security
issues; and
(e)
how the institution is to be
managed.
Inspection of premises,
evaluation and grant of
registration
23.
(1) The Board shall within
fourteen days after receipt of
an application for foreign
registration which the Board
considers complete for the
purposes of foreign
registration, constitute an
inspection team composed of
persons determined by the Board
to assess the suit-
ability of the premises for that
institution.
(2) The team shall within
sixteen days after its
constitution con- duct an
inspection of
(a)
the premises,
if any, or of the environment of
the proposed institution;
(b)
the facilities available for the
proposed institution; and
(c)
make an evaluation of the
application.
(3) The team shall, within
fourteen days after the
inspection and evaluation,
submit a written report to the
Board.
(4) The cost of inspection and
the evaluation of the
application shall be borne by
the applicant.
(5) Where the Board is satisfied
that the information in the
application is accurate and
satisfies the Board's
requirements, the Board shall
issue a Certificate of Foreign
Registration as in Form 6 of the
Schedule to the institution.
Refusal of application and
suspension or revocation of
registration
24.
(1) The Board may refuse an
application for foreign
registration where the Board
realises that the applicant is
not likely to procure the
academic, physical and other
resources necessary for the
establishment of the institution
to which the application relates.
(2) The Board may suspend or
revoke a registration if
(a)
the holder of the registration
is unable to establish and
operate the institution within
three years after the grant of
the registration;
(b)
the holder of a registration
which has expired fails to renew
the registration;
(c)
the holder notifies the Board of
its intention not to proceed
with the establishment of the
institution; or
(d)
in the opinion of the Board,
fundamental changes have
occurred and had these changes
been in existence at the time of
the consideration of the
application by the Board,
the application would not have
been granted.
(3) The Board shall not suspend
or revoke a registration unless
the institution has been given
at least six months notice to
rectify the situation and the
institution has failed to do so.
(4) The Board shall, on
suspension of a registration
indicate the steps which the
holder must take before the
application is restored.
(5) The Board shall not consider
a subsequent application by the
same applicant, or in respect of
the same or substantially
similar proposal within two
years after the refusal or
revocation of the registration
unless good cause is shown by
the applicant.
(6) The Board shall publish in
the
Gazette
a notice of suspension or
revocation of a registration.
Miscellaneous provisions
Institutional standards
25.
(1) The Board shall prepare and
publish in the
Gazette
standards to govern the
performance, operation and
general conduct of institutions
authorised to operate under
these Regulations.
(2) Without limiting the scope
of subregulation (1),
institutional standards shall,
in particular, indicate for each
category or kind of institution,
(a)
the minimum entry requirements
for admission to any
certificate, diploma or degree
programme being or to be offered
by the institution;
(b)
the minimum number and duration
of programmes at the
certificate, diploma or degree
levels that ought to be offered;
(c)
the acceptable student-staff
ratio for effective teaching and
learning;
(d)
the standards of proficiency
assessed in terms of content and
contact hours which students are
expected to attain in respect of
a certificate, diploma or degree
programme;
(e)
the level of academic training
required of teaching staff of
the institution at the
certificate, diploma or degree
levels;
(f)
detailed specifications on space
requirements and relevant
services for each class and for
the absolute number of students
expected to be enrolled in, or
activity to be carried out in
the institution;
(g)
the basic ethical standards that
should regulate the conduct of
members of the institution;
(h)
a development plan for the
running of the institution which
embodies
(i) financial projections for
running and maintenance of the
institution;
(ii) a physical development plan
for the institution; and
(iii) a strategic plan for the
institution;
(i)
a statement of the financial
resources, including their
origins, for the exclusive use
of the institution, certified by
a person qualified to practice
as an accountant; and
(j)
an inventory of the physical
facilities including land owned
by and available for the
exclusive use of the
institution.
(3) The Board may indicate the
specific steps to be taken
towards the attainment of the
standards at the request of an
institution.
Application of Regulations to
both public and private
institutions
26. These Regulations apply to
both public and private
institutions, including foreign
institutions operating off-shore
campuses or distance learning
centres in Ghana.
Offences
27. (1) A person shall not
(a)
advertise or continue to
advertise or in any manner hold
itself out to the public as a
tertiary institution;
(b)
admit or continue to admit
students or conduct courses or
programmes of instruction
leading to an award of
certificates, diplomas or
degrees;
(c)
continue to operate as a
tertiary institution where the
institution's accreditation or
registration has been suspended,
revoked or elapsed;
(d)
advertise or continue to
advertise or run a programme in
an unauthorised building; or
(e)
otherwise embark on or continue
with any activity preparatory to
the establishment of facilities
for tertiary education after the
commencement of these
Regulations unless the person or
that institution complies with
these Regulations.
(2) A person or
institution that contravenes a
provision of these Regulations
commits an offence and is liable
on summary conviction to a fine
not exceeding two hundred and
fifty penalty units or to a term
of imprisonment not exceeding
one year or to both.
Appeals
28. A person aggrieved by a
decision of the Board taken
under these Regulations may
(a)
apply to the Board for a review
of the decision of the Board
within thirty days after the
date of being informed of that
decision in the first instance,
and
(b)
appeal to the Minister
subsequently, who may give
orders or instructions that the
Minister considers appropriate.
Publication
29. (1) The Board shall on
(a)
receipt of an application;
(b)
grant of an authorisation;
(c)
grant of an accreditation;
(d)
grant of a Charter by the
President; or
(e)
the registration of a foreign
institution
publish in the
Gazette
and any newspaper or national
publication that it may
determine, notice of the
application, authorisation,
accreditation, grant of a
Charter or registration.
(2) The Board shall publish
(a)
Board decisions of public
interest on specific
institutions;
and
(b)
issues affecting quality
assurance in tertiary education.
Interpretation
30. In these Regulations, unless
the context otherwise requires
"Board" means the National
Accreditation Board established
under section 1 of the National
Accreditation Board Act, 2007
(Act 744);
"Charter" means an assent by the
President for a tertiary
institution to award its own
degrees, diplomas and
certificates;
"foreign registration" means a
process for granting recognition
to an agency or an establishment
providing specific services to
Ghanaians to access tertiary
academic or professional
qualifications from institutions
outside Ghana;
"mentoring institution" means an
accredited degree-awarding
institution with a charter that
supervises an institution
without a charter and awards its
certificates, diplomas and
degrees
for the institution under its
supervision;
"private institution" means any
tertiary institution established
and maintained with funds other
than public funds;
"public funds" means money from
the Consolidated Fund, the
Contingency Fund and other funds
established by an Act of
Parliament;
"public institution" means a
tertiary institution established
and maintained or assisted out
of public funds; and
"standards" means acceptable
norms, practices and quality of
resources available in an
institution.
SCHEDULE
FORM
I
NATIONAL ACCREDITATION BOARD
APPliCATION FUR ESfABLISHMENI'
OF A lERTIARY INSIIlUllON
(Regulation
2 (1) (a))
NB: If any space is
insufficient for the information
required, please provide
additional information on a
separate sheet and where
documents are
needed, certified copies are to
be attached.
1. (a) Name of proposed
institution:
....................................................
.
(b) Physical location (Street
name, House No., nearest popular
building):
(c) Postal address, Telephone or
Fax No., e-mail address:
2. (a) Name of proposed
proprietor:
.........................
- ..........................
.
Highest qualification (if any):
...........................................................
.
(b) Residence/Physical location
(Street Name, House No., nearest
popular building):
Town:
................................................................................................
.
District:
.............................................................................................
.
Region:
..............................................................................................
.
( c) Postal Address
3.
(a) Name of proposed
Principal/Head/President
(b) Residence/Physical location
(Street Name, House No., nearest
popular building:
.gif)