CC 414.110 Federal Act of 4 October 1991 on the Federal Institutes of Technology (FIT Act)

414.110

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Federal Act on the Federal Institutes of Technology

(FIT Act)

of 4 October 1991 (Status as of 1 February 2017)

The Federal Assembly of the Swiss Confederation,

based on Articles 63a paragraph 1 and 64 paragraph 3 of the Federal Constitution1, and having considered the Dispatch of the Federal Council dated 14 December 19872,3

decrees:

  Chapter 1 General Provisions

  Art. 1 Scope

1 This Act applies to the domain of the Federal Institutes of Technology (FIT Domain) comprising the following:

a.
Federal Institute of Technology Zurich (ETHZ);
b.
Federal Institute of Technology Lausanne (EPFL);
c.1
affiliated research institutes.

2 These institutions are subject to federal control.

1 Amended by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).

  Art. 2 Purpose

1 The role of the two federal institutes of technology (FITs) and their affiliated research institutes shall be:

a.
to educate students and specialists in scientific and technical fields and ensure continuing education and training;
b.
to expand scientific knowledge through research;
c.
to foster junior scientific staff;
d.
to provide scientific and technical services;
e.1
to ensure a dialogue with the public;
f.2
to exploit their research findings.

2 They shall take account of the needs of Switzerland.

3 They shall discharge their remit at an internationally recognised level and encourage international cooperation.

4 The guiding principles for teaching and research are respect for the dignity of man, responsibility in the use of natural resources and the environment together with an evaluation of the consequences of technological applications.

1 Inserted by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).
2 Inserted by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).

  Art. 3 Cooperation and coordination

1 The two FITs and their affiliated research institutes shall work with other domestic and foreign education and research institutions. They shall encourage the exchange of students and scientists and the mutual recognition of periods of study and qualifications.

2 For this purpose, they may sign agreements under public and private law.

3 They shall coordinate their activities and participate in efforts at a national level with regard to coordination and planning and in accordance with legislation on support for universities and research. They shall take part in the coordination of higher education policies at national level and share tasks in particularly cost-intensive areas.1

4 FITs shall notify the Swiss Conference of Higher Education Institutions of their average teaching costs per student.2

1 Amended by Annex No II 3 of the Higher Education Act of 30 Sept. 2011, in force since 1 Jan. 2015 (AS 2014 4103; BBl 2009 4561).
2 Inserted by Annex No II 3 of the Higher Education Act of 30 Sept. 2011, in force since 1 Jan. 2015 (AS 2014 4103; BBl 2009 4561).

  Art. 3a1Cooperation with third parties

The two FITs and their affiliated research institutes may set up or hold shares in companies or cooperate in other ways with third parties in order to discharge their remit subject to compliance with their public service agreement and directives from the FIT Board.

1 Inserted by No. I of the Federal Act of 21 March 2003 (AS 2003 4265; BBl 2002 3465). Amended by No. 1.2 of the Federal Act of 17 June 2005 on the 2004 Budgetary Relief Programme, in force since 1 Jan. 2006 (AS 2005 5427; BBl 2005 759).

  Art. 41Structure and autonomy of the FIT Domain

1 The FIT Domain shall report to the Federal Department of Economic Affairs, Education and Research (EAER)2. The FIT Domain is independent in the way it regulates its affairs subject to compliance with this Act.

2 The FIT Board is the strategic management body of the FIT Domain.

3 The two FITs and their affiliated research institutes shall fulfil those responsibilities not expressly assigned to the FIT Board.

1 Amended by No. I of the Federal Act of 21 March 2003, in force since Jan. 2004 (AS 2003 4265; BBl 2002 3465).
2 Term in accordance with No I 9 of the Ordinance of 15 June 2012 (Reorganisation of the Departments), in force since 1. Jan. 2013 (AS 2012 3655). This amendment has been made throughout the text.

  Art. 4a1 Insurance number for old-age and survivors' insurance

The institutions specified in Article 1.1 may use individual insurance numbers for the old-age and survivors' insurance in accordance with the provisions of the Federal Act of 20 December 19462 on the Old-Age and Survivors' Insurance in a systematic way for the purposes of discharging their statutory responsibilities.

1 Inserted by Annex No. 3 of Federal Act of 23 June 2006 (New insurance number for old-age and survivors' insurance) in force since 1 December 2007 (AS 2007 5259; BBl 2006 501).
2 SR 831.10


  Chapter 2 Federal Institutes of Technology

  Section 1 Status and Duties of the FITs

  Art. 5 Autonomy

1 ETH Zurich and EPF Lausanne are autonomous federal institutions established under public law and with their own legal personality.

2 Each is independent in the regulation and administration of its affairs. Each has equal status and the individual characteristics of each shall remain intact.

3 They shall enjoy freedom in terms of teaching, learning and research.

4 …1

1 Repealed by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).

  Art. 6 General objectives

The two FITs shall equip their students to carry out independent work using scientific methods. They shall encourage cross-disciplinary thinking, personal initiative and a willingness to continue in education and training.

  Art. 7 Scientific disciplines

1 The two FITs shall teach and conduct research in engineering sciences, natural sciences, architecture, mathematics and related disciplines.

2 They shall integrate the humanities and social sciences into their activities.

3 They shall encourage cross-disciplinary teaching and research.

  Art. 8 Teaching

1 The two FITs shall discharge their teaching duties in particular by:

a.1
educating students in specialist studies at university level leading to academic titles;
b.
offering the opportunity for doctorates;
c.
providing postgraduate courses and other continuing education;
d.
organising special courses;
e.
offering courses for those returning to the employment market.

2 In order to do this, they shall rely in particular on the research work of the teaching staff.2

1 Amended by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465
2 Inserted by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465)

  Art. 9 Research

1 The two FITs shall discharge their research duties by:

a.
conducting scientific studies;
b.
participating in national and international research projects.

2 They shall take account of the needs of teaching.

  Art. 10 Services

1 The two FITs may take on teaching and research assignments and render other services provided they are compatible with their primary responsibilities in teaching and research.

2 If services can be provided equally well by the private sector, the two FITs shall not distort competition.

  Art. 10a1Quality assurance

1 The two FITs shall review the quality of teaching, research and services at regular intervals are responsible for sustainably maintaining and improving quality.

2 They shall create and operate a quality assurance system under Article 27 of the Higher Education Act of 30 September 20112.

3 They shall obtain institutional accreditation.

1 Inserted by No. I of the Federal Act of 21 March 2003 (AS 2003 4265; BBl 2002 3465). Amended by Annex No II 3 of the Higher Education Act of 30 Sept. 2011, in force since 1 Jan. 2015 (AS 2014 4103; BBl 2009 4561)
2 SR 414.20

  Art. 11 Social and cultural services

1 The two FITs shall establish social and cultural services for the benefit of their members or participate in existing services. They shall introduce measures to facilitate child care.1

2 They may grant scholarships or loans.

3 They shall encourage university sport.2

1 Amended by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).
2 Inserted by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).

  Art. 12 Languages

1 The two FITs shall provide instruction in German, French and Italian and, depending on usage in teaching and research English as well.1

2 The Executive Board may authorise other languages of instruction.

3 The two FITs shall foster national languages and encourage the understanding of associated cultural values.

1 Amended by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).


  Section 2 FIT Members and their Activities

  Art. 13 Definition of member

1 The following are members of the FITs:

a.1
teaching staff (full professors, associate professors, assistant professors, private docents, maîtres d'enseignment et de recherche and lecturers);
b.
assistants, scientific staff and doctoral students;
c.
students and "auditors" admitted to lectures;
d.
administrative and technical staff.

2 The FIT Board may specify other categories of teaching staff.2

1 Amended by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).
2 Amended by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).

  Art. 141Teaching staff

1 Teaching staff shall teach and carry out research independently and on their own authority within the scope of their teaching and research mandate.

2  At the request of either of the two FITs, the FIT Board shall appoint full and associate professors and define their teaching and research fields.

3 At the request of either of the two FITs, the FIT Board shall appoint assistant professors for a maximum of four years. It may reappointment them for one further period of four years. Their employment may be terminated subject to due notice.

4 The Executive Board shall award the status of venia legendi and appoint maîtres d'enseignment et de recherche and lecturers.

1 Amended by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465)

  Art. 15 Assistants1

1 The Executive Board shall employ assistants to perform teaching and research duties for temporary periods. The assistants shall have the opportunity to continue their education through research or attending courses.

2 and 3…2

1 Amended by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).
2 Repealed by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).

  Art. 161Admission

1 The following shall be admitted as students in the 1st semester of the Bachelor's degree cycle:

a.
those with a federal or federally recognised baccalaureate or an equivalent qualification from a Swiss or Liechtenstein baccalaureate school;
b.
those with another qualification recognised by the Executive Board;
c.
those with a degree from a Swiss university of applied sciences or
d.
those who have passed an entrance examination.

2 The Executive Board shall establish the admission requirements and procedure for:

a.
entry to a higher semester of the Bachelor's degree cycle;
b.
the Master's degree cycle;
c.
doctoral studies;
d.
advanced studies programmes; and
e.
attendance of lectures without awarding of credits.

1 Amended by No I of the Federal Act of 28 Sept. 2012, in force since 15 Feb. 2013 (AS 2013 389; BBl 2012 3099).

  Art. 16a1Limits on admission2

1 The FIT Board may, at the request of the Executive Board, limit admission to the Bachelor's degree cycle or to the Master's cycle for students holding foreign qualifications if there is insufficient capacity.The limits may apply to specific fields of study or to the total number of study places available at the federal institute of technology.3

2 The FIT Board may, at the request of the Executive Board, impose limits on admission for all students applying for preparatory course for a Master's cycle in medicine.4

3 Decisions of the FIT Board are published in the Federal Gazette.

4 If admission is limited, then candidates shall be admitted on the basis of their aptitude.

5 The Executive Board shall establish the admission requirements and procedure.

1 Inserted by No I of the Federal Act of 28 Sept. 2012, in force since 15 Feb. 2013 (AS 2013 389; BBl 2012 3099).
2 Amended by No I of the Federal Act of 30 Sept. 2016, in force since 1 Feb. 2017 (AS 2017 151; BBl 2016 3089).
3 Amended by No I of the Federal Act of 30 Sept. 2016, in force since 1 Feb. 2017 (AS 2017 151; BBl 2016 3089).
4 Amended by No I of the Federal Act of 30 Sept. 2016, in force since 1 Feb. 2017 (AS 2017 151; BBl 2016 3089).

  Art. 171Terms of employment

1 The Federal Council shall regulate the terms of employment and occupational pension scheme of full-time members of the FIT Board, the President of ETHZ, the President of EPFL and Directors of affiliated research institutes in accordance with the Federal Personnel Act of 24 March 20002 and the Federal Act of 23 June 20003 on the Federal Pension Fund.

2 The terms of employment for staff are based on the Federal Personnel Act of 24 March 2000, unless otherwise stipulated in this Act.

3 If required by the specific needs of teaching and research and subject to compliance with Article 6 paragraph 5 of the Federal Personnel Act of 24 March 2000, the FIT Board may issue rules under private law regulating the terms of employment of professors; these rules require the approval of the Federal Council.

4 In exceptional and justifiable cases, the FIT Board may approve the appointment of professors above the age limit specified in Article 21 of the Federal Act of 20 December 19464on the Old-Age and Survivors' Insurance.

5 Staff are insured with the Federal Pension Fund (PUBLICA). Within the FIT Domain, the FIT Board is the employer as defined in the PUBLICA Act of 20 December 20065.6

1 Amended by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).
2 SR 172.220.1
3 [AS 2001 707, 2004 5265, 2006 2197 Annex No 13, 2007 2821. AS 2007 2239 Art. 27]. Now see the PUBLICA Act of 20 Dec. 2006 (SR 172.222.1).
4 SR 831.10
5 SR 172.222.1
6 Amended by Annex No 2 of the Federal Act of 14 Dec. 2012, in force since 1 July 2013 (AS 2013 1493; BBl 2011 6703).

  Art. 17a1Teaching Assignments

1 External lecturers shall be employed on the basis of an employment contract in accordance with the Swiss Code of Obligations2 unless agreed otherwise.

2 The employment contract may be concluded for a series of fixed terms, each of limited duration. However, the total period of employment may not exceed five years. If this five-year period is exceeded, the employment contract shall be regarded as one of unlimited duration.

3 The two FITs and their affiliated research institutes shall regulate the remuneration payable for teaching assignments.

1 Inserted by No. I of the Federal Act of 5 October 2007, in force since 1 Aug. 2008 (AS 2008 431; BBl 2007 1223).
2 SR 220

  Art. 17b1Duration of employment

1 Employment shall be for an unlimited duration unless a limited period is indicated on the employment contract.

2 Employment may be renewed for a limited period for:

a.
assistant professors for a maximum of eight years;
b.
assistants, senior assistants and other employees carrying out a similar function for a maximum period of six years; if an assistant is promoted to a senior assistant position, the years spent working as an assistant are not taken into account;
c.
employees hired to work on teaching and research projects as well as persons hired to work on third party-funded projects, for a maximum period of nine years;
d.
all other employees for a maximum period of five years.

1 Inserted by Annex No 2 of the Federal Act of 14 Dec. 2012, in force since 1 July 2013 (AS 2013 1493; BBl 2011 6703).

  Art. 181Scientific publications

Scientific publications must list all those who have made a scientific contribution.

1 Amended by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).

  Art. 19 Academic titles, venia legendi and certificates

1 The two FITs shall confer:

a.
diplomas;
abis.1
bachelor and master degrees;
b.
doctorates;
c.
venia legendi.

2 The FIT Board may create other academic titles.

3 The two FITs may issue references and certificates.

1 Inserted by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).

  Art. 20 Titular professors and honorary doctors

1 The FIT Board may confer the title of professor on private docents, maîtres d'enseignement et de recherche and lecturers of particular merit.1

2 The two FITs may confer the title of honorary doctor on persons who have rendered particular service to science.

1 Amended by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).


  Chapter 3 Affiliated Research Institutes

  Art. 21 Autonomy and duties

1 Research institutes are autonomous bodies of the Confederation established under public law and with their own legal persona.

2 They shall conduct research within their specified field and render scientific and technical services.

3 In as much as they are able, research institutes shall be available to universities for the purpose of teaching and research.

  Art. 221Establishment and closure

Research institutes may be established or closed by Federal Assembly ordinance.

1 Amended by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).

  Art. 23 Applicable law

In the absence of any separate statutory provision relating to affiliated research institutes, the provisions relating to the two FITs shall apply analogously.


  Chapter 4 Organisation

  Section 1 FIT Board

  Art. 241Composition

1 The Federal Council shall elect the following members of the FIT Board for a term of four years:

a.
the President;
b.
the Vice-President;
c.
a director from a Research Institute;
d.
a member nominated by the ETHZ and EPFL Senates;
e.
five other members.

2 Re-election is permitted.

3 The President of ETHZ and EPFL are ex officio members of the FIT Board.

4 The FIT Board may set up committees.

1 Amended by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).

  Art. 25 Duties

1 The FIT Board shall:

a.
define the strategy of the FIT Domain within the scope of its performance mandate;
b.
represent the FIT Domain in dealings with federal authorities;
c.
issue rules and regulations on the financial control process and carry out strategic financial controls;
d.
approve the development plans for the FIT Domain and monitor their implementation;
e.1
carry out recruitment and elections falling under its responsibility;
f.
supervise the FIT Domain;
g.2
be responsible for coordination and planning in accordance with the Higher Education Act of 30 September 20113;
h.
issue its own rules of procedure;
i.
discharge other tasks assigned to it by virtue of this Act.4

2 The FIT Board shall submit applications and proposals to the WBF on matters relating to the FIT Domain. If the WBF plans to deviate from proposals submitted by the FIT Board or if it presents its own proposals, it shall consult the FIT Board.

3 The Board shall inform the two FITs and their affiliated research institutes of issues relating to them.

1 Amended by Annex No 2 of the Federal Act of 14 Dec. 2012, in force since 1 July 2013 (AS 2013 1493; BBl 2011 6703).
2 Amended by Annex No II 3 of the Higher Education Act of 30 Sept. 2011, in force since 1 Jan. 2015 (AS 2014 4103; BBl 2009 4561).
3 SR 414.20
4 Amended by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).

  Art. 261President of the FIT Board

1 The President of the FIT Board shall direct the activities of the FIT Board and take decisions assigned to the President under the rules of procedure.

2 The President shall represent the FIT Domain in its dealings with third parties.

1 Amended by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).

  Art. 26a1Advisory council

The FIT Board may appoint a scientific advisory council.

1 Inserted by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).

  Art. 26b1Staff

The FIT Board shall have its own administrative staff.

1 Inserted by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).


  Section 2 Federal Institutes of Technology (FITs)

  Art. 27 Structure

1 Both ETHZ and EPFL comprises an Executive Board, a Senate, central bodies and teaching and research units.

2 The FIT Board shall define the principles governing the structure of ETHZ and EPFL.1

3 …2

1 Amended by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).
2 Repealed by Annex No 2 of the Federal Act of 14 Dec. 2012, with effect from 1 July 2013 (AS 2013 1493; BBl 2011 6703).

  Art. 281

1 The President of the ETHZ or EPFL is appointed by the Federal Council at the proposal of the FIT Board. The term of office is four years. Reappointment is possible.

2 Appointment and non-reappointment take place at the discretion of the electoral authority. The decision not to reappoint must be announced four months in advance. The appointed person may under Article 14 paragraph 2 letter d of the Federal Personnel Act of 24 March 20002 seek to terminate employment at the end of each month as long as the four-month period of notice is adhered to.

3 The Federal Council regulates the requirements for payment of compensation in the case of involuntary termination of employment and in the case of termination by mutual consent.

4 The other members of the ETHZ Executive Board and the EPFL Executive Board are appointed by the FIT Board. The managerial function may be formalised in a separate contract to be added as a schedule to an existing employment contract. The employment contract may include a provision for ordinary termination in order to ensure the continuation of functional management. Grounds for ordinary termination may also be the discontinuation of constructive cooperation with the President of the ETHZ or EPFL.

5 The FIT Board issues implementing provisions for paragraph 4. In these, it shall establish the requirements for payment of compensation in the case of involuntary termination of employment and in the case of termination by mutual consent.

6 The amount of compensation shall correspond to no less than one month's salary and no more than one year's salary.

7 Paragraphs 1-6 apply as appropriate for members of the management boards of research institutes.

1 Amended by Annex No 2 of the Federal Act of 14 Dec. 2012, in force since 1 July 2013 (AS 2013 1493; BBl 2011 6703).
2 SR 172.220.1

  Art. 29 President of ETHZ or EPFL

1 The President of the ETHZ or EPFL has overall responsibility for management of the corresponding FIT. The President reports to the FIT Board.

2 The President of the ETHZ or EPFL is responsible for any FIT-related issue not specifically assigned to another body.

  Art. 301Conference of teaching staff

1 The Conference shall comprise representatives from the teaching staff. The Conference shall advise the Executive Board on issues relating to the teaching staff as a whole.

2 Members of the teaching staff shall determine the election procedure and rules of procedure of the Conference.

1 Amended by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).

  Art. 31 FIT Senate

1 ETHZ and EPFL shall each have a Senate in which all groups of members are equally represented.

2 The ETHZ Senate and EPFL Senate are each entitled to present motions on:

a.
legal instruments issued by the FIT Board or its subordinate bodies regarding the federal institute of technology concerned;
b.
budgeting and planning and the creation/abolition of teaching and research units within the federal institute of technology concerned;
c.
structural and participation issues.

3 The ETHZ Senate and the EPFL Senate shall submit comments to the FIT Board regarding the Annual Report submitted by the President of the federal institute of technology concerned; they shall furthermore monitor participation and issue their own rules of procedure. The FIT Board may issue orders granting each Senate additional responsibilities.1

4 Motions from the ETHZ or EPFL Senate requiring a decision by a higher-level body shall be transmitted to the latter via its corresponding Executive Board. The ETHZ or EPFL Senate may arrange for its motions to the FIT Board to be argued by a representative.

5 Each Executive Board and the FIT Board shall take decisions of general interest to the federal institute of technology concerned in consultation with the corresponding Senate and relevant groups of ETHZ and EPFL members.

1 Second sentence amended by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).

  Art. 32 Participation rights

1 Representatives of all groups of ETHZ or EPFL members affected by an issue shall participate in:

a.
the opinion-forming and pre-decision process, in particular with regard to issues relating to the teaching, research and planning within the federal institute of technology concerned;
b.
decisions on issues concerning their teaching and research units.

2 Each Executive Board shall provide comprehensive information to the members of the federal institute of technology concerned. The latter together with alumni organisations may submit proposals to any body.

3 Teaching and research units shall be run by bodies made up of representatives from the relevant groups of ETHZ and EPFL members.

4  In addition, the FIT Board shall regulate the scope of participation and its format.1

1 Amended by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).


  Chapter 54  Performance Mandate and Finance

  Art. 33 Performance mandate

1 The Federal Council shall present a four-year performance mandate for the FIT Domain to the Federal Assembly for approval.

2 The performance mandate shall define the main priorities and objectives of the FIT Domain in the areas of teaching, research and services for the period covered by the performance mandate. The performance mandate shall reflect the general scientific strategy of the Confederation and the strategic objectives of the FIT Domain.

3 In terms of both time and content, the performance mandate shall accord with the budgets of the Confederation.

4 The performance mandate shall specify the methods and criteria for the monitoring of objectives and the principles under which funds are allocated to the two FITs and their affiliated research institutes.

5 In the event of major unforeseeable circumstances, the Federal Council may amend the performance mandate during its validity subject to prior consultation with the competent legislative committees.

  Art. 33a Implementation

The FIT Board shall conclude agreements on operational objectives with the two FITs and their affiliated research institutes and distribute funds allocated by the Confederation; in this respect, it shall rely in particular on budgets prepared by the two FITs and their affiliated research institutes.

  Art. 34 Reporting

1 At the end of the period covered by a performance mandate, the FIT Board shall submit a report on its discharge to the Federal Council. This report shall require the approval of the Federal Assembly.

2 Moreover, the FIT Board shall include in its annual report to the Federal Council an update on the discharge of its performance mandate. The Federal Council shall inform the Federal Assembly.

  Art. 34a Evaluation and measures

The Department shall evaluate the extent to which the performance mandate has been discharged and if necessary propose appropriate measures to the Federal Council. The Department shall submit an interim report to the Federal Assembly on the discharge of the performance mandate together with a proposal for the next performance period.

  Art. 34b Financial contribution by the Confederation

1 The Federal Council shall propose a funding limit to the Federal Assembly. This amount shall cover the operational and investment needs of the FIT Domain.

2 The Federal Assembly shall then determine the funding limit for the four-year period.

3 This financial contribution is independent - in both amount and purpose - of third-party funding secured by the two FITs or affiliated research institutes.

  Art. 34c Third-party funding

1 The two FITs and their affiliated research institutes may use funds from third parties provided that that they are compatible with their remit.

2 The FIT Board shall issue rules and regulations on the management of these funds.

  Art. 34d Fees

1 The two FITs and their affiliated research institutes shall charge fees for their services.

2 Tuition fees shall be calculated in a socially acceptable way.

3 The FIT Board shall issue a schedule of fees.

4 For services, the two FITs and their affiliated research institutes shall charge fees compatible with market rates.

  Art. 34e Other charges

1 The two FITs and their affiliated research institutes may allow member organisations to charge reasonable, socially acceptable fees for services provided in the interests of the two FITs, their affiliated research institutes or their members. Fees shall be listed in rules approved by the two FITs or their affiliated research institutes as applicable.

2 The two FITs may charge students and doctoral candidates a socially acceptable sum for the use of sports facilities.

  Art. 351Budget and financial statements

1 The FIT Board shall establish a year budget and annual report for the federal institutes of technology domain.

2 The annual report will contain a status report and annual accounts of the FIT Domain, including:

a.
balance sheet;
b.
profit and loss account;
c.
cash flow statement;
d.
investment appraisal;
e.
equity statement;
f.
annex.

3 The FIT Board shall submit the revised annual report to the Federal Council for approval.

1 Amended by No I of the Federal Act of 28 Sept. 2012, in force since 1 Jan. 2015 (AS 2013 389; BBl 2012 3099).

  Art. 35a1Financial reporting

1 Financial reporting for the FIT Domain will provide a reliable overview of the asset, financial and income situation.

2 Financial reporting shall be based on the principles of materiality, completeness, clarity, consistency, presentation of gross figures and shall be drafted in accordance with generally recognised standards.

3 The accounting principles and practices underpinning the accountancy and assessment rules must be presented in the annex of the balance sheet.

4 Business accounting must be prepared in such a way as to enable ascertainment of the income and expenses for each service.

5 The Federal Council may issue financial reporting rules.

1 Inserted by No I of the Federal Act of 28 Sept. 2012, in force since 1 Jan. 2015 (AS 2013 389; BBl 2012 3099).

  Art. 35abis1Financial supervision

1 The FIT Board shall establish a finance inspectorate.

2 The FIT Board shall issue rules on the exercise of financial supervision within the FIT Domain in consultation with Swiss Federal Audit Office.

3 The accounts of the FIT Domain shall be audited by the Swiss Federal Audit Office.

1 Originally Art. 35a.


  Chapter 6 Real Estate and Intellectual Property Rights5 

  Art. 35b1Real estate

1 The Federal Council shall regulate the use of real estate owned by the Confederation.

2 The FIT Board shall coordinate the management of real estate and ensure that both value and function are maintained.

1 Inserted by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).

  Art. 361Intellectual property rights

1 With the exception of copyright, all other rights to intellectual property created during the official duties of persons in an employment relationship as defined in Article 17 shall belong to the two FITs and their affiliated research institutes.

2 The exclusive right to use computer programs created by persons in the course of their official duties in an employment relationship as defined in Article 17 shall rest solely with the two FITs and their affiliated research institutes. The two FITs and their affiliated research institutes may enter into binding arrangements with the holders of other categories of copyright for the assignment of those rights.

3 Persons who have created intellectual property as defined in Clauses 1 and 2 shall be entitled to an adequate share in profits generated by its exploitation.

4 The FIT Board shall issue rules on the implementation of the above and these shall require the approval of the Federal Council.

1 Amended by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).


  Chapter 6a6  Data processing

  Art. 36a Personnel information systems

1 The FIT Board, the two FITs and their affiliated research institutes shall each maintain a personnel information system, in which particularly sensitive personal data and personality profiles may also be processed. The FIT Board may delegate the processing of its data in a personnel information system to the ETHZ, the EPFL or an affiliated research institute.

2 These personnel information systems shall be used to perform the tasks set forth in the Federal Personnel Act, in particular:

a.
the administration of personal data relating to employees and management of these data;
b.
the processing of salary data and conducting of evaluations, budget simulations and personnel cost planning;
c.
the integration of data management in the financial and accounting management system;
d.
the administration of relevant data for manger training and development.

3 The following categories of data shall be processed in personnel information systems, if required for performance of the tasks mentioned in para. 2 above:

a.
mother tongue and date of birth;
b.
nationality;
c.
position and salary, number of years of experience, and non-wage benefits;
d.
all information required to apply withholding tax;
e.
all information required to implement the Family Allowances Act of 24 March 20061;
f.
parental leave;
g.
public offices held and secondary employment;
h.
any medical examinations required to ensure occupational health and safety and their results;
i.
working hours, including all manner of absences;
j.
behavioural and technical skills as well as training;
k.
assessment level, based on performance assessment, as well as rating given to performance assessment;
l.
data on personnel development, particularly manager training and development as well as assessment of potential;
m.
arrestment of wages, divorce decrees, extracts from the criminal and debt enforcement registers, offsetting of salary payments against debts owed to employer;
n.
reduction of working capacity;
o.
retirement due to illness;
p.
claims filed under social insurance legislation;
q.
reasons for departure;
r.
other data mentioned in the implementing provisions.

4 The FIT Board, the two FITs and their affiliated research institutes shall gather data on their employees. They are responsible for data protection and security.

5 The personnel office, the finance office and the technical support office shall each receive access within their respective institution to the personnel information system, if required for performance of their tasks.

6 The FIT Board shall issue implementing provisions regarding:

a.
the structure and operation of the personnel information systems;
b.
the processing of data, particularly the capture, storage, communication, archiving and destruction;
c.
data processing permissions;
d.
the data catalogue;
e.
data security and data protection;
f.
the communication of non-sensitive data from the information systems to organisations and persons outside the FIT Domain through request procedures.

1 SR 836.2

  Art. 36b Study administration systems

1 Both the ETHZ and EPFL shall administer an information system on prospective students, undergraduate and graduate students, doctoral students and auditors in which particularly sensitive personal data and personality profiles may be processed.

2 These information systems are used for:

a.
admission of prospective students to study programmes and enrolment;
b.
identifying students and monitoring progress in their studies;
c.
certifying the obtaining of credits, the issue of qualifications and the awarding of academic titles;
d.
providing services relating to studies;
e.
planning and generating statistics.

3 The following data in particular shall be processed in the information systems: personal data, enrolment data, field of study, course of studies, examination results, credits, qualifications and academic titles, scholarships/grants and fees paid as well as disciplinary and other administrative procedures.

4 Data may be administered exclusively in electronic form. In this case, documents in hardcopy form are either returned or destroyed once the data has been entered into the information system.

5 The data contained in the information systems, if required for performance of the tasks mentioned in paragraph 2 above, may be disclosed through a request procedure. Particularly sensitive data and personality profiles may only be disclosed through a request procedure to authorised employees working for student administration within the ETHZ or EPFL.

6 The ETHZ and EPFL shall issue implementing provisions on:

a.
the data contained in their respective information systems;
b.
the processing of data, particularly the capture, storage, communication, archiving and destruction;
c.
the use of data;
d.
data processing permissions;
e.
access permissions within the ETHZ or EPFL;
f.
the communication of non-sensitive data from the information systems to organisations and persons outside the ETHZ or EPFL through request procedures.

  Chapter 7 Rights of Appeal and Criminal Provisions7 

  Art. 371Rights of appeal

1 The appeals procedure shall comply with the general provisions on the administration of federal justice, unless stipulated otherwise in this Act.

2 The FIT Board, the two FITs and their affiliated research institutes shall have a right of appeal against decisions made on appeal if they ruled at first instance on the case. The ETHZ Senate and the EPFL Senate each have a right of appeal if the contested rulings relate to matters on which they have shared decision-making powers.

3 Rulings issued by the two FITs and their affiliated research institutes may be appealed to the FIT Appeals Commission. Excluded from the foregoing are rulings that are based on the Government Liability Act of 14 March 19582.3

4 If the appeal relates to the results of examinations or doctorates, the results may not be challenged on the grounds that they are unreasonable.

1 Amended by Annex No.36 of the Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202)
2 SR 170.32
3 Amended by No. II of the Federal Act of 25 Sept. 2009, in force since 1 March 2010 (AS 2010 651 658; BBl 2009 469).

  Art. 37a1FIT Appeals Commission

1 The FIT Board shall elect the seven members of the FIT Appeals Commission, whereby at least four must be members of the FIT Domain.

2 Each member is elected for a term of four years; re-election is permitted.

3 Members shall be independent in the exercise of their duties and subject only to the rule of law.

4 For administrative purposes, the Commission shall report to the FIT Board; it shall have its own secretariat.

5 The FIT Board shall issue the rules of procedure for the Appeals Commission. In particular, the FIT Board shall regulate the jurisdiction of the Chairman in urgent cases and in cases of lesser importance, together with the formation of panels with independent decision-making powers.

1 Inserted by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).

  Art. 38 Protection of the «FIT» title

1 Any person who:

a.
claims to be a lecturer of an FIT without being appointed as such;
b.
uses an FIT title that has not been conferred on him or her;
c.
uses a title that gives the impression that it was conferred on him or her by an FIT

shall be liable to a fine.1

2 The prosecuting authority is the canton.

1 Amended by Article 333 of the Swiss Criminal Code (SR 311.0) in the version of the Federal Act of 13 December 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979).


  Chapter 88  Final Provisions

  Section 1 Supervision and Implementation Provisions9 

  Art. 39 …1

1 The Federal Council shall exercise ultimate supervision over the two FITs and their affiliated research institutes.

2 The Federal Council shall issue the relevant implementation provisions. It may delegate the regulation of details to the FIT Board.

3 The Federal Council may conclude international treaties within the scope of this Act and approved credits.

4 The Federal Council shall consult the FIT Board before issuing implementation provisions and signing agreements under international law. Personnel associations shall be consulted before service regulations are issued.

1 Repealed by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).


  Section 2 Amendment of Current Legislation10 

  Art. 40 Repeal and amendment of current legislation1

1 The following are repealed:

1.
The Federal Act of 7 February 18542 on the Establishment of a Federal Polytechnic.
2.
The Federal Act of 11 December 19643 on the responsibility for determining the payments made by the Confederation to former professors of the federal institutes of technology and their survivors.
3.
The Federal Decrees of 24 June 19704, 20 June 19755, 21 March 19806 and 26 June 19857 on the Federal Institutes of Technology (transitional provisions).

2 The following are amended as follows:

…8

1 Amended by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).
2 [BS 4 103; AS 1959 535, 1970 1089 Art. 17; 1979 114 Art. 70]
3 [AS 1965 417]
4 [AS 1970 1089, 1975 1759, 1980 886, 1991 2276]
5 [AS 1975 1759]
6 [AS 1980 886]
7 [AS 1985 1452]
8 The amendments may be consulted under AS 2003 4265.


  Section 311  Transitional Provisions relating to the Amendment of 21 March 2003

  Art. 40a Transfer to new terms of employment

The FIT Board may terminate the tenure of full and associate professors on a date to be decided by the Board and regulate their transfer to the new terms of employment. These transitional rules shall require the approval of the Federal Council.

  Art. 40b Transfer to the Federal Pension Fund

1 Full and associate professors appointed prior to 1 January 1995, including those already in retirement and their survivors, shall be insured with the Federal Pension Fund from the commencement date of this Act.

2 Current pension payments and pensions paid to survivors shall remain unchanged. Reversionary pensions payable to survivors and adjustments for inflation shall be based on the provisions applicable to the Federal Pension Fund.

3 The Confederation shall be responsible for the mathematical reserves required to transfer the insured to the Federal Pension Fund.

4 The Federal Council shall determine the transfer procedure and the required mathematical reserves.

  Art. 40c Transfer of movable property

The Federal Council shall issue an ordinance indicating the date on which the ownership of movable property is transferred to the two FITs and their affiliated research institutes.

  Art. 40d Transitional provisions on appeal procedures

1 The FIT Board shall issue rules of procedure for the FIT Appeals Commission within one year of the commencement date of this Act.

2 Until these rules of procedure come into force, the FIT Board shall remain responsible for the appeal process specified in Article 37 paragraph 1.

3 As soon as these rules of procedure come into force, appeals pending before the FIT Board shall be transferred to the jurisdiction of the FIT Appeals Commission.


  Section 3a12  Transitional Provisions to the Amendment of 5 October 2007

  Art. 40e

Article 17a applies to all external teaching assignments issued from 5 October 20071, the date on which the Amendment to this Act comes into force. All external teaching assignments issued before 5 October 2007 must be adjusted by the start of the following semester.

1AS 2008 431


  Section 3b13  Transitional Provisions for 2012

  Art. 40f Funding limit in accordance with Article 34b

1 In derogation from Article 34b paragraph 2, the Federal Assembly shall extend the duration of the existing funding limit for 2008-2011 by one year in order to include 2012.

2 The existing funding limit will be replenished in accordance with the performance mandate.

  Art. 40g Performance mandate in accordance with Article 33

1 The performance mandate for 2008-2011 in accordance with Article 33 shall be extended by one year and continues to apply in 2012.

2 It may be amended and added to.

3 The agreements on operational objectives for 2008-2011 concluded between the FIT Board and the two FITs and their affiliated research institutes on the basis of Article 33a shall also apply in 2012. The FIT Board may add to the agreements.

  Art. 40h Election of the FIT Board in accordance with Article 24

In derogation from Article 24 paragraph 1, the Federal Council shall elect the members of the FIT Board on 1 January 2012 for a five-year term of office.


  Section 3c14  Transitional Provision to the Amendment of 14 December 2012

  Art. 40i

Current terms of office for other members of management boards (Art. 28 para. 4) shall end with issue of a new employment contract, but no later than one year after commencement of the amended Article 28.


  Section 4 Referendum and Commencement15 

  Art. 41 …1

1 This Act is subject to an optional referendum.

2 The Federal Council shall determine the commencement date.

1 Repealed by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).

Commencement date: 1 February 199316

 AS 1993 210

1 SR 1012 BBl 1988 I 7413 Amended by No. I of the Federal Act of 17 June 2011, in force since 15 Nov. 2011 (AS 2011 4789; BBl 2011 757).4 Amended by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).5 Inserted by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).6 Inserted by Annex No 2 of the Federal Act of 14 Dec. 2012, in force since 1 July 2013 (AS 2013 1493; BBl 2011 6703).7 Inserted by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).8 Originally chapter 69 Inserted by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).10 Inserted by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).11 Inserted by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).12 Inserted by No. I of the Federal Act of 5 Oct. 2007, in force since 1 Aug. 2008 (AS 2008 431; BBl 2007 1223).13 Inserted by No. I of the Federal Act of 17 June 2011, in force since 15 Nov. 2011 (AS 2011 4789; BBl 2011 757).14 Inserted by Annex No 2 of the Federal Act of 14 Dec. 2012, in force since 1 July 2013 (AS 2013 1493; BBl 2011 6703).15 Inserted by No. I of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).16 Federal Council Decree of 13 Jan. 1993.

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