Legislations of the Supreme
Council of Seminaries, Legislations of the year 1388 [2009]
Legislation 617
– Bylaws for establishment and dissolution of seminary specialization
centers
Prelude:
In order to implement the 3rd and 7th clauses
of article 3 of legislation 427 of the Supreme Council of the Seminaries
[Shoray-e ‘Aali-e Hozeh-haye Elmieh], the explanation of responsibilities,
authority of the Expansion Council, and the bylaws of specialization
centers are codified according to the following:
CHAPTER 1: Definitions
Article 1.
The terms with the following definitions are to be used in these bylaws:
A. Specialization center: An
education center that offers one of the needed specialties with its
relevant emphases.
B. Founder or founding board:
Real person(s) or legal entity or entities who are applicants for establishing
a specialization center.
C. Agreement in principle:
Agreement in principle with establishing a center.
D. Temporary license: Agreement
with the temporary establishment of the center for one to three years.
During this time, students may be accepted and degree courses offered.
E. Permanent license: Permission
for the permanent activity of the center.
F. Cessation of enrollment:
Ceasing to accept new students until resolution of the deficiencies.
G. Cessation of activities:
Ceasing the educational activities of the center and arranging for the
transfer of the students to other educational centers, until re-establishment
of the conditions for continuation.
H. Dissolution: Revocation
of the agreement in principle and the termination of the center’s
activities.
CHAPTER 2: Foundation of
the Center
First Topic: Applicant
Article 2. An
applicant for establishing a specialization center must meet the following
conditions:
1. Belief and obligation to
the Rule of Jurisprudence [Velayat-e Faqih] and loyalty to the
sacred system of the Islamic Republic.
2. Having a virtuous history
and being trusted by the people.
3. Ability to provide the location,
furnishings, and financing of the center.
4. Ability to recruit an academic,
pedagogical, and administrative staff that is sufficient for the capacity
and duration of the academic term of the center, consistent with the
relevant conditions and criteria.
5. Being a seminary scholar
with education level of at least four.
Clause 1: In case the applicant
does not have an official seminary degree, his academic qualifications
(at least to the fourth level) must be validated by the Expansion Council.
Clause 2: In case the founder
is itself a legal entity, in addition to meeting the above conditions
(except condition number 5), it must have an educational, research,
or advertising character. It must be registered by a relevant authority,
and in accordance with its charter or the decision of its governing
board, it may establish seminary centers(1).
Article 3.
If managing centers of the seminary wish to establish a specialization
center, they must abide by these bylaws and related directions.
Second Topic: Stages of
Establishment
Article 4.
Considering the conditions described in these bylaws, a specialization
center may be established in three stages according to the following:
1. Agreement in principle
2. Temporary license
3. Permanent license
Article 5.
The management center and expert committee of the Expansion Council
will consider the application submitted to the council based on the
official policies and legislated criteria of the council. They
will forward the application to the Expansion Council for approval.
Article 6.
Criteria for awarding an ‘agreement in principle’ include:
1. Determining the necessity
for establishment, based on the policies of the Supreme Council of the
Seminaries.
2. Presence of a legal or real
entity who meets the criteria as founder.
3. The ability to build the
center or provide a suitable location as an endowment or registered
establishment in the name of the seminary under the supervision of the
Supreme Council of the Seminaries.
4. The ability, by the founder,
to cover the cost providing the facilities for the center and running
the center, according to the given instructions.
5. Ability to recruit an academic,
pedagogical, and administrative staff that is sufficient for the capacity
and duration of the academic term of the center, equivalent to the relevant
conditions and criteria.
Clause 1. The endowment
agreement should not contain conditions that are incommensurate with
laws of the Supreme Council of the Seminaries.
Clause 2. In the case
of special and specific locations, action will be taken according to
the relevant instructions.
Article 7.
In case the applicant does not initiate the process of conversion of
the ‘agreement in principle’ to the ‘temporary license’ within
two year, the ‘agreement in principle’ will be voided.
Article 8.
In case it is deemed necessary by the committee on specialized educational
centers, an extra year may be granted for the conversion of the ‘agreement
in principle.’
Article 9.
If the one-year period also passes, and still the ‘agreement’ has
not been converted, the Expansion Council will act towards revoking
the ‘agreement in principle.’
Article 10.
Conditions for granting a ‘temporary license’ are the following:
1. Providing an appropriate
location for the center.
2. Introduction of a board
of trustees, director, deputies, and teachers for the center.
3. Furnishing the center and
providing the basic educational and administrative amenities for the
center.
4. Providing the conditions
described in the bylaws and directions for organization of majors and
specialties.
Clause 1. Using a rented or
owned property as the location of the center during the period of the
‘temporary license’ is permitted with the discretion of the
Expansion Council.
Clause 2. In case it
is not possible to introduce a director who meets all the necessary
criteria, a member of the clergy with managerial skills may be selected
by the board of trustees as supervisor for a maximum period of one year.
Clause 3. Regarding specialization
centers for sisters, in cases where appointing a sister supervisor is
not possible, the use of a male supervisor is permitted for one year;
this is contingent upon the presence of a mahram
[a female relation of the supervisor] to act as go-between, and after
confirmation of the center.
Article 11.
In case the applicant does not act to convert the ‘temporary license’
to a ‘permanent license’ within the allotted period, the center
can no longer accept students.
Article 12.
From the time when a ‘cessation of enrollment’ is issued, if the
center has not submitted the necessary documents within a year, the
Expansion Council will act to revoke the ‘agreement in principle.’
In this case, the management centers must arrange for the transfer of
the seminary students of the center to other institutions.
Clause 1. After cancellation
of the ‘agreement in principle,’ disbanding of the center will
proceed according to these bylaws and the associated criteria.
Clause 2. After ratification
of the dissolution, in case the necessary documentation is produced,
the applicant must re-apply to obtain the ‘agreement in principle’
and the ‘temporary license.’
Article 13.
A ‘permanent license’ will be granted by the Expansion Council for
the center upon the request of its founder. The license is granted based
on a performance evaluation of the center according to the bylaws and
directions legislated by management centers.
Article 14.
After receiving the ‘permanent license,’ offering different levels
[of seminary education] is dependant upon success at the current level,
as determined by the established criteria and upon receiving permission
from the Expansion Council.
Clause. Several different
levels may be offered concurrently in cases where the proficiency of
the center has been confirmed by the Expansion Council.
CHAPTER THREE: Cessation
of activities and Dissolution of the Center
Article 15.
Management centers have an overseeing function over the specialization
centers, based on the legislated criteria. In case conditions
arise for dissolution of a center, and after issuing a warning to the
responsible officials at the center, management centers will submit
a request for ‘cessation of activities,’ or if necessary, for ‘dissolution,’
for the Expansion Council to issue a final verdict.
Article 16.
Considering the conditions described in these bylaws, ‘dissolution’
of specialization centers will proceed in three stages according to
the following:
1. Cessation of acceptance
2. Cessation of activities
3. Dissolution
Article 17.
Some of the following conditions will lead to a cessation of activities
and dissolution:
1. Failure to follow the policies
of the Supreme Council of the Seminaries
2. Failure to provide an appropriate
quality of education and training
3. Failure to provide an appropriate
academic and executive staff for the center
4. Failure to provide appropriate
finances for the center
5. Request from the board of
trustees
Article 18.
In case a center meets the conditions for dissolution, management centers
must begin the process of ‘cessation of enrollment’ of new students
in all areas of study for a period of one year.
Clause: In case these
deficiencies continue, management centers may prolong the period of
cessation of enrollment for another year.
Article 19.
Upon a request from the board of trustees and agreement from the Expansion
Council, a center may be directly dissolved without the need to go through
the ‘cessation of enrollment’ and ‘cessation of activities’
stages.
Clause: The Expansion
Council can arrange the conditions for the center to continue its activities
by replacing the founder or changing the name of the center.
Article 20.
During the period of ‘cessation of enrollment,’ the board of trustees
is obliged to follow the given instructions; otherwise, the Expansion
Council will initiate the ‘cessation of activities’ process.
Article 21.
If, after one year, the board of trustees does not provide the conditions
for the continuation of the activities, the center will be dissolved
according to the ratified instructions.
Article 22.
In case of ‘cessation of activities’ or ‘dissolution,’ the management
centers must arrange for the transfer of students to other educational
institutions.
Article 23.
In case a center is dissolved, the founder or founding board must take
the following actions:
1. All the responsibilities
towards seminary students, up until completing their education and graduation,
must be fulfilled in a satisfactory way and in accordance with the relevant
criteria.
2. All privileges and property
— movable as well as stationary — that have been provided for the
center’s use from governmental and non-governmental sources must be
returned to the management center after all accounts are settled.
3. All responsibilities towards
governmental and non-governmental organizations and legal and real entities
(including faculty and staff) must be fulfilled.
Article 24.
After fulfilling the requirements mentioned in article 23, and resolving
the legal and educational affairs of the center, a settlement committee
will be formed to dissolve the center in accordance with the proper
laws. This committee will be made up of the following people:
1. Two representatives from
the management centers.
2. The founder or his representative,
or a representative of the founding board.
Article 25.
Any changes to these bylaws will be made by recommendation from the
Expansion Council and through ratification of the Supreme Council of
the Seminaries. Related rules and instructions will be ratified
in the committee for specialized education units of the Expansion Council.
Article 26.
These bylaws, containing 3 chapters, 2 topics, 26 articles, and 13 clauses,
were ratified on 6/2/1388 [27/4/2009] and 25/2/1388 [16/5/2009] by the
Supreme Council of the Seminaries.
Postscript:
1. This clause (clause 2, article
2), was amended according to legislation number 628 of the Supreme Council
of Seminaries, dated 6/6/1388 [27/10/2009]; to view the modified version,
please see legislation number 628.
Director of the Supreme Council
of the Seminaries
Mohammad Yazdi