Code of Rules for Accommodation and Catering Services

Under section 36 (2) of Act No. 111/1998 Sb., to regulate higher education institutions and to change and amend other laws (the Higher Education Act), the Ministry of Education, Youth and Sports registered the Code of Rules for Accommodation and Catering Services under ref. N. MSMT-38084/2016 on 14 December 2016.


                   …………………………………..

Mgr. Karolína Gondková

Code of Rules for Accommodation and Catering Services of Charles University of 14 December 2016

Under sections 9 (1) (b) and 17 (1) (k) of Act No. 111/1998 Sb., to regulate higher education institutions and to change and amend other laws (“the Higher Education Act”), as amended, the Academic Senate of Charles University has adopted the following Code of Rules for Accommodation and Catering Services as an internal regulation:


Part I Introductory Provisions

Article 1 Fundamental Provisions

This Code governs the rules for the provision of accommodation services in the dormitories of Charles University (“Dormitories”) and the provision of catering services in the refectories of Charles University (“Refectories”), as well as the powers of the bodies of other units of Charles University (“the University”) in charge of providing these services, relations between these bodies and the self-governance bodies of the University, and the self-governance of residents. 

Article 2 Dormitories and Refectories

  1. Dormitories and Refectories (“DaR”) are special-purpose service facilities of the University in charge of providing accommodation and catering services in particular to the members of the Academic Community of the University.1

  2. The DaR provides accommodation services in particular to students of the University and to other persons under the conditions stipulated in this Code, the Rules for the Internal Governance for Dormitories and Refectories (“the Rules for the Internal Governance”), the contract2 made between the director of the DaR (“the Director”) and the residing person (“the Contract”), the principles of accommodation in Dormitories (“Accommodation Principles”), general rules for accommodation, and the Director’s directives or the Rector’s directives issued on the grounds of an internal regulation of the University.

  3. The DaR provides catering services in particular to students and employees of the University and to other persons under the conditions stipulated in this Code, the Rules for the Internal Governance, the principles for the provision of catering services, general rules for catering, the collective agreement, and the Director’s directives or the Rector’s directives issued on the grounds of an internal regulation of the University.

Part II DaR Organisation and Bodies, Regulations, and Documents

Article 3 DaR Bodies and Dormitory Councils

  1. DaR bodies are the Director, Dormitories, and Refectories Board (“the Board”) and the Panel of Chairs of Dormitory Councils (“the Panel”). Dormitory councils are created at the dormitories.

  2. The office of the Director, member of the Board, member of the Panel and member of the Council may be held only by a person who has reached the age of 18 and is legally competent. Another requirement, applicable to the Director and a member of the Board is that the person has no record of criminal convictions; this means that, for the purposes of this internal regulation, the person has not been convicted of any intentional criminal offence.

Article 4 Rules for the Internal Governance

  1. The Rules for the Internal Governance constitute an internal regulation of the DaR.

  2. The draft of the Rules for the Internal Governance is submitted for consideration to the Academic Senate of the University (“the Senate”) by the Rector. The Director submits the draft of the Rules for the Internal Governance upon approval of the Board to the Rector unless otherwise provided in this Code.

  3. The Rules for the Internal Governance regulate in particular the activities, division, management, and internal structure of the DaR and it specifies powers, acts, and mutual relations among DaR bodies.

  4. The Rules for the Internal Governance determine the DaR internal audit system, the system of quality evaluation, and the method of dealing with complaints and motions concerning accommodation and catering services.

Article 5 Director

  1. The Director is the managing and executive body of the DaR.

  2. The Director is appointed by the Rector on the basis of a selection procedure. At least a third of the members of the selection committee are representatives of the Senate, and a representative of the Board is always a member of the selection committee.

  3. The Director is removed from his office by the Rector upon a motion of the Senate, the Board, or of his own initiative upon consideration by the Board.

  4. The Director represents the University in all matters relating to the DaR and the accommodation and catering services provided by the DaR unless otherwise provided by an internal regulation of the University or a Rector’s directive issued on the basis of an internal regulation of the University.

Article 6 Board

  1. The Board is concerned with maintaining the function of the DaR, asserting the interests of the University and the Academic Community of the University in the DaR activities, and the efficient and economic management of the University funds and property administered by the DaR.

  2. The Board acts as the external audit body of the DaR.

  3. The Board consists of seven members. The Rector appoints three members upon nomination by the Senate, and one of those nominees must be an employee of the University; two members upon nomination by the Panel; and two members of the Rector’s own initiative. The term of office of the Board is two years. A member of the Board may be removed from his office by the Rector before the expiry of the term of office; if the removal of a member is proposed by the person who nominated him, the Rector will remove him. The Board chooses the Chair and the Vice-Chair from among its members.

  4. The Board:

      a. 

    approves the draft Rules for the Internal Governance submitted by the Director;

      b. 

    approves the Director’s proposal to issue accommodation principles;

      c. 

    approves the Director’s proposal to issue the principles for the provision of catering services;

      d. 

    approves the Director’s proposal to determine standard prices for accommodation;

      e. 

    approves the Director’s proposal to determine the process of deciding prices of catering for students;

      f. 

    approves the annual report on activities and financial management of the DaR submitted by the Director;

      g. 

    approves the Code of Procedure for the Board;

      h. 

    approves electoral rules for the election of members of dormitories’ councils;

      i. 

    approves the Director’s motions for appointment and removal of members of the Objections Committee;

      j. 

    submits to the Rector a motion for the removal of the Director;

      k. 

    comments on the draft model contract submitted by the Director;

      l. 

    comments on the draft general terms of accommodation and the draft general terms of catering;

      m. 

    comments on the draft budget of the DaR;

      n. 

    comments on making leases for non-residential premises or immovable property which are not mentioned in Article 50 (1) (d) of the Constitution of the University, or leases for non-residential premises or immovable property if the respective property exceeds 200 m2 in area and the duration of lease exceeds three years;

      o. 

    comments on the plan to dispose of movable property whose purchase price  exceeds the amount mentioned in Article 50 (1) (d) of the Constitution of the University and on the plan to change immovable property management (Article 7 (2) of the University Property Management Rules) concerning the DaR;

      p. 

    comments on the Director’s intention to waive a debt or a claim worth more than 100,000 CZK;

      q. 

    comments on other matters submitted by the Senate, the Rector, or the Director or on those provided for in the Rules for the Internal Governance;

      r. 

    delegates its representatives to committees unless otherwise provided in the Rules for the Internal Governance;

      s. 

    submits motions to the Director or the Panel;

      t. 

    executes powers of auditing the provision of accommodation and catering services, designates persons to perform such audits, and deals with complaints under the Rules for the Internal Governance;

      u. 

    submits the motion for audit of management of the DaR and, in justified cases, submits such motion to the Rector or the Senate; the Rules for the Internal Governance may stipulate the conditions and instances where the Board directly participates in the audit of management through its members;

      v. 

    proposes a member of selection committee for the appointment of a Director to the Rector;

      w. 

    submits the annual report on its activities to the Rector and the Senate.

  5. The Board has a quorum only if a simple majority of all its members is present; the approval of the majority of all members present is required to pass a resolution.

  6. The Board may approve or disapprove the Director’s motions under paragraph 4 (a) to (f); proposals to amend the motion are not admissible. The Director may, however, amend or withdraw the considered motion from the agenda at the session of the Board.

  7. Members of the Board have a duty to inform the body which nominated them about proposals under paragraph 4 (a) to (e); in the case of the Senate it is the Social Committee of the Senate.

  8. If the Board fails to approve the Director’s motion under paragraph 4 (a) to (f) or (i) after repeated submissions, or if it fails to consider the submitted motion in thirty days from its submission without reason worthy a special consideration, the Director may apply to the Rector to:

      a. 

    submit the draft Rules for the Internal Governance for approval to the Senate, or

      b. 

    issue the documents mentioned in paragraph 4 (b) to (f) as the Rector’s directives or to appoint or remove a member of the Objections Committee, always upon the opinion of the Social Committee of the Senate.

    Along with the application to the Rector, the Director submits the opinion of the Board on the issue concerned, if the Board had adopted such opinion; the opinion is then considered at the session of the Social Committee of the Senate to which the Director and a representative of the Board must be invited.

  9. If the Board fails to adopt a resolution on the Director’s motion, on which it is supposed to comments, within 30 days of its submission, it is assumed that it has commented. In the case under paragraph 4 (n) and if the Rules for the Internal Governance so provide in cases under paragraph 4 (q) and (r), the time limit under sentence one is shortened to 15 days.

  10. The details of the Board meetings, including the possibility of voting by letter, are regulated by the Code of Procedure for the Board. Administrative support for the Board is provided by the DaR. The minutes of the Board meetings are published on the publicly accessible part of website and on the official notice board of the DaR and they are sent to the Rector and the Senate.

Article 7 Panel

  1. The Panel is an advisory body representing students residing in dormitories.

  2. The members of the Panel are the chairs of dormitory councils. The Panel elects its Chair, possibly also a Vice-Chair, from among its members.

  3. The Panel:

      a. 

    approves the Code of Procedure for the Panel;

      b. 

    approves the Code of Procedure for the dormitory council;

      c. 

    proposes to the Rector the appointment of two members of the Board;

      d. 

    comments on the draft Residential Rules submitted by the Director;

      e. 

    comments on the draft determination of fees for services provided to students with accommodation unless the Rules for the Internal Governance provide that such draft is commented on by the dormitory council;

      f. 

    comments on matters submitted by the Director, dormitory council, or those provided for in the Rules for the Internal Governance;

      g. 

    delegates its representatives to committees if the Rules for the Internal Governance so provide;

      h. 

    executes powers of reservation of accommodation in dormitories under the Rules for the Internal Governance or the accommodation principles;

      i. 

    executes powers of auditing the provision of accommodation and possibly also catering services and dealing with complaints under the Rules for the Internal Governance;

      j. 

    submits motions to the Director, the Panel, or the dormitory council.

  4. The details of the Board meetings, including the possibility of voting by letter, are regulated by the Code of Procedure for the Panel. The procedure for the case of inaction of the Panel is regulated by the Code of Procedure. Administrative support for the Panel is provided by the DaR. The minutes of the Panel meetings are published on the publicly accessible part of website and on the official notice board of the DaR.

Article 8 Dormitory Council

  1. The Dormitory Council is a self-governing body of students residing in a dormitory or dormitories.

  2. The members of the Dormitory Council are persons elected at the respective dormitory or dormitories; the details are regulated by the Code of Electoral Rules for the Dormitory Council Members. The Dormitory Council elects its Chair, possibly also a Vice-Chair, from among its members. The office of the Chair of the Dormitory Council may be held only by a member of the Academic Community of the University.

  3. The Dormitory Council:

      a. 

    comments on matters related to the respective dormitory or dormitories provided for in the Rules for the Internal Governance;

      b. 

    makes the reservations of accommodation in the respective dormitory within the scope of powers determined in the Rules for the Internal Governance or the accommodation principles;

      c. 

    comments on the draft details of Residential Rules relevant for the respective dormitory or dormitories submitted by the Director;

      d. 

    comments on matters submitted by the Dormitory Manager, the Panel, or those provided for in the Rules for the Internal Governance;

      e. 

    delegates its representatives to committees if the Rules for the Internal Governance so provide;

      f. 

    executes powers of auditing the provision of accommodation and dealing with complaints under the Rules for the Internal Governance;

      g. 

    submits motions to the Dormitory Manager or the Panel.

  4. The term of office of the Dormitory Council members and the grounds for termination of Dormitory Council membership are provided in the Code of Electoral Rules for the Dormitory Council Members.

  5. The details of the Dormitory Council meetings, including the possibility of voting by letter, are regulated by the Code of Procedure for the Dormitory Council. The procedure in the case of inaction of the Dormitory Council is regulated by the Code of Procedure. Administrative support for the Dormitory Council is provided by the DaR. The minutes of the Dormitory Council meetings are published on the publicly accessible part of website and on the official notice board of the DaR.

Article 9 Regulations Publishing, Regulations Compliance, Rectifying Provisions

  1. The valid and effective regulations and documents mentioned in Articles 6 (4), 7 (3), and 8 (3) are published on the publicly accessible part of website and on the official notice board of the DaR; other possible forms of publishing the mentioned regulations and documents, the manner of publishing other papers, as well as the detailed information of the publicly accessible part of the website of DaR are provided in the Rules for the Internal Governance. If the Rules for the Internal Governance so provide, publishing in the publicly accessible part of the DaR website may be replaced by the guaranteed possibility to inspect the regulation or the document under defined conditions.

  2. The regulations and documents mentioned in Articles 6 (4), 7 (3), and 8 (3) as well as other directives and acts of the Director must be in compliance with the internal regulations of the University, with the strategic plan of educational and scholarly, research, development and innovation, artistic, or other creative activity3 of the University, and with the annual plan for its implementation. They must also correspond to the economic, administrative, and technical potential of the DaR.

  3. The regulations and documents mentioned in Articles 6 (4), 7 (3), and 8 (3) may not extend the powers of the Board, the Panel, or the Dormitory Council.

  4. If the accommodation principles, the principles for the provision of catering services, the standard form of a contract, the Residential Rules, the details of Residential Rules, the general rules for accommodation, the general rules for catering, the Code of Procedure for the Board, the Code of Electoral Rules for the Dormitory Council Members, the Code of Procedure for the Panel or the Code of Procedure for the Dormitory Council, or a directive or another act of the Director fail to comply with legal regulations or the internal regulation of the University, the Rector suspends the effect of such regulation of his own initiative or upon the Senate’s motion and calls on the respective body to rectify the situation; if the situation is not rectified within the time limit set by the Rector, Article 31 of the Code of Procedure for the Academic Senate is pursued.

  5. Elements of the annual report on the DaR activities are provided in the Rules for the Internal Governance and within its scope in the Rector’s directive; overall information on dealing with complaints about accommodation or catering services is always a part of the annual report on the DaR activities.

Part III Accommodation Services

Article 10 Dormitories

  1. Dormitories are structural units of the DaR.

  2. The list of dormitories and the details of the organization, management, and operation of a dormitory, including the position of the manager of the dormitory or dormitories, are regulated in the Rules for the Internal Governance.

  3. Electronic access systems and security CCTV systems in accordance with the law regulating the protection of personal data in force are used to ensure security to persons residing in dormitories as well as to protect University property.

Article 11 Types of Accommodation and Payments

  1. Student accommodation in the dormitory may be:

      a. 

    long-term; or

      b. 

    other; the details are provided in the accommodation principles.

    Long-term accommodation means accommodation for an academic year or a school year or for the total period of study. A school year means the period from the beginning of the winter semester to the end of the summer semester of the respective academic year.

  2. The payments for accommodation are:

      a. 

    standard prices; or

      b. 

    other prices determined in the Director’s regulation.

    Such prices are increased by value added tax according to the relevant legislation and possibly also local tax for the provision of accommodation to persons in accommodation facilities.

  3. Standard prices are determined in the Director’s directive approved by the Board unless otherwise provided in this Code.

  4. The standard price is a payment for the accommodation of students registered at the University or another higher education institution in the Czech Republic, or for the accommodation of participants in exchange study programmes based on inter-governmental or inter-university agreements; this does not apply to students or participants provided with above-standard services related to accommodation.

Article 12 Methods of Payment and Due Dates

The method of payment and due dates as well as the procedure in case of default in payment is determined in the contract and in the general rules for accommodation.

Article 13 Accommodation Principles

  1. The accommodation principles specify the accommodation of the University students or other persons in the University dormitories, in particular the types of accommodation, criteria for evaluation of applications, and making of complaints.

  2. The accommodation principles are issued as the Director’s directive approved by the Board unless otherwise provided in this Code.

  3. The accommodation principles are published on the publicly accessible part of the website of the DaR and on the official notice board of the DaR.

Article 14 Principles for the Selection of Applicants for Long-term Accommodation at Dormitories

  1. Applications for accommodation in dormitories are submitted every year unless the accommodation is for the total period of study.

  2. The selection of applicants for long-term accommodation in dormitories (“applicants”) is made on the basis of evaluation of each application according to the criteria set in the accommodation principles.

  3. Applications for long-term accommodation in the University dormitories are always satisfied if the applicant is a student in the programme of study offered at the University or was accepted to such programme and is:

      a. 

    a person in a condition of long-term poor health or a person with a disability4; or

      b. 

    a double orphan.

    Applications for long-term accommodation in the University dormitories are also always satisfied if the applicant is a student in the doctoral programme of study offered/implemented as full-time study at the University or was accepted to such programme and satisfies requirements set in the accommodation principles.

Article 15 Application, Selection of Applicants

  1. The application is submitted in the manner and on the dates determined in the accommodation principles.

  2. If the application fails to contain required elements or if it has other defects, the applicant is called on to provide additional information and a reasonable time limit is set for him. If the additional information is not provided in the application, with the exception of data or supplements which are marked as optional in the accommodation principles, the application is deemed not to have been submitted.

  3. The selection of applicants is made under Article 14 on dates determined in the accommodation principles. Each applicant is informed that:

      a. 

    he will be granted accommodation according to his application; or

      b. 

    the decision was other than that under paragraph (a); the details are specified in accommodation principles.

    In cases under paragraph (b) the applicant is advised of the possibility to raise an objection.

Article 16 Decision on Application, Objection, and Objection Procedure

  1. The decision to provide accommodation in a dormitory is made by the Director.

  2. An applicant who is not satisfied may raise an objection against the Director’s decision. The objection is filed with the Director in the manner and within the time limit determined in the accommodation principles; the time limit may not be shorter than eight days from the publishing of the Director’s decision.

  3. If the Director dismisses the objection, he refers it to the Objections Committee. Half of the members of the Objections Committee are students. The Objections Committee accepts the objection, if there are reasons worthy of special consideration.

  4. If the Objections Committee accepts the objection, the applicant will be provided accommodation according to his application. If it is not possible, the applicant whose application was satisfied will be offered other accommodation.

Article 17 Contract and General Rules for Accommodation

  1. Applicants who have been provided accommodation in a dormitory enter into a contract; its details are specified in the accommodation principles.

  2. The rights and duties of the resident and the provider of accommodation are provided in the contract and in the general rules for accommodation in force and come into effect on the date of making the contract; subsequent changes to the general rules for accommodation do not apply to the rights and duties of the resident and the provider of accommodation.

  3. The draft model contract is commented on by the Board and issued in the Director’s directive.

  4. The model contract is published on the publicly accessible part of the website and on the official notice board of the DaR.

  5. There is no entitlement for the making of a contract.

  6. The contract and the general rules for accommodation are available to foreign applicants in English.

Article 18 Residential Rules

Residential rules regulate in particular the rules of conduct in dormitories. The draft Residential rules are commented on by the Panel and issued in the Director’s directive. The Director may specify the details of the Residential rules applicable to the respective dormitory or dormitories in his directive; the respective Dormitory Council comments on this draft directive.

Part IV Catering Services

Article 19 Refectories

  1. Refectories are structural units of the DaR.

  2. The list of refectories and the details of the organization, management, and operation of a refectory, including the position of the manager of the refectory or refectories, are regulated in the Rules for the Internal Governance.

Article 20 Principles for Providing Catering Services

  1. The principles for the provision of catering services regulate catering in refectories. They are issued as the Director’s directive approved by the Board, unless otherwise provided in this Code.

  2. The principles for the provision of catering services are published on the publicly accessible part of the website of the DaR and on the official notice board of the DaR.

Article 21 Catering for Members of the Academic Community

Students are entitled to meals at a reduced (student) price if it is possible under the University budget. Academic staff and other employees of the University get meals according to the conditions provided in the collective contract.

Article 22 Transitional Provision

Bodies established under the current regulation are deemed to be bodies under this Code and their term of office remains valid.

Article 23 Final Provisions

  1. The Code of Rules for Accommodation and Catering Services of Charles University in Prague registered by the Ministry of Education, Youth and Sports on 22 May 2009, as amended, is hereby repealed.

  2. This Code was approved by the Academic Senate of the University on 25 November 2016.

  3. This Code comes into force on the date of registration by the Ministry of Education, Youth and Sports.5

  4. This Code becomes effective on the first day of the calendar month following the date of coming into force.






PhDr. Tomáš Nigrin, Ph.D.



Prof. MUDr. Tomáš Zima, DrSc.



President of the Academic Senate



Rector






Poznámky

1

Translator’s note: Words importing the masculine include the feminine, and unless the context otherwise requires, words in the singular include the plural and words in the plural include the singular.

2

Ss. 2326 and the following of Act No. 89/2012 Sb., the Civil Code, as amended.

3

S. 21 (1) (b) of Act No. 111/1998 Sb., to regulate higher education institutions and to change and amend other laws, as amended.

4

Act No. 108/2006 Sb., on social services, as amended.

5

S. 36 of the Higher Education Act. The registration was completed on 14 December 2016.


Last change: August 7, 2019 17:31 
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