AUC Community Anticipates Next Steps as Administration Remains Lip-Locked
@Caravan_AUC
AUC administration remained tight-lipped a day after the Administrative Court passed down its judgment on Case No. 25981 of 71, ruling that private institutions of higher education incorporated abroad, such as AUC, must still collect tuition fees entirely in EGP.
“The Ministry of Higher Education’s competence is not only supervisory. As decreed in Protocol No. 146 of 1976, it also has a role in the decision-making process. AUC falls under the full supervision of the Ministry of Higher Education and therefore, it must abide by Egyptian law. In this regard, charging and collecting in EGP is an obligation of theirs,” said Presiding Judge Mounir Abdel Kodoos.
The Court invoked Article 19 of the 2014 Constitution, which reads “[The] state oversees education to ensure that all public and private schools and institutions abide by its educational policies” to support its claim.
“All students can now pay in EGP, but AUC is free to increase tuition fees in EGP to account for the difference in expenses. This is where the Ministry of Higher Education should apply a tuition cap,” Mahmoud Fahmy, attorney-at-law representing the claimants, told The Caravan.
An email sent out early Monday said “According to news reports, the State Council issued a verdict today in a lawsuit regarding tuition. The University will await communication of the court’s written decision before responding to the court or commenting in public.”
Executive Vice President for Administration and Finance Brian MacDougall reiterated that AUC will not comment until after receipt of the written decision.
But many parents who had complained of high tuition fees in recent months celebrated the ruling.
“The ruling of the Administrative Court is binding even though it is subject to appeal,” Hany Taher, an attorney representing the claimants, told The Caravan.
Attorney Ehab Sallam said that AUC is still on Egyptian land and therefore, must abide by Egyptian law.
“The educational policies referred to in Article 19 includes tuition fees as well,” Sallam told The Caravan.
According to the Preamble of the aforementioned Protocol, although AUC is constituted as a cultural center, it still falls under the supervision of the Ministry of Higher Education.
“AUC practices education, so it should still follow regulations set forth by the Ministry of Higher Education,” Sallam said.
The Protocol confirms that “among the goals of the Board of Trustees (BoT) of AUC, which constitute the highest authority in the university administration, is to cooperate with the education authorities in Egypt.”
During the hearings, the Court also made reference to Article 111 of Law No. 88 of 2003, which mandates all institutions, unless otherwise provided for in an international agreement or law, to buy and sell goods and services entirely in EGP.
Student Union (SU) President Amr El-Alfy said that students who paid tuition based on the rate following the floatation of the EGP last November can be expected to be fully reimbursed for the difference from the starting rate of EGP 8.88.
The SU released a statement yesterday indicating that the Court’s ruling secured the rights of students to claim reimbursement for the difference in tuition following the floatation of the pound.
However, the decision has also been met with concerns, particularly with regards to ensuring the quality of education, funding academic and research projects and the status of foreign professors on campus.
“This all depends on how the university is going to cover these expenses and if they’re going to extract money from other sources that would affect the quality of our education in all sorts of ways,” El-Alfy said.
The Executive Committee of the University Senate told The Caravan that they are awaiting the State Commissioner’s Authority recommendations prior to taking any decisions.
The case was filed on February 12 by a group of 60 parents of AUC students, and proceeded by another hearing on February 19 where they requested the Court to adjudge and declare that tuition fees remain fixed on the dollar rate upon every student’s enrollment.
