Guarantor University

The guarantee university refers to the state university designated by the competent authority of a state university during the establishment phase of a foundation higher education institution. It assumes management of the foundation university in the event of temporary suspension of its activities, and takes over its students if its operating license is revoked.

^{Decision on the Revocation of the Operating License of Istanbul Bilgi University (Decision No. 11384)} (Official Gazette)

Foundation higher education institutions, except for financial and administrative matters, are subject to the same constitutional provisions as state higher education institutions and possess public legal personality. These institutions are established by law and their legal personality can be terminated only by law. In the event that the operating license of a foundation university is revoked, its management is transferred to the guarantee university or, if designated by the Higher Education Council (YÖK), to another state university in the same province until its legal personality is formally dissolved. Pursuant to the decision published in the Official Gazette on 22 May 2026, the operating license of Istanbul Bilgi University, which had a receiver appointed to its founding foundation, was revoked and the process of transferring its students to its legal guarantee university, Mimar Sinan Fine Arts University, has commenced. ^【1】

The guarantee university mechanism is based on Article 7(o) and Supplementary Article 11 of Law No. 2547 on Higher Education dated 4 November 1981. The establishment and supervision of foundation universities are regulated within the framework of Article 130 of the Constitution, and such institutions may be established only on a non-profit basis. The procedures to be followed when the operating license of a foundation higher education institution is revoked are governed by the Regulation on Foundation Higher Education Institutions and the Directive on Guarantee State Universities. Supplementary Article 11 of Law No. 2547 permits the revocation of an operating license upon the recommendation of YÖK and the decision of the President of the Republic in cases such as inadequate educational standards or irregular resource transfers to the founding foundation.^【2】

According to the principles governing the establishment and operation of foundation higher education institutions, each foundation university must have a designated guarantee state university. The guarantee state university must be located in the same province as the foundation university to be established. Additionally, a single state university may not serve as guarantee for more than ten foundation higher education institutions. The guarantee university is definitively determined by a decision of the competent authority of the relevant state university during the establishment phase. Legal provisions assess that considering program similarities between the two institutions facilitates academic continuity during future transfer processes.^【3】

When the operating license of a foundation university is revoked, the chairperson, members, and rector of its board of trustees immediately cease their duties. At this stage, the rector of the guarantee university assumes the role of interim chairperson of the foundation university’s board of trustees, while the guarantee university’s board of directors functions as the interim board of trustees of the foundation university. A member designated by the Higher Education General Assembly participates as an observer in the meetings of the interim board of trustees. This administrative structure remains in place until the legal personality of the foundation university is formally terminated. During the transfer process, the institution’s assets and academic infrastructure are subject to liquidation or transfer procedures in accordance with legal provisions.^【4】

Students of the institution whose operating license has been revoked are transferred to the guarantee university or, if necessary, to a third university in the same province by decision of the YÖK General Assembly. If the programs offered at the foundation university are not available at the guarantee university, these programs are established within the guarantee university under the same language of instruction as before. Students’ rights to lateral transfer, double major, and minor programs are preserved during the transfer process. If there is no Turkish-language program at the university where Turkish-taught students are placed, they may transfer to a program taught in a foreign language, provided they meet the host university’s language proficiency requirements. Students enrolled in international joint degree programs may opt for programs bearing the same name but lacking the joint degree status.^【5】

A third university is an institution activated when the capacity of the guarantee university proves insufficient for transferring students and continuing their education. This university is designated by YÖK and assumes similar responsibilities and obligations as the guarantee university regarding student education. The third university must also be a state university located in the same province as the closed institution. The criterion of insufficient capacity is generally assessed based on the availability of relevant academic programs rather than physical space.

Transferred students continue to pay tuition fees into a special account of the state university to which they are transferred. Tuition fees are adjusted annually by the TÜFE rate and collected either in full or in installments, based on the rates set by the closed foundation university. If a student can prove, through bank receipts or official receipts, that they paid tuition in full to the foundation university for a given year, no additional payment for that year may be requested.

As higher education activities are exempt from Value Added Tax (VAT) under the VAT Law, no VAT is applied to fees paid to the state university. According to a Constitutional Court ruling, the obligation to pay tuition for students whose entry score equals or exceeds the entry score of the state university they are placed in is considered controversial under the principle of equality.

Students who graduate while the legal personality of the revoked foundation university remains active continue to receive diplomas issued by the foundation university. These diplomas are signed by the rector of the guarantee university, which has assumed management of the foundation university. When the number of students remaining at the foundation university falls below 10 percent of the number registered at the time of license revocation, the process to repeal the founding law of the foundation university begins. After the formal termination of its legal personality, graduates are awarded diplomas issued by the state university where they completed their education.

Only tuition fee-related scholarships for students placed through the Student Selection and Placement System (ÖSYS) are maintained in full by the guarantee or third university. Decisions regarding additional social support such as meals, dormitory, transportation, and preference-based scholarships rest entirely with the acquiring state university. If scholarship holders voluntarily transfer from a Turkish-taught program to a foreign-language program, they must pay the full preparatory class fee as determined by the foundation university. In accordance with the principle of protecting acquired rights, it is recommended that the administration continue providing these supports to prevent student disadvantage.