FAQ zu COVID-19 – FHK – Österreichische Fachhochschul-Konferenz

FAQ about COVID-19
(Version 30 March 2020)

Internships

Some companies are cancelling internships for students. Can compensation options be offered here (e.g. project or business plan)? Can the number of internship hours be reduced?

Compensatory work is possible, provided that the corresponding skills acquisition is ensured. The reduction of internship hours is possible insofar as the corresponding acquisition of competences is still ensured.

To complete internships at a healthcare institution, students have to travel to this institution every day. As part of the current curfew, they are checked, what is important?

Most internships on health science degree programmes, especially those in hospitals, continue to take place. For a possible curfew and the associated checks, students were issued with confirmations that they were completing an internship in a healthcare facility as students on degree programme xy in the period from to .

In addition to the requirements of the BMBWF, health law requirements also apply to the health science degree programmes - in particular, the acquisition of the competences anchored in the training regulations must be guaranteed. Due to the current situation, parts of the internships cannot be completed. How can this be guaranteed within the standard period of study and what options are there for compensating for the internships in the health science degree programmes in order to enable students to complete their studies within the standard period of study?

If the competences to be acquired allow it, voluntary activities by students in the healthcare sector (e.g. helping out at a lock in a hospital) can be counted towards the internship. Due to staff shortages caused by childcare obligations, many nursing homes are currently also happy to take on students as support. We were told that these activities (e.g. mobilising older people) are credited towards the degree course in the MTD field (e.g. in the physiotherapy degree course).

Furthermore, semesters can be extended and work placements, for example, can be split up and completed at a later date. It can be assumed that there is little flexibility in the legally prescribed acquisition of competences, especially in the healthcare professions. A possible solution here would be to consider teaching dates/internships in the summer or even in one of the coming semesters if the 30 ECTS per semester and longer semesters are exceeded (see next question).

Shifting the workload per semester

Is it possible to postpone courses to the next semester, even if this means exceeding the 30 ECTS credits in one semester?

As there are no legal regulations regarding the organisation of the academic year in the FH sector anyway, it might make sense to offer teaching dates that cannot be held now in blocks in the summer, for example.

Due to the special situation and the obligation to mitigate damage, which affects all parties involved, the UAS could also postpone teaching dates to upcoming semesters in consultation with the student representatives of the respective degree programmes and thus exceed the workload of 30 ECTS per semester. At the same time, the semesters should be extended.

This applies to teaching appointments that cannot be held online or compensated for in any other way. This would guarantee the completion of the current semester before the start of the coming winter semester.

Variant on this question: Can the semester offer a maximum of 1500 hours (60 ECTS) by the end of July? May we exceed this number to make up for lessons, especially for degree programmes that have mandatory internship hours in certain areas according to the AVO, in order to enable students to graduate on time?

In order to prevent an extension of the study period, is a (time-limited) extension of the maximum permissible annual workload of 1,500 hours for students in accordance with § 3 para. 2 no. 4 being considered for the period after the crisis?

Exceeding this limit seems sensible and in the interests of the students. The idea is not only to exceed the permitted annual workload of 1,500 hours (§ 3 para. 2 no. 4 FHStG), but also to extend the duration of the academic year. Against the background of the crisis and the associated administrative challenges, a broad interpretation of the provision would be desirable.

Interruption of studies

Can the interruption of studies according to § 14 FHStG also be based on the fact that the student has volunteered as a helper during the crisis or has been called up (civilian service); or simply because the study programme was made more difficult during the crisis due to the distance learning methods?

The law specifies the reasons that are eligible for an interruption. The university of applied sciences can interpret these reasons broadly. There is no reason not to be accommodating in this particular situation.

In the case of students, the question arises as to how we regulate this for call-ups (e.g. civilian service, reservists).

If someone is absent for a longer period of time in connection with the coronavirus, an interruption should be applied for. It may also be possible to be accommodating in this case by setting deadlines and allowing students to continue their studies.

Examinations

Can the type of assessment be changed? For example, from oral to written etc.?

Can it be deduced from §§ 13, 15, 16 and 18 FHStG that these examinations can also be conducted via video conference? If this is not the case, should a provision be included in the study and examination regulations or should the students' consent be obtained for the examination to be conducted using video support?

It is advisable to inform students immediately which examinations will be conducted in a different way (e.g. oral instead of written). In the FH sector, there is a contractual relationship between the provider and the student. In addition to the contractual obligations, both contracting parties have certain ancillary contractual obligations and duties of protection and care as well as a duty to minimise damage. Provided that the assessment of learning outcomes is ensured, the type of examination can be changed accordingly (from oral to written, etc.) in order to minimise the damage to students. The UASs are considering changing/adding to their examination regulations by means of a college resolution.

Professor Nikolaus Forgo (IT and intellectual property law expert, University of Vienna) recently gave his first legal opinion on the subject in a webinar: he assumes that the existing examination regulations do not need to be changed for universities. These regularly include "oral examinations" and online examinations, e.g. via Skype, are merely a form of oral examination, according to Forgo and his colleagues. Forgo also assumes that obtaining a declaration of consent from students is not practicable and is also not mandatory under data protection law. Weighing up the interests of "thousands of unchecked students" against the "data protection interests of the students" would be in favour of the universities.

In the case of video conferencing, the UASs clarify with the students in advance whether the appropriate equipment is available (a computer with a camera is most likely standard nowadays). Regulations on the procedure should be laid down in writing in advance and brought to the attention of the students. Many institutions have already developed guidelines, e.g. for Skype interviews, which can be consulted (how to set up the camera, which aids may be present at the table, etc.).

Can examinations on commission also be carried out via video transmission?

Yes, if clear guidelines ensure that the examination is conducted properly. § Section 15 para. 3 FHStG can be interpreted broadly, allowing the members of the examination board to be present through the use of electronic media.

The following guidelines, for example, would be possible for the proper conduct of an oral examination:

Information to students: "The exam from subject x will take place as planned - via video conference - at 12.30 pm. You have already been invited.

You need to install a camera and switch on the sound.

Please set up the camera so that I can see you and your surroundings (desk) - please put away your documents and mobile phone and have paper and pen ready instead.

You then receive the examination task on the screen (I then share the document with you) - you make a note of key data - prepare briefly in writing (approx. 10 minutes) - and then answer the questions asked during the examination interview."

Then pan the camera to get a good view of the surroundings and keep "checking" the camera during preparation. Set a time frame. Opening documents on the PC would be noticed with this procedure.

Does the room in which the student is located have to be shown via camera before the exam? Are we allowed to request this? What happens if someone refuses?

If the internal regulations of the UAS require it, the room must be shown before the examination. If this is refused, the UAS may refrain from conducting the examination.

Is a (neutral) third person required to supervise the examination? Problem due to contact bans?

It is possible for the UAS to invite another person in addition to the examiner. There is also no legal reason why a student should not have someone else present (publicity of the examination).

How should you deal with connection problems (Internet)?

It will probably depend on the duration of the connection problems. If it lasts a few seconds, the exam can probably be continued. In the event of a longer interruption, for example, another task could be set or, in extreme cases (a really long interruption during which the student has the opportunity to use unauthorised aids), a new date could be arranged

What if someone has no Internet access at all?

In this case, the examination cannot be carried out. It may be possible to offer alternative dates.

What needs to be considered from a data protection perspective when organising teaching appointments and examinations via the Internet?

May the courses/exams be recorded? If yes, including image and voice recordings of the participants?

Do I have to obtain consent from the students?

On which platforms may the courses/exams be recorded (Microsoft Teams or Moodle)?

Is Microsoft Teams considered a learning platform (and a closed user group)?

Who is authorised to store the files? Access and viewing rights?

What must the UAS regulate with regard to online teaching and examinations from a data protection perspective?

As mentioned, universities of applied sciences and their students have a duty to minimise damage. Irrespective of this, however, both sides will have a strong interest in accepting alternative examination and course methods and also in using the existing relevant online tools.

In terms of data protection law, we recommend relying on a legitimate interest in the context of online teaching appointments and examinations. If you would like more information on this, please contact the FHK General Secretariat.

Admission procedure

May the admission procedure deviate from the form envisaged in the accreditation application (e.g. instead of ranking based on the result of a written admission test - ranking based on the grade point average of previous education or ranking based on an online admission interview)?

Our members frequently ask us how flexibly the FHStG can be handled in relation to the admission procedure and whether deviations from the accreditation application are possible. Some members have also reported back to us that the BMBWF does not consider the use of school grades to be permissible. Following consultation with the BMBWF, we would like to inform you that this is not an official legal opinion of the BMBWF. The following legal opinion was confirmed to us by the BMBWF:

In principle, the practice in the FH sector is that school grades are not used alone for the initial selection. The BMBWF takes a positive view of this practice. However, UASs do include school grades in the assessment. In addition to the grades, in times of corona, for example, other creative approaches can be used (there are certainly other creative approaches that are not mentioned here):

Online tests (with certain weaknesses in terms of their validity)

Written letter of motivation

Completion of relevant internships and the evaluation of internships

The regulation in § 11 FHStG is relatively open and leaves a lot of room for interpretation. We are currently experiencing an exceptional situation and we have no indication in § 11 FHStG that we are not allowed to use grades as clearly "performance-related criteria".

If the accreditation application contains detailed regulations, these may be deviated from.

Presence

If the study and examination regulations or the degree programme applications stipulate attendance requirements for individual course dates, is it permissible to interpret this in such a way that "online participation" in a course can also be counted as attendance, or is it necessary to include a sentence on this in the study and examination regulations?

Students must be informed if "online attendance" can be counted as attendance in certain courses. The study and examination regulations do not necessarily have to be changed, but a passage can be added stating that "online attendance" is sufficient to fulfil the attendance requirement during the measures due to the coronavirus.

Is it possible for students to be available for support services in the health sector (e.g. hotline 1450, support with locks in front of the hospital) during the lecture period? To what extent?

The FHStG does not stipulate a general attendance requirement. This is regulated internally (e.g. by the head of the degree programme or course). The UASs can accept absence in the case of support services. If possible in terms of subject and skills acquisition, such activities can be counted towards a work placement, for example. In this way, study delays can be kept to a minimum and at the same time students' achievements in the healthcare sector can be honoured.

It is agreed in the training contract that the UAS is obliged to enable students to complete their studies within the specified time. Due to the coronavirus, it is not certain that the UAS will be able to fulfil this obligation. What is the recommended course of action?

How should this be handled if, for example, the finalisation has to be postponed for a minimum period?

If the training period is extended due to delays in connection with corona. How are the universities of applied sciences contractually protected against claims by students for e.g. loss of earnings for the period of the delay or other damages?

Clauses in the training contracts that make provisions for the event of force majeure are in any case sensible and protect the FH accordingly.

The universities of applied sciences are currently unable to operate as planned in some cases due to official orders and are therefore sometimes unable to fulfil the contract in full. In some cases, students are also prevented from fulfilling the training contract due to official orders (e.g. they are unable to complete internships).

The coronavirus is to be classified as force majeure, as it is an extraordinary event that has an external impact, does not occur or is not to be expected with a certain regularity and cannot be averted or rendered harmless in its consequences even with the utmost reasonable care. Whether a withdrawal from the contract or a cancellation is possible due to the coronavirus depends initially on the contract concluded. It must therefore first be checked whether the contract contains a provision for this.

Contracts contain (even if this is not expressly regulated) certain ancillary contractual obligations and duties of protection and care. On the basis of these obligations, it can be argued that the contracting party who recognises that it will not be able to fulfil its obligations or will not be able to fulfil them within the agreed time or deadline or by the agreed date has a responsibility to inform the contracting party. In addition, every contractual partner has a duty to minimise damages. He must therefore do everything possible to minimise the potential damage. For the university of applied sciences, for example, this means switching to online operation as far as possible, and for the students, participating in online teaching appointments.

Questions with international aspects

Dealing with double degree programmes: To what extent do UASs have to ensure double degree programmes? What happens if students are unable to fulfil the full commitment at the partner universities?

As explained above under "Training contract", the coronavirus is a case of force majeure.

The universities of applied sciences and their partners (e.g. double degree programmes) are currently unable to operate as planned due to official orders and are therefore also unable to fulfil training contracts. Some students are also prevented from fulfilling their training contracts due to official orders (e.g. they cannot complete internships). The coronavirus is to be categorised as force majeure, as it is an extraordinary event that has an external impact, does not occur or is not to be expected with a certain regularity and cannot be averted or its consequences rendered harmless even with the utmost reasonable care. Whether a withdrawal from the contract or a cancellation is possible due to the coronavirus depends initially on the contract concluded. It must therefore first be checked whether the contract contains a provision for this.

Incoming students on internships - Students come from abroad and are keen to continue their internship at an Austrian healthcare institution. How does the FH react?

In most cases, universities of applied sciences strongly recommend that incoming students return to their home country. The main reason for incoming internships in the healthcare sector is that, apart from hospitals, many healthcare institutions are increasingly cancelling internships. In this situation, the instructions of the internship centres must be strictly adhered to. Therefore, a further stay would not be necessary and would only entail further costs and risks.

If an incoming person must be reported to the authorities as a suspected case or as a contact person, a 14-day quarantine will be ordered. This could make a return journey to the home country more difficult/delayed.

Do the authorities allow contact persons to leave the country?

The official handling here is constantly changing. Until recently, the domestic authorities were still notifying the health authorities in the home country that the person must go into quarantine there immediately (cf. tourists who have travelled from Tyrol).

Outgoings - how to deal with an ongoing internship abroad or an upcoming internship abroad?

The universities of applied sciences strongly recommend that current outgoing students return to Austria (see information on the website of the Ministry of Foreign Affairs). Outgoing students are made aware that their return journey may be very difficult if they are quarantined abroad or if the foreign country imposes exit restrictions, curfews, etc. In addition, Austria has taken measures to restrict air and rail travel from some countries.

Planned internships abroad are currently still being handled differently at the universities of applied sciences, as the extent and duration of the crisis are still difficult to predict. The universities of applied sciences recommend cancelling mobilities from 1 May. Current application deadlines for mobilities in autumn are still being adhered to. In any case, the respective procedure will be discussed with the partner university abroad.

Persons returning early from a stay abroad:

Compensation options must be offered for these persons if they are not already involved in the distance learning programmes of the foreign university.

Effects of COVID-19 on part-time teachers

Cancellation of attendance teaching dates - cancellation of contracts with part-time lecturers: Can we cancel contracts with NBL if the course cannot take place due to Corona?

Part-time lecturers within the meaning of § 7 FHStG are not employees in the sense of labour law. Their status as employees is merely fictitious under tax and social security law for the period of their registration at the UAS (registration according to d1p). The contracts are usually only signed at the beginning of the course, when the lecturers arrive at the UAS. It is only at this point that a claim for payment arises. If the course is cancelled due to the corona crisis, no contract is concluded and no fee is due. If teaching dates from current contracts are cancelled, the legal situation is the same and no remuneration is due. Entitlements to continued payment of remuneration from the corona situation, as with employees under labour law (e.g. absence from work due to school closure and care obligations for children requiring care), therefore do not arise.

NOTE: Most universities of applied sciences have completely switched to alternative teaching methods (online teaching). In practice, therefore, there are currently hardly any contract cancellations, even among part-time lecturers.