Provisional Bylaws of the Institute of Digital Sciences Austria a.k.a. Interdisciplinary Transformation University (IT:U)
In its meeting of 3rd June 2024, the Founding Convention of IT:U adopted the following parts of the provisional Bylaws on the basis of section 6 para 5 subpara 4 of the Federal Act on the Foundation of the Institute of Digital Sciences Austria (Bundesgesetz über die Gründung des Institute of Digital Sciences Austria), Federal Law Gazette I No. 120/2022:
Preamble
On the basis and within the scope of the Federal Act on the Foundation of the Institute of Digital Sciences Austria (in the following: IDSA Foundation Act), these Bylaws lay down such rules as are necessary, from today’s perspective, as a matter of priority for the founding and development stages of IT:U (in the following: the University). Further parts of the Bylaws will be added in due time.
Further groundwork for the orientation and organisation of the University was laid in the resolution passed by the Founding Convention on 15 June 2023: “Points of reference and guidelines for the orientation, organisation and further development of the IDSA”.
Part I of the Bylaws
General provisions and communication
Article 1
General information and principles
(1) The University conducts its affairs autonomously in compliance with the applicable laws (Article 81c of the Federal Constitutional Act [Bundes-Verfassungsgesetz, B-VG]).
(2) The University is committed to equality within the meaning of the Federal Equal Treatment Act (Bundes-Gleichbehandlungsgesetz, B-GlBG), to gender parity and diversity, and to safeguarding the interests of persons with disabilities. All governing and advisory bodies are required to take these aspects into account in all their procedures and decisions. This also applies to the composition of governing and other bodies.
(3) The University and all of its institutions are subject to the Federal Public Corporate Governance Code (Bundes-Public Corporate Governance Kodex, B-PCGK).
Article 2
Communication and information platform
(1) The University shall establish a communication and information platform (CIP) that is accessible via the internet. The CIP must be designed in a way that safeguards the authenticity and integrity of the published documents and ensures the traceability of the publications over time. The following must be published on the CIP in any event:
1. the Bylaws and any amendments thereto,
2. any vacancies for professorships and members of the first management level,
3. the educational programmes offered and the curricula.
(2) The notices published on the CIP must be kept available on the platform as amended from time to time for the purpose of information.
(3) Until the CIP has been established, notices are published on the website of IT:U. The CIP will be established at the latest by the start of the summer semester of 2024.
Article 3
Principles of communication, programmes and services offered, procedures
(1) The University aims, among other things, to be a role model for the integration of digital instruments and digital governance in research, teaching, and administration. The University will thus largely rely on digital tools and media to carry out its tasks, guided in particular by the principles of ‘data once only’ and ‘mobile first’.
(2) The working language of the University is English. All programmes and services offered by the University must be provided in English at the very least. This does not apply to activities and services primarily directed at the general public.
(3) All programmes and services offered by the University must also be provided or designed in a digital and accessible manner insofar as this is appropriate, practicable and legally permissible considering their nature. In this context, a high level of data protection and data security must be ensured.
(4) Communication in meetings of the University’s governing and other bodies, formal settings, work meetings and votes may also involve the use of digital media. Meetings may be recorded using means of electronic communication and documentation for the purpose of taking minutes. Detailed provisions must be laid down in the rules of procedure of the respective governing or other bodies, including, without limitation, provisions on the reliable identification of members, the reliable determination as to whether the requirements for passing resolutions (attendance and voting) have been met, and the confidentiality of proposals, discussions, and votes in hybrid settings.
(5) The governing and other bodies are quorate if at least half of their members are present; as a rule, their decisions are taken by a simple majority of the valid votes cast. Abstentions and invalid votes are deemed as votes not cast. Members who attend a meeting using electronic communication systems are deemed to be present in person. Resolutions on the rules of procedure and any amendments thereto require a majority of two thirds of the valid votes cast and must be brought to the attention of the Founding Convention.
(6) The governing and other bodies may adopt their own rules of procedure. Where no such rules of procedure have been adopted, the rules of procedure of the Founding Convention apply mutatis mutandis. The rules of procedure for the first management level (see below) are subject to the approval of the Founding Convention. The rules of procedure must include, without limitation, provisions on irreconcilability, partiality, obligations of confidentiality, and the protection of the interests referred to in Article 1 (2) of Part I of the Bylaws.
(7) If these Bylaws, the Organisational Structure Plan or any agreements between the Founding Convention and the Founding President include requirements to submit documents for opinion, approval or resolution, or provide opportunities for involvement in governance processes, such processes must be set up in such a way that the Founding Convention and the Founding President can engage in a ‘qualified dialogue’ (see below). This includes, without limitation:
- regular information about the status of processes and implementation activities in all fundamental matters as well as in matters expressly requested by the Founding Convention;
- in matters that are subject to resolution by the Founding Convention, prior agreement of a time schedule between the Founding President and the Founding Convention that allows sufficient time for preparation – as a rule, at least six (6) working days – following the submission of a proposal that is ready to be voted on;
- in cases where joint working groups with the Founding Convention are established for the purpose of prior coordination with the Founding President, without prejudice to the competences of the Founding Convention as a collegial body, to implement any of the strategic tasks entrusted to the Founding Convention under the IDSA Foundation Act, the possibility to hold meetings to discuss the subject matter at hand;
- if a proposal by the Founding President is not accepted by the Founding Convention, the Founding President is required to submit a new proposal within fourteen (14) days and this eventuality must be adequately considered in the time schedule whenever a matter is subject to resolution by the Founding Convention.
(8) All decisions made by the governing and other bodies must be documented in a transparent manner.
Part II of the Bylaws
Strategic management and performance agreement
Article 1
Strategic Development Document
(1) The strategic management of the University is based on a multi-annual Strategic Development Document. This document must in any event include statements and details for a medium-term period of three (3) years as well as an outlook (vision) for another three (3) years on the following:
1. the general strategic orientation and objectives of the University;
2. priorities in research, teaching, and Third Mission activities;
3. the human resources strategy;
4. plans regarding buildings and other infrastructure.
(2) The Founding President shall first prepare a draft of the Strategic Development Document by 28 February 2024. Following consultation of the International Strategic Advisory Board (Part III of the Bylaws), the latter shall draft an opinion within four (4) weeks of the consultation meeting. The Founding President shall then revise the Strategic Development Document as necessary and submit the revised draft to the Founding Convention for approval not later than four (4) weeks after having received the Advisory Board’s opinion.
(3) The regulations laid down in the Strategic Development Document must be reviewed on an annual basis as part of a standardised review in dialogue between the Founding Convention and the Founding President. If this process reveals the need for supplementary measures, regulations or other updates, the necessary adaptations must be made. If the development document requires any amendments, such amendments are subject to the approval of the Founding Convention.
Article 2
Performance agreement with the federal government
(1) The Founding President shall submit to the Founding Convention a proposal for the upcoming performance agreement, setting out the principal objectives and initiatives in reference to the Strategic Development Document.
(2) Following the approval of the proposal by the Founding Convention, the Founding President shall negotiate the proposal with the federal minister and shall report back to the Founding Convention on any essential outcomes. The Founding President shall enter into the performance agreement and report back to the Founding Convention without delay.
Part III of the Bylaws
International Strategic Advisory Board (ISAB)
Article 1
Responsibilities
(1) The International Strategic Advisory Board (ISAB) is established to advise the Founding Convention and the Founding President on strategic matters of fundamental importance. It is also responsible for promoting contacts with relevant institutions and organisations as well as companies.
(2) The Advisory Board advises the Founding Convention and the Founding President. It is responsible for:
1. reviewing and providing advice on the Strategic Development Document drafted by the Founding President and discussing them with the Founding Convention and the members of the first management level as well as delivering an opinion and making recommendations on such document;
2. participating in the periodic reviews (Article 1 (3) of Part II of the Bylaws) of the University;
3. advising the Founding Convention and the Founding President on current academic-strategic issues, including, without limitation, on matters concerning the positioning of the University, general priorities in research and teaching, strategic decisions at University level, in each case if and insofar as the Founding President or the Founding Convention choose to involve the Advisory Board in these matters on a case-by-case basis;
4. participating in the advertisement of vacancies, search for and appointment of professors.
Article 2
Composition and activities
(1) The ISAB consists of a minimum of three, five or a maximum of seven renowned researchers of excellent standing who are active in Austria or abroad and who are not affiliated with the University. The majority of the members of the Advisory Board should be engaged in international activities. The members are appointed by the Founding Convention, acting on a proposal by the Founding President, for a term of five years; all members or part of the members (partial renewal) may be re-appointed once. The Founding President shall submit to the Founding Convention a proposal for the members of the ISAB. If no proposal acceptable to the Founding Convention is put forward, the Founding President shall request that the Austrian Science Fund (FWF) and the Austrian Academy of Sciences (ÖAW) nominate qualified individuals, from which the Founding President shall select candidates for a new proposal.
(2) The members of the ISAB are entitled to adequate remuneration for their activities; they must also be reimbursed for any travel expenses incurred in connection with their work. The remuneration and travel expenses are subject to the principles of efficiency, economy and expediency. The rules or agreements on the amount of the remuneration and the general rules on travel expenses are subject to the approval of the Founding Convention.
(3) The ISAB shall elect a chairperson and a deputy from among its members. The person who has received the highest number of valid votes cast is deemed to be elected; ties must be broken by drawing lots. Unless otherwise provided for below, the relevant person is elected for the duration of their term of office. The Advisory Board may vote to dismiss the chairperson without giving reasons. The chairperson may resign from their position before the end of their term by giving written notice to the Founding Convention, without the need for good cause. These rules also apply to the deputy chairperson.
(4) The ISAB shall meet at least once a year. The Founding President shall issue invitations to attend the meetings in consultation with the chairperson of the Founding Convention. It is also possible to invite non-members to meetings for the purpose of providing information on specific issues. The chairperson of the ISAB shall prepare the meetings in cooperation with the Founding President and the chairperson of the Founding Convention, shall preside over the meetings and shall deliver the ISAB’s opinions to the chairperson of the Founding Convention and the Founding President. The agenda of ISAB meetings must, as a rule, allow for the possibility of an exchange between the ISAB and the Founding Convention, the Founding President and the members of the first management level.
(5) The deliberations and recommendations of the Advisory Board are confidential.
Part IV of the Bylaws
Vacancies and employment or appointment
Article 1
Academic staff
(1) Academic vacancies may be filled at any time.
(2) As a rule, academic vacancies must be published on the CIP by the Founding President. Such advertisements may also be expressed in broad or mission-oriented terms or cover multiple vacancies at a time on a broader subject and at different levels of seniority. The period for submitting applications must be at least three (3) weeks.
(3) Vacancies of less than one (1) year’s duration for which suitable candidates are known may also be filled without being advertised.
Article 2
Professorships
(1) Vacancies for professorships are advertised and filled on the basis of the Strategic Development Document and any additional agreements between the Founding President and the Founding Convention. The Founding President shall inform the Founding Convention of any planned vacancies for professorships.
(2) Vacancies must be advertised by the Founding President on the CIP as well as on an international level in an appropriate manner; the latter may also take the form of a reference to the advertisement published on the CIP. The advertisements may be expressed in broad or mission-oriented terms or cover multiple professorship vacancies at a time on a broader subject at different levels of seniority. The period for submitting applications must be at least three (3) weeks.
(3) To conduct the selection procedure for filling professorships, the Founding President shall appoint and chair a Search Committee for each vacancy. The following persons shall serve on the Search Committee as voting members:
1. one member delegated by the Founding Convention;
2. two qualified academics, preferably members of the ISAB as set out in Part III of the Bylaws, nominated by the Founding President;
3. the member delegated to the advisory board for the founding stage (section 7 of the IDSA Foundation Act) by the Austrian National Union of Students (ÖH) or any other person nominated by the Austrian National Union of Students.
(4) The Founding President may, in agreement with the Founding Convention, delegate up to two additional members of the University as voting members. As soon as the University has at least six professors, these two members must be delegated by the professors at the University from among their number.
(5) To uphold the aspects referred to in Article 1 (2) of Part I of the Bylaws, the Search Committee also has a non-voting member that must be delegated by the body responsible for equality and diversity at the University. Until such a body has been established at the University, this member is delegated by the Federal Minister of Education, Science and Research.
(6) The Founding President shall develop standard criteria and procedures on the basis of internationally accepted quality criteria and procedures. The Founding Convention shall adopt these criteria and procedures following their submission by the Founding President.
(7) The Search Committee shall adopt the assessment criteria and the steps of the selection procedure on the basis of the standard criteria and procedures defined under para (6). While doing so, the standard criteria and procedures may be supplemented or adapted e.g. by function-specific or subject-specific criteria. The Search Committee shall, in any event, invite those candidates who are particularly suited for the position for a public presentation and interview.
(8) It may be stipulated that external expert opinions must be obtained from well-known Austrian or international researchers to assist the Search Committee in forming its opinion. The requirement to obtain such expert opinions may be waived in whole or in part if it is to be expected that – having regard to the necessary skills of the candidates in question – the next stages of the procedure will allow for a qualified and well-founded decision to be reached with sufficient clarity; in any event, however, the member delegated by the Founding Convention may insist that such expert opinions be obtained.
(9) The Search Committee shall then produce a ranked list of suitable candidates for a professorship or, if the advertisement is to fill multiple vacancies, shall draw up several shortlists of candidates and give reasons for its selection and/or ranking.
(10) The Founding President has no right to vote in the Search Committee on decisions set out in paras (7) and (8). The Founding President may appoint a member of the Search Committee (para 3 subpara 1 – subpara 2) to act as chairperson for the duration of the decision-making process.
(11) The Founding President may accept, change the ranking within, or even reject the shortlist(s) of candidates. In the event of a rejection, the reasons for such rejection must be explained. After the Founding Convention has confirmed that the procedure was conducted in line with the Bylaws, the Founding President shall proceed with the next steps of the procedure and shall sign an employment contract. If the Founding Convention does not confirm that the procedure was conducted in line with the Bylaws, the procedure must be amended or repeated after consultation between the Founding Convention and the Founding President.
Article 3
Chairs of excellence
(1) If there is an opportunity to recruit particularly qualified researchers and lecturers of international renown and excellent standing who can significantly contribute to the establishment and further development of the University (‘chairs of excellence’), such individuals may be appointed without the need to advertise the position or appoint a Search Committee. Chairs of excellence are personal to the holder of the position.
(2) If such a case arises, the Founding President and the Founding Convention shall inform one another thereof and shall reach an agreement on how to proceed. The establishment of a chair of excellence is subject to prior approval by the Founding Convention (resolution of principle).
(3) The Founding President shall proceed with the next steps of the procedure and – following the approval by the Founding Convention – shall sign an employment contract.
Article 4
Fellowships and professors of practice
(1) Fellowships are temporary professorships with an affiliation to IT:U and another tertiary educational institution or non-university research institute. They aim to promote cooperation between IT:U and a partner institution in shared fields of teaching and research and to enable renowned academics to pursue an academic career at IT:U without prejudice to their other commitments. Fellowship holders are involved in research and teaching, supervise students and doctoral students, and have access to internal sources of funding at both partner institutions. When establishing a fellowship, the Founding President and the Founding Convention shall specify what is expected of the person to be appointed in terms of research, teaching, and other contributions. The establishment of a fellowship with a person working at an Austrian partner institution is subject to the written approval of the competent supreme governing body of the relevant partner institution to ensure that the strategic interests of both partner institutions are safeguarded.
(2) Fellowships are personal to the holder of the position. The fellowship ends upon termination of employment or retirement of the holder from the partner institution due to age or for any other reason, unless the Founding Convention, acting on a proposal by the Founding President, resolves otherwise; the fellowship also ends upon appointment pursuant to Article 1 or 2 of Part IV of the Bylaws.
(3) Professor of practice positions may be established for individuals who possess proven excellent knowledge and skills without necessarily having authored academic publications and who are actively employed by a non-academic institution or by the University itself to recruit them as teachers. The number of such positions must not exceed the extent of two full-time professorships or 10% of the full-time professorships established at the University.
(4) Professor of practice positions are personal to the holder and are usually established for a fixed term.
(5) With the approval of the Founding Convention, professors of practice may be appointed without advertising the position. In all other respects, the provisions relating to professorships apply mutatis mutandis subject to the proviso that the Founding Convention shall decide on the appointment once the Search Committee has submitted its opinion.
Article 5
Adjunct lecturers
(1) Adjunct lecturers are highly qualified individuals entrusted with the task of teaching courses; they are granted an authorisation to teach the courses in question for a fixed term.
(2) Adjunct lectureships are awarded by the Founding President, who shall inform the Founding Convention of the lectureships awarded and the lecturers recruited for the respective semester.
Article 6
Members of the first management level
(1) Vacancies for members of the first management level are advertised and filled on the basis of the Strategic Development Document, the Organisational Structure Plan, and any additional agreements between the Founding Convention and the Founding President. The advertisements are published by the Founding President once the Founding Convention has approved the proposed text of the advertisement. The Founding President decides on the number and time of the advertisements. The period for submitting applications must be at least three (3) weeks.
(2) Vacancies must be advertised on the CIP as well as, in any event, on an international level in an appropriate manner; the latter may also take the form of a reference to the advertisement published on the CIP. The advertisements may also cover multiple positions at a time with a broad range of competences and responsibilities. Positions in university administration may also be connected with duties in research and teaching.
(3) The Founding Convention shall participate in the selection procedure to be conducted by the Founding President by nominating a person who must be involved in an advisory capacity at the latest at the stage when a final selection is to be made from the preselected candidates. The Founding President may also engage an external consulting firm for staff selection processes to facilitate the procedure, and shall draw up a well-founded shortlist of candidates.
(4) Once the approval of the Founding Convention has been obtained, the Founding President shall sign an employment contract.
(5) If a member of the first management level is appointed to a professorship, the provisions relating to the establishment of fellowships apply mutatis mutandis.
Part V of the Bylaws
Final provisions
These Bylaws enter into force at the end of the day of their publication on the website https://it-u.at/, are subject to evaluation by 31 December 2024, and cease to be effective at the end of 30 June 2025.
Part VI of the Bylaws
Organisational Structure Plan
Article 1
University management
(1) The Founding President manages the University and represents it in dealings with third parties. He or she decides – based on the regulations on cooperation between the Founding President and the Founding Convention – on all matters not expressly assigned to another governing body under the IDSA Foundation Act. The Founding President is, in particular, responsible for managing the day-to- day business and setting up a work organisation structure.
(2) The Founding President may appoint other persons to act for the University by granting them powers of attorney to enter into individual transactions, limited powers of attorney covering one or more specific areas of activity and – subject to the approval of the Founding Convention – general powers of attorney.
(3) The Founding President shall establish a first management level (Article 6 of Part IV of the Bylaws) consisting of the Managing Director and a maximum of five Founding Directors, who are in charge of individual areas of responsibility, including the administrative and functional leadership of the staff assigned to them or reporting to them, with direct oversight by the Founding President.
(4) To coordinate the various areas of activity, the Founding President shall establish and chair a Founding Management Board (FMB) that has an advisory role and consists of the Managing Director and the Founding Directors. The Founding Management Board is not a collegial body within the meaning of Article 81c of the Federal Constitutional Act.
(5) The Founding Convention may, acting on a proposal by the Founding President, appoint one or two members of the Founding Management Board as Vice President(s). They represent the Founding President in the event of the latter’s absence; this also applies if the Founding President is unable to perform his or her duties due to serious illness or similar circumstances. The Founding President defines the responsibilities of the Vice Presidents with due regard to their managerial authority and may also entrust the Vice Presidents with additional tasks.
Article 2
Founding Directors, Managing Director
(1) The Founding Directors are responsible for the development and management of their area of responsibility and for the budget assigned to it, including the administrative and functional leadership of their staff. They are required to take all conceptual and substantive decisions necessary for this purpose and to ensure that the individual areas evolve in innovative ways. As regards the respective areas of responsibility, this includes, without limitation:
1. serving on the Founding Management Board to ensure a holistic view of the University’s development and to take collaborative action to achieve the objectives;
2. participating in university-wide strategic development and quality assurance processes;
3. signing a target agreement with the Founding President;
4. strategic planning for the respective area of responsibility in line with the strategic multi- year plan and in accordance with the target agreement signed with the Founding President;
5. drafting a development plan as well as budget and staffing plans for the respective area of responsibility;
6. setting up the assigned areas of responsibility and the required structures in line with the overarching objectives;
7. the organisational management and coordination of activities in the respective area of responsibility, including the distribution of resources;
8. the administrative and functional leadership of the assigned university staff;
9. making expedient use of the allocated funds and resources in line with the defined policies and approval processes, especially in compliance with the dual control principle and the principles of efficiency, economy and expediency;
10. submitting regular reports to the Founding President.
(2) The Founding Directors’ autonomy in staffing matters in the respective areas of responsibility also includes – without prejudice to the Founding President’s overall organisational responsibility – decision-making authority on filling vacancies in the context of staff selection procedures. Furthermore, the Founding Directors are entitled to delegate all necessary functional and organisational activities. Key elements of the organisational and operational structures, especially such that may affect other areas of responsibility, must be agreed in advance within the Founding Management Board, with fundamental decisions in the respective areas of responsibility requiring the approval of the Founding President.
(3) The areas of responsibility of the Founding Directors must be defined and allocated by the Founding President. The allocation of responsibilities is subject to the approval of the Founding Convention. In any event, concrete and specific performance indicators and development goals must be defined across different planning horizons for each Founding Director on the basis of the allocated responsibilities.
(4) If administrative functions are combined with duties in research and teaching, the extent of the administrative functions and academic commitments must be defined along with concrete, specific objectives.
(5) Paras (1) and (2) apply mutatis mutandis to the Managing Director. In particular, the Managing Director is also responsible for dealing with and/or ensuring the implementation of overarching and essential cross-cutting matters, e.g. those in line with the aspects referred to in Article 1 (2) to (3) of Part I of the Bylaws or issues of employee protection, privacy or whistle-blower protection.
Article 3
Overall organisation
(1) The University is structured around three organisational units:
1. Department Science & Education,
2. Department Central Services,
3. Office of the Board.
(2) Research and teaching are to be organised within the Department Science & Education in accordance with Articles 5, 6 and 7. The Founding Directors and their areas of responsibility are assigned to the Department Science & Education. The Department Science & Education is headed by the Founding President with due regard to the freedom of research and teaching of the university members working there.
(3) Central administrative services are to be organised within the Department Central Services, within which divisions or other structures may be established. The Department Central Services is headed by the Managing Director.
(4) The Office of the Board is an auxiliary body designed to support the university management in administrative and organisational matters. The Office of the Board is headed by the Founding President. To support the activities of the Founding Convention, an Office of the Founding Convention is to be established within the Office of the Board along with the necessary spatial and administrative resources. Within the scope of their assignment, the staff members of the Office of the Founding Convention are bound only by the instructions of the chairperson of the Founding Convention as regards the content of their activities.
(5) The Founding President shall inform the Founding Convention of the current organisational structure at least once a year upon the start of the academic year.
Article 4
University staff
(1) All staff members of the University (university staff) must be assigned to an organisational unit by the Founding President. If any staff members are assigned to two or more organisational units, the extent, functional scope and objectives of these measures must be defined by the Founding President acting in concert with the Founding Directors concerned and the Managing Director.
(2) Within a department, individual staff members or groups of staff members may be assigned to the area of responsibility of the Managing Director or of a Founding Director. In such a case, the relevant Director acts as their direct superior.
Article 5
Department Science & Education
(1) Research and teaching at the University are to be organised within the Department Science & Education, within which research groups or other structures may be established. These are designed to deliver academic achievements in research, teaching and the tasks incumbent on the University as part of its social responsibility as a catalyst and contributor to social, economic and technological developments (Third Mission) as well as to serve quality assurance functions.
(2) To promote the University’s interdisciplinary profile, research platforms may be established that bring together academics from at least two research groups to conduct joint research.
(3) The internal structure of the Department Science & Education pursuant to paras (1) and (2) is defined and, if necessary, modified by the Founding President. The Founding President shall establish work, information and communication processes to foster interdisciplinary research and to support and facilitate work on joint research projects as a matter of priority.
(4) The Founding President shall appoint – and, if necessary, dismiss – suitable academics to head the sub-divisions referred to in paras (1) and (2). The Founding President is also entitled to delegate all necessary staffing and organisational responsibilities and/or grant appropriate authorisations to these sub-divisional heads.
Article 6
Organisation of teaching and learning
To support the efficient development of the degree and educational programmes offered by the University, it is necessary to establish at least one or more areas of responsibility dedicated to the central performance of educational and programme-related functions. This includes the development, implementation and further development of the range of degree and educational programmes as well as the evaluation of such programmes and of innovative teaching, learning and examination methods and formats; student and teacher representatives must be involved in this process in an advisory capacity. Responsibility for the establishment, structuring and management of these areas of responsibility lies with the competent Founding Director, who must exercise this function in cooperation with the study programme directors of the degree or educational programmes.
Article 7
University budget
(1) The Founding President is responsible for the university budget and its implementation. For this purpose, the Founding President shall establish an effective control system that requires, in particular, the principle of dual control to be applied whenever liabilities are incurred or payments are made.
(2) The Founding Convention can draw on those parts of the university budget allocated to it for the purpose of performing its activities and conducting its affairs. Any procurement and commissioning must comply with the general policies in place at the University. Any related financial and accounting operations, including payment processing and monitoring, must be carried out by the competent organisational unit within the University’s administration on behalf of the Founding Convention.
Provisional Bylaws
of the Institute of Digital Sciences Austria a.k.a.
Interdisciplinary Transformation University (IT:U)
In its meeting of 24 September 2024, the Founding Convention of the Institute of Digital Sciences Austria (IDSA) adopted the following part of the provisional Bylaws on the basis of section 8 para 2 subpara 14 of the Federal Act on the Institute of Digital Sciences Austria (Interdisciplinary Transformation University) (Bundesgesetz über das Institute of Digital Sciences Austria [Interdisciplinary Transformation University]), Federal Law Gazette I No. 43/2024:
Part VII of the Bylaws
Study regulations
Degree programmes
Article 1 Degree programmes and academic degrees
Article 2 University entrance and admission to degree programmes
Article 3 Selection and admission procedures
Article 4 Students
Article 5 Rights and obligations of students
Article 6 Interruption of the degree programme
Article 7 Expiry of admission
Article 8 Curricula
Article 9 Adoption of and amendments to curricula
Article 10 Modules
Article 11 Courses
Article 12 Structure of the academic year
Assessments and examinations
Article 13 General examination regulations
Article 14 Assessments and examinations
Article 15 Assessment of examinations, other assignments and comprehensive examinations
Article 16 Conduct of examinations
Article 17 Examination dates, registration for course examinations and other examinations
Article 18 Examinations by a panel
Article 19 Final examination by a panel
Article 20 Innovative teaching, learning and examination formats
Article 21 Use of unauthorised aids
Article 22 Legal relief
Article 23 Recognition of academic achievements and competences for credit transfer
Article 24 Course evaluation by students
Article 25 Measures to support mobility and academic feasibility
Integrity in academic and artistic learning, teaching and research
Article 26 Good academic and artistic practice
Article 27 Master’s and doctoral theses
Article 28 Invalidation of examinations and academic theses or artistic submissions
Nostrification
Article 29 Nostrification
Article 30 Evaluation procedure for nostrification
Article 31 Final provisions
Degree programmes
Article 1
Degree programmes and academic degrees
(1) The University is entitled to establish bachelor’s, master’s and doctoral programmes as well as continuing education certificate programmes pursuant to sections 56 and 70 of the Universities Act (Universitätsgesetz, UG) within its sphere of activity. The workload associated with bachelor’s programmes must amount to at least 180 ECTS credits and that associated with master’s programmes to at least 120 ECTS credits. The workload associated with master’s programmes must amount to at least 60 ECTS credits, provided that the bachelor’s programme completed beforehand amounted to 240 ECTS credits. The duration of Doctor of Philosophy programmes is at least three years. PhD programmes may also be offered as combined master’s and PhD programmes. The duration of such combined programmes is at least five years.
(2) Degree programmes may also be run as joint programmes within the meaning of section 54d of the Universities Act or as jointly offered programmes within the meaning of section 54e of the Universities Act.
(3) The President shall award the bachelor’s, master’s or PhD degrees specified in the relevant curriculum to graduates of the bachelor’s, master’s or PhD programmes offered by the University once they have passed all academic requirements prescribed by the curriculum.
(4) Students shall pay a tuition fee in the amount of EUR 600 per semester if they exceed the prescribed duration of the degree programme by more than two semesters.
(5) The University is entitled to establish continuing education certificate programmes in the fields covered by the degree programmes it offers. These certificate programmes must be integrated into the University’s internal quality assurance and quality enhancement processes. The quality of teaching must be assured by faculty with adequate academic, academic-artistic, artistic or practical professional and teaching qualifications.
(6) Students attending continuing education certificate programmes shall pay a programme fee, the amount of which must reflect the actual costs of the certificate programme. Para (4) does not apply.
(7) The language of instruction and examination is English.
Article 2
University entrance and admission to degree programmes
(1) Admission to a degree programme (university entrance) requires a general university entrance qualification. Proof of a general university entrance qualification must be provided by one of the following documents:
1. an Austrian secondary-school leaving certificate, an Austrian secondary-school leaving and diploma certificate or an Austrian general higher education entrance examination certificate, or any certificate deemed to be equivalent to the above by an agreement under international law;
2. an Austrian certificate attesting a higher education entrance qualification limited to a specific group of studies at a university, a university college of teacher education or a university of applied sciences;
3. a certificate of graduation from a degree programme of at least three years’ duration (on a full-time basis or amounting to 180 ECTS credits) at a recognised post-secondary educational institution in Austria or abroad;
4. in the case of art studies, a confirmation that the admission examination has been passed;
5. an IB diploma obtained in accordance with the regulations of the International Baccalaureate Organization; or
6. a European Baccalaureate according to Article 5 (2) of the Convention defining the Statute of the European Schools (Vereinbarung über die Satzung der Europäischen Schulen), Federal Law Gazette III No. 173/2005.
(2) Proof of a general university entrance qualification may also be established by a foreign qualification if there is no substantial difference to the general university entrance qualification as described in para (1) subpara (1). In particular, no substantial difference is deemed to exist where
1. the qualification gives access to all sectors of higher education institutions in the country of issue,
2. the duration of schooling is at least twelve years, and
3. the qualification predominantly focuses on general educational contents, as evidenced by the completion of six general education subjects (two languages, mathematics, one natural sciences subject, one humanities subject as well as one additional general education subject) at the upper secondary level.
If the duration of schooling referred to in subpara (2) is only eleven years, or if any educational contents required pursuant to subpara (3) are lacking, the President may require no more than a total of four supplementary examinations to be passed prior to admission.
(3) A general university entrance qualification for admission to a master’s programme must be established by proof of completion of a related bachelor’s programme, of another related degree programme of at least the same academic level at a recognised post-secondary educational institution in Austria or abroad or of a degree programme defined in the curriculum of the relevant master’s programme. To compensate for any substantial differences in the subjects taught, applicants may be required to pass supplementary examinations before the end of the second semester of the master’s programme.
(4) A general university entrance qualification for admission to a PhD programme must, except in the case of para (5), be established by proof of completion of a related diploma or master’s programme or of another related degree programme of at least the same academic level at a recognised post-secondary educational institution in Austria or abroad. To compensate for any substantial differences in the subjects taught, applicants may be required to pass supplementary examinations before the end of the second semester of the PhD programme.
(5) A general university entrance qualification for admission to a PhD programme may also be established by proof of completion of a related bachelor’s programme, provided that the bachelor’s programme was completed within the prescribed duration of studies and with a particular level of academic excellence. The President shall decide on a case-by-case basis on whether to grant admission under para (5).
Article 3
Selection and admission procedures
(1) If the admission requirements pursuant to Article 2 are met, an educational contract is signed between the applicant and the University, represented by the President. In addition to the principal services provided by the University, this educational contract also specifies the rights and obligations of students, including, without limitation, compliance with the curriculum and the policies and guidelines of IT:U as amended from time to time, confidentiality and due diligence obligations, copyrights and rights of use, liability for damage or loss as well as any interruption or repetition of an academic year.
(2) Detailed provisions regarding the selection procedures prior to admission, in particular the number of first-year students, deadlines, electronic registration, online application, entrance tests (if any), the advisory selection committee and selection interviews, as well as the applicable admission periods, must be laid down by the President or specified in the individual curricula.
(3) During the selection process, applicants are required to provide proof of their identity and furnish evidence pursuant to section 27 of the Federal Act on the Institute of Digital Sciences Austria (Interdisciplinary Transformation University), Federal Law Gazette I No. 43/2024, that they meet the admission requirements (bachelor’s, master’s or doctoral programme or continuing education certificate programme). Incomplete applications will be rejected.
(4) Applicants must submit authorised translations of documentary evidence (certificates) written in any language other than German or English. When in doubt, certificates executed by foreign authorities must be legalised as required.
Article 4
Students
(1) The legal relationships between the University and its students are subject to private law and are governed by the educational contract.
(2) Students admitted to a bachelor’s, master’s or PhD programme are degree students. Students admitted to a continuing education certificate programme are non-degree students.
Article 5
Rights and obligations of students
(1) Within the limits of the law, students are entitled to freedom to study. This includes, without limitation, the right
1. to be awarded a degree after having met the academic requirements prescribed by the relevant curriculum;
2. to take examinations as students in accordance with the regulations in place at the University;
3. to be examined according to an alternative method if they can establish that they suffer from a disability which makes it impossible for them to take an examination in the prescribed manner and if such alternative method does not have a negative impact on the content and standards of the examination;
4. in the cases specified in section 10 para 1 subparas 19 to 21 of the Federal Act on the Institute of Digital Sciences Austria (Interdisciplinary Transformation University), Federal Law Gazette I No. 43/2024, to lodge a complaint against a decision by the President with the Federal Administrative Court.
(2) Students are obligated to autonomously organise their pace of study with a view to completing their degree programme in a timely manner. In addition, they shall, without limitation,
1. inform the University of any changes to their name or address without delay;
2. re-register for their degree programme to remain enrolled at the University;
3. register for and withdraw from examinations within the specified periods; and
4. submit one copy of their academic thesis or artistic submission or of a related written component of their artistic submission in digital form to the university library and one copy of their doctoral thesis or of a related written component of their artistic doctoral thesis in digital form to the Austrian National Library upon the award of their degree.
(3) The right to serve as a student representative on collegial bodies is based on the provisions of the Students’ Union Act 2014 (Hochschülerinnen- und Hochschülerschaftsgesetz 2014, HSG 2014).
Article 6
Interruption of the degree programme
(1) Students may apply to interrupt their degree programme for a maximum of four semesters.
(2) A degree programme may be interrupted on the ground of
1. compulsory military service, voluntary military service or non-military community service; or
2. sickness, if students establish that such sickness impedes their academic progress; or
3. pregnancy; or
4. responsibilities to care for children or similar care commitments; or
5. taking a voluntary year of community service; or
6. temporary impairment in connection with a disability.
In addition, a degree programme may also be interrupted on other serious grounds specific to an individual student, such as special social circumstances (e.g. professional activity, family-related reasons) or internships over and above those required as part of a degree programme or periods of work abroad.
(3) The application for interruption must be submitted to the President in writing before the end of the general admission period for the semester for which such interruption is sought. All necessary evidence must be enclosed with the application.
(4) The President shall decide on the application for interruption within three weeks of its receipt
Article 7
Expiry of admission
(1) Admission to a degree programme expires, and the educational contract in place with the University ends, if
1. the educational contract in place between a student and the University is dissolved;
2. a student withdraws from a degree programme;
3. a student fails to re-register for their degree programme even though their degree programme has not been interrupted;
4. the President has expelled a student from the University due to serious wrongdoing against fellow students or staff members, serious academic or artistic misconduct, discriminatory behaviour, a criminal offence or defamatory conduct;
5. a student has failed the last permissible resit of an examination prescribed for their degree programme;
6. a student has completed their degree programme by passing the last prescribed examination.
(2) The President shall confirm the expiry of admission to a degree programme in writing, stating the applicable reasons. The student has the right to file an appeal against the expiry of admission to a degree programme with the President, stating the reasons for the appeal, within three weeks of receipt of the written notification of expiry. The President shall decide on the appeal within six weeks of receipt.
Article 8
Curricula
(1) The curricula of the PhD, master’s and bachelor’s programmes must be structured in modules. A module is a unit of limited duration in which teaching and learning contents from a particular subject area are grouped together to ensure optimal learning.
(2) A curriculum must at least set out the following:
1. the name and type of the degree programme;
2. the academic degree;
3. the qualification profile;
4. the types of the modules and courses offered as defined in Articles 10 and 11 as well as other specific types of courses offered under the relevant curriculum in addition to the general types of courses as defined in Article 11;
5. the total number of ECTS credits the degree programme is worth or, in the case of PhD programmes, the minimum duration of the degree programme in years;
6. the number of ECTS credits for the prescribed courses or modules that are individually specified by the President for particular students;
7. the requirements for admission to the degree programme;
8. the procedure to determine the order of registration for modules and courses with limited seats available;
9. provisions on innovative teaching, learning and examination formats;
10. equivalence and transitional provisions, where appropriate.
(3) If necessary, the curriculum must set out details on:
1. any subjects that must be completed before being eligible to attend particular modules or courses;
2. recommendations for academic achievements earned at recognised post-secondary educational institutions in Austria or abroad which can be credited towards the relevant degree programme.
Article 9
Adoption of and amendments to curricula
(2) It must be ensured that teachers and students are involved in the curricula commission. Teachers and students must each make up at least one quarter of its members.
(3) Before a curriculum can be adopted, the President must be heard within a period of at least two weeks.
(4) The curricula adopted by the Board of Trustees and any amendments thereto must be published on the University’s communication and information platform. The curriculum and any amendments thereto become effective no earlier than upon the start of the semester following the date of publication. Once effective, a new curriculum or an amended curriculum applies to all students, unless transitional provisions provide otherwise.
(5) If a curriculum is amended, the new curriculum must include equivalence and transitional provisions that must in any event ensure that, at least for students who have not yet exceeded the prescribed duration of their degree programme or who have exceeded the prescribed duration of their degree programme by no more than five semesters on the date on which the new curriculum becomes effective, any academic achievements already earned are fully credited (in terms of ECTS credits).
(6) In the event of major amendments to a curriculum, students are entitled under special transitional provisions of the curriculum to complete their degree programme according to the previously applicable curriculum within a time period equivalent to one and a half times the legally prescribed duration of the degree programme, provided that the restructuring of the curriculum necessitates a prolonged transitional period to protect students’ legitimate expectations. If the degree programme is not completed within this time frame, students are subject to the new curriculum. Students are free to voluntarily move to the new curriculum at any time.
Article 10
Modules
(1) Degree programmes must be divided into modules; no courses are offered outside the scope of modules. A module is a self-contained learning unit, the contents and methods of which are taught in individual or multiple courses on a particular subject area and within a particular time frame.
(2) Compulsory modules are modules that must be completed to graduate from a degree programme. Compulsory modules consist of compulsory courses. Such courses must be offered at least once every academic year.
(3) Elective modules are a set of modules from among which students are required to choose in line with the conditions specified in the relevant curriculum. Students can select the courses to be completed as part of an elective module from a course catalogue. The courses chosen from such catalogue are elective courses. Elective courses must be offered at least once every academic year.
Article 11
Courses
(1) The University offers the following kinds of courses
1. Compulsory courses are those courses that are characteristic of a degree programme and the completion of which is indispensable; they are subject to assessment of student performance.
2. Elective courses are courses from which students must choose and complete a pre-defined number in line with the conditions specified in the relevant curriculum; they are subject to assessment of student performance.
(2) Modules may comprise the following types of courses:
1. Projects: Projects are courses characterised by project-based learning. Students are guided to work on projects using academic and artistic methods.
2. Seminars: Seminars are courses in which students independently learn, deepen and discuss teaching contents using academic and artistic methods.
3. Project-integrated courses (PiCs): Project-integrated courses are a form of teaching that combines different teaching approaches and teaching formats within a practical framework to facilitate in-depth and application-oriented learning.
4. Field trips: Field trips are courses that take place outside the University. They are designed to deepen knowledge of teaching contents through hands-on experience.
(3) The courses referred to in para (2) may feature continuous assessment of student performance. Further details must be laid down in the curriculum.
(4) The curriculum of a degree programme may specify other types of courses in addition to the general types of courses defined in para (2).
(5) A course consists of a number of teaching units to be specified in the curriculum. One teaching unit is 45 minutes.
Article 12
Structure of the academic year
The academic year starts on 1 October and ends on 30 September of the following year. It consists of the winter semester, which starts on 1 October and ends on 28 or 29 February, and the summer semester, which starts on 1 March and ends on 30 September, each including recess periods. After having heard the opinion of the Board of Trustees, the President shall enact detailed regulations on the start and end of recess periods. The winter and summer semesters must each extend over a period of at least 15 weeks.
Assessments and examinations
Article 13
General examination regulations
(1) Examinations or similar methods of assessment must be scheduled promptly after the course (relevant stage of a project) in which the contents relevant to the examination or project were taught or worked on.
(2) If examinations are held using electronic communication, the proper conduct of the examination must be ensured. Detailed provisions on holding examinations online are laid down by the President in the Policy on Virtual Teaching and Online Examinations.
(3) Students must be permitted to inspect the assessment documents (in particular the presentation detailing the progress achieved in a project) and the examination records if requested by a student within six months of notification of their grade. Students are entitled to make photocopies of such documents.
(4) As regards the retention of specific data, section 53 of the Universities Act applies.
Article 14
Assessments and examinations
The following types of assessments and/or examinations are in use at the University:
1. Course examinations: Examinations to assess knowledge and skills taught in an individual course.
2. Module examinations: Examinations to assess knowledge and skills taught in a module covering more than one course.
3. Courses with continuous assessment of student performance: Courses in which assessment is not based on a single examination at the end of the course but on regular written, oral and/or practical contributions by students during the course. In courses with continuous assessment of student performance, attendance is mandatory (80% of contact hours, both face-to-face and online). The course instructor may exempt students from the attendance requirement for individual classes of the course.
4. Comprehensive examinations concluding a degree programme: The comprehensive examination concluding a degree programme must be held in the form of an examination by a panel of examiners.
Article 15
Assessment of examinations, other assignments and comprehensive examinations
(1) Examinations, other assignments and independently written theses or papers must be assessed using the Austrian grading system ranging from 1 to 5 (Excellent, Good, Satisfactory, Sufficient and Fail). Alternatively or additionally, an international grading system equivalent to the Austrian system may also be used for the assessment. Further details must be laid down in the curricula.
If this type of assessment is impossible or inexpedient, a passing grade must be stated as ‘successfully completed’ or ‘credit transferred’.
If an examination or other assignment was failed, it may be repeated twice.
(2) The comprehensive examination concluding a degree programme must be assessed according to the following grade scale:
1. Passed: to indicate that the examination was passed.
2. Passed with merit: to indicate that the student’s performance was well above average.
3. Passed with distinction: to indicate that the student’s performance was outstanding.
4. If the comprehensive examination concluding a degree programme was failed, it may be repeated twice.
(3) Assessments of examinations, other assignments and independently written theses or papers must be evidenced by a certificate. It is also possible to issue transcripts of examinations and other assignments taken during a semester.
(4) Certificates must be issued without delay, but not later than four weeks after the performance to be assessed was rendered; transcripts must be issued within four weeks after the end of a semester.
(5) Unless a different grading scale is announced at the start of a course, the following scale is applied (in relation to the total maximum score that can be achieved in that particular course):
< 50% Fail
≥ 50% and < 63% Sufficient
≥ 63% and < 75% Satisfactory
≥ 75% and < 88% Good
≥ 88% Excellent
Article 16
Conduct of examinations
(1) Examinations and assessments must give students the opportunity to demonstrate the competences, skills and contents they have acquired or learned, taking into account the content and scope of the subjects taught in the courses.
(2) Examinations may be held in writing or orally.
1. Oral examinations are examinations in which the examination questions have to be answered orally. They are open to the public; however, access may be limited due to spatial constraints.
2. Written examinations are examinations in which student performance is assessed in writing.
3. Courses with continuous assessment of student performance are courses in which attendance is mandatory and in which the overall grade is based on a set of performance components assessed orally and/or in writing during the course throughout the entire semester. If the overall grade is a failing grade, students must repeat the course as a whole. In total, the course may be repeated twice.
4. Oral and written examinations may be held using means of electronic communication.
(3) Furthermore, components of written or oral examinations may also be performed in the form of practical, experimental or artistic work. Students must be informed of the result of an oral examination immediately after the examination has ended. If a student has received a failing grade, the reasons as to why such grade was assigned must be explained to the student upon request.
(4) If a student fails to attend an examination without having presented a reasonable excuse, the student is to be assigned a failing grade. Once a student has appeared for an examination and has demonstrably taken note of the first question on the subject matter of the examination, this counts as an examination attempt. In the case of courses with continuous assessment of student performance, demonstrable acceptance of the first part of the assignment by the student is deemed to constitute an examination attempt.
Article 17
Examination dates, registration for course examinations and other examinations
(1) Examination dates must be scheduled by the President in a manner that allows students to complete their studies within the time frame specified in the relevant curriculum. Examination dates must be announced in an appropriate manner. Examinations may also be held at the start and end of recess periods. Examination dates must be scheduled at the very least for the semester in which the course was held (after the end of the course) and at the beginning of the next semester.
(2) The President shall allow a period of at least two weeks to register for examinations.
Article 18
Examinations by a panel
(1) In the case of courses without continuous assessment of student performance, the second resit of an examination must in any event be held in the form of an examination by a panel.
(2) The President shall appoint examination panels for such examinations. An examination panel must consist of at least three persons. One member of the examination panel must be appointed as chairperson.
(3) The chairperson must ensure that the examination is conducted in an orderly fashion and must keep an examination record. The record must include the subject, place and time of the examination, the name of the examiner or the names of the members of the examination panel, the student’s name, the questions asked, the grades assigned, the reasons for assigning a failing grade as well as any unusual incidents. Upon request, the student must be informed in writing of the reasons as to why a failing grade was assigned.
(4) In the case of written examinations by a panel, the chairperson must ensure that the examination is conducted in an orderly fashion and must keep an examination record. To ensure that the grade can be adequately reviewed, the examiner shall submit, by appropriate means, all documents necessary to perform a review as well as the examination record to the examination panel.
(5) In the case of oral examinations by a panel, all members of the examination panel must be present throughout the entire examination. All members of the examination panel are entitled to pose questions to the student.
(6) The examination panel shall deliberate and vote on the result of an examination by a panel in a non-public meeting following an oral or written exchange of views among the members. The resolutions of the examination panel are passed by a majority of votes; the chairperson shall exercise their voting right in the same way as the other members of the examination panel but shall vote last.
(7) If the examination panel is unable to reach an agreement on the grade to be assigned in the examination, the grades suggested by the members must be added up, the result of the addition divided by the number of members, and the result rounded to a whole number. If the value is ≤ x.5, the result must be rounded up.
Article 19
Final examination by a panel
(1) If the comprehensive examination required to graduate from a degree programme is to be held by a panel, the relevant details must be laid down in the curriculum. The comprehensive examinations concluding a degree programme, the public defence of the master’s thesis in a master’s programme and the oral examination concluding a PhD programme must in any event be held by a panel.
(2) The President shall appoint university professors, associate professors, professors emeriti, retired professors and non-tenured associate professors to hold final examinations by a panel.
(3) The President is also entitled to appoint persons authorised to teach at a recognised university in Austria or abroad or members of an external research institution, provided that their qualification is equivalent to a habilitation degree (venia docendi) as held by the persons referred to in para (2).
(4) If necessary, the President is also entitled to appoint academic staff from the fields of research, art and teaching or other experts with professional or non-professional qualifications to act as examiners during final examinations by a panel in bachelor’s and master’s programmes.
Article 20
Innovative teaching, learning and examination formats
(1) For the purpose and in the interest of advancing and testing innovative teaching, learning and examination formats, curricula may also include provisions that derogate from Article 14 and Articles 16 to 18. It is necessary to state the reasons as to why such provisions were included as well as to ensure that highest standards of academic teaching, methodology and procedural quality are met and that the academic achievements earned by graduates are transparent and comparable.
(2) Provisions as referred to in para (1) are subject to regular evaluation and must be limited in duration. As regards the time limitation of such provisions, the curriculum must include transitional provisions to be drafted in such a way that students do not suffer any disadvantage in terms of the content or duration of their studies.
Article 21
Use of unauthorised aids
(1) If a student is found to be attempting to use unauthorised aids during an examination or assessment, a warning must first be issued. If the student repeats the attempt or is found to have made actual use of an unauthorised aid, the unauthorised aid must be confiscated immediately and taken as evidence. The circumstances and time must be noted in the examination record. The examination is deemed to have been discontinued and the student is assigned a failing grade; this also applies in case the student persistently refuses to hand over the unauthorised aid to the invigilator. Unauthorised aids of financial value (such as mobile electronic devices) must be returned to the student concerned at the end of the examination or assessment. The return of the item must be noted in the examination record and confirmed by the student’s signature.
(2) If, in the course of correcting examinations or assessments, a suspicion arises that an unauthorised aid may have been used or that the Guidelines for Ensuring Good Academic and Artistic Practice may have been breached as a result of plagiarism or other form of academic dishonesty, the examiner shall establish the facts (e.g. by conducting a follow-up interview with the student) and document the incident by writing a memo and/or by securing evidence. The student is assigned a failing grade on the examination or assessment.
(3) If a failing grade has been assigned pursuant to para (1) or (2), students are entitled to request, within four weeks of notification of the failing grade, that the grade be evaluated by the President. Students must be informed of the possibility of making such a request at the latest when they are notified of the grade.
Article 22
Legal relief
Students have no recourse to the courts of law concerning grades assigned for an examination or similar assessment of performance. If there were any deficiencies in the way a failed examination or similar assessment of performance was conducted, students may file an objection with the President within four weeks; the President may annul the examination or similar assessment of performance. Students may continue to attend courses until a decision on the objection has been made.
Article 23
Recognition of academic achievements and competences for credit transfer
(1) Examinations, other academic achievements and competences may be recognised and credited against particular modules, projects or courses based on a comparison of the learning outcomes. Documented academic achievements and competences must be recognised if there are no substantial differences to the academic achievements and competences (learning outcomes) acquired in the target programme. Students may be required to demonstrate their knowledge in a test.
(2) The President can only recognise professional or non-professional qualifications after having conducted a validation procedure in line with international standards.
(3) The following standards must be used as criteria to validate the learning outcomes of qualifications:
1. the state of the art in the relevant field of study and teaching;
2. the objectives to be achieved in the relevant modules and/or courses as defined in the respective curriculum.
(4) The qualifications must be evidenced by appropriate documents during the validation procedure. If the learning outcomes and competences sought to be recognised cannot be ascertained on the basis of the provided documents, the President may order an assessment (e.g. assessment interview, random testing, work samples) to be conducted by qualified academic staff.
(5) Academic theses and artistic submissions cannot be recognised for credit transfer.
(6) Competences as referred to in para (2) may be recognised up to a maximum of 90 ECTS credits in each case.
Article 24
Course evaluation by students
(1) Courses are evaluated periodically, with evaluation being mandatory every third semester. The aim is to assure and promote the quality of teaching by supporting faculty members in organising and enhancing their teaching practices in an autonomous and professional manner.
(2) It must be ensured that the evaluation is conducted in compliance with data protection regulations and in a secure manner. The evaluation process itself is critically reviewed and refined on an ongoing basis. Students’ participation in course evaluation is anonymous and voluntary; however, their participation in the continuous enhancement of quality is essential for the evaluation to be successful. Students are given prior notice of the evaluation.
(3) The results of the evaluation are analysed by automated means and, insofar as student information is concerned, presented in anonymous form.
(4) The results of the course evaluation are provided to faculty members and their administrative superiors.
(5) Faculty members are personally responsible for continuously enhancing the quality of their teaching; if necessary, they are offered coaching in higher education teaching or a range of training opportunities.
Article 25
Measures to support mobility and academic feasibility
(1) Degree programmes are designed with a view to embedding national and international student mobility in their fabric.
(2) Degree programmes are designed with a view to facilitating the reconciliation of studies and care responsibilities for children and other dependants.
(3) The President may, for individual students at their reasoned request, specify modules that are deemed equivalent in terms of the qualification profile set out in the curriculum.
(4) The President may, for individual students at their reasoned request and based on the principle of equivalence, specify an individual combination of the elective modules set out in the curriculum and the courses included in such modules.
(5) Without prejudice to the recognition of examinations for credit transfer pursuant to Article 23, the President shall, when admitting a student to a degree programme, specify substitute achievements to be earned in lieu of any academic achievements prescribed by the curriculum that the student has already earned in the same or in a similar form to graduate from the degree programme required for admission to the programme in question. Such substitute achievements must reflect the qualification profile set out in the curriculum.
Integrity in academic and artistic learning, teaching and research
Article 26
Good academic and artistic practice
(1) Integrity in academic and artistic learning, teaching and research at educational institutions as referred to in section 1 para 1 of the Act on Quality Assurance in Higher Education (Hochschul-Qualitätssicherungsgesetz, HS-QSG) involves compliance with good academic or artistic practice as well as a culture of academic or artistic honesty and quality. It governs all actions by the people associated with such educational institutions in the worlds of academia and research, advancement and appreciation of the arts as well as teaching and learning.
(2) Good academic or artistic practice means compliance with legal rules, ethical standards and the state of the art in the relevant discipline within the framework of the relevant educational institution’s tasks and objectives. Certain forms of non-compliance with good academic or artistic practice are considered academic or artistic misconduct.
(3) Academic or artistic misconduct is deemed to exist in any case where a person
1. interferes with or sabotages another person’s research or artistic activities,
2. uses unauthorised aids, including any improper use of artificial intelligence applications,
3. relies on the unauthorised help of another person when writing a thesis or paper, taking an examination or preparing an artistic submission, or uses commissioned work authored by a third person (ghostwriting),
4. copies and passes off as one’s own, in whole or in part, texts, ideas or artistic work, including, without limitation, where someone uses texts, theories, hypotheses, findings or data by directly quoting, paraphrasing or translating them without properly acknowledging and referencing the source and the original author (plagiarism), or
5. fabricates or falsifies data or results.
(4) The Founding President may decide to suspend a student from their studies for a maximum period of two semesters if the academic or artistic misconduct is of a serious nature and the student acted intentionally. The student may lodge a complaint against such a decision with the Federal Administrative Court. Further details are laid down by the President in the Guidelines for Ensuring Good Academic and Artistic Practice.
(5) Students are bound by the Honour Code of the University to abide by the Guidelines for Ensuring Good Academic and Artistic Practice.
Article 27
Master’s and doctoral theses
(1) In a master’s programme, students are required to write a master’s thesis.
(2) In a PhD programme, students are required to write a doctoral thesis.
(3) Any work on the topic and any supervision of students must be performed in compliance with the Guidelines for Ensuring Good Academic and Artistic Practice as well as the rules on handling data currently in force at IT:U.
(4) Faculty members are entitled to supervise and assess master’s theses if they have at least completed a doctoral programme. Any supervision and assessment by other persons is subject to the President’s approval.
(5) Faculty members are entitled to supervise and assess doctoral theses if they hold a habilitation degree or are classified as holding a qualification equivalent to a habilitation degree by virtue of their appointment as a university professor or otherwise. Any supervision and assessment by other persons is subject to the President’s approval.
(6) Two or more students may work on a joint topic for their academic thesis or artistic submission as long as each student’s individual contribution can be clearly identified and assessed separately.
(7) Students must have passed their master’s thesis to be admitted to the comprehensive examination pursuant to section 29 para 2 of the Federal Act on the Institute of Digital Sciences Austria (Interdisciplinary Transformation University), Federal Law Gazette I No. 43/2024.
(8) The passed thesis must be published by submitting a digital copy to the University’s library. When depositing the master’s or doctoral thesis, the author is entitled to request that access to the deposited copies be withheld for a maximum of five years from the date of deposit. The request is to be allowed if the student provides credible evidence that their material legal or commercial interests would otherwise be at risk.
Article 28
Invalidation of examinations and academic theses or artistic submissions
The assessment of an examination or of an academic thesis or artistic submission must be invalidated by the President if, in particular, such assessment was obtained surreptitiously as a result of serious academic or artistic misconduct pursuant to section 2a of the Act on Quality Assurance in Higher Education.
Nostrification
Article 29
Nostrification
(1) Applicants shall specify the degree programme offered by the University that is comparable to the degree programme completed abroad in the application for nostrification and shall submit such application to the President.
(2) Applications require evidence of the fact that nostrification is indispensable for the applicant to practice their profession or to continue their education in Austria. Nostrification is indispensable in any case where the applicant wishes to engage in a professional activity in Austria the practice of which is restricted by law or other regulation to persons holding an Austrian academic degree (licence to practice a regulated activity).
(3) It is not permitted to submit the same application for nostrification to more than one university at a time or to withdraw the application and resubmit it to a different university.
(4) The following documents must be enclosed with the application:
1. proof of identity;
2. proof that the quality of the recognised post-secondary educational institution abroad is comparable to that of a recognised post-secondary educational institution in Austria, unless this is beyond doubt for the Dean of Studies;
3. proof of the degree programmes completed at the recognised post-secondary educational institution abroad;
4. the certificate issued as evidence of the award of the academic degree or, if no academic degree was to be awarded, of proper completion of the degree programme.
(5) If necessary, the applicant shall submit authorised translations of foreign-language certificates. As regards certificates pursuant to para (4) subpara (4), the original certificates must be submitted.
(6) The President is entitled to release a student from the obligation to submit certain documents if the student presents credible facts showing that obtaining the certificates within a reasonable period is impossible or is associated with substantial difficulties, and if the documents submitted are sufficient to make a decision.
Article 30
Evaluation procedure for nostrification
(1) The President shall examine, taking into account the curriculum applicable at the time when the application is filed, whether the structure of the non-Austrian degree programme is such that the programme is equivalent to the Austrian degree programme specified in the application in terms of the overall education outcome.
(2) If the degree programme is essentially equivalent and only individual supplementary elements are lacking to achieve full equivalence, the President shall admit the applicant as a non-degree student and shall require the student to take specific examinations and, if necessary, write an academic thesis to achieve equivalence within a reasonable period to be specified.
(3) The provisions on the recognition of documented academic achievements and competences for credit transfer do not apply.
Article 31
Final provisions
This part of the Bylaws enters into force at the end of the day of its publication on the website https://it-u.at/, is subject to evaluation by 31 December 2024, and ceases to be effective at the end of 30 June 2025.
For the Founding Convention:
Claudia von der Linden
Chairperson of the Founding Convention