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Education contractAs the admission of students to a degree programme establishes a legal relationship, the course-providing bodies and the students enter into an education contract. In case of minor students, the education contract has to be signed by a legal guardian.
» Drawing up an education contract
» Rights and duties of course-providing bodies
» Rights and duties of students
» Terminating the contract
Drawing up an education contractBasically, the principle of private autonomy applies to the design of an education contract. The liberties for drawing up a contract, however, are limited in particular by the Fachhochschule Studies Act (Fachhochschul-Studiengesetz, FHStG) and other legal provisions such as the contract law of the General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB), the administrative decision on accreditation of the FH Council, and the explicit accountability of the course-providing bodies, which results from the support through public funds. It is recommended to explicitly name the contract "education contract". The following items should always be included:
- Name of the contracting parties (course-providing bodies and students);
- Name of the degree programme;
- Length of study period;
- Consequences of violation of the contract;
- Legal venue (name of the competent court in case of a dispute);
- Financial obligations (tuition fees);
- Place and time the contract is concluded.
The main part of the education contract is the agreement on the mutual rights and obligations of the contracting parties.
An education contract may not include any terms that violate legal provisions or the FH Council's administrative decision on accreditation. If an education contract contains, for example, unilateral burdens for students, this might be considered as contra bonos mores. The following contract terms, for example, are considered inadmissible:
- Restricted admission: The education contract may not contain any restricted admission clauses that are contrary to the principle of equality, which is protected under the constitution, or that are incompatible with section 4 sub-section 1 FHStG.
- » Admission fees: Collecting charges for the participation in the entrance procedure for FH degree programmes is not stated in the FHStG.
- Penalty: Completing a study programme is an accomplishment that cannot be obligated. Imposing a penalty in case a student drops out of the programme is incompatible with the principle of freedom of education, and therefore a penalty may not be stipulated.
Rights and duties of course-providing bodiesThe course-providing bodies undertake to guarantee the proper operation of study programmes, i.e. they give an education guarantee. Conditions have to be created for the students that enable them to complete their study programmes within the scheduled study period as successfully as possible. This duty (scope of the courses offered, number of examination dates, etc.) should not be defined in greater detail; instead, a reference to the study and examination regulations should be made.
For the proper operation of study programmes, course-providing bodies and students need to co-operate. Therefore, under certain circumstances, course-providing bodies have the right to exclude students from a programme. Reasons for exclusion must be indicated in the education contract and described in detail. General phrases such as, for example, "inappropriate behaviour" are insufficient.
Rights and duties of students
The rights of students include, in particular, interrupting the study programme in justified cases and - under certain circumstances - repeat a year of the programme. The duties of students include their personal presence and active contribution in class as well as keeping examination and submission dates. In addition, it may be agreed that they have to obey certain house rules as well.
Terminating the contract
The education contract will be terminated if students drop out due to an insufficient performance (e.g. negative grades for the last possible exam repetition), drop out for other reasons and if they successfully complete their degree programmes. Given mutual consent, the education contract can also be terminated any time without giving any reasons. Details can be laid down in the individual education contracts of the course-providing bodies. |
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