Student Policies

Webster University Student Policies have been written to help guide the behavior of students as members of the University community. Some of the policies may also apply at a global level with the other extended campuses. These and all student polices are included in the WU Student Handbook.

Webster Vienna Private University (WVPU) have additional policies and procedures that apply to Webster University students enrolled at the Vienna Campus.

WVPU Student Policies

Effective June 1, 2022

Webster Vienna Private University is committed to providing environment that safeguards its community members’ welfare, while promoting individual freedom and responsibility. Community members must adhere to the Code of Conduct, which includes an expectation of all community members to conduct themselves with due regard to the interests and reputation of the institution, and explicitly outlines that the university will not tolerate conduct that endangers the health and safety of others. To that end:

  1. Alcohol consumed on campus or as part of WVPU activities shall be done lawfully, responsibly and in moderation. Intoxicated behavior that violates WVPU’s Code of Conduct will not be tolerated and will be subject to removal from WVPU premises, sanctions or measures as outlined in the Conduct and Grievance Procedures.
  2. Persons planning WVPU events with alcohol should be mindful of complexities of planning an event with alcohol and should manage their events accordingly. The safety and well-being of participants shall be at the forefront of event planning and management. Events that encourage excessive drinking are prohibited.
  3. Student-led organizations that plan events with alcohol consumption require a university employee to approve the event plans and be present at the event. This individual shall assist the organizers to make responsible decisions about the events and aid in enforcing the alcohol policy and Code of Conduct.
  4. WVPU recognizes that that alcohol abuse is most effectively reduced through treatments programs and will support affected community members through referrals to appropriate counselling and treatment programs.

Access and Use

Access to some University computer systems requires that each user have a unique identity, protected by a password. A computer identity represents the user in various system activities, to provide access to software and data, and to associate the user's own software and data with the identity. As such, this computer identity is a University instrument of identification, and its misuse constitutes forgery or misrepresentation and is subject to University disciplinary action.

In particular:

  • No Webster system is to be used for any illegal or criminal purpose.
  • Unauthorized attempts to gain root access or access to any account not belonging to the user on any Webster system are prohibited.
  • Do not share your logon credentials with anyone else.
  • Unauthorized access to restricted databases is prohibited.
  • Any user who finds a possible security hole on any Webster system is obliged to report it to the system administrators.
  • Password sharing is prohibited. Users shall be held responsible for choosing safe passwords, ensuring file protections are set correctly, and for all use of accounts and user-ids assigned to them.
  • No food allowed in computer labs. Drinks only allowed in spill proof containers.

Civility and Liberty

The University seeks to protect the civil, personal and property rights of those actually using its computing resources and seeks to protect the confidentiality of University records stored on its computer systems. Conduct which involves use of University computer resources to violate another's rights is subject to University disciplinary action.

As an academic institution, we are committed to supporting the academic freedom of all members of the University community; as a social institution, we are committed to respecting the dignity of all members of our community. The standards and principles of intellectual and academic freedom developed for university libraries apply to material received via computer news networks and by similar means. The standards of intellectual and academic freedom developed for faculty and student publication in traditional media apply to computer-mediated publication.

There will be situations in which what one person understands to be free expression another person takes to be harassment, personal assault, or an assault on prevailing standards of decency. The Report of the Committee on Freedom of Expression at Yale University (January 8, 1975), states:

Shock, hurt and anger are not consequences to be weighed lightly. No member of a community with a decent respect for others should use, or encourage others to use, slurs and epithets intended to discredit another's race, ethnic group, religion or sex. It may sometimes be necessary in a university for civility and mutual respect to be superseded by the need to guarantee free expression. The values superseded are nevertheless important, and every member of the university community should consider them in exercising the fundamental right to free expression.

We have considered the opposing argument that behavior which violates these social and ethical considerations should be made subject to formal sanctions, and the argument that such behavior entitles others to prevent speech they might regard as offensive. Our conviction that the central purpose of the university is to foster the free access of knowledge compels us to reject both of these
arguments. They assert a right to prevent free expression. They rest upon the assumption that speech can be suppressed by anyone who deems it false or offensive… They make the majority, or any willful minority, the arbiters of truth for all. If expression may be prevented, censored or punished, because of its content or because of the motives attributed to those who promote it, then it is no longer free. It will be subordinated to other values that we believe to be of lower priority in a university. The conclusions that we draw, then, are these: even when some members of the university community fail to meet their social and ethical responsibilities, the paramount obligation of the university is to protect their right to free expression… If a university's overriding commitment to free expression is to be sustained, secondary social and ethical responsibilities must be left to the informal processes of suasion, example and argument.

Just as nothing in the present policy is to be understood as excusing users of University computing facilities from compliance with federal or state law, nothing in this policy should be understood as withdrawing the University's affirmation of statements in faculty and student policy handbooks in support of academic and intellectual freedom.

None of this, though, denies that harassment on the basis of sex is a violation of Section 703 of Title VII of The Civil Rights Act of 1964 and is also prohibited under Title IX of the Education Amendments of 1972. Webster University's Sexual Offense Policy defines sexual harassment (following Section 703 and the EEOC's 1980 Sex Discrimination Guidelines):

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature constitutes sexual harassment when 1) submission to such conduct is made either explicitly or implicitly a term or a condition of an individual's employment or education or 2) submission to or rejection of such conduct is used as a basis for employment or academic decisions affecting that individual or 3) such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or of creating an intimidating, hostile or offensive educational or employment environment.

The mere fact of computer-mediation by no means excuses contact that otherwise counts as sexual harassment under the reasonable person standard adopted by the University. Furthermore, users of public terminals or similar facilities at the University should be aware of the public nature of shared facilities and should take care not to display images or play sounds that could create an atmosphere of harassment for others. Similar considerations apply to electronic mail exchanges.

Electronic mail on Webster systems should be as private as the system administrators can make it. Users are prohibited from trying to read the electronic mail of others. System administrators are not to read mail or non-world-readable files unless truly required in the course of their duties. System administrators are to treat mail and non-world-readable files as private at all times. Whenever feasible, systems should be administered so that bounced mail is directed to the system administrators in the form of headers only to protect privacy while ensuring reliable e-mail service. The University is not responsible for unofficial uses of computer resources. In particular, email and personal Web pages often express private opinions which do not reflect University positions.

Property

Webster University computing and information resources are made available to individuals to assist in the pursuit of educational and other academic goals. It is expected that users will cooperate with each other and respect the ownership of work and information even though it is in electronic — rather than more immediately tangible — form. Individuals and organizations will be held no less accountable for their actions in situations involving computers and information resources than they would be in dealing with other media. Rules prohibiting theft and vandalism apply to software and data as well as to physical equipment.

In particular:

  • No Webster system is to be used as a staging ground to crack other systems.
  • No one shall alter or delete software, hardware, communications, or data belonging to someone else without authorization.
  • Users may not browse, access, copy or change private files without authorization. Users may not attempt to modify the computer system or software in any unauthorized manner.
  • Use of Webster systems for non-Webster purposes, such as running an independent business, or volunteer work for some other organization, absent written authorization, may constitute theft of computer time. Activities by students related to their coursework or to the work of chartered student organizations, and by faculty or staff related to their contractual obligations are explicitly authorized by this policy.
  • Users ought to adhere to posted lab and system policies, procedures or protocols, such as time or storage limits, where those policies, procedures or protocols are consistent with this policy. Refusal may constitute failure to comply as defined in the Code of Student Conduct.
  • The use of invasive software, such as "worms" and "viruses" destructive to computer systems, is unethical and illegal.
  • Copyrighted software must only be used in accordance with its license or purchase agreement. Users do not have the right to receive or use unauthorized copies of software, nor to make unauthorized copies for themselves or others.
  • Attempting to damage or disrupt operation of computer equipment, data communications equipment or data communications lines is prohibited.
  • Gratuitous consumption of system resources (disk space, CPU time and bandwidth) will not be tolerated.

Adjudication

This policy establishes no new governance or disciplinary structures. Alleged violations of this policy are to be treated like other allegations of wrongdoing at the University. For example, allegations of misconduct by students should be adjudicated according to established procedures regarding student conduct.

Above policy approved in this form by the Faculty Senate, Webster University, July 18, 1996, and by the Technology Coordinating Committee, August 21, 1996, following previous deliberations by the Senate, as well as deliberations by the Technology Coordinating Committee of the University, it’s AUP Subcommittee, and the Faculty Executive Committee (precursor to the Senate). Adopted by the Administrative Council of the University on August 27, 1996.

Updated 2024.

Webster Vienna is a Smoke, Tobacco and Vape-Free Community

All Webster University campus buildings are designated smoke-free areas. Smoking is not permitted in front of the entire façade of Praterstrasse 23.

Our smoke-free and vape-free campus policy is outlined in the Webster Vienna student handbook and enforced by fine. Fines can be added to your student account where they will be required to be paid prior to Commencement.

So where are you allowed to smoke or vape?

Smoking is permitted underneath the trees in front of Praterstrasse 21 where you can find ashtrays and benches, and past the Palais Wenkheim boundaries outside of the Spar supermarket.

This policy exists in an effort to protect our community from serious health risks and adverse environmental effects of cigarette smoking and vaping. Your cooperation (which again, is mandatory) contributes to a healthy campus and respectful neighborhood.

April 17, 2023

Our campus has a sophisticated locking and access system that grants access to different rooms and areas depending on the nature of the user. This system regulates access both within the building and to the building itself. To facilitate this, the building and its various constituencies such as students, adjuncts and employees are sorted into groups, each with defined accessibility to specific areas at defined times. The following access regulations pertain to students and visitors.

1. Access

Do not let any unfamiliar person enter the building with you and always use your own access card. Visitors need to register at front desk and be picked up from ground floor and be accompanied back by their host at the end of their visit.

2. Access cards

Access cards must be carried at all times and serve as ID while on university premises. They must be used to access the building and shown to university personnel or contracted security personnel upon request. Students who have forgotten their card will be asked for their student ID number before being granted access by the front desk. Temporary access is valid for one calendar day only.

Access to main campus facilities is terminated if the card is forgotten more than three times, as it is assumed that the card has been lost. Students must fill in a replacement access card form, and a fee of 30 euros will be charged to their student account. Students need to register as visitors at the front desk until they receive their replacement card. If the card is lost or broken, students must fill in a replacement access card form, and a 30 euros handling fee will be charged. However, in case of technical 
failure, the card is replaced for free once a year. Students who have an “on hold” status need to make an appointment with the student finance office as soon as possible and will only receive their new card after approval from the finance officer. All cards must be returned to the front desk when access has ended.

In the event of loss or theft, card holders are obliged to notify Facilities department immediately. During opening hours, the notification can be made directly at the front desk, via phone at +43 (0)1 269 92 93 4300, or via e-mail to facility@webster.ac.at, stating full name and student ID number so the card can be deactivated. Student standard access

3. Student Access

Every actively enrolled student will receive access to classrooms (except Mac and PC Lab) and the main front entrance only. Students will receive an access card with their picture, student ID, study status (graduate/undergraduate), and birth date.

Stickers for the ID card for the current semester must be picked up from the front desk.

Students who have an “on hold” status will not receive access to the university premises. They must obtain clearance from the front desk to have their cards reactivated and register as a visitor for the day. Students are considered active until the end of their last class enrollment. Access for inactive students is removed no later than the end of the academic year.

3.1 Trainee scholarship students

Supervisors of Trainee Scholarship Students can request access for their WVTS and their cards will be programmed accordingly. For example, an event assistant can request access to the staff kitchen, storage rooms, the event coordinator office etc.

3.2 Counseling room 5.10; music room 5.9, SGA room

Distribution of access cards for these rooms occurs via the front desk. If you wish to use these rooms, you can pick up the cards from the front desk and return them after use. The handover of these cards requires a signature at pick-up and at the time of return. If the front desk is closed, you must return the cards the next day.

3.3 Event participant cards

These cards are distributed by the front desk and can be handed out for larger groups upon request.

3.4 MAC lab, PC lab and other labs /media rooms

Additional access may be granted on a permanent or temporary basis to the groups using the areas. If you believe that you need access to an additional area or room, please contact your supervisor.

4. Visitors

Visitors must register and unregister at the front desk and carry a visitor badge at all times, which is valid for a calendar day only. They must be picked up and released at the front desk by the host. Visitors who come on a regular basis and are familiar with the campus and emergency procedures may move freely within the campus during opening hours after the host confirms their instruction to the facilities. The visitor must wear the visitor badge visibly at all times and produce a photo ID upon request by any university official. If they cannot produce an ID, the visitor must leave immediately. Refusal to do so may result in charges of trespassing.

5. Opening Hours

Opening hours of the main reception are published on our homepage at: https://www.webster.ac.at/contact.php. 

Once the main entrance of the building has been closed, and the wooden doors are closed, it is necessary to exit through the side entrance. Do not manually open the wooden entrance doors to exit once they are closed.

Updated Feb. 2017

  1. There are lockers available for students on almost every floor in the building.
  2. Keys for the lockers can be collected at the Front Desk. Locker keys will be signed out on a first-come, first-served basis. The name and student ID of each student receiving a locker key will be noted and students will need to sign that they agree to the Student Locker Policy.
  3. These lockers are for temporary use, at maximum for the duration of one semester. All lockers need to be emptied and keys returned to the Front Desk the latest by Friday at noon of the last week of each semester.
  4. Webster University does not incur liability for any missing items or damage to your personal belongings.
  5. All student should make sure to take care of their locker key. In case you lose your locker key, please contact the Front Desk. A maintenance staff member will open your locker for a fee of 50 euros, which covers Webster’s cost for replacing the cylinder of the locker.
  6. If students fail to clear their locker and return their locker key at the end of the term, the locker will be emptied and students will be charged a fee of 50 euros on their student account. Students will be able to pick up their personal belongings during break week and the first two weeks of the next term at the Front Desk. Items that are not picked up after the first two weeks of the semester will be donated: Books will be donated to the library, USB sticks to IT, clothing will be dropped off at a local clothing drop-off location for Kolping Austria. Items that cannot be donated will be disposed

Conduct and Grievance Procedures

Sept. 15, 2021

WVPU’s Conduct and Grievance Procedures serve to support the university’s commitment to ethical behavior, rooted in honesty, integrity, and respect, as outlined in the university’s Code of Conduct. While we expect that mutual respect and goodwill will serve to resolve most disputes and complaints, WVPU’s procedures provide fair processes to evaluate and pursue possible breaches of the Code of Conduct and associated policies. A breach includes a failure to uphold WVPU’s standards of academic integrity, respectful interaction, and accountability as outlined in the Code of Conduct such as academic misconduct, discrimination, unfair treatment, bullying, or any form of harassment.

Three principal types of procedures are covered by this document: academic integrity, grievances, and student conduct. Academic integrity procedures serve to uphold the university’s high standards of academic integrity and are used in suspected cases of both faculty and student academic misconduct. The grievance procedures, including both formal and informal procedures for employees and students, provide a channel for resolving grievances as well as enabling employees and students to request an impartial review of actions taken that they consider unfair or as an impediment to the successful attainment of working, living, and learning at Webster Vienna Private University. The student conduct procedures enable the university to address student misconduct fairly and constructively to foster a safe, respectful and inclusive campus.

Following WVPU’s Code of Conduct, faculty and students are expected to maintain the highest standards of academic honesty and integrity and familiarize themselves with WVPU’s academic policies. The university does not tolerate acts of academic misconduct or the facilitation thereof. Examples of academic misconduct include, but are not limited to, lying on applications, cheating on examinations, plagiarism, or research misconduct.

This policy outlines the procedures in place in the event of cases of WVPU student and faculty academic misconduct.

2.1. Procedures in cases of student academic misconduct

2.1.1. Procedures for faculty

If a faculty member determines a student has cheated, plagiarized, or committed any other act of academic misconduct within a course they may decide on an appropriate consequence, including the following options: issuing a failing grade on the assignment or issuing a failing grade to the student for the course. In addition, faculty are required to inform the respective department/ program head via email and copy it to a dedicated email address: cheat.report@webster.ac.at. These records can be called up as evidence in the case of a related assessment appeal (See §3 of the Study and Examination Guidelines for assessment appeal procedures). The following information must be included in the report: faculty and student name, ID, course information (prefix, number, title, and section), type of issue (cheating, plagiarism) and assignment (test/paper/project), percentage of grade, score issued, and how the matter was resolved.

A dishonesty violation may warrant consideration for dismissal, suspension, or other disciplinary action in serious or repeated cases. These cases are subject to a hearing by the Academic Honesty Board, as outlined below.

2.1.2. Academic Honesty Board

Purpose: The Academic Honesty Board hears cases involving charges of academic dishonesty.

Board Representation: The Academic Honesty Board consists of five members, including the Director or Associate Director, the head of the respective academic department, the student’s academic advisor, a student representative, and a representative of the senate. If the student’s academic advisor is also the Department Head then another faculty member shall be nominated by the Senate. In addition, any of the panel members made the initial or previous report of academic misconduct, then they shall recuse themselves from the panel and a replacement member shall be nominated by the Senate.

Initiation of Process: Cases are referred to the Academic Honesty Board by the Academic Department Heads or the Director or Associate Director. The Academic Honesty Board will be convened and organized by the Office of Academic Affairs.

Process: The Academic Services Office will notify the student in writing suspected of academic dishonesty of the hearing at least ten working days in advance. The Academic Services Office will also provide the student with a statement detailing the allegations and copies of any evidence relating to the allegations. The student will have the option of providing a written statement addressing the allegations in addition to attending the formal hearing. If the student does not respond or attend the hearing, a decision will be made without the individual’s input.

At the hearing, the Academic Honesty Board shall examine all relevant facts and circumstances, may ask the involved student questions (if present), and the student shall also have the opportunity to make a statement. The student may be accompanied at the hearing by a support person or advisor of choice (e.g., student, parent, faculty member, staff member, associate); however this person may not participate in the hearing or speak on his or her behalf.

The Academic Honesty Board decides by majority vote whether there was a violation of the Code of Conduct. If the Board determines there was a violation, they also determine by majority what sanctions should be applied, such as probation, suspension, or dismissal. All decisions are final and cannot be appealed.

Hearings are confidential and closed to all but the principals of the case. A summary of the hearing will be kept by the Academic Services Office and will be kept for 7 years any may be released in the event of any related legal proceedings.

2.2. Faculty Academic Integrity

2.2.1. Principles of Research Integrity

Webster Vienna Private University is committed to promoting and upholding basic principles of research integrity among its faculty. These include the following, as published by the Austrian Federal Ministry of Education, Science and Research (BMBWF) 1:

  • Independence means not allowing the choice of method, assessment of research data and materials, and the weight attributed to alternative statements nor the assessment of others’ research to be guided by political, economic, ideological, or similar factors. Independence therefore ensures the best possible objectivity and impartiality throughout the entire research process.
  • Honesty means ensuring impartiality throughout the entire research process, i.e., avoiding unfounded claims and promises, or refraining from presenting research results more favorably or unfavorably than they are.
  • Scrupulousness means applying methods in accordance with the state of the art (lege artis), developing and implementing research processes with great care, and reporting on the research in an appropriate form.
  • Transparency means ensuring that it is clear what data, materials, and methods the research was based on and how the results were achieved. The line of reasoning must be clear, and the individual steps in the research process must be verifiable. Transparency must also be ensured in terms of potential conflicts of interest, both of a financial or other nature.
  • Fairness means treating other researchers fairly and with respect throughout the entire research process. Fairness towards other researchers is especially important in the review processes and in the investigation of research misconduct.

2.2.2. Research Misconduct

In order to uphold the basic principles of research integrity, WVPU faculty (both adjunct and employed faculty) are expected to adhere to the Guidelines for Good Scientific Practice developed by the Austrian Agency For Research Integrity (ÖAWI).2 The willful, conscious, or grossly negligent violations of the Standards of Good Scientific Practice as considered as research misconduct and shall not be tolerated.3

The following actions are in particular to be considered research misconduct:

  1. Unethical standards in the collection of data, especially pertaining to research with human subjects,
  2. The fabrication of data,
  3. the falsification of data,
  4. plagiarism,
  5. the unjustified refusal to provide access to primary and original data, and
  6. obstructing the research activities of other researchers as well as other unfair attempts to damage the scholarly reputation of another researcher.
  7. providing inaccurate information in a grant proposal
  8. creating disadvantages to researchers who have reported potential research misconduct (whistle-blowers).

Critical statements in scholarly discourse or errors made in good faith (honest errors) are not considered to be forms of research misconduct.

2.2.3. Procedures in cases of faculty academic misconduct

The Faculty Integrity Board (FIB) oversees cases of suspected academic misconduct by a faculty member, organizes investigations, and issues recommendations on responding to the breach. The Board is composed of the Director or Associate Director, Head of Human Resources, and one faculty representative nominated by the University Senate. Any members of the Board shall recuse themselves in the event of a conflict of interest.

Suspected breaches of research integrity by WVPU faculty (both adjunct and employed) should be reported to the Director, or with a member of the Faculty Integrity Board in the event of a conflict of interest. A report including a description of the suspected incident and any surrounding facts shall be prepared by the individual receiving the report.

The Faculty Integrity Board shall convene to review the report. The objective of the review is not to determine facts, such as if the alleged behavior took place, but only if the case might reasonably constitute academic misconduct and warrants an investigation. If the Board determines by majority vote that the issue warrants investigation, then the report shall be forwarded to the Austrian Agency for Research Integrity (ÖAWI) within 10 working days of the breach for investigation.

Following the investigation, the Faculty Integrity Board shall convene to review the findings of the investigations and the recommendations provided by ÖAWI. The Board shall issue final recommendations to the Director on subsequent actions. These may include (but are not limited to) sanctions including termination, training for faculty, or modification of university procedures. The Director shall decide on final measures to be implemented and shall prepare a report detailing how the recommendations of the Faculty Integrity Board have been addressed.

2.3. Academic misconduct in previously earned degrees

In accordance with §89 of the University Act 2002, WVPU may revoke a previously conferred Academic Degree when it was obtained through serious academic misconduct or fraud. WVPU’s Degree Revocation Policy outlines the procedure and circumstances whereby a previously granted WVPU degree may be revoked. Anyone with information regarding academic misconduct or fraud related to a previously earned academic degree should refer it to the University Senate.

1 Research Ethics / Research Integrity Working Group of the Austrian Higher Education Conference (2020) Best Practice Guide for Research Integrity and Ethics. Austrian Federal Ministry of Education, Science and Research (BMBWF),

2 Austrian Agency for Research Integrity (2015). Guidelines for Good Scientific Practice. §2 https://oeawi.at/wp-content/uploads/2018/09/OeAWI_Brosch%C3%BCre_Web_2019.pdf 19.pdf

3 Ibid., §3.

WVPU Grievance Procedures are derived from the University’s commitment to equal opportunity and fair treatment in a complex and integrated community. The grievance procedures support the right of students and employees to obtain a review of actions taken that they consider unfair or as an impediment to the successful attainment of working and learning at Webster Vienna Private University. While many complaints are best resolved informally, the University recognizes that many disputes are not resolved effectively with informal measures, or due to the serious nature of the case are better suited to be formally investigated from the beginning.

3.1. Definitions, scope, and applicability

Grievances constitute allegations raised by an individual of a misinterpretation, misapplication, discriminatory application, or violation of the code of conduct or associated policy. For instance, alleged violations of academic freedoms, sexual harassment, sexual misconduct, bullying, ad hominem attacks, or unequal treatment including (but not limited to) discrimination based on age, sex, race, religion, creed, ethnic/national origin, physical or mental ability, pregnancy, genetic background, marital status, sexual orientation, or gender identity. Academic integrity violations, grade disputes, admissions decisions, and similar academic decisions are not issues grievable under these procedures unless they relate to issues of harassment or discrimination.

Guidance on sexual harassment and related concepts and responses are available in WVPU’S Guidance on Sexual Harassment, prepared by the Working Group on Equal Opportunities.

Grievance procedures are available to all students and employees of the University and apply to grievances (as defined above) involving other employees, students, and/or third parties with contractual relationships with the University. There are separate procedures for employee and student grievances. Employees who voluntarily resign their employment or are dismissed can exercise rights under this policy during the two weeks immediately following their resignation or dismissal.

In the grievance process, the person making the complaint will be referred to as the Complainant student and the person(s) that are the subject of the complaint will be referred to as the Respondent. The representative of Human resources, the Working Group on Equal Opportunity, or the Works Council who first receives the complaint shall serve as the grievance coordinator and will initiate any required administrative steps in the procedure.

3.2. Principles

Confidentiality: To the extent possible, strict confidentiality will be maintained by all parties regarding all matters relevant to grievances on a need-to-know basis with the following provisions. In the case of informal grievances, consent is required of the Complainant before discussing the issue with other parties. In the case of formal grievances, the Respondent and the Complainant and in the case of employees the Respondant’s management will be notified. Members of the Grievance Panel, as described later in this policy, shall not discuss the grievance outside of the Hearing Panel meetings and shall not accept side conversations with persons who are not part of the formal hearing process.

Right to a fair hearing: The university upholds the rights of students and employees to obtain a formal review of actions taken that they consider unfair, but also of the opportunity for all parties involved in formal proceedings to have a fair hearing, provide their account, and receive timely updates and decisions relating to the grievance.

Right to an advisor: Both the Complainant and the Respondent have the right to be accompanied at all meetings, interviews and hearings in the grievance process by a support person or advisor of choice (e.g., student, parent, faculty member, staff member, associate); however this person may not participate in the hearing or speak on his or her behalf.

Reprisals: WVPU prohibits retaliation or reprisals against individuals based on their pursuit in good faith of a grievance under these procedures, or their participation in good faith in the grievance process. Any person attempting reprisal or retaliation will be subject to whatever disciplinary action the University concludes is appropriate, up to and including termination and dismissal.

Conflict of Interest: Panel members with a conflict of interest or material bias must recuse themselves from all procedures relating to the grievance (formal and informal). When in doubt, a panel member(s) may be removed by document unanimous vote by the remaining members. Replacement members of the panel are selected by the remaining members.

3.3. Employee Grievance Procedures

3.3.1. Informal grievance resolution

WVPU encourages employees to first pursue informal resolution as close to the source of the conflict as possible. Parties to disputes should resolve conflicts respectfully, objective, and solution-oriented with the supervisor in charge and develop a transparent and fair solution for all parties. The respective supervisor is the first point of contact for solving disputes informally.

The supervisor should address any informal grievance raised to a supervisor without unreasonable delay. This may include meeting with the individual who raised the grievance, the person against whom the grievance is raised, or other witnesses. The supervisor will inform the employee of measures taken orally or in writing. A written reply should be provided if the employee requests it.

Multiple alternative channels are available If the employee feels uncomfortable discussing the grievance with their supervisor, if the supervisor is party to the complaint, or if no agreement has been reached. They may raise an informal grievance in a confidential conversation with a grievance coordinator, who may be either representative of the Works Council (WC), Working Group for Equal Opportunity (WGEO), or with Human Resources (HR).

Consultations with any of the supports listed above are intended to provide advice, aid an individual in determining whether to try to resolve the situation on his or her own; to help the individual understand the WVPU’s formal and informal grievance procedures; and to provide a safe and private setting in which to discuss the incident(s) that gave rise to the concern.

Strict confidentiality shall be maintained in the informal procedure unless otherwise agreed with the Complainant, or if someone’s immediate safety is at risk. The support party approached with the grievance (representative of the WGEO, WC, or HR), henceforth the ‘Grievance Coordinator’, may ask for consent to discuss the issue raised with defined individuals to better resolve the issue.

Examples of resulting steps from an informal grievance include the following:

  • Notice to the Respondent (if any) of the behavior and the impact of their behavior on the Complainant
  • Mediation agreed upon by Complainant and Respondent
  • Referral of the grievance to an appropriate individual for assistance in reaching a resolution.
  • Referral to coaching or counseling services
  • Recommendations of measures to improve the general workplace climate in the affected department

The employee may at any point elect to pursue a formal grievance procedure, which is outlined below, or may contact an alternative Grievance Coordinator.

3.3.2. Formal Grievance Procedures

If attempts to resolve concerns informally prove unsuccessful or if the Complainant feels that the matter is sufficiently serious to address formally, he or she may initiate a formal grievance procedure. The purpose of the formal grievance procedures is to identify if there is an issue that needs to be addressed and what steps should be taken, including organizational measures.

The formal grievance proceedings consist of the following steps:

  1. A written statement is submitted and an initial meeting confirms the Complainant wishes to proceed;
  2. An initial hearing by the Grievance Panel will confirm if the nature of the complaint constitutes a grievable offense;
  3. An independent investigation will result in a report including findings and recommendations;
  4. The Grievance Panel will conduct a hearing and conclude if a breach WVPU’s code of conduct has occurred and will issue recommendations on remedial actions;
  5. The Executive Board will address the recommendations and will provide a written explanation if any of the recommendations cannot be implemented.

The Grievance Panel consists of the Director or Associate Director, the Head of Human Resources, a Works Council representative, a member of the Working Group on Equal Opportunity, and a representative of the senate. Decisions are made on the basis of majority.

In the event of a conflict of interest, including any involvement in the grievance, panel members must recuse themselves. When in doubt, a panel member(s) may be removed by document unanimous vote by the remaining members. Replacement members of the panel are selected by the remaining members.

3.3.3. Filing a grievance

The formal grievance procedure is initiated by a written statement describing the complaint and the intention to raise a formal grievance. This statement may be submitted to Human Resources or a member of the Works Council or the Working Group on Equal Opportunities. This statement should set out clearly the nature of the grievance, concentrate on the facts of the situation.

The recipient of the written statement, the Grievance Coordinator, shall convene a confidential meeting with the Complainant within five working days of receiving the complaint. The purpose of this meeting is to ensure the Complainant understands WVPU’s formal grievance procedures and wishes to proceed.

3.3.3.1. Initial hearing

Following the confirmation that the Complainant wishes to proceed, the Grievance Coordinator shall immediately notify the grievance panel members, any relevant supervisors, and any Respondents named in the complaint.

The Grievance Panel shall be convened within 10 working days of the meeting for an initial hearing. The objective of the initial hearing is not to determine facts, such as if the alleged behavior took place, but only if whether the nature of the complaint constitutes a grievable issue.

If the panel determines by majority vote that the nature of the complaint constitutes a breach of the code of conduct, then an investigation shall be conducted, as outlined in the following section. If the Grievance Panel decides the issue is not grievable, then the Panel will prepare a written report of the Panel's findings and forward it to the Grievance Coordinator, the appropriate supervisors, the Complainant, and Respondents.

The Grievance Panel may also recommend interim measures pending the investigation to mitigate contact between a complainant, a respondent, and anyone involved in the investigation to ensure safety, prevent retaliation, and address an ongoing hostile environment. Interim measures imposed on the respondent are not determinations of guilt. Such measures are implemented to ensure that the investigation and adjudication of a complaint proceeds as efficiently and swiftly as possible. Examples of interim measures include, but are not limited to: no contact orders, restricted access to university the university facilities, classes, or organizational activities, adjustments to academic and working situations, and access to counselling and training services. The Executive Board is responsible for final decisions on interim measures and their implementation.

3.3.4. Investigation

To ensure a fair investigation, the Grievance Panel shall appoint an independent party as an investigator. Wherever possible and appropriate this person shall be an external expert chosen based on the nature of the allegations. The investigation should generally begin no later than thirty days following the initial Grievance Panel hearing. The duration of the investigation will vary based on the nature of the grievance but should not exceed sixty days.

The person carrying out the investigation shall:

  • interview the Complainant and Respondents separately,
  • interview other relevant third parties separately,
  • obtain and review any available evidence,
  • review related policies and procedures,
  • produce a report summarizing the evidence, detailing the investigations, findings, conclusions as well as recommendations.

Upon the conclusion of the investigation, the investigator will provide the investigative report and copies of any evidence to the Grievance Committee.

3.3.5. Grievance Panel Hearing

Following the conclusion of the investigation, the Grievance Panel will convene to review the investigation and produce recommendations for further action. The panel should generally be convened within ten working days of the submission of the investigation report. Both the Respondent and Complainant will be given the opportunity to separately address the Grievance Panel. In addition, the investigator should be available to attend the hearing to answer any questions of the Grievance Panel.

The objective of the hearing is to determine if there was a breach of the code of conduct and to issue recommendations for further action. The Grievance Panel will used a ‘clear and convincing’ standard of evidence in deciding (on the basis of majority) if the Respondent breached the code of conduct. That is, the evidence presented must convince the majority of the Grievance Panels members that it is highly probable that the alleged infraction took place.

The recommendations can include (but are not limited to) disciplinary action against the Respondent (such as formal warnings, transfer to another position, suspension, or dismissal), changes to an organization’s policy or procedures, training, counseling, coaching, or mediation for the parties involved and supervisors, further investigation, or no further action. Even if the situation is determined inconclusive, the Grievance Panel can recommend organizational measures that tackle related working conditions. The Grievance Panel may also request a consultation with the Complainant to discuss appropriate action.

The Panel shall prepare a written report summarizing their findings and recommendations on corrective action(s) to be taken if any. The report shall be submitted to the Director of the University and/or the University Council if there is a conflict of interest with the Director.

3.3.5.1. Implement Recommendations

If the determination is made by the Panel that the grievance has merit, the University is obliged to take appropriate, corrective, and remedial actions. The university rectorate (or University Council) will endeavor to implement the panel recommendations as best as possible and will document all steps taken. If it is not possible to implement one or more of the recommendations, the rectorate shall organize a meeting with the Panel members to explain and discuss alternative steps.

The Director or University Council shall promptly and simultaneously inform both the Respondent and the Complainant of the results of the hearing and any immediate corrective, and remedial actions to be taken. Decisions are final, and no appeal is possible.

3.4. Student Grievance Procedure

Students may employ the Student Grievance Procedure to address serious non-academic complaints. Student non-academic complaints may stem from a broad set of causes including but not limited to matters of conduct by fellow students or university personnel or regarding the misinterpretation, misapplication, discriminatory application, of a university policy or procedure excluding those pertaining to grading, assessment, and academic honesty.

3.4.1. Informal Resolution

Where appropriate, students are encouraged to seek informal resolution of a grievance by bringing it to the attention of the relevant individual, administrator, or office. WVPU’s Code of Conduct stipulates that conflicts should be resolved as close to the source of the conflict as possible. Parties to disputes should work to resolve conflicts in a respectful, objective, and solution-oriented manner and develop a solution that is transparent and fair to all parties.

Students may also raise informal complaints with the Student Resource Center Officer (SRC), or if the complaint involves the SRC the student may alternatively address the Office of the Director or the Working Group on Equal Opportunities (WGEO). Confidentiality shall be maintained unless otherwise agreed with the student raising the concern, or if someone’s immediate safety is at risk. The support party approached should seek consent to discuss the complaint with defined individuals to better resolve the issue. The support party can propose resolutions measures including (but are not limited to):

  • Notice to the Respondent (if any) of the behavior and the impact of their behavior on the Complainant;
  • Mediation agreed upon by Complainant and Respondent;
  • Referral of the grievance to an appropriate individual for assistance in reaching a resolution;
  • Referral to coaching or counseling services;
  • An administrative proceeding (see §4.3);
  • Formal Grievance Procedures.

3.4.1.1. Formal Student Grievance Procedures

If attempts to resolve concerns informally prove unsuccessful or if the Complainant feels that the matter is sufficiently serious to address formally, he or she may initiate a formal grievance procedure. The purpose of the formal grievance procedures is to identify if there is an issue that needs to be addressed and what steps should be taken, including organizational measures.

The grievance proceedings consist of the following steps:

  1. A written statement is submitted, and an initial meeting confirms the Complainant wishes to proceed;
  2. An initial hearing by the Student Grievance Panel will confirm if the nature of the complaint constitutes a grievable offense;
  3. An independent investigation will result in a report including findings and recommendations;
  4. The Grievance Panel will conduct a hearing and conclude if a breach of WVPU’s code of conduct has occurred and will issue recommendations on remedial actions;
  5. The Executive Board will address the recommendations and will provide a written explanation if any of the recommendations cannot be implemented.

If the Respondents named in the grievance are students, the Student Grievance Board shall be composed of the Director or Associate Director, a student representative nominated by the Student Government Association, the Student Resource Officer, a faculty member nominated by the University Senate, and a member of the Working Group on Equal Opportunities. If the grievance concerns the conduct of a university employee, the Grievance Panel shall be composed of the Director or Associate Director, a student representative nominated by the Student Government Association, the Head of Human Resources, and a representative nominated by the Works Council and a member of the Working Group on Equal Opportunities. Decisions shall be made on the basis of majority.

In the event of a conflict of interest, including any involvement in the grievance, panel members must recuse themselves. When in doubt, a panel member(s) may be removed by document unanimous vote by the remaining members. Replacement members of the panel are selected by the remaining members.

3.4.1.2. Filing a grievance

The formal grievance procedure is initiated by a written statement describing the complaint and the intention to raise a formal grievance. This statement may be submitted to the Student Resource Officer, a representative of the Student Government Association, or the Working Group on Equal Opportunities. This statement should describe the nature of the grievance and concentrate on the facts of the situation.

The recipient of the written statement, the ‘Grievance Coordinator’ (the representative from the SRC, WGEO, SGA, or WGEO) shall convene a confidential meeting with the Complainant within five working days of receiving the complaint. The purpose of this meeting is to ensure the Complainant understands WVPU’s formal grievance procedures and wishes to proceed.

3.4.1.3. Initial Grievance Panel Hearing

Following the confirmation that the Complainant wishes to proceed, the grievance coordinator shall immediately notify the Student Grievance Panel members, the appropriate supervisors, and any Respondents named in the complaint.

The grievance panel shall be convened within 10 working days of the meeting for an initial hearing. The objective of the hearing is not to determine facts, such as if the alleged behavior took place, but only if the nature of the complaint constitutes a grievable issue. Additionally, in complaints regarding student conduct, the Student Grievance Panel may refer the case to the Student Conduct Board.

If the Panel determines by majority vote that the nature of the complaint constitutes a breach of the code of conduct and warrants a full investigation, an investigator shall be appointed as outlined in the following section. If the panel decides that the complaint constitutes a breach of the code of conduct, but can be best resolved by a Student Conduct Board hearing, then the hearing will take place as outlined in section 4.4. If the Panel decides the issue is not grievable, then the Panel will prepare a written report of the Panel's findings and forward it to the Grievance Coordinator, the appropriate supervisors, the Complainant, and Respondents.

The Grievance Panel may also recommend interim measures pending the investigation to mitigate contact between a complainant, a respondent, and anyone involved in the investigation to ensure safety, prevent retaliation, and address an ongoing hostile environment. Interim measures imposed on the respondent are not determinations of guilt. Such measures are implemented to ensure that the investigation and adjudication of a complaint proceeds as efficiently and swiftly as possible. Examples of interim measures include, but are not limited to: no contact orders, restricted access to university the university facilities, classes, or organizational activities, adjustments to academic and working situations, and access to counselling and training services. The Executive Board is responsible for final decisions on interim measures and their implementation.

3.4.1.4. Investigation

To ensure a fair investigation, the grievance panel shall appoint a neutral party as the investigator. When the grievance concerns the behavior of employees, if possible the investigator shall be an external expert chosen based on the nature of the allegations. The investigation should begin no later than thirty days following the initial Grievance Panel hearing. The duration of the investigation will vary based on the nature of the grievance but should not exceed sixty days.

The person carrying out the investigation shall:

  • interview the Complainant and Respondents separately,
  • interview other relevant third parties separately,
  • obtain and review any available evidence,
  • review related policies and procedures,
  • produce a report summarizing the evidence, detailing the investigations, findings, and recommendations.

Upon the conclusion of the investigation, the investigator will provide the investigative report and copies of any evidence to the Grievance Committee.

3.4.1.5. Grievance Panel Hearing

Following the conclusion of the investigation, the Student Grievance Panel will convene to review the investigation and develop recommendations for further action. The panel should generally be convened within ten working days of the submission of the investigation report. Both the Respondent and Complainant will be given the opportunity to separately address the Grievance Panel. In addition, the investigator should be available to attend the hearing to answer any questions of the Grievance Panel.

The objective of the hearing is to determine if a breach of the code of conduct occurred and to issue recommendations for further action. The Grievance Panel will used a ‘clear and convincing’ standard of evidence in deciding (on the basis of majority) if the Respondent breached the code of conduct. That is, the evidence presented must convince the majority of the Grievance Panels members that it is highly probable that the alleged infraction took place.

These can include (but are not limited to) disciplinary action against the Respondent (such as formal warnings, transfer to another position, suspension, or dismissal), changes to an organization’s policy or procedures, training, counseling, coaching, or mediation for the parties involved, further investigation, or no further action. The Grievance Panel may also request a consultation with the Complainant to jointly agree on appropriate action.

The Panel shall prepare a written report summarizing the findings and recommendations on corrective action(s) to be taken if any. The report shall be submitted to the Director of the University and/or the University Council if there is a conflict of interest with the Director.

3.4.1.6. Implementation of recommendations

If the determination is made by the Panel that the grievance has merit, the University is obliged to take appropriate, corrective, and remedial actions. The university rectorate will endeavor to implement the panel recommendations as best as possible and will document all steps taken. If it is not possible to implement one or more of the recommendations, the rectorate shall organize a meeting with the Panel members to explain and discuss alternative steps.

The Director or University Council shall promptly and simultaneously inform both the Respondent and the Complainant of the results of the hearing and any immediate corrective, and remedial actions to be taken. Decisions are final, and no appeal is possible.

WVPU student conduct procedures are in place to respond to alleged student breaches of the WVPU Code of Conduct or non-compliance with other (non-academic) university policies. They provide a fair system that is intended as much for guidance and correction of behavior as for invoking fair and appropriate sanctions. The procedures are designed to determine whether students' alleged behaviors violate the WVPU Code of Conduct or other relevant policies and determining appropriate actions.

4.1. Reports of alleged violations

Reports of student conduct that may involve a possible violation of the WVPU Code of Conduct and associated policies may be brought to the Student Resource Center, the Head of the Academic Department of the Student, or the office of the Director.

4.2. Confidentiality and records

To the extent possible, strict confidentiality will be maintained by all parties regarding alleged student conduct violations, hearings, and sanctions on a need-to-know basis.

Reports of alleged student conduct violations and outcomes of administrative proceedings shall be confidentially recorded by the Student Resource Center and shall not be forwarded to any third party. These records shall be released to Student Conduct Board in the event of conduct hearings or Grievance involving the Respondent named in the records, or the event of a legal proceeding involving the report. The records shall be deleted seven years from the date of the initial record.

Once a case has been referred to the Student Conduct Board it shall be entered into Webster University’s student conduct software along with the outcome and may be considered in future decisions involving the student, such as for study abroad opportunities.

4.3. Administrative proceeding

Many minor disputes or infractions can be handled within the context of administrative proceedings. Upon receiving reports of alleged student misconduct, the Student Resource Center, an Academic Department Head, or the Director or Associate Director may request an administrative proceeding.

The administrative proceedings are chaired by the Academic Director, Associate Director, or a designate and are attended by the Student Resource Officer and the Respondent. If there is more than one Respondent, each shall be granted his or her own proceeding.

During the administrative proceeding, the Respondent and the participants will engage in a conversation to discuss the circumstances of the alleged violation, responsibility, and appropriate sanctions. The Director or Associate Director may withdraw any alleged violation deemed to be without basis. Sanctions resulting from administrative proceedings exclude dismissal and suspension but may include (but are not limited to) written warnings to the Respondent, an essay, action plan, or written reflection to be provided by the student, an agreement with the Respondent not to contact named individuals or removal from a course.

Cases in which Respondents do not agree with the proposed resolution or do not accept responsibility will proceed to a hearing by the Student Conduct Board.

4.4. Student Conduct Board

The purpose of the Student Conduct Board (SCB) is to conduct a formal hearing of alleged student conduct violations, deciding if the alleged violations took place and on any resulting sanctions and action, up to and including suspension and dismissal. The student conduct board allows students facing accusations of misconduct the opportunity to have their case heard before a panel of their peers, staff, and faculty.

The Student Conduct Board can hear cases referred from administrative proceedings, or the Director or Associate Director can also immediately refer a case to a hearing when the case involves serious allegations or if the student denies the reported behavior. Cases involving sexual misconduct and serious allegations of bullying or harassment requiring thorough investigation should be handled WVPU’S formal grievance procedures (see section 3).

The Student Conduct Board is composed of the Director or Associate Director, two student representatives nominated by the Student Government Association, the Student Resource Officer, and a faculty member nominated by the University Senate. The decisions shall be based solely on information and statements introduced at the hearing. All decisions shall be made by a majority vote. Any Student Board Member with a conflict of interest or material bias must recuse themselves from all procedures relating to the hearing aside from testifying. Replacement members may be selected by the remaining board members.

The Student Resource Office shall be responsible for organizing a time for the hearing and notifying all parties who are to testify, and collecting and forwarding all pertinent data and evidence to the Student Conduct Board members. The SRC officer shall also give appropriate advance notice, in writing, of the charges against the student and copies of the available evidence, to ensure that he or she may adequately prepare for such a hearing. The notice indicates the date, time, and place of the hearing. The notification should be received by the student at least ten calendar days before the hearing. The Respondent may submit additional evidence, the names of any witnesses to testify on his or her behalf, written statements from absentee witnesses to the SRC Officer no later than three days before the hearing.

At the student conduct hearing, the Respondent shall have to opportunity to present his or her side, explain any evidence her or she submitted in advance, as well as call on any relevant witnesses (character witnesses are not relevant to this procedure). The SRC officer shall present any other evidence and call on any other relevant witnesses. Once all testimony is heard or read, the Respondent may make a final statement and the Board members are given a final opportunity to ask questions. All persons other than Board members are excused and the Board meets to render a decision. The student may be accompanied at the hearing by a support person or advisor of choice (e.g., student, parent, faculty member, staff member, associate); however this person may not participate in the hearing or speak on his or her behalf.

The Student Conduct Board shall decide if the Respondent was responsible, not responsible, or shall choose to continue the case to obtain additional information or need for further consideration. If the Respondent was found to be responsible, the board shall decide on any sanctions up to and including dismissal. It may also issue related recommendations to improving the learning environment at WVPU, such as needed training, prevention, missing resources, or changes in university policies and procedures. The decision shall be provided, in writing, to the student.

Sexual Harassment: Definitions, Consequences and Responsibilities

Working Group On Equal Opportunities Webster Vienna Private University

At Webster Vienna Private University, we value inclusivity, equity, diversity, and respect1. We are strongly committed to maintaining safe learning and working environments free from discrimination, harassment, and all forms of sexual misconduct, which undermine the University’s educational mission.

The aim of this booklet is to provide you with information on sexual harassment and sex/gender discrimination by outlining:

  • Definitions;
  • the legal framework of worker and student rights;
  • the physical and psychological effects;
  • advice on how to stop sexual harassment.

Members of the WVPU community can expect that their rights will be preserved and unhindered by harassment and discrimination on campus. These rights include:

  1. The right to work and learn without being harassed or otherwise discriminated against.
  2. The right to freely assert personal boundaries and trust they will not be crossed.
  3. The right to feel safe on campus and at WVPU events.
  4. The right to report harassment without fear of retribution.
  5. The right to seek free, confidential psychological support provided by WVPU.
  6. The right to due process during an investigation into misconduct.

1 See also: WVPU’s Affirmative Action Plan and Student Code of Conduct

Sexual harassment, harassment based on sex/gender identity, and sexual assault are all illegal under Austrian law and are not tolerated at Webster Vienna.

What is Sexual Harassment?

Austrian labor law defines sexual harassment as “…behavior belonging to the sexual nature that affects or aims to impair the dignity of a person and is undesirable, inappropriate or offensive for the person concerned…”2 The “person concerned” could be the person being harassed or even someone observing the harassment.

There are generally three categories of behavior that fall under the umbrella of sexual harassment3:

  1. Unwanted sexual attention, up to and including sexual assault
  2. Gender harassment (see definition)
  3. Sexual coercion (favorable treatment conditioned on sexual activity)

Sexual misconduct4 is a broad term that can encompass all of the above categories of sexual harassment and includes sexual violence. Sexual misconduct also refers to behaviors that are not considered harassment, or even illegal, but that go against a university’s Code of Conduct and values. In that sense, sexual misconduct occurs, for example, when the professional boundaries between employees and students is blurred. The term is often used to define a range of sexualized and predatory behaviors of staff/faculty towards students.5

What is Unwanted Sexual Attention?

Unwanted sexual attention includes a range of undesirable advances of a sexual nature, up to and including sexual violence (see below). Other examples include repeated requests for dates and other persistent attempts to establish a sexual relationship despite rejection.6

What is Gender-based Harassment?

Harassment based on Sex/Gender Identity is distinguished from sexual harassment under Austrian law and occurs when behavior related to gender is used in a way that affects or aims to impair the dignity of a person, is undesirable, and creates a hostile working environment.7

This type of harassment is often based on excluding members of one gender or perceiving them as having second-class status, and includes use of language that denigrates a group or individuals in gendered terms.

Both sexual and gender-related harassment also apply in situations where one is given instructions to harass someone else, or if a person is harassed based on their relationship with another person because of their gender. Both forms of harassment aim to create an “intimidating, hostile or humiliating” environment, and are considered illegal when perpetrated within the context of work or school.8

What is Sexual Violence?

Sexual violence refers to inappropriate action defined by criminal law and the Austrian Violence Protection Act9. This covers actions more violent in nature such as sexual assault, stalking, intimate partner violence, sexual exploitation, and sexual coercion. These serious crimes are under no circumstances tolerated on campus or by WVPU students and employees off campus.

Sexual Assault: This term refers to sexual contact without explicit consent including sexual touching, groping, or (date) rape. A person is unable to consent to sexual activity if they are incapacitated for any reason. Any rape, regardless of the nature of the relationship between the perpetrator and the victim, is a criminal offense.10 The term “assault” refers to use of force, but force does not always refer to physical pressure. It can include psychological or emotional coercion, or other type of manipulation to pressure someone into performing sexual acts.11,12

Consent is NOT:

  • Not taking ‘No’ for an answer.
  • A disengaged or unresponsive partner.
  • What someone is/is not wearing.
  • Being incapacitated due to drugs or alcohol.
  • Based on a previous physical relationship.

A strong and enthusiastic ‘YES’ is consent

Stalking: Behavior pattern directed at a specific person that causes serious emotional distress or fear for physical safety for the affected person. Such behaviors include monitoring, pursuing contact through calls or emails, sending unwanted gifts or items, posting threatening or personal information about the victim online, and showing up at a victim’s home, workplace, or class.13

Dating and Intimate Partner Violence: This comprises a single act or ongoing pattern of abusive behaviors that exert control and power over a significant other. This can include forms of physical, sexual, emotional, or economic abuse.14

2 Bundesgesetz über die Gleichbehandlung (Gleichbehandlungsgesetz – GlBG),66/2004§6(2004) https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20003395

3 National Academies of Sciences, Engineering, and Medicine. 2018. Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine. Washington, DC: The National Academies Press, p.28 doi: https://doi.org/10.17226/24994.

4 RAINN (2021, January 29). Sexual Harassment. https://www.rainn.org/articles/sexual-harassment

5 National Union of Students. (2018). Power in the academy: staff sexual misconduct in UK higher education. https://1752group.com/power-in-the-academy-report/

6 National Academies of Sciences, Engineering, and Medicine. 2018. Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine. Washington, DC: The National Academies Press, p.29 doi: https://doi.org/10.17226/24994.

7 Bundesgesetz über die Gleichbehandlung (Gleichbehandlungsgesetz – GlBG),66/2004§7(2004) https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20003395

8 Bundesgesetz über die Gleichbehandlung (Gleichbehandlungsgesetz – GlBG),66/2004§6&7(2004) https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20003395

9 Stadt Wien (2021, January 29). Rechtsinformationen zu Gewalt in der Beziehung - Dein Körper. Dein Recht. https://www.wien.gv.at/menschen/frauen/stichwort/gesundheit/dein-koerper-dein-recht/rechtsinformationen-gewalt.html

10 § 201 StGB, idF BGBl 242/1989

11 RAINN (2021, January 29). Sexual Assault. https://www.rainn.org/articles/sexual-assault

12 RAINN (2021, May 4). What Consent Looks Like. https://www.rainn.org/articles/what-is-consent

13 RAINN (2021, January 29). Stalking. https://www.rainn.org/articles/stalking

14 Stadt Wien (2021, January 29). Rechtsinformationen zu Gewalt in der Beziehung - Dein Körper. Dein Recht. https://www.wien.gv.at/menschen/frauen/stichwort/gesundheit/dein-koerper-dein-recht/rechtsinformationen-gewalt.html

Sexual Harassment and Gender-based Harassment

It is not always easy to identify instances of harassment. If you are uncomfortable in a situation either as a witness or the person being targeted, something is probably wrong. Remember, the law is on your side: This kind of harassment is “undesirable, inappropriate or offensive for the person concerned.”15

Harassment can be overt16:

  • explicit verbal remarks of a sexual nature
  • quid pro quo (i.e. grading or professional advantage for sexual favors)
  • deliberate physical contact
  • invitation to sexual acts
  • exposure to materials of a sexual nature
  • unwanted and repeated attempts to establish an intimate relationship

Or more difficult to spot17:

  • staring or appraising looks
  • inappropriate “jokes” of a sexual nature
  • denigrating comments based on gender
  • calls, letters, emails, or texts with sexual innuendo
  • suggestive remarks about a person’s appearance or sex life

It does not matter how obvious the harassment is, the result is the same: a work and study environment comprised of fear, discomfort, and humiliation.

Sexual Violence

Anyone can become a victim of sexual violence, though it is most commonly experienced by women at the hands of a person known to them or within the context of a romantic relationship.18 It has serious physical and psychological consequences for the survivors and concerns should not be dismissed or ignored. There is never a legitimate reason to abuse others.

Abusers are commonly19:

  • jealous and possessive
  • emotionally abusive and try to humiliate their partner or person of concern
  • manipulative
  • intimidating and threatening
  • physically and sexually abusive
  • controlling (i.e. will transfer to victim’s class to monitor them, keep them from class, or check on their grades)

Common signs and symptoms of being abused or harassed and witnessing abuse or harassment:20

Emotional Effects

  • Anger
  • Fear
  • Humiliation
  • Shame/Guilt
  • Powerlessness and loss of control

Mental Health Effects

  • Anxiety and/or depression
  • Post-traumatic Stress Disorder – hyper-vigilance, flashbacks, intrusive memories, or nightmares
  • Difficulty concentrating
  • Loss of motivation
  • Substance abuse

Physical Effects

  • Fatigue
  • Sleep disturbances
  • Eating disturbances

Furthermore, sexual assault and harassment negatively affect the educational progression of students and often lead to increased turnover among staff and faculty21.

15 Bundesgesetz über die Gleichbehandlung (Gleichbehandlungsgesetz – GlBG),66/2004§6(2004) https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20003395

16 Arbeiterkammer (2021, January 29). Sexuelle Belästigung am Arbeitsplatz. https://www.arbeiterkammer.at/beratung/arbeitundrecht/Arbeitsklima/Sexuelle_Belaestigung.html

17 Arbeiterkammer (2021, January 29). Sexuelle Belästigung am Arbeitsplatz. https://www.arbeiterkammer.at/beratung/arbeitundrecht/Arbeitsklima/Sexuel e_Belaestigung.html

18 RAINN (2021, January 29). Sexual Assault. https://www.rainn.org/articles/sexual-assault

19 University of Wisconsin-Madison Office of Compliance (2021, February 10). Student Support Information - Getting Started. https://portal.webster.ac.at/app-sessions?session=6ea71b9e-b988-4196-be0a-3c8d7e983512&app=79

20 RAINN (2021, January 29). Sexual Harassment. https://www.rainn.org/articles/sexual-harassment

21 National Academies of Sciences, Engineering, and Medicine. 2018. Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine. Washington, DC: The National Academies Press. doi: https://doi.org/10.17226/24994.

Many who experience harassment cope by ignoring or appeasing the harasser instead of reporting the problem. We also cannot rely solely on the legal system to reduce and prevent harassment22. It is up to all of us to combat sexual harassment directly.

If you are a witness

  • Pay attention to the situation at hand; do not look away or assume that the person concerned is managing the situation on their own.
  • Listen to the person concerned and discuss how you can help – do not act on their behalf without their consent.
  • Believe the person concerned when they come to you for support.
  • Support the person concerned by serving as witness, if able.
  • Help the person concerned contact the appropriate resources.

There is no place for sexual assault or sexual harassment at WVPU.

If you’re being harassed

  • Assess the situation for your personal safety. If the harasser(s) is with a group who seem against you, it might be the wrong time and place to address the harassment directly. If the situation is unsafe, try to get away quickly.
  • Call out the harasser, if you feel safe doing so, by firmly stating that the behavior is undesirable and that they have crossed your boundaries. Identify the harasser clearly, so that bystanders know whom you are calling out.
  • Tell others. Talk about the event(s) with friends, confidants, and colleagues and let them know how or whether they should help.
  • Document harassment. As soon as you can, write as much as you can remember about the incident including the time and place, who was present, what was said. Save any harassing emails, text messages, and other evidence.

22 National Academies of Sciences, Engineering, and Medicine. 2018. Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine. Washington, DC: The National Academies Press, p.174 doi: https:// doi.org/10.17226/24994.

Within WVPU

Webster Vienna Private University has several points of contact that can help if you or someone you know has experienced sexual harassment or assault. Further information on reporting incidents can be found in the university’s Code of Conduct and Sexual Harassment Policy.

For All Community Members

For Employees

For Students

  • Student Resource Center

External

Several resources in Vienna offer support and guidance to those who have experienced or witnessed sexual harassment or assault. These offices will likely be able to help in English or other languages.

WVPU policy is that any form of sexual harassment is grounds for university disciplinary action, including dismissal for students and termination for employees.

All victims of sexual harassment and assault have legal recourse according to Austrian Law.