Martin Luther University Halle-Wittenberg

Illustration: Eva Feuchter

Documents

Richtlinie zum Schutz vor Diskriminierung, (sexueller) Belästigung und Gewalt
15_08_01.pdf (externe Datei)

Ordnung zum Verwaltungsverfahren bei Gewalt, Bedrohung und sexueller Belästigung durch Studierende
12_08_01.pdf (externe Datei)

Contact

Beschwerdestelle nach dem Allgemeinen Gleichbehandlungsgesetz (AGG)
Anke Märker

phone: 0345-5521572

Barfüßerstraße 17 (Hinterhaus)
06108 Halle (Saale)

Beschwerdestelle nach dem Allgemeinen Gleichbehandlungsgesetz (AGG)
Stellvertretung
Dr. Sandra Maihöfner

phone: 0345-5521292

room 207
Universitätsring 5
06108 Halle (Saale)

Abteilung 1 - Studium und Lehre
Ref. 1.4 - Studien- und Prüfungsrecht

phone: 0345-5521019
phone: 0345-5521302
phone: 0345-5521740

Universitätsring 14
06108 Halle (Saale)

(Beschwerdestelle, wenn weder Beschwerdeführer*in noch Beschwerdegegner*in Mitarbeiter*in ist)

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Appeal Procedures at MLU

Right to appeal

People affected by discrimination or sexual harassment, which takes place in the context of university, can use their right to appeal at MLU. Private behavior outside the university context is only recognized, if someone took advantage of an interdependency, which exists in the university context or attempted to do so.

The instruction to discriminate a person also counts as discrimination. This situation occurs, when a person encourages another person to a certain behavior, which is discriminatory or can be discriminating.

The university condemns every form of discrimination, (sexual) harassment and violence. It has the duty to do anything to protect its members and relatives against it. The university will not tolerate discriminatory or sexual harassing behavior and will take action against respective persons.

The university administration will follow up the complaint and will inform the person lodging the complaint about the outcome of the appeal. In doing so they ensure that the appealing person will not experience disadvantages due to the appeal.

Before initiating formal proceedings, it is recommended to consult one of the counseling services of the university. As opposed to a consultation, the anonymity of the appealing person can not be ensured, in the event of an appeal.


Why to lodge a complaint?

If cases of discrimination and sexual harassment are not reported, they remain invisible and contribute to the impression that they do not exist. Furthermore they might enable the discriminating or harassing person to repeat his*her misbehavior. The absence of consequences can reinforce the perpetrators in their behavior. Potentially there will be further persons concerned. If a person affected decides upon legal actions, sooner reports of other people concerned can be of crucial importance.


Where to lodge a complaint?

If the appealing person is an employee of the university or if the appeal is directed against present or former employees of the university, the AGG-Beschwerdestelle is responsible for the incorporation appeal.

Contact

Beschwerdestelle nach dem Allgemeinen Gleichbehandlungsgesetz (AGG)
Anke Märker

Barfüßerstraße 17 (Hinterhaus)
06108 Halle (Saale)

phone: 0345-5521572

Contact

Beschwerdestelle nach dem Allgemeinen Gleichbehandlungsgesetz (AGG)
Stellvertretung
Dr. Sandra Maihöfner

room 207
Abteilung 3/Referat 3.2
Universitätsring 5
06108 Halle (Saale)

phone: 0345-5521292

In all other cases, people concerned can make a complaint to the Referat 1.4 der Abteilung 1 (Studium und Lehre).

Contact

Abteilung 1 - Studium und Lehre
Ref. 1.4 - Studien- und Prüfungsrecht
Kati Moritz (Referatsleiterin)

Universitätsring 14
06108 Halle (Saale)

phone: 0345-5521302

Contact

Abteilung 1 - Studium und Lehre
Ref. 1.4 - Studien- und Prüfungsrecht
Natalie Naujoks-Kreowsky (stellvertretende Referatsleiterin)

Universitätsring 14
06108 Halle (Saale)

phone: 0345-5521019

Contact

Abteilung 1 - Studium und Lehre
Ref. 1.4 - Studien- und Prüfungsrecht
Eva-Maria Rost

Universitätsring 14
06108 Halle (Saale)

phone: 0345-5521740

If the complaint is lodged at a complaints office, which is not in charge of the case, it is passed on to the competent authority.


What must be included in a complaint, what form should it have?

The complaint can be lodged informal in written form, by email, by telephone or personally. It should include, what has happened, against whom the complaint is directed, if there are witnesses, what people and offices have already been consulted and if they have already taken measures.


Does the complaint have to be handed in within a certain period?

The complaint at MLU is not bound to a certain deadline. Nevertheless, deadlines can matter in connection with discrimination in the workplace: If you want to assert a claim for compensation or damages (in accordance with AGG §15 section 1 or 2   ) it has to happen in written form within a period of two months after the discrimination. The filing of a suit is possible within a period of three months. The period begins with the assertion of the claim at the opposing parties in written form. The assertion of a claim for damages or indemnification as well as a lawsuit, do not necessarily presuppose a complaint at MLU.


How are the appeal proceedings conducted?

Initially, the appealing person can describe in a conversation with the complaints office as exactly as possible, what has happened. Thereby, the person has the right to be accompanied by an encouraging advocacy.

Afterwards the person against which the complaint is lodged has the opportunity to respond to the complaint in written form within a period. If the statement was received or the period for submission has expired, in the absence of a response, the complaint office is sending a written invitation for a personal interview to the person against which the complaint was lodged. Thereby a competent person (e.g. a psychologist or translator) can be present. The appealing person can be accompanied to the conversation by an encouraging advocacy, but the person against which the complaint was lodged is not obliged to make a statement.

The complaints office might question witnesses and examine evidence. Witnesses are as well not obliged to make a statement and may not be at a disadvantage based on their statement.

All hearings and findings are documented in writing by the complaints office. All participating persons should sign records of oral hearings, in order to verify their accuracy.

Following, the complaints office sends a report to the responsible member of the rector’s office, who evaluates the institutional and legal aspects and can proceed with further investigation, where appropriate.


According to what criteria the complaint is examined?

The complaint is examined according to the General Equal Treatment Act (AGG)   .


How to get the information about the outcome of the complaint?

If a concrete suspicion of discrimination and/or harassment within the meaning of the AGG arises, the result of the inspection and appropriate measures will be communicated in written form by the responsible member of the rectorate. Thereby data protection regulations must be applied.

If there is no concrete suspicion of discrimination and/or harassment within the meaning of the AGG, the complaints office communicates the result of the inspection to the appealing person and the person, towards whom the complaint is directed. On that note, the complaints procedure is concluded. Since there can still be a conflict, which burdens the studying or working atmosphere, it can be useful to seek for other ways of conflict resolutions. Therefore the consultation of advisory centers might be helpful.


What are possible consequences for the person accused?

The rectorate takes necessary and appropriate measures to prevent discrimination or (sexual) harassment on an individual basis. In doing so, all entities concerned are included (supervisors, university management, responsible teaching staff). The rectorate decides, what measures have to be taken. The measures taken may differ from the appealing person.

Possible penalties for employees

  • formal appraisal or official call
  • admonition
  • warning letter
  • relocation to another place of work
  • dismissal (in the case of employees)
  • initiation of disciplinary proceedings (in the case of officials)

Possible penalties for students

  • admonition
  • warning letter
  • exclusion from lectures
  • exclusion from the utilization of higher education institutions
  • ban on entering the university
  • expulsion

Responsibilities

Complaints Office

  • reception and examination of the complaint
  • provision of information on further proceedings
  • consultation and information for persons involved
  • interrogation of witnesses, where appropriate
  • support in the permanent elimination of all discrimination
  • response to the complaint and forwarding to the responsible commissioner of the rectorate, where appropriate

Responsible commissioner of the rectorate

  • legal assessment of the matters under the investigation
  • reporting of the results to the appealing person, to the opponent as well as the Complaints Office
  • introduction of employment law measures and disciplinary action, where appropriate

Particularities in case of violence, threat or sexual harassment by students

If you experienced violence, threats or sexual harassment by a student you can contact the standing committee of inquiry to misconduct, in accordance with the provision on administrative procedures in the event of violence, threat or sexual harassment by students.

The commission consists of representatives of various member groups of the university:

  • 1 professor
  • 1 research assistant
  • 1 non-scientific employee
  • 2 students
  • 1 Equal Opportunities Officer

At least three of the members of the commission have to be female.

To contact the commission, turn to the Equal Opportunities Office or department 1.4 division 1.

While protecting confidentiality, the commission investigates the report and initiates a preliminary examination procedure. The person accused is informed about the suspicion of misconduct and is asked to comment on it within a period (of usually two weeks). The name of the informant should not be disclosed without her*his agreement.

Following the comment submitted or after deadline expiration, the commission decides on whether they should initiate a formal investigation procedure or if they should terminate the preliminary examination procedure. If the informant does not agree to the closing of the procedure she*he has the right to a personal application at the commission, which will investigate its decision again, within two weeks.

As part of the formal investigation procedure, the commission examines, if a misconduct has or has not occurred. The meetings shall not be open to the public. The name of the informant needs to be disclosed, if the person accused has no other means to defend her*himself properly. If the commission considers the misconduct as not to be proven, the procedure shall be terminated. If a misconduct has been proved, the commission submits the results of its investigation to the university management along with a proposal for the further course of action.

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