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Complaint procedure at MLU in cases of discrimination

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.

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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.

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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.

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

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.

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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.

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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.

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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.

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According to what criteria the complaint is examined?

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

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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.

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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

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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

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Special Case: violence, threat or sexual harassment by students

On July 11, 2012, the University of Halle adopted regulations on the administrative procedure in cases of violence, threats, and sexual harassment by students, which were updated in spring 2023. According to these regulations, the Academic Senate of the University elects a permanent commission to investigate allegations of student misconduct. Members of the commission are:

• 1 university lecturer
• 1 academic staff member
• 1 non-scientific employee
• 2 students
• 1 equal opportunity representative

The commission investigates reported incidents of student misconduct, taking strict account of the data protection concerns of affected students, and submits the results of its investigation to the university management with a recommendation on the further procedure (issuing a sanction, up to and including exmatriculation, or discontinuing the proceedings). The Rectorate then makes its decision at its own discretion. For further details on the procedure, please refer to the above-mentioned regulations.

When is the Commission responsible?

If you as a member, relative, guest or early student of Halle University have experienced violence, threats and/or sexual harassment by a student or a student applicant of the university and would like to initiate an official complaint procedure against this person, this falls under the jurisdiction of the commission. The same applies if students have repeatedly violated the university's house rules, disturbed the order of the university or its events, or prevented members of the university from exercising their rights, duties or obligations.

The commission is not responsible if you have experienced discrimination, (sexual) harassment or violence by university employees in a university context. In these cases, the AGG Complaints Office is responsible for your complaint.

If you are not sure whether you want to initiate an official complaint procedure, you can also initially take advantage of a confidential counseling service. The Anti-Diskrimination Prevention and Counselling Office will be happy to advise you on your options for action.

Contacting the Commission

To contact the Commission, email antidiskriminierung@uni-halle.de. The Discrimination Prevention and Counseling Center will confidentially forward the matter to the respective members of the commission. Alternatively, you can contact the Rector's Office: rektorat@uni-halle.de

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Special case: Employees who experience bullying

The University of Halle also concluded a service agreement on combating bullying on 12.11.2020.

All employees of the University of Halle have the right to complain if they experience bullying at work, i.e. that they are deliberately harassed, humiliated, disadvantaged or excluded frequently and over a long period of time. For example, by:

• Attacks on opportunities to communicate
• Attacks on social relationships and social reputation
• Attacks on the quality of work and living situation
• Attacks on health
• Sexual harassment

As a result of the complaint, the person concerned must not suffer any sanctions or adverse effects on his or her professional career.

Supervisors are obligated to create working conditions that enable fair interaction among employees and build trust. Through their personal conduct, they must also contribute to a working atmosphere that is characterized by respectful treatment and in which the personal integrity and dignity of all employees is respected.

Procedure in cases of mobbing

The person affected documents the bullying incidents in writing (incident, date, persons involved, witnesses). This is usually done over a period of two months. In particularly serious cases, shorter periods are also appropriate.
The person concerned addresses his/her complaint to the immediate or next higher superior.

The supervisor contacted must immediately offer a confidential and understanding clarification and exploratory discussion. This will be documented. The person concerned shall receive a copy. If desired, the person concerned can be accompanied by a trusted person.

The superior conducts an individual discussion with the (allegedly) bullying person. This should take place within 14 days of becoming aware of the bullying allegations at the latest.

If behavior is determined to be bullying and there is a willingness to resolve the conflict amicably, a mediation meeting moderated by the supervisor will take place. In this meeting, joint behavioral goals for the future are set out in writing and any necessary changes to the work organization are recorded. If further measures need to be initiated, the HR department (A3) is involved with the consent of the person concerned. The person concerned can stop the procedure without giving reasons before the conciliation meeting is held.

After six weeks, changes in behavior are reviewed in an evaluation interview. The discussion is documented in writing.

• If the desired changes in behavior have occurred for all parties and the conflict has been resolved, the procedure is terminated for the time being. If the person concerned can confirm after six months that there have been no further acts of bullying, the procedure ends definitively.
• If changes in behavior are only insufficiently or not at all recognizable, the case including the documentation is passed on to the personnel department (A3). The latter examines disciplinary and labor law measures. If A3 comes to the conclusion that bullying has occurred, sanctions appropriate to the severity of the incidents are implemented. If there is no bullying, alternative conflict resolution measures are initiated.

Preparatory or accompanying advice and support for the person concerned by the following bodies is possible:

• Staff Council, JAV, Main Staff Council
• Representative body for severely disabled persons, main representative body for severely disabled persons
• Central and decentralized equal opportunity officers
• Social and conflict counseling center
• Family office
• Inclusion representative
• Foreigners' representative
• Company medical service
• Department 3 - Staff Department

Confidentiality

All information is treated as strictly confidential. Consultants and supervisors are bound by confidentiality. Documentation is kept in a file protected from unauthorized access. Seven months after the last contact or six months after an evaluation interview that reveals changes in behavior, all documentation must be destroyed.

If misconduct with disciplinary consequences is determined, the documentation of the fact-finding review will become part of the personnel file of the person being bullied.

Note

Please refer to the above service agreement for binding details on the procedure.

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