Information on the guideline for respectful cooperation and protection against unfair treatment, discrimination, sexualised violence and bullying
The Equal Opportunities Office has prepared the following documents for those affected, witnesses and/or counsellors:
- Internal Options in cases of discrimination at UPB (overview)
Paderborn University is particularly committed to fair cooperation between all university members and encourages employees and students to work together in a trustworthy and respectful manner in the areas of study, teaching, research, administration and services.
The right to fair, respectful and cooperative interaction of all university members excludes any form of discrimination, mobbing, stalking, sexual harassment and violence, as well as the exploitation of relationships of dependency and abuse of power.
In order to ensure these principles, the Senate of Paderborn University has issued a guideline for respectful cooperation and protection against discrimination, sexualised violence and mobbing, which replaces the "Senate Guideline on Partnership Behaviour at Paderborn University" presented in 2005.
„On the one hand, the guideline formulates fundamental values of our university community and, on the other, it sets out a clear procedural framework to ensure protection and the best possible support for affected university members.”
The aim of the guideline is to promote and realise a trusting, constructive and appreciative cooperation, mutual respect for the personality of others and the individual's own responsibility for a positive internal working atmosphere.
Members of the university who are affected by discrimination, mobbing, stalking or sexualised harassment and violence should be encouraged and called upon not to accept such attacks, but to involve third parties in order to receive timely and effective support.
At the same time, bystanders are called upon not to look the other way in the case of incidents they observe or become aware of, but to offer direct help to those affected and to support them in solving problems that have arisen.
Furthermore, it is the task of superiors at all levels of the university to actively contribute to ensuring that conflicts are dealt with and resolved appropriately as part of their management duties. They are obliged to ensure compliance with the standards described in this guideline and, if cases of discrimination, mobbing, stalking, sexualised harassment and violence nevertheless occur, to emphatically stand up for the rights of those affected and to ensure consistent clarification or sanctioning of corresponding misconduct.
The guideline applies to all members and affiliates within the meaning of Section 9 (4) HG NRW of Paderborn University. These are in particular:
1. the employees of Paderborn University
3. auxiliary staff
4. members of the Advisory Board
5. enrolled students
6. professors and junior professors
7. honorary professors, associate professors and private lecturers
8. doctoral candidates
9. teaching assistants and visiting lecturers
The definitions listed below supplement the terminology relating to unfair treatment within the meaning of the General Equal Treatment Act (AGG) and serve to better clarify cases covered by this Guideline. They do not however constitute an exhaustive catalogue. Discrimination, bullying, stalking, and sexual harassment and vio-lence also increasingly occur in the digital media, e.g. in the form of cyberbullying, cyberharassment (harassment via the Internet), cyberstalking, hate speech or barrages of disparaging comments. A particular characteristic in this regard is that the perpetrators normally remain anonymous and often cannot be identified.
Discrimination means lowering the dignity, rights and freedoms of individuals on a verbal and non-verbal level. This can be, for example, derogatory remarks, comments, jokes or gestures on the basis of national and/or social origin, skin colour, descent, disability, current function, gender, sexual orientation, religious and/or ideological orientation, political views.
Bullying refers to negative communicative actions by one or more persons, which are directed against a person and which occur repeatedly and systematically. These may include: slandering university members, staff and their families; spreading rumours about university members, staff and their families; deliberate withholding of information necessary for work or deliberate disinformation; threats and humiliation; verbal abuse; hurtful treatment; taunting and aggression; undignified treatment by superiors, such as the assignment of unacceptable tasks.e.g. the assignment of unsolvable and meaningless tasks or the non-assignment of tasks.
Stalking refers to persistent stalking of a person, which manifests itself in transgressive behaviour, in particular by unwanted contact and threatening actions. In this case, the affected person is observed, followed or penetratingly harassed against their will in a repeated, unreasonable manner. Examples of stalking are:harassing telephone calls, leaving harassing messages on the internet, by e-mail, mobile phone or on an answering machine, surveillance or observation of a particular person, unwanted recording of visual material (photo, video, mobile phone),demonstrative presence (ambushing) in the classroom, workplace or other places at the university, stalking, unwanted advances and/or attempts at contact, unwanted gifts and/or ordering of consignments of goods.
Sexualised harassment and violence:
Sexualised harassment and violence is defined as any behaviour or action that is sexually discriminatory, offensive or humiliating and that has the effect of violating the dignity of the person concerned. This behaviour includes, among other things: sexualised non-verbal and verbal communication, degrading sexualised representations, unwanted physical touching, physical assault.
Paderborn University offers various prevention measures to protect against disadvantage, discrimination, sexualised violence and bullying. These include, among others:
- raising awareness among the university public and especially among management staff with personnel responsibility,
- offers of vocational training and further education, e.g. on conflict management, discrimination-free higher education, the AGG, if necessary also individually or in smaller groups,
- consideration of social competencies when recruiting new managers or employees,
- creating spatial and technical conditions (e.g. in terms of accessibility, if possible according to the two-channel principle) to avoid fear and dangerous situations, as well as
- creating conditions that enable barrier-free working and studying at Paderborn University, as well as
- providing barrier-free information and counselling services.
|If you have ideas or suggestions for making our university as discrimination-free or discrimination-sensitive as possible, we are open to your concerns and suggestions. In this case, please contact: |
Laura Maring I Diversity Officer.
In cases of discrimination, bullying, stalking, sexual harassment and violence as well as in cases of exploitation of dependency relationships and abuse of power, there are basically two different procedures which can also be combined with each other: on the one hand, individual counselling and support (§ 8 Counselling), if necessary with a subsequent complaint, and on the other hand, a complaint to the Paderborn University Complaints Office (§ 9 Complaints). We recommend that affected persons first seek confidential counselling in any case.
Counselling aims at clarifying the situation, providing information about relevant support services and, if necessary, filing a complaint. Possible contact persons can be found here. It is the right of all affected persons to seek counselling in cases of discrimination, bullying, stalking, sexualised harassment and violence as well as in cases of exploitation of dependency relationships and abuse of power. The first contact can be made by the person concerned or by a third party. Counselling by one of the university contact points or by external counsellors is strictly confidential. If necessary, these contact points will refer the person to another counselling centre. If requested, the contact persons will support those affected during the official complaints procedure. No further steps will be taken against the will of the person concerned.
The complaint is an official notification to the university. The complaint results in a review of whether employment, service or regulatory measures will be imposed. The complaints office for all members of the University according to § 1 and § 9 of the policy is the Human Resources Department of Paderborn University.
The contact persons in case of an official complaint are:
Please note that the complaint is an official notification to the university. In contrast to counselling, it is not possible for the complainant to remain anonymous in the complaint procedure.
Sanctions that may be considered are in particular:
a) In relation to personnel law:
- an official interview with the employee
- oral/written instruction/admonition
- a written warning
- transfer/assignment to a different workplace
- disciplinary measures
- withdrawal of a teaching assignment
- ordinary or extraordinary termination
b) Towards students:
- threat of deregistration
- exclusion from the use of university facilities
- exclusion from participation in individual courses for up to one semester
c) Regulatory measures against employees and students:
- exclusion from the premises
- criminal charges
In keeping with the principles of data economy and necessity, the number of persons informed of a procedure shall be kept as small as possible. Subject to regulations to the contrary, all persons involved in this procedure are obliged to treat the personal data made accessible to them confidentially and not to make it accessible to third par-ties, insofar as such data transfer is not regulated by this guideline or another legal provision or the persons con-cerned have given their express consent to this.
The processing of personal data within the scope of this guideline shall be carried out in accordance with the applicable provisions of data protection law.
Protection against discrimination is enshrined in law at various levels. Not only does Article 3 of the Basic Law prohibit discrimination, but the General Equal Treatment Act (German abbreviation: AGG) also stipulates that discrimination on the basis of ethnic origin, gender, religion or belief, disability, age and sexual identity must be prevented or condemned in Germany.
To ensure these legal mandates, the Senate of Paderborn University has issued a university guideline for respectful cooperation and protection against discrimination, sexualised violence, stalking and bullying. Along with this, the same rights and measures apply to all members and affiliates of Paderborn University with regard to the aforementioned points in the event of a consultation or complaint.
The Equal Opportunities Office of Paderborn University has prepared the following documents for those affected, witnesses and/or counsellors:
The person concerned is supported and advised with the utmost confidentiality. He/she may request counselling/hearing by a person of his/her own gender. In cases of discrimination, bullying, stalking, sexual harassment and violence, depending on the concrete framework conditions and the severity of the individual case, action is to be taken while respecting the anonymity wishes and protection needs of the person concerned (§ 8 of the Guidelines for Respectful Cooperation).
The confidentiality of the procedure and of all those involved in the procedure shall be maintained. In accordance with the principles of data economy and necessity, the circle of persons informed about a procedure shall be kept as small as possible (§ 11 of the Guidelines for Respectful Cooperation).
You can remain anonymous when contacting and receiving confidential counselling from the contact persons suggested in the guideline for respectful cooperation. They will listen to you, provide you with information and show you alternative courses of action.
In the case of a formal complaint, the person making the complaint is not entitled to anonymity, as the person accused of misconduct must be given a hearing and the opportunity to make a statement.
In cases of discrimination, bullying, stalking, sexual harassment and violence as well as in cases of exploitation of dependency relationships and abuse of power, there are basically two different procedures that can also be combined: on the one hand, individual counselling and support (§ 8 Counselling), if necessary with a subsequent complaint, and on the other hand, the complaint to Paderborn University Complaints Office (§ 9 Complaints). You can find an overview of internal options for action here.
We recommend that affected persons first seek individual and informal advice. There are various contacts available for counselling sessions and for support in implementing the available options for action against discrimination, harassment and violence, stalking and mobbing. The counselling aims to clarify the situation, to provide information about relevant support services and, if necessary, to file a complaint.
Please note that the complaint is an official notification to the university. The complaint has the consequence that further legal steps may be taken (labour, disciplinary or university law), which must also be pursued by withdrawing the complaint.
First of all, there are various counselling options open to you, which we recommend in any case in advance of any possible solutions. You can find the counselling centres as well as commissioners and persons of trust here.
After that, e.g. a professional conflict resolution (mediation) between the parties involved can be an option. However, you can also initiate a formal complaint procedure. In addition, there are other options, which, however, cannot be listed individually depending on the individual problem.
Discriminatory incidents do not always happen on the campus, but may still have a connection with Paderborn University - if you are unsure, please seek a conversation with Laura Maring I Diversity Officer.
A major difference between a counselling service and the complaints office lies in the confidentiality and the consequences resulting from the contact with the person concerned. Whereas in informal counselling the control over the information and possible follow-up lies with the person seeking advice, the complaints office has to initiate a complaints procedure and possibly further legal steps after receiving the complaint. In a formal grievance procedure, the accused person will also be informed and heard, and if necessary, the supervisor will be informed about the complaint.
While counselling can focus exclusively on the concerns of the person seeking advice, the complaints office must do equal justice to the person making the complaint as well as the accused person.
Filing an official complaint means that the person concerned wants to initiate an official procedure. The person concerned describes the incident to the complaints office with the aim of initiating proceedings.
An overview of internal options for action in the event of discrimination as well as information on the procedure for filing a complaint at Paderborn University can be found here.
All members and relatives within the meaning of Section 9 (4) HG NRW of Paderborn University can submit an official complaint (§ 1 of the Guidelines for Respectful Cooperation).
These are in particular: employees of Paderborn University, officials, auxiliary staff, members of the Advisory Board, enrolled students, professors and junior professors, honorary professors, associate professors as well as private lecturers, doctoral candidates, teaching assistants and visiting lecturers.
According to § 9 (2) of the Guidelines for Respectful Cooperation, the complaint must be made in writing or verbally to the complaints office. In the case of an oral statement by the person making the complaint, a member of staff at the complaints office will record the complaint in writing and write down the content of the conversation. The transcript is presented to the complainant at the end of the interview for review and subsequent signature. The complainant may be represented by a third party.
The complaint can therefore be submitted informally in writing, by e-mail, by telephone, by a third party or in person to the complaints office. In particular, it should include what happened, who is involved, whether there are witnesses, which persons and bodies have already been contacted in the matter and whether measures have already been taken.
Sample letters and formulation aids can be found here.
The complainant may withdraw the complaint at any time. This ends the complaint procedure. Nevertheless, the university may have to investigate further and is sometimes obliged to do so (e.g. in the case of disciplinary measures for civil servants/officials). Section 12 of the AGG also obliges the university to take action if it becomes aware of discrimination, in order to avoid later liability.