Advice on Sexualised Discrimination Incidents
Sexual harassment and violence at universities
Sexualised discrimination, sexual harassment and violence also occur at universities. Dependency and competitive relationships while studying, during the qualification phase or at work can lead to a variety of different forms of sexualised discrimination, sexual harassment or violence.
The term sexual harassment encompasses a range of differing actions and behaviours - varying in type and level of severity - which are experienced as degrading or discriminating. Verbal and physical intrusiveness is not acceptable encroachment, whereas coercion and rape are forms of sexual violence. How such behaviours are perceived is a very individual thing.
Officer for questions relating to sexual harassment
The University of Applied Labour Studies has appointed a male and a female officer, each on one campus, for university members and their affiliates to address matters concerning sexual harassment, as per Section 4(9) of the Higher Education Act (LHG) of 2005, as amended on 17 December 2020. The HdBA senate has appointed the following persons for two years from September 2021:
- Ms. Tanja Merkel M.A., Mannheim campus, as a contact person,
- Mr. Prof. Dr. Ingo Matuschek, Schwerin campus, as a contact person.
The contact persons are responsible for informing university members and their affiliates of any gender of both internal and external counselling options in matters concerning sexual harassment, violence and discrimination. They also provide advice on possible formal as well as procedural steps and can transfer people to the relevant organisational unit, if necessary.
Conversations between members/affiliates and the contact person are of course confidential. Information on personal or factual situations are not passed onto third parties without the consent of the person it concerns.
You can contact one of the representatives regardless of the campus you are on.
Contact:
Ms. Tanja Merkel M.A.
Student Services Specialist
Telephone: +49 621 4209-249
E-Mail: Tanja.Merkel(at)arbeitsagentur.de
Seckenheimer Landstraße 16,
68163 Mannheim, Room 104
Mr. Prof. Dr. Ingo Matuschek
Professor of sociology focusing on labour and social structure
Telephone: +49 385 5408 476
E-Mail: ingo.matuschek(at)hdba.de
Wismarsche Str. 405
19055 Schwerin, Room 0230
What can you do if you are being discriminated against or harassed?
If you find someone has overstepped the mark, this is always a reason to act. You have several options:
- The person says he is feeling sexually harassed or discriminated against;
- If the other party does not react, state consequences;
- Note everything you remember to collect the facts;
- Contact the people listed here.
National points of contact
- National anti-discrimination agency (for all genders)
Telephone: +49 301 8555-1865
E-Mail: beratung(at)ads.bund.de
Website: Anti-discrimination agency - Helpline "Violence against women"
Free call: +49 8000 116 016
Website: Helpline - National Association of Women's Advice Centres and
Women's hotline, Frauennotrufe, Frauen gegen Gewalt e.V. (Women against Violence Association)
Telephone: +49 30 322 99 500
E-Mail: info(at)bv-bff.de
Website: Frauen-gegen-Gewalt
Points of contact in Mannheim
- Notruf und Beratung für sexuell misshandelte Frauen und Mädchen e.V.(Hotline and counselling for sexually abused women and girls)
Tel.: +49 621 100 33
Website: Hotline for girls - Psychosoziale Beratungsstelle für lsbtiaq+ Menschen, PLUS e.V.
Telephone: +49 621 336 21 85
Website: Plus-Rheinneckar
Points of contact in Schwerin
- Beratungsstelle Frauen in Not (Counselling for women in danger)
Telephone: +49 385 555 73 56
Website: AWO Schwerin - LSVD Queer Mecklenburg-Vorpommern e.V.
Telephone: +49 385 758 892 22
Website: Queer-MV
Insofar as criminal actions are affected by behaviours or actions, the counselling by no means replaces the report filed by the person concerned to the appropriate authorities (especially the police). Members and affiliates of the University of Applied Labour Studies who behave inappropriately, intrusively or in a criminal manner can be subject to measures under labour or service law. This requires the relevant information from the persons affected, e.g. through a report submitted to the rector's office or to Human Resources or the staff council. In such cases, the representatives for issues relating to sexual harassment provide information and support during the relevant meetings.
On 15th November, the Ministry of Science, Research and Arts, Baden-Württemberg appointed the lawyer Michaela Spandau as the independent lawyer for sexual discrimination, sexual harassment and violence. The independent lawyer is available to the institutions in the remit of the Ministry of Science, Research and Arts, and advises on legal matters as an independent external person. She can provide advice on cases of uncertainty as well as assisting with possible further steps in specific individual cases.
It is possible for affected persons to contact Ms. Spandau as a trusted person directly. The main focus of her work is to carry out the first (free) meeting, in which she gives legal advice to determine the what the issue is exactly. It is generally possible to contact her anonymously, and legal confidentiality is ensured, if required. Ms. Spandau can be contacted on a confidential basis if before it has been determined whether or not the case is a legal or criminal matter.
Contact:
Ms. Michaela Spandau (Javitz & Spandau Lawyers)
Immenhofer Straße 5, 70180 Stuttgart
Tel: +49 711 673 53 70
E-Mail: vertrauensanwaeltin-mwk(at)rechtsanwaelte-js.de
Excerpt from the Law on Higher Education Institutions in Baden-Württemberg (Landeshochschulgesetz - LHG)
From 1st Januar 2005 § 4 a
Contact persons in the event of sexual harassment and anti-discrimination
(1) The university appoints one female and one male person for its members and their families for issues relating to sexual harassment; the contact persons are not bound by instructions in this role. The university advises that its members and their familes are protected from sexual harassment. The university lays down rules for further procedure.
(2) The university appoints a contact person for anti-discrimination; This person is not bound by instructions in this role. The university advises that its members and their families are protected from discrimination for racial reasons, ethnic background, religious reasons or ideological identity. The university lays down rules for further procedure.
(3) The role of the contact persons according to Sections 1 and 2 can be interconnected. It could also be the case that this role is connected with that of another, for example the Equal Opportunities Officer or the instigation of positions across universities. Connecting the role of the Data Protection Officer is excluded.
§ 62 Section 3 No. 3 LHG (Law on Higher Education Institutions) (de-registration of students due to sexual harassment).
Excerpt from the General Equal Treatment Act
The General Equal Treatment Act (AGG) gives the following definition of sexual harassment, as laid out in § 3, Section 4:
"Sexual harassment is discrimination as related to § 2 Section 1 No. 1 to 4, if an unwanted, sexually oriented behaviour, including unwanted sexual acts and requests for such acts, sexually motivated physical contact, comments of a sexual nature or the unwanted displaying of or visible posting of pornographic content is intended to or causes the violation of the dignity of the person concerned, especially if this creates an environment of intimidation, hostility, humiliation, degradation or insults."
§ 7 Section 1, § 12 Sections 1 to 4 as well as § 13 Section 1 of the General Equal Treatment Act (AGG) apply to members of the university who are not members of staff and their families. Other regulations governing anti-discrimination remain unaffected. This English translation serves for general understanding. The original version in German is the legally binding one.