Senate Directive on Cooperative Conduct
CONTENTS
1. Preamble
2. Scope of application
3. Basic principles
4. Tasks of the responsible bodies
6. Appendix
Definitions
Legal basis
Right of appeal
1. PREAMBLE
The Heidelberg University of Jewish Studies (HfJS) welcomes all students and academic staff of different origins, genders, sexual, religious and ideological orientations, social classes and from many different countries and in different functions. It is a place of lively academic debate on all facets of Jewish religion, history, cultures and societies. It is interested in the whole of Jewish cultures across geographical and temporal spaces: in the past and present, as self-conscious Judaism, as a diaspora and also in the Land of Israel.
As an educational institution, the HfJS has a special responsibility and role model function: achievements in studies and research as well as educational success can only flourish in an environment of intact cooperation. This requires cooperative behavior on the part of all those involved. The HfJS is committed to cooperative behavior, guarantees the equal and respectful cooperation of its members and staff at all functional levels and promotes measures to create and maintain a working atmosphere conducive to this.
2. SCOPE OF APPLICATION
The Senate Guideline for Cooperative Conduct applies to all members and staff of the HfJS in accordance with Section 2 of the Basic Regulations. It also applies to persons who are not bound to the HfJS by employment or service law and who are not in an employment relationship with the HfJS, but who have a factual connection to the HfJS. These are in particular persons with scholarships, external doctoral candidates and external employees. The Senate's guideline on partnership-based conduct supplements the existing regulations for the protection of employees, such as the General Equal Treatment Act (AGG) or the State Higher Education Act (LHG). A catalog of appropriate measures and sanctions can be found in the appendix.
3. PRINCIPLES
Particular emphasis is placed on a positive climate and fair competition in teaching, research and the workplace. All persons, especially those in management and leadership positions, are responsible for ensuring that discrimination on the grounds of ethnic origin, gender, religion or ideology, disability or illness, age or sexual identity, in particular the exploitation of relationships of dependency during studies and in the training and workplace, as well as sexual harassment, bullying and stalking are not tolerated and prevented. The Senate of the HfJS disapproves of any form of discrimination, degradation, bullying and stalking. These actions are prohibited. They also constitute a breach of employment contract, service law and university law obligations, which will be punished accordingly. The persons covered by the scope of this policy undertake to comply with these principles and work towards ensuring that such actions do not occur.
4. DUTIES OF THE RESPONSIBLE PERSONS
The Rector shall ensure that members of the university are comprehensively informed about the problems of bullying, discrimination, stalking and sexual harassment, about the possibilities of prevention and about the rights and counseling options of those affected. The HfJS appoints a contact person for questions relating to sexual harassment, bullying, stalking and discrimination. Those affected by sexual harassment, bullying, stalking and discrimination are also offered various options for improving and resolving their situation, e.g. conflict resolution procedures, employment law channels, procedures, measures, after the facts of the case have been reviewed.
6. ANNEX
Definitions
What is perceived as sexual harassment, bullying, stalking or discrimination is essentially determined by the subjective perception of the person affected. The following lists are therefore by no means exhaustive.
Sexual harassment
Sexual harassment is any sexually explicit behavior that is not desired by the person concerned or is likely to degrade them as a person and constitutes a transgression of boundaries. The behavior fulfills the criterion of a subjective transgression of boundaries. Sexual harassment can be expressed in words, actions, gestures or other sexualized behaviour.
This can be, for example
- Suggestive remarks, comments or jokes about the person, their body, their behavior or their private life
- Showing sexist and pornographic images, regardless of the form (e.g. calendars/screensavers/posters)
- Gestures and non-verbal comments with a sexual connotation
- unwanted solicitation and/or coercion to perform sexual acts
- unwanted physical contact
- sexual discrimination, harassment and violence and exploitation of relationships of dependency at the workplace and place of training.
Bullying
The term bullying describes negative communicative actions by one person or several other people that are directed against a person and that occur repeatedly and systematically.
These can be, for example
- Defamation of fellow employees or their family members
- spreading rumors that cannot be proven to be true about persons covered by this policy or their families
- Deliberate withholding of necessary information
- disinformation
- Threats and humiliation
- verbal abuse, hurtful treatment, mockery and aggression
- undignified treatment, e.g. the assignment of insulting, unsolvable, pointless or no tasks at all.
- repeated or coordinated personally insulting statements towards persons covered by the scope of this policy, e.g. in the form of slander in public and internal university forums.
Stalking
Stalking' refers to the intentional and repeated following and harassment of a person so that their safety is threatened and their way of life is seriously impaired. Stalking has been a criminal offense since 2007 (§ 238 StGB 'stalking'). The manifestations of stalking are manifold. Specific examples of stalking are
- countless phone calls
- harassing text messages, emails or letters
- stalking and following, demonstratively staying in the vicinity of the person concerned
- Ordering goods and advertisements in the name of the person concerned
- unwanted gifts etc.
Discrimination
Discrimination is a degradation of the dignity, rights and freedoms of the individual, which are inviolable under the Basic Law.
and freedoms of the individual. Discrimination can be, for example
- derogatory remarks, comments or jokes and/or actions based on:
- national and/or social origin
- skin color
- descent
- a disability
- gender
- religious and/or ideological orientation
- political convictions
- sexual orientation
- an illness
- age
- the use of documents that prevent equal treatment of the persons covered by the scope of this directive.
Legal basis
- Basic Law (GG) www.gesetze-im-internet.de/bundesrecht/gg/gesamt.pdf
- State Higher Education Act (LHG) www.landesrecht-bw.de/jportal/?quelle=jlink&query=HSchulG+BW&psml=bsbawueprod.psml&max=true&aiz=true
- General Equal Treatment Act (AGG) www.gesetze-im-internet.de/bundesrecht/agg/gesamt.pdf
- Disability Equality Act (BGG) www.gesetze-im-internet.de/bundesrecht/bgg/gesamt.pdf
If it is not possible or not reasonable to solve a problem or resolve a conflict directly between the parties involved, those affected or their superiors can turn to the responsible bodies. This is the contact person for issues relating to sexual harassment and anti-discrimination or the Equal Opportunities Officer. A complaint must not lead to discrimination against the person making the complaint or the person concerned. The collection of personal data must be limited to what is necessary and is subject to data protection. Incidents, discussions and information about possible facts are treated confidentially. the members of the commission are bound to secrecy. Those affected have a say in the course of the procedure. Complaints and information about bullying, discrimination, stalking and sexual harassment must be followed up.
Right of complaint
In the event of violations of this policy, suitable, necessary and appropriate measures must be taken. The specific measure to be taken in each individual case depends on the nature and severity of the violation and on whether the person in question is an employee, a student, a person with a teaching assignment, a person with a private lectureship, a person with an adjunct professorship, a person with an honorary professorship/senior professorship, a guest researcher, a person working free of charge or an external person. The HfJS may file criminal charges in the event of a serious violation.
Measures against employees (depending on the severity of the violation)
General measures:
- Admonition to change behavior (by the supervisor or the HR department)
- Instructions on the manner of personal interaction with each other
- Obligation to participate in training events
- Threat of measures under labor law
Measures under labor law, e.g:
- Admonition, warning
- dismissal
Measures against lecturers
- Admonition to change behavior
- Revocation of the teaching assignment
- Ban from the premises
Measures against private lecturers
- Admonition to change behavior
- House ban
- Revocation of teaching authorization (§ 39 para. 5 sentence 3 LHG) possible if the person concerned proves to be
unworthy of it.
Measures against holders of an honorary professorship/senior professorship
- Admonition to change behavior
- Ban from the premises
- Revocation of the appointment as an honorary professor (Section 55 (1) sentence 4 in conjunction with Section 17 (3) Basic Regulations)
Measures against students
- Admonition to change behavior
- Exclusion from a course
- Exclusion from the use of university facilities
- Withdrawal of authorization to use IT equipment
- Ban from the premises
- Exmatriculation
Measures against academically active persons as guests
- Admonition to change behavior
- House ban
Measures against persons working free of charge
- Admonition to change behavior
- House ban
Measures against external persons
- Admonition to change behavior
- Threat of termination of any existing contractual relationship
- Termination of any existing contractual relationship
- House ban
Heidelberg, March 05, 2025