Respectful conduct and protection against discrimination

How we understand discrimination at the University of Jena

Discrimination can be said to occur when people are disparaged, treated disadvantageously, subjected to (sexualized) harassment, stigmatized, devalued, or excluded on the basis of one or more of the protected characteristics that are associated with a particularly high risk of social discrimination. These characteristics include:

• a mental and/or physical disability or chronic health condition
• ethnic and cultural origin (including racist attributions)
• social origin or social status
• gender or attributions of gender
• age
• religion and world view
• sexual orientation
• family caring responsibilities

Formal criteria for distinguishing between various forms of discrimination exist.

Definitions in accordance with Section 3 of the General Act on Equal Treatment

(1) Direct discrimination is deemed to occur when an individual experiences less favourable treatment than another individual experiences, has experienced, or would experience in a comparable situation due to one of the reasons stated under Section 1. Direct discrimination on grounds of sex shall is also deemed to occur in accordance with Section 2, Subsection 1, Numbers 1-4 if women experience less favourable treatment as a result of pregnancy or maternity.

(2) Indirect discrimination is deemed to occur when ostensibly neutral provisions, criteria, or procedures may particularly disadvantage individuals over others due to one of the reasons stated under Section 1, unless the provisions, criteria, or procedures concerned are objectively justified on the basis of a lawful objective, and the means to achieve this objective are appropriate and necessary.

(3) Harassment is a disadvantage that occurs when unwanted behaviours associated with one of the reasons stated under Section 1 aim at or cause injury to the dignity of the affected individual and create an environment characterized by intimidation, indignity, or insults.

(4) Sexual harassment is considered discrimination in accordance with Section 2, Subsection 1, Numbers 1-4 and deemed to occur when unwanted behaviour of a sexual nature is aimed at or causes injury to the dignity of the individual affected. Sexual harassment also includes unwanted sexual acts and solicitations for the same, physical contact of a sexual nature, comments with sexual content, and the unwanted showing and visible display of pornographic content. In particular, this applies when a study or work environment is created that is characterized by intimidation, hostilities, humiliations, indignities, or insults.

(5) An instruction to discriminate against a person for a reason stated under Section 1 is considered discrimination in accordance with Section 2, Subsection 1, Numbers 1-4. In particular, this includes if someone instructs an individual to behave in a manner that disadvantages or may disadvantage another individual due to one of the reasons stated under Section 1.

Notes:

• Discrimination also occurs when the characteristics it is based on have been attributed based on an error or an unfounded assumption.
• What is decisive for determining that someone has been treated disadvantageously is the objectively plausible negative effect an occurrence has had on the person affected. The motivation of those who have engaged in the disadvantageous treatment is not decisive.

A difference in treatment justified on account of a protected characteristic does not constitute disadvantageous treatment when:

• appropriate ‘positive measures’ are taken with the intention of preventing or compensating for disadvantages arising in connection with one of the protected characteristics (Section 5 of the General Equal Treatment Act [Allgemeines Gleichbehandlungsgesetz, AGG]).
• an objectively valid reason for the unequal treatment exists (Sections 8–10, 20 AGG).

Legal Basis:

• Basic Law for the Federal Republic of GermanyExternal link, Article 3, Paragraph 3External link
• General Act on Equal TreatmentExternal link (Allgemeines Gleichbehandlungsgesetz, AGG)External link
• Thuringian Higher Education ActExternal link (Thüringer Hochschulgesetz, ThürHG), effective from 10 May 2018, Section 5, Subsections 7-8 External link
• Against sexual discrimination and sexual harassment at higher education institutions’—Recommendations of the German Rectors' ConferenceExternal link, published following the 24th General Meeting on 24 April 2018External link
• List of court decisions on anti-discrimination law (December 2021)External link published by the Federal Anti-Discrimination AgencyExternal link

The University of Jena Policy for the Protection against Discrimination, Harassment, and Violence pdf, 298 kb · dewas published in 2023.

Fundamental principles

With this policy, the University of Jena strongly emphasizes that:

• discrimination, harassment, or violence will not be tolerated in any shape or form at the University of Jena, which will take robust action to secure their prevention or elimination;
• the University will provide protection and assistance to all affected by discrimination;
• misconduct will be stopped on the basis of statutory regulations.

Everyone coming under the scope of the policy is encouraged:

• to contribute, through their personal conduct, to maintaining and cultivating a culture of mutual recognition, respect, and fairness in their daily teaching, learning, work, and management activities
• to pro-actively counteract every form of discrimination, harassment, and violence encountered in their study or work environment.

People affected by discrimination, harassment, or violence are encouraged:

• to exercise their entitlements to receive anti-discrimination counselling and – in those cases where informal counselling does not suffice to resolve a matter – to submit a formal complaint to the University; exercising these entitlements may not lead to any disadvantage for the individuals concerned,
• to bring inappropriate conduct to the attention of the appropriate people and units in accordance with Section 9 of the policy, 
• to take advantage of the counselling that is available to explore possible courses of action and the support that is available to pursue them.

Scope of the Policy

-> People:

• all members and affiliates of the core university (excluding University Hospital Jena) in accordance with Section 21 of the Thuringian Higher Education Act (Thüringer Hochschulgesetz, ThürHG)
• university staff at the University Hospital Jena with teaching duties (especially lecturers and research associates)
• scholarship holders and visiting researchers
• people who provide contractually agreed services to the University
• participants in research, teaching, and events at the University
• people applying for a degree programme, a staff position, or a scholarship at the University

-> Areas, situations, and forms of communication:

• all structural units
• all teaching and learning contexts and work contexts
• analogue and digital communication

Prohibition of disadvantageous treatment

People coming within the scope of this policy may not be put at a disadvantage or subjected to harassment at the University of Jena on the grounds of

• a mental and/or physical disability or chronic health condition
• ethnic and cultural origin (including racist attributions)
• family caring responsibilities
• gender or attributions of gender
• age
• religion or world view
• sexual orientation
• social origin or social status
• looks/outward appearance

Entitlements to counselling and to submit a complaint

Section 7 of the policy clarifies that anyone coming within the scope of the policy who experiences discrimination, harassment, and/or violence at the University of Jena is entitled to receive counselling and to submit a complaint. Official channels do not need to be followed at the beginning of this counselling and complaint procedure.

If you have experienced discrimination, you can contact a person or unit listed as a contact point on this page to receive (initial) counselling and representation of your interests. The matter will be treated in strict confidence. All possible options for resolving the problem will be discussed together with you, and no actions that you have not expressly requested will be taken.

The counselling and complaints procedure can comprise one or two steps. It encompasses:

• an informal counselling and support procedure for working on the problem (Section 9 of the policy).
• When an issue cannot be resolved within the context of this informal counselling, a formal complaints procedure (Section 10 of the policy) can be initiated.

This has no impact on your entitlement to pursue other counselling or complaint resolution options (e.g., counselling by agencies outside the university, reporting a criminal offence, seeking civil damages).

Origin of the policy

Before its adoption by the Senate of the University of Jena, the policy was drafted in a participatory process involving representatives of all stakeholder groups, ombudspeople and designated persons of trust, faculty leaders, the strategic steering groups advancing (gender) equality and diversity at the university, and the Executive Board.
The process was led by the Vice-President for Early Career Researchers and Diversity Management, and guidance and support were provided throughout by the University's Legal Office.

Section 7 of the policy clarifies that anyone coming within the scope of the policy who experiences discrimination, harassment, and/or violence at the University of Jena is entitled to receive counselling and to submit a complaint. Official channels do not need to be followed at the beginning of this counselling and complaint procedure.

The counselling and complaints procedure can comprise one or two steps.  A flow chart illustrating the procedure can be found herepdf, 78 kb · de.

Stage 1: Informal procedure: Counselling to resolve the matter

If you habe experienced discrimination, you can contact a person or unit listed as a contact point on this page to receive (initial) counselling and representation of your interests.

• The matter will be treated in strict confidence.
• You can receive counselling anonymously.
• You can bring a person you trust along with you, or you can send them as a representative in your stead.
• All possible options for resolving the problem will be discussed together with you, and no actions that you have not expressly requested will be taken.

Options for resolving the matter could, for instance, include:

• Counselling to clarify the facts and explore possible courses of action
• Further exploratory talks to clarify the issue and investigate options for conflict resolution that could, if desired, also include the person alleged to have caused the experience of discrimination.
• Referrals to other providers of advice or counselling within or beyond the University
• Professional mediation or conflict moderation
• Support in initiating a formal complaints procedure in those cases where an issue cannot be resolved in the informal counselling procedure.

Stage 2: Formal procedure: Submitting a complaint

In case that clarification of the incident of discrimination has proved impossible or unreasonable within the framework of the informal procedure for consulting and dealing with the problem (see Stage 1), you can submit a complaint and thereby initiate the formal complaints procedure provided for in the General Equal Treatment Act).

Notes:

• In the formal complaints procedure, you are not entitled to remain anonymous.
• You can be accompanied to hearings in the formal complaints procedure by a person tasked with representing stakeholder interests at the University, for instance an equal opportunities or diversity officer, a staff council member, a designated person of trust or ombudsperson, etc.)
• Irrespective of the above, minors must be accompanied by their legal guardians.
• The formal complaint procedure does not replace the legal process (e.g. if you want to file criminal charges or claim compensation).

Submitting a complaint

You can submit your complaint to the coordination office of the AGG Complaints Committee in writing or make an appointment with the office to have an oral statement recorded in writing there. 

When formulating your complaint, you can use the Template for Submitting a Complaint under the General Equal Treatment Actpdf, 201 kb · de for guidance.

The coordination office of the AGG Complaints Committee is located in the Office of the Vice-President for Early Career Researchers and Diversity Management. Contact: agg.beschwerde@uni-jena.de

Investigation of complaints by the AGG Complaints Committee

Upon receipt of a submitted complaint, the AGG Complaints Committee convenes. The committee’s deliberations are not public, and the committee maintains strict confidentiality to protect the parties involved in the complaints procedure. The composition of the committee is as follows:

1. The committee is chaired by Prof. Dr Wiebke Brose de (Chair of Civil Law and Social Law) and its Vice-Chairperson is Prof. Dr Achim Seifert de (Chair of Civil Law, German and European Labour Law, and Comparative Law).
2. The remaining members of the AGG Complaints Committee, depending on within whose sphere of responsibility the status groups involved in the specific complaint fall, are:
1. Members of the Senate (one member for each status group involved in the matter to which the grievance relates)
2. Heads of the Divisions for Student Affairs and/or Human Resources
3. Guests of the Complaints Committee are the members of the Executive Board within whose sphere of responsibility the status groups involved in a specific complaint fall.

The AGG Complaints Committee investigates the complaint submitted to it by hearing the persons involved in the conflict and, where necessary, calling witnesses and experts. If the investigation determines:

• that discrimination has occurred, the AGG Complaints Committee informs the Executive Board of the outcome and proposes appropriate measures to prevent further misconduct by the person who has engaged in discriminatory conduct. The Executive Board takes a decision on this proposal and appropriate measures designed to prevent further misconduct.
• that no discrimination has occurred, the AGG Complaints Committee notifies the people involved in the grievance of this decision and the reasons underlying it. The person who has been the subject of a complaint is entitled to request and receive a written statement of the outcome of the investigation (without grounds) from the person or persons they deem relevant.

Representation of interests

• Diversity Officer
• Equal Opportunities Officer

Teaching and senior staff

• Teaching and senior staff who are directly responsible for the individual affected by discrimination in their role as trainers, teachers, senior officials, or supervisors and mentors.
• Heads of departments, institutes, faculties, and divisions.

Representation of interests

• Gender Equality Unit of the Student Representative CouncilExternal linkExternal linkExternal link
• Student councils offering initial anti-discrimination counselling and referrals DE de
• University of Jena Equal Opportunities Officer
• Faculty and Student Body Equal Opportunities Officers (Equal Opportunities Advisory Committee members)
• Diversity Officer
• Representative of Students with Disabilities (Diversity Officer)

Service points

• Central Academic Advisory Service in the Student Service Centre
• Advisory services for prospective and existing students with chronic illnesses or disabilities
• Student Feedback Hub DE de
• International Office: Student Support for International Students 
• Subject-Specific Advisory Services DE de

Mediation services for international students

• Ombudspersons for international students

Representation of interests

• DR.FSU Council of Doctoral Candidates
• University Staff Council DE de (for Doctoral Candidates and Postdocs with an employment contract at the University Jena)

Mediation services

• Ombudsperson of the Graduate Academy

Service points

• Personal consultations for doctoral candidates at the Graduate Academy
• Personal consultations for postdocs at the Graduate Academy
• Personal consultations for international doctoral candidates and postdocs

Ethics Committee for research project reviews 

• University Staff Council DE de
• Youth and Trainee Representatives DE de
• Representative for Employees with Disabilities DE de

Service points

• Representatives for Inclusion and Operational Integration Managagement (return-to-work) DE de
• Conflict resolution and mediation services at the Section for Staff Development

Service Points

• Welcome Point for International visiting scientists and scholars, and their hosts

Committees

• Committee on Safeguarding Good Scientific PracticeExternal linkExternal linkExternal link (in accordance with Section 5, Subsection 1 of the Guidelines for Safeguarding Good Scientific Practice at the Friedrich Schiller University Jena)
• Ethics Committee for research project reviews External linkExternal linkExternal link

If you do not wish to receive personal counselling at the University, you can inform the University about any incident of social discrimination you have experienced or witnessed using the online reporting form provided by the Diversity Office (anonymous submissions are possible).

If you do not wish to receive personal counselling at the University, you can inform the University about any incident of gender-based disadvantageous treatment or discrimination you have experienced or witnessed at the University of Jena; you can also use this form to report instances of sexualized harassment.

Medical students can anonymously share their experiences of sexism in teaching, internships, bedside teaching or teaching rounds and help to raise awareness of the issue. This provides an overall impression of what forms of sexism take place during studies and what is experienced as sexism by those involved.

The University of Jena has adopted Guidelines for Safeguarding Good Research Practice. All researchers at the University of Jena are obliged to comply with these guidelines.

The University will investigate any suspicions of academic misconduct within the University that are supported by specific indications. Academic misconduct is present, for instance, when data are invented or falsified, intellectual property is infringed (stealing of ideas, plagiarism) or research by other scholars is sabotaged. If you wish to report suspicions or make allegations in relation to academic misconduct, please contact the designated persons of trust at the University with responsibility for this area.

You can also discover more about this topic in the ‘Good Research Practice’ seminars offered regularly by the Graduate Academy. 

Relevant Committees at the University of Jena

• Committee on Safeguarding Good Research Practice (external linkExternal link) (in accordance with Section 5, Subsection 1 of the Guidelines for Safeguarding Good Research Practice at the University of Jena)
• Ethics committee for the evaluation of research projectsExternal link

Bullying occurs when a person is systematically and repeatedly treated in a derogatory, disrespectful, and harassing manner over an extended period of time for no apparent reason. Those affected often feel helpless, powerless and left alone. Bullying can have a negative impact on work, private life and health.

Bullying can include whispering behind the back, derogatory remarks, constant interrupting, gratuitous criticism, assigning dishonorable work, withholding information, excluding people from meetings, etc. However, bullying does not always occur when a person feels badly treated by others.

For information or advice on workplace bullying please contact:

• the Staff Development Service
• Graduate Academy - International Mobility
• Welcome Point - Service and information for international visiting scientists and scholars
• Anna Schröder and Katrin Glaser at the Staff Representative Council DE de

The following information is intended to draw attention to this often taboo problem and to make it easier for those affected not to remain alone with their experiences. It is also about sensitizing potential witnesses and enabling support for those affected.

Jena University Sports strives to make the sports facilities as free as possible from sexualized harassment.

Overview

Federal Anti-Discrimination Agency:  Online information portal "What is Discrimination?External link"

Wissenschaftliche Integrität - Gute wissenschaftliche Praxis

Deutschen Forschungsgemeinschaft (DFG):  "Code of Conduct: Guidelines for Safeguarding Good Research Practice"External link

Rassistische Zuschreibungen

Charta der Vielfalt e.V. (2023). Online toolbox "Raising anti-racist awareness"External link

Religion und Weltanschauung

European Union Agendy for Fundamental Rights (2013). Discrimination and hate crime against Jews in EU Member States: experiences and perceptions of antisemitism.External link Luxembourg: Publications Office of the European Union. 

Heinrichs, T., & Weinbach, H. (2016). Weltanschauung als Diskriminierungsgrund - Begriffsdimensionen und Diskriminierungsrisiken. Antidiskriminierungsstelle des Bundes. English Factsheet on the research project "Belief as grounds of discrimination. Conceptual dimensions and risks of discrimination.External link

Sexual discrimination, harassment and violence

Center of Excellence Women and Science: Online information portal " Gender-Based And Sexualized Violence In Higher Education - Tools And Resources For Prevention And Intervention"External link

UNISAFE - Results from the largest European survey on gender-based violence in academiaExternal link (2022).

Data on how students at the University of Jena perceive and experience the social climate at the University and on their attitudes towards it were gathered in an online survey conducted in the 2019 summer semester. A special focus was placed on students’ experiences of discrimination. The project was conducted by the Centre for Research on Right-Wing Extremism, Democracy Building and Social Integration (KomRex) at the University of Jena in cooperation with the President’s Office. You can find the project report herepdf, 3 mb · de (in German).

The results of the study indicate how the social climate at the University was perceived in 2019 – before the Covid pandemic and the ensuing restrictions on the everyday life of the University took hold. A fresh survey of students in the context of the doctoral project ‘Discrimination Experiences in the University Context’ External link was conducted in the summer semester of 2023. Its evaluation will determine whether and how students’ perceptions have shifted in the intervening years.

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