Sexualized harassment, violence and discrimination are unacceptable. They represent an undesirable violation of the rights of the person concerned and, depending on their severity, are also subject to criminal law sanctions. The JGU Senate adopted a guideline for protection against sexual harassment. The guideline applies to all members of the university community – including employees and students.
The Equality and Diversity Office (formerly the Women’s Office) has focused on the topics of sexualized harassment and violence since 1991. In recent years, various information events and campaigns were held and campus assessment inspections focusing on safety aspects have taken place at regular intervals.
The General Equal Treatment Act, which came into force on August 18, 2006, defines sexual harassment as follows:
The AGG includes a prohibition on discrimination and views any violation of this ban as a violation of contractual obligations.
In addition to defining the term, the Act regulates employee rights such as the right of appeal, the right to refuse performance, and compensation and damages.
Employer duties include measures to protect against discrimination, as well as preventative measures.
The Equality and Diversity Office serves as your first point of contact and provides initial support.
If you are someone who is responsible for subordinate persons and you observe sexualized harassment or violence, you are obliged to do something about it – at the latest, when a direct complaint is made to you. This is prescribed by the General Equal Treatment Act (AGG) and JGU’s Guidelines on Protection Against Sexual Harassment and Sexualized Violence. The latter also explicitly includes members of the university who are not (yet) covered by the AGG, such as students.
Dealing with sexualized harassment or violence in the workspace requires a high level of professionalism. In addition to recognizing and correctly classifying such incidents, your advisory skills, your conflict resolution skills, and your knowledge of the topic are needed. At the same time, persons in leadership positions may have little experience and routine in dealing with such situations. The following information is intended to support you and give you some initial ideas. We will be happy to answer any questions you may have.
Present a clear position
- Make sure your team understands what constitutes as sexual harassment. You can find examples in the guidelines from the Federal Anti-Discrimination Agency.
- Make it clear that sexual harassment is unacceptable within your team and highlight the possible consequences as stipulated by the employment and labor laws.
- Explicitly reject the trivialization of sexual harassment as jokes or misunderstandings.
Breaking the silence
- Address the issue openly in your team and, if possible, unrelated to a specific incident.
- Communicate clearly that you are available as a contact person for affected persons.
- If possible, name others who can serve as primary contacts (of different genders).
Team culture and the work environment
- Get an overview of possible risk factors, e.g., infrastructure, working hours, location, culture.
- Take preventative measures against rivalries and the abuse of power within your team.
- Promote respectful cooperation.
Gather information
- Intervene if you observe sexualized harassment yourself.
- Take information from affected persons or third persons seriously.
- Keep a record of information from third persons or affected persons.
- Keep information confidential, be discrete, and ask others to do the same.
Gather expertise
- Contact persons you can go to for advice are listed in JGU’s Guidelines for Protection against Sexual Harassment and Sexualized Violence (PDF).
Exercise your duty of care
- Offer your support to the affected person and inform them of existing support services.
- Allow the affected person to have the prerogative for interpreting the situation.
- Take action in close collaboration with the affected person.
- Take precautionary and protective measures, while also protecting the accused person from rash condemnation.
- Be transparent toward the affected person regarding your own questions, note-taking, documentation, and further actions.
- In case incidents punishable by law have occurred, you should inform the affected person that they have the option to press charges.
- Make sure the affected person is aware of internal and external counseling options.
Support the affected person
- A complaint must be documented and assessed, and the results must be communicated to the affected person. You can find instructions on how to proceed via the Federal Anti-Discrimination Agency’s guidelines (in German).
- Document the complaint procedure.
- As a supervisor, you are obligated to put a stop to the harassment.
- The affected person may not face any disadvantages as a result of the complaint.
- Avoid a confrontation between the affected and accused persons.
Listen to the accused person’s point of view and, if necessary, take disciplinary action
- Conduct a meeting with the accused person, in which you lay out the allegations against them and ask them to comment on the situation.
- In the event that the person accused of sexualized harassment admits to the allegations, you may initiate appropriate, necessary, and proportionate measures and sanctions by involving the competent authorities. Depending on the individual case, these measures may be a warning, a notice of termination, or disciplinary action. You should seek the advice of the Human Resources department in this regard.
- Examine the credibility of the statement if the person accused of sexualized harassment denies the allegations.
- Inform the affected person that the meeting has taken place.
- Dealing with sexualized harassment always depends on the specific individual case, taking into account all the overall circumstances. We therefore cannot recommend a uniform approach.
Our counseling services are also available in English. Would you like to speak with us in another language? Please get in touch.
Unser Beratungsangebot ist auch in deutscher Sprache verfügbar. Haben Sie weitere Sprachbedarfe? Bitte sprechen Sie uns an.