AGG Counselling and Complaints Office (AGG Office)

The AGG office offers counselling in cases of discrimination, harassment and experiences of violence in the university context. It can also conduct a formal procedure (complaints procedure). The choice of procedure is always made by the person concerned.

According to the General Equal Treatment Act (AGG), the President of the HSNR is the AGG Complaints Office of The Hochschule Niederrhein (HSNR). He has delegated his powers to the members of the AGG Counselling and Complaints Office (AGG Office). The following persons are currently members of the AGG office:

• Kerstin Anklam, LL.M. (fully qualified lawyer, Department II - Legal Department KR)
• Anna Stenzel-Mahvash, Ass jur. (fully qualified lawyer, Dept. IV- Academic and Legal Affairs KR)
• David Barbatello-Pape (Deputy Head of Library, MG)

Anyone who has experienced or is experiencing discrimination, harassment or violence in connection with the HSNR can contact the AGG office.

These are

• Members of the HSNR within the meaning of § 9 para. 1 HG,
• Relatives within the meaning of § 9 para. 4 HG,
• Interns and trainees,
• scholarship students,
• Persons working at the HSNR on the basis of a contract under private law,
• Persons present on the HSNR premises,
• Visitors to a university event,
• Persons attending an event in a function for the HSNR,
• Users of a digital service for which the HSNR is responsible

Anyone who feels disadvantaged or harassed or has experienced violence can turn to the members of the AGG office. The experience must be related to the HSNR. This may be the case, for example, if it took place on HSNR premises, if a person worked in another location in a function for HSNR or if the experience was made in digital media for which HSNR is responsible. Negative experiences when using services for which the HSNR is not responsible or for which it is not responsible, such as private WhatsApp groups or social media services, are excluded.

If the experience could constitute a criminal offence, the AGG office must refer the person to the police, as it is not responsible for criminal offences, but these have priority. If necessary, formal proceedings at the AGG office can follow a criminal investigation.

There are two types of discrimination:

• Direct discrimination: less favourable treatment compared to another person in a comparable situation.
• Indirect discrimination: seemingly neutral regulations, criteria or procedures lead to discrimination against certain persons or groups of persons on the basis of one of the characteristics protected by the AGG or the AGG Directive in a particular way

Discrimination can also result from conditions or circumstances in buildings.

The following grounds for discrimination are relevant under the AGG and the HSNR AGG Directive based on it:

• on racial grounds
• because of ethnic origin,
• because of social origin,
• because of gender,
• on grounds of religion, belief or political opinion,
• because of a disability,
• because of age,
• on the grounds of lifestyle or sexual identity or orientation.

This also applies if a person who is discriminated against merely assumes that one of the aforementioned grounds exists.

Harassment can occur when

• unwanted behaviour in connection with one of the protected characteristics has the purpose/effect of violating the dignity of the person concerned and a hostile environment is created,
• it is not just a one-off incident, but the behaviour is of a certain duration,
• no intent is required.

Sexual harassment occurs when

• it is unwanted sexually explicit behaviour that violates the dignity of the person concerned.
• One-off behaviour is sufficient here.

Persons who have been instructed or requested to engage in such discrimination or harassment by a third party can also contact the AGG office. An instruction relationship (e.g. a dependency relationship under labour law) must exist here. It does not depend on fault or whether the instruction was actually carried out.

Violence is generally understood to mean physically perceived coercion. The extent to which the coercion comes from the perpetrator themselves or other persons who react to the activities of the perpetrator must be assessed on a case-by-case basis.

If a criminal offence (such as bodily harm) is suspected, the police must be involved first.

The first contact can be made - also anonymously - via

• the functional e-mail address agg-stelle(at)hs-niederrhein.de
• the contact form on the website of the AGG Counselling and Complaints Office

HSNR takes discrimination, harassment and/or violence very seriously and does not tolerate them. It is therefore important to the HSNR that people who have experienced such stressful situations have a variety of options for receiving support and counselling.

The following other HSNR counselling centres are available as points of contact:

• the Occupational Safety and Fire Protection Officer,
• the representative for students with disabilities or chronic illnesses,
• the company doctor,
• the Office for Equal Opportunities (now part of the Sustainability and Diversity Support Office),
• the Equal Opportunities Officer in the faculties or the Central Equal Opportunities Officer and the Equal Opportunities Commission,
• the International Office,
• the youth and trainee representatives,
• the Staff Councils (Staff Council for Academic and Artistic Employees, Staff Council for Technology and Administration),
• the Psychosocial Counselling Centre,
• the Student Degree Programme Counselling of the faculties,
• the counsellor for the severely disabled
• the Central Student Advice Centre.
   

The

• University management (President, Chancellor, Vice Presidents),
• the deans,
• deans, heads of department and
• other managers and other supervisors with a duty of care (e.g. training managers)

are available for initial counselling in these cases.

The AStA also offers counselling and support services.

The initial counselling serves to offer initial support to the persons concerned. Counselling on specific facts of the AGG is provided by the AGG office if required.

Initial contact with the AGG centre can be made by telephone, email/written form or in a meeting on site. Counselling is of course confidential. The AGG office will document the counselling, anonymously if necessary.

• The initial aim is to record the facts of the case as precisely as possible and then to discuss further options for action and their consequences. These options may be limited to counselling, but the formal complaints procedure may also be initiated, which may be followed by sanctions - criminal charges may be brought if necessary.
• Depending on the facts of the case, the AGG office will also take action, possibly without further involvement of the person(s) concerned, if the situation requires it, for example to clarify grievances, remedy unacceptable conditions or similar. If the person concerned so wishes, his/her surname will not be mentioned.

The initiation of a formal complaints procedure should take place in person if possible and involves the following steps:

• The facts of the case should be presented verbally or in writing to the AGG office, stating the events or condition and any witnesses or further evidence. If the facts of the case are presented orally, one of the participating members of the AGG office will prepare a transcript, which will be presented to the person concerned for review and signature at the end of the meeting.
• As a rule, two members of the AGG body will attend the meeting, whereby the members will endeavour to comply with any personal wishes of the person concerned. The person concerned is free to bring along a person of trust for support.
• If the facts of the case are presented verbally, a member of the AGG body will draw up a transcript, which will be signed by the person concerned. The person concerned receives a copy of the signed minutes.
• The members of the AGG office inform the person concerned of their rights, obligations and the further procedure and, if necessary, refer them to further support measures at the HSNR and to external bodies.
• If necessary, the AGG office will involve responsible persons and information from the respective organisational units and procedures, provided that these are related to the facts of the case.
• If the person concerned accuses another person of personal misconduct, the AGG office will ask the accused person to submit a written or recorded statement to the AGG office within a specified period of time. The accused person will be informed by the AGG office that they are not obliged to make a statement. If one of the members of the AGG office has prepared a transcript, this will be presented to the accused person at the end of the meeting for review and signature.
• The AGG body may question witnesses and take evidence. The witnesses are instructed by the AGG office that they are not obliged to testify if they would incriminate themselves in the process.
• If the accused person does not comment on the facts of the case, the AGG office will base its assessment of the facts of the case on the file.
• The AGG office informs the President via the Registrar of the facts of the case and proposes further action.
• The President, in consultation with the Chancellor, decides on further measures on the basis of the AGG office's proposal and informs the respective departments responsible for implementation and the AGG office.
• The AGG office informs the parties directly involved in the procedure of the outcome of the formal complaints procedure. In doing so, it observes the relevant data protection regulations.

Persons who experience discrimination, harassment and/or violence in connection with the HSNR can contact the AGG office at any time. There are no deadlines to be observed.

Note: The situation is different if an employee wishes to assert claims for damages or compensation under the AGG. In this case, the deadline pursuant to Section 15 (4) AGG (two months) must be observed. Further deadlines (§§ 4, 7 KSchG) may also have to be observed.

Initially, counselling has no concrete consequences for the parties involved.

If the initiation of formal proceedings is desired or required, it must be possible to prove the allegations made as part of these proceedings. The resulting measures depend on the status of the accused. Depending on whether the accused is a student, an employee (staff member or civil servant) or other persons, the measures may consist of a formal interview, a warning, reprimand, dismissal, disciplinary proceedings or other disciplinary measures, transfer to another position, revocation of teaching assignments, exclusion from the use of HSNR facilities, a ban from the premises or criminal charges.

The decision on possible measures is made by the President, who will involve the relevant boards and committees or offices of the HSNR. Measures taken at the end of a procedure may be subject to judicial review

Disciplinary proceedings may be initiated against students in accordance with the relevant disciplinary regulations and disciplinary measures may be imposed. A disciplinary committee decides on this.