Guidelines for Cooperative Behavior

Adopted by the Executive Board of the Heidelberg Academy of Sciences and Humanities on October 18, 2021.

The Heidelberg Academy of Sciences and Humanities (hereinafter abbreviated as HAdW) is an institution where diverse people from many different countries and in various roles come together and work collaboratively. Work and research activities are significantly enriched by the resulting diversity of perspectives. The reputation and impact of the HAdW are therefore also shaped to a large extent by the opportunities and well-being of these many different people.

As the Academy of Sciences of the State of Baden-Württemberg, the HAdW bears a special responsibility and serves as a role model: achievements in work and research can only flourish in an environment of harmonious cooperation. This requires a spirit of partnership among all participants. A culture that values cooperative behavior and fair interaction forms the basis for a positive work and educational environment and is thus an important prerequisite for success and the generation of knowledge. For this reason, the Academy has adopted this guideline, which establishes fundamental principles of conduct intended to guide the actions of its employees and their supervisors.

The HAdW is committed to a spirit of partnership, guarantees equal and respectful cooperation between employees and their supervisors at all levels, and promotes measures to create and maintain a work environment conducive to this. It therefore assumes responsibility, within its sphere of authority, for safeguarding the personal rights and dignity of all its employees and supervisors.

This policy applies to all HAdW employees and their supervisors. It also applies to individuals who are not bound to the HAdW under labor or civil service law and who do not have an employment relationship with the HAdW, but who have a substantive connection to the HAdW. These include, in particular, volunteer research directors, scholarship recipients, external doctoral candidates, and external employees.

The Academy promotes equal opportunity, diversity, and work-life balance. All individuals covered by the scope of this policy place particular emphasis on fostering a positive environment and fair competition in research and in the workplace. All individuals, particularly those in management and leadership positions, are responsible for ensuring that there is no discrimination based on ethnic origin, gender, religion or worldview, disability or illness, age, or sexual identity—particularly the exploitation of dependent relationships in educational and work settings, as well as sexual harassment, bullying, and stalking—are prevented and not tolerated.

The HAdW Executive Board condemns any form of discrimination, degradation, bullying, and stalking. These constitute a violation of employment contract obligations and will be punished accordingly. Persons covered by the scope of this policy undertake to comply with these principles and to work to ensure that such actions do not occur.

This policy supplements existing regulations for the protection of employees, such as the General Equal Treatment Act (AGG). A list of appropriate measures and sanctions can be found in the appendix.

External users of academic institutions must observe the principles of respectful conduct. This must be stipulated in the relevant terms of use.

The HAdW provides its employees with access to comprehensive information on the issues of bullying, discrimination, stalking, and sexual harassment, as well as on prevention strategies and the rights and counseling options available to those affected. Employees are given the opportunity to participate in informational and training events, including leadership seminars for managers.

The Executive Board and the Staff Council appoint an ombudsperson for “Cooperative Relationships” to address issues related to sexual harassment, workplace bullying, stalking, and discrimination. The contact information can be found on the Academy’s website. In cases of inappropriate behavior, the Staff Council is involved in consultation and decision-making processes in accordance with the relevant laws, ordinances, and regulations. Problem cases involving bullying, stalking, discrimination, and sexual harassment that cannot be resolved by the Academy’s responsible bodies (Executive Board, Managing Director, Staff Council, “Partnership and Cooperation” Ombudsperson) are addressed by a “Commission for Partnership-Based Behavior.”

Furthermore, after reviewing the facts of the case, the HAdW offers those affected by sexual harassment, bullying, stalking, and discrimination—as well as their supervisors—various options for improving and resolving their situation. In addition to institutional and administrative channels, procedures, and measures, these include alternative dispute resolution methods such as mediation, which is geared toward a consensual solution that takes into account the needs of the individuals involved and can thus open the way for the parties to interact with one another in a spirit of partnership. The HAdW assists those involved in finding suitable mediation services.

The “Partnership and Cooperation” Ombudsperson is appointed by mutual agreement between the Staff Council and the Executive Board for a four-year term. A person may serve up to three terms.

The “Commission for Partnership-Based Conduct” consists of four members. Two members are appointed by the Staff Council, and two by the Executive Board. The term of office for commission members is four years. Each member may serve a total of two terms.

5.1. Definitions

What is perceived as sexual harassment, bullying, stalking, or discrimination is largely determined by the subjective experience of the person affected. The following lists are therefore by no means exhaustive.

Sexual Harassment

Sexual harassment is any sexually oriented behavior that is unwelcome by the affected individuals or is likely to degrade them as persons, and constitutes a violation of personal boundaries. Such behavior meets the criterion of a subjective violation of boundaries.

Sexual harassment can manifest itself in words, actions, gestures, or other forms of sexualized behavior. Examples include:

• suggestive remarks, comments, or jokes about a person, their body, their behavior, or their private life
• displaying sexist and pornographic imagery, regardless of the form (e.g., calendars/screensavers/posters)
• gestures and nonverbal comments of a sexual nature
• unwanted solicitation and/or coercion to engage in sexual acts
• unwanted physical contact
• sexual discrimination, harassment, and violence, as well as the exploitation of relationships of dependency in the workplace and in training settings.

Bullying

The term “bullying” describes negative communicative actions by one or more persons directed against a single person, which occur repeatedly and systematically. These may include, for example:

• Slander against coworkers or their family members
• Spreading rumors that cannot be proven true about persons covered by the scope of this policy or their families
• intentional withholding of necessary information
• disinformation
• threats and humiliation
• verbal abuse, hurtful treatment, mockery, and aggression
• dignity-violating treatment by supervisors and coworkers, e.g., the assignment of humiliating, unsolvable, meaningless, or no tasks at all
• repeated or coordinated personally offensive statements directed at individuals covered by the scope of this policy, e.g., in the form of slander in public and internal academic forums.

Stalking

“Stalking” refers to the intentional and repeated pursuit and harassment of a person in a manner that threatens their safety and seriously impairs their way of life. Stalking has been a criminal offense since 2007 (Section 238 of the German Criminal Code (StGB), “Stalking”). Stalking takes many forms. Specific examples of stalking include:

• countless phone calls
• harassing text messages, emails, or letters
• Lying in wait and following the victim, or conspicuously staying in the victim’s vicinity
• Ordering goods and placing advertisements in the victim’s name, unwanted gifts, etc.

Discrimination

Discrimination is a violation of the dignity, rights, and freedoms of the individual, which are inviolable under the Basic Law. Examples of discrimination include:

derogatory remarks, comments, or jokes and/or actions based on:

• national and/or social origin
• skin color
• ancestry
• a disability
• gender
• religious and/or ideological orientation
• political views
• sexual orientation
• a medical condition
• age
• the use of documents that hinder the equal treatment of persons covered by the scope of this policy.

5.2. Legal Basis

• Basic Law (GG)
  https://www.gesetze-im-internet.de/gg/BJNR000010949.html
• State Higher Education Act (LHG)
  https://www.landesrecht-bw.de/bsbw/document/jlr-HSchulGBWV32IVZ
• General Equal Treatment Act (AGG)
  https://www.gesetze-im-internet.de/agg/
• Disability Equality Act (BGG)
  https://www.gesetze-im-internet.de/bgg/BJNR146800002.html

5.3. Counseling and Support, Right to File a Complaint

If it is not possible or reasonable for those involved to resolve a problem or settle a conflict directly among themselves, the individuals concerned and their supervisors may contact the responsible authorities. A complaint filed must not result in any disadvantage to the complainant and/or the affected party.

The collection of personal data must be limited to what is necessary and is subject to data protection laws.

Incidents, discussions, and information regarding potential violations will be treated confidentially. Commission members are bound by a duty of confidentiality. Those affected have a say in the course of the proceedings. Complaints and reports regarding bullying, discrimination, stalking, and sexual harassment must be investigated.

5.4. List of Possible Measures in Case of Misconduct

In the event of violations of this policy, appropriate, necessary, and proportionate measures must be taken. The specific measure to be taken in each individual case depends on the nature and severity of the violation, as well as the individual’s relationship to the Academy.

Possible measures (depending on the severity of the violation)

General measures:

• Warning to change behavior (issued by the supervisor(s) or the Managing Director)
• Instructions regarding the manner of personal interaction with one another
• Requirement to participate in training sessions
• Threat of disciplinary action under labor law
• Ban from the premises

Disciplinary actions under labor law:

• Written warning (issued by the Managing Director)
• Demotion
• Transfer
• Termination

Measures against external individuals

• Warning to change behavior
• Threat of termination of an existing contractual relationship
• Termination of an existing contractual relationship
• Ban from the premises