Non official reading version 09.11.2020
Guidelines on General Equality at the Hochschule für Bildende Künste–Städelschule
on the basis of the German General Equality Act (AGG) of 14 August, 2006 (Federal Law Gazette I p. 1897), last amended by Article 8 of the Act of 3. April 2013 (Federal Law Gazette I p. 610). (Version dated 08.05.2017)
Dealing with diversity is among the major challenges in today’s society. It is of fundamental importance that diversity be perceived as potential and not presented as a manifestation of differences.
The aim of the anti-discrimination work at the Städelschule should be to create a climate in which discrimination experienced can be openly addressed; it is to be taken seriously and it should be ensured that adequate measures are in place to achieve a remedy.
§ 1 Aim and scope of the guidelines
The aim of the guidelines is to prevent or eliminate disadvantages arising from skin colour, ethnic origin, gender, private or personal contacts and affiliation, religion or ideology, disability, age or sexual identity within the meaning of the German General Equality Act (AGG).
§ 2 Area of application
Discrimination on one of the grounds listed in Item 1 is impermissible with regard to:
1) General conditions including selection criteria and conditions of employment, regardless of the area of work or professional position, and to promotion,
2) Employment and study conditions including renumeration and admission conditions for students,
3) Access to all forms and all levels of study
4) Membership of and involvement in a staff or employer organisation or a students’ union.
§ 3 Definition of terms
(1) Direct discrimination applies when, on grounds listed in Item 1, an individual receives, has received or would receive less favourable treatment than another person in a comparable situation. Direct discrimination on the grounds of gender also applies with regard to Item 2, Points 1 – 4 in the event of less favourable treatment of a woman due to pregnancy or motherhood.
(2) Indirect discrimination applies when apparently neutral rules, criteria or procedures could particularly place an individual at a disadvantage vis-a-vis other persons on one of the grounds listed in Item 1, unless the respective rules, criteria or procedures are objectively justified by a legitimate aim and the means used are reasonable for achieving this aim.
(3) Discrimination is penalisation when undesired conduct on one of the grounds listed in Item 1 ensues with the intention or effect of violating the honour of the respective person and a climate is created which is marked by intimidation, hostility, humiliation, debasement or verbal abuse.
(4) Sexual discrimination/molestation is discrimination as relates to Item 2, Points 1 to 4, when undesired, sexually-assertive conduct ensues, also including undesired sexual actions and demands to engage in same, sexually-assertive physical contact, remarks with sexual content and undesired showing and exhibiting of pornographic images, with the intention or effect of violating the honour of the person concerned, in particular when a climate is created which is marked by intimidation, hostility, humiliation, debasement or verbal abuse.
(5) The issuing of instructions or demands on one of the grounds listed in Item 1 shall be considered discrimination. An instruction of this kind applies with regard to Item 2, Points 1 to 4 when a person is instructed to act in a manner which disadvantages or could disadvantage an employee on one of the grounds listed in Item 1.
(6) Conduct which could be perceived by the person concerned as bullying or stalking can represent molestation or sexual harassment within the meaning of Item 1.
§ 4 Prohibition of discrimination
(1) Persons within the meaning of may not be disadvantaged on grounds listed in Item 1; this shall also apply when the person behaving in a discriminatory fashion only assumes the existence of one of the grounds listed in Item 1 for the discrimination.
(2) Any provisions in agreements which are in breach of the prohibition of discrimination of Point 1 are invalid.
(3) Discrimination as described in Point 1 on the part of an employer or employee constitutes an infringement of contractual obligations.
§ 5 Prevention
Städelschule takes measures to prevent discrimination on any of the grounds listed in Item 1.
These measures include, in particular:
- The announcement of these guidelines by the Academy management to all members and affiliated members of the Academy and publication on the website of the Academy
- The consideration of discrimination risks in the curriculum, in the development of courses and in the framework conditions of the courses.
§ 6 Guidance centres
The Academy maintains guidance centres for members and affiliated members of the Academy. An advisory service is offered by the following:
- The representative body for disabled employees
- The equality officer
- The students' secretariat
(1) In order to safeguard their anonymity, the person concerned can bring in a trusted third party to avail of the advisory services on their behalf.
(2) The task of the guidance centre is to provide individuals subject to discrimination with an opportunity for discussion and to inform them of the possible supports and of their rights. The counsellors are bound to secrecy.
(3) It is to be ensured that, on the part of the Academy, the person concerned and the trusted third part do not experience personal or professional detriment. All steps will be undertaken with the agreement of the person concerned.
§ 7 Right of complaint
Persons within the meaning of who feel disadvantaged on one of the grounds listed in Item 3 have the right to lodge a complaint. They may not be disadvantaged for availing of this right of complaint.
§ 8 Complaints office
The responsible complaints office for the General Equality Act at the Städelschule:
- Rector (Rektorin or Rektor)
- Chancellor (Kanzlerin or Kanzler)
§ 9 Complaints process
(1) Persons pursuant to Item 4 have the right to lodge a complaint with the complaints office and thus instigate the formal complaints process. The complaint is to be submitted in writing. If the complainant is unable to do so, this complaint is to be declared verbally to the complaints office for preparation of a written record. In the event of a verbal declaration by the person lodging the complaint, the complaints officer shall make a written note of the complaint and prepare a written record of the content of the meeting. At the end of the meeting, the record shall be provided to the complaining party for inspection and subsequent furnishing of a signature.
(2) The complaint should describe the events perceived as penalising and discriminatory. Witnesses – where they exist – are to be named, and any substantiating evidence presented. The complaint should also stipulate any other persons who have already been informed of the incidents and whether measures have been taken.
(3) Following submission of the complaint, the complainant will be informed of their rights and duties and of the further proceedings by the complaints office. The complainant’s attention will also be drawn to support services provided by special interest groups and advisory offices.
(4) The complaints office shall investigate the facts of the matter.
(5) In particular, the complaints office can approach the person against whom the complaint is directed, requesting that they respond to the complaint in writing. Based on this, the complaints office shall promptly - within a maximum period of one month - hold a personal meeting with the individual against whom the complaint is directed. At the request of same, a further trusted person can attend the meeting.
(6) The complaints office can involve responsible parties from the respective relevant departments. This shall apply in particular when immediate measures to eliminate discrimination are necessary.
(7) The complaints office shall notify the Rector of the results of the investigation and make a proposal as to how the matter should proceed.
(8) The complaints office shall record all hearings and the facts determined and inform both parties of the result of the meetings and investigation.
(9) The Rector shall decide on further measures and any consequences pursuant to Item 10 of these guidelines.
§ 10 Measures and sanctions
(1) In the case of discrimination as described in Item 3, the measures suitable, necessary and reasonable in the individual case are to be taken to protect the person concerned.
(2) The following measures are to be considered:
- Official meeting,
- Verbal or written reprimand,
- Written warning,
- Transfer to an alternative workplace within the Academy,
- Statutory or immediate termination of the employment contract,
- Instigation of disciplinary proceedings,
- Withdrawal of a teaching contract,
- Exclusion from a course,
- Exclusion from the use of Academy facilities,
- Removal from the register of students,
- Banning from the premises,
- Criminal charges instigated by the Academy
- Removal from the register of students pursuant to Section 59, Item 3 HHG
(3) Should the complaint prove unjustified, the person against whom the complaint was made shall be entitled to appropriate rehabilitation.
(4) Regardless of the measures already taken, an examination must be conducted in the individual case to determine the temporary measures to be taken to protect the person concerned and prevent the continued or repeated unequal treatment, discrimination or assault. It must also be ensured – within the sphere of influence of the Academy – that the person concerned, or the party trusted by him, does not suffer personal or professional detriment. All steps shall be taken following consultation with the party concerned.
§ 11 Coming into effect
These guidelines come into effect on November 9th, 2020