Guideline 4(interner Link) of the Code of Conduct assigns the head of a research work unit the task to prevent any abuse of power and exploitation of dependent relationships by implementing suitable organisational measures. In the relevant explanations it is specified that the organisation of the research work unit should ensure that “research support and supervisory duties … [are] … performed appropriately”.

In the work environment where academic research is conducted the abuse of power can take various forms. The Code of Conduct does not explicitly mention sexual harassment, but it is certainly one form of abuse of power that also occurs in academia. According to the definition in Section 3(4) of the General Act on  Equal Treatment (Allgemeines Gleichbehandlungsgesetz – AGG) sexual harassment is any unwanted and sexually determined behaviour that violates the dignity of the individual against whom such behaviour is directed.

UniSAFE (Lipinsky et. al., 2022) – the largest survey in the European Research Area – has confirmed that sexual harassment is a structural problem in academia.

According to this survey the following factors contribute to this dilemma:

• the special dependency relationships ((bukof Commission, 2022), (Kocher, Porsche, 2015)) between researchers during their qualification phase and their lecturers’ and supervisors’ based on the monopoly of the latter in terms of expertise, assessment and power,
• the huge status and hierarchy gap between lecturers and researchers in early career phases (bukof Commission, 2022),
• the difference in employment status between the researchers who are engaged based on notorious fixed term contracts and their professors who are employed as civil servants for life (bukof Commission, 2022),
• the fact that the lecturers take on a dual role as supervisors and superiors at the same time (German Rectors’ Conference 2018),
• the researchers’ fear of suffering damage to the career and being banned in social circles (bukof Commission, 2022) and
• the temporary residence status of foreign researchers (bukof Commission, 2022).

Universities and research institutions have a duty of protection and care towards their employees. As employers they are subject to the provisions of the AGG. The law requires them to take measures to ensure employees are protected from unfair treatment. This may also include taking disciplinary action in cases of proven sexual harassment, if sanctions are necessary. For this reason, some special legal provisions regarding protection against sexualised discrimination and violence are enshrined in Higher Education Acts of the Federal States and Equality Acts. Additional regulations can be found in the guidelines, directives and collective agreements applicable to public employees issued by universities and research institutions.

 Preventive measures are particularly important. The most common measures to prevent sexual harassment at universities and research institutions are awareness-raising courses, mandatory trainings for leaders and professional development  in relation to the subject. In addition creating the spatial and structural conditions that are geared towards avoiding any scary or dangerous situations is needed. Such regulations are usually set out in guidelines issued independently by universities and research institutions.

The increasing number of reported cases of sexual harassment means that heads of research units are called upon to  add to existing measures. This was confirmed by the German Rectors’ Conference (HRK) in a press release dated 15 November 2023(externer Link) (in German only), in which it announced its intention to develop proposals for further measures.

Bibliography

Lipinsky, A, Schredl, C., Baumann, H., Humbert, A., Tanwar, J. (2022): Gender-based violence and its consequences in European Academia, Summary results from the UniSAFE survey. Report, November 2022. UniSAFE project no. 101006261. URL: UniSAFE-survey_prevalence-results_2022.pdf (unisafe-gbv.eu)(externer Link)

Members of the bukof Commission on sexualised discrimination and violence (June 2022) in: Grundsatzpapier zu Sexualisierter Diskriminierung und Gewalt an Hochschulen, p. 2, URL: 22-06-Grundsatzpapier-SDG_aktualisiert.pdf (bukof.de)(externer Link)

Kocher, Prof. Dr. Eva / Porsche, Stefanie, in: Sexuelle Belästigung im Hochschulkontext – Schutzlücken und Empfehlungen [Sexual harassment in the university context – gaps in protection and recommendations] (August 2015), p. 11, URL: Sexuelle Belästigung im Hochschulkontext – Schutzlücken und Empfehlungen (antidiskriminierungsstelle.de)(externer Link)

German Rectors’ Conference, (4/2018), p.2 in: URL: Gegen sexualisierte Diskriminierung und sexuelle Belästigung an Hochschulen – German Rector’s Conference (hrk.de)(externer Link), in German only

On this topic see also

Avoidance of the abuse of power(interner Link)

Reports of sexual harassment in connection with the DFG’s funding activities(externer Link)

Article in kifinfo by the Committee for Gender Balance and Diversity in Research (KIF), Norway: Call for measures to combat gender-based violence in academia (kifinfo.no)(externer Link)

Expansion of measures to combat the abuse of power at higher education institutions: Press release – German Rectors’ Conference (hrk.de)(externer Link), in German only

Gender-based and sexualised violence in research: Legal situation in Germany– CEWS (gesis.org)(externer Link)

Resolution adopted by higher education institutions in Baden-Württemberg to combat sexualised discrimination, sexual harassment and violence: Resolution – Draw a Line(externer Link), in German only

Expert assessment by Prof. Dr. Eva Kocher / Stefanie Porsche: Sexuelle Belästigung im Hochschulkontext – Schutzlücken und Empfehlungen (antidiskriminierungsstelle.de)(externer Link)