Beschwerdestelle

The ASH Berlin Complaints Office accepts complaints from all members of the university in cases of suspected discrimination. Our task is to support the elimination of discrimination at the university.

You can contact us if you have experienced discrimination, for example in the following forms:

ableism (disability and chronic illness)
racism and anti-semitism
discrimination based on age
classism
bullying and stalking related to discrimination
queerophobia, LGBTQIA+ hostility
sexism and sexualized violence
language

Discrimination that manifests itself in structural contexts, e.g. through regulations, procedures or power relations, can also be the subject of a complaints procedure. All ASH Berlin members have the right to submit a complaint if they experience discrimination.

As an official complaints office in accordance with the AGG (General Equal Treatment Act), we process received complaints. We also comply with the LADG (Berlin State Anti-Discrimination Act) and ASH Berlin's anti-discrimination statutes.

Complaints can also be submitted anonymously, in English and in German.

If you are unsure whether you have experienced discrimination, you are welcome to contact us. If you are unsure whether you want to file a complaint, you can also seek advice from anti-discrimination advisors.

Submit a complaint

Who can complain?

All members of ASH Berlin can submit a complaint. This includes all employees, students, scholarship holders, honorary staff, guest and part-time students, continuing education participants and applicants.

In addition, visitors who have experienced discrimination on ASH Berlin premises can submit a complaint if at least one person involved is a member of ASH Berlin. The rooms of ASH Berlin include

ASH campus including all branch offices
digital spaces of the university (e-mail, learning platforms, social media, messenger systems, video conference rooms, digital teaching/learning materials, telecommunications, administrative systems provided by the university)

A complaint can also be submitted in the event of discrimination during a stay abroad. In the event of discriminatory incidents at the practice location, the complaints office works together with the practice department.

How does a complaints procedure work?

The complaint procedure is depiced in a flow chart — Click to enlarge

This diagram shows the procedure in simplified form. A more detailed procedure can be found in the rules of procedure, which will soon be linked here.

1. If you wish to submit a complaint, you can do so using the complaint form form.

2. We will first check whether we are responsible for the complaint and whether a formal complaints procedure can be opened.

At the moment, we are only legally responsible if the person making the complaint is themselves affected by the discrimination.
We also check whether there is a connection to ASH Berlin and whether members of the complaints office are biased.

3. If we are responsible for the procedure, we obtain more information from the parties involved, if necessary, in order to better assess the incident. We do this, for example, through interviews or written statements.

4. We use the information gathered to check whether discrimination has occurred.

5. we recommend suitable measures to the responsible body (usually the presidential board) and review their implementation. Measures are decided on a case-by-case basis and depending on the severity of the incident, and can take the following forms, for example

Mandatory training or regulatory discussions
Warning or initiation of disciplinary proceedings
Dismissal or criminal charges (of course only with the consent of the person making the complaint)

6. At the end, we send an anonymised final report to all parties involved.

At any time, you can inquire about the status of the proceedings or withdraw the complaint.

Can I submit a complaint anonymously?

Complaints can also be submitted anonymously. You can do this, for example, via the digital reporting form or through anti-discrimination advisors, interest groups or individual members of the complaints office.

Please note:

In the case of an anonymous report via the reporting form, we cannot ask any questions or inform you about the status of the procedure.
In the case of an anonymous complaint submitted via advisors or interest groups, contact can be maintained if desired so that feedback can be provided about these individuals.

Anonymous complaints can also be documented or, depending on the case, followed up.

The complaints office introduces itself

The Complaints Office currently has 3 members:

Beatrice Cobbinah (no pronouns) in addition to their work at the complaints office they are the anti-discrimination and diversity officer at ASH Berlin
Weena Mallmann (she/her/no pronouns) is a research assistant in the Campus Transferale project with a focus on diversity-sensitive and anti-discriminatory social work
Lu Backsen (no pronouns) is studying for a Bachelor's degree in social work and is a student member of the complaints office

Elisabeth Keuten (she/her), as the Diversity Coordinator, is also the administrative officer of the Complaints Office.

Our self-image

As a complaints office, we understand discrimination as a structural problem that affects individuals, institutions and society as a whole and must be viewed from an intersectional perspective. We recognize that different forms of discrimination - for example on the basis of gender and sexual identity, (social) origin, disability, age or religion - cannot be viewed in isolation, but can reinforce each other and create new mechanisms of exclusion.

Our perspective is critical of power, solidary and solution-oriented. As a result, our work is based on a power-critical analysis of social inequalities and the recognition of discrimination as a socially anchored power relationship.

We are an active player that not only reacts to existing discrimination, but also contributes to the reduction of discrimination at the university through recommendations, preventative measures, awareness-raising and institutional change processes.

As an anti-discrimination office, we see ourselves as actively shaping a university that is aware of its responsibility to reduce discrimination and accept the complaints of all university members.

With a self-reflective perspective, we aim to uncover and critically question unquestioned assumptions that are shaped by a culture of dominance. We associate 'criticism' with an ethical stance and the ongoing task of resisting established asymmetrical power relations.

What is discrimination?

The Anti-Discrimination Complaints Office is guided by the definition of discrimination in the Anti-Discrimination Statute (ADS).

a) Direct discrimination occurs when a person is treated less favourably than another person is being, has been or would be treated in a comparable situation because of one or more actual or attributed group specific criteria pursuant to Section 1 (2). This includes any form of discrimination, contempt, disparagement, harassment, exclusion, harassing behaviour, whether verbal or non verbal, that violates a person's dignity and/or creates an intimidating or offensive environment, as well as any other unjustified unequal treatment. The specific meshing and interaction of different forms of discrimination and a person's group affiliations can respectively lead to specific experiences of discrimination.

b) Indirect discrimination occurs when apparently neutral provisions, criteria, practices or courses of action are likely to put persons at a particular disadvantage compared to other persons because of one or more of the criteria mentioned under Section 1 (2), unless that provision, criterion, proceeding or course of action is objectively justified by a legitimate aim and the means to achieve that aim are appropriate and necessary.

c) Any instruction to discriminate is discrimination. The failure to take measures and actions to end discrimination is equivalent to an act, provided that there is an obligation to take action. An action can be discriminatory, regardless of its intention.

d) Sexualised discrimination and violence include any unwanted behaviour of a sexual nature, verbal or non--verbal, that has the purpose or effect of violating the dignity of the affected person. This also includes all forms of discriminatory (sexualised) violence.

e) Bullying is repeated hostility, hazing and/or exclusion over a long period of time that is associated with one of the criteria mentioned in Section 1 (2) and has the aim or the consequence that the dignity of the affected person would be violated and/or that they are/would be excluded from their study or work environment.

f) Stalking is the wilful, intentional, and repeated stalking, following, and/or harassing of a specific individual against his or her express will.

Justified unequal treatment: Unequal treatment is justified if it results from a legitimate aim and for sufficient objective reason. Unequal treatment is also justified if it is intended to contribute to equality and the empowerment of structurally disadvantaged groups of people (positive measures).

Legal basis

We are the official and mandatory complaints office in accordance with the AGG (General Equal Treatment Act) and are bound by various laws, such as the LADG (State Anti-Discrimination Act), the BerlHG (Berlin Higher Education Act) and the anti-discrimination statutes of ASH Berlin.

Since 2006, the AGG has regulated the claims and legal consequences of discrimination in working life and in civil law for services and "mass transactions". It obliges universities as workplaces to set up a complaints office for cases of discrimination. It aims to prevent discrimination on the grounds of ethnic origin, gender, religion or belief, disability, age or sexual identity. If you wish to claim compensation or damages under the AGG, the incident must be reported to the complaints office within two months.

In addition, Berlin has had the LADG (State Anti-Discrimination Act) since 2020, which regulates legal claims in the event of discrimination in public bodies in the state (including public universities). Discrimination characteristics such as social status and chronic illness are also included.

In short, the work of the complaints office relates to the AGG when it comes to discrimination in the workplace (including job application phases) and to the LADG when discrimination is experienced by students.

Links to the laws:

Anti-discrimination statutes of ASH Berlin
General Equal Treatment Act (AGG)
Berlin Higher Education Act (BerlHG)
State Anti-Discrimination Act (LADG)
State Equal Opportunities Act (LGG)
Rules of procedure of the Anti-Discrimination Complaints Office (to follow shortly)

FAQ

What is a formal complaint?

A formal complaint is usually made when you complete a complaint using the form at the top of the website and indicate that you wish to make a complaint. A complaint procedure is opened if the complaints office suspects discrimination and there is jurisdiction under the anti-discrimination statutes.

During the complaints procedure, open questions are clarified, contact is made with the person making the complaint, the person against whom the complaint is directed is addressed and, if necessary, witnesses are interviewed. If the suspicion of discrimination is confirmed, the complaints office will recommend measures.

If you suspect discrimination, you can also simply report it using the form without initiating a formal complaints procedure.

If you are unsure whether it is discrimination, you are welcome to ask us or seek advice from anti-discrimination advisors. You can also withdraw or suspend a complaint at any time.

What is the difference between advice and complaints?

Counseling and complaints have different goals. Advice from anti-discrimination advisors provides support in discriminatory situations and focuses on the perspectives of the person concerned. It is confidential and low-threshold and can be anonymous if required. In addition, anti-discrimination advisors can support people in taking further steps.

Complaints, on the other hand, are formal steps that document discrimination and, if necessary, enable consequences. The members of a complaints office act impartially, investigate the facts and recommend suitable measures and sanctions if necessary. Complaints can also be submitted and processed anonymously. Nevertheless, in order to process a complaint, the person against whom the complaint is directed must be heard. It is therefore challenging in some situations to maintain anonymity.

When and where can I make a complaint?

You can submit a complaint at any time. However, if you wish to claim compensation under the AGG, a time limit of two months applies.

You can submit complaints using the complaint form or by email to beschwerdestelle-antidiskriminierung@ash-berlin.eu

Please state the following (if possible):

When and where did the incident happen? What happened?
Are you yourself affected by the (alleged) discrimination?
Were there (other) witnesses?

What happens if I submit a formal complaint?

After receiving the complaint, the complaints office usually meets to check whether it is responsible for the complaint. If it does have jurisdiction, the complaints procedure is officially opened. We will then notify you by email that we have received the complaint and clarify any queries. If necessary and desired, we will arrange a meeting with you.

We will then investigate the complaint further and clarify the facts. We will also contact and question any witnesses and the person against whom the complaint is directed.

Finally, depending on the outcome of the investigation, we will recommend measures and check whether these are implemented.

Is it possible to make an anonymous complaint?

Yes, you can also submit a complaint anonymously. However, in some situations it is difficult to maintain anonymity. However, we will discuss this with you on a case-by-case basis and see how we can protect your anonymity.

Will my complaint be treated confidentially?

Yes, all members of the Complaints Office are subject to a duty of confidentiality and will not pass on any information without your consent. Data protection is also guaranteed. All information will be deleted after a maximum of two months after the end of the procedure (if no discrimination is found) or after three years starting from the end of the year (in the case of confirmed cases of discrimination).

What measures may the complaints office order?

As a complaints office, we can only recommend suitable measures and sanctions. However, the university is obliged to implement these in the event of a justified complaint.

There is no fixed catalog of measures; rather, decisions are made on a case-by-case basis. Measures depend on the severity of the discriminatory incident and range from a regulating discussion, mandatory further education and training, to dismissal or, in serious cases, criminal charges (of course only with the consent of the person making the complaint).

Section 25 of ASH Berlin's anti-discrimination statutes can serve as a guide.

Are the measures based on the wishes of the complainant?

Yes, the complainant has the opportunity to express their wish for a specific measure. However, we cannot guarantee that the desired measure can be implemented. Nevertheless, it is always possible not to agree to measures or to withdraw the complaint.

Contact

beschwerdestelle-antidiskriminierung@ avoid-unrequested-mailsash-berlin.eu

Members: Beatrice Cobbinah, Weena Mallmann & Lu Backsen

Office: Elisabeth Keuten