The University of Passau is a place of education and learning, for which the right to freedom of expression is an important pillar: Everyone must be allowed to express their views within the limits set by Article 5(2) of the Basic Law. At the same time, all participants must be able to feel safe. On occasion, disturbances occur before or during classes or events that may jeopardise safety.
Below you will find information and rules to help you react correctly in the event of such disturbances.
Teaching staff (lecturers, instructors, etc.) have a limited right to control access to the venue of their class or event. It is limited in the sense that it is confined to the room/venue and duration of the class/event. Deans and directors/general managers of central facilities and services have the right to control access to their classes/events and premises within their area of responsibility. The person who possesses this right for the class or event should be present in person. If the organiser or organisers do not have the right to control access to the venue and a potential threat has been identified in the run-up to the event, the Head of Administration can be asked to temporarily assign this right to them; however, it cannot be assigned to students, even if they are the organisers of the class/event.
Prepare for potential conflict situations in advance. If a class or event is run by several people, the procedure to be followed in case of an incident should be discussed and rehearsed. Clarify how you can quickly reach each other as the responsible parties. Designate contact persons to whom participants can turn in case of incidents or if they feel threatened. Make sure that there is a clear division of roles.
In case of disruptive behaviour during a class or event, please first try to de-escalate the situation.
Please note that there are varying levels of disturbance which require different responses.
The guarantee of freedom of expression follows from Article 5(1) Basic Law and applies as long as it does not run counter to the limits of Article 5(2) Basic Law.
Free expression of opinion is encouraged in the course of university events and classes.
Heckling means that people try to provoke someone in public by making impertinent or insulting remarks. Controversial statements are generally permitted (freedom of expression, see above) and can be responded to with de-escalating measures. However, should the statements become discriminatory, the person(s) making them are to be reproached and you should distance yourself clearly from these statements. The heckler(s) must be given the chance to explain their statements and to correct them if necessary. Should the situation escalate, it becomes a case of severe disruption (see “Severe disruption”).
Severe disruption is defined as misconduct by participants that significantly interferes with the proceedings of the class or event or makes its continuation impossible. Examples of severe disruption are intense and insistent heckling, throwing objects, making noise for a prolonged time and/or displaying posters with insults or illegal content.
In the event of severe disruption, you should first attempt to de-escalate the situation. If this is unsuccessful, give the person(s) causing the disruption a chance to explain themselves and warn them that they will be reprimanded (and asked to leave) if the disruption continues. If this does not resolve the disruption, you can issue a reprimand. The rules governing the right to control access (“Hausrecht”) must be observed.
Inflicting or attempting to inflict bodily harm – i.e. knowingly and wilfully causing damage to someone’s physical health or attempting to do so – is a criminal offence.
This is extremely detrimental to the course of the class or event and, particularly if it is of a more serious nature, you may immediately order the perpetrator(s) to leave the room or venue. In such cases you do not need give them a chance to explain themselves. The police can be called immediately.
If there has been a severe disruption at your class or event or if you have reprimanded/ordered someone to leave the venue, please notify the Head of Administration, the Threat Management Team, the Event Management Section and the Media Relations Section.
Follow-up intervention should be considered for incidents in which individuals have been discriminated against or harassed. Students can get support through the Psychological Counselling Service. For staff members, the Threat Management Team is responsible.
If you have any further questions, please do not hesitate to contact the Threat Management Team.
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