Weisungen der Dekaninnen und Dekane zum Schutz vor Belästigungen und Übergriffen in der Lehre

Occasionally and sadly, sexual harassment or assault by faculty occurs in the context of academic teaching. Up to now, universities have found it difficult to react appropriately to this. This is also due to the unclear legal situation. The higher education laws of the German states give deans the power to intervene and ensure proper teaching. The article shows that these provisions also authorize them to take measures to protect students against sexual harassment. Whether the laws also authorize prohibiting high-risk teaching sessions or framing them as video sessions is controversial. An (first instance) administrative court decision, which is discussed here in detail, answered in the negative. The authors take a different view and argue that the authorizations in higher education laws should be interpreted in light of the constitutional responsibility to protect.