Disciplinary committee

Under § 62 a Landeshochschulgesetz (LHG) disciplinary measures in the form of disciplinary proceedings may be initiated against students who have committed a breach of regulations. 

The University of Tübingen statutes on disciplinary proceedings  Satzung der Universität Tübingen zum Ordnungsverfahren nach § 62 a LHG sets out the composition of the disciplinary committee and the further proceedings under § 62 a LHG

A student commits a breach of regulations if he or she 

1. through the use of force, incitement to violence, threats of violence, or a serious or repeated violation of a lawful order under the rules in force on University property
   1. impairs, prevents, or attempts to prevent the proper operation of a University institution, the activities of a University body, the holding of a University event, or otherwise impairs academic operations, or
   2. significantly impedes or attempts to prevent a member or affiliate of the University from exercising her/his rights or duties,
2. has been convicted of a criminal offense committed against a University member or affiliate and, depending on the nature of the offense, may interfere with the studies or other activities of the member or affiliate,
3. intentionally violates the dignity of another person within the University through sexual harassment as defined in § 3 (4) of the Act on Equal Treatment (AGG).
    

Statute on disciplinary proceedings under § 62a LHG (in German)

The Senate appoints a disciplinary committee for a period of four years to make decisions on disciplinary measures under to § 62a LHG. 

Voting members of the disciplinary committee are: 

• the Vice-President for Teaching and Learning as chair,
• two professors
• one member of academic or other staff,
• three students, two of whom are undergraduate or Master's degree students and one who is an enrolled doctoral candidate,
• the University’s Gender Equality Representative, and
• a lawyer from the Faculty of Law or the central administration, as required.
   

Statute on disciplinary proceedings under § 62a LHG (in German)

The chair of the disciplinary committee shall take action upon written request (E-Mail to Ordnungsausschussspam prevention@uni-tuebingen.de)

• from University members or University affiliates – injured parties – who are affected by a breach of regulations under § 62a (1) LHG,
• the President 

or ex officio if the disciplinary committee becomes aware in any other way of sufficient factual evidence of a regulations breach as set out in § 62a (1) LHG.

First, the disciplinary committee chair shall review whether there is sufficient factual evidence of a breach of regulations.

If this is not the case, the applicant and the person affected by the allegations shall be informed accordingly. 

If there are indications of an administrative offense, administrative proceedings shall be initiated against the person affected by the allegations. In this case, the disciplinary committee shall investigate the alleged circumstances and determine whether they constitute a breach of regulations under § 62a (1) LHG.

The person against whom the allegations are leveled shall be informed of the allegations and shall be heard during the investigation. This person may make his/her statements in writing or in a personal, minuted interview; the person concerned may be supported and/or accompanied by a trusted person of his/her choice.

After hearing and, if necessary, questioning the parties involved, the disciplinary committee shall decide at its discretion, taking into account the overall outcome of the proceedings and observing the principle of proportionality, whether to impose a disciplinary measure. 

The person against whom the allegations were made shall be informed in writing of the decision.
 

Statute on disciplinary proceedings under § 62a LHG (in German)

University of Tübingen students who have breached regulations under § 62 a LHG may face:

1. the threat of enrollment termination,
2. exclusion from the use of University facilities,
3. exclusion from participation in particular courses for up to one semester.
4. termination of enrollment (additional period of 2 years during which the person who breached regulations may not re-enroll at the University)

The disciplinary committee shall decide on the disciplinary measure.

Statute on disciplinary proceedings under § 62a LHG (in German)

1. The members of the disciplinary committee, experts consulted, and persons set out in § 6 (4) sentence 3 are bound to secrecy regarding all matters and facts. This obligation also includes the confidentiality of consultation documents and continue to apply even after the members of the disciplinary committee have concluded the relevant proceedings or activities.
2. The committee may consult University administration staff and/or external experts and formally task them with establishing the facts.
3. The committee may consult experts and/or rapporteurs on specific matters for discussion and/or agenda items.
4. If a committee member is personally affected by the actions or statements of the person against whom allegations have been made, or has a personal relationship with him or her, that committee member must immediately inform the chair of the committee (deputy rule).
    

Statute on disciplinary proceedings under § 62a LHG (in German)

The University of Tübingen processes personal data for the purpose of and in fulfillment of its legal obligations. Within the scope of these obligations, the following data relating to the students concerned is documented for verification purposes:

• family name, given name
• degree program and (subject-specific) semester
• student ID no.
• the decision to initiate proceedings and the information on which they are based,
• the outcome of the investigation,
• the disciplinary committee’s decision, and
• the disciplinary measure(s) imposed.

Personal data will be stored only for as long as necessary. The data will be deleted no later than three years after the date of termination of the student’s enrollment, provided that no other legitimate interest prevents deletion.

Statute on disciplinary proceedings under § 62a LHG (in German)