The compensation of disadvantages during pregnancy, after childbirth and when breastfeeding is central to a study program based on equal opportunities. In individual cases, the study or examination conditions are modified. However, only the framework conditions are changed and not the content of the examination or the course of study. The required performance always remains the same for all students!
Basic knowledge of disadvantage compensation including requirements, procedure and potential measures.
Individual consultation
Here you will find an overview of contact points that offer individual consultation.
Hazard assessment
The Department for Environmental Protection and Occupational Safety (intranet link) supports facilities and members of the university in the implementation of occupational safety, health and environmental protection.
Compensation for disadvantages is the most important instrument for equal opportunities in studies:
- provide information on your website,
- show the explanatory video in introductory events (only available in german language),
- offer the handout and forms (see sidebar) for download,
- point out counseling opportunities.
Recommendations on the administrative procedure
Tips and recommendations for designing the process for legal certainty and transparency.
The compensation for disadvantages procedure is a general administrative procedure in accordance with Section 9 ff. of the German Administrative Procedures Act (VwVfG). The corresponding standards and procedure principles of the VwVfG therefore apply. In accordance with the principle of investigation (Untersuchungsgrundsatz, Section 24 VwVfG) and within the framework of the gathering of evidence (Beweisherhebung, Section 26 VwVfG), the Examination Committee can make its decision based on broad discretion with regard to the type and scope of the “determination of facts”. The Examination Committee can also, for example, consult the examiner, among others, in an advisory capacity.
The applicant should be notified of the decision made by the Examination Committee in writing one week before the examination or start of the assessment period at the latest and be informed about the type and scope of the compensation and the further procedure.
If the application is (partly) rejected, the Examination Committee must inform the applicant of the grounds for the (partial) rejection. Advice on legal remedies must also be included in this case. Granted compensation for disadvantages is not allowed to be listed on degree certificates, diploma supplements or other comparable documents.
Written notification
The applicant should be informed of the decision made by the Examination Committee as soon as possible and one week before the examination or start of the assessment period at the latest. In the written notification that compensation for disadvantages has been granted, the applicant should be informed about the relevant responsibilities and implementation process. It is important to bear in mind that the adjustment of the examination conditions in an individual case may be complex and therefore a sufficient amount of time for the organisation in the run-up to the examination must be allowed. The applicant should also be given time to calmly process the decision and consider whether they want to file an objection in the case of (partial) rejection.
Notification of the decision must always be made in writing. In the case of compensation for disadvantages that is fully or only partially granted, the applicant should be informed about the type and scope of compensation for disadvantages and the further procedure (cf. practical implementation). The Examination Committee must inform the examiner in particular about granted compensation for disadvantages so that the implementation is ensured. For data protection reasons, the disclosure of the grounds for granting compensation for disadvantages is not, however, permitted. Granted compensation for disadvantages is not allowed to be listed on degree certificates, diploma supplements or other comparable documents!
(partial) rejection
If the application is fully or partly rejected, the Examination Committee must inform the applicant of the grounds for the full or partial rejection. In accordance with Section 39 paragraph 1 VwVfG, “the chief material or legal grounds that led the authority to make its decision must be disclosed. The grounds given in connection with discretionary decisions should also contain the points of view which the authority considered while exercising its powers of discretion”. The grounds for the decision must be stated for the protection and legal clarity of all parties involved. From the perspective of the applicant, the grounds stated provide a basis for a possible objection. In the case of a decision to partially or fully reject the application, it is therefore essential that advice on legal remedies (Rechtsbehelfsbelehrung) is included.
- Example: advice on legal remedies (Rechtsbehelfsbelehung)
"Gegen diese Entscheidung können Sie innerhalb eines Monats nach ihrer Bekanntgabe bei der Universität Leipzig, xy-Fakultät, Prüfungsausschuss, Adresse xy schriftlich oder mündlich zur Niederschrift des Prüfungsausschusses Widerspruch erheben."
English: "You can object to this decision within one month after being informed of the decision by notifying Leipzig University, Faculty of xy, Examination Committee, address xy in writing or as an oral statement to be recorded for the Examination Committee."
Objection
The decision on compensation for disadvantages is an administrative act, the implementation of which can be reviewed with recourse to the administrative court. The respective examination regulations contain information on the requirements for possible opposition proceedings. If compensation for disadvantages has already
Obligation to report problems immediately
If compensation for disadvantages has already been granted and is not correctly implemented during the examination, the examination candidate has an obligation to report problems immediately. If, for example, a time extension or granted pauses are not provided in accordance with the application during the examination, this must be reported to the examination supervisor or examiner immediately. Problems cannot be reported after the examination.
The implementation of compensation for disadvantages often involves different areas of responsibility and stakeholders (for example examiners, those responsible for the allocation of rooms and the study office) and requires (organisational) resources. The expenses and efforts connected to these resources should not be passed on to the student. The organisation of examination conditions, including those within the context of compensation for disadvantages, is a fundamental responsibility of the University. The Examination Committee should therefore inform the individuals and bodies responsible for the implementation of the measures, especially the examiner, about the necessary modifications and ensure that they are made. For organisational processes (individual appointment, alternative room, etc.) a clarifying discussion with the person responsible for holding the examination (and the applicant) is possible where applicable.
In such discussions, only the ‘how’ of the granted compensation for disadvantages and not the grounds for the decision to grant compensation for disadvantages (a possible clinical picture, symptoms, etc.) is allowed to be communicated on the grounds of data protection. Where possible, the anonymity of the person entitled to compensation for disadvantages should be preserved in full. The decision made by the Examination Committee is binding for the examiner.
- Note
The applicant is generally responsible for procuring any aids or resources. The costs of a writing aid with no prior subject-specific knowledge or an assistant for practical examinations or internships are regularly covered by the regional social welfare (Sozialhilfe) institution or the integration funding and assistance institutions. A pool for hiring aids and resources for the implementation of compensation for disadvantages (for example laptops with speech output) has also been established at the University and an accessible workstation for examinations has been created (cf. Appendix 3).
Decision-makers are bound to the principle of secrecy (Section 30 VwVfG) and have a duty of confidentiality in dealings with third parties unless they have been released from these obligations by means of a written document signed by the applicant. This duty also applies to dealings with the examiner and other organisational bodies, which must be notified of the decision and, where applicable, the necessary modifications but do not have to receive information on the grounds for the decision. The members of the Examination Committee should be informed about their obligation of secrecy.
Only data that are necessary for the procedure are allowed to be collected. The applicant can redact details that are not required on documents and forms where applicable. The decision made by the Examination Committee should only be documented in the written record and in the student file of the student.
