30 November 2009

Statement by the University Management on the Occupation of University Buildings

Dear students,

A lively culture of critical discourse has always been a part of our University. We are delighted that our students are interested in contributing to University life. We are also interested in discussing with you issues which we as the University Management can influence and change. These include, for example, improving study conditions and the reforms inspired by the Bologna Process. We are already active in these areas but would like to hear further constructive suggestions. We are also actively addressing questions related to studying and teaching in academic councils, which include committed and active students.

Topics such as abolishing tuition fees or academic conditions set up by the Hamburg Higher Education Law are not among those issues upon which the University Management can decide. As regards the evaluation of the Higher Education Law, all members of the University are called upon to make recommendations. This has already been pursued in various University councils. The University of Hamburg is, however, fundamentally obligated to act within the existing legal framework.

For over two weeks, some of you have occupied the Audimax of our University. We view this as a demonstration of your committment and we have thus tolerated the occupation. At the same time, however, we have noticed that a majority of the student body has not been involved in this occupation. Many of them have since complained, and rightly so, that they are being hindered from pursuing their studies.

One of the University's core responsibilities is to ensure that all students can pursue their studies. Another core responsibility is to ensure safety standards in all buildings (for example, escape exits). In occupied buildings, these standards can only be met in a limited fashion. Therefore, the University Management will have to continue to think about alternative student protest activities.

We would like to call your attention to the fact that occupying students face personal legal risks: any student who continues to occupy University buildings can be charged with trespassing, which can lead to a fine or prison in accordance with section 123 of the Criminal Code. Furthermore, occupation can lead to damage to the building and furniture. In doubt, comprehensive liability issues may arise which, following legal scrutiny of the exact circumstances, can lead to individual students being made liable for damage. Civil liability laws include all damage which can be causally linked to the occupation. Damage arising from the total number of occupying students can thus result in very high costs for individuals.

We therefore appeal to all students currently occupying the Audimax to clear the building. We will continue to offer an open ear and to discuss issues with the student council (Asta), elected student representatives and other interested students.

We are convinced that changes to the current situation can only be effected through dialogue and would therefore seek further constructive discussion with all students.


Sincerely,


The Management of the University of Hamburg

Edmund-Siemers-Allee 1
20146 Hamburg