Appointment Regulations of
Hamburg University of Technology
(BOTUHH),
resolved by the Academic Senate on 22.04.2020;
amended by resolution of the Academic Senate of 22 July 2020.
§ 1 Scope of the Appointment Regulations
- The appointment regulations apply to appointments for professorships or junior professorships (with or without tenure track) at Hamburg University of Technology. They do not apply to the filling of substitute professorships or to the awarding of the academic title of "professor". [§ 17 HmbHG]
§ 2 Appointment Procedure
- The procedure set out in the following sections applies to the appointment to a professorship or junior professorship. The procedure is completed with the signing of the appointment agreement.
§ 3 Tenure-Track-Procedure
- TUHH fills the tenure-track junior professorship in order to promote young academics. [in the meaning of the administrative agreement between the federal and state governments on a programme to promote young academics (according to article 91b, paragraph 1of the basic law.)]
- The appointment to the professorship following the tenure-track junior professorship requires that the tenure-track junior professor has proven his or her worth in a quality-assuring evaluation procedure that has been positively assessed according to evaluation criteria [as defined in Section 3 (1) ARTUHH].
Further details on the procedure as well as on quality standards and evaluation criteria are governed by the Guidelines for the Evaluation of Junior Professors (incl. Tenure Track) of TUHH in corresponding application. - Only those who have changed universities after gaining their doctorate or who have worked scientifically outside the TUHH for at least two years can be appointed to a tenure-track junior professorship.
[Section 4(1) Administrative Agreement between the federal and the state governments on a Programme for the Promotion of Young Academics (pursuant to Article 91b (1) of the Basic Law)].
§ 4 Staffing and Dedication Proposal
- The Presidential Board decides on the specific use and scientific orientation of vacant, getting vacant or newly created posts for a professorship, junior professorship or tenure-track junior professorship as soon as a corresponding post becomes vacant or can be filled for the first time. [§ 14 para. 1 p. 1 in conjunction with § 79 para. 2 p. 2 no. 6 HmbHG].
- The Presidential Board shall commission the preparation of a dedication proposal. The deans of studies and research priorities shall be involved and asked for their opinion. The dedication proposal is then submitted to the Academic Senate for its opinion.
- The Presidential Board shall take the dedication proposal and the statement of the Academic Senate into account in its decision-making.
§ 5 Advertisement
- The position for a professorship, junior professorship or tenure-track junior professorship shall be advertised publicly and internationally. The advertisement shall in principle be formulated in English. The Presidential Board shall draw up the text of the advertisement in accordance with the procedure described in § 4 and taking into account the findings made therein on the kind and scope of the task to be fulfilled.
- The text of the advertisement shall contain information on the subject area, the deanery of studies or the academic institution to which the position is assigned as well as on any management function to be assumed, on the teaching and research tasks to be performed and on the grade. When advertising a tenure-track junior professorship, it shall be stated that after a successful tenure evaluation, tenure as a professor [as defined in § ARTUHH] is guaranteed. In addition, the initial and target grade of the tenure-track junior professorship must be stated.
- Prior to the advertisement, a list of domestic and foreign academics who might be suitable for the professorship to be filled shall be drawn up. The list shall be submitted to the President by the professors involved in the proposal for dedication. In principle, it should contain at least two female academics. If the list contains less than two female academics, this must be justified in detail.
- Gender-sensitive language should be used in the call for applications. In order to recruit women, female scientists should be actively approached from their own networks and relevant databases for female scientists should be searched.
- If at least one sufficiently qualified application is not received in response to the advertisement and if the appointment committee is unable to propose other qualified persons who could be considered for the post, the procedure shall be terminated by the Presidential Board. The appointment committee shall be heard beforehand.
- The HmbHG defines those cases in which the advertisement of a professorship can be waived [§ 14 HmbHG para. 6]. If use is to be made of a waiver of advertisement, the Equal Opportunities Commissioner must be informed of this.
§ 6 Members of the Appointment Committee
- The Presidential Board instructs the Academic Senate to set up an appointment committee to prepare the appointment proposal. The appointment committee must include members of the following groups [pursuant to § 14 para. 2 in conjunction with § 10 para. 1 HmbHG]:
- at least three representatives of the group of university professors of the TUHH (so-called internal members);
- one representative each from the group of research assistants of the TUHH;
- one representative of the TUHH student group;
- at least two professors who may not be members of the TUHH (so-called external members). [within the meaning of § 8 para. 1 HmbHG]
- The Academic Senate elects the members of the appointment committee on the basis of proposals from the relevant status group in the Academic Senate. [§ 18 Para. 3 AS Rules of Procedure]. At least one professorial member should belong to a deanery other than the responsible deanery. Those who hold or have held the professorship to be filled should not, in principle, be members of the appointment committee.
- The Presidential Board shall appoint at least two external members on the proposal of the responsible Dean of Studies. One of the external members may be proposed by a cooperation partner or a donor if the professorship or junior professorship is to be filled on the basis of a cooperation agreement or a foundation.
- Professorial members must have an absolute majority of seats on the appointment committee. Each of the aforementioned status groups shall nominate the candidate to represent them on the appointment committee through their representative on the Dean of Studies Committee. Care must be taken to ensure that there is no relationship of dependency between the proposed member from among the students and the proposed member from among the academic staff and the professorial members. In the event of a deviation from this requirement, the Academic Senate requires a detailed explanation and justification. This justification shall be attached to the submission for the Academic Senate.
- When determining the members of the appointment committee, the Academic Senate shall take into account that women and men must be represented in the appointment committee with at least 40 percent of the members of the appointment committee. [§ 14 para. 2 p. 6 HmbHG] This proportion can be achieved through appropriate selection and number of external members. In consultation with the Equal Opportunities Commissioner, the Presidential Board may approve exceptions with regard to the 40% to be achieved.
- The Academic Senate shall determine, with recourse to the proposal of the Committee of the Deans of Studies, which of the members shall temporarily take over the incidental business, in particular the invitation to the constituent meeting, until the election of the chairperson of the Appeals Committee (so-called executive member).
- If a position is to be filled by a professor with which a task in an academic institution outside the TUHH is connected, the TUHH shall reach an agreement with the responsible body of the institution on the course of the procedure up to the preparation of the appointment proposal. In this context, the formation of a joint appointment committee or the establishment of an appointment committee at TUHH and a selection committee of both scientific institutions may be agreed. If a joint appointment committee is agreed, its composition, the group allocation of its members and the ratio of voting rights shall be based on the regulations in paragraph 1, sentence 2 and § 97 paragraph 1, sentences 2 and 3 HmbHG. The members delegated by the academic institution to the joint appointment committee shall not be considered external members within the meaning of paragraph 1 sentence 1 indent 4 and § 14 paragraph 2 sentence 5 HmbHG. The regulations of these Appointment Regulations shall apply to the joint appointment committee insofar as they do not contradict the regulations in this paragraph. If an appointment committee at the TUHH and a selection committee at the academic institution are agreed, regulations shall be included on how both committees agree on the formation of a joint appointment list; in all other respects, the regulations of the institution at which the respective committee exists shall apply to it. Sentences 1 to 6 shall apply accordingly to the filling of a post by a junior professor, provided that the special requirements of the junior professorship can be taken into account.
§7 Work of the Appointment Committee
- Appointment committee meetings shall not be open to the public. The members of the committee are obliged to maintain secrecy about the subjects of the meeting of which they become aware in connection with the appeal procedure and to treat them confidentially. This shall also apply after the end of the procedure.
- The appointment committee shall constitute a quorum if at least three quarters of the members are present. Presence is also given in the case of audio-visual participation via a secure data network connection. Decisions shall be taken by a simple majority of the votes of the members present; in the event of a tie, the vote of the Chairperson and, until his/her election, the vote of the interim Managing Member shall be decisive. The meetings of the appointment committee shall be minuted.
- If the Equal Opportunities Commissioner is not a member of the appointment committee, he/she shall have the right to attend all meetings in an advisory capacity. He/she shall receive the invitations and the minutes of the meetings. She/he may inspect all documents of applicants and other persons considered for the appointment (including the expert reports prepared). The Equal Opportunities Commissioner is also obliged to protect the personal data of which he or she becomes aware in the course of the appointment procedure and to maintain confidentiality about the course of the procedure.
- The Representative for Severely Disabled Persons shall be involved in the appointment procedure when persons with severe disabilities or persons of equal status apply. He/she shall participate in the appointment committee as a guest in an advisory capacity. The Representative for Severely Disabled Persons shall also have the right to inspect the application documents of applicants who are not severely disabled.
- The applications received by the Presidential Administration shall be forwarded to the Managing Member after the closing date for applications. The managing member shall invite to the constituent meeting after the closing date for applications. He/she shall chair the constituent meeting until the immediate election of the chair of the Appeals Committee. The chairperson must be a professorial member of the TUHH appointment committee.
- In the constituent meeting, the appointment committee may, before taking note of the applications, decide on criteria in the sense of a concretisation of the requirements stated in the dedication and the text of the call for applications. The criteria in the dedication and the text of the call for applications remain unchanged. These selection criteria are valid for the further appointment procedure in addition to the legal regulations.
- In the constituent meeting, the appointment committee shall check for any bias of its members by applying the regulation on bias in appointment procedures at the Hamburg University of Technology [i.S.v. §§ 20 and 21 HmbVwVfG].
- In the event of the resignation of one or more members of the appointment committee, the responsible Dean of Studies Committee shall, in consultation with the relevant bodies [§ 4 para. 2 ARTUHH], immediately propose a replacement member to the Academic Senate. The Academic Senate shall decide on the proposal and re-elect a substitute member. The member appointed as a substitute shall automatically take the place of the previous member and the procedure. The chair of the appointment committee shall ensure that he or she is able to do so without delay.
- After the first review of the application documents, the chair of the Appeals Committee shall, if necessary, draw the attention of other persons considered qualified by the Appeals Committee to the advertisement and invite them to apply in due time, especially if the number of applicants is low.
- In the event of a low number of applicants, in particular if at least one sufficiently qualified application is not received in response to the advertisement, the appointment committee may request the Academic Senate and the Presidential Board to nominate persons to it who might have the required qualifications. These persons shall be invited by the appointment committee to apply in a timely manner.
- Insofar as one gender predominates among the university teachers at the TUHH, the appointment committee shall, irrespective of the applicant quota, inform at least one person of the underrepresented gender, who could have the required qualifications but who has not applied, in writing about the vacant position and send him/her the text of the advertisement.
- If the appointment committee does not succeed in identifying qualified persons who could be considered for the position within six months after the end of the advertisement period, or if the persons approached or invited refuse to apply, the procedure may be discontinued by the Presidential Board after hearing the appointment committee. The Academic Senate and the University Council shall be informed of the termination.
- If the Presidential Board, after hearing the responsible Dean of Studies, decides on a new call for applications, this shall be treated as a first call for applications. The examination as defined in § 3 does not have to be repeated if no more than twelve months have passed since the last examination result was determined.
§ 8 Presentation and Assessment
- The appointment committee makes a pre-selection in which a total of at least three applicants are invited to interviews after the application deadline, taking into account the guideline for the promotion of women at the TUHH as well as the Severely Disabled Persons Act (SchwbG). If fewer than three persons are to be invited, the reasons for this must be documented.
- Presentation dates include lectures open to the public, a non-public expert discussion with the appointment committee as well as the presentation and explanation of an overall concept. This must describe the plans for research and teaching, taking into account the promotion of young academics and equal opportunities. In addition to the trial lecture, the appointment committee shall also invite to a trial lecture or course open to the public. The announcement of the lectures and, if applicable, of the lecture or course shall be made public to the university.
- The appointment committee shall carry out an evaluative and comparative examination with regard to the tender criteria and, if applicable, the specification it has made itself.
- The appointment committee obtains two external expert opinions on all shortlisted persons. In appointment procedures, internationally recognised experts are to be consulted. If the subject profile of the professorship makes it appropriate, foreign experts shall also be consulted.
- Comparative reviews are permissible. The person to be reviewed should name possible reviewers for one of the two reviews to be prepared to the appointment committee. The reviewers may neither be members of the TUHH nor external members of the appointment committee. The appointment committee checks whether the reviewers are biased. [in the meaning of §7, para. 7 of ARTUHH] The chair of the Appointment Committee shall inform the experts of the confidentiality of the procedure.
§ 9 Berufungsvorschlag
- On the basis of the selection considerations, the appointment committee ranks the candidates and decides on a proposal for appointment.
- The appointment proposal shall consist of an appointment report and an appointment list. The appointment report shall fully document the selection considerations at each step of the procedure in writing. The appointment list shall contain three proposals. The provisions of § 15 HmbHG shall be applied when examining the recruitment requirements for professorships. When examining the recruitment requirements for junior professors, the provisions of § 18 HmbHG shall be applied.
- The appointment committee submits its appointment proposal to the Presidential Board, the responsible deans of studies and, if applicable, the spokespersons of the research priorities for immediate comment.
- After six months at the latest, the appointment committee shall forward the appointment proposal, including the statements within the meaning of § 7 Para. 3 and Para. 4, to the Academic Senate for decision. The Academic Senate shall decide on the appointment proposal and submit the appointment proposal to the Presidential Board with the request to award the call according to the listing.
§ 10 Appointment
- As a rule, the Presidential Board issues the call in accordance with the list of appointments adopted by the Academic Senate. [§ 13 para. 1 p. 2 HmbHG].
- The Presidential Board may deviate from the list ranking for reasons of discretion. This must be justified to the Academic Senate and its opinion on the proposed deviation must be obtained. This may be combined with the requirement to obtain further expert reports.
- As long as the call has not been accepted, the Presidential Board may at any time, for factual reasons, withdraw the call and issue a call to the next-placed person or also terminate the appointment procedure as a whole. The Academic Senate shall be informed immediately by the Presidential Board of the failure of negotiations or, if applicable, the termination of the appointment procedure as a whole.
- The appointment committee shall be dissolved when the Presidential Board accepts the call or terminates the appointment procedure. A period of no more than six months should elapse between the call and the signing of the appointment agreement.
§ 11 Notification
- After signing the appointment agreement, all unsuccessful candidates must be informed in good time about the outcome of the selection procedure. There should be at least three weeks between the information on the outcome of the selection procedure and the appointment or recruitment.
§ 12 Transitional regulation, entry into force
- For the work of appointment committees which has been taken up until the entry into force of these appointment regulations, the regulations valid until then shall apply in principle. These appointment regulations come into force on the day after the resolution by the Academic Senate of the TUHH. At the same time, the appointment regulations of 27 April 2006 shall cease to apply. [Published with the new paragraph §6 (7) adopted on 22.07.2020 on 15.09.2020 on the TUHH homepage under
https://www.tuhh.de/tuhh/uni/service/berufungen.html and https://www.tuhh.de/tuhh/uni/informationen/ordnungen-richtlinien.html
Hamburg, March 22, 2023
Hamburg University of Technology
This version of the doctoral regulations of the Hamburg University of Technology is not legally binding. Only the German version is legally binding.