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Code of Conduct at Kampnagel

§ 1 Preamble

1.1 Our core principles

Creating opportunities & promoting diversity

We at Kampnagel are working towards a society that offers everyone equal opportunities for a fulfilling life and access to culture and cultural participation – regardless of, in particular, national or ethnic origin, race/racist or anti-Semitic labelling, gender or gender identity, religion or belief, disability, chronic illness, weight/physical appearance, age, marital status, sexual identity or orientation, social background or social status.  That is why it is important to us that the organisation behind, the audience in front of and the artists on our stages are as diverse as (urban) society and the international communities connected to it.

Sustainability, social responsibility and inclusion

We view sustainability as a comprehensive concept that combines environmental, social and cultural responsibility. We are guided by the United Nations’ 17 Sustainable Development Goals (SDGs) and are actively committed to climate protection, social justice and inclusion within the arts and cultural sector. 

Sustainability is an ongoing process that we actively reflect upon and continue to develop. Kampnagel is committed to using the transformative power of art to create a fairer and more sustainable future – for the environment, society and future generations.

The tension between freedom of speech and art, discrimination and personal rights 

Guided by our commitment to diversity, we are also dedicated to upholding freedom of speech and freedom of art. Theatre is an art form – its work can and should be challenging, experimental, exploratory and bold.

Artistic freedom of expression is vital, and the creative space must also be as safe as possible for those particularly affected by discrimination. 

Our challenge, therefore, is to protect freedom of art and speech whilst creating a space where people particularly affected by discrimination feel heard and as protected as possible. The exercise of freedom of art and speech can conflict with the personal rights of people affected by structural discrimination. We thus believe it is important to handle this tension as sensitively as possible, ideally fostering mutual understanding of different perspectives and boundaries.

1.2 Basic principles of this Code of Conduct 

Interaction

We value respectful communication and interaction with one another – both on stage and behind the scenes. We encourage our staff, partners, artistic, technical and administrative production teams, guests and our audience to always contribute to a supportive, understanding and open atmosphere. This includes, amongst other things, not tolerating bullying and preventing the abuse of power.

Anti-discrimination 

We are convinced that many of us have grown up within structures (ways of thinking and behaving) that are colonial, patriarchal and discriminatory. The perpetuation of these structures leads to their reproduction and thus to the continuation of inhumane hierarchical ideologies (such as colonialism, capitalist neo-colonialism and National Socialism, patriarchal structures, etc.). Staff at Kampnagel can be both, or simultaneously, perpetrators and victims of various forms of the exercise and abuse of power, various forms of discrimination, violent communication and (sexualised) violence or (sexual) harassment, and the legitimisation thereof. We are committed to being a place where, on the one hand, space is provided for learning about and reflecting on these internalised structures and, on the other hand, people who are particularly affected by discrimination are protected as effectively as possible and incidents of discrimination are dealt with transparently.

Responsibility of Kampnagel’s Management

Kampnagel’s management shares responsibility for reflecting on the structures described here and, wherever possible, eliminating them. 

It is precisely for this reason that, as the responsible leaders of an institution, we commit ourselves to looking even more closely, to taking care – of our guests, artists and colleagues – and to taking active and preventive measures against any form of discrimination, violence and abuse of power. 

Contents of the Code of Conduct

The following Code of Conduct is intended to describe the desired standards of conduct amongst those working at Kampnagel and to set out which forms of behaviour (including discrimination, sexual harassment, bullying and abuse of power) are prohibited.

§ 2 Personal and material scope, and the obligation to transfer rights and obligations

This Code of Conduct applies to everyone who enters into a contract with Kampnagel. This includes freelancers and permanent staff, artists, guests/visitors, external event organisers and other service providers. All parties are obliged to transfer the rights and obligations under this contract to third parties operating at Kampnagel, provided that Kampnagel has not itself entered into a separate contractual relationship with those third parties.

§ 3 No discrimination and no (sexual) harassment

We, the management of Kampnagel, do not tolerate discrimination, in particular on the basis of national or ethnic origin, race/racist or anti-Semitic labelling, gender or gender identity, religion or belief, disability, chronic illness, weight/physical appearance, age, marital status, sexual identity or orientation, social background or social status.

Sexual harassment can also constitute discrimination. 

Sexual harassment includes, for example, the following behaviour:

  • physical, verbal or gestural abuse;
  • making unwanted intimate physical contact, as well as physical contact that is not directly related to the artistic work and takes place without consent;
  • requiring performers to appear naked against their will, to undress, or to wear costumes that violate their personal integrity;
  • sending unsolicited, overly personal or suggestive messages to colleagues;
  • talking about a person’s body in a way that sexually objectifies them.

The welfare of children and the protection of children and young people from discrimination, harassment, abuse and sexual violence are of the utmost importance. For this reason, a child protection policy is being drawn up to complete the Code of Conduct.

§ 4  Interpersonal interaction

We place great importance on treating one another with respect, self-awareness, openness and empathy, and we are committed to establishing and upholding these values. To ensure these values are effectively put into practice in our day-to-day artistic and other collaborative work, the following principles of conduct should be observed: 

Clear and respectful communication

Kampnagel regularly offers workshops designed, on the one hand, to develop a shared understanding of what constitutes clear and respectful communication, to practise and learn this, and, on the other hand, to explore how this can be put into practice in everyday life. This also includes practising how to listen when receiving criticism and feedback. This also includes the expectation that one will pause and reflect when feedback indicates that personal boundaries have been crossed (even unintentionally) or that discriminatory behaviour has taken place. Such feedback is acknowledged and taken seriously. It is important to avoid adopting a defensive stance, to view the situation with self-criticism, to apologise for the hurtful behaviour, and to rectify it as soon as possible.

These principles also apply to Kampnagel’s social media profiles and supplement the general terms of use applicable there. We cannot and will not seek to resolve conflicts with every user, particularly where hate speech or discriminatory content is involved. In particular, we do not accept personal attacks, insults, deliberate provocations, discriminatory remarks or off-topic comments that bear no relation to the post in question. Posts that breach these rules will be deleted or hidden. Users who fail to comply with these guidelines may be blocked without further explanation. We report any content that may be relevant under criminal law to the law enforcement authorities.

No bullying and no abuse of power

Bullying and abuse of power can not only have individual consequences under employment law, but also undermine cooperation in general and must therefore be prevented. Bullying means that a person systematically experiences psychological abuse, which manifests itself through repeated and regular harassment, hostility, torment, harm, insults, exclusion or isolation. Abuse of power is the misuse of a position of authority to harm, harass or disadvantage others.

No unwanted work in your free time

We do not ask people in lower positions within the hierarchy – whether in society or within the company – to work outside of working hours in their free time. 

Respect for privacy 

No one is pressured into sharing personal or private experiences. Such exchanges of experiences may only take place within the context of a mutual, work-related relationship of trust. Practices in the performing arts and in cultural education may involve physical contact. Non-consensual touching during courses, training sessions, rehearsals and performances will not be tolerated.

§ 5 Training courses for freelancers and permanent staff

We are working to become more sensitive to issues of discrimination, and to establish and maintain a respectful, self-reflective, supportive and empathetic way of interacting with one another. It is particularly important to us to use non-discriminatory language – whether spoken, written or non-verbal. To this end, we regularly organise training and professional development sessions for freelancers and permanent staff.

§ 6 Complaint management

To foster an environment in which action is taken against discrimination, (sexual) harassment, bullying and abuse of power, we are establishing points of contact that clearly and transparently indicate who people can turn to in the event of such incidents, in a way that is accessible and confidential. The internal and external contact points and info centres listed below can serve as a resource for everyone, providing support in the form of information, advice and – in certain cases – assistance in organising future individual and collective preventive measures to reduce abuse of power and discrimination.

Should it be necessary to take action in response to breaches of this Code of Conduct, the management of Kampnagel will determine whether, in their view, a breach has occurred and what measures should be taken. 

If there is a suspicion that the values and behavioural guidelines of this Code of Conduct have been breached, the following partners may be contacted. Please note that some of these points of contact operate confidentially, whilst others do not.

6.1 Points of contact specifically for breaches of this Code of Conduct

The following points of contact operate confidentially and anonymously with regard to Kampnagel’s management:

6.2 General points of contact (including for breaches of this Code of Conduct)

6.3 External contact points and info centres

In addition, as an employer, Kampnagel has links and access to the following external support and advice services.

§ 7 Final remarks

Breaches of this Code of Conduct may result in disciplinary action under employment law, including dismissal without notice, as well as civil law consequences such as a ban from the premises – this applies in principle to all Kampnagel employees, including senior staff. 

This Code of Conduct is a living document and is regularly reviewed, evaluated and, where necessary, updated at least once a year in consultation with senior management, departmental heads, the works council and the Care representatives, as well as the internal and external representatives listed above.

Compliance monitoring, the definition of consequences and the legally binding nature of the Code of Conduct under employment law are established through a works agreement based on this Code.

Glossary

Harassment encompasses any discriminatory, offensive, intimidating or hostile behaviour. It is behaviour that interferes with a person’s work and causes stress, anxiety or illness in the person being harassed.

Discrimination occurs when a person is disadvantaged, devalued, disparaged, belittled or humiliated on the basis of national or ethnic origin, race/racist or anti-Semitic labelling, gender or gender identity, religion or belief, disability, chronic illness, weight/physical appearance, age, marital status, sexual identity or orientation, social background or social status.

In legal terms, a distinction is made between unjustified and justified discrimination. Discrimination in the legal sense therefore occurs when a person is treated unequally on the basis of one (or more) legally protected categories of discrimination, without there being an objective reason to justify this unequal treatment (see ADS handbook). This is important because certain requirements in the workplace may justify unequal treatment in exceptional cases. Conversely, the justification of discrimination allows for the preferential treatment of certain social groups that are structurally disadvantaged in society and under-represented in certain areas of life. Justified discrimination permits, for example, non-male-identifying individuals to be given preference in a particular workplace measure, or for certain offers to be made exclusively to BIPoC.

Discriminatory behaviour can take the form of verbal or written remarks, or other actions. Discrimination of this kind may be unlawful and could result in legal action, including criminal proceedings, against those responsible.

Abuse of power is the misuse of a position of authority (whether professional or organisational) to harm, harass, intimidate or disadvantage others. It generally occurs when the position of authority and the associated responsibility are exercised not conscientiously, but destructively. 

Multiple discrimination refers to a situation where a person is discriminated on the basis of several characteristics at the same time. The term is used to describe cases where discrimination is based on multiple characteristics (e.g. racial profiling and gender). The aim is to adequately capture the complex realities faced by those affected and to prevent gaps in protection.

Bullying occurs when individuals are treated with hostility, harassed or discriminated against by colleagues or work partners, supervisors, and/or Kampnagel employees and contractual partners. Those affected find themselves in a subordinate perpetrator-victim relationship; the hostile actions take place over a prolonged period and are systematic. Bullying refers to a pattern of behaviour and not to a single act. The acts are systematic, i.e. they are constantly repeated. 

Acts of bullying can take the form of verbal abuse (e.g. insults, belittling, threats) or non-verbal behaviour (e.g. withholding information, exclusion). Such behaviour is generally regarded as hostile, aggressive, destructive and harassing. 

Racism occurs when people, on the basis of nationality, national origin or ethnicity, physical appearance and/or their (attributed) ethnic affiliation, are subjected to unequal treatment, exclusion, restriction, violence of any kind or derogatory remarks, which have the purpose or effect of creating a distinction, exclusion, restriction, disadvantage or preferential treatment, the aim or consequence of which is to diminish, frustrate and/or impair the equal recognition, enjoyment and/or exercise of human rights and fundamental freedoms in the political, economic, social, cultural or any other sphere of public life. 

Sexual harassment, as defined by the General Equal Treatment Act, occurs when sexually motivated behaviour is unwanted, one-sided and non-consensual. It can be verbal, non-verbal, physical, offline or online. Harassment can be directed at anyone; members of marginalised groups are particularly frequently affected.

It is therefore prohibited to infringe upon the privacy of others, in particular by

  • derogatory remarks about the body, sexuality or sexual orientation;
  • staring and meaningful glances;
  • lewd, suggestive or sexualised comments, jokes and gestures;
  • insults or discriminatory treatment following the rejection of unwanted advances;
  • demanding sexual attention;
  • coercion (including attempted coercion) of sexual acts through violence or the threat of violence;
  • sexual assault or rape;
  • unwanted invitations with sexual intent;
  • unwanted physical contact;
  • inappropriate comments on social media;
  • promising benefits in exchange for sexual favours, or directly or indirectly threatening adverse consequences if sexual favours are refused;
  • showing and distributing pornography;
  • exploiting a person’s dependence on care, assistance or support for sexual advances;
  • withholding assistance, support or care as a punishment for rejecting sexual advances;
  • insulting or discriminatory treatment following the rejection of an unwanted advance;
  • manipulation of support services for the purpose of sexual exploitation;
  • ignoring a person’s consent or sexual preferences on the grounds of their disability;
  • exploitation of communication barriers for the purpose of sexual exploitation;
  • demanding sexual attention.

This list is not exhaustive, and unwanted sexual attention can take many forms.

CODE OF CONDUCT KAMPNAGEL 10092026 ENGLISCH
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