High Administrative Court - Dismissal of lecturer at police academy unlawful
The dismissal of a lecturer at the NRW Police University by the state was unlawful. This was decided by the North Rhine-Westphalian Higher Administrative Court in summary proceedings and announced on Monday. The decision from December 15 cannot be appealed (Ref.: 6 B 1034/23).
With this decision, the OVG rejects an appeal by the state against a decision by the lower court. The Gelsenkirchen Administrative Court already considered the lecturer to be in the right. In the opinion of the OVG, the state had been able to conclude that Bahar Aslan was unsuitable for the teaching position following a Twitter post (now X). However, in revoking the teaching assignment, the state had unlawfully relied "incorrectly on further - irrelevant - circumstances", according to the OVG statement.
A secondary employment permit was not required for the teaching assignment. Therefore, the withdrawal could not be justified on this basis. Threats to the university were also not a reason for the withdrawal. The Gelsenkirchen Administrative Court had already argued the same.
Aslan had come under fire with an entry on the Twitter platform, which is now called X: "I now get palpitations when I or my friends are stopped by the police because all the brown filth within the security authorities scares us. This is not just my reality, but that of many people in this country."
Communication from OVG Münster
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- The decision by the North Rhine-Westphalia Police University to dismiss a lecturer, Bahar Aslan, was overturned by the Higher Administrative Court in North Rhine-Westphalia, which found the state's actions unlawful.
- The unlawful dismissal of Bahar Aslan by the state was based on an incorrect reliance on circumstances not relevant to the Twitter post that led to his suspension.
- The administrative court in Gelsenkirchen, Germany, had previously upheld the lecturer's right to his teaching position, and the Higher Administrative Court agreed that a secondary employment permit was not required for the position.
- Bahar Aslan faced criticism on Twitter, which led to his suspension from the police academy, but the withdrawal of his teaching assignment was not justified by threats to the university or any other relevant circumstances.
- The Higher Administrative Court in North Rhine-Westphalia is based in Münster, Germany, and is responsible for handling appeals related to administrative decisions made in the state of North Rhine-Westphalia, including cases involving universities and police academies.
Source: www.stern.de
