Why don't teachers teach anymore
Dismissal due to Nazi tattoos is legal : Hennigsdorf teachers are no longer allowed to teach
For years Clemens K., who is no longer allowed to teach as a teacher because of Nazi tattoos, has been a case for the judiciary. On Tuesday, the Berlin-Brandenburg State Labor Court dealt with him again and decided that his extraordinary dismissal by the school authorities from November 2019 is effective. He was not qualified as a teacher because, given his tattoos, there was no guarantee that he would be constitutional. Even changing the tattoos later did not change anything, the court decided.
K. had come to a secondary school in Hennigsdorf (Oberhavel) as a career changer, and at a sports festival in July 2018, he bared his upper body. The SS slogan “My honor means loyalty” - which is punishable - as well as right-wing extremist symbols such as “Wolfsangel” and “Black Sun” could be seen. Another teacher had complained about it, but the education authority initially delayed the case.
Only after the intervention of a member of the state parliament and under pressure from the Ministry of Education was the first dismissal at the beginning of 2019; a second was necessary in November 2019 due to formal errors. The tattoos are said to have been the result of his difficult youth, he was interested in Vikings and ancient Teutons, as he later said. He is not a right-wing extremist.
The criminal justice department also took care of K. The public prosecutor's office had initially applied for a penalty order in the amount of 1,600 euros for using symbols of unconstitutional organizations, K. appealed. The district court of Oranienburg imposed a prison sentence of three months on probation in October 2020, the district court of Neuruppin changed the judgment a few days ago to a fine of 90 daily rates of 50 euros - a total of 4500 euros.
Previously, the removal from the teaching job had failed
With that, K. would have a criminal record - including an entry in the federal central register and in the extended certificate of good conduct. For a long time, he had shown himself to be unreasonable, but before the appeal hearing he changed the punishable tattoos so that they are no longer punishable, the regional court said. K. appealed on a point of law, the judgment is not yet final - but that was not the point for the regional labor court on Tuesday.
The removal from the teaching job had so far failed, initially in December 2019 before the state labor court because the staff council had not been sufficiently informed about the reasons for the termination. At the restart, the Neuruppin Labor Court rejected the dismissal in November 2020 - but also the teacher's application for continued employment. For the Neuruppin court, he had made it sufficiently clear that he was not right-wing extremist.
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The school authorities, however, did not find that the late change in the tattoos indicated a distancing. The regional labor court has now agreed. The decisive factor is that he still wore the Nazi tattoos unchanged when his second, now successful termination at the end of 2019 - although the problem had long been clear. A revision was not allowed.
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