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Academic Freedom and Freedom of Expression Policy

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Purpose | Scope | Principles | Policy statements | Roles and responsibilities | Definitions | Approval information | Version history | References

1. Purpose

1.1 Academic freedom and the freedom of lawful expression are fundamental values at UTS. The Academic Freedom and Freedom of Expression Policy (the policy) supports and protects the pursuit of free inquiry, informed discourse and public debate at UTS as articulated in the University of Technology Sydney Act 1989 (NSW).

1.2 The policy ensures that academic freedom and freedom of lawful expression are not unnecessarily restricted or burdened other than imposed by law or set out in this policy.

2. Scope

2.1 This policy applies to:

  1. all members of staff, students and affiliates
  2. Council, its committees and its officers, including those involved in academic governance, and
  3. invited visiting speakers and external visiting speakers.

3. Principles

3.1 As a place of scholarship and research, academic freedom and freedom of lawful expression are fundamental values of UTS. In addition to these values, UTS is committed to building a culture of diversity, respect and inclusion, integrating these into its everyday activities and operations as part of the university’s duty to foster the wellbeing of staff and students.

3.2 UTS acknowledges that academic freedom is critical for the development of new ideas and for challenging existing knowledge. Academic freedom and freedom of lawful expression will be protected and encouraged to support further discovery.

3.3 UTS will have regard to the requirements of this policy in the drafting, review or amendment of any non-statutory governance instruments and in the drafting, review or amendment of delegated legislation pursuant to any delegated law-making powers.

3.4 This policy will prevail to the extent of any inconsistency between it and any other non-statutory policies and rules of the university.

4. Policy statements

Academic freedom

4.1 Every member of academic staff and every student at UTS enjoys academic freedom subject only to prohibitions, restrictions or conditions imposed by:

  1. law
  2. the reasonable and proportionate regulation necessary to discharge UTS’s teaching and research activities
  3. the reasonable and proportionate regulation necessary to discharge UTS’s duty to foster the wellbeing of students and staff
  4. the reasonable and proportionate regulation to enable the university to give effect to its legal duties.

4.2 The exercise of academic freedom by academic staff or students, subject to the limitations in statement 4.1, will not constitute misconduct or attract any penalty or other adverse action.

4.3 Without limiting the provisions of statement 4.1, UTS staff, students and affiliates have the right, without fear of harassment, intimidation or unfair treatment, to:

  1. pursue critical and open inquiry
  2. research and publish
  3. participate in public debates and express opinions, including unpopular or controversial opinions about issues and ideas
  4. participate in an appropriate form in decision-making processes and structures related to their field of expertise and area of responsibility within the university
  5. participate in professional and representative bodies, including unions and student societies, and engage in community service
  6. participate in public debates in a private or personal capacity
  7. express opinions about the university, its management and its operations, and
  8. in the case of staff specifically, teach, assess and develop curricula within agreed collegial faculty processes.

4.4 Notwithstanding the freedoms described in statement 4.3, UTS has autonomy to determine its academic courses and offerings, and how they are taught, and its research activities, and how they are conducted.

4.5 UTS may take reasonable and proportionate steps to ensure that all prospective students have an opportunity to be fully informed of the content of their courses. Academic staff are not precluded from including content solely on the ground that it may offend or shock any student. Academic staff must comply with any policies and rules supportive of the university’s duty to foster the wellbeing of staff and students.

Freedom of expression

4.6 Every member of staff and every student at UTS, including its affiliates and officers, enjoys freedom of lawful expression on UTS land or in connection with UTS subject only to prohibitions, restrictions or conditions imposed by:

  1. law
  2. the reasonable and proportionate regulation of conduct necessary to the discharge of the university’s teaching and research activities
  3. the right and freedom of others to express themselves and to hear and receive information and opinions
  4. the reasonable and proportionate regulation of conduct to enable the university to fulfil its duty to foster the wellbeing of students and staff
  5. the reasonable and proportionate regulation of conduct necessary to enable the university to give effect to its legal duties including its duties to invited visiting speakers and external visiting speakers to the university.

4.7 Members of academic staff have the freedom to make lawful public comment on any issue in their personal capacities without constraint imposed by reason of their employment by UTS.

4.8 Subject to the limitations in statement 4.6, a person’s lawful speech on UTS land, at UTS facilities or in connection with a UTS activity (whether physical or virtual) will not constitute misconduct or attract any penalty or other adverse action by reference only to its content.

External relationships

4.9 In entering into an affiliation, collaboration or contractual arrangement with a third party, and in accepting donations from third parties subject to conditions, UTS must take all reasonable steps to minimise the restrictions or burdens imposed by such arrangements or conditions on the freedom of speech or academic freedom of academic staff or students undertaking research or study under such arrangements or subject to such conditions.

4.10 UTS has the right and responsibility to determine the terms and conditions on which it permits invited visiting speakers and external visiting speakers to speak on UTS land, at UTS facilities or in connection with a UTS activity (whether physical or virtual), and in doing so may:

  1. require event organiser(s) to comply with UTS booking procedures and terms and conditions of events, and to provide information related to the event, any public safety and security issues
  2. distinguish between invited visiting speakers and external visiting speakers in framing the terms and conditions of events at UTS
  3. refuse permission to any invited visiting speaker or external visiting speaker to speak where the content of the speech is, or is likely to be, unlawful or prejudice the fulfilment by the university of its duty to foster the wellbeing of staff and students
  4. refuse permission to any invited visiting speaker or external visiting speaker to speak where the content of the speech involves, or is likely to involve, the advancement of theories or propositions that purport to be based on scholarship or research but which fall below the scholarly standards to such an extent as to be detrimental to UTS’s character as an institution of higher learning
  5. require event organiser(s) to contribute in whole or in part to the cost of providing security and other measures in the interests of public safety and order in connection with the event at which an external visiting speaker is to speak.

4.11 Subject to statement 4.10, UTS will not refuse or attach conditions to the use of its land or facilities, or participation in UTS activities (whether physical or virtual), solely on the basis of the content of the proposed speech by the invited visiting speaker or external visiting speaker.

Monitoring and assurance

4.12 UTS Council annually attests that it is satisfied that the university meets the requirements under the Freedom of Speech and Academic Freedom University Chancellors Council Attestation Statement and the Model Code.

Complaints, disagreements and breaches of policy

4.13 Complaints about the exercise of freedom of lawful expression by others or breaches of the university’s behavioural standards will be managed in line with the Equity, Inclusion and Respect Policy, the Student Rights and Responsibilities Policy, the Academic Integrity Policy and/or the Code of Conduct as appropriate.

4.14 Any complaints in relation to academic freedom and freedom of lawful expression will be managed in line with the Student Complaints Policy and the Staff Complaints Policy.

4.15 Staff and students who experience intimidation or harassment when exercising academic freedom are encouraged to seek advice and make a report in line with Academic freedom at UTS. All reports of intimidation and harassment when exercising academic freedom are treated confidentially (refer Your privacy at UTS).

5. Roles and responsibilities

5.1 Policy owner: The Vice-Chancellor is responsible, on behalf of UTS Council, for enforcement of and compliance with this policy, ensuring that its principles and statements are observed.

5.2 Policy contact: The Provost is responsible for the day to day implementation of this policy and acts as a primary point of contact for advice on fulfilling its provisions.

6. Definitions

The following definitions apply for this policy. Definitions in the singular also include the plural meaning of the word.

Academic freedom means the:

  1. freedom of academic staff to teach, discuss and research, and to disseminate and publish the results of their research, without restriction by established scholarly consensus or institutional policy, but subject to appropriate scholarly standards aligned with UTS’s standing as an institution of higher learning
  2. freedom of academic staff and students to engage in intellectual inquiry, to express their opinions and beliefs, and to contribute to public debate, in relation to their subjects of study and research
  3. freedom of academic staff and students to express their opinions in relation to the higher education provider in which they work or are enrolled free from institutional censorship or sanction
  4. freedom of academic staff to participate in professional or representative academic bodies
  5. freedom of students to participate in student societies and associations
  6. autonomy of the higher education provider in relation to the choice of academic courses and offerings, how they are taught and the choices of research activities and how they are conducted.

Academic staff means any person employed by UTS to teach and/or carry out research and extends to any person appointed to an honorary academic position.

Affiliate is defined in the Code of Conduct.

Duty to foster the wellbeing of staff and students means UTS’s obligation (excluding the duty to protect any person from feeling offended, shocked or insulted as a result of exercising freedom of lawful expression) to:

  1. ensure that no staff or student suffers unfair disadvantage or unfair adverse discrimination on any basis recognised at law including race, gender, sexuality, religion and political belief in line with the Equity, Inclusion and Respect Policy
  2. ensure that no staff or student is subject to threatening or intimidating behaviour by another person or people on account of anything they have said or proposed to say in exercising their freedom of speech, and
  3. support reasonable and proportionate measures to prevent any person from using lawful speech which a reasonable person would regard, in the circumstances, as likely to humiliate or intimidate other people and which is intended to have either or both of those effects.

External visiting speaker means any person who is not an invited visiting speaker and requires permission to speak on UTS land, in UTS facilities or in connection with a UTS activity (whether physical or virtual).

Invited visiting speaker means any person invited by UTS to speak on UTS land, in UTS facilities or in connection with a UTS activity (whether physical or virtual).

Speech extends to all forms of expressive conduct including oral speech and written, artistic, musical and performing works and activity, and communication using social media. The word ‘speak’ has a corresponding meaning.

Staff is defined in the Code of Conduct.

Student is defined in the Student Rights and Responsibilities Policy.