Code of Conduct

1. Purpose

1.1 UTS is committed to its positive, ethical and inclusive culture, consistent with its values.

1.2 This Code of Conduct (the code) sets out the behaviour required of all UTS staff and affiliates in meeting this commitment and the consequences of not meeting these requirements.

2. Scope

2.1 This code applies to all staff and affiliates performing any function or activity for or on behalf of UTS, in Australia or overseas.

2.2 This code operates in addition to the requirements of other university policies, including the Equity, Inclusion and Respect Policy, the Conflicts of Interest Disclosure Policy, the Fraud and Corruption Management Policy, the Health, Safety and Wellbeing Policy, the Research Policy and the Academic Freedom and Freedom of Expression Policy.

2.3 This code is not a term of any contract, including any employment contract, however it is enforceable as a university policy under the Policy Framework. It can be varied by UTS from time to time.

2.4 Members of UTS Council and/or its committees are subject to the UTS Council Code of Conduct. Staff who are also members of Council or its committees will be subject to this code and the Council's code (outlined in the Governance Overview Handbook (PDF) (SharePoint)).

2.5 The statements on conflicts of interest apply to students.

3. Principles

3.1 UTS expects all staff and affiliates to perform their work, duties or functions to the best of their abilities, ethically and impartially, in line with the UTS 2027 strategy and furthered in the Social Impact Framework.

3.2 Staff and affiliates must ensure their interactions with each other, students and the wider community are in line with this code, the Equity, Inclusion and Respect Policy and the Sexual Harm Prevention and Response Policy.

3.3 This code provides overarching expectations of personal and professional behaviour at UTS. It does not address all possible issues and scenarios that may arise in the course of performing work, duties or functions for UTS (refer statement 4.4).

4. Statements

Personal and professional behaviour

4.1 UTS requires all staff and affiliates to behave with the highest standards of professionalism and conduct at all times. Specifically, UTS requires staff and affiliates to:

treat all members of the university and wider community with dignity and respect in line with the Equity, Inclusion and Respect Policy
comply with all legal, industrial, contractual and administrative requirements, and all lawful and reasonable directions given by or on behalf of UTS
be aware of and apply any legislative and regulatory requirements relevant to their position, specialisation or line of work (for example, anti-discrimination legislation, Guidelines to counter foreign interference in the Australian university sector and workplace health and safety legislation)
declare any actual, perceived and potential conflicts of interest in line with the Conflicts of Interest Disclosure Policy
make decisions reasonably and without bias guided by facts and best practice
maintain timely, adequate and appropriate documentation to support decision-making
report serious wrongdoing in line with this code and the Whistleblowing and Public Interest Disclosures Policy
report illegal, unethical and unacceptable behaviour in line with the Child Protection Policy and the Sexual Harm Prevention and Response Policy
exercise academic freedom and freedom of expression in line with the values and expectations outlined in the Academic Freedom and Freedom of Expression Policy, and
be familiar with, implement and comply with all relevant UTS policies, procedures and guidelines.

4.2 Where possible, staff responsible for contract development, contract management and/or engaging contractors must ensure that the behavioural requirements of this code are included in the contract or agreement with UTS. Where this is not possible, behavioural expectations, conflicts of interest and confidentiality must be otherwise managed in the contract.

4.3 Behaviour or conduct that is inconsistent with this code, the Equity, Inclusion and Respect Policy or the Sexual Harm Prevention and Response Policy is unacceptable and will be managed as a breach of this code or as a breach of contract (as appropriate). UTS will investigate any unethical or unacceptable behaviour brought to its attention, particularly that which may have an adverse effect on the wellbeing of staff or students, and take any necessary action.

4.4 If there is any doubt about how to apply this code, or the appropriate course of action to take in a particular scenario, staff and affiliates should discuss the matter with their supervisor (or an appropriate senior member of staff) or the People Unit.

Use of UTS information

4.5 Staff and affiliates must:

maintain the confidentiality, integrity and security of university information during and at the end of their work, duties or functions at UTS
respect the personal privacy of all individuals at UTS by collecting and managing personal information in line with the Privacy Policy
manage UTS corporate data in line with the Data Governance Policy and be accountable for the data they collect and manage on behalf of UTS
be aware of the university's obligations under the Government Information Public Access Act 2009 (NSW) (the GIPA Act) and ensure certain types of information are made publicly available as outlined at Right to information, and
not take, or seek to take, improper advantage of any university information they have access to for financial or other benefit. This may be classified as serious wrongdoing and managed in line with the Whistleblowing and Public Interest Disclosures Policy.

Publication of information

4.6 Staff and affiliates who publish information (in any format) must ensure that it is professional, ethical and lawful, and consider:

UTS's responsibilities under the GIPA Act, and
the Data Governance Policy, the Privacy Policy, the Research Policy, the Publishing on the UTS Website Policy, the Acceptable Use of Information Technology Resources Policy and the Academic Freedom and Freedom of Expression Policy.

4.7 When publishing academic work, course materials and the results of research, staff and affiliates must be aware of the ethical and legal requirements about authorship and the acknowledgement of work done by others (including students) as required by the:

Intellectual Property Policy
Subject Descriptions and Subject Outlines Policy
Open Access Policy, and
authorship requirements in the Research Policy.

Use of UTS resources

4.8 Staff and affiliates must use UTS resources (for example, materials, funds, equipment, facilities, email and UTS logo) sustainably, professionally, honestly, ethically and lawfully. Staff and affiliates must:

report serious wrongdoing (including corrupt conduct, fraud, maladministration and serious and substantial waste) in line with the Whistleblowing and Public Interest Disclosures Policy
use IT resources in line with the Acceptable Use of Information Technology Resources Policy
undertake procurement in line with the Procurement Policy
manage modern slavery risks in line with Eradicating modern slavery and the Modern Slavery Act 2018 (Cwlth)
use the UTS corporate credit card in line with the Staff Travel, Expenses and Corporate Credit Card Policy.

4.9 UTS resources must not be used for private purposes (unless other university policies, procedures or guidelines allow or permission has been granted).

Academic integrity

4.10 UTS is committed to maintaining a culture of integrity and transparency in line with the Academic Integrity Policy. A failure to act with academic integrity is considered a breach of this code.

4.11 Academic staff and affiliates must demonstrate academic integrity at all times, including:

in their teaching and when interacting with students by upholding high standards of integrity and honesty in scholarly work
when undertaking research by complying with the Research Policy and its procedures, and
when undertaking supervisory activities (refer Graduate Research and Supervision Policy).

Conflicts of interest

4.12 Conflicts of interest may arise from time to time for staff, students and affiliates in the performance of their work, duties or functions. Staff and affiliates must:

make themselves aware of, and comply with, the requirements outlined in the Conflicts of Interest Disclosure Policy
support others in identifying any perceived, actual or potential conflicts of interest, and
declare any perceived, actual or potential conflicts of interest as soon as they arise.

4.13 Unreported conflicts of interest are considered a breach of this code.

Serious wrongdoing

4.14 Staff must report serious wrongdoing (including corrupt conduct, fraud, maladministration and serious and substantial waste) in line with the Whistleblowing and Public Interest Disclosures Policy.

Public comment

4.15 Staff are free to make public comment in line with the Academic Freedom and Freedom of Expression Policy, however they must ensure that all public comments made in a private capacity (in any format), whether during or outside work hours, are not attributed as official comment of the university.

4.16 Public comment that is considered a breach of this code, the Academic Freedom and Freedom of Expression Policy or the Equity, Inclusion and Respect Policy resulting in a complaint to the university will be managed as a code and/or policy breach.

4.17 Official stationery, email accounts or any media displaying the UTS logo or name must not be used for private correspondence or for purposes not related to university work, duties or functions (refer Use the UTS logo (Staff Connect)).

Leaving UTS

4.18 Staff and affiliates must notify their supervisor as soon as they have accepted an offer of external employment, appointment or engagement to:

identify and rectify any potential conflicts of interest resulting from an offer, and
manage outstanding activities or apply any control measures (for example, access to resources, data, equipment or funds).

4.19 Staff and affiliates must:

not disclose confidential UTS information, which must remain confidential once their employment, appointment, engagement or association with UTS ends
not use or take advantage of personal or confidential information obtained during their time at UTS and should be aware of their responsibilities under the Privacy Policy
not allow their work to be influenced by plans for, or offers of, external employment, appointment or engagement that would conflict with, or compromise in any way, their obligations to UTS or the best interests of UTS, and
exercise care in their dealings with former UTS staff and affiliates to make sure they do not give them favourable treatment or access to personal or confidential information.

Breaches of the code

4.20 Breaches, or suspected breaches, of this code (either identified or reported) should be reported to the relevant manager or supervisor and must be managed in line with the Enterprise agreements (sections on disciplinary action), contract of employment or other form of engagement.

4.21 UTS may take action against staff or affiliates who are found to be in breach of this code. Action may include disciplinary action or sanctions for misconduct or serious misconduct under an applicable Enterprise agreement, contract of employment or other form of engagement, including, where relevant, termination of employment or contract.

4.22 Breaches by honorary award holders, honorary title holders and affiliates with an honour name will be managed in accordance with the Honorary Titles and Awards Policy.

4.23 In some circumstances, depending on the nature of the breach, breaches of this code may also result in UTS notifying a relevant statutory authority and/or agency, and action being taken by a statutory authority and/or agency where relevant legislation is breached. This may result in criminal action, fines or imprisonment.

5. Roles and responsibilities

5.1 Policy owner: The Provost is responsible for enforcement of and compliance with this code for academic staff. The Chief Operating Officer (COO) is responsible for enforcement of and compliance with this code for professional staff.

5.2 Policy contact: The Executive Director, People and Culture is responsible for the implementation of this code and acts as the primary point of contact for advice on implementing its provisions.

5.3 Implementation and governance roles: All staff and affiliates must:

behave ethically and professionally, in line with this code
create an environment where the code's requirements are reflected in the day-to-day management of staff and affiliates
encourage colleagues to maintain high standards of conduct in the workplace, and
receive and act on reports of actual or potential conflicts of interest in accordance with this code.

6. Definitions

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

Academic integrity is defined in the Academic Integrity Policy.

Affiliate includes honorary award and title holders, honour name holders, contractors, volunteers, agency staff, members of university/faculty committees (excluding UTS Council and its committees) and any other person appointed or engaged by UTS to perform work, duties or functions for UTS.

Conflict of interest is defined in the Conflicts of Interest Disclosure Policy.

Integrity is defined in the Academic Integrity Policy.

Serious wrongdoing is defined in the Whistleblowing and Public Interest Disclosures Policy.

Staff means any person employed by UTS, including professional, academic or senior staff, either full-time or part-time, permanent, casual or on a contractual basis in line with the university's Enterprise agreements.

Supervisor means a person employed by UTS who has direct line management responsibility for staff and/or affiliates. Supervisors include, but are not limited to, members of the senior executive, deans, executive directors, directors, chief officers, heads of school, managers and other people who supervise staff.

University information includes, but is not limited to, UTS papers, documents, registers, files, photographs, microfilm, passwords, data or information stored in digital or printed form.

Approval information

CONTACT	Executive Director, People and Culture
APPROVAL AUTHORITY	Council
REVIEW DATE	2028
FILE NUMBER	UR20/1771
SUPERSEDED DOCUMENTS	Code of Conduct (UR 92/597) Workplace Behaviour Statement

Version history

Version	Approved by	Approval date	Effective date	Sections modified
1.0	Council (COU 20-6/133)	25/11/2020	08/12/2020	New code.
1.1	Deputy Director, Corporate Governance (Delegation 3.14.2)	22/02/2022	03/03/2022	Minor change to reflect portfolio realignment under Fit for 2027 project.
1.1	Deputy Director, Corporate Governance (Delegation 3.14.2)	03/03/2022	03/03/2022	Change to statement 4.12 to ensure reference to modern slavery and wrongdoing.
1.2	Deputy Director, Corporate Governance (Delegation 3.14.2)	07/11/2022	05/12/2022	Minor change to reflect new position title of Executive Director, People and Culture.
1.3	Council (COU/22-6/128)	30/11/2022	15/12/2022	Changes resulting from the development of the new Sexual Harm Prevention and Response Policy, the new Accessibility and Inclusion Policy and the updated Equity, Inclusion and Respect Policy.
2.0	Council (COU/23-2/38)	19/04/2023	01/07/2023	Updates to definition and statements on conflicts of interest to align with the new Conflicts of Interest Disclosure Policy and as part of a full review. Minor change to reflect new title of the Health, Safety and Wellbeing Policy.
2.1	Director, Governance Support Unit (Delegation 3.14.1)	08/09/2023	30/09/2023	Changes resulting from the development of the Whistleblowing and Public Interest Disclosures Policy.
2.2	Council (COU/23-6/127)	29/11/2023	12/12/2023	Changes to reflect the new Academic Integrity Policy.
2.3	Deputy Director, Corporate Governance (Delegation 3.14.2)	20/06/2024	08/07/2024	Updates to reflect the review of the Acceptable Use of Information Technology Resources Policy and the Information Security Policy.