Academic freedom at UTS

Academic freedom and freedom of expression are paramount values of UTS.

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Academic freedom at UTS | What is academic freedom and freedom of expression | Exercising my academic freedom | Guidance for UTS students | Guidance for UTS staff | Reporting incidents of intimidation or harassment when exercising academic freedom | UTS operations | Contacts and further support

Academic freedom at UTS

Academic freedom and freedom of expression are paramount values of UTS, upholding the tradition of universities as places where knowledge is challenged and developed. These values are part of our ethos, without which we could not fulfil our vision. They are embedded in the way we do business — they are present in the University of Technology Sydney Act 1989 under which UTS was established — and expressed in our policies, codes and procedures.

Our rules, policies and staff agreements reinforce the university’s commitment to academic freedom and freedom of expression subject only to prohibitions, restrictions or conditions imposed by:

  • Australian law (for example, laws against discrimination, hate speech, harassment and vilification)
  • the reasonable and proportionate regulation necessary to the discharge of UTS's teaching and research activities (for example, that the requirements of external codes such as the Higher Education Standards Framework (Threshold Standards) 2021 (Cwlth) and the Australian Code for the Responsible Conduct of Research are upheld)
  • the reasonable and proportionate regulation necessary to discharge UTS’s duty to foster the wellbeing of students and staff
  • the reasonable and proportionate regulation to enable UTS to give effect to its legal duties (for example, privacy and intellectual property requirements).

Given its critical and foundational importance, UTS rights and responsibilities related to academic freedom and freedom of expression are integrated into the activities of the university and embedded in our policies, procedures and processes.

What is academic freedom and freedom of expression?

The following definitions are extracts from the Academic Freedom and Freedom of Expression Policy.

Academic freedom means the:

  • 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 scholarly standards
  • 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
  • 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
  • freedom of academic staff to participate in professional or representative academic bodies
  • freedom of students to participate in student societies and associations
  • autonomy of the higher education provider in relation to the choice of academic courses and offerings, the ways in which they are taught and the choices of research activities and the ways in which they are conducted.

Freedom of expression means the right of a citizen or community member to express a view (orally, in writing or through creative or cultural practice) without the threat of repercussion or consequence, provided that the view or expression does not contravene other Australian laws or, for staff, students and affiliates, university rules or policy, as outlined in the Academic Freedom and Freedom of Expression Policy.

Exercising my academic freedom

Specifically, this means UTS staff have the right 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 germane to their field of expertise and onus of responsibility within the university
  5. teach, assess and develop curricula within agreed collegial faculty processes, and
  6. participate in professional and representative bodies, including unions and engage in community service

without fear of harassment, intimidation or unfair treatment.

UTS students have the right to:

  1. pursue critical and open inquiry in the context of their courses
  2. research and publish in the context of their courses
  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 germane to their responsibility within the university
  5. participate in representative bodies

without fear of harassment, intimidation or unfair treatment (refer also Guidance for UTS students).

UTS visitors have the right to:

  1. participate in public debates and express opinions, including unpopular or controversial opinions about issues and ideas.

In exercising academic freedom and freedom of expression UTS staff, students and visitors will:

  1. act within the law
  2. act in accordance with any conditions UTS has set in relation to the use of its facilities
  3. act respectfully, courteously and professionally
  4. respect the confidentiality of the commercial and intellectual property interests of UTS, its staff, students and partners.

UTS will:

  1. act within the law
  2. foster the safety and wellbeing of staff, students and visitors
  3. maintain the institutional autonomy of the university through determining of the academic direction of the university and the allocation of university resources
  4. not allow any funding or other external arrangements to impinge on academic freedom or freedom of speech except where required by the law or the confidentiality of the commercial and intellectual property interests of UTS, its staff, students and partners
  5. seek information to inform and set conditions on approval of activities conducted at UTS to provide assurance that these principles will be adhered to.

Guidance for UTS students

In Australia, as part of our culture, customs and rules you can:

  • disagree about anything
  • have different opinions when discussing your coursework
  • write about your beliefs and opinions
  • show your beliefs in public
  • leave any club or organisation if you are uncomfortable

This is part of your academic freedom as a UTS student.

In exercising this academic freedom, you should not:

  • intimidate or harass others
  • use hate speech when discussing or disagreeing (for example, don’t use abusive or threatening speech against a particular group or individual, particularly on the basis of race, religion, gender identity, political views or opinions).
  • make threats by phone, text, or by any other means
  • make false accusations or try to ruin someone’s reputation due to a disagreement
  • share other people’s information without their consent (everyone has a right to privacy).

This behaviour is considered a form of misconduct at UTS. Refer to section 16, Student Rules which outlines details of what UTS considers misconduct.

Guidance for UTS staff

The following documents support UTS’s commitment to academic freedom and freedom of expression.

The following documents outline expected conduct at UTS, detailing how we should treat each other and how we should expect to be treated.

  • The Code of Conduct requires that staff and others working at UTS must act respectfully, fairly and lawfully, and ensure that their personal views made publicly are not attributed as UTS official views.
  • The Student Rights and Responsibilities Policy sets out what students can expect of the university and what is expected of them in terms of participation and behaviour. In particular, students are encouraged to express their opinions and participate in open discussion lawfully and respectfully to enhance open discussion and to consider the wellbeing of others.
  • The Equity, Inclusion and Respect Policy includes the responsibilities of members of the UTS community in exercising academic freedom and freedom of expression. These responsibilities include acting lawfully, fairly and respectfully, and not doing anything that compromises the health and safety of all those at UTS.
  • The Research Policy and associated procedures outline how research at UTS is conducted and managed. The Australian Code for the Responsible Conduct of Research establishes a framework for responsible and ethical research practices and principles. Researchers at UTS must be familiar with and comply with the principles and responsibilities outlined in the Australian Code and the Research Policy.
  • section 16.2, Student Rules specifies the types of behaviour that UTS will not accept and the difference between exercising academic freedom and engaging in misconduct.

Reporting incidents of intimidation or harassment when exercising academic freedom

Students and staff should report any incident of intimidation or harassment related to the suppression of academic freedom.

For help or support in making a report, students may contact a UTS counsellor. Counsellors can provide you with confidential support and assistance, help you with the reporting process and discuss your options.

Staff are encouraged to discuss any incidents with your supervisor, the People Unit or by accessing the Employee Assistance Program (EAP).

If you do not wish to report an incident, but require support or assistance in managing a breach of the Academic Freedom and Freedom of Expression Policy, a UTS counsellor, supervisor, the People Unit or the EAP are available to provide the necessary support and advice.

Making a report related to intimidation and harassment when exercising academic freedom

  • Staff or students wishing to make a direct report regarding an incident of intimidation or harassment when exercising academic freedom may submit an online form (login required).
  • When an incident of academic freedom related intimidation and harassment is made by either student(s) or staff to a member of staff, the staff member to whom the incident is reported must submit an online report (login required). This must be completed whether or not the staff or student has made a report themselves.
  • For racism, intimidation or other forms of harassment not related to academic freedom please refer to Where to get help for further guidance.
  • In case of an emergency or where you wish to report a serious incident, please contact UTS Security 1800 249 559 (in an emergency) or the police on triple zero (000) (refer Contacts and further support).

Privacy and confidentiality of your information

Information relating to a report of intimidation or harassment related to academic freedom will be handled in line with the privacy notice.

UTS operations

UTS's commitment to freedom of expression is also embedded in policies that govern the hiring of UTS facilities and public assembly on UTS grounds. These policies explicitly allow speakers, meetings and demonstrations on topics that may be controversial or divisive and do not create an unacceptable risk to people or UTS property.

Implementing the Academic Freedom and Freedom of Expression Policy

UTS staff use the following process to assess whether activities at UTS align with the Academic Freedom and Freedom of Expression Policy:

  1. Establish the facts of the case.
  2. On a reasonable assessment, decide whether the proposed speaker/event is likely to breach any lawful obligation.
  3. If the speaker/event is considered likely to be lawful, on a reasonable assessment decide the most appropriate channel, medium and forum for participants to exercise their academic freedom and freedom of expression.
  4. Determine whether the event can be managed safely for all and within a responsible resource allocation by the university.
  5. Make a decision, document it and proceed.

Responsibility for decision-making

Responsibility for this decision-making process will vary. For example:

  • For UTS sponsored events: deans, directors and members of the senior executive can sponsor and approve an event on UTS premises.
  • For external hire of UTS facilities: the Chief Operating Officer is the accountable officer for ensuring compliance with the Facilities Hire Policy. Facilities hire staff manage day-to-day decisions. They will seek advice from their management, the Vice-Chancellor's office or the Director, Marketing and Communication, as required. Under hire guidelines, the university is not required to give reasons for declining a request to hire.
  • For ActivateUTS facilities: the CEO is the accountable officer for hires. Senior operational staff of hire facilities make day-to-day decisions about hires. The CEO will consult with the Chair, ActivateUTS Board, or a member of the UTS senior executive.
  • For UTS Students' Association events: the president is the accountable officer for events arranged through the Association. UTS would seek to have the association apply UTS principles and, if using UTS facilities, would be subject to the decision-making processes outlined here. Students' Association officeholders, as students, are required to uphold the standards set in UTS rules, policies and codes.
  • In some cases: the Vice-Chancellor may seek advice from the senior executive, UTS Legal, Security and Emergency Management, and key stakeholders, as required.
  • In broad terms, the Vice-Chancellor and university leaders seek to sustain a culture where both the freedoms and related responsibilities are respected.

Documents

The following documents detail UTS's processes for assessing whether activities meet our academic freedom and freedom of expression principles.

Contacts and further support

Campus Security 
There is 24-hour security on campus at UTS. Security staff can take incident reports concerning your safety and can help you find support services. Visit a Security Office in Building 1, Building 5 or Building 8, or call 1800 249 559 in an emergency.

Counselling Service 
Access support and make a report in person during a counselling appointment. Please note that any urgent concerns for your safety or emergencies should first be made to Campus Security. Call (02) 9514 1177.

Employee Assistance Program 
For UTS employees, the Employee Assistance Program, or EAP (UTS ID and password needed for login) provides professional and confidential wellbeing coaching, which also extends to close family members.

Police — IN AN EMERGENCY, CALL TRIPLE ZERO: 000

Emergency contacts

Acknowledgement of Country

UTS acknowledges the Gadigal people of the Eora Nation, the Boorooberongal people of the Dharug Nation, the Bidiagal people and the Gamaygal people, upon whose ancestral lands our university stands. We would also like to pay respect to the Elders both past and present, acknowledging them as the traditional custodians of knowledge for these lands.