(1) The University is committed to and supports the exercise of academic freedom and freedom of speech. Academic freedom and freedom of speech is a defining value of the University and should not be unnecessarily burdened by restrictions other than those imposed by law and set out in the principles of the Model Code. (2) This Policy is based on A model code for the protection of freedom of speech and academic freedom in Australian higher education providers (3) Staff members and students of the University enjoy freedom of speech on land of the University or in connection with a University activity, subject to Reasonable Free Speech Restrictions as set out in the University’s governance documents, which may include reasonable and proportionate restrictions of conduct necessary to: (4) Subject to Reasonable Free Speech Restrictions: (5) Academic staff members and students at the University enjoy academic freedom, subject to Reasonable Academic Freedom Restrictions as set out in the University’s governance documents, which may include: (6) The exercise of academic freedom by academic staff members and students should not constitute misconduct or attract any penalty, subject to Reasonable Academic Freedom Restrictions. (7) In entering into affiliation, collaborative or contractual arrangements with third parties and in accepting donations from third parties subject to conditions, the University should take reasonable steps to minimise the restrictions or burdens imposed by such arrangements on the freedom of speech of staff members and students or academic freedom of academic staff members and students. (8) Academic staff members may provide a warning for students about content that may be confronting to some members of a class of student, but they are not obliged to do so. (9) Academic staff members must comply with any governance document supportive of the University's duty to foster the wellbeing of staff members and students. (10) Academic staff members are not precluded from including academic content solely on the ground that it may offend or shock any student or class of students. (11) Staff members seeking to exercise academic freedom and freedom of speech must comply with their employment obligations and conditions of employment. (12) External visitors and invited visitors are able to seek permission for the use of University land or facilities, subject to Reasonable Use Restrictions as set out in the University’s governance documents, which may include: (13) External visitors and invited visitors should not be refused permission solely on the basis of the lawful content of the proposed speech by the visitor but may be subject to Reasonable Use Restrictions. (14) Non-compliance with Governance Documents is considered a breach of the Code of Conduct and is treated seriously by the University. Reports of concerns about non-compliance will be managed in accordance with the applicable disciplinary procedures.Academic Freedom and Freedom of Speech Policy
Section 1 - Policy Statement
Policy Principles
Principles
Section 2 - Non-compliance
Section 3 - Definitions
Academic freedom
means the:
freedom of academic staff members to teach, discuss, research and to disseminate and publish the results of their research;
freedom of academic staff members 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 members and students to express their opinions in relation to the University;
freedom of academic staff members to participate in professional or representative academic bodies;
freedom of students to participate in student societies and associations;
autonomy of the University 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.
Duty to foster the wellbeing of staff members and students
includes:
the duty to ensure that no member of staff and no student suffers unfair disadvantage or unfair adverse discrimination on any basis recognised at law including race, gender, sexuality, religion and political belief;
the duty to ensure that no member of staff and no student is subject to threatening or intimidating behaviour by another person or persons on account of anything they have said or proposed to say in exercising their freedom of speech;
supporting 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, harass or bully other persons and which is intended to have any one or more of those effects;
ensuring that the University fulfils any other legal obligations with respect to the protection of staff members and students.
External visitor
means any person who is not an invited visitor and for whom permission is sought to speak on the University’s land or facilities in accordance with the University's policies and procedures.
Invited visitor
means any person who has been invited by the University to speak on the University’s land or facilities in accordance with the University's policies and procedures.
Speech
means 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.
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