Staff Code of Conduct

Intent

The Staff Code of Conduct establishes James Cook University’s (JCU; the University) expectations on staff to uphold academic and research integrity, respectful conduct and professional behaviour in all aspects of University life (education, research and all related work and social activities). The Code of Conduct (the Code) provides a framework for staff to support ethical decision making based on principles of integrity, sound judgment and alignment with the University’s values, and to address breaches of the Code fairly, promptly and consistently.

This Policy addresses Higher Education Standards Framework (HESF) Standards 2.2, 2.3, and 5.2.

Scope

The Staff Code of Conduct applies to all staff and Affiliates of JCU where they are performing work, duties or functions for the University, as well as related activities such as work-related functions, travel, conferences, field trips or exchange programs and any circumstances where they are attending as a University staff member or Affiliate, either on-campus, off campus or online.

Definitions

Except as otherwise specified in this Policy, the meaning of terms used are as per the Learning and Teaching Policy Glossary and the Human Resources Policy Glossary.

Obligations and Expectations

1. In our professional actions, and in dealing with other staff, Affiliates, students and the community, we will be guided by the values and ethical principles expressed in the University's Corporate Strategy, and the Public Sector Ethics Act 1994 (Qld) (the Act).

2. The Act outlines four fundamental ethical principles which are fundamental to good public administration:

a. integrity and impartiality;

b. promoting the public good;

c. commitment to the system of government; and

d. accountability and transparency.

3. This Code operates in addition to the requirements of the Act, JCU’s Enterprise Agreement and other University policies, including but not limited to the Academic Freedom and Freedom of Speech Policy, Gender-based Violence and Sexual Misconduct Policy, Diversity and Inclusion Policy, Conflict of Interest Policy, Work Health and Safety Policy, and Social Media Policy.

4. The Code of Conduct ensures that all members of the University Community have the right to work, teach, research and socialise in an environment that is based on inclusivity and respect and is free from Bullying, Discrimination, Harassment and other forms of misconduct.

Obligation to seek excellence as part of a learning community

5. In our conduct, we will:

• endeavour to achieve excellence in the performance of our work and strive for continuous improvement;
• seek discoveries that make a difference through research, reflection and innovation;
• actively engage in learning and in personal and professional development;
• commit to maintaining academic integrity by ensuring that our work is our own, acknowledging the contributions of others, and adhering to ethical expectations in learning, teaching, research, and scholarly practice, including through the use of Artificial Intelligence;
• encourage participation in professional external activities, appropriate to our roles provided they do not impinge upon our prescribed duties;
• ensure alcohol consumption does not impair the work, learning or social environments of the University community;
• encourage collaboration across disciplinary and organisational boundaries; and
• comply with the ethical standards and legal obligations of our professions.

Obligation to act with integrity

In our conduct, we will:

• behave honestly, impartially and with integrity in a way that upholds the values of the University;
• act, at all times, with due care, diligence, and in good faith;
• adhere to ethical expectations around academic and research integrity and comply with the Code for the Responsible Conduct of Research;
• use University property and resources efficiently, carefully and honestly with due authorisation and without misappropriation (see the Fraud and Corruption Procedure);
• take responsibility for our mistakes, work to rectify problems as soon as possible, and ensure all colleagues are treated with fairness and dignity throughout that process;
• not make improper use of our position, status, power or authority to gain, or seek to gain, a benefit or advantage for ourselves or any other person;
• declare as soon as reasonably practicable and manage any conflict of interest (actual, potential or perceived), including but not limited to, past or current relationships with a staff member or student who reports to, or is taught by you in the course of employment, and in line with the Conflict of Interest Policy and Procedures;
• only accept gifts and benefits where these are not identified to influence our decision-making in line with the Reportable Gifts and Benefits Procedure;
• act within the limits of authority as specified in position descriptions, policies and schedules of delegations;
• comply with any lawful and reasonable direction given by someone who has authority to give that direction;
• exercise sound judgment considerate of community standards and expectations to make reasonable, well-considered decisions without bias and guided by facts, and provide reasons for these decisions, where required;
• adhere to proper records management practices and procedures, so that records are complete, up-to-date and capable of providing organisational accountability;
• maintain the confidentiality, privacy, integrity and security of University and personal information and ensure the proper use of information systems;
• report illegal, unethical and/or unacceptable behaviour, and protect those who make a disclosure in accordance with the Public Interest Disclosure Procedure;
• not attend work or perform duties or attend functions, events or conferences if under the influence of alcohol, illegal drugs or medication likely to cause danger to themselves or others or result in inappropriate conduct; and
• declare any criminal or civil proceedings that may impact on the staff member or Affiliate’s duties.

Obligation to exercise a duty of care and behave with respect for others

7. In our conduct, we will:

• treat all members of the University and wider community with dignity, respect and courtesy, in line with the Diversity and Inclusion Policy, and have regard for the rights and needs of others;
• not engage in vilification, discrimination, bullying, harassment, violence, or abuse;
• not engage in gender-based violence or sexual misconduct in line with the Gender-based Violence and Sexual Misconduct Policy;
• act to ensure equity, fairness and natural justice is afforded to all;
• seek to resolve disputes and complaints in a fair and timely manner and as per the relevant procedure;
• contribute to the creation of an environment which provides a safe and healthy workplace for staff, students and members of the community;
• be active bystanders to prevent, address and report behaviours which are unwelcome, discriminatory, or abusive; and
• use all forms of JCU social media platforms belonging to or connected with the University, for example Facebook, LinkedIn or X (formerly Twitter), in a responsible and appropriate manner (see clause 11 below on public comment).

Obligation to embrace sustainability and social responsibility

8. In our conduct, we will:

• strive to minimise the University’s environmental impact and to protect the natural environment;
• act to ensure the efficient, effective and sustainable use of resources;
• strive to embed environmental, social, economic and cultural sustainability in all our activities;
• strive to contribute to the cultural and social and economic advancement of our communities;
• promote socially inclusive employment practices; and
• treat animals with consideration and sensitivity.

Specific Expectations

9. Academic Freedom and Freedom of Speech  Academic freedom and freedom of speech is an essential element to the conduct of teaching and research in the University. The rights and obligations of staff, students, Affiliates and visitors are prescribed in the Academic Freedom and Freedom of Speech Policy.

10. Research Integrity The University is committed to maintaining an environment that fosters responsible research and a research culture that demonstrates honesty and integrity, respect for human research participants, animals and the environment, good stewardship of public resources used to conduct research, and responsible communication of research result. The Code for the Responsible Conduct of Research applies to any person or organisation conducting research under the auspices of JCU.

11. Public comment
Staff and Affiliates have a right to participate in public debates on any matter. In doing so, staff are expected to act in a private capacity without referring to their University affiliation except where the matter in question falls within their professional capacity and expertise at the University. Professional expertise does not confer protection from action for defamation. Staff should be particularly conscious of the reach and impact of social media sites such as Facebook, LinkedIn and X (formerly Twitter) and comply with the Academic Freedom and Freedom of Speech Policy and the Social Media Policy. Public statements representing the official view of the University are authorised through the Head, Media and Communications.

Official stationery, email accounts or any media displaying the JCU logo or name must not be used for private correspondence or for purposes not related to University work, duties or functions.

12. Character references Staff are not to provide character references in any Court or tribunal process for other staff or students in any professional capacity and must only do so in a personal capacity and without reference to the referee’s role with the University. If a staff member knows the person solely through their employment or enrolment, this is a professional capacity and does not constitute a personal capacity.

13. Freedom of Expression and Freedom of Association As per the Human Rights Act 2019 (Qld), every person has the right to hold an opinion without interference and has the right to freedom of expression which includes the freedom to seek, receive and impart information and ideas of all kinds, and the right of peaceful assembly and to associate with others.

14. Quality assurance
Staff and Affiliates will participate in periodic reviews to ensure the excellence of delivery of all teaching programs, research projects and administrative processes, and in any contract or agreement with partner organisations and suppliers.

15. Outside employment and external duties  When staff or Affiliates participate in professional activities outside the scope of their normal duties and as approved under the Staff External Professional Activities and Outside Employment Procedure, that they do not represent themselves as speaking or acting on behalf of the University.

Compliance with the Code of Conduct

16. JCU uses educative approaches for the prevention of bullying, discrimination, harassment, fraud, corruption and other forms of misconduct to inform members of the University community of their rights and responsibilities, to encourage the reporting of behaviour, practices or publications that contravene this policy, and ensure the University’s systems and processes are not discriminatory.

17. The University provides staff and Affiliates with access to education and training in relation to the requirements of this Staff Code of Conduct as prescribed in the Mandatory Training Policy. Where uncertain about the Code’s application or interpretation, staff should consult with their supervisor.

18. Failure to comply with the Code may lead to disciplinary action, and in serious cases may lead to termination of employment. Where a breach of the Code also breaches the law, JCU may also report the criminal activity to the police.

Reports and Complaints

19. JCU encourages any person who has experienced or witnessed misconduct/serious misconduct by, or directed towards, a member of the University Community to report the incident through the Reporting and Complaints Management Portal.

20. Bullying, discrimination and harassment matters are addressed through the Bullying, Discrimination and Harassment Complaint Procedure for Staff and Affiliates, fraud and corruption matters are addressed through the Fraud and Corruption Procedure, matters in relation to the Vice Chancellor through the Complaints about the Vice Chancellor Procedure, and Research Misconduct though the Managing and Investigating Potential Breaches of the JCU Code for the Responsible Conduct of Research Procedure.

21. Where staff or other persons make a Report or Complaint about suspected unlawful, negligent or improper conduct at the University or about danger to public health or safety or the environment, the Public Interest Disclosure Procedure may also apply.

22. Misconduct/Serious Misconduct matters are also described at clause 50 of the Enterprise Agreement.

Roles and Responsibilities

23. Every member of the University Community is responsible for taking reasonable care of their own health and safety and in exercising a duty of care to the health and safety of others. Any staff member or Affiliate who observes a member of the University Community who is not behaving with respect or integrity in line with the obligations outlined in this Code, if they are able to, and it is safe to do so, should intervene to stop the conduct at the time it occurs, and is required to report the conduct.

24. Managers and Supervisors: Members of the University Community in management or supervisory positions at the University are required to:

• ensure they take appropriate action to address or remedy the conduct expeditiously, including making a Report or encouraging the staff member who has experienced the behaviour to make a Report or Complaint when an instance of conduct that breaches the Code is brought to their attention;
• ensure that other members of the University Community under their supervision, are familiar with and understand their obligations under the University’s policies and procedures, and undertake mandated training where required;
• monitor workplace behaviours to ensure compliance with policies; and
• seek the advice of the Sexual Misconduct Officers if an incident of gender-based violence or sexual misconduct is identified, or consult a HR Business Partner or the Equity Contact Officers for matters relating to bullying, discrimination or harassment. If the Manager or Supervisor is unsure if an action or behaviour constitutes gender-based violence, sexual misconduct or bullying, discrimination or harassment, they are also required to seek advice.

25. Director, Human Resources (HR): The Director, HR will facilitate the provision of education and information to discourage Bullying, Discrimination, Harassment and other forms of Misconduct for Staff, monitor the effectiveness of this Policy, and manage the Reporting and Complaints Management Portal for staff. The Director, HR has accountabilities and responsibilities in Complaint processes where the Respondent to a Complaint is a staff member or Affiliate.

26. Equity Contact Officers (ECOs): Staff are able to contact an ECO to discuss options for internal and external support and making a Report or Complaint to the University on bullying, discrimination and harassment. ECOs also provide information and guidance on University policies and procedures.

27. Record keeping: Matters relating to Reports and Complaints on breaches of the Code of Conduct are confidentially managed, stored and archived in accordance with the Records Management and Information Privacy Policies. Matters are kept strictly confidential except in exceptional and very limited circumstances, where there is an immediate and serious risk to any individual’s health or safety, or where disclosure is required by legislation.

Related policy instruments

Bullying, Discrimination and Harassment Complaint Procedure for Staff and Affiliates

Complaints about the Vice Chancellor Procedure

Fraud and Corruption Procedure

Public Interest Disclosure Procedure

Reportable Gifts and Benefits Procedure

Staff External Professional Activities and Secondary Employment Procedure

Academic Freedom and Freedom of Speech Policy

Conflict of Interest Policy

Gender-based Violence and Sexual Misconduct Policy

Diversity and Inclusion Policy

Child Safety Policy

Code for the Responsible Conduct of Research

Managing and Investigating Potential Breaches of the JCU Code for the Responsible Conduct of Research Procedure

Compliance Policy

Mandatory Training Policy

Enterprise Agreement

Digital Technologies Acceptable Use Policy

Information Privacy Policy

JCU Delegations Policy

Right to Information Policy

Social Media Policy

Work Health and Safety Policy

Schedules/Appendices

Nil

Related documents and legislation

Australian Code of Practice for the Care and Use of Animals for Scientific Purposes

Human Rights Act 2019 (Qld)

Public Sector Ethics Act 1994 (Qld)

Administration

NOTE: Printed copies of this policy are uncontrolled, and currency can only be assured at the time of printing.

Approval Details

Revision History