Code of Conduct – University Council and its Committees

Intent

The Code of Conduct – University Council and its Committees establishes James Cook University’s (JCU; the University) expectations with respect to Council and Committee members’ respectful conduct and professional behaviour in all aspects of University life (education, research and all related Council/Committee and social activities). The Code of Conduct – University Council and its Committees (the Code) provides a framework for members 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, objectively and in accordance with the principles of natural justice.

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

Scope

This Code of Conduct applies to all members of Council and Council Committees and directly covers members’ conduct at all times whilst acting in their official capacity when representing the University, or attending University events, either on-campus, off-campus or online. It also applies to any conduct (for example, disgraceful or improper conduct) in members’ private capacity which:

(a)   ought to be perceived as undermining public confidence in the good name or integrity of the University; and

(b)   is an impediment to members’ ability to undertake their role as a member of Council or a Committee.

For the avoidance of doubt, this Code of Conduct does not apply to conduct that would ordinarily be considered to be of a purely private nature, or which does not constitute an impediment to members’ ability to undertake their role as a member of Council or a Committee.

If members are acting in their role as a director of a company or entity which is under University control and there is an inconsistency between this Code of Conduct and a duty of the member as a director under the Corporations Act 2001 (Cth), the duty under the Corporations Act 2001 (Cth) will take precedence.

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 roles as members, and in dealing with other members, 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. The 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 Interests Policy – University Council and its Committees, Work Health and Safety Policy, and Social Media Policy.

4. The Code 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 roles 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;
• maintain high standards of performance;
• 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 roles.

Obligation to act with integrity

6. 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 the system of University governance and ensure that ethical governance structures and systems are established and maintained;
• behave in a way that upholds the integrity and good reputation of the University;
• 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 whether real or perceived or intended or not;
• declare as soon as reasonably practical and manage any conflict of interests (actual, potential or perceived), including but not limited to, past or current relationships with a staff member or student in the course of acting in our roles and in line with the Conflict of Interests Policy – University Council and its Committees and Procedure;
• only accept gifts and benefits where these are not identified to influence our decision-making in line with the Reportable Gifts and Benefits Procedure;
• in the course of acting in our roles act within the limits of authority as specified in the Council Charter, 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 meetings 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 member’s duties.

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

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 in accordance with relevant procedures;
• contribute to the creation of an environment which provides a safe and healthy workplace for members, 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 well-being 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 members, staff, students, Affiliates and visitors are prescribed in the Academic Freedom and Freedom of Speech Policy.

10. Public comment

Members have a right to participate in public debates on any matter. In doing so, members 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. Members 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 activities, duties or functions.

11. Character references

Members are not to provide character references in any Court or tribunal process for other members, 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 member knows the person solely through their Council or Committee participation, this is a professional capacity and does not constitute a personal capacity.

12. 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.

13. Quality assurance

Members may participate in periodic reviews to ensure the excellence of governance processes, practices and procedures.

14. Outside employment and external duties

When members participate in professional activities outside the scope of their normal duties that they do not represent themselves as speaking or acting on behalf of the University.

Compliance with the Code of Conduct

15. 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.

16. The University provides members with access to education and training in relation to the requirements of this Code of Conduct. Where uncertain about the Code’s application or interpretation, members should consult with the Chancellor or the University Secretary.

17. Failure to comply with an obligation under this Code may lead to action by the Council to remove the member pursuant to the James Cook University Act 1997 (Qld). Where a breach of the Code also breaches the law, JCU may also report the criminal activity to the police.

Complaints regarding Conduct

18. The Chancellor is responsible for oversight of the process for managing Complaints regarding the conduct of a Council or Committee member, including preliminary assessment and coordination of investigation (including independent investigation where appropriate) and advice. Where a Complaint concerns the Chancellor, or the Chancellor has an actual, potential or perceived conflict of interest, the Deputy Chancellor will assume these responsibilities.

19. A matter concerning the Vice Chancellor will be dealt with in accordance with the Complaints about the Vice Chancellor Procedure. Where a Complaint is more appropriately dealt with under another University policy or procedure, including Gender-based Violence and Sexual Misconduct Procedure, the Fraud and Corruption Procedure or the Public Interest Disclosure Procedure, the Complaint may be referred and managed under that instrument or concurrently to the extent appropriate.

20. In dealing with an alleged breach of the Code, the Chancellor may obtain assistance from appropriate internal or external advisers, including for legal, procedural or investigative support, provided that any person engaged to assess, investigate or advise on the matter is appropriately qualified and does not have an actual, potential or perceived conflict of interest.

21. The Chancellor will undertake a preliminary assessment of the Complaint as expeditiously as circumstances allow. The preliminary assessment will consider whether the Complaint is within scope, whether it contains sufficient particulars to enable consideration, whether it may be vexatious or lacking in substance, whether it raises a matter that, if substantiated, could constitute a breach of this Code, and whether it should be referred under another University policy or procedure.

22. If, following the preliminary assessment, the Chancellor determines that the Complaint should not proceed, including because it is outside scope, lacks sufficient information, is vexatious, is more appropriately dealt with under another process, or does not raise a matter that, if substantiated, could amount to a breach of this Code:

a. the Chancellor must document the reasons for that decision;

b. the Complainant, if known, should be advised of the outcome and the reasons for the decision, subject to privacy, confidentiality and any legal constraints; and

c. the subject of the Complaint should be notified of the Complaint where this is appropriate having regard to procedural fairness, confidentiality, safety, legal privilege and any statutory reporting obligations.

23. Investigating a Complaint: If the Complaint proceeds, the Chancellor may appoint an appropriately qualified person to investigate the matter and provide a report. The investigator may be internal or external to the University, but must not have an actual, potential or perceived conflict of interest in the matter.

24. The investigation will be conducted in a manner that is fair and proportionate to the nature of the Complaint. The investigator may gather relevant information, interview relevant persons, and consider any documents or other material relevant to the allegations.

25. The subject of the Complaint will be given a reasonable opportunity to respond to adverse information before any finding is made, unless there is a lawful basis to delay or limit disclosure. A Complainant, or interviewee may be accompanied by a Representative in accordance with this Code.

26. Issuing allegations: If, after considering the investigation report, the Chancellor is satisfied that there is a sufficient basis to put allegations to the subject of the Complaint, the Chancellor will issue an allegation letter, which:

a. identifies the allegations and the conduct said to give rise to them;

b. identifies the provisions of the Code said to have been breached;

c. includes sufficient particulars of the allegations, together with any material to be relied upon to the extent appropriate and lawful; and

d. states the date by which the subject of the Complaint may provide a written response, being a reasonable period in the circumstances.

27. After considering the response, and any further inquiries the Chancellor considers necessary, the Chancellor will determine whether, on the balance of probabilities and having regard to the seriousness of the allegations, the conduct occurred and constituted a breach of the Code. The Chancellor will then provide Council with a report setting out the Complaint, the process followed, the findings made and any recommended outcome.

28. Any member of Council with an actual, potential or perceived conflict of interest in the matter, or who has had a prior investigative or advisory role in the matter, must not participate in Council’s consideration of the Complaint.

29. Council will consider the Chancellor’s report and determine whether a breach of the Code has been established. If Council determines that a breach has been established, Council may determine an appropriate outcome having regard to the nature and seriousness of the conduct, any prior relevant conduct, and any mitigating or aggravating factors. Outcomes may include:

a. that no further action is required; or

b. counselling education or another remedial action as Council considers appropriate; or

c. subject to section 26B of the James Cook University Act 1997 (Qld), removal from Council; or

d. for a co-opted member, removal from the relevant Committee; or

e. where the member is also a staff member, referral of the matter to the Director, Human Resources for consideration under the misconduct/serious misconduct clause in the Enterprise Agreement.

30. A Complaint and any matter relating to allegations associated with breaches of the Code will be treated as confidential and private to the parties involved to the extent reasonably possible and permitted by law, including having regard to procedural fairness, safety, legal obligations and the need for Council to discharge its responsibilities under this Code.

31. Record keeping: Records relating to Complaints under this Code will be managed, stored and archived in accordance with the Records Management and Information Privacy Policies.

Related documents and legislation

Conflicts of Interests Policy – University Council and its Committees

Council Charter

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

Academic Freedom and Freedom of Speech Policy

Gender-based Violence and Sexual Misconduct Policy

Diversity and Inclusion Policy

Child Safety Policy

Code for the Responsible Conduct of Research

Compliance Policy

Digital Technologies Acceptable Use Policy

Information Privacy Policy

JCU Delegations Policy

Right to Information Policy

Social Media Policy

Workplace Health and Safety Policy

JCU Enterprise Agreement

Related documents and legislation

Public Sector Ethics Act 1994 (Qld)

Human Rights Act 2019 (Qld)

James Cook University Act 1997 (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