Academic Freedom and Freedom of Speech Policy

Intent

James Cook University (JCU; the University) is committed to the protection and promotion of Academic Freedom and Freedom of Speech within the University. Academic freedom and freedom of speech are both of paramount value and are foundational to all of the University's endeavours and operations as an educational institution premised on the importance of the search for knowledge, understanding and truth.

Neither the exercise of Academic Freedom nor the exercise of Freedom of Speech is to be burdened by restrictions or burdens other than those imposed by law and set out in the principles of this Policy.

This Policy addresses Higher Education Standards Framework (HESF) Standards 2.3 and 6.1.4.

Scope

This Policy applies to all members of Council, staff, Affiliates and students of the University, regardless of location.

Definitions

Except as otherwise specified in this Policy, the meaning of terms used are as per the Policy Glossary.

1. Operation

1.1  The University has regard to the principles of the French Model Code in the drafting, review or amendment of University policy documents. University policy documents are interpreted and applied, so far as is reasonably practicable, in accordance with the French Model Code, as set out in this Policy. Any power or discretion under a University policy document will be exercised in accordance with this Policy.

1.2  This Policy prevails, to the extent of any inconsistency, over any policy or procedure of the University.

2. Principles

2.1  Council members, Staff, Affiliates and Students will:

2.1.1 value Academic Freedom and Freedom of Speech, and enquire, examine, criticise and challenge in the collegial and academic spirit of the search for knowledge, understanding and truth; and

2.1.2 in the exercise of Academic Freedom and Freedom of Speech and in respect to the University’s duty to foster the wellbeing of Students and Staff, act with integrity, have respect for others and seek excellence as part of a learning community.

2.2  Academic Freedom includes the rights to:

2.2.1 hold and express opinions about the operations of the University and higher education policy more generally;

2.2.2 pursue critical and open inquiry and to teach, assess, develop curricula, publish and research;

2.2.3 participate, in a personal capacity, in public debates about political and social issues;

2.2.4 participate in public debates as a recognised expert or as a person with recognised specialist knowledge;

2.2.5 participate in professional and representative bodies including industrial associations and to engage in community service without fear of harassment, intimidation or unfair treatment;

2.2.6 participate in student clubs, societies and associations and engage in student organised events and activities without fear of harassment, intimidation or unfair treatment;

2.2.7 express unpopular or controversial views, although this does not mean the right to harass, vilify, discriminate against or intimidate other persons.

2.3  Every member of the staff and every student at the university enjoys freedom of speech exercised on university land or in connection with the university subject only to restraints or burdens imposed by:

2.3.1 law;

2.3.2 the reasonable and proportionate regulation of conduct necessary to the discharge of the university’s teaching and research activities;

2.3.3 the right and freedom of others to express themselves and to hear and receive information and opinions;

2.3.4 the reasonable and proportionate regulation of conduct to enable the university to fulfil its duty to foster the wellbeing of students and staff;

2.3.5 the reasonable and proportionate regulation of conduct necessary to enable the university to give effect to its legal duties including its duties to visitors to the university.

2.4  Subject to reasonable and proportionate regulation of the kind referred to in the previous Principle, a person’s lawful speech on the university’s land or in or in connection with a university activity shall not constitute misconduct nor attract any penalty or other adverse action by reference only to its content.

2.5  Every member of the academic staff and every student enjoys academic freedom subject only to prohibitions, restrictions or conditions:

2.5.1 imposed by law;

2.5.2 imposed by the reasonable and proportionate regulation necessary to the discharge of the university’s teaching and research activities;

2.5.3 imposed by the reasonable and proportionate regulation necessary to discharge the university’s duty to foster the wellbeing of students and staff;

2.5.4 imposed by the reasonable and proportionate regulation to enable the university to give effect to its legal duties;

2.5.5 imposed by the university by way of its reasonable requirements as to the courses to be delivered and the content and means of their delivery.

2.6  The exercise by a member of the academic staff or of a student of academic freedom, subject to the above limitations, shall not constitute misconduct nor attract any penalty or other adverse action.

3. Grievance processes

3.1  Where a Council member, Staff member, Affiliate or Student believes their right to Academic Freedom or freedom of speech has been unreasonably restricted or limited, the following grievance processes apply:

3.1.1 Resolution of Grievances Procedure for Staff and Affiliates;

3.1.2 Student Complaint Policy for Students; and

3.1.3 referral to the Chancellor for members of Council.

Related policy instruments

Code of Conduct - University Council

Staff Code of Conduct

Student Code of Conduct

JCU Code for the Responsible Conduct of Research

Visiting Speaker and Event Policy

Resolution of Grievances Procedure

Student Complaints Policy

Student Complaints Procedures

Schedules/Appendices

Nil

Related documents and legislation

Australia:

Higher Education Support Act 2003 (Cth)

Higher Education Standards Framework (Threshold Standards) 2021 (Cth)

Age Discrimination Act 2004 (Cth)

Anti-Discrimination Act 1991 (Qld)

Australian Human Rights Commission Act 1986 (Cth)

Disability Discrimination Act 1992 (Cth)

Human Rights Act 2019 (Qld)

Racial Discrimination Act 1975 (Cth)

Sex Discrimination Act 1984 (Cth)

Singapore:

Constitution of the Republic of Singapore (Article 14)

Maintenance of Religious Harmony Act 1990

Protection from Online Falsehoods and Manipulation Act 2019

Protection from Harassment Act 2014

Public Order Act 2009

Internal Security Act 1960

Administration

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

Approval Details

Revision History