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

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Academic freedom at UTS | What is academic freedom | Exercising academic freedom | Guidance for responsible freedom of expression | UTS commitment to academic freedom | Reporting incidents of intimidation or harassment when exercising academic freedom | Implementing the Academic Freedom and Freedom of Expression Policy

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 (NSW) (the UTS Act) 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 (Cth) 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?

The following definition is taken 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 aligned with UTS’s standing as an institution of higher learning
  • 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, how they are taught and the choices of research activities and how they are conducted.

Exercising academic freedom

Specifically, this means UTS staff have the right to, without fear of harassment, intimidation or unfair treatment:

  • pursue critical and open inquiry
  • research and publish
  • participate in public debates and express opinions, including unpopular or controversial opinions about issues and ideas
  • participate in an appropriate form in decision-making processes and structures germane to their field of expertise and onus of responsibility within the university
  • teach, assess and develop curricula within agreed collegial faculty processes, and
  • participate in professional and representative bodies, including unions and engage in community service.

UTS students have the right to, without fear of harassment, intimidation or unfair treatment:

  • pursue critical and open inquiry in the context of their courses
  • research and publish in the context of their courses
  • participate in public debates and express opinions, including unpopular or controversial opinions about issues and ideas
  • participate in an appropriate form in decision-making processes and structures germane to their responsibility within the university
  • participate in representative bodies.

UTS visitors have the right to:

  • 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:

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

UTS will:

  • act within the law
  • foster the safety and wellbeing of staff, students and visitors
  • maintain the institutional autonomy of the university through determining of the academic direction of the university and the allocation of university resources
  • 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
  • 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 responsible freedom of expression

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.

In exercising this academic freedom, you should not:

  • intimidate, threaten, coerce or harass others by any means
  • 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 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).

UTS commitment to academic freedom

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

  • The Academic Freedom and Freedom of Expression Policy supports the responsible pursuit of free inquiry, informed discourse and public debate at UTS.
  • Part 2, section 6 of the UTS Act: The UTS Act is the legislation that sets out the parameters of UTS’s governance and activities. The object of the university includes the promotion of free inquiry and its principal functions include participation in public discourse.
  • UTS Staff Agreement includes a staff academic freedom and freedom of expression clause.
  • The Equity, Inclusion and Respect Policy states that staff and students are free to express and discuss political, religious, cultural and related beliefs and ideas and 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 UTS Social Impact Framework expresses the importance of academic freedom in UTS’s pursuit of positive social impact.
  • 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.

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 via the Student Complaints Policy or the Staff Complaints Policy. 

If you have concerns about something you have witnessed, you are encouraged to come forward to UTS to report your concern or to seek help. More information is available at Speak up at UTS. 

For help or support in speaking up about an incident the following options are available:

  • students may contact a UTS counsellor who can provide you with confidential support and assistance, help you with the reporting process and discuss your options.
  • staff can discuss any incidents with your supervisor, the People Unit or by accessing the Employee Assistance Program (EAP).

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

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.

Implementing the Academic Freedom and Freedom of Expression Policy

UTS's commitment to freedom of expression is also embedded in other UTS policies and processes that govern the use of our campus and the hiring of UTS facilities. 

The following processes are used to assess whether activities at UTS align with the Academic Freedom and Freedom of Expression Policy:

  • Establish the facts of the case.
  • On a reasonable assessment, decide whether the proposed speaker/event is likely to breach any lawful obligation.
  • 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.
  • Determine whether the event can be managed safely for all and within a responsible resource allocation by the university.
  • 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: members of the University Leadership Team and directors can sponsor and approve an event on UTS premises.
  • For general use of the campus: the Campus Policy applies.
  • For external hire of UTS facilities: decisions are made in line with the Facilities Hire Policy.
  • 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 University Leadership Team.
  • 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 University Leadership Team, the Office of General Counsel, Security and Emergency Management and key stakeholders, as required.
  • In broad terms, the Vice-Chancellor and University Leadership Team seek to sustain a culture where both the freedoms and related responsibilities are respected.

Documents

The following documents detail UTS's processes for implementing academic freedom and freedom of expression principles.