View Current

Freedom of Speech Principles and Academic Freedom Statement

This is the current version of this document. To view historic versions, click the link in the document's navigation bar.

Section 1 - Objective and Scope

(1) The University of New England affirms Freedom of Speech and Academic Freedom as core UNE values demonstrating UNE’s commitment to:

  1. support a person’s right to freedom of speech to the broadest extent possible, and consistent with the core values and functioning of the University; and
  2. establish, promote, develop and maintain supports and avenues for the fullest exercise of freedom of speech, academic freedom and free intellectual inquiry.

(2) These Principles apply to and are to be observed by all UNE Representatives including representatives of UNE’s Controlled Entities, external visiting speakers and internal visiting speakers.

(3) Within these Principles:

  1. Part A outlines UNE’s Freedom of Speech principles and how they are supported; and
  2. Part B states UNE’s commitment to Academic Freedom and attendant considerations to uphold these freedoms within the University context.

Part A - Freedom of Speech Principles

Principles

Principle 1 – The University values freedom of speech

(4) The University values freedom of speech:

  1. for its own sake (encouraging individual and institutional autonomy, speech and expression); and
  2. for its contribution to the broader public good, democracy and civil society.

Principle 2 - The University upholds the right of all persons to speak publicly on any issue in their private capacity

(5) The University upholds the right of all persons to speak publicly on any issue, including in relation to UNE and to lawfully and freely express their opinions in their private capacity as an individual member of society.

  1. Persons who are University Representatives should ensure when exercising lawful freedom of speech that they do not represent themselves as spokespersons for the University unless they are authorised to do so, consistent with the Code of Conduct and the UNE Media Policy.
  2. University Academic staff should ensure when exercising lawful freedom of speech in relation to academic matters that UNE’s Academic Freedom Statement is considered.

Principle 3 - The University actively promotes freedom of lawful speech 

(6) The University actively promotes freedom of speech by:

  1. establishing, promoting, developing and maintaining supports and avenues for the fullest exercise of freedom of speech, academic freedom and free intellectual inquiry;
  2. committing to openness of conduct of the University, including through openness of governance, open access of documentation, encouragement of internally produced free media, and the encouragement of civil, robust and rigorous debate; and
  3. encouraging participation from all members in UNE decision-making bodies and the expression of diverse views and perspectives to inform resolutions.

Principle 4 - The University retains the right and responsibility to determine the terms of conditions of the use of University facilities for speech  

(7) On notification of a request for public events and discourse, the University has the right and responsibility to determine the terms and conditions upon which it shall permit external visitors and invited visitors to speak on university land and use university facilities.

Part B - Academic Freedom Statement

Principles

Principle 1 – Academic Freedom is a fundamental principle that is foundational to the University’s existence and purpose.

(8)  The ultimate aim of the University is the common good which is served by academic freedom through the pursuit of truth, the advancement of learning and the sharing of knowledge for both its own sake and for the betterment of all in society both specifically and generally, and in particular to address social and environmental challenges, and current and historic injustices and silences.

(9) The University upholds academic freedom as a fundamental principle, reflecting the University's appreciation of academic freedom as essential to the conduct of a free and democratic society and to the quest for intellectual, moral and material advancement through informed comment and debate.

Principle 2 – Academic Freedom is a composite principle comprising institutional and collective autonomy, academic and self-governance of the university and of the academy, as well as the freedom and autonomy of individual staff and students.

(10) All members of the academy, and broader collegiate, are free to learn, pursue, create, critique and contribute knowledge through research, education, publication and dissemination, including through participation in disciplinary and professional communities, academic and institutional governance, engagement in free and open inquiry and public debate, and in the development, evolution and questioning of standards and practices of scholarship and of governance, including criticism of higher education institutions, and systems, including their own, without interference or constraint, censorship or penalty, wherever the search for truth and understanding may lead.

(11) As a composite principle academic freedom is both a shared freedom and a shared responsibility. Both the academy and the institution have freedom and responsibility regarding research and teaching and in decision-making about research and teaching, as well as in administration and governance of the university.

Principle 3 – Academic Freedom requires the active support of the State, the institution, and the academy.

(12) It is the responsibility of the University and of all staff and students to exercise, and maximise, academic freedom, and to do so according to the appropriate scholarly standards. Academic freedom should be given the fullest expression possible in order to ensure maximum benefit to present and future communities and environments, including for peace and sustainability, through encouragement and support of creative and critical thinking, diversity and plurality of thought and perspectives, robust and rigorous reasoning and debate, challenging of ideas and accepted tenets, and open communication, collegiality and collaboration, that are all essential for the maximization of the benefits of academic freedom. Academic freedom is supported by diversity in representation, transparency and accountability, and by research ethics requirements and observation of basic norms of civil conduct and a nurturing learning environment that enables the fullest and proper exercise of academic freedom.

(13) It is recognised that the role of the State is to advance and promote academic freedom to the fullest extent possible in order including by the provision of sufficient support to the University to enable full autonomy.

Top of Page

Section 2 - Authority and Compliance

Compliance

(14) The freedoms expressed in this policy are consistent with the University of New England Act 1993 (NSW) and its references within UNE’s object and principal functions, including:

  1. UNE’s object, which is: 'the promotion, within the limits of the University's resources, of scholarship, research, free inquiry, the interaction of research and teaching, and academic excellence'.
  2. UNE’s principal functions including:
    1. the encouragement of the dissemination, advancement, development and application of knowledge informed by free inquiry (Section 6(2)(b));
    2. the participation in public discourse (Section 6(2)(d)); and
    3. the provision of teaching and learning that engage with advanced knowledge and inquiry (Section 6(2)(f)).

(15) The Higher Education Support Act 2003 (Cth) (as amended) requires all higher education providers to have policy material that 'upholds freedom of speech, academic freedom and free intellectual inquiry in relation to learning, teaching and research' (Section 19-115).

(16) The Higher Education Standards Framework (Threshold Standards) 2015 requires that (Part B, B1.1 “Higher Education Provider” Category):

  1. The higher education provider has a clearly articulated higher education purpose that includes a commitment to and support for free intellectual inquiry in its academic endeavours.
  2. The higher education provider delivers teaching and learning that engage with advanced knowledge and inquiry.
  3. The higher education provider’s academic staff are active in scholarship that informs their teaching, and are active in research when engaged in research student supervision.

(17) The UNE Academic and English Language Teaching Staff Enterprise Agreement 2020-2022 and the UNE Professional Staff Enterprise Agreement 2019-2022 (clause 5.2(d)) states ‘The University and its Employees are committed to the

  1. protection and promotion of intellectual freedom within the University where Employees are able to:
    1. participate in public debates relating to decision making processes and express opinions about issues and ideas related to their discipline area or areas of professional expertise and about higher education issues more generally;
    2. express opinions or comment outside their discipline or areas of professional expertise as long as they do so on their own behalf and do not claim to represent the University;
    3. pursue critical and open academic inquiry and to freely discuss, publish and research;
    4. express unpopular or controversial views which do not defame, harass, vilify or intimidate; and
    5. participate in professional and representative bodies, including Unions, and engage in community service without harassment, intimidation or unfair treatment.

(18) These values are supported:

  1. as part of UNE’s overarching Code of Conduct for all University Representatives; and
  2. within other policies and guidelines of the University.

Authority

(19) These Principles and Statement are made by the Council, pursuant to Section 29 of the University of New England Act and have the effect of a Rule.

(20) UNE students, UNE Representatives and Controlled Entities must observe these Principles and Statement in relation to University matters.

(21) The Custodian of these Principles and Statement is the Vice-Chancellor and Chief Executive Officer who is authorised to make attendant protocols or associated information compatible with the provisions of these Principles and Statement.

(22) These Principles and Statement operate from the Effective Date.

(23) Previous statements/Rules regarding intellectual or academic freedom are replaced and have no further operation from the Effective Date of this new Rule. 

Top of Page

Section 3 - Definitions (specific to these Guidelines)

(24) Intellectual Freedom is the freedom to conduct research, teach, learn, speak, and publish, subject to the norms and standards of scholarly inquiry, without interference or penalty, wherever the search for truth and understanding may lead.

(25) Scholarly Standards are the University’s expectation of academic quality and integrity and may consider factors including

  1. academic and research ethics;
  2. scientific and disciplinary specific methods and knowledge;
  3. evidence or reasoning at an appropriate advanced level to demonstrate academic merit;
  4. observation of norms of lawful and public dialogue; and
  5. professional conduct acting in good faith.

(26) Speech extends to all forms of expressive conduct including oral speech and written, artistic, musical and performing works and activity; the word ‘speak’ has a corresponding meaning.

(27) External Visiting Speaker is any person who is not an invited visiting speaker and for whom permission is sought to speak on the university’s land or facilities.

(28) Invited Visiting Speaker is any person who has been invited by the University or by a student society or association or group of students or representative body or by a member or members of the academic staff of the university to speak on the university’s land or facilities.