Overview

1. Introduction

1.1 The University recognises its staff as its greatest asset. The purpose of the Code of Conduct is to guide and enhance the conduct of staff in performing their duties in the collegial environment of the University. The Code of Conduct has the support of the University's governing body, Senate, and applies to all officers and employees of the University.

1.2 There are five fundamental ethical principles enshrined in the Public Sector Ethics Act 1994, from which the ethical obligations contained in the University's Code of Conduct are derived. The ethical obligations are summarised in this section. More detailed advice on these ethical obligations is contained in the description below and in University policies and procedures.

1.3 Respect for the law and system of University Governance

• Staff should observe the laws of the State and the Commonwealth, and the statutes and rules of the University
• This obligation is not intended to detract from the concept and practice of academic freedom, which is essential to the proper conduct of teaching, research and scholarship

1.4 Respect for persons

Staff should treat students, other staff and members of the community equitably and with respect. This involves:

• Courtesy and responsiveness in dealing with others
• A responsibility of fairness in supervising other staff
• Making decisions that are procedurally fair to people
• Avoiding unfair discrimination, for example, on grounds such as gender, race, religion
• Engaging in rational debate and allowing alternative points of view to be expressed
• Avoiding behaviour which might reasonably be perceived as harassing, bullying or intimidating
• A responsibility of fairness and the encouragement of independent scholarly learning in the teaching role

1.5 Integrity

Staff should be honest in carrying out their duties, and avoid conflicts between their private interests and their University responsibilities with respect to:

• Personal relationships
• Sexual relationships
• Financial relationships
• Receipt of gifts
• Outside work
• Use of confidential information obtained in the course of University duties
• External activities and public comment

Staff are supported in innovative and independent research, but in doing so, should adhere to principles for the ethical conduct of research.

1.6 Diligence

Staff should carry out their duties in a professional and conscientious manner. This involves:

• Carrying out official decisions and policies faithfully and impartially
• Seeking to attain the highest possible standards of performance
• Exercising care for others in employment-related activities
• Ensuring that personal use of alcohol and other drugs does not interfere with the proper performance of University activities
• Adhering to professional codes of conduct where applicable

Staff are encouraged to report fraud or corrupt conduct to appropriate University or external authorities.

1.7 Economy and Efficiency

• Staff should use University material and financial resources only for legitimate University purposes
• Staff should avoid waste
• Staff should maintain adequate security over University property, facilities and resources

1.8 Staff should familiarise themselves with the Code of Conduct and endeavour to ensure that its principles are observed at all times. Significant departures from the standards of conduct outlined in the Code of Conduct may amount to misconduct on the part of the individual staff member.

1.9 As a companion to this document the University has also produced Guidelines for Ethical Conduct which explain in greater detail standards of conduct expected of staff.

Description

2.1 The University's mission is to extend, evaluate, preserve and transmit ideas and knowledge through teaching and research of the highest international standards for the particular benefit of Queensland and the good of the wider national and international community.

2.2 In achieving this mission, the University recognises that its staff are its greatest asset. The purpose of the University's Code of Conduct is to guide and enhance the conduct of staff in performing their duties in pursuit of this mission.

2.3 The University community is complex, with a large and diverse population of staff and students. As an organisation, it plays an important role in society generally (by the provision of teaching, research and community service) and it receives a significant proportion of its funding from public moneys. The primary role of the University in advancing knowledge requires that it safeguards its institutional autonomy and protects academic freedom. In advancing knowledge, research ethos encourages independence and innovation in ideas and methods. The University values a collegiate environment as the best means of fostering the advancement of knowledge.

2.4 These aspects of the University's character and status as an organisation, together with the ethics obligations outlined in sections 7 to 11 of the Queensland Public Sector Ethics Act 1994,^[1] are reflected in the standards for staff conduct outlined in the University's Code of Conduct. The Code of Conduct has the endorsement of the University's governing body, Senate.

2.5 The Public Sector Ethics Act identifies five fundamental ethical values which should guide the behaviour of staff in public sector organisations. These are:

• respect for the law and system of government
• respect for persons
• integrity
• diligence
• economy and efficiency

2.6 The Code applies to all officers and employees of the University, whether full-time, part-time or casual appointees, and to members of the University Senate. Visiting and adjunct academics, and others acting in a voluntary capacity, are also expected to act in a manner consistent with the ethical obligations, while participating in the life of the University community.

2.7 Traditionally, universities are places where academic and research staff have been encouraged to observe and to comment upon or criticise society and its activities. Universities also encourage the development of new concepts through research and open discussion. The exploration of unconventional views is not merely tolerated but encouraged. The Code of Conduct is not intended to derogate from this traditional and independent right to comment on matters of public concern or to pursue research on matters of public controversy. Administrative and support staff, in facilitating academic and research endeavours, should also seek to protect the appropriate exercise of academic freedom within the scope of their duties.

2.8 While the Code of Conduct expresses the professional commitment of staff in their service to the University, the University as an institution also encourages its staff to aspire to the highest standards of conduct. The focus is therefore supportive and educative. Reference is made to specific University policies which provide detailed guidance on particular points and which will assist staff members in carrying out their duties and responsibilities appropriately.

2.9 However, the Code of Conduct does regulate staff behaviour. Thus, where conduct falls below the standards outlined in the Code of Conduct, staff may be counselled in accordance with normal performance management strategies. Significant departures may amount to misconduct on the part of the individual staff member.

2.11 Staff or students having concerns regarding the application or contravention of the Code in a particular situation should be aware that grievance procedures exist in respect of many University policies. Where grievance procedures do exist, concerns should be raised with the officer designated in that policy.

2.12 In other situations, staff or students should consult their immediate supervisor, head of department, or if applicable, a designated person such as a departmental ombudsman.^[2]

3. Respect for the Law and System of University Governance

3.1 Obligation to observe the law

3.1.1 University staff, in common with all citizens, have an obligation to observe the laws of the State and the Commonwealth. Staff should comply with the statutes and rules of the University.

3.2 Academic freedom

3.2.1 The obligation is not intended to detract from the concept and practice of academic freedom, which is regarded by the University as fundamental to the proper conduct of teaching, research and scholarship. Academic and research staff should be guided by a commitment to freedom of inquiry. This commitment is expressed in their teaching and research and in their role in advancing the intellectual heritage of their society. Academic and research staff should exercise their traditional rights to examine social values and to criticise and challenge the belief structures of society in the spirit of a responsible and honest search for knowledge and its dissemination. For example, academic freedom entitles an academic or research staff member to challenge and criticise ideas and methods but not to defame others.

4. Respect for persons

4.1 The University seeks to create an environment where all persons are treated equitably and with respect, where persons' rights are respected and where staff and student efforts are encouraged and their achievements given due recognition.

4.2 Respect for persons extends to the manner in which University staff deal with students, other staff and members of the community. The University regards a staff member's personal behaviour towards and interaction with others as a vital part of the duties of their position. A collegial working environment is particularly encouraged.

4.3 Courtesy and responsiveness

4.3.1 University staff are expected to be responsive, courteous and prompt in dealing with others, whether students, other staff (irrespective of their position or seniority) or members of the community. For example, persistently rude or insulting behaviour towards other members of staff is unacceptable.

4.4 Obligations of staff supervising other staff

4.4.1 University staff who supervise other staff have special responsibilities to treat their staff fairly and to afford staff equality of opportunity, to maintain open and honest communication with them and to ensure that their staff understand performance standards expected of them. Evaluations of staff performance should be undertaken against these standards objectively and without bias.^[3] For example, a supervisor should make available development and training opportunities without patronage or favouritism. Formal and informal mechanisms for consultation and communication with staff within a department or section are encouraged.

4.5 Making fair decisions

4.5.1 When making a decision, taking action of a discretionary nature or resolving a grievance which may adversely affect a person's rights, liberties, interests or legitimate expectations, the principles of procedural fairness should be applied. This means that persons affected should have the opportunity to respond to allegations or assertions made and to have a decision made without bias. Decisions should be based on considerations relevant to the matter at hand. Decisions may be accepted more readily if reasons are given. For example, where an adverse report is received concerning a staff member's performance or conduct, that staff member should be given the opportunity to respond.

4.6 Staff must not unfairly discriminate

4.6.1 Staff should treat other persons equitably, irrespective of gender, sexual orientation, race, disability or medical condition, cultural background, religion, marital status, age or political conviction.^[4] For example, it is irrelevant to the determination of the grade to be awarded to a student to take into account factors such as gender.

4.7 Respect for the opinions of others

4.7.1 At a University, different opinions and perspectives are accommodated and respected, and disagreements are dealt with by rational debate. Rational debate presupposes open communication and the freedom to voice alternative points of view. Staff should not cut off rational debate by verbal or physical violence or intimidation. For example, criticism of ideas should be distinguished from personal criticism; and staff should not verbally abuse, vilify or belittle students or other staff (including their supervisors) either personally or to others.

4.8 Harassment and bullying unacceptable

4.8.1 Staff must not engage in conduct which amounts to or may be perceived as sexual, racial or gender-based harassment. Staff should not behave towards other persons in a manner which may reasonably be perceived as an intimidating, overbearing or bullying.^[5] For example, shouting at other staff or students is commonly perceived as intimidating or bullying, which is not acceptable; harassment of a person who has disclosed misconduct or impropriety is unacceptable.

4.9 Obligations of University teachers

4.9.1 Staff involved in teaching or research training should encourage the pursuit of independent scholarly learning, critical judgment, academic integrity and ethical sensitivity in their students, and should themselves demonstrate these qualities in their interactions with students. Teaching staff should behave courteously towards students and should be sensitive to students' need for feedback and consultation. The interests of students should be given primary consideration in the relationship of trust which exists between teaching staff and their students. Evaluations of students should reflect each student's true merit.^[6] For example, significant scholarly or academic assistance or contributions from students should be acknowledged, for instance, where this has given rise to publication; expectations of students in respect of assessment criteria should be explained clearly and in a timely fashion; teaching staff should make themselves available for individual consultation by students for reasonable periods of time, whether in person or by other means; a student should not be unfairly penalised for adhering to a defensible alternative view or approach.

5. Integrity

5.1 University staff are placed in a position of trust: they manage University resources, have access to University information and make decisions that affect the interests of others. Staff may be in a position of power over more junior staff or students. Research undertaken by University staff will be considered by other members of the academic community and may be relied upon by government or members of the community generally as the basis for future conduct.

5.2 Avoiding conflicts of interest

5.2.1 The trust that is placed in University staff requires that staff conduct themselves with honesty, fairness and propriety. This means that staff should avoid conflicts between their private interests and University responsibilities and should avoid situations where there is a reasonable basis for the perception of such a conflict.^[7] The obligations outlined in the following paragraphs detail specific occasions when conflicts of interest might occur.

5.3 Personal relationships

5.3.1 A conflict of interest can arise where a staff member makes or participates in decisions affecting another person with whom the staff member has a personal relationship (such as near relative, spouse, close friend or personal associate). There are a number of situations in the course of a staff member's duties in which a conflict may arise, for instance, in the marking of student assignments or examination papers, in appointment, supervision and promotion of staff and in the awarding of research or other financial assistance to staff or students. Where such a conflict arises in a clear case, a staff member should withdraw himself or herself from the situation. Where the relationship is not so close, the staff member should discuss the issue with someone in authority.^[8] For example, a member of the academic staff should not participate in decisions relating to assessment or the determination of a grade for a close friend, and a member of staff should not participate in decisions relating to the appointment of a relative.

5.4 Sexual relationships

5.4.1 While it is recognised that staff may sometimes form consensual sexual relationships with other staff or, in some cases, with students, such relationships should not intrude or be seen to intrude on the teaching and research environment or on the workplace generally, since workplace practices may be compromised. Such relationships may also create difficulties in maintaining the boundaries between professional and personal life and may compromise the professional or personal standing of either one or both of the persons involved. Difficulties may also arise from the unequal power of the persons concerned. This is particularly acute in relationships between staff and students.^[9]

5.4.2 Staff involved in a sexual relationship giving rise to a potential conflict of interest should discuss this with their head of department or immediate supervisor. Alternatively, in personally delicate situations, the staff member should discuss the issue with an even more senior officer who may not be in daily contact with those involved. In every case, it is in the staff member's best interests that a responsible University officer knows of the situation in enough detail to provide advice if it becomes necessary.

5.4.3 Staff who become involved in a situation where a sexual relationship is a source of conflict of interest must withdraw from the situation giving rise to the conflict.

5.4.4 Staff in supervisory positions, in particular, must be alert to the conflicts which such a relationship may create in the workplace, and to the need to handle such situations in a sensitive manner. For example, astaff member who becomes involved in a sexual relationship with a postgraduate student under his or her supervision should withdraw from the supervisory role.

5.5 Financial relationships

5.5.1 Financial relationships (for instance, where a staff member has a pecuniary interest in a company from which equipment is purchased or services obtained) can also give rise to a conflict of interest. Such a relationship must be disclosed before any question of purchasing or other financial or contractual decisions or dealings may arise. In general, staff should avoid involvement in such transactions.^[10]

5.6 Receipt of gifts

5.6.1 University staff should not ask for or encourage the giving of any form of gift or benefit in connection with the performance of their duties. Receipt of gifts can be perceived as an inducement to act in a particular way, thus creating a real or apparent conflict of interest.^[11]

5.6.2 A staff member may, of course, give or accept an occasional gift of nominal value which is offered in accordance with social or cultural practice, for instance, when a staff member retires or leaves the University or visits another University overseas.

5.7 Acceptance of outside work

5.7.1 The University permits staff to undertake paid outside work in accordance with University policy and guidelines, but it must be recognised that staff have a primary commitment to the duties of their appointment and position in the University. Any use of University facilities in connection with outside work may only occur where prior approval has been obtained; the University must be recompensed for the full cost of such use.

5.7.2 In the case of academic staff, prior approval must be sought and obtained from the Head of Department before outside work is undertaken. It is recognised that such work can be beneficial in forging links between the University and the community, and the work should not therefore create any unfair competition with others working in the professions or with any external community activity.

5.7.3 Outside work must not be accepted where it may cause a conflict between the staff member's private interests and duties to the University. Staff should not seek to secure as paid outside consultative work tasks that would rightly be regarded as part of their University duties.^[12]

5.8 Appropriate use of University information

5.8.1 University staff will gain access to information while engaged in teaching, research, administrative, technical and support activities. Some information may be unavailable to the University community generally or the public. Staff should respect the privacy of others and ensure that information of a personal nature, for instance, is accessed and used only for University purposes and is not disclosed except where University policy expressly permits this. Information of a commercial or strategic nature should also be handled with the utmost sensitivity, and should not be used for personal gain.^[13] For example, staff having computerised access to personal information about others should not access or use that information for private purposes, and where a student confides in a staff member, the information should not be discussed with or revealed to others, except where this is necessary to take action or decisions concerning the student who has provided the information.

5.9 External activities and public comment

5.9.1 University staff are free to engage in party-political, professional, interest group and charitable activity, provided that participation does not give rise to a conflict of interest or impede the performance of a staff member's duties. For example, party political activity should not be undertaken during working hours or, in the case of academic staff, at the expense of their University duties and commitments.

5.9.2 Academic and research staff regarded as experts in a particular field of scholarship may comment publicly in their capacity as a staff member of the University.^[14]

5.9.3 Where a University staff member comments publicly in connection with trade union, party political or interest group activities, it should be made clear that such comment is made on behalf of the union, political party or association which they represent  and not in their capacity as members of staff of the University.

5.9.4 Public comment by staff in their capacity as private citizens is certainly permitted. In making private comment (including via electronic means such as electronic mail and the Internet), every effort must be made to ensure that the opinions expressed are not represented as an official view of the University.^[15]

5.9.5 Comment made by a staff member in a private capacity should not compromise or be perceived to compromise the staff member's ability to carry out his or her duties or implement duly approved University policy.

5.10 Ethical conduct of research

5.10.1 University staff undertaking or assisting research should do so in a manner consistent with intellectual honesty and the public interest. In practice, this means that research should be designed to enhance knowledge in the particular field of scholarship, that it should employ sound methodology, and that the accuracy and integrity of data should be safeguarded. Harm to experimental subjects should be avoided, and the ethical principle of voluntary informed consent to research participation by human subjects should be respected. The ideas, information or intellectual contribution of others should be acknowledged appropriately and the intellectual property of others respected. Ethical clearances must be gained where appropriate.^[16]

6. Diligence

6.1 The University aims to achieve the highest standards of excellence in teaching, research and administration. All University staff contribute to the achievement of this aim when they carry out their duties honestly and to the best of their ability.

6.2 Duties to be carried out in professional manner

6.2.1 University staff are expected to carry out their duties in a professional, responsible and conscientious manner, and to be accountable for their official conduct and decisions.

6.2 Duty to carry out official policies and decisions

6.2.1 Generally, University staff have an obligation to carry out official decisions and policies faithfully and impartially. This obligation applies even though staff have the right to institute grievance procedures where they believe a decision is improper or they seek to have decisions or policy changed through appropriate channels.

6.3 Standards of performance

6.3.1 Staff members should endeavour to maintain and enhance their skills and expertise and keep up-to-date the knowledge associated with their particular field or area of work. High standards of performance and a focus on client service (whether clients are students, other staff, members of the academic or wider community) are expected. Staff should not allow outside work to interfere with the performance of their University duties.

6.4 Duty to take care

6.4.1 University staff should exercise due care in undertaking their activities, particularly where others will rely on advice or information offered. University staff have a duty to take reasonable care to avoid causing harm (including physical harm) to anyone. Thus, University staff should actively promote safe working practices and environments for everyone using University facilities.^[17] For example, staff giving advice to students about University administrative or academic procedures must ensure that the information is up-to-date and accurate; staff training others in workplace health and safety practices should make available written instructions, explain or give demonstrations; staff teaching, researching or assisting in laboratories must dispose of hazardous or infectious material, such as sharps, in an appropriate fashion, and ensure that students using laboratories are also instructed in safe handling and waste disposal procedures.

6.5 Substance abuse

6.5.1 University staff should ensure that the personal use of alcohol or other drugs does not affect work performance or the safety and well-being of others. The University's Staff Assistance Scheme provides services to help staff resolve problems which affect their performance, including alcohol or substance abuse.^[18]

6.6 Professional ethical standards

6.6.1 University staff who work in a professional capacity, or teach or undertake research related to professional activities (such as doctors, dentists, lawyers, teachers, therapists, psychologists, accountants) may have obligations or conventions related to their profession. The standards of conduct outlined in the University's Code of Conduct are generally consistent with professional ethical standards. Staff subject to professional ethical standards should aim to act in a way which satisfies the ethical standards of the University and of their profession.

6.7 Disclosure of fraud or corrupt conduct

6.7.1 Fraud, corrupt conduct or maladministration is contrary to law and is to the detriment of the University community generally. Staff are therefore encouraged to report genuinely suspected or known fraud or corrupt conduct to appropriate University or external authorities.^[19]

6.7.2 Where a person discloses impropriety or corrupt conduct to appropriate authorities, this must not result in harassment or other reprisal action by staff.

7. Economy and Efficiency

7.1 The resources required for the provision of teaching, research and community services by the University are significant. Staff therefore have a responsibility to ensure that these resources are managed effectively and without harm to the community or the environment.

7.2 Use of property and resources for University purposes

7.2.1 Material, financial and computerised resources should be used only for the legitimate University purposes for which they are provided.^[20] For example, electronic mail and access to the Internet and computerised information systems are provided to staff to support their employment activities, and should be used for this purpose, and staff should not remove University equipment from the campus, except where this is necessary for use by the staff member for University purposes and where they have appropriate permission.

7.2.2 Staff members may occasionally need to use University resources, for instance, to make a telephone call for private purposes, or to use computerised systems such as the Internet to enhance their skills in respect of these technologies. Staff should be sensitive that in doing so they are using University resources and should endeavour to ensure that such use is kept to a minimum.

7.3 Avoidance of waste and security of University property and facilities

7.3.1 Resources should be used economically and waste avoided. Equipment, materials and University facilities should be treated with appropriate care and secured against theft or misuse. This ensures that the maximum level of resources are available to discharge the University's functions. for example, University meeting and lecture rooms and staff offices should be secured when unoccupied.

7.3.2 The skill and time of University staff is the most significant University resource. Effective interpersonal and human resource management skills, and the provision of training and development opportunities, enhances this resource for the benefit of the individuals concerned, of the University generally and the wider community which the University serves.

[1] Sections 7 to 11 of the Public Sector Ethics Act are published with the University's Code of Conduct on the University's Home Page on the World Wide Web, or can be obtained from the Senior Administrative Officer (Freedom of Information Office).

[2] See policy 5.70.8 (Staff Grievence Resolution).

[3] See policies 5.70.1 (Staff Appraisal); 5.80.1 (Staff Development), and the Staff Appraisal Information Booklet (available from Personnel Services).

[4] See policies 1.70.1 (Equal Opportunity, Affirmative Action and the Status of Women), and 1.70.3 (Racism).

[5] See policies 1.70.2 (Management of Sexual Harassment Grievances) and Bullying.

[6] See policies 3.10.1 (Teaching and Learning Enhancement Plan), 4.60.1 (Good Supervision - Role of the Supervisor:Research Higher Degree Students), 4.15.1 (Intellectual Property Policy for Staff and Students), and Advice to Examiners from the Assessment Sub-Committee.

[7] See, for example, policy 1.50.8 (Prescribed Textbooks Written by Lecturers in the Subject).

[8] See policy  3.30.1 (Assessment).

[9] See policies 1.50.4 (Personal Relationships in the Workplace) and 1.70.2 (Management of Sexual Harassment Grievances).

[10] See section 5.1.1 (State Purchasing Policy) of the Financial Management Practice Manual and policies 1.50.2 (Consultative and Other Outside Paid Work) and 1.50.3 (Outside Work and Business Interests - General and Research Staff).

[11] See section 9.5 (Gifts) of the Financial Management Practice Manual.

[12] See policy 1.50.2 (Consultative and Other Outside Paid Work)

[13] See policy 1.60.2 (Privacy Management).

[14] See policy 8.10.1 (Community Service).

[15] See policies 1.50.6 (Use of University name) and 1.50.7 (Letters to the Press).

[16] See policies 4.20.1 (Research Ethics), 4.20.2 (Procedures for the Conduct of Reserch).

[17] See HUPP Section 2 (Workplace Health and Safety). Specialised policies and guidelines are available from the Occupational Health and Safety Unit.

[18] See policies 5.70.6 (Staff Assistance) and 2.30.17 (Alcohol, Tobacco Smoking and Oher Drugs)

[19] See policy 1.60.3 (Whistleblowers Protection Management)

[20] See policy 1.50.5 (Use of University facilities) and the Financial Management Practice Manual.