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Non-Disparagement Clauses and How They Hamper Academic Freedom

Non-Disparagement Clauses and How They Hamper Academic Freedom
Commentary
Australian universities have reportedly been slow to implement the “Model Code for the Protection of Freedom of Speech and Academic Freedom in Australian Higher Education Providers.”
Principle 2 of the Code, prepared by former Chief Justice of Australia, Robert French, states that, “a person’s lawful speech on the university’s land 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.”
By the end of last year, only nine out of Australia’s 42 universities had completely adopted the Code. ....

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Book review: Open Minds explores how academic freedom and the public university are at risk

Academic freedom has become a common topic of Australian public debate. Yet the concept is rarely examined or critiqued in detail.
That has not stopped it becoming a totemic issue for many on the political right. They consider Australian universities to be increasingly prone to doctrinaire and censorious attitudes. In particular, they point to issues of identity politics, climate change and other so-called “progressive” causes.
Prominent cases include the 2018 sacking of geophysicist Peter Ridd by James Cook University and protests against Bettina Arndt’s visit to the University of Sydney to give a controversial speech on date rape that same year. The federal Coalition government responded by commissioning the Independent Review of Freedom of Speech in Australian Higher Education Providers by former chief justice Robert French. ....

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Swinburne adopts freedom of speech model code

Date Time
Swinburne adopts freedom of speech model code
Swinburne welcomed the French Report in 2019 and formally adopted the Model Code for the Protection of Freedom of Speech and Academic Freedom in Australian Higher Education Providers on 7 December 2020.
Swinburne conducted a thorough review of its policies and framework against the code and consulted broadly throughout 2020.
The university’s Academic Senate reviewed the code during 2020, with a final review and discussion in November 2020. The Council formally adopted the code on 7 December 2020.
The university’s commitment to freedom of speech is outlined in the updated Governance Framework, which highlights the adoption of the Model Code. ....

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