(1) The Staff Code of Conduct (the "Code") has 2 key purposes: (2) Overall, the Code exists to promote professionalism and excellence so that all staff are motivated 'to do the right thing' and feel safe and respected whilst at work. Part B also aims to provide staff members with guidance and support in ethically ambiguous and challenging situations in the workplace. (3) In addition, the Code provides a public statement on Victoria University's (VU) social responsibilities, accountability and how we expect to be perceived which helps to assure public trust in the University and supports our strong community values. Compliance with the Code will foster and maintain student, staff and public trust and confidence in the integrity and professionalism of the University, the University Council and its employees. (4) This Staff Code of Conduct is key to driving significant cultural change at VU and has been updated to reflect VU's current strategic priorities, including effective engagement with VU partners and engaged citizenship. It reinforces the personal responsibility of all staff members to interact in a positive way and, in being committed to working to the standards articulated throughout the Code, contribute to making VU an inspiring and rewarding place to work. The Code applies and will be widely promoted to all staff bringing a sense of unity to the complex nature of VU in terms of its multi-sectoral structure and diverse cultural backgrounds of staff and students. (5) Finally, the Code is a means by which the University demonstrates its responsibility to live its values through its every day operations whether it be in convening a committee and ensuring diverse membership, in communication with colleagues or students, in connecting with local communities, or in providing professional development opportunities for its staff. (6) The University's values and behaviours underpin our vision and mission, and are integral to guiding the implementation of the University's Strategic Plan 2012 — 2016. (7) We Value: (8) In living out these values, the following behaviours are encouraged in the pursuit of the University's visions and mission: (9) The Code recognises that all staff deserve a collegial work environment which is positive, productive, healthy and enjoyable at all times. (10) The Code is binding to all those that it applies. Application includes all staff, including casual and sessional, contractors, honorary, adjunct and visiting appointments, and other personnel involved with VU including the Council and its committees and those employed by the University's subsidiaries in any capacity. (11) This document does not replace, but supports, legislation, relevant professional bodies' codes of conduct or awards and policies. You are required to comply with relevant statutes, regulations and policies of the University, Federal, State and local government legislation and industrial/employment agreements. (12) You are strongly encouraged to make suggestions to your supervisor on an ongoing basis on ways the workplace can be improved and to take opportunities to offer constructive feedback to the University through such tools as staff surveys. Likewise, you are encouraged to comment on and contribute to the further development of this Code by bringing your ideas to the attention of the General Manager Workplace Environment and Culture within People and Culture. Any Code-related queries may be referred to this General Manager. Over time this will provide an indication of how the Code is being embedded within the University and how it can be continuously improved. (13) You must take personal responsibility for being familiar with the substance and spirit of the Code and you must be aware that failure to comply with the Code will result in disciplinary action under the relevant industrial/employment agreement which may lead to the termination of your employment with the University. (14) Supervisors have additional responsibilities to support employees in maintaining required standards of behaviour and conduct through: (15) The Code should be read in conjunction with the University's policies and procedures located in the Policy Library . (16) Although the Code aims to cover a range of examples, it cannot explicitly address every situation that may be encountered. You can, however, test yourself on whether your behaviour and conduct is within the requirements of the Code by asking yourself these questions: (17) Further, if faced with a difficult situation, you should ask for guidance and support from your supervisor or refer to one of the related resources. You are also encouraged to seek advice from your supervisor on reporting any behaviour by staff, students or other persons (who have a significant association with the University) which could be considered unreasonable. (18) This section of the Staff Code of Conduct sets out the minimum standards of behaviour and conduct in the workplace with which you must comply as required by your employment contract with the University. Further information which supports the Code is found in Part B. (19) You are required to observe and comply with all University Statutes, Regulations, Policies and Procedures at all times during the course of your employment with VU. (20) Your personal and professional behaviour must conform to the standards that could reasonably be expected of such persons employed or associated with the University including a commitment to professional standards in learning and teaching, research, administration and community engagement. You are also required to follow any lawful and reasonable direction made by the University. (21) Respect and Support for Others. (22) Equity and Diversity. (23) Actual, potential or perceived conflicts of interest must be identified, reported and appropriately managed in accordance with Part B of the Code. You must act with honesty, fairness and propriety at all times. (24) You must not ask for or encourage commissions, the giving of gifts or benefits connected with performing your duties. You must not use your access to or knowledge of the University policies, systems, processes or people to obtain advantages not generally available to other staff. (25) If you are unsure, you must seek the advice of your supervisor. (26) Corrupt, Improper and Criminal Conduct (27) Outside Employment and Other Professional Activities (28) You must use VU's resources, including IT resources, in line with appropriate University Policies and avoid any waste of public resources. You must safeguard, properly use, protect and care for VU resources at all times. (29) In making written or oral comments which purport to represent the views or authority of VU and which might reasonably be expected to become public, you must ensure that you hold proper authority to make such public comments, and that such authority has been properly given to you. Unless authorised specifically to do so, you must not make public comment on behalf of the University or in a context where a comment could be interpreted as a statement on behalf of the University. (30) Where it is known you are associated with VU, you must make clear whether you are representing VU during a particular activity or whether your comment is in your personal capacity. (31) Whether using social media for work use, or in a private capacity, you must not do anything that may adversely affect your standing as an employee of VU or which could bring VU into disrepute. When using social media for private purposes you must ensure that you make it clear that any comments relating to VU are not official and that you are speaking only on behalf of yourself. Furthermore, you should ensure that any personal comments do not compromise your capacity to perform your role at VU. (32) Where you undertake, supervise or assist with research, you must do so in accordance with the Australian Code for the Responsible Conduct of Research. (33) Plagiarism, or using another person's intellectual output and presenting it (without appropriate acknowledgement) as your own, is an academically dishonest practice that seriously deviates from conduct acceptable within a scholarly community. Should you suspect plagiarism, you must raise your concerns with your supervisor. Plagiarism by staff that arises in the course of research is handled under the University's Research Misconduct Policy. (34) You must comply with the University's Privacy Policy at all times and must not make improper use of information gained by being a staff member. You must ensure that personal information including data relating to other staff or students is collected, stored and used in accordance with privacy legislation, Freedom of Information and University policies and procedures, including records management practices. (35) Your employment contract requires that you keep VU's confidential information secret and take appropriate steps to prevent its unauthorised disclosure. These obligations apply equally to other people's confidential information (be they students, research collaborators or industry partners) which is provided to you as a result of your employment. (36) In accordance with the Student Charter, you will: (37) In interacting with any external partner you will do so in the awareness that you are an ambassador for VU and your personal and professional behaviour will conform to the standards that could be reasonably expected of officers of the University in such situations. Your conduct will at all times demonstrate regard to the University's interests. (38) Communication in the workplace, whether verbal or written, must conform to acceptable standards of behaviour at all times. Examples of unacceptable behaviour are highly emotive, rude, agitating or insulting verbal comments, sarcastic, colluding or agitating behaviour and highly emotive and inappropriately-worded or inappropriately-addressed emails or other written correspondence. (39) If you are a staff member and are enrolled as a student at VU your student status will not alter your obligation to first and foremost fulfil all employment duties, obligations and responsibilities. You must not use your position as a staff member in any way to gain advantage in your studies. (40) You will acknowledge your responsibilities and obligations under occupational health and safety laws and agree to take reasonable and practicable precautions to manage hazards and risks to ensure a safe University. (41) You are required to: (42) You must report damaged or defective equipment/ facilities or hazards to the appropriate University officer and must ensure that where such damage or defect is a risk to health and safety that appropriate action is taken to protect others from such risks. (43) You must ensure that you do not adversely affect your work performance or cause any risk to health and safety through the consumption of alcohol or use of other drugs. (44) The following list of resources outlines University policies, legislation and other Codes with which the VU Staff Code of Conduct is consistent. You should note that policies are added to, reviewed and amended on a regular basis and advice on policy changes is provided to the University community regularly. Note this list is not exhaustive. (45) You can access all University policies at the Policy Library at https://policy.vu.edu.au/. In addition the University provides support for and promotes awareness of these policies through its staff induction practices, staff performance and development planning and its staff developmental opportunities framework. (46) This toolkit provides further information and resources to support Part A of the Staff Code of Conduct where no other related University Policy or Guidelines exists. Some FAQs are also included and it is planned that case studies will be included in a Staff Code of Conduct online training. (47) Having a Positive Workplace Culture is a priority for VU. (48) As staff members we: (49) A positive work environment is productive, rewarding, enjoyable and healthy for everyone. (50) Refer to the Staff Code of Conduct for further information. (51) At times you will need to make decisions or take actions that are not specifically covered in the Staff Code of Conduct. The following simple five step model may help guide you in the process of making an ethical decision. (52) Define the Problem (53) What guidelines/rules already exist? (54) Identify and consider the options and assess the available decisions (55) Test the options (56) Choose your course of action (57) A conflict of interest arises where personal associations or interests interfere with professional conduct. (58) A conflict of interest is a serious matter even if it appears to be based only on existing or potential perception. (59) An actual conflict of interest is one where there is a real conflict between an employee's work duties and responsibilities and their private interests. (60) A potential conflict of interest arises where an employee has private interests that could conflict with their work duties. (61) A perceived conflict of interest can exist where a third party could form the view that an employee's private interest could improperly influence the performance of their duties, now or in the future. (62) In some circumstances the appearance of a conflict of interest could itself jeopardise your public integrity. You should stand down in any decision making process where you may be compromised. (63) Staff are to actively prevent conflicts of interest, conducting themselves with honesty, fairness and propriety. (64) Staff must not take improper advantage of their university position to obtain benefits for themselves or others. (65) Actual, potential or perceived conflict of interest must be addressed by identifying and reporting the conflict (preferably in writing) to supervisors or others involved in decision-making, and to take responsibility and self-manage with their supervisor for resolution in the best interests of VU. This may include absenting yourself from deliberative forums in which such conflict decisions can occur. (66) Sometimes only the individual staff member will be aware of the potential for conflict of interest. If so, or if in genuine doubt, the onus is on that staff member to report any possible conflict to their supervisor. (67) As a staff member you must: (68) Below is some further information on a suggested approach to managing a conflict of interest situation. (69) Acting in a reasonable way means exercising sound judgement and taking a sensible approach. The "reasonable person" test can be applied with regard to managing conflict of interest in the same way as it is applied to any other action or decision. That is, would another reasonable person take the same decision in light of the same facts and circumstances? (70) The proper management of conflicts of interest does not require the wholesale avoidance or relinquishment of private interests, because they might give rise to a conflict of interest issue. What it does require is the appropriate management of the interaction between your own interests and your work duties. (71) There are a number of options available for managing conflict of interest. These range from simply disclosing relevant details, to relinquishing the private interest or stepping down from the role. Commonly accepted procedures are: (72) Staff should be particularly aware of actively preventing actual or perceived conflicts of interest if working with persons with whom they have, or form, close personal relationships such as relatives, close friends or personal associates or involvement in sporting, social or cultural activities. They include any tendency toward favour or prejudice resulting from friendship, animosity or other personal involvement with another person or group. (73) Accordingly staff must not participate without a specific agreement to manage such a situation, in processes related to academic progress, assessment, recruitment, selection, promotion, performance appraisal, termination or transfer of any person with whom they have, or have had, a close personal relationship. (74) In some cases only the individual staff member will be aware of the actual or potential for conflict of interest and the onus is on that staff member to report the conflict to their supervisor. (75) Enmity as well as friendship can give rise to an actual or perceived conflict of interest. (76) Relatives or staff members who are or become involved in an intimate relationship with each other should not work within the same area or in a reporting relationship. One party should actively seek alternative employment within or external to the University. The University will offer support in this regard. (77) Personal relationships between staff and students are not banned. However, such relationships must generally be viewed as problematic given the power imbalance inherent between staff and students. (78) Staff who have or have had personal relationships with students with whom they also have professional relations are required to: (79) Teachers/staff can hold a unique position of influence and trust that must not be violated or compromised. They exercise their responsibilities in ways that recognise that there are limits or boundaries to their relationships with students under 18 years. The following examples outline some of those limits. (80) A professional relationship will be violated if a teacher or staff member: (81) A professional relationship may be compromised if a teacher or staff member: (82) Students undertaking a placement at the University as a part of their studies are also bound by the above mentioned limits and boundaries. (83) Staff enrolled as students in this university must recognise that their student status does not alter their obligation to first and foremost fulfil all employment duties, obligations and responsibilities. (84) Selection, supervision and academic progress must be managed with particular care to ensure that unfair advantage/disadvantage cannot occur or be perceived to occur. Supervisors of staff enrolled in postgraduate degrees must be independent. (85) Staff enrolled as students have an additional responsibility to model the highest professional conduct as conflict of interest, or perceptions of conflict, can be common in these situations. (86) Staff enrolled as students must not use their position as a staff member in any way to gain advantage. (87) Staff as students must recognise that the information in 3.2 Personal Relationships - Students Under 18 years of Age still applies in this situation. (88) This policy is important to all staff members. (89) All academic, teaching and general continuing and fixed term staff. (90) Nil (91) Nil (92) Unless your employment conditions state otherwise, not all outside employment or activities need to be declared. These Procedures aim to assist a staff member in deciding whether a declaration is required based on the principle that a staff member acting reasonably would take into due consideration any activities that may have a 'real' or 'perceived' conflict of interest with the University and that may prevent or inhibit the employee in attending or performing their role at the university to the best of their abilities. (93) If the staff member is in doubt they should consult with their supervisor for further guidance. (94) Staff may undertake other work not related to their duties or area of expertise without the need to seek prior approval, provided that the work does not result in a breach by the staff member of any of their obligations under clause 2 of these Guidelines, and provided that their conditions of employment with VU do not state otherwise. (95) However, where such outside employment may result in a breach of these obligations, the staff member must notify their supervisor and take appropriate steps to remedy the situation in conjunction with the supervisor. Appropriate steps may include: (96) Staff must declare in writing and obtain approval from their delegated officer (in line with the People and Culture Delegations Policy) prior to undertaking any outside employment related to their duties or area of expertise. It may be that the opportunity itself belongs to VU and that an acceptance of any benefit is itself a breach of the staff member's duty to VU. (97) Requests for outside employment are to be assessed in a fair, equitable and transparent manner. In the vast majority of cases it is expected that approval will be granted should the delegated officer be satisfied that: (98) Should the delegated officer not be satisfied with the proposed arrangements, they will write to the staff member outlining their reasons for not approving the request. Should a complaint arise, the staff member may seek resolution through the Staff Issue and Complaint Resolution Policy. (99) All relevant documentation must be completed and approved, and records appropriately kept. (100) The SPDP planning and review discussions will include prompts around outside employment. Details of any relevant outside arrangements may be recorded in a staff member's performance and development plan. (101) Outside activities of academic staff will also be recorded as part of the University's Academic Workloads processes. (102) The obligations of staff in relation to undertaking outside employment or other professional activities are outlined in these Guidelines and exist to ensure that: (103) Failure to meet these obligations may result in disciplinary action against the staff member.Staff Code of Conduct Policy
Section 1 - Purpose / Objectives
The VU Values and Behaviours
VU Behaviours
Application of the Code
Compliance with the Code
Part A - Minimum Standards
Minimum Standards
Compliance with all University Statutes, Regulations and Policies
Professional Conduct
Respect and Support
Conflict of Interest
Integrity and Professional Responsibilities
Economy and Efficiency
Public Comment
Social Media
Responsible Conduct of Research
Plagiarism
Privacy
Confidentiality
Interactions with Students
Engagement with our Partners and Communities
Communication
Staff as Students
Safety and Security
Related Policies and other Resources
Part B - Toolkit
Introduction
Staff Code of Conduct Charter
ARE YOU WORKING THE VU WAY?
Five-step Ethical Decision Making Model
Conflict of Interest
General Conflict of Interest
Reasonable steps to manage conflict of interest
Personal Relationships
Personal Relationships — Students Under 18 Years of Age
Staff as Students
Section 2 - Scope / Application
Section 3 - Definitions
Section 4 - Policy Statement
Section 5 - Procedures
Outside employment unrelated to a staff member's position
Outside employment related to a staff member's position
Section 6 - Guidelines
Outside Employment and Other Professional Activities
Obligations of Staff
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