Academic freedom at ANU: balancing rights and responsibilities

The importance of academic freedom to the pursuit of knowledge has long been recognised throughout the world.  In all major universities around the globe, academic freedom operates to protect academics and their work from illegitimate interference, both from within universities and from outside them.

Since its establishment in 1946, ANU has been staunchly committed to academic freedom as a “defining value” of the University, and as a keystone of our culture and identity. In 2021, the University elaborated and formalised its commitment to academic freedom – and its sibling, freedom of speech – in the Academic Freedom and Freedom of Speech policy.

Put very simply, academic freedom at ANU is the freedom to do those things that scholars – both academic staff and students – distinctively do. Things such as teaching, research, publishing the results of research, engaging in intellectual inquiry and contributing to public debate in areas of expertise. Those who are not academics – who don’t do what ANU academic staff and students distinctively do – may not avail themselves of the protection of academic freedom under our policy.

Although academic freedom is a defining value of ANU, our policy makes it clear that it is not unrestricted or unburdened in any absolute sense. This is not unusual within the university sector. Even our legal freedoms are not absolute but may be conditioned in certain circumstances by other legal freedoms, rights and duties.

Freedoms such as academic freedom reflect a set of important values – institutional or social. However, these subsist within a broader set of values and, on occasion, they must be weighed up in light of those other values. On occasion, and as the University’s policy makes clear, academic freedom may be quite justifiably subordinated to other University values – themselves articulated in the form of freedoms, rights and duties under other ANU policies and procedures.

One of the most fundamental restrictions on academic freedom is the set of Australian laws that apply to the University and its community. Simply put, individuals are not free under our policy to break the law.

Similarly, one is not free under our policy to contravene reasonable and proportionate regulations necessary to ensure the University’s capacity to function as a university – to engage in teaching and research activities, and other core activities. A functioning ANU is a fundamental necessity for academic freedom at ANU.

Nor is one free under our policy to contravene University regulations aimed at fulfilling the University’s duty to foster the wellbeing of staff and students. This includes a duty to ensure that no staff member or student suffers unfair adverse discrimination, for example, or is subject to threatening or intimidating behaviour on the part of others. A breach of University regulations – such as the University Code of Conduct or Discipline Rule which proscribe violence, bullying, discrimination, and other significant threats to wellbeing – may, in certain circumstances, override academic freedom. Again, an academic, in the course of their academic activities, is not free to bully or discriminate against another person.

These are all examples of the vital and competing considerations that must be taken into account when applying our academic freedom policy. Here at ANU, we are committed to protecting academics from any interference with their work that does not fall within the categories of acceptable prohibitions, restrictions or conditions outlined in our policy on academic freedom.

“Although academic freedom is a defining value of ANU, our policy makes it clear that it is not restricted or unburdened in any absolute sense.”

Professor Anthony Connolly

This raises the question, of course, of who gets to decide which value – articulated through some or other policy or procedure – prevails in any given situation where there is a clash? Who gets to decide whether a certain regulation aimed at protecting the wellbeing of some set of students or staff prevails over the presumptive freedom given by our academic freedom policy to another set of students or staff? The answer, very simply, is those who are empowered to decide under relevant countervailing policies and procedures.

In the case of the University’s Discipline Rule, for example, relevant decision-makers include the ANU Registrar, as well as those empowered under University regulations to review decisions of the Registrar. If a finding of breach is ultimately made out, then the academic freedom of the person or persons against whom the finding is made, gives way to the extent of that breach and may not be formally relied upon in defence of the breach.

At this point, again, a question might be raised querying whether the protections of the academic freedom policy are ultimately hostage to a freedom-averse exercise of the University’s regulation-making power. What is to stop the University enacting policies and procedures which, in effect, neutralise academic freedom across an unreasonably wide range of situations?

The answer here has two aspects. First, the sort of ANU regulations that may be legitimately relied upon to constrain the operation of academic freedom are, under the academic freedom policy, explicitly required to be both reasonable and proportionate to the achievement of the end in question – whether that be core University functions or staff and student wellbeing, for example.

And what is to stop ANU annulling or radically undermining the normative force of the academic freedom policy itself? Here the answer lies in the fact that federal legislation demands that all Australian universities – ANU included – maintain an academic freedom regime with certain minimal, and, by global standards, acceptable safeguards in place. These two aspects act to ensure the integrity of our current policy.

When coupled with a vigilant academic community and Academic Board, a robust frame for the pursuit of the University’s academic mission may be maintained.

Professor Anthony Connolly is Dean of the ANU College of Law and Chair of the ANU Academic Board.