Yesterday, the University of Sydney law school published an open letter expressing concern with the Campus Access Policy 2024. The letter has been signed by 54 academics thus far. The letter was addressed to Chancellor David Thodey, Vice-Chancellor Mark Scott and the Academic Board.
“We, the undersigned, are seriously concerned about the Policy because of the process through which the Policy was introduced, the substance of the Policy, the broader message sent by this Policy, and the period for review,” the letter says.
In July, the University rescinded the Campus Access Rule 2009, announcing that the Campus Access Policy 2024 would take its place. The controversial policy has since been protested by student activists and condemned by the NSW Council for Civil Liberties.
The letter foregrounds serious concerns with the manner in which the Campus Access Policy was passed, unilaterally and “without consultation.”
It is noted that the onus is on the Vice-Chancellor “to show how the policy accords with the object of the University,” which includes “the promotion of scholarship, research, and free inquiry.”
Honi spoke to signatory Professor Emeritus Simon Rice OAM, former Kim Santow Chair of Law and Social Justice.
“We’ve ended up with a Campus Access Policy which we think unreasonably limits freedoms,” he said.
When asked about the concerns behind the promulgation of the policy, Professor Rice spoke to how “sound process” is paramount.
“Had there been consultation, had there been obvious inquiry into the implications of the policy, we might have ended up with a policy that was more reasonable in its limits,” he said.
The letter noted that it is “procedurally unfair” for the VC to have implemented the policy without “consulting elected representatives of the university’s community,” with the letter citing the NTEU, CPSU and the USU. The letter continues:
“The Senate has reason to be concerned that the Campus Access Policy 2024 was developed:
- Without consultation,
- Not so as to promote the object and interests of the University, and
- Not so as to be consistent with legal requirements and community expectations.”
It goes on to examine the substance of the policy, noting that “the relationship between the Policy and the Charter of Freedom of Speech and Academic Freedom is crucial to the Policy’s validity.”
The letter identifies that the validity of the Campus Access Policy is compromised by failing to meet requirements of “reasonable and proportionate” regulation of conduct, rendering it incompatible with the Charter of Freedom of Speech and Academic Freedom, and inconsistent with other statutory duties.
“Accordingly, the Senate has reason to be concerned that substance of the Campus Access Policy 2024:
- Fails to meet the requirement of ‘reasonable and proportionate’ regulation of conduct
- Is incompatible with the Charter of Freedom of Speech and Academic Freedom.
- Is inconsistent with the University’s statutory duties under the Higher Education Support Act 2003
- Fails to meet these internationally recognised standards”
When asked about the open letter, a university spokesperson told Honi “We always welcome feedback and appreciate the time and consideration colleagues have taken to share their views about our new campus access policy.”
“We updated the policy to ensure we are striking the appropriate balance between protecting freedom of speech and academic freedom, while making sure our campuses are safe and welcoming for all our students and staff, and our core operations can take place without disruption.
As we said when it was announced, we plan to review the policy before the end of the year – and will keep listening to our community and monitor its operations until then. We’ll be inviting formal submissions to the review soon, and will treat this letter as part of that process.”
A review into the Campus Access Policy can be anticipated before July 2025.
