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The Battle for Free Thought

By Sarah Roberts

The recent sacking of Dr Ted Steele at the University of Wollongong has focused attention on the need for vigilant defence of employment rights and academic freedom.

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On 26 February this year, Dr Ted Steele was summarily dismissed from his position of Associate Professor at the University of Wollongong. Dr Steele had attracted the ire of the University of Wollongong because of his public remarks relating to marking procedures at the University: Dr Steele had raised allegations about the process of assigning students' marks in his Department. The Vice-Chancellor demanded that he unequivocally withdraw his allegations, and when Dr Steele did not do so, he was sacked.

The Vice-Chancellor's response was to sack Steele without notice. No formal warnings had been given. No disciplinary procedures had been instituted. The letter of dismissal was delivered by hand to Steele at home at 5.15pm on 26 February, along with a letter from the Head of Human Resources asking him to make arrangements to collect his material from the University as soon as possible.

The reason for the NTEU's concern is that the action taken by the Vice-Chancellor was in direct breach of the union's Agreement with the University. The conditions of employment for staff at the University of Wollongong set out in that Agreement include procedures to be followed if there is an allegation of serious misconduct. These serious misconduct procedures are set out in Clause 61, and require the laying of charges, the convening of a committee and give the employee the opportunity to respond to the allegations.

The Enterprise Agreement was made after lengthy and at times difficult negotiation with the University. By ignoring these agreed procedures for the dealing with serious misconduct allegations, the Vice-Chancellor breached the agreement, and showed contempt for the negotiation process and the rights of staff.

All workers should be concerned about this case. If the Vice-Chancellor's actions are not challenged and overturned, employers believe they can get away with arbitrarily breaching enterprise agreements.

Furthermore, the case raises important issues of public interest. The clause that was breached by the Vice-Chancellor had been expressly developed to protect academics from arbitrary dismissal. Essentially, the clause ensured that staff engaging in academic debate, public or private, are protected by due process, regardless of the nature or the content of their comments. Similar clauses appear in all University agreements.

The academic freedom protected by these provisions is a right and, indeed, a responsibility of academic staff. It covers the academic's right and obligation to engage in public debate and freely express opinions about the institutions in which they work without fear of recrimination.

This right reflects the historical role of universities as `critic and conscience' of society. It is reinforced by the fact that universities are publicly funded and hence accountable to the community - the community must have confidence in the transparency and the integrity of universities' operations.

The public is also entitled to know that public comment by academic staff is free from the threat of intimidation or dismissal, especially where unpopular or controversial opinions are being expressed.

Academic freedom does not extend to knowingly disseminating research and knowledge that is not based in truth. However, the misconduct procedures exist, in part, to provide an impartial forum in which the truth may be tested. This function makes them crucial.

In this context, the procedures for establishing whether or not serious misconduct has occurred are the most important defence of academic freedom we have. Without them, any academic who threatens the reputation of the university is subject to disciplinary action, before the truth or otherwise of his or her statements are tested. Without access to agreed disciplinary procedures, staff must live in fear of arbitrary disciplinary action, or dismissal.

Ted Steele's dismissal is only the latest, and the most dramatic, in a number of recent attempts by universities to undermine academic freedom. It is resonating around the world: in a recent article in New Scientist (published in the UK and distributed world-wide), Professor Ian Lowe argued that the case raised fundamental concerns about standards in Australian universities and the rights of staff to speak out. In Professor Lowe's words, `the reputation of the university system and the willingness of other countries to accept Australian graduates is at stake.'

By taking the action of sacking Steele, the University of Wollongong has probably done more damage to its reputation than anything he had said or done.

It is essential that workers and unions do not tolerate such breaches of enterprise agreements and arbitrary sackings, and that this message is conveyed to employers in no uncertain terms.

The NTEU has lodged a prosecution of the University of Wollongong in the Federal Court in defence of the Wollongong Enterprise Agreement, and continues to encourage workers to join in the campaign.

To help in the campaign, please sign the on-line petition at http://www.datalink.net.au/nteu/ or follow the links from http://www.nteu.org.au/, or write to the Vice-Chancellor of the University of Wollongong, Professor Gerard Sutton - and publicise the issues at your workplace.

   For more details on the Steele campaign, visit the NTEU

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  Issue 96 contents

»	WorkCover: Della Should Split the Package
»	HIH Workers Win Severance Guarantee
»	Abbott Runs From OEA Failure
»	Angry Musos Aim Riffs at Della
»	Second Prize In The Arnott�s Sell-Out
»	Banks Workers Opt for People Over Pay
»	Bosses Raise Stakes in State Wage Case
»	Refugee Riots Sparked By Strike Action
»	Vodafone Promotes It�s Own
»	Champion Workers Left With Nothing
»	Bid for Reasonable Hours to AIRC
»	Political Economy Courses at Sydney University
»	Activist Notebook

»	The Soapbox
»	The Locker Room
»	Trades Hall
»	Tool Shed

»	New Editorial Guidelines
»	Letter to Canberra
»	A Fowler Smell
»	Who Saved May Day?

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