1 Policy Statement
This Code describes the standards of conduct expected by Sydney School of Entrepreneurship (SSE) to help all in our diverse community behave in ways that uphold our guiding principles:
- Make opportunity accessible;
- inspire change;
- always adapt; and
- deliver impact.
2 Scope
The policy applies to all SSE participants who may engage with SSE.
This Code:
- applies to all actions and activities (including inaction or inactivity) on the premises and extends beyond the physical environment to the virtual or online environment and must be read in conjunction with the statutes, rules and resolutions of TAFE NSW;
- stands beside but does not exclude or replace other legally binding obligations.
Participants who are not necessarily registered for SSE’s activities, may be subject to the provisions of this Code. Engaging with SSE, means you agree to and comply with the Code of Conduct. In the case of misconduct by such persons, the matter may be referred to their home institutions.
3 Definitions
Alcohol means a beverage containing more than 1.15% ethanol by volume at 20°celsius, including beer, wine, spirits and pre-mixed spirit-based drinks.
Bullying means any unwelcome act directed at a person that:
- would cause a reasonable person in the circumstances to be humiliated, intimidated or seriously offended;
- place a reasonable person in the circumstances in fear of physical or emotional harm to him- or herself or of damage to his or her property; or
- occurs in person on and around the premises, via internet, e-mail or other electronic means.
Dishonesty includes unethical behaviour.
Drug paraphernalia means any illegal drug equipment and materials which are used or designed for use in injecting, ingesting, inhaling or otherwise introducing into the human body.
Drunk means in respect of a person, that as a result of consumption of alcohol or another drug the person’s speech, balance, coordination or behaviour is noticeably affected.
Hazing means any act which:
- endangers or is likely to cause psychological or physical harm to the person being hazed;
- involves the humiliation of the person being hazed;
- destroys, damages or endangers property of any person or group or organization that person is related with; and
- includes any assault, physical activity or forced consumption.
Home institution means the institution where staff, academics, researchers work or participants are enrolled.
Illegal drug means:
- a plant, drug or substance that is in possession, use or distribution of which is unlawful or, if only available on prescription for which the person does not have a prescription; and
- a substance that has the chemical structure of which is substantially similar to chemical structure of an illegal drug and has a substantially similar effect to the illegal drug;
Improperly influence means:
- corruptly offering an inducement or reward for doing something; or
- making a demand for the purpose of influencing the exercise of a duty by any person or otherwise obtaining a benefit or advantage for any person; and
- making or allowing an express or implied threat of detriment to another person if demand is not complied with.
Intoxicating includes stupefying.
Misconduct means any conduct which is prohibited under this code.
Offensive means in respect of any conduct or language, anything which a reasonable person would regard as offensive, insulting or humiliating in the circumstances.
Participant meaning anyone who is registered for or participant of one of SSE’s learning activities, including short courses, other programs and events.
Possession by a person includes being in direct control of or being in the vicinity of that person in circumstances where it is reasonable to assume it was in person’s possession or control of that person in the recent past.
Property includes facilities, resources, equipment, intellectual property and online and physical infrastructure.
Race includes colour, descent or ancestry, nationality or national origin and ethnicity or ethnic origin.
Reckless means any act by a person occurring heedless of danger or despite the fact that person or a reasonable person would foresee the possible consequences of that act.
Religious belief or activity means:
- holding or not holding a religious belief or view; or
- engaging in, not engaging in or refusing to engage in a religious activity including wearing clothing or adopting any other aspect of personal appearance in accordance with a religious belief
Right to freedom of expression means the right of a person to lawfully say or do something reasonably and in good faith:
- in the course of any statement, publication, discussion or debate made or held for any genuine academic, artistic or scientific purpose or any other genuine purpose in the public interest;
- in the performance, exhibition or distribution of an artistic work;
- in making or publishing:
- a fair and accurate report of any event or matter of public interest;
- a fair comment on any event or matter of public interest if the comment is an expression of a genuine belief held by the person making the comment; or
- material for the purpose of discouraging misconduct.
- in making or publishing a fair and accurate criticism of or a complaint about SSE or any member of the SSE community.
Sexual contact means any touching of an erogenous zone of another person (including the inner thigh, buttocks, pubic region or if the person is a female, breasts), either directly or through clothing or by causing anything to touch such a zone.
Sexual harassment means a person:
- making an unwelcome sexual advance, or an unwelcome request for sexual favours, to another person; or
- engaging in other unwelcome conduct of a sexual nature (including making a statement of a sexual nature to or in the presence of another person) in relation to another person,
and a reasonable person in the circumstances would be intimidated or offended by that conduct
SSE campus means building J, 651-731 Harris Street, Ultimo NSW 2007, Australia.
SSE community includes any person engaged in any dealing or discourse with SSE.
Stalking means a course of unwelcome conduct that is directed at a person and that would cause a reasonable person in the circumstances to be seriously alarmed, annoyed, distressed or feel harassed and includes but not limited to:
- contacting, communicating or causing a communication with another person for no legitimate purpose after being asked to stop;
- continuing to follow another person for no legitimate purpose after being asked to stop;
- surveilling or causing another person to surveil a person for no legitimate purpose;
- the surveilling or frequenting of the vicinity of, or an approach to, a person’s place of residence, study or work or any place that a person frequents for the purposes of any social or leisure activity, for no legitimate purpose; or
- sending gifts to a person for no legitimate purpose after being asked to stop.
Vilify means engage in conduct that incites hatred against, serious contempt for or revulsion or severe ridicule of a person.
Weapon means any object or substance designed to wound, cause injury or incapacitate including any firearm, ammunition, pellet gun, spear, sword, knife or other blade, stun gun and any chemicals such as capsicum spray, Mace or tear gas;
2 Roles and Responsibilities
2.1 Chief Executive Officer (CEO)
The SSE Chief Executive Officer (CEO) has ultimate responsibility and accountability for the observance of the Code of Conduct at SSE.
2.2 Management
Managers and decision makers at all levels in SSE are accountable for ensuring that all participants behave in accordance with this code.
2.3 Ongoing Administration
All participants have the responsibility to conduct themselves in accordance with this Code and all other codes, policies, rules and procedures.
3 User Policy
3.1 Introduction
The overarching obligation of all SSE participants is to act in the best interests of SSE at all times. This Participant Code of Conduct is intended to promote integrity and ethical behaviour, and to guide individuals’ dealing with other participants, SSE and the national and international community.
The professional and dedicated SSE team is driven to provide anyone engaging with SSE, a safe and ethical environment. Everyone is expected to welcome and treat one another with respect, dignity and courtesy regardless of gender, age, sexual orientation, disability, physical appearance, body size, race, or religion.
People are expected to empower each other by developing attributes and enhancing skills - making opportunity accessible for all to participate and enjoy any SSE activity.
We work to the principle of transparency and sharing information. Freedom of expression shall be respected, and conflicts are expected to be resolved fairly, honestly and calmly while maintaining a cooperative and collaborative approach to inter-personal relationships.
The Code stands beside but does not exclude or replace other legally binding obligations. This Code must be read in conjunction with the relevant state and federal law and TAFE NSW statutes, regulations and policies. Anyone violating these rules may be sanctioned or expelled from the activity and refused entry to further activities at the discretion of SSE.
3.2 Individual conduct
All who interact with SSE in and around the SSE campus and the virtual or online environment must:
- act honestly, ethically, respectfully and professionally in dealings with others;
- respect privacy of others;
- resolve conflict respectfully, calmly and fairly;
- maintain a cooperative and collaborate approach to inter-personal relationships;
- ensure not to act in a manner that unnecessarily or unreasonably impedes the ability of others to carry out their study, research or work at SSE;
- treat others with respect, dignity, impartiality and courtesy;
- respect all property, specifically, SSE’s resources, including information and communication technology resources in a lawful and ethical manner and using these resources only for purposes relating to SSE, unless express permission has been granted by SSE for private usage.
3.3 Misconduct
3.3.1 Disruption or harm
All who are around or on the premises or in the virtual or online environment of SSE must not intentionally or recklessly:
- disrupt or hinder the exercise of the right of freedom of expression by anyone;
- disrupt or hinder any SSE activity;
- interfere with the ability of anybody to engage in or enjoy an SSE activity or to access, occupy, use or move about the SSE’s property;
- engage in disorderly conduct including:
- fighting with any person;
- disrupting a lawful assembly of persons; or
- doing anything which disturbs the peace.
- do anything which may bring SSE into disrepute including making or publishing false or misleading statements relating to SSE.
3.3.2 Dishonesty
All who are around or on the premises or in the virtual or online environment of SSE must not intentionally or recklessly engage in any dishonest behaviour including:
- being dishonest in dealings with SSE;
- steal or take or use without permission any property of any person or possessing property which is stolen or taken without permission;
- use or provide false or misleading documentation or information for the purpose of obtaining a benefit or advantage for any person;
- impersonate another person or rely on the academic record or any other aspect of another person for the purpose of obtaining a benefit or advantage for any person, or
- improperly influencing any SSE representative.
3.3.3 Safety
All who are around or on the premises or in the virtual or online environment of SSE must not intentionally or recklessly:
- do anything which may endanger the physical or mental health, safety or well-being of any person;
- possess, store or use any weapon, explosive materials, fireworks, dangerous chemicals or biological agents or other, without authorisation from SSE.
3.3.4 Breach of rights
All who are around or on the premises or in the virtual or online environment of SSE must not intentionally or recklessly:
- cause physical harm to any person or bully, stalk, sexually harass or haze (including hazing to which the person being hazed has consented) any person;
- engage in violent or threatening behaviour including using threatening or abusive language;
- conduct themselves in an offensive manner or use offensive language, on or near, or within view or hearing from SSE’s premises or whilst engaged in SSE activities, without a reasonable excuse;
- make allegations of misconduct by another person to SSE or of unlawful conduct to the police or any other government body if:
- the alleged misconduct or unlawful conduct is trivial; or
- the allegation is made without reasonable grounds; and
- the allegation is made or pursued to harass or annoy, cause delay or detriment to another person or for another ulterior purpose
- make any sexual contact with any person without that person’s consent;
- vilify another person or class of persons because of the actual or perceived gender (including the characteristics of the actual or perceived gender), gender identity, intersex status, sexual orientation, race, marital or relationship status or religious beliefs or activities, disability or age of that person or class of persons;
- disclose or purport to disclose to any person the sexual orientation, gender identification or intersex status of any person who is gay, lesbian, transgender or intersex, without that person’s authorisation unless it is public knowledge because of a public disclosure by or authorised by that person;
- victimise a person by subjecting that person to any detriment because he or she, or a person associated (whether as a relative or otherwise) with him or her, does or proposes to do any of the following:
- condemn, express disagreement with or take any step to prevent, misconduct by any person
- inform SSE of the misconduct
- participate in an investigation into alleged misconduct or participate in disciplinary proceedings or legal proceedings relating to misconduct by any person, or
- engage in an SSE activity
3.3.5 Alcohol and drugs
It is prohibited for a person who is under 18 years of age to drink alcohol. The possession, use, production or supply of a drug is declared prohibited. All who are around or on the premises must not intentionally or recklessly:
- be drunk on any part of the SSE premises;
- consume or distribute alcohol on any public part of the SSE premises except those parts:
- which are licensed for the sale and consumption of alcohol; or
- on which SSE otherwise authorises the moderate consumption of alcohol;
- use, possess, grow, manufacture, store or distribute illegal drugs or drug paraphernalia
- give another person or cause another person to be given or to consume food or drink which contains an intoxicating substance if the recipient is not aware the food or drink contains the intoxicating substance or that the food or drink contains more of an intoxicating substance than the recipient would reasonably expect it to contain.
3.3.6 Property
All who are around or on the premises must not intentionally or recklessly:
- damage, destroy, endanger, vandalise, put at risk, pollute or obstruct, or
- hinder, disrupt or otherwise interfere with the operation or availability of,
any SSE property or any property of any associate of SSE
- enter, occupy, use or interfere with any SSE property or enable any other person to do so, without authorisation from SSE
- possess, duplicate, use or provide other persons with access codes, keys, access cards, passwords or similar information or devices to any SSE property, without authorisation from SSE.
3.3.7 Cooperation
All who are around or on the premises or in the virtual or online environment of SSE must not intentionally or recklessly:
- fail to comply with any agreement between the participant and SSE or home Institution;
- disobey a reasonable direction given within their authority by a SSE representative;
- refuse to disclose his or her name or age or show proof of identity or age or their identity card to a SSE representative if it is reasonable to request it to be given (it will be taken to be a reasonable request if the person is on the SSE premises or engaged in or present at SSE activities);
- possess or provide to any SSE representative false or misleading proof of identity or age or a false identity card;
- obstruct any SSE representative in the performance of their duties.
3.3.8 Compliance
All who are around or on the premises or in the virtual or online environment of SSE must not intentionally or recklessly:
- do anything which is unlawful in New South Wales or, if done outside of New South Wales, would be unlawful if it was done in New South Wales;
- breach any SSE principle/regulation;
- breach any applicable standards of professional conduct.
3.3.9 Mobile Phones & Cameras
- The use of cameras, including mobile phone cameras, is not permitted on the Premises unless an SSE representative and involved participant, other SSE staff members or visitors has granted permission.
- Commercial photography and filming must be authorised in writing by SSE by prior arrangement.
3.3.10 Animals
Animals, with the exception of guide dogs for the visually and hearing impaired, are not permitted within the SSE Premises.
3.3.11 General personal conduct
All who are around or on the premises or in the virtual or online environment of SSE must not intentionally or recklessly:
- incite, persuade, conspire with or assist any other person to engage in misconduct;
- attempt or threaten to do anything which is misconduct;
- be party to any cover-up of misconduct or the destruction, concealment, alteration or withholding of any evidence of misconduct or otherwise conceal the identity or whereabouts of any person who is alleged to have engaged in misconduct;
- publish or display material which could be understood by a reasonable person as indicating that somebody intends to engage in misconduct.
4 Jurisdiction
This code applies in any context relevant to:
- the management, good governance or discipline of SSE;
- the reputation of SSE;
- the rights, health, safety or wellbeing of members of SSE community or of associates of SSE;
- the safety of the property of SSE, members of SSE community or of associates of SSE.
and includes any conduct:
- anywhere (including on or off SSE premises or the premises of any member institution) or at any time (including when the SSE is in or not in session) in any of those contexts relating to SSE activities; or
- in circumstances where:
- a participant is acting as or identifies themselves or is otherwise readily identifiable as being a member of the SSE community; or
- any act affects a person acting as or who identifies themselves as being a member of the SSE community or is otherwise readily identifiable as a member of the SSE community.
4.1 Broad interpretation
This code must be interpreted broadly and as operating to the full extent of, but so as not to exceed, the powers of SSE. If any part of this code or the application of any part to any person, subject matter or circumstance, would, but for this provision, be interpreted as exceeding the powers of SSE:
- it will be a valid provision to the extent to which it does not exceed that power; and
- the remainder of this code and the application of the provision to other persons, subject matters or circumstances, will not be affected.
4.2 Inclusive wording
In this code:
- the mention of anything after the word “include” or any derivative of it does not limit the nature or class of things included; and
- a reference to anything includes a part of it.
5 Misconduct and investigation
Misconduct is when anyone on or around the premises or in the virtual or online environment of SSE breaches the principles laid down in this Code. All are accountable for their misconduct. Any misconduct will be subject to disciplinary action by SSE. It is prohibited, without reasonable excuse, to not cooperate with a person carrying out an investigation by or on behalf of SSE as directed.
5.1 Misconduct allegation
To make a general misconduct allegation, send an email outlining the alleged misconduct to info@sse.edu.au. Include at least contact details, nature of alleged misconduct and if possible, available supporting material. SSE will respond as to how it intends to handle and resolve the matter within reasonable time.
6 Principles of Natural Justice
Investigations of alleged misconduct will observe principles of natural justice including:
- informing all parties of the allegations made;
- informing all parties of the procedure being followed;
- providing all parties with access to relevant codes, rules, policies and procedures;
- providing the respondent with the opportunity to state their case and provide an explanation and/or defence;
- SSE conducting a fair factual investigation of the allegation;
- SSE acting fairly and impartially by considering all relevant information in coming to a decision.
Last updated: January 2021
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