Case studies – Governance and risk frameworks

An academic at an Australian university writes a peer-reviewed paper critically analysing the policies of a foreign government which have received both strong support and opposition in the foreign country. The academic also provides students enrolled in their course with relevant literature including academic papers, journal articles and media reports, expressing various positions on the issue.  

The academic receives complaints from a group of students claiming the paper paints the government of their home country in a negative light, and that some of the journal articles and media reports provided to students were offensive. The students pressure the academic to publish more favourable views of the foreign government and remove the critical literature from the course reading list.

University Response – Consideration Point One:

Awareness Raising

• The university should consider how to appropriately inform the university cohort that foreign interference activities are unacceptable on campus, and ensure they are aware of the consequences. Following the incident, the university may consider:
  • Discussing behavioural expectations and consequences of misconduct with students and student associations. 
  • Providing guidance to staff on facilitating these discussions at the start of the course, and how to reinforce these expectations throughout. 
  • Ensuring messaging is inclusive for culturally and linguistically diverse populations.

Threat: Possible risk of foreign interference

The university soon receives large volumes of complaints and social media messages, and university administrators begin receiving pressure from officials from the relevant foreign mission to retract the paper and reflect their government more favourably in future publication.

University Response – Consideration Point Two:

Pressure on academic

• The university should firmly resist pressure from the officials representing the foreign government to retract the paper. 
  • As the paper has undergone peer review, retraction would impinge on academic freedom and freedom of speech.
• The university should consider reiterating its commitment to academic freedom through communications to staff and students, and on its website.
• The university should commit to increasing broader understanding of freedom of expression and academic freedom through accessible information on its website, ongoing training, and induction and orientation programs.
• Where the university, students or staff have concerns about behaviour or contact from foreign officials, or those officials’ engagement with the broader Australian Community, a report should be made to the Australian Government.
  • Reports can be made to the Australian Security Intelligence Organisation (ASIO) Notifiable Incidents, Threats and Reportable Observations portal.
  • Concerns regarding inappropriate conduct by foreign government officials can be directed to the Department of Foreign Affairs and Trade’s Protocol Branch via email to protocol.branch@dfat.gov.au. 

Threat: Identified risk of foreign interference

Following a class discussion on the issues raised in the academic’s paper, some students receive harassment and intimidation from fellow students, threatening to report them to the foreign country’s embassy and share their personal details online. Some of the affected students fear reprisals on their family overseas from the foreign government. 

The students confide in the academic that they do not feel comfortable reporting this incident online due to concerns that they could be identified. The academic reports these concerns to the University Security team.

University Response – Consideration Point Three:

Reporting Mechanisms

• The university should consider reviewing its complaints procedures and developing mechanisms to receive complaints or reports, including:
  • Secure contact mechanisms (e.g. encrypted email) for reporting.
  • Reporting systems which accept anonymous reports.
  • Allowing staff to report issues on behalf of students.
• The university could consider adopting a ‘no wrong door’ approach, enabling students to report to a trusted figure in the university.
• It could also engage with tutors, academics, and other professional staff to provide guidance on how to appropriately respond to and escalate a foreign interference complaint from a student.

Incident Response

• Following the report made by the academic, the university should conduct a thorough investigation of the incident. While investigating, the university should consider taking measures to protect the anonymity of those who reported the incident.
• If the university deems conduct was likely a case of foreign interference, it should consider informing the students involved that the conduct is inappropriate, and issue them with formal warnings.
  • The university should also consider including clauses relating to foreign interference and threatening behaviour in the university’s code of conduct.
  • The university should report the incident to the ASIO Notifiable Incidents, Threats and Reportable Observations portal.
• Senior officials from the university should consider publicly acknowledging the incident and articulating expectations relating to on-campus behaviour.
• Officials should reiterate the university’s guidance for those who encounter foreign interference, including reporting mechanisms and appropriate contact points. The university should provide ongoing support for the affected students including information about appropriate counselling and health services.
• The university should be ready to respond to ongoing harassment or intimidation.
  • The university should support the safety of affected students by connecting them with relevant staff members and campus security.
  • The university should continue to liaise with appropriate Government contact points and provide updates on the ongoing interference.
• Where misconduct continues to occur, the university should manage the behaviour in line with its code of conduct. 

Threat: Identified risk of foreign interference

For more information on appropriate Government contact points and reporting mechanisms for foreign interference concerns, universities can refer to the National Security Architecture Placemat.

An Australian university (the university) is approached by a student group requesting a poster wall where students can post messages to support a pro-democracy movement. Any expression of support for this cause is likely to cause offence to, and result in strong opposition from, other students and possibly a foreign country’s Consulate.

The university considered a number of issues with regards to the request:

• their commitment to protect freedom of speech for their students and staff whilst considering how to manage the potential complaints, intimidation and harassment from those opposing the movement
• their commitment to provide an open, inclusive and supportive environment for all members of the university community
• appropriate arrangements to facilitate students posting messages safely and deter vandalism. This included placing the poster wall in a high-thoroughfare and well-lit area, with extensive CCTV coverage and regular security attendance.

The university approved the request to establish the poster wall.

Over the year, teaching staff at the School of Economics at an Australian university (the university) receive reports that some students do not feel safe expressing their views on sensitive topics in class or in their assignments. Some students are seeking to avoid threats, harassment and surveillance from other students. 

One student confides in their tutor that, during a class where she participated in a group discussion on impacts of a particular economic policy on a foreign country, she overheard a group of students discuss reporting her to a foreign country’s Consulate. The student now avoids sensitive discussions in class, even though her tutor may penalise in her grade assessment for not participating. The situation is worse when classes are online because they can be recorded by other students.

The academic staff recognise that the growing reports of self-censorship compromise freedom of expression and academic freedom in their courses. These staff meet with the university’s administrators to discuss how they can provide a safe learning environment for all students to participate and express their views, and considers some options:

• at the beginning of each unit, teaching staff will talk to students about the university’s commitment to freedom of speech and academic freedom, highlight behavioural expectations and consequences of misconduct with reference to threats, intimidation and harassment and the university’s complaint handling process
• providing students alternative modes of participation without penalty
• allowing for work to be submitted anonymously
• consider whether instructions can be issued to students to minimise or even ban students recording classes when sensitive topics are being discussed.