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STATUTE – CODE OF ETHICS

Code of ethics and discipline of the university community

 


Fundamental principles

Article 1

Nature of the Code

The present Code, drawn up in compliance with articles 2, n. 1, letter e); n. 2, letter m), and n. 4; and art. 18, n. 1, Law 30 of December 2010, n. 240, sets out a series of principles and rules that should be observed by persons working at LIUC–Università Cattaneo, sharing and performing tasks in accordance with profiles susceptible to ethical evaluation. The indications provided, in addition to those legally in force resulting from legislation, statutory or regulations, are still applicable even if not addressed here.

Article 2

Core values of the university community

The core values of the university community, referred to in art. 2, n. 4 of Law n. 240 of 2010, is primarily to identify values of a general nature established by the Constitution of the Italian Republic and the Charter of Rights adopted at international, European and national levels an according to it, in the laws containing general rules for education established by state law, the Statutes of the University, and other documents directly or indirectly retrieved by these.

  1. In particular, the provisions in general terms relating to the protection of the freedom and dignity of the person in the workplace, in terms of equal opportunities, enhancement of gender differences and freedom of teaching and scientific research.
  2. The main objective of all the activity that takes place in the University is the cultural and professional growth of the entire university community, the education of students who attend any activity it organises, the increase of knowledge in the field of the research conducted, individually or collectively, by members of the academic community and the contribution to the development of the business community of the territory of the University.
    In this context, the didactic activity – whose purpose is to give students an education that gives them preparation in order to continue throughout their life – is connected to the activity of research. Therefore, in general, the exercise of the teacher’s role should be devoted both to teaching and research.
  3. The responsible organs of structure, with which the University articulates, give particular attention the preparation and implementation of didactic activities and support the conduct of research and activities related to the development of the economic community of the territory conducted by the teachers, collaborating with them in order to achieve the best result of university activity.
  4. For management employees who work at the University, the Code represents the integration and specification of the principles laid down in the laws and in the staff regulations.

Article 3

Recipients of the Code

The Code operates within the confrontations all persons who work and study at the University in any capacity (students, teaching staff and management, possessors of Italian and foreign scholarships, visitors or authorised guests, interns, grant or contract holders, outsourced staff, coordinated and continuous collaborators, consultants, doctor/post doctoral students, Master students, trainees and graduates, visitors, etc.). All are bound to conform with the principles of honesty, loyalty, fairness, transparency, impartiality and solidarity, set out in the Code, putting the best interests of the community before their personal ones.

Article 4

Equal treatment and evaluation of merit

  1. Within the activity, conditional with respect to the fundamental values mentioned art. 2, it is of primary importance in the life of the University, to strictly observe article. 3, first paragraph, of the Constitution that establishes the development of equality and the prohibition of discrimination. Of particularly seriousness is discrimination related to abuse of academic or hierarchical positions.
  2. Given that individual merit is the main assessment of the institutional activities of the university community, it does not constitutionally prohibit discrimination regarding the unequal treatment justified by objective assessments of the performance achieved in the activities specific to each teacher, student, or management employee.
  3. Individual articulations within the University and the Selection Committees of “concorsi”, exams or other similar procedures are required to conform with the evaluation criteria based on merit.
  4. Actions carried out by persons – even if not part of the Selection Committee, or persons whose activity influence decisions also outside the University – to favour unjustly an undeserving applicant are reprehensible.
  5. Violations of the rules of law in cases of bullying and the like, should be evaluated, as well as the application of sanctions imposed, in order to avoid causing any prejudice to the continuation of studies and/or career of the person who was the victim.

Article 5

Duties of the recipients of the Code

  1. In full respect for the freedom of scientific research and teaching, all recipients of the Code are entitled to the Code, in proportion to their respective roles, and all persons who have the right to education and who seek within the University a more complete training have a duty to conform with the principles of loyalty and mutual respect.
  2. In particular, the teachers of the University are required to carry out didactic and research activity and conform with the national rules and autonomy that concern them.
  3. Students are required to participate in didactic activity provided for in their training pathway, and actively collaborating with correct behaviour.
  4. All recipients of the Code are required not to entertain work relations or co-operation with parties whose interests conflict with those of the University and not to hire professional assignments that run counter to those interests and with the legislative rules.
  5. Recipients should also disclose to the head of the structure of reference, situations of conflict of interest, even if only potentially referable them.
  6. Recipients are also required to refrain from any conduct that might constitute, directly or indirectly, a form of favouritism or constitutes undue interference in the exercise of functions or duties of others.

Article 6

Freedom of teaching, research and study

  1. Within the fundamental values mentioned in art. 2, for the recipients of the Code, it is of particular importance that related to the exercise of freedom of teaching and research, individual or collaborative.
  2. The University is committed to creating an environment that fosters the ideals of freedom and individual autonomy, understood as a necessary prerequisite for study.

 


Ethics and rules of conduct

Article 7

Respect for the individual

  1. The dignity of a person should always be guaranteed in any kind of interaction, ensuring equal consideration and respect. All members and stakeholders of the University should be treated with courtesy, respect, honesty and fairness.
  2. Members of the University should create a serene environment, free from all forms of abuse, harassment and bullying.
  3. It is also forbidden any abuse and / or harassment suffered by a member of the University exercised in the form of intimidation, threats, humiliation, ridicule, offence, insult, abuse, unfair behaviour, offensive comments, groundless criticism.
  4. Any behaviour that may appear harmless constitute ill-treatment or harassment if repeated in a specific context, such as in teacher-student, teacher-researcher, manager-employee relationships is unacceptable, even if unintentional.
  5. Members of the University should take appropriate measures in an effective and efficient way to prevent ill-treatment and harassment by applying the appropriate sanctions on those responsible.

Article 8

Discriminatory practices

  1. All members of the University have the right to be treated with equal respect and consideration, and not to be unfairly discriminated against, directly or indirectly, by reason of one or more factors; including religion, gender, sexual orientation, conscience and belief, physical appearance and skin colour, language, ethnic or social origin, citizenship, personal and health conditions, pregnancy, family choices, age, and their role occupied at the university.
  2. Direct discrimination occurs when, on the basis of any of the reasons mentioned in the previous paragraph, a person is treated less favourably than another is, has been or would be, treated in a similar situation.
  3. Indirect discrimination occurs when a provision, criterion or practice places at a disadvantage in the persons identified by reason of the factors listed in the first paragraph, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.
  4. The University rejects any type of discriminatory behaviour or harassment, put in place with regard to a member of the University by individuals in a higher position or by other colleagues that is embodied in the form of victimisation or violence, moral enough to cause a deterioration in working conditions or study, or to significantly affect health, profession, life or dignity.
  5. The University rejects all forms of social prejudice, harassment or any discomfort, any stigmatising practices, degrading or humiliating, and any idea of moral superiority or supremacy of one group over another.
  6. It is the responsibility of the University and its members to encourage initiatives that may protect and enhance disadvantaged persons and encourage cultural diversity.

Article 9

Sexual harassment

  1. The University considers sexual harassment towards a person to be an interference with their freedom, dignity and inviolability. Therefore, all necessary action should be taken to prevent and suppress it.
  2. Sexual harassment is any unwanted act or behaviour whether physical, verbal or non-verbal, with sexual connotation.
  3. By way of example, the following may be considered as sexual harassment: a) requests for sexual favours, and / or unwanted proposals for performance in a sexual content, and / or attitudes or degrading verbal and non-verbal expressions relating to the personal sphere of sexuality directed at a person, regardless of their gender or sexual orientation;b) behaviour that is inappropriate and offensive, aimed at obtaining unwanted physical contact; c) adoption of gender criteria in interpersonal relationships
  4. It is considered to be the most serious sexual harassment that related to the promise of benefits of any kind in connection with the availability of the harasser.
  5. Persons who witnesses sexual and psychological harassment and do not intervene in defence of a victim of may be considered co-responsible.
  6. All persons involved in any capacity in cases of harassment or sexual abuse are sworn to secrecy on the facts and information that come to their knowledge.
  7. A person who has suffered harassment or abuse is entitled to request the deletion of their personal data on any documents to be published.
  8. Persons who have the management of structures, offices and, in general, responsible positions have a duty to be vigilant and prevent the occurrence of sexual harassment; they should also give their support to the person harassed, ensuring confidentiality.

Article 10

Student ethics and disciplinary offenses

During the course of their studies at the University students are required to conform with behaviour that respects the law, the regulations of the University and civil rules of coexistence, and to refrain from damaging the assets of the University or of third parties, even if they are there temporarily .

Students are asked, individually and collectively, to respect, protect and promote the core values of the University and any other rules contained in the Code.

The breach of duties of conduct set out in the preceding paragraphs involves disciplinary liability in accordance with the rules described in the following articles.

It remains subject to the adoption by the University of the measures provided for by law in all cases where behaviour constitutes civil and / or criminal offense.

As an example, the following facts constitute disciplinary offenses / behaviours:
a) disrespectful behaviour toward other students, teachers and in general of University staff, when not taking something particularly serious in relation to the injury and the potential prejudice to the procedures used;
b) not respecting the activities, the environment, spaces, furniture and equipment, and applications dedicated to teaching, study and research that may lead to a material loss to the University;
c) not conforming to the rules of authenticity and originality of the test, such as copying from unauthorised texts or notes or communication with the outside during practice written exams.
d) plagiarism in the writing of the thesis or doctoral degree and kind of written assignments at the conclusion of the course of study;
e) manipulation and falsification of corporate documents and certifications in order to gain an advantage for themselves or others;
f) any conduct contrary to the Code and other regulations of the University.

Article 11

Ethics of management employees

  1. A management employee should fulfill their duties with commitment and responsibility and respect the principles, with good conduct and impartiality, of the administration, putting the rule of law and public interest above the private interests of their own and others. They should also adapt their behaviour to the principles concerning employment relationships contained in the staff rules.
  2. The employee should behave in such a way as to favour the establishment of relations of trust and cooperation between the various members of the university community.
  3. In this specific context, and taking into account the need to ensure the best quality of service, the employee should, in particular:
    a) work diligently, observing the provisions for the execution and discipline of the work given by the management;
    b) respect professional secrecy in cases and manner prescribed by the rules of jurisdiction, pursuant to art. 24 of the Law of 7 August 1990, n. 241;
    c) not use for private purposes the information made available to them on official business;
    d) in relations with the other members of the university community, provide all information to which they are entitled, in compliance with the provisions on transparency and access to administrative activities envisaged by the Law of 7 August 1990, n. 241, by the implementing the regulations of the same;
    e) respect the working hours, comply with the formalities for recognition of attendance, and not be absent from their place of work without authorisation;
    f) maintain proper conduct, during working hours, interpersonal relationships with principles of fairness, and refrain from conduct prejudicial to the dignity of other persons;
    g) not attend foreign work unrelated to their service;
    h) carry out orders regarding the performance of their duties or functions that are issued by their superiors. If they consider that an order is patently illegal, the employee should make a complaint to those who gave it, detailing the reasons. If the order is renewed in writing, they have a duty to implement it. The employee should not, however, carry out the order when it involves the violation of the criminal law;
    i) take care of the premises, furniture, objects, machinery, tools, equipment and vehicles in their charge;
    l) not make use of what is the property of the University for reasons that are not in their service;
    m) comply with the provisions governing access to the premises of the University and not introduce, unless they are duly authorised, strangers to areas of the University not open to the public.

Article 12

Ethics and fundamental duties of teachers

The University teachers should:
a) carry out regularly, and at the times scheduled; didactic activity, guidance, tutoring and in general direct support to students for a minimum of annual hours established by law and in the manner provided by the didactic regulations of the University.
b) contribute to the prestige of the University in a way continuously adequate scientific research activities, where appropriate within the structures contained in the Statute, and with full respect of individual freedom of cultural and methodological guidelines, and transmit the results to students in the form and manner deemed most appropriate in harmony with the didactic programme of the courses of study. The activity of scientific research should be commensurate with the time available in relation to their position as a full-time teacher or defined for the part not dedicated to the didactic activity and service to students under the existing rules. Their contribution to the development activities of the economic community of the local territory of reference of the University is treated as scientific research for the purpose of the overall evaluation on the basis of guidelines set by the Academic Council and approved by the Council of Administration.
c) participate actively in the management of the University with constant presence at meetings of academic bodies with the obligation to justify any absences.
Didactic errors or negative results of the evaluation on the scientific productivity, as well as unexcused and protracted absences from meetings, are violation of the Code.
For didactic collaborators, including contract teachers, and research collaborators the provisions within their relevant contract and the general rules of the Code also apply.

Article 13

Academic freedom

In the exercise of academic freedom members of the University are required to maintain honest, responsible, careful, and ethical conduct in research.

Article 14

Social relevance of research and freedom of access to scientific literature

  1. The University, in view of the social relevance of scientific research, believes that the results of the research should contribute to the development and welfare of the entire community. Therefore, members of the university community are committed to ensuring the highest possible diffusion of the results of research conducted at the University and not to use it for private purposes.
  2. The University is committed to the promotion of the open access paradigm via publications, communications, conferences, educational activities and any other suitable means.

Article 15

Intellectual property and plagiarism

  1. Members of the university community are required to comply with rules on intellectual property and plagiarism.
  2. Their collaboration in activities, even if not in the concrete realisation of a collective work, should be reported appropriately in the customary manner, in addition to respecting the intellectual property rules. Also, finance obtained for the preparation and publication of individual works should be reported.
  3. The academic activities of scientific importance, performed collectively, should indicate all the names of those who have contributed, specifying the collaborators and students, relating to the individual parts. The co-authors of the group should not include persons who have not made any contribution.
  4. Plagiarism is defined as the partial or total assignment of words, ideas, research or discoveries of others to themselves or to another author, regardless of the language in which they are officially presented or disclosed, or the omission of mention of the sources. Plagiarism may be intentional or the result of non diligent conduct.

Article 16

Responsibility of the research group coordinators

Nell’ambito di ciascun gruppo di ricerca è compito del coordinatore:
a) promuovere le condizioni che consentono a ciascun partecipante di operare secondo integrità, onestà, professionalità, libertà;
b) valorizzare i meriti individuali ed individuare le responsabilità di ciascun partecipante;
c) sollecitare il dialogo, la cooperazione, la critica, l’argomentazione, lo sviluppo delle idee e delle abilità personali.

Article 17

Conflict of interest

  1. A conflict of interest occurs when the private interest of a member of the University, actual or potential, conflicts with the interests, not only economic, of the University. This conflict also affects the external relations of work with training providers and potential competing universities.
  2. Private interest, not just economic in nature, may for example include:
    a) the immediate interest of a person as a member of the University;
    b) the interest of entities, physical or legal persons with whom a member of the University entertains economic relationships, professional or consulting;
    c) the interest of legal persons or entities to which a member of the University has control or owns a significant share of financial participation;
    d) the interest of another person where they may consciously give advantages to a member of the University.
  3. A member of the University who, by participating in a collective decision, is in conflict of interest and should refrain from acting.

Article 18

Favouritism

  1. The University is opposed to any form of favouritism that conflicts with the correct evaluation of merit, honesty, integrity, professionalism and academic freedom, fairness, impartiality and transparency, and It requires professors, researchers and any other member of the University to refrain from such action.
  2. Favouritism occurs when a teacher or a member of the management staff, whether directly or indirectly – even in cases of recourse to external funding – using their authority or powers of persuasion to grant benefits, facilitate appointments or calls, affect outcomes or insolvency on selection procedures relating, in particular – but not exclusively – access and career development (including grants, contracts, for PhD scholarships, research grants, including fixed-term contracts) in relation to their students, understood as arbitrary conduct that is contrary to the values of honesty and impartiality or with the interests of other applicants objectively more deserving in the initiation or early in the next steps of their career.
  3. The verification of cases of favouritism requires an approach that takes into account the context and circumstances, in order to balance the different values at stake and avoid arbitrary discrimination of objectively deserving applicants.

Article 19

Exams

  1. In carrying out examinations, that should always be sustained publicly and with the commission in the intended composition in the specific regulations, examiners should take care to respect the personality and sensitivity of the exam-takers always trying to put them in the best conditions for the examinations. It is the duty of the examinees to follow fair and correct behaviour towards the Examination Committee.
  2. The teaching staff are forbidden to make available and / or pass on information regarding the examination, freely or for purchase, in advance to the students.
  3. It is a breach of article. 14 for a teacher who, on their own initiative or on other people’s pressure, promotes as a success the examination of a non-deserving student.

Article 20

Abuse of position

  1. No member of the University is allowed to abuse, directly or indirectly, the authority of their academic position or to hold office or position for the purpose of personal gain or in order to force other members of the University to perform facilities or services that fall outside the ordinary course of free educational activities, research, academic or administrative provisions. Also, it is not permitted for them to abuse their position towards the students.
  2. Abuse may also be recognised by behaviour that, while not illegal, is clearly contrary to the spirit of the rules and regulations of the University, as well as with the rules of conduct contained in other articles of the Code.

Article 21

Gifts and benefits

All members of the University should refrain from soliciting or accepting offers of gifts or benefits that may, directly or indirectly, influence the conduct of university activities for which they were appointed.

Article 22

Use of the name of the University

  1. No member of the University is allowed to:
    a) use improperly the logo and the name of the University;
    b) use the reputation of the University in association with professional activities, jobs, assignments or other outdoor activities, even if unpaid.
    The indication of location of members on campus is obligatory for teaching staff who publish works or writings for the public.

Article 23

Use of University resources

  1. All members of the university community should use the University resources in a responsible, diligent, and transparent way.
  2. No member is allowed, in the absence of express authorisation by the competent organs of the university institution, to use or give to any persons or external structures research equipment, space or human resource, material or financial, of the University for purposes of a personal nature.

Article 24

Respect for confidentiality

  1. All members of the University are required to:
    a) respect the confidentiality of persons or structures for which the University holds protected information;
    b) not disclose data or information that has come to their knowledge in connection with participation in University bodies.

Article 25

Transparency and justification of decisions

The University preserves and promotes the transparency of administrative acts that is more than that required in order to govern, in particular by ensuring timely information that puts all stakeholders in a position to foresee the measures that are to be put in place and, where it is attributed to them, to make a decision in full knowledge of the facts.

Members of the University are always required to provide adequate and objective reasons for their decisions, including those affecting the position or career of other members of the University and concerning the description or promotion of educational activities.


Implementing provisions

Article 26

Compliance with the Code

  1. In accordance with the above provisions, it is the duty of professors, researchers, management staff, students and any other member of the academic community to:
    a) read the Code;
    b) conform with the standards of conduct specified in the Code and emerging interpretive practices;
    c) observe the Code and interpretive practices.
  2. In failure to comply with the Code, the Rector shall call those responsible with regard to the students and teachers, and the General Director shall recall the managers regarding the management staff. Initiatives or measures specifically aimed at removing, where possible, the effects produced by the facts, acts or conduct in violation of this Code shall also be taken.
  3. If there is the presence of situations that also constitute disciplinary offenses for violation of the ethical principles of the Code, the university regulations or violation of the law is carried out by the following articles.

Article 27

Violations by students

  1. The penalties applicable to disciplinary offenses of students to the facts set out in previous articles concerning them are:
    a) a verbal warning;
    b) a written warning with the insertion of the sanction in the student’s file;
    c) inhibition from a minimum of one month to a maximum of six months, from access to university services, such as library services and data, the study rooms, laboratories and other service areas where the violation took place during or in connection with use of the same or the use of facilities;
    d) a ban on one or more educational activity, including internship, from a minimum of 15 days to a maximum of six months;
    e) Disqualification from taking test exams and in general of profit, a minimum of an appeal to a maximum of 3 sessions.
  2. In the event of particularly serious disciplinary offenses:
    a) non-application of the bonus on the final score of the course of study, that may be due;
    b) non application for one or more academic years of reductions by merit of the student contribution established by the University, that may be due;
    c) suspension from the University from a minimum of three months to a maximum of one year, with the loss of the examination sessions and, cumulatively, the application of one or both of the penalties referred to in paragraphs a) and b);
    d) with respect to individual courses, Master classes, university Master and other institutional courses such summer courses or remedial courses, expulsion from the course of study without refund of tuition fees already paid
  3. The disciplinary measures should be proportionate to the gravity of the facts, taking into account possible recurrence of the behaviour, with respect of the person’s disciplinary record.
  4. In cases where the disciplinary offense is immediately detected and proves unequivocally attributable to one or more students and where there are also reasons of opportunity for immediate precautionary action, the responsible institutional structure (teacher in charge of educational activity, the teacher in charge of the didactic and research structure, officer or functionary in charge of administrative and electronic technical services) may immediately order, pending disciplinary proceedings, the extent of inhibition from specific educational activity, including that of internship and exams, from research and the use of library and University electronic services and from services related to didactics and research. This measure gives effective disciplinary power. This is, however, a precautionary measure, and may not in any case be longer than 30 days.

Article 28

Violations by teachers, researchers, assignees, scholarship/ teaching/research staff and collaborators

  1. The penalties applicable to disciplinary offenses of teachers, researchers, assignees and didactic collaborators, including contract teachers and research for the facts referred to in the preceding articles concerning them are:
    a) a verbal warning;
    b) a written warning with the sanction to be included in their personal file;
    c) suspension for one or more academic years from receiving authorisation to carry out activities outside the University under the special regulation and the authorisation to enjoy sabbaticals;
    d) suspension from office or from the post of academic responsibilities covered, up to one year;
    e) removal from office or from the post of academic responsibilities covered;
    f) prevention to attain senior academic positions or positions of responsibility, for a period not exceeding five years;
    g) suspension for up to three years from access to funds for research and / or to the University’s didactics
  2. In accordance with the royal decree of 31 August ,1933, n. 1592 supplemented by the provisions of the Law 25 October, 1977, n. 808, there are also applicable to university lecturers and researchers:
    a) censorship;
    b) suspension from office and salary, up to one year;
    c) revocation;
    d) impeachment.
  3. Censorship applies to the lack of official duties or misconduct that does not construct serious insubordination or that is liable to undermine the dignity and honour of the professor. It consists of a verbal warning of which notice should be given in a report by the Rector or in a written statement released by the Rector.
  4. Penalties provided for by numbers 2) 4) shall apply respectively:
    a) serious insubordination;
    b) habitual lack of official duties;
    c) habitual irregularities of conduct;
    d) acts, in general, that still adversely affect the dignity or honour of the professor.
  5. As for the contract teachers, assignees, scholarship holders and didactic staff and researcher are applied in case of violations of the provisions of the contract or the general rules of the Code:
    a) suspension or termination of the contract;
    b) suspension of the check and grant;
    c) suspension or termination of the employment contracts to didactic collaborators or researchers.
  6. The graded measure reflects the seriousness of the alleged offense(s) and the possible recurrence of the violations.
  7. The measure of the sanction(s) apply to the procedure provided by the Statutes and applicable regulations.

Article 29

Violations by management staff

Sanctioned conducts are provided by the staff regulations in force and the laws relating to employment and related penalties, and are imposed in accordance with the Statutes and implementing regulations.

Article 30

Procedure

The Rector shall publish the imposition of the penalty imposed on the teaching staff, researchers, researchers, assignees and didactic collaborators, including contract teachers, and researchers and students in the event that provision is made for single complaint.

In other cases the disciplinary proceedings are promptly initiated by sending the documents to the Disciplinary Board that operates on the basis of its functioning rules.
The General Director is responsible to establish the acts of their competence with respect to the management staff under the Statutes.
Where the violation relates to the Rector or the General Director, the Executive Committee of the University is responsible.

Article 31

College of discipline

The Disciplinary Board is responsible for the composition of their own operating rules and operates with the procedures laid down by the regulation adopted pursuant to the rules of the Statutes.

Article 32

Approval and promotion of the Code

  1. The Code is approved by the Administration Board, and is issued by a decree of the President, published in the manner prescribed for legislative acts of the University, and enters into force on the day following its publication.
  2. The Code may be modified using the same procedures followed for its approval.
  3. The University is committed to:
    a) give wide publicity of the Code in the context of the persons concerned; it shall give a copy to employees upon their hiring, who shall sign a commitment to respect it; it shall give a copy to students upon their registration; it shall give a copy to the didactic staff, including contract teachers and researchers at the time their contract is concluded and who shall sign a commitment to respect it. As for persons who are already working at the University it shall promptly deliver to them a notice containing the address of the website where they may consult the Code, with a request to subscribe to the obligation of consultation, and commitment to respect it.
    b) ensure the widest possible dissemination of the Code, including the posting of it in all the appropriate places.
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