The regulatory and cultural repercussions of the Bondi Beach terrorist attack are still playing out on Australian university campuses, two months after the tragedy.
As former high court justice Virginia Bell heads a royal commission into antisemitism at a societal level, universities are receiving special attention from an education task force established days after the 14 December atrocity.
A February meeting of the task force examined the federal governmentâs efforts to boost the powers of the higher education regulator, Teqsa, amid a proposal that universities lose funding for failing to curtail antisemitism. The government has not spelled out whether it will do this but it plans to empower Teqsa to impose significant penalties.
A September asked whether Teqsa needed more âtimely enforcement approachesâ â including civil penalties, injunctions and the power to appoint administrators to universitiesâ governing bodies â âwhen justified and in the public interestâ. Education minister Jason Clare Teqsa needed âbetter toolsâ to respond to systemic risks. âAt the moment Teqsa has a sledgehammer and a feather, and not much in between.â
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In a strongly worded to universities, issued the day after the task forceâs meeting, Teqsa warned vice-chancellors to show âdeliberate, visible leadershipâ in the aftermath of the Bondi tragedy. This included âintervening earlyâ if âsafety or inclusionâ were put at risk.
âThe community is watching closely,â the letter says. âA new academic teaching period presents an opportunity to demonstrate that higher education institutions can balance academic freedom and academic standards with their fundamental obligation to keep students safe. This teaching period and beyond is an opportunity to rebuild trust where it has been strained.â
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Meanwhile, the first âreport cardsâ on universitiesâ handling of antisemitism are due in May. The process will assess universities in four tranches, starting with the Group of Eight.
Former Australian Catholic University vice-chancellor Greg Craven, who has accused campus leaders of fostering a permissive environment for antisemitism by turning a blind eye to âviciousâ protests, is leading the report card initiative.
An explanation of the report card process, leaked to , says it will assess universitiesâ efforts in four âpriority areasâ: policies and procedures, complaint processes, awareness training and âintegrationâ of a definition of antisemitism.
The confidential reports will grade each university from A to D overall and in each priority area. A second wave of assessments will âtrack progress and continuing problemsâ after an eight-week âperiod of reflectionâ.Jillian Segal, the governmentâs special envoy to combat antisemitism, will publish a sector-wide report card by the end of 2027.
The institutional assessments will examine issues including access to campus grounds, regulation of flags and âimageryâ, and responses to protests and encampments. Universitiesâ policies must mandate ârespectful discourseâ consistent with âvigorous intellectual debateâ, the document suggests.
Their processes must ensure that complaints are not âdownplayed, deflected, disregarded or stymiedâ. Training must promote an understanding of the âshape-shifting and viralâ nature of antisemitism and that âantisemitic language can end in violence or deathâ.
The document says the controversial International Holocaust Remembrance Alliance definition of antisemitism is âpreferredâ but an alternative developed by Universities Australia is âacceptableâ. Either definition must be adopted in each universityâs constitution or statutes âso as to control all inferior policies and proceduresâ.
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The National Union of Students said the process, as described, would have âserious and far-reaching consequencesâ for academic freedom and legitimate political expression. âPeaceful protests, political symbols and flyers are not the drivers of antisemitism. Universities should not be compelled to police political viewpoints under the guise of anti-racism.â
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Steven Schwartz, former vice-chancellor of Macquarie and Murdoch universities, said arguments about academic freedom had been used as cover for antisemitic behaviour and administratorsâ reluctance to address it.
âThere have been so many complaints over such a long time from Jewish students about feeling unsafe,â Schwartz said. âUniversities haveâŠspent years excusing antisemitism and avoiding decisions that might upset activists.
âWeâre notâŠasking these leaders to figure out Middle East geopolitics. Just donât let people harass and express hate towards other people. If government has to threaten to get universities to do what they should have been doing anyway by withholding money, thatâs clearly an indictment of university leadership.â
Schwartz said many vice-chancellors had erred by allowing their institutions to take stands on political issues, as demonstrated by their public advocacy for the âyesâ case in the referendum on an Aboriginal voice to parliament. This made it difficult for them to prevent academics taking activist stands on issues outside their area of expertise.
âUniversity leaders have been equivocating about antisemitism. Theyâre really just going with the wind. They read the room for moral leadership. I would ensure that there were policies against antisemitism, make sure that the institution was neutral on geopolitical issues, and discipline anyone who crossed the line.â
Geoff Sharrock, honorary senior fellow at the University of Melbourne, said it was debatable that universities in general had tolerated antisemitism or âpandered to the most vocal groupâ. He said perceptions of universitiesâ behaviour had been based on a few âoutrageousâ cases that had garnered media attention â potentially overlooking many others that had escaped notice because they had been handled through universitiesâ confidential complaint processes.
Sharrock said it was extremely difficult for universities to balance their concurrent obligations to well-being and free expression. âIt wasnât that long ago that universities were being asked to step up on free expression. Now theyâre being asked to crack down on excessive free expression across a spectrum of views that some people find outrageous and others donât.â
He said legislative solutions on their own could not rectify campus antisemitism. Nevertheless, university administrators would be âdusting offâ the changes they had made in the wake of the 2019 French Review of free speech on campus â when the government had pressured universities to comply with a âmodel codeâ produced by the review â to assess whether new changes were needed.
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The model code ran to seven pages, demonstrating the sheer difficulty of producing a âsnappy set of rulesâ to guide speech on campus. Sharrock himself has produced a to support open debate on contested topics but said managing campus expression would always be a challenge. âItâs very hard to communicate those rules succinctly to staff, let alone students.â
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