A CODE OF PRACTICE FOR ETHICAL CONDUCT
IN HIGHER EDUCATION INSTITUTIONS: RECOMMENDATIONS FOR THE MINISTRY OF EDUCATION AND SCIENCE OF KOSOVO*

DRAFT MODEL CODE OF CONDUCT FOR MEMBERS OF BOARDS, RECTOR, PRO-RECTORS AND OTHER STAFF WITH MANAGERIAL RESPONSIBILITIES

Introduction

The aim of this document is to provide a framework for a model code of practice for ethical conduct by Members of Boards, Rector, Pro-Rectors and other staff with managerial responsibilities in higher education institutions. The recommendations in this model code should be reflected in the internal statutes, rules and procedures of the respective institution.  They are based on the outcomes of the Council of Europe project ‘Strengthening Integrity and Combating Corruption in Higher Education’.

Principles

Members of governing bodies and managers appointed according to the provisions of the Law on Higher Education are expected to conduct themselves in accordance with the following general principles derived from international sources:

ü  Integrity;

ü  Honesty;

ü  Truth;

ü  Transparency;

ü  Respect for Others;

ü  Trust;

ü  Accountability;

ü  Fairness;

ü  Equity,

ü  Justice and Social Justice;

ü  Democratic and Ethical Governance

ü  Selflessness;

ü  Objectivity;

ü  Openness;

ü  Leadership.

Governing bodies

In pursuance of these general principles, each higher education institution must adopt and publish a Code of Conduct for members of governing bodies which as a minimum incorporates these principles and provides sanctions for non-compliance in accordance with the legislation in force. In particular, members:

·         should respect the legal provisions differentiating between the respective roles of the governing body, the Senate and the Rector;

·         should place the interests of the institution above their own interests, and should not seek to profit from their positions otherwise than as provided by the legislation in force;

·         should not accept any mandate to act or refrain from acting in a particular way from the organisation or body which has appointed them, or accept any instruction from any individual, or from any political party, trade union, religious or other external source;

·         should declare at the start of a meeting where they, or any member of their immediate family, have any personal interest in any item on the agenda for discussion, including human resources (including staff appointments and promotions), financial, contractual or other relevant matters, and should withdraw officially from the meeting if any such matters are discussed;

·         must not solicit or accept any bribe or other financial consideration, or seek or accept any other personal favour, which may influence them in the decision-making process, and must immediately report any attempt to bribe or offer personal favour to the relevant authorities;

·         in exercising their collective authority, or personal delegated authority to make or enforce rules for the governance and management of the institution, ensure that such rules comply with the legislation in force and the ethical principles set out above;

·         should adopt internal audit and risk management processes which enable members to be satisfied that the financial and other affairs of the institution are being conducted fairly, transparently, efficiently and effectively;

·         have the right to report any alleged non-compliance with the legislation in force or the ethical principles to the relevant authority in confidence without adverse personal consequences.

Managers

Also, in pursuance of the general principles set out above, each higher education institution must adopt and publish a Code of Conduct for managers, including the Rector, Pro-Rectors, Deans of Faculty, Heads of Department and holders of equivalent or similar titles, and members of the administrative staff with management authority, which as a minimum incorporates these principles and provides sanctions for non-compliance in accordance with the legislation in force. In particular, managers:

·         should respect the legislation defining the respective roles of the governing body and management;

·         in carrying out their functions and duties, should place the interests of the institution above their own interests, and should not seek to profit from their positions otherwise than as provided by the legislation in force and their respective contract of employment;

·         should not accept any instruction to act or refrain from acting in a particular way from any individual except a higher authority, or from any political party, trade union or religious group;

·         should declare in writing to the Rector (or in the case of the Rector, to the chair of the governing body) where they or any member of their immediate family have any personal interest in issues affecting human resources (including staff appointments and promotions), financial, contractual or other relevant matters;

·         must not solicit or accept any bribe or other financial consideration, or seek or accept any other personal favour, which may influence them in their work and must immediately report any attempt to bribe or offer personal favour to the Rector (or in the case of the Rector, to the chair of the governing body);

·         must not misuse the resources of the institution, or personal or commercial information held by it, for personal gain or that of any other person;

·         should ensure that all persons under their authority are made aware of the relevant legislation and rules and the consequences of non-compliance, and to promote ethical conduct;

·         have the right to report any alleged non-compliance with the legislation in force or the ethical principles to the relevant authority in confidence without adverse personal consequences.

Related Rules

In addition to the Codes of Conduct for Members of Boards, Rector, Pro-Rectors and other staff with managerial responsibilities, other rules should be adopted or existing rules adapted according to the ethical principles stated above.