DAE Code of Conduct

Our greatest responsibility towards the community is to ensure a safe environment in which the wellbeing of everyone, both students and tutors and staff, is guaranteed. It is only in an environment of harmony and reciprocal respect that we will be able to achieve these goals as an institution.

An environment in which inclusion, diversity and tolerance are natural. Everyone should feel welcome and safe on the physically and digitally premises of DAE.

We therefor do not accept discrimination in any form based on religion, beliefs, political opinion, racial background, gender, sexual orientation, civil status, disability or chronic illness, age, contract (freelanceor employment contract).

Everyone has the right to a safe work and learning environment. Both physically and emotionally. We do not allow any form of harassment, bullying, discrimination, gossip, coercion or threats of anykind.

We expect our tutors and staff to safeguard the emotional and physical safety of all colleagues and students.

DAE should be a safe environment for all its students, tutors and staff. Those who do not respect or who violate this safe environment do not belong to our community. Possible sanctions for students are: warning, reprimand, denying access to building(s) and area(s), denying the use of a provision or denying access to certain classes for the maximum duration of one year. For tutors (including coordinators, studio leaders heads, professors) and staff the sanctions are: reprimand, suspension and dismissal. The EB has the power to execute all sanctions.

All students, tutors and staff – the EB included – must at all times be aware of the responsibility they carry and act accordingly. Ensuring DAE is a safe space for all, and not just for some, is the responsibility of the Executive Board.

We expect our community to treat each other professionally and respectfully. We as an academy will take our responsibility. Inappropriate behaviour should not only be reported by the community (which is a passive way from an institutional stand point), we will actively adapt our structures to promote a safe and ethical environment. Line managers will be trained to recognize unacceptable behaviour and conduct more effectively so they can act appropriately without delay.

We expect our tutors and staff to be honest and sincere, be not open to corruption and to perform their dutiescompetently and with care. They take into account the responsibilities associated with their role, as well as the applicable standards and values within DAE.

Integrity goes beyond how we treat each other. Unethical and unacceptable behaviour includes:

• abuse of powers, prior knowledge or personal information;
• allowing yourself to be influenced when taking stand or given opinion (e.g. by a personal relationship, social status or a hierarchical relationship).
• allowing yourself to be bribed to turn a blind eye
• giving preferential treatment to family members or friends

We expect our community to act ethical, transparent, open, honest and trustworthy.

The rules of conduct provide guidance when making decisions where there is an element of discretion: your actions can be assessed in advance against the rules, and other people’s action can be assessed inretrospect.

We expect our tutors and staff to take responsibility for their own actions and behaviour and to work together in a professional manner.

We promote a culture of feedback in an accurate, respectful but direct way, without engaging into gossip.

Line-managers will encourage this culture.

We see ourselves as a learning organisation in which tutors and staff report their own mistakes, oversights, misunderstanding and incidents to their line manager. If the line manager cannot be consulted, the tutor/ staff member is to contact a confidential counsellor.

To provide an inclusive environment, all communication within the learning environment (both physically and digitally) is in English. Exceptions form those instances in which both teacher and student (group) are comfortable with and in another shared language than English (like Dutch). This will be on the request of the student.

English remains the default language of instruction and international students may never be excluded from any form of education or communication, due to the use of the Dutch language.

An above average command of the English language, both written and orally, is therefore a prerequisite of teaching and studying at and working for Design Academy Eindhoven.

We acknowledge the important role language plays in addressing all gender identities.

We are a learning community with as a common goal that all students, tutors and staff are addressed by their preferred pronouns.

See for further details DAE’s Language Policy in appendix I.

Intimate relationships, even if they are consensual, between students and tutors/staff are inadmissible for Design Academy Eindhoven.

The impact it has on areas as authority, judgement, sense of security, mutual understanding and our integrity cannot be underestimated.

Intimate relationships between tutors/staff and students fall therefor under unacceptable behavior.

Tutors/ staff must not invite students to their home or visit students in their homes. If a meeting cannot take place in DAE’s building, it must take place on neutral ground, in a public space.

Intimate relationships between tutors and/or members of staff are a private matter.

The relationship must never impact the work or learning situation of the member(s) of staff and/or colleagues in any way.

Tutors/members of staff are aware that an intimate relationship, even if it is consensual, can become problematic at any time if it involves a dependency or hierarchical (power-based) relationship.

Therefore, partners of DAE employees are excluded from DAE vacancies and application procedures.

Tutors/staff must always inform their line manager of a consensual intimate relationship. Any information that they provide will be treated as strictly confidential.

The line manager and the individual(s) concerned will discuss the potential consequences for the work or learning situation.

If possible, further agreements will be made, where appropriate in conjunction with HR.

Sometimes a different workplace can be found or a timetable can be adapted, but this is not a right. Potential solutions to the problem will always be explored if, in the line manager’s opinion:

• there is (or has been) a hierarchical (power-based) relationship between the tutors/ members of staff concerned;
• the tutors/ members of staff concerned collaborate or have collaborated directly and/or at structural level;

We expect tutors/staff to be cautious when excepting gifts and hospitality from third parties. We want to avoid (giving the impression of) dependency and personal financial and that a gift could (have) influence(d) the services and integrity of Design Academy Eindhoven.

The responsibility for a correct assessment, lays with the tutor/staff member themselves. When in doubt, they should consult their line manager.

We take the following principles into account:

• We do not accept gifts during the course of our work have an estimated value of more than €25;
• We do not accept gifts or invitations for which the giver (could presumed to) expect a return or favour in the (near or far) future;
• We do not accept benefits from companies or organisations with whom we have a professional relationship. This also applies to (potential) suppliers of the academy and in the context of a tender, for example.

External events – including trips, conferences, study visits and activities such as lunches, dinners andreceptions at external invitation – must be functional and always in DAE’s interests.

To avoid the impression of conflict of interest:

• Tutors/staff must only accept the invitation with the prior consent of the director or their line manager.The line manager will decide whether the invitation is reasonable and functional.
• Any costs of participation will be paid for by Design Academy Eindhoven, in accordance with theapplicable rules.
• Tutors/staff must not participate in external events or activities of (candidate) suppliers if it is known that discussions or negotiations are ongoing between DAE and the supplier, in the context of a tender, for example. This does not apply if participation is in DAE’s interests. The condition is that such participation does not affect the independent position of the tutor/member of staff concerned. It is up to the director of the line manager to determine whether that is the case.
• If an employee receives an allowance or a gift for participating in excursions, work visits, study trips, conferences or events, then - depending on the concrete circumstances of the case, the principles as mentioned under ‘Gifts and Hospitality’ apply.

In various parts of Design Academy, members of staff are required to enter into financial obligations. It is particularly important that they are fully aware of the rules of conduct and comply with them to the letter. When it comes to integrity, a procurement process is highly sensitive. Since Design Academy is spending public money, the process must be meticulous, efficient, lawful, transparent and independent and there must be fair competition. For more information on this, see ourGeneral Terms and conditions of purchase and supply.

Staff must not make purchases for private use through Design Academy.
All written and verbal agreements entered into directly or indirectly on behalf of Design AcademyEindhoven must be documented in such a way that they can be audited by auditors or otherwise.

Members of staff who purchase goods and services must provide all suppliers with correct and accurate information. They must not request quotations with the sole purpose of establishing a budget or comparing suppliers. They must only request quotations from suppliers that have a chance of winning the contract. Staff must not put suppliers under pressure to supply information on the competition.

They must treat all price, product and process-related information that they obtain from suppliers during quotation processes as confidential. Suppliers must be selected on the basis of objective criteria, not on the basis of personal preferences. During the selection process, all potential suppliers must receive the same information. Staff must never ask for services in return, nor suggest they will offer services in return. In the event of doubt, they must contact the Procurement Centre.

Tutors/staff must avoid giving rise to a conflict of interest between their private and business dealings. They must always put DAE’s interests first.

Tutors/staff must avoid (giving the impression of) material and immaterial conflicts of interest. Material conflicts of interest involve property or money; immaterial conflicts of interest involve personal or business relationships. If, notwithstanding, there is or appears to be a conflict of interest, the tutor/staff member must notify their manager immediately.

Tutors/members of staff must keep a written account of their business or financial interests in organisations with which DAE maintains business contacts, in so far as they are (or should be) aware of such contacts. If these business or financial interests arise or change while the employee is working for DAE, the employee must notify their manager immediately in writing. Tutors/staff must not participate through their private business in (grant) processes and/or projects of DAE, unless their line manager consents to it (see also the section on work for third parties).

Tutors/staff must not enter into agreements on DAE’s behalf with individuals and/or companies outside of the university in which they have or obtain (or could have or obtain) a business, financial or personal interest. Nor should they encourage the signing of such agreements. If, however, in exceptional and compelling cases, an agreement of this type appears to be desirable, the tutor/member of staff should inform their line manager accordingly. The line manager will then consider the interests involved and notify the Executive Board.

Tutors/staff must not participate in interview or tender procedures if an applicant involved in such a process is known to them personally, and must not be involved in the decision-making associated with these procedures. The same applies if the tutor/member of staff has business, financial or personal interests in a relevant company. In such cases the tutor/member of staff must notify their line manager.

In the event of equal suitability, Design Academy Eindhoven reserves the right, in situations where one of the applicants has personal ties with a tutor/staff member, to give preference to the applicant who has no personal ties with the tutor/staff member.

Tutors/staff must not assess or examine students to whom they are related or with whom they are acquainted. Where this is the case, the tutor/member of staff must notify their line manager, who will then take measures to ensure that the student is not given preferential treatment or disadvantaged as a result. Heads, studio leaders, coordinators and tutors will ensure at all times that assessment and examination is done in a way that the student is solely assessed on its work, the process etc.

DAE wants to continue to function effectively and to constantly improve the quality of the organisation.

In order to achieve an honest, safe and productive work climate, it is essential to pay attention to integrity, an accessible culture of accountability and good leadership. Integrity is an inseparable part of our professional conduct. Everyone's commitment is necessary to prevent unethical actions. Integrity is the responsibility of management, all supervisors and all employees and students.

The internal reporting of suspected misconduct contributes to this.

In such situations, tutors/staff can use the Regulations for reporting suspected misconduct (Whistle blowers’ Regulations).

The Whistleblowers House Act, which came into effect on 1 July 2016, obliges us to establish a procedure for dealing with the report of a suspected abuse: the "whistleblower procedure". DAE offers a reporting procedure to safely report misconduct and irregularities and have them investigated. Abuses and irregularities can be reported to the manager, the Secretary of the Executive Board or via the confidential counsellor. In addition, our reporting procedure offers employees the opportunity to discuss integrity issues confidentially with the confidential counsellor.

Managers are aware that reporting an abuse or irregularity can lead to a labor dispute or that a labor dispute can partly consist of an experienced abuse or irregularity. In that sense, both things can be mixed up. If the labor dispute has overlap with integrity, this integrity policy and the role of confidential counsellor apply to the integrity section.

Events that fall under the Whistle Blowers Regulations are all activity that is harmful for the Academy, like criminal offenses, deception, hazard to health or environment and cases that pose risk to the Academy and the Academy is disadvantaged due to handling or withholding information.

Seeking publicity is generally not recommended by the Whistleblowers Authority. You run the risk of violating your duty of confidentiality and forfeiting your legal protection against prejudice.

Fraud is a broad concept. It includes much of the misconduct described in these rules, e.g. theft, embezzlement, corruption and administrative fraud. DAE employees must refrain from any form of fraud. Theft and embezzlement also include less obvious offences such as using knowledge belonging to DAE without consent or ‘poaching’ DAE contacts when working on a freelance basis. Corruption may involve fiddling the records but copying and leaking confidential data, or misusing the name or logo of DAE (e.g. headed paper) also constitutes corruption. Administrative fraud is when tutors/members of staff submit incorrect expenses claims or statements of hours worked, report in sick without justification, or record hours that they have not worked or where they have worked on their own behalf (on a freelance basis). This means, among other things, but not exclusively, that tutors/members of staff:

• must not intentionally misrepresent the situation ;
• must not manipulate (financial) data;
• must not use financial resources in an improper manner;
• must not (personally) benefit in an unfair way from knowledge or materials developed by others. This includes teaching materials, publications and artistic concepts.

Tutors/staff must treat DAE’s property (tangible and intangible resources) with care. They must not use DAE’s equipment, materials, rooms and consumables for private purposes, unless such use has been approved by their line manager. In this context, account will be taken of the associated costs and, where relevant, the user agreement. When using ICT resources, the tutor/member of staff concerned must comply with the ICT Code of Conduct for employees. Before using resources, he must sign a loan agreement. Tutors/staff must not take ownership of resources which belong to DAE, whatever their value or condition. This also applies to resources which have been written off, resources which are not used or which are no longer used or which are surplus to requirements, and resources which are offered to third parties to be finished or processed. Resources which have been written off and resources which are surplus to requirements may be stored temporarily until they are removed. Tutors/staff must not remove these stored resources for their own use, to resell them or hand them to a third party. When leaving the university, tutors/staff must hand all DAE property – e.g. laptop, iPad, mobile, keys and DAE pass – in to their line manager, on their last day of employment at the latest. The resources must be intact, in good condition and unlocked. DAE will report incidences of theft and embezzlement to the police. The same applies if a (former) tutor/member of staff fails to return the specified DAE property, despite having been requested to do so.

Tutors/staff must only claim expenses incurred during their work if the expenses incurred relate directly to the fulfilment of the role. They must not claim for expenses which are already reimbursed in another way. Tutors/staff must manage expenses claims in accordance with the internal instructions. Line managers must ensure that expenses claims are accurate and reasonable. It is important to remember at all times that this is money which is intended in the first instance for education.

Both within and outside of Design Academy Eindhoven, tutors/staff must handle sensitive and confidential information with care. ‘Confidential’ includes not only information which is classified as confidential but also information which the tutor/member of staff knows or should know is confidential. Sensitive and confidential information is only accessible to or disclosed to authorised individuals. This means, among other things, that this information can only be used in a functional way and not to the individual’s own advantage. The duty of secrecy continues to apply even when the employee is no longer working for DAE. Sensitive and confidential information always includes:

• personal details of students, tutors and staff within the meaning of the General Data Protection Regulation;
• written or unwritten confidential information concerning students, tutors, staff, DAE or partners of DAE.

Personal information must not be disclosed to third parties without the express consent of the data subject, unless relevant legislation and regulations (e.g. DAE’s privacy regulations) require it to be disclosed or safety is at risk. Sensitive and confidential information must be adequately protected. If sensitive and confidential information is lost, the tutor/member of staff concerned must notify their line manager immediately. A data leak must be reported to the Data Protection Authority through DAE’s data protection officer.

In 2018, the Dutch Code of Conduct Scientific Integrity was adopted by Design Academy Eindhoven. This lais down thoroughly and extensively all rules and regulations with regard to scientific research.

Students, tutors and staff must not be under the influence, have alcohol or drugs in their possession or use or buy/sell these substances in work situations. Exceptionally, e.g. at receptions, business lunches or dinners, the drinking of alcohol is permitted but only if this is done responsibly and in accordance with legislation and regulations, including road safety regulations. The rules around alcohol, drugs and medicines can be found in the Alcohol, Drugs and Medicines Policy and in the House Rules.

In cases which are not provided for by these rules and/or the underlying regulations or where application is not straightforward, the Executive Board or, if (a member of) the Executive Board is involved, the Supervisory Board will decide.

These rules replace the DAE Integrity Code (2012), which lapse as a result. These rules were adopted by the Executive Board on 31 August 2021. The rules will enter into force on the day after it is approved by the Institutional Participation Council. The Institutional Participation Council gave this consent on 31 August 2021. These rules are published on the website of DAE and expressly brought to the attention of students and (new) tutors/staff and third parties working with or for DAE and students.