Code
of Ethics
of the Faculty of Mathematics and Physics
of Charles
University1
as amended by
Dean’s Directive
No. 9/2024
Article 2 in Part I of the Constitution of the
Faculty of Mathematics and Physics of Charles University (hereinafter referred
to also as the “FMP CU” or the “Faculty”) states that “the Faculty
(…) carries out its scientific, research, development, innovative, and other
creative activities (…) and educational activity independently and freely,
and creates the conditions for these activities (…).” This
Code of Ethics of the FMP CU (hereinafter referred to as the “Code”) is
issued in the spirit of that declaration and to ensure appropriate conditions
for the above-mentioned activities.
Part
I
General Principles of Ethical Conduct
- All members of
the academic community, researchers, and other employees of the Faculty comply
with the laws and other legal regulations of the Czech Republic, as well as with
the internal regulations of Charles University (including its Code of Ethics) and the internal
regulations of the Faculty of Mathematics and Physics.
- In their
relations between each other and in their relations with the members of the
academic community, researchers, and other employees of Charles University, as
well as in public activities within the national and international human
community, all members of the academic community, researchers, and other
employees of the Faculty act in accordance with the following general
principles:
- they respect the academic
rights and freedoms of others;
- they respect the freedom of thought,
conscience, worldview, research, and artistic expression of others;
- they
avoid deliberately misleading others and any kind of deliberate dishonest or
fraudulent conduct;
- they avoid excessive verbal and physical aggression
and do not publicly glorify acts of violence committed by others;
- they
treat other people with appropriate respect and dignity;
- they do not
promote the activities of political parties, political movements, and groups on
the campus and do not associate their work at the Faculty with political
activities;
- they do not engage in any form of discrimination (bullying,
abuse of authority, sexual and other harassment – see Part II of this Code
for more details);
- they observe the principles of ethics as they apply
to scientific work (see Part III of this Code for more
details); and
- they sensitively and objectively assess situations where
their actions may result in a conflict of interest and adhere to the
recommendations set out in Part IV of this Code.
- The
provisions of the previous paragraph apply with the necessary modifications to
all participants of events organized by the Faculty (correspondence seminars,
summer schools and camps, lifelong learning, etc.).
- If it is found that a principle given in paragraph 2 (a – g) or (i) has been violated, all
members of the academic community, researchers, and other employees proceed
according to Article 5 of this Code; if it is found that a principle given in
paragraph 2 (h) has been violated, then they proceed according to Article 10 of
this Code.
Part II
Discrimination: Its
Forms and Examples
Article
1
Discrimination
- Discrimination is defined as an
act or omission of a duty to act where one person or group of persons is treated
less favourably than another person or group of persons is in a comparable
situation, for example, because of their race, ethnic origin, nationality,
citizenship, sex, gender, sexual orientation, age, health condition, religion,
faith, or worldview, etc. Discrimination on the grounds of sex and gender also
includes discrimination on the grounds of pregnancy, maternity, or paternity, as
well as discrimination on the grounds of sexual or gender
identity.
- Instructing or inciting another person to discriminate is also
deemed to constitute discrimination.
- Forms of discrimination include,
for example, bullying, abuse of authority (including so-called “bossing”),
sexual and sexualized harassment, etc.; some manifestations of discrimination
may involve the characteristics of more than one of these forms.
Article
2
Bullying
- Bullying is defined as any behaviour
that is intended in particular to harm, threaten, humiliate, or
intimidate another person or group of persons. It is the purposeful and
repeated use of physical and/or psychological attacks by an individual or group
of persons against another individual or group of persons. Specifically, it may
include any verbal or physical act or any form of expression made through
electronic media that is intended to cause physical harm or excessive emotional
or psychological strain, thereby adversely affecting the ability of another
person or group of persons to carry out their usual activities, in particular to
participate in educational programmes, scholarly and research activities, or
other activities related to the academic, scientific, and social environment of
the Faculty and University.
- Both students and teachers, as well as other
employees of the Faculty, may be the perpetrators or victims of
bullying.
Article 3
Abuse of
Authority
- As a result of their formal position in the
university environment, a teacher in particular, as well as senior employees,
gain significant authority and powers. In the case of teachers, as well as other
employees, this is specifically academic, administrative, supervisory, and
evaluative authority or influence over students. Abuse of authority
takes many different forms and varies in severity; it includes the following
examples of discriminatory behaviour, particularly where they are committed
repeatedly and over a prolonged period of time and directed against a person or
group of persons. They are primarily:
- favouritism and other forms of
unjustified preferential treatment of one person over others in a comparable
position;
- discrimination against a person in a subordinate position, for
example, on the basis of sex, gender, sexual orientation, age, racial or ethnic
identity, health condition, religion, or worldview;
- demands to perform
tasks of a private nature or even tasks of a work-related nature that are
substantially beyond the scope of the employee’s job description or for which
the subordinate is not qualified or that are not feasible in the given
context;
- demands to perform tasks that are substantially beyond the
scope of the student’s duties set out in his curriculum;
- frequent and
unjustified criticism of work or ridicule in front of third
parties; and;
- passing off the work of a subordinate as that of a superior.
- Special cases of abuse of authority are situations
that may arise as a result of close familial or partnership
ties or consensual intimate relationships, or as a result of repeated attempts to initiate intimate relationships between
persons that are in a position of superiority and subordination to each
other or in a position of teacher and student. Conflicts of interest arise and
abuse of authority may occur in particular when one of the persons has
administrative, supervisory, evaluative, or other authority or influence over
the other. In such cases, the abuse of authority may be avoided, for example, if
the person concerned delegates his relevant authority entirely or sufficiently
to another person who is not in conflict of interest.
Article 4
Sexual and Sexualized
Harassment
- Sexual harassment means
undesired conduct that is sexual in nature or has sexual
overtones and that aims to or results in taking away another
person’s dignity and creating an intimidating, hostile, degrading,
humiliating, or offensive environment or that may be reasonably perceived as a form of behaviour required from the person affected in exchange for decisions
influencing his rights and obligations arising from legal relationships.
Specifically, it may include, for example, sexual advances, offering benefits
contingent on intimate conduct, or, conversely, threatening another person with a sanction if he refuses (e.g., in return for awarding of credit points,
examination, or a good grade from an examination, securing a promotion or a better job, granting a financial advantage or reward or other
benefits).
- Sexualized harassment means sexual harassment that
is not based on a sexual desire but on the use of sexuality as a tool of
power or domination. It includes, in particular, various forms of
psychological coercion with sexual or gender overtones, such as different
treatment of persons on the basis of sex or gender, unsolicited materials
depicting women or men as sexual objects, the display and distribution of
pornographic materials, taking photographs or video recordings without prior and
uncoerced agreement, or making derogatory remarks with sexual or gender
overtones.
Article 5
Steps to Be Taken
in the Case of Detecting any Form of Discrimination or Breach of the General
Principles of Ethical Conduct
- If any member of the academic
community of the Faculty or a researcher at the Faculty or any other employee of
the Faculty or a participant in an event organized by the Faculty has been a victim of any form of discrimination, has witnessed any form of discrimination
or breach of the general principles of ethical conduct, or has a reasonable
suspicion that discriminatory conduct or breach of the general principles of
ethical conduct has occurred, he will initiate an investigation of such an
incident in accordance with the rules set out below.
- If the
complaint is made by an employee of the Faculty and it is a complaint to investigate the inappropriate conduct:
- of a member of the academic staff or a researcher, the employee will notify the Ombudsman or the Dean
of the Faculty of the conduct or suspected conduct;
- of a member of
the technical and economic staff of the Faculty or a person with whom the
Faculty has signed an agreement to perform work or complete a job, the employee
will notify the Ombudsman or the Secretary
to the Faculty of the conduct or suspected conduct; or
- of a student
of the Faculty, the employee will notify the Vice-Dean
for Student Affairs of the conduct or suspected
conduct.
- If the complaint is made by a student of the
Faculty, the student may:
- use all options set out in paragraph
2 of this Article depending on the classification of the person to whom the
complaint relates;
- contact a representative of the Student
Chamber of the Academic Senate of the FMP CU and consult with him about
further steps; or
- contact the coordinator
of counselling services and the contact person for students with special
needs and consult with him about further steps or use other options
specified on the Faculty website.
Further information on sexual and
sexualized harassment or violence and on what to do if one is a victim may also
be found on the website providing a list
of counselling services available at FMP CU.
- In all of the
above-mentioned situations, it is also possible to contact the Charles University Ombudsman. All
practical information and contacts can also be found on the website of the Charles University Ombudsman or the Carolina
Centre.
Part III
Ethics of
Scientific Work
Article
6
Introductory Provisions
Adherence to the ethics of
scientific work applies to all members of the academic community of the Faculty
and researchers at the Faculty and all levels of creative work, from student
papers to scholarly publications and team projects by members of the academic
staff and researchers at the Faculty. Knowledge of the principles of ethics of
scientific work is one of the basic duties of every member of the academic
community of the Faculty and every researcher at the Faculty. Any breach of
these principles is a serious ethical failure that always results in the
imposition of liability and potential sanctions. The following text is based on
the provisions of the Code of Ethics of
Charles University and specifies the principles of ethics of scientific work
that are applied at the Faculty.
Article
7
Basic Ethical Principles of Scientific Work
- The
principles of good practice in scientific work include in particular:
- adherence to generally accepted
principles of scientific work according to the customary practices typical for
the given field of research;
- complete and truthful documentation of
working research procedures and results where the preparation of such
documentation is of disciplinary relevance;
- complete and truthful
citation of all sources used, including of findings based on artificial
intelligence (see also Article 8 of this Code), while, at the same time, citing
only those sources whose ideas, methodology, or results are relevant for the
given publication output;
- full and truthful acknowledgment of
collaborators and not acknowledging a co-author who has not contributed to the
output in any way;
- the fact that there is a verifiable record of the
publication of a text, including basic bibliographical data, and that the
published text is publicly traceable, unless serious reasons (work with
classified information, etc.) prevent this;
- protection of primary data
and material basis of the department or Faculty where the research has been or
is being carried out at least for a period sufficient for the proper
presentation of the research in publication outputs; this applies particularly
to cases where the research data are not deliberately and purposefully made
available to the professional public; at the same time, however, publication of
material basis and primary data of the scientific work if their nature and
character allow such publication; and
- avoidance of conflicts of
interest in scientific work (see also Part IV of this Code), that is, a situation in which the personal, professional, or public, interests of one
person or a group of persons come into conflict in any activity related to
creative work, in particular in a review procedure, competitive hiring
procedure, assessment of materials submitted in any type of scientific
evaluation, or associate and full professorship appointment
procedures, etc.
Article
8
Issues with the Use of Artificial Intelligence Tools in
Scientific Work
- As modern technologies and artificial
intelligence tools (hereinafter referred to as the “AI”) such as ChatGPT
develop, it is necessary to set the boundaries for their use. The fundamental
ethical principle is that the user of AI tools bears responsibility for the use
of these tools. All AI outputs must be approached critically. These outputs may
be based on outdated, unbalanced, or incorrect data, may be subject to random
factors, biases, undesired prejudices (e.g., racial, gender, or cultural
prejudices, etc.), and other influences which are difficult to
predict.
- When using AI tools, it is necessary to observe the following
rules in particular:
- AI tools may be
used only for supporting activities and the author is responsible for the
accuracy of the results and data obtained if he chooses to
use them.
- The author of the text is solely responsible for the
resulting text submitted for publication or published using electronic
communication tools, as well as for the quality and truthfulness of the inputs
used when communicating with AI tools. The author of the text is also
responsible for ensuring that the inputs provided by him for communication with
AI tools are not subject to the provisions on personal data protection (GDPR) or
trade secrets, that they are not protected by copyright, or that the licensing
terms of the data used in the input allow it to be used in
this way.
- Tools based on artificial intelligence are not considered to
be co-authors of the work nor are they listed in the references used. However,
the use of such tools in a creative scientific work must be expressly mentioned
in the text and specifically identified, for example, as follows: “ChatGPT
3.5. was used in the preparation of the text (or a specific part of the
text)”. Appropriate ways of doing so include, for example, using a footnote
referring to the passage of text in question, including a possible reference to a conversation that has taken place with programs of ChatGPT type. If it is not
specified in which parts of the text AI was used, the statement acknowledging
its use will be applied to the entire paper.
- Unacknowledged use of AI
tools in creative scientific work is in principle as much a breach of the ethics
of scientific work as plagiarism.
- When preparing a scientific text, it
is necessary to respect the rules of the journal or conference where the text is
to be published.
- When using AI tools, it is also possible to
consult the Charles University website at https://ai.cuni.cz, which provides guidelines and
recommendations not only for creative but also for pedagogical work, or to
consult the opinion of Charles University on the issue at https://ai.cuni.cz/AI-17.html.
Article 9
Ethical Misconduct in
Scientific Work
- The following deliberate acts are
considered ethical misconduct in scientific work:
- Falsification of data, presentation of
fabricated data, presentation of selective information (“cherry-picking”),
gross misinterpretation of data, or use of an obviously incorrect method of data
analysis.
- All forms of publishing which are demonstrably motivated by
the intention to gain an unfair advantage; in particular:
i. practices that
abuse data analyses or use purposive data selection so that results may be
presented as statistically significant;
ii. plagiarism, i.e., copyright
infringement by stealing or appropriating another author’s work, idea,
formulation, or data;
iii. self-plagiarism, i.e., the unacknowledged
publication of one’s own already published text with no or only minor
differences and its presentation as a new text; and
iv. publishing on
dubious platforms, in particular the so-called predatory journals and
publishers.
- Plagiarism and knowingly assisting
plagiarism are particularly serious breaches of the ethics of scientific work.
Plagiarism is committed by anyone who presents the work of others as his own or
uses the work of others in his work without clearly acknowledging this fact.
Specifically, plagiarism is committed by anyone:
- who quotes, presents, or paraphrases
passages of text without properly citing the sources in printed, electronic, or
other publications; it includes also quoting, presenting, or paraphrasing his
own texts and texts created by means of AI;
- who quotes or paraphrases
the ideas, hypotheses, themes, or specific practices of others without properly
citing the sources; and
- who commissions another person to produce a work or part of a work which it is his task to produce and which he subsequently
presents under his own name, or anyone who provides such
service.
Article 10
Procedure
Adopted in Cases of a Breach of Ethics of
Scientific Work
- The Faculty of Mathematics and Physics of
Charles University has a Research Ethics Commission the constitution of which,
along with the description of its activities, is the subject of a separate
Dean’s directive.
- In the event that any member of the academic
community of the Faculty, any researcher at the Faculty, or any other employee
of the Faculty discovers a fact that gives rise to a suspicion of a breach of
ethics in a scientific work, he will proceed according to one of the following
courses of action:
- He will notify his
superior (or, depending on the nature or potential severity of the breach of
ethics, the head of the department or the appropriate Vice-Dean or Dean) of the
fact. Depending on the possible severity of the breach of ethics, the officials
notified may contact their superiors or initiate an investigation by the
Research Ethics Commission at the FMP CU.
- He will make a direct
referral to the Research Ethics Commission of the FMP CU for
investigation.
- In the event that he suspects that there has been a breach of the Code of Ethics of Charles
University in relation to a scientific work, he will make a direct referral
to the Ethics Commission of Charles
University. He will notify the Dean of the Faculty of the fact that he has
taken such action.
Part
IV
Special Arrangements Regarding Conflict of
Interest Issues
Article 11
Subject
Matter
In the context of the academic environment, a conflict of interest is defined as a situation in which the
personal, professional, or public interests of one person or a group of persons
come into conflict in any activity associated with creative or pedagogical work,
in particular in the case of a review procedure, competitive hiring procedure,
any type of evaluation, including the assessment of materials submitted as part
of this evaluation, or associate and full professorship appointment procedures,
etc. In addition to the generally applicable principles for avoiding conflicts
of interest, the following clarifications are made under this Code.
Article 12
Special Arrangements Regarding Conflicts of
Interest in Competitive Hiring Procedures at the FMP CU Conducted in Accordance
with the Competitive Hiring Process Code of CU
- For the
purpose of further specifying the first sentence of Article 3 (6) of the Competitive Hiring Process Code of CU
which states: “A person whose impartiality may be questioned due to the
person’s relationship to an applicant may not be a member of the
Commission” (in short, “a member of the Commission who has a conflict of
interest”), this article sets out situations in which it is appropriate and
expedient to consider whether a conflict of interest exists. This concerns in
particular the following situations:
- The applicant and the commission member
have been in a Ph.D. student – supervisor relationship within the last
10 years.
- The applicant and the commission member have co-authored at
least 3 articles within the last 10 years or have published, submitted for
publication, or have had in preparation at least 1 article within the last
3 years (except for publications of major collaborations).
- The
commission member was the author of a letter of recommendation for the applicant
for the current competitive hiring procedure.
- In the case of a competitive hiring procedure for an AP2 (or AP3 or AP4) position, participation
of the applicant and the commission member in a collaborative grant project
within the last 3 years is also considered a potential conflict of
interest.
- The applicant and the commission member are or have been in a relationship that may cast doubt on the impartiality of the commission member
(family or other close relationship, etc.).
Article 13
Special Arrangements Regarding Conflicts of
Interest in Appointing Associate Professorship and Evaluation
Commissions
- In addition to the requirements set out in Act
No.: 111/1998 to regulate higher education institutions, in Section 72 (5) and
Section 74 (3), and by the Code of
Procedure for the Granting of Associate Professorship and Full Professorship of
CU, Article 2 (2) and (3) and Article 8 (2), and by Rector’s Directive No.: 55/2023,
Prevention of Conflict of Interest in Procedure for the Granting of Associate
Professorship and Full Professorship, it is recommended that the proposal for
the appointment of the relevant commission should fulfil the following
requirements (see also the Minutes
of the 6th Meeting of the Scientific Board of FMP CU of 5 March
2014, item II (2)):
- The
commission member has not co-authored any publications with the applicant within
the last 10 years, except for publications from major scientific
collaborations.
- The commission member has not been a supervisor or
advisor to the applicant during his Ph.D. studies.
- The commission member
is not a direct superior or direct subordinate of the applicant.
- The
chairman of the commission is not from the same department as the
applicant.
- In the event that any of these requirements are not
fulfilled, the proposal of the given commission must include the reasons why
they have not done so.
Article
14
Special Arrangements Regarding Conflicts of Interest in the Meetings of
the Scientific Board of the FMP CU
- In order to ensure
impartial decision-making, the Scientific Board of the FMP CU has resolved that
it is the duty of its members to observe the following principles of conduct in
conflicts of interests (see also the Annex
to the Minutes of the Scientific Board of the FMP CU of 5 April
2023).
- A member of the Scientific Board of the FMP CU has a conflict of interest in the consideration of an item of the meeting of the
Scientific Board of the FMP CU if the matter under consideration concerns a person who:
- has co-authored at least
3 articles with the member within the last 10 years or has published,
submitted for publication, or has had in preparation with the member at least
1 article within the last 3 years (except for publications of major
collaborations);
- cooperates or has cooperated on a collaborative grant
project with the member within the last 3 years;
- is or has been in a Ph.D. student – supervisor relationship with the member;
- is in the
relationship of a direct superior or direct subordinate with the
member;
- is or has been in a relationship with the member that may cast
doubt on the member’s impartiality (family or other close
relationship, etc.);
- has a relationship of scientific rivalry or
professional enmity with the member; or
- has common economic interests,
e.g., co-ownership of a company, with the member.
- In
situations mentioned in the previous paragraph, the member of the Scientific
Board of the FMP CU will proceed as follows:
- if he discovers that he has a conflict
of interest, he will notify the plenary session of the Scientific Board of
this act;
- if he feels that a conflict of interest has not been
declared, he will draw attention to this fact;
- he will consider whether
he should leave the meeting room for the duration of a discussion in which a conflict of interest might arise;
- when a conflict of interest arises,
he will participate in the debate only to the extent that will be absolutely
necessary;
- in the event of a conflict of interest, he will vote only if a certain number of affirmative votes of all members of the Scientific Board is
required for a decision (usually in associate and full professorship appointment
procedures); and
- he will not participate in a vote concerning his
person, even if the vote is in accordance with the
previous point.
- The rules of paragraph 3 (a) – © apply
with the necessary modifications also to other participants in the meetings of
the Scientific Board of the FMP CU in a conflict of interest. Before a participant in the meeting of the Scientific Board takes the floor, he will be
warned about his duty to declare any conflict of interest and will be told about
its definition by the person chairing the meeting of the
Scientific Board.
The text of the Code of Ethics of the FMP CU
was discussed with the union organization of the FMP CU on
16 November 2023.
The text of the Code of Ethics of the FMP CU was
adopted by the Academic Senate of the FMP CU on 29 November 2023.
The
text of the Code of Ethics of the FMP CU was discussed by the Scientific Board
of the FMP CU on 6 December 2023.
The text of the Code of Ethics of the
FMP CU was approved by the management of the FMP CU on
20 December 2023.
Assoc. Prof.
RNDr. Mirko Rokyta, CSc., m.p.
Dean of the FMP CU
Assoc. Prof. RNDr. Jiří Pavlů, Ph.D., m.p.
President of
the Academic Senate of the FMP CU
Prof. RNDr. Zdeněk Doležal, Dr., m.p.
Vice-Dean for
Research and International Affairs,
on behalf of the Scientific Board of the
FMP CU
Assoc. Prof. RNDr. Lubomír Přech, Dr.,
m.p.
President of the Basic Organization of the University Trade Union at
FMP CU
1 Translator’s note: Words importing the
masculine include the feminine, and unless the context otherwise requires, words
in the singular include the plural, and words in the plural include the
singular.