Universities shaken as Sussex Uni given £585k fine for free speech failure

The University of Sussex has been fined £585k for failing to uphold free speech.

The Office for Students (OfS) issued the fine, which was reduced as this is the first case of its kind. Despite the reduction, it is still 15 times higher than any the watchdog has previously given. The university plans to challenge the findings.

The University of Sussex was thrown into the controversy in 2020 when one of its professors, Kathleen Stock, said that “the claim ‘transwomen are women’ is fiction”. This sparked student protests and death threats, leading to her resignation.

‘Chilling effect’

The OfS found fault with the university’s transgender policy, which has since been changed. The policy previously stated that staff must “positively represent trans people” and that “transphobic propaganda” will not be tolerated.

The regulator said: “Staff and students may have self-censored as a result of the policy because they were concerned about being in breach of the policy and potentially facing disciplinary action for expressing lawful views.

“An example of this chilling effect materialising in practice is the experience of Professor Stock while at the university”.

Comply with the law

Kathleen Stock explained that the policy “set the tone” for everything that happened to her, and said: “As far as I am concerned, the findings are very welcome; I hope the sector finally pays proper attention.”

Arif Ahmed, the Director for Freedom of Speech and Academic Freedom at the OfS, said: “I think universities should be looking at their policies and thinking carefully about what they need to do to comply with the law and to comply with regulatory requirements.

“Clearly, future cases will not be the first case of their kind, so there will be a potential for higher fines in the future”.

Prof Sasha Roseneil, the Vice-Chancellor of the University of Sussex, claimed the fine was “disproportionate” and accused the OfS of “perpetuating the culture wars.”

‘Shock waves’

Helen Joyce, the Director of Advocacy at women’s group Sex Matters, told The Telegraph: “This decision will send shock waves through university senior leadership teams across the UK.

“For too long, many vice-chancellors have calculated that it is safer and easier to permit trans activists to dictate policies and hound their opponents, rather than standing up for evidence-based research and academic freedom.

“Their cowardice has exposed academics who reject the fringe belief that gender identity overrides sex to bullying and unlawful discrimination by ideological, intolerant colleagues.”

She added: “It is gratifying to see Professor Kathleen Stock vindicated after sustained bullying and harassment drove her out of her job at Sussex University.”

‘Free speech non-negotiable’

Education Secretary Bridget Phillipson commented: “Free speech and academic freedom are non-negotiables in our universities, and I have been clear that where those principles are not upheld, robust action will be taken.”

She continued: “We are giving the OfS stronger powers on freedom of speech so students and academics are not muzzled by the chilling effect demonstrated in this case.”

In January, Phillipson confirmed that the Government will proceed with a “workable, robust complaints system” that does not expose universities to “disproportionate” costs after shelving the previous Government’s Education (Freedom of Speech) Act last summer.