The University of Sussex has been fined £585,000 by the higher education regulator for failing to uphold freedom of speech.
The Office for Students (OfS) criticised the university’s policy statement on transgender and non-binary equality, saying that it could lead staff and students to “self-censor”.
The policy has a requirement to “positively represent trans people” and asserts that “transphobic propaganda [would] not be tolerated”.
The university said it will legally challenge the OfS’s decision and accused the regulator of pursuing a “politically motivated” inquiry against it that resulted in “egregious and concocted” findings.
Professor Sasha Roseneil, the vice chancellor at the university, said the OfS findings mean “it is now virtually impossible for universities to prevent abuse, harassment, or bullying on our campuses”.
“Under this ruling, we believe that universities would not be permitted to expect their staff and students to treat each other with civility and respect,” she said.
“The OfS is effectively decreeing libertarian free speech absolutism as the fundamental principle for UK universities. In our view, the OfS is perpetuating the culture wars.”
Prof Roseneil has claimed that the OfS did not interview anyone from the university in its three-and-a-half-year investigation and that the fine is “wholly disproportionate”.
“The behaviour of the OfS sets a dangerous precedent and constitutes serious regulatory overreach in service of a politically motivated inquiry,” she said.
She added that the investigation findings “leave universities unable to have policies to prevent abusive, bullying and harassing speech and that will perpetuate the culture wars”.
The OfS launched its investigation after campus protests calling for the dismissal of Professor Kathleen Stock.
She left the university in 2021 after being accused of transphobia when she published a book questioning whether gender identity was more “socially significant” than biological sex.
The OfS said the University of Sussex’s policy had a “chilling effect” on Prof Stock’s views.
“Professor Stock said that she became more cautious in her expression of gender critical views as a result of the policy,” the OfS said in a statement.
“There were some views she did not feel able to express, and therefore teach, despite those views being lawful.”
The OfS was given the power in January to issue fines where freedom of speech was not upheld at a university.
The fine issued to the University of Sussex is the largest-ever issued by the regulator, with the institution saying it’s 15 times larger than any other sanction imposed.
Read more: Controversial free-speech law delayed ‘over anti-semitism fears’
Arif Ahmed, the director for freedom of speech and academic freedom at the OfS, said that the regulator’s probe “also found deficiencies in the University of Sussex’s decision-making process, with decisions about important free speech and equality matters taken by people without the authority to do so”.
“Those decisions may not have been in the best interests of students and staff,” he said.
“Substantial monetary penalties are appropriate for the scale of wrongdoing we have found.”
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Bridget Phillipson, the education secretary, said that “free speech and academic freedom are non-negotiables in our universities”.
“If you go to university you must be prepared to have your views challenged, hear contrary opinions and be exposed to uncomfortable truths,” she said.
“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.”
