The University of Sussex is facing a massive fine of £585,000 after the Office for Students (OfS) ruled that it failed to uphold freedom of speech. The case stems from the controversy surrounding Prof. Kathleen Stock, who resigned in 2021 after being accused of transphobia.
The OfS investigation focused on the university's Trans and Non-Binary Equality Policy, which included a requirement to "positively represent trans people." According to the regulator, this could discourage staff and students from expressing opposing opinions, reports the BBC.
The University of Sussex has announced plans to legally challenge the ruling, with Vice-Chancellor Prof. Sasha Roseneil criticizing the decision.
Calling the ruling an "unreasonably absolutist definition of free speech," the university argued that it would leave institutions "powerless to prevent abusive, bullying, and harassing speech." It also accused the OfS of carrying out a "vindictive and unreasonable campaign."
Universities UK, which represents 141 institutions, is seeking clarification on what constitutes a breach of free speech rules. Chief executive Vivienne Stern expressed concerns about how universities can balance free speech with other legal responsibilities, such as preventing harassment.
Education Secretary Bridget Phillipson sstated that free speech and academic freedom were "non-negotiables" in universities. "I have been clear that where those principles are not upheld, robust action will be taken," she said. "If you go to university, you must be prepared to have your views challenged, hear contrary opinions, and be exposed to uncomfortable truths."
The OfS was granted the authority to issue fines for violations of free speech in January. Arif Ahmed, the OfS director for freedom of speech and academic freedom, stated that the fine was issued after a thorough investigation. The findings indicated that the university's policy created an atmosphere where staff feared disciplinary action, leading Prof. Stock to modify the way she taught.
The OfS also expressed concerns that this environment may have led to broader self-censorship among students and faculty.
The regulator examined four aspects of the policy, including a requirement for course materials to "positively represent trans people and trans lives" and a rule stating that "transphobic propaganda... [would] not be tolerated." Another provision identified as problematic said "transphobic abuse" would be considered a serious disciplinary offense for staff and students.
The investigation also reviewed how the university managed and governed free speech issues. Prof. Stock became a focal point of controversy after publishing a book questioning whether gender identity was more socially significant than biological sex. This triggered students protests against her, put up posters demanding her removal, and demonstrated at an open day.
She denied accusations of transphobia and later described her experience as a "surreal anxiety dream." She resigned in 2021 and was later awarded an OBE for services to education.
This fine is the largest ever issued to a university and signals a firm stance on protecting legal expression. The University of Sussex slammed the decision, accusing the OfS of making an example out of the case to "entrench an extreme libertarian free speech position." It also claimed that the regulator engaged in little "substantive engagement" beyond written communication and carried out an "unreasonable campaign."
