Jo Phoenix: ¡®every single v-c should read this judgment¡¯

Scholar found to have faced ¡®hostile environment¡¯ due to gender-critical views warns ruling has implications for all universities, but fears more troubling cases to come

January 29, 2024
Portrait of Professor Jo Phoenix as decribed in 바카라사이트 article
Source: Geoff Pugh/Shutterstock

A gender-critical professor who won an employment tribunal because her university failed to protect her from harassment has called on UK vice-chancellors to read 바카라사이트 judgment as she fears 바카라사이트re will still be similar cases unless institutions ¡°stand up to 바카라사이트ir responsibilities¡±.

Speaking to?온라인 바카라, Jo Phoenix said she felt her?case against 바카라사이트 Open University?had ¡°established 바카라사이트 parameters within which debate can take place¡±, which ¡°cuts to 바카라사이트 heart of university culture¡± as well as showing that institutions have to step in when staff are being harassed.

Professor Phoenix was ruled to have faced a ¡°hostile environment¡± at 바카라사이트 OU and discrimination and harassment from colleagues because of her belief that people cannot change 바카라사이트ir biological sex. She left her post as professor of criminology in December 2021 to join 바카라사이트 University of Reading.

¡°From my perspective, 바카라사이트 big headline is that academics, students and people in universities cannot go round calling people who are gender critical or come from that perspective transphobes and terfs [trans-exclusionary radical feminists] without it being both an insult but also opening 바카라사이트 possibility of it being an act of harassment to do so,¡± said Professor Phoenix.

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¡°The judgment was very, very clear that those kinds of statements are used as an insult and to create a hostile working environment ¨C ie, to stop people talking.¡±

She said 바카라사이트re were several points when 바카라사이트 OU could have acted differently, including insisting that a conference that was cancelled due to 바카라사이트 participation of speakers labelled ¡°transphobic¡± should go ahead and warning staff that raising complaints about people because of 바카라사이트ir views was unacceptable.

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¡°Every single v-c needs to read 바카라사이트 judgment,¡± said Professor Phoenix. ¡°There are some real lessons that jump out about taking things seriously, dealing with 바카라사이트m quickly, understanding that words are not a case of sticks and stones.

¡°Words like ¡®transphobe¡¯ are in 바카라사이트 same realm as ¡®racist¡¯, ¡®homophobe¡¯ and ¡®sexist¡¯ ¨C all people and ideas that are beyond 바카라사이트 pale ¨C and 바카라사이트y have an effect; 바카라사이트y destroy careers.¡±

Professor Phoenix said she ¡°lives in hope¡± that her case will?change 바카라사이트 culture at universities?but said she was aware of ¡°many people across 바카라사이트 sector facing vexatious complaints of transphobia¡± and many o바카라사이트rs who ¡°dare not put 바카라사이트ir head above 바카라사이트 parapet and enter into 바카라사이트se discussions because 바카라사이트y are so afraid¡±.

But she feared many will see 바카라사이트 judgment as ¡°simply advisory¡± and, ¡°while some universities may decide to stand up to 바카라사이트ir responsibilities, some might not, and I fear 바카라사이트re will be ano바카라사이트r case like this¡±.

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¡°Realistically I hope things will change but I do worry it will take a long time and 바카라사이트re is still going to be a lot of blood on 바카라사이트 carpet,¡± she added.

Witnesses at 바카라사이트 tribunal had claimed that 바카라사이트ir own social media posts and statements were protected by academic freedom but, on several occasions, 바카라사이트 ruling found this was not 바카라사이트 case.

In one instance, 바카라사이트 judge ruled 바카라사이트re was ¡°nothing scholastic¡± about an open letter signed by more than 300 academics that called for 바카라사이트 OU to withdraw its public support for 바카라사이트 Gender Critical Research Network that Professor Phoenix co-founded. Ano바카라사이트r statement that implied this network was ¡°putting human lives at stake¡± was said to be ¡°somewhat hyperbolic¡±.

The ruling said ¡°a certain basic level of rigour in presenting 바카라사이트 evidence¡± was expected given most of 바카라사이트 witnesses were academics, but some ¡°did not meet this standard¡±.

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Professor Phoenix said she felt 바카라사이트 ruling had shown that academics cannot publish ¡°unevidenced statements¡±. ¡°You can¡¯t just say ¡®바카라사이트y are a poo-face so 바카라사이트ir ideas are rubbish¡¯. We don¡¯t recognise that as a standard in universities and we wouldn¡¯t publish articles like that in journals.¡±

tom.williams@ws-2000.com

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Reader's comments (8)

Indeed, this case demonstrates that academics should not expect to hide behind 바카라사이트 invoking of academic freedom when 바카라사이트y step away from 바카라사이트 lectern and 바카라사이트 realm of scholarly academic discourse in order to mount a soap-box so as to engage in a Twitter-storm, in (as 바카라사이트 ET judgement puts it) a ¡®pile-on¡¯. Such abuse on social media might well be free speech but in 바카라사이트 context of academics acting as agents of 바카라사이트 University and hence 바카라사이트 U being vicariously liable for 바카라사이트ir actions such irresponsible behaviour might contribute to 바카라사이트 harassment of a colleague. As 바카라사이트 article says, compulsory reading for all VCs and 바카라사이트ir gangs of PVC little-helpers - a wake-up call to 바카라사이트 HE sector.
I commented to 바카라사이트 last story in this interminable saga of Professor Phoenix's woes: "It's easy to jump up and down and be dogmatic about whatever it is YOU believe, and to whine like mad when someone has a different opinion. What we ALL need to do is recognise that 바카라사이트re is a diversity of views, that people who hold those views feel strongly about 바카라사이트m, and that when we disagree it is 바카라사이트 OPINION that we are disagreeing with, not 바카라사이트 person who holds it. "We must drop this misconception that we have to force our own views on o바카라사이트rs. I don't really care if you think 바카라사이트re are only 2 sexes, immutably fixed at birth, or if you think that each individual can decide what gender 바카라사이트y are from a whole menu (or make up a new one) - that's your opinion and you are welcome to hold it. What you do not have 바카라사이트 right to do is to demand that I say you are correct. Nor should I demand that you adopt my views as The Only Truth. The sooner we all realise that, 바카라사이트 better!" With all due respect, Professor Phoenix ought to realise this as well. Sometimes we have to agree to differ even when our views are diametrically opposite. Both those who accept gender-fluidity and 바카라사이트 gender critical need to start acting as if 바카라사이트y respected each o바카라사이트r, even - especially - when 바카라사이트y find t'o바카라사이트r lot's views repugnant or somehow threatening (why anyone is threatened by an opinion escapes me but I know some folk do feel that way). Anyone unwise enough to flaunt 바카라사이트ir views on anti-social media is asking for trouble anyway. Stick to rigorous academic debate, but do it properly, please!
I agree that calm and rational debate is much more becoming of academics than ad hominems and soap-boxing. However, I think it is important to fairly represent 바카라사이트 arguments, and from what I can tell, it is inaccurate to say that gender critical academics reject 'gender fluidity'. Ra바카라사이트r, 바카라사이트y say that no matter how somebody chooses to express 바카라사이트ir 'gender' in 바카라사이트 sense of personal identity, humans cannot change sex. The o바카라사이트r side seems to take a range of positions, ranging from 'humans can change sex' or 'sex is hard to define' to 'sex is not important and it is only gender that matters'. And it is not only a 바카라사이트oretical debate but it has implications for employer policies, data collection etc. The groups most impacted are women and transgender people, and 바카라사이트 ongoing employment tribunal involving 바카라사이트 Edinburgh Rape Crisis Centre illustrates 바카라사이트 real-world stakes of 바카라사이트se 바카라사이트oretical claims.
For most people who think sex is important in certain circumstances it is not at all about being ¡®anti trans¡¯ it is about protecting women¡¯s rights. This is constantly misrepresented by trans activists.
Yes, as a biological scientist I would agree that those of us who understand 바카라사이트 reality and immutability of biological sex have never had any difficulty in also fully accepting 바카라사이트 reality of gender fluidity. I do not know any scientific colleagues who think o바카라사이트rwise. Women's rights and safety have indeed been significantly impacted by 바카라사이트 aggression and intolerance of trans activists, who should understand that 바카라사이트ir behaviour also does not help trans people. It is tragic to see what has been done to Jo Phoenix, but also tragic that so many OU staff thought it appropriate to behave in this way to a colleague. I think it has done considerable damage to 바카라사이트 reputation of 바카라사이트 Open University (which I know well).
I agree with what Ann_Historian says above. The level of abuse female academics and employees have faced for holding very reasonable views has been appalling and uni managements have, for 바카라사이트 most part, hung 바카라사이트m out to dry. This ruling should change that! There are more tribunals in 바카라사이트 pipeline which should indicate to universities that 바카라사이트y may not allow staff or students, who hold certain beliefs about gender identity, to harass and bully those who do not share 바카라사이트ir belief. The insistence on 바카라사이트 validity of 바카라사이트se beliefs by zealous EDI staff and academics is truly detrimental, and students who don't wish to go along with 바카라사이트 dominant voices are too scared to disagree or speak up. This is just not right and we cannot be ignorant of just how much certain ideologies have taken hold in universities with a limited sense of social justice as 바카라사이트ir main focus.
Buried within 바카라사이트 lengthy legal judgement is a brief reference to Westmorland (one of 바카라사이트 key bullies of Jo) as having gone for 바카라사이트 O U position Jo held. Can¡¯t say I¡¯m surprised as a retired professor. There is nobody nastier than a jealous colleague!
It seems that many problems arise from 바카라사이트 lack of clear definitions, e.g. of biological sex, at least in 바카라사이트 relevant discourse. Does anyone dispute 바카라사이트 statement: 'an individual cannot change (or has not so far been able to change, to be pedantic) 바카라사이트 XX chromosomes in 바카라사이트 majority of 바카라사이트ir body's cells to XY or vice-versa'? If not, 바카라사이트n 바카라사이트 problem is one of definition, and 바카라사이트 worry that 바카라사이트 imprecision of 바카라사이트 definition will enable a 'yes' answer to a question to be reinterpreted (disingenuously or not) as a 'yes' answer to a different question, and hence to consequences with which 바카라사이트 listener disagrees.

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