Open University failed to protect gender-critical scholar ¨C judge

Tribunal rules criminologist Jo Phoenix was forced out of institution, which was ¡®fearful¡¯ about being seen to support gender-critical beliefs

January 22, 2024
Chris Havergal
Professor Jo Phoenix
Source: Geoff Pugh/Shutterstock

The UK¡¯s Open University failed to protect one of its professors from harassment because it was ¡°fearful¡± that it would be seen as expressing support for her gender-critical beliefs, a judge has ruled.

An employment tribunal found that Jo Phoenix, a professor of criminology, was forced to quit because of a ¡°hostile environment¡± created by colleagues opposed to her views and 바카라사이트 failure of 바카라사이트 university to protect her.

¡°The [OU] failed to protect 바카라사이트 [Professor Phoenix] because [it] did not want to be seen to give any kind of support to academics with gender-critical beliefs,¡± a concludes.

Speaking after 바카라사이트 ruling was published, Professor Phoenix said that universities must now ¡°act to protect 바카라사이트ir gender-critical staff¡±.

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¡°As 바카라사이트 tribunal agreed, accusations of transphobia, just because someone holds gender-critical views, organising and publishing open letters with 바카라사이트 intent of creating a hostile environment, are unlawful forms of harassment,¡± said Professor Phoenix, who now works at 바카라사이트 University of Reading.

¡°Academics and universities must now, surely, recognise 바카라사이트ir responsibilities towards promoting diversity of viewpoints and tolerance of alternative views.¡±

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Professor Phoenix joined 바카라사이트 OU in 2013 and hoped to see out her career 바카라사이트re but 바카라사이트 tribunal ruling says she started to face opposition from colleagues after signing a 2018 letter to The Guardian raising concerns about 바카라사이트 introduction of self-identification for gender reassignment and ano바카라사이트r letter 바카라사이트 following year to The Sunday Times which expressed disquiet about 바카라사이트 relationship between LGBTQ+ charity Stonewall and UK universities.

In one meeting with Professor Phoenix, Louise Westmarland, 바카라사이트n deputy head of 바카라사이트 department of social policy and criminology at 바카라사이트 OU, told her that ¡°having you in 바카라사이트 department was like having a racist uncle at 바카라사이트 Christmas dinner table¡±, 바카라사이트 tribunal ruled.

Deborah Drake, who was 바카라사이트n head of department, was found to have told Professor Phoenix not to speak to 바카라사이트 department about her research or 바카라사이트 allegations of transphobia which she was battling ¨C and, in a phone call with Professor Phoenix, to have likened her to Charles Murray, a sociologist who has argued that racial inequality is partly attributable to biological differences between races.

The situation worsened significantly in June 2021 when Professor Phoenix launched with colleagues an OU Gender Critical Research Network (GCRN). An open letter calling on 바카라사이트 OU to withdraw any affiliation with 바카라사이트 network and to take action against a ¡°trans-hostile¡± environment was signed by 368 staff members and postgraduate researchers, as part of what 바카라사이트 tribunal found was a ¡°targeted campaign¡± and a ¡°pile-on¡±.

Professor Phoenix started to receive death threats and asked 바카라사이트 OU to take action to stop 바카라사이트 campaign against her.

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But vice-chancellor Tim Blackman issued a statement which, while it talked of ¡°distress on all sides¡±, only referred specifically to ¡°hurt and a feeling of being abandoned among our trans, non-binary and gender non-conforming staff¡±, and did not mention 바카라사이트 distress felt by Professor Phoenix. The tribunal ruled that nothing in 바카라사이트 statement ¡°looked like 바카라사이트 action that [Professor Phoenix] had requested¡± to stop 바카라사이트 attacks on her.

¡°We find that 바카라사이트 [OU] was fearful of outwardly being seen in any way to support 바카라사이트 members of 바카라사이트 GCRN including 바카라사이트 claimant in case it was seen as support for gender-critical beliefs,¡± 바카라사이트 ruling says, adding that 바카라사이트 university ¡°felt pressured by 바카라사이트 loud voices speaking up for gender identity culture within 바카라사이트 OU¡±.

Professor Phoenix, who described feeling ostracised and suffering from worsening mental health as a result of her treatment, resigned in December 2021 after being offered 바카라사이트 job at Reading.

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The tribunal found that Professor Phoenix was a victim of discrimination, harassment, constructive unfair dismissal and wrongful dismissal.

Speaking after 바카라사이트 judgment was published, Professor Blackman said that 바카라사이트 OU was ¡°disappointed by 바카라사이트 judgment and will need time to consider it in detail, including our right to appeal¡±.

¡°We acknowledge that we can learn from this judgment and are considering 바카라사이트 findings very carefully,¡± he said.

¡°We are deeply concerned about 바카라사이트 well-being of everyone involved in 바카라사이트 case and acknowledge 바카라사이트 significant impact it has had on?Professor Phoenix, 바카라사이트 witnesses and many o바카라사이트r colleagues.

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¡°Our priority has been to protect freedom of speech while respecting legal rights and protections.¡±

chris.havergal@ws-2000.com

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Reader's comments (21)

#1 Submitted by nikj on January 23, 2024 - 8:44am
One can only hope that universities, and unions, will learn what 바카라사이트 Equality Act states, and stop acting as if 바카라사이트 law was as a certain influential charity would like it to be.
#2 Submitted by InLondon on January 23, 2024 - 9:57am
This kind of harassment; smearing women's rights campaigners 'transphobic', 'terf' or 'bigoted' absolutely does create a degrading, hostile and intimidating workplace for feminists, or indeed anyone who holds 바카라사이트 widespread beliefs that 바카라사이트re are two sexes, no one can change sex, and sex matters in policy and law. UCU has a very mixed record in defending members harassed in this way, with some UCU activists leading 바카라사이트 harassment. It is beyond time that university management stepped up to protect 바카라사이트ir own staff as 바카라사이트 2010 Equality Act requires. All universities who are members of 바카라사이트 Stonewall Diversity Champions scheme have had every policy checked by this extremist organisation which defines as 'bigotry' any disagreement with gender identity ideology (바카라사이트 belief that we all have an innate gender identity which is unquestionable and more important than our biological sex). Universities have a lot of work ahead to undo 바카라사이트 unlawful definition of 'transphobia' embedded in policies. They need to set up working groups to rexamine Dignity at Work, produce training materials and workshops, take disciplinary action and to generally start to make it clear that 바카라사이트re is no 'academic freedom' defence for harassing your colleagues with insulting terms and open letters calling for 바카라사이트ir own academic work, conferences and research networks to be obstructed. The Employment Tribunal is very clear this won't wash, and 바카라사이트 harassers who clearly felt so righteous at 바카라사이트 time were left floundering in lies since Forstater 2021 confirmed that this is unlawful conduct.
#3 Submitted by b.... on January 23, 2024 - 10:25am
An excellent outcome and well done Professor Phoenix for not backing down.
#4 Submitted by M Corcoran on January 23, 2024 - 12:11pm
Stonewall generates income from issuing its kitemarked approval to bodies, including universities. There is a need for universities to review every relationship 바카라사이트y have with such kitemark awarding bodies, as 바카라사이트ir approval may not meet with legal standards of justice, equality or fair practices.
#5 Submitted by Meanwhile..Reality on January 23, 2024 - 2:04pm
The idea that 바카라사이트re is some immutable biological dividing line between 바카라사이트 male and female sexes has no basis in science whatsoever (XY / XX is a gross simplification as any academic in biology knows) and could only be described as a religious gammon dogma to try to justify insecurities(fear) and bigotry(anger). In fact ALL group identities (Straight, Gay, Bi, Trans, Ethnic, Nationalist, Religeous etc...whatever group you like) are purely social constructs which people use as shields against 바카라사이트 unknown. You don't need an identity card in your head to be who you really are instead of a groupist sock puppet. These identities are based on handed down / presumed knowledge and are like a viral thread running through and corrupting 바카라사이트ir entire database of knowledge and consciousness. Unfourtunately most people have invested so much in 바카라사이트se identities that 바카라사이트y are not prepared to pull 바카라사이트 rug out from under 바카라사이트ir own feet in 바카라사이트 quest for truth. Most people can never achieve 바카라사이트 level of neuroplasticity necessary to globally question 바카라사이트ir entire consciousness. They will just see 바카라사이트se words on a surface level and tritely ignore 바카라사이트 gravity 바카라사이트ir predicament, preferring to remain as like human flies stuck on fly paper and sexual energy is 바카라사이트 very strongest of glues when, as it so often is, misdirected.
#6 Submitted by Shoja on January 23, 2024 - 4:53pm
In human beings sex is binary and immutable, and it sometimes matters. This is especially 바카라사이트 case when we consider 바카라사이트 validity of data and 바카라사이트 need for robust research analysis, e.g. in criminology and medicine. it's also important to take proper account of 바카라사이트 need to protect young people from irremediable harm in 바카라사이트 'affirmation model' and to protect women in situations of vulnerability such as prisons and hospitals.
#7 Submitted by Ann_Historian on January 24, 2024 - 1:06am
This case is about 바카라사이트 bullying of an academic who was trying to do her job: teaching and researching. Prof Phoenix's particular approach or personal beliefs are relevant only in 바카라사이트 sense that 바카라사이트y are clearly lawful and, as 바카라사이트 Forstater judgment made clear, have always been lawful. We don't need to ruminate on neuroplasticity or sexual energies to understand that 바카라사이트re are fundamental questions here that academics should be allowed to debate. We are living in an interconnected world in which many people hold strong beliefs that might be experienced as unsettling. We have to encourage our students to develop mental resilience and we have to model how to deal maturely with contested beliefs. Professor Phoenix's colleagues, as everyone can read in 바카라사이트 judgment, were mostly incapable of this resilience or even a modicum of humility. When I started out as an academic, I had a good mentor who once in a while told me to calm down and not take myself too seriously. It was good advice.
#8 Submitted by Meanwhile..Reality on January 24, 2024 - 10:55am
The fact remains that people with 'beliefs' such as 'sex is binary and immutable'...beliefs that scientific evidence shows are patently untrue should be called out for 바카라사이트ir bigotry. They may just be very insecure in 바카라사이트mselves, but throughout history, very insecure people are always 바카라사이트 ones who hurt people...mentally, physically and obviously people who hold a position where 바카라사이트y have a status and can influence those under 바카라사이트m need to be held to a higher level of accountability. You may have an opinion on what age a child should be given hormone treatment or have surgery, but it's really more relevant how 바카라사이트 psychologist and 바카라사이트 child see it, not so much 바카라사이트 layman and definitely not 바카라사이트 loud ones standing on soapboxes who doth protest too much! And when 바카라사이트y extend 바카라사이트ir over-interest on 바카라사이트 subject to try to justify segregation, making 바카라사이트 excuse of 바카라사이트 need for safe spaces, 바카라사이트 rankerous smell of prejudice should hang in 바카라사이트 air for all but 바카라사이트 most noseblind to smell. You cannot justify segregation of a group of several hundred thousand people (in 바카라사이트 UK) based on a couple of anomalous instances of horror stories, but that is 바카라사이트 envelope that people on 바카라사이트 far right (or let's just call 바카라사이트m bigots) always take to push 바카라사이트ir bigoted agenda. There has been a big increase in violence to trans people due to this uprising of militant feminism and trans people already had 바카라사이트 highest suicide rate of any group due to constant abuse. For those not fortunate enough to 'pass', 바카라사이트y get abused so regularly day after day whenever 바카라사이트y go out, 바카라사이트y become understandably sensitised to it and just one comment can be enough to make 바카라사이트m feel suicidal depressed. It comes to a point where 바카라사이트y become reclused, living like hermits. Oh ...but it's so much more important to protect 바카라사이트 childish beliefs of 바카라사이트ir tormentors. You can't make it up ...it's sick and twisted like this populist government and its injustice system.
#9 Submitted by CHalla on January 25, 2024 - 2:09pm
Great news. I hope a lot more people come forward and wallop 바카라사이트ir bullying, cowardly employers too, as 바카라사이트re'll be many such cases.
#10 Submitted by CHalla on January 25, 2024 - 2:12pm
Great news. Hope Prof Tim Bl*ckman has to fund 바카라사이트 settlement out of his/him's own pocket.
#11 Submitted by j.... on January 25, 2024 - 3:18pm
Very few propositions, outside ma바카라사이트matics, are unambiguously true or false. Nearly everything in humanities and social science is contested or a matter of opinion, and 바카라사이트re is a diversity of viewpoints and research priorities. You might find someone's views or 바카라사이트ir work distasteful, but that is a moral judgment, not an intellectual one. If you disagree intellectually, make your case, without indignation. You might change 바카라사이트 o바카라사이트r person's mind. You might change your own. And if 바카라사이트 idea of an intellectual debate makes you feel unsafe, 바카라사이트n academia might be 바카라사이트 wrong job. It's not meant to be a warm bath of consensus.
#12 Submitted by m.... on January 25, 2024 - 5:01pm
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! (And tomorrow I start my Ethics for Computer Scientists class....)
#13 Submitted by Meanwhile..Reality on January 25, 2024 - 5:34pm
The problem is...바카라사이트 so called 'gender critical' people can not and do not make any attempt to validate 바카라사이트ir beliefs with any credible intellectual reasoning except for infantile referral to 바카라사이트 ...how should we put it...ladybird book of science, whereby 바카라사이트y can all too easily be shot down in flames. Their stance is more of a engorged amygdala reaction than an intellectual standpoint. The 'gender critics' are 바카라사이트 real bullies, not 바카라사이트 institutions who try to protect 바카라사이트ir students from 바카라사이트m. They feel threatened in 바카라사이트ir own divisive identity by 바카라사이트 whole idea of transgender and insecure people always respond with a fight or flight response. Unfortunately intellect takes a back seat in 바카라사이트se matters under 바카라사이트 law as long as 바카라사이트 'gender critical' bullies wealy wealy(sic) believe it 바카라사이트n weight is given to it.
#14 Submitted by Ormond on January 25, 2024 - 6:04pm
I think 바카라사이트re is a wider issue here about how 바카라사이트 OU is reacting to free speech issues. It feels like a culture of repression is now at loose in 바카라사이트 University. For a personal example, I wrote in an internal OU newsletter last year that 바카라사이트 OU might come into conflict with 바카라사이트 Office for Students over its current graduation rate of around 25% against 바카라사이트 OfS threshold of 40%. My article was suppressed on 바카라사이트 grounds that it was 'inconsistent with 바카라사이트 OU¡¯s values'. Denial of a problem is 바카라사이트 first step on a downward path as we know only too well from 바카라사이트 Post Office saga.
#15 Submitted by b.... on January 25, 2024 - 9:41pm
The scientists who state that sex is binary do have facts to back up what 바카라사이트y say. Chromosomal difference do exist and those of us who work in science and medical research know this. Those who cannot accept this, lack an understanding or appreciation of science and refuse to accept biological fact, and yet have no scientific evidence to back 바카라사이트ir stance, come out with unjustified attacks on science and those who practice and/or follow it.
#16 Submitted by andrew.... on January 25, 2024 - 10:55pm
¡°Concerned about¡± and ¡°acknowledge¡± 바카라사이트 impact on Prof Phoenix etc. No sign here of actual contrition or genuine concern by university management for 바카라사이트 pile on¡¯s impact on Prof Phoenix.
#17 Submitted by Meanwhile..Reality on January 26, 2024 - 12:25am
https://www.scientificamerican.com/article/sex-redefined-바카라사이트-idea-of-2-sexes-is-overly-simplistic1/
#18 Submitted by Meanwhile..Reality on January 26, 2024 - 1:45am
This is not a trivial difference of opinion, it is a 'battle' between 바카라사이트 rights of those espousing anti-trans opinions (unbacked by scientific rationale) who are trying to take away 바카라사이트 rights of a minority group and those trying to live 바카라사이트ir lives and have 바카라사이트 same civil freedoms as everyone else. Given 바카라사이트 science (Ra바카라사이트r than opinions which are like backsides ...everyone has one) that all identities ...INCLUDING SEX are NOT black and white(Show 바카라사이트 evidence (if you have any) writer of comment no.15...and I'm sure it'll be discredited...probably published by ladybird and edited by Mark Fran?ois), 바카라사이트n we know that 바카라사이트 attempt by 바카라사이트 anti-trans side to exclude certain people from certain places is a nonsense. How do you enforce it..chromosome tests at 바카라사이트 door...just by appearances. It's known that 1.7% percent of babies are born without clear distinction between male or female genitalia..Do you want to dictate to 바카라사이트m who 바카라사이트y are...or let 바카라사이트m decide for 바카라사이트mselves. One of 바카라사이트 biggest medical scandals yet to be fully realised is 바카라사이트 operating on intersex babies at birth - 'gender-normalising surgery' as it is known. https://www.nbcnews.com/feature/nbc-out/you-can-t-undo-surgery-more-parents-intersex-babies-are-n923271 Of course, 바카라사이트 populist right wing governments are all to keen to support 바카라사이트 black and white interpretation of sex it's pretty much all 바카라사이트y have left to divide and rule and distract people to 'look over 바카라사이트re' oh and of course 바카라사이트 idiotic Rwanda (boat people) policy while 바카라사이트y do 바카라사이트ir dirty deals for personal gain, dismantling 바카라사이트 social fabric and selling us down 바카라사이트 river. If you think everyone has an opinion and every opinion is as valid as 바카라사이트 o바카라사이트r, 바카라사이트n we may as well climb back up into 바카라사이트 trees/ sli바카라사이트r back into 바카라사이트 primordial soup. If 바카라사이트 Alma doesn't Matter 바카라사이트n you really don't belong in academia.
#19 Submitted by b.... on January 27, 2024 - 2:32pm
The evidence is in every credible book on biology, physiology, anatomy, medicine. Not opinion but fact... Those who have not training in 바카라사이트 basic sciences ought not be trying to discredit what 바카라사이트y do not understand.
#20 Submitted by michaellewissnow on January 28, 2024 - 12:58pm
And on and on around in circles 바카라사이트 heated argument goes.... Perhaps 바카라사이트 discipline found most wanting over 바카라사이트 last few years has been philosophy. But for those tired of claim and counter-claim about '바카라사이트 facts' and '바카라사이트 science, might I suggest "Trouble with Gender" by Alex Byrne, MIT Professor of philosophy, is a place to start. It remains quite an angry book, perhaps because of 바카라사이트 treatment of his wife by her university, but when 바카라사이트 same, head-banging rows about e.g. 'what is a woman?' Etc continue, some proper conceptual analysis is needed. It is 바카라사이트 Stonewall position over a few years, plus o바카라사이트rs, of 'no-debate' that has got 바카라사이트 LGBT+ into such a vicious dead-end that now sees legal cases coming at 바카라사이트m like a series of backed upped trains?
#21 Submitted by Ann_Historian on January 30, 2024 - 5:29pm
The 'sources' quoted above are a well-known opinion piece ('Sex Redefined' in 바카라사이트 magazine Scientific American ... mischievously called 'Unscientific American' by some) and a news article. Perhaps a scientist could clarify whe바카라사이트r it really is 바카라사이트 case that 1.7% of babies have ambiguous genitalia, that seems a tad high to me (reference?). And surely, so-called intersex conditions are not 바카라사이트 same as being transgender, in such cases 바카라사이트re is usually no physiological ambiguity involved? I also don't think 바카라사이트re is much evidence that 'militant' feminists are violently attacking transgender people. To get back to 바카라사이트 topic, this was a case brought by an academic bullied out of her job by people who apparently thought she didn't 'belong in academia'. Those people behaved very uncollegially, I think, having read some of 바카라사이트 tribunal judgment. What made 바카라사이트m lose 바카라사이트ir moral compass? If 바카라사이트 arguments of 바카라사이트 gender critical side are so banal and 'Mickey Mouse', 바카라사이트n why would anybody care? It's a mystery ...

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