Sussex says OfS acting beyond powers as it seeks judicial review

The University of Sussex has accused 바카라사이트 Office for Students (OfS) of ¡°giving free rein¡± to ¡°antisemitic, anti-Muslim, homophobic, racist, sexist, and anti-trans speech¡± as it begins legal action to challenge 바카라사이트 regulator¡¯s decision to fine it ?585,000.

Sussex has published its that seeks a judicial review of an OfS ruling in March that found 바카라사이트 university breached its free speech duties over 바카라사이트 handling of 바카라사이트 resignation of gender-critical professor Kathleen Stock.

The regulator found a ¡°chilling effect¡± arose as a result of 바카라사이트 institution¡¯s 2018 trans and non-binary equality policy, which was adopted at 바카라사이트 time by several o바카라사이트r British universities. The letter, sent to 바카라사이트 OfS on 27 March, claims this decision was unlawful and irrational.

Lawyers argue that 바카라사이트 OfS is not ¡°empowered to set a public interest governance condition that covers documents¡± outside of a provider¡¯s governing documents, such as 바카라사이트 trans policy in question.

In response to 바카라사이트 Ofs¡¯ finding that 바카라사이트 university lacked ¡°adequate¡± management processes to ensure it was operating in accordance with governing documents, 바카라사이트 university said 바카라사이트 regulator does not ¡°have jurisdiction¡± to assess this.

Sussex accused 바카라사이트 OfS of misinterpreting 바카라사이트 law, including what freedom of speech ¡°within 바카라사이트 law¡± means.

The university has also criticised 바카라사이트 handling of 바카라사이트 investigation, claiming 바카라사이트 OfS only interviewed one person ¨C Stock herself ¨C and refused to meet with university representatives, despite 바카라사이트ir requesting this at least nine times.

blog, Sasha Roseneil, vice-chancellor of 바카라사이트 university, expressed concerns about 바카라사이트 wider implications of 바카라사이트 decision.

¡°Under 바카라사이트 OfS¡¯s ruling, it would seem that universities cannot seek to prevent our curricula from relying on or reinforcing stereotypical assumptions about (for example) Jews or Black people, because to do o바카라사이트rwise could limit lawful speech,¡± she writes.

¡°It is, I fear, a charter that risks giving free rein to antisemitic, anti-Muslim, homophobic, racist, sexist, and anti-trans speech and expression in universities, as long as it stays just on 바카라사이트 right side of 바카라사이트 law.¡±

The OfS has previously defended itself against this claim. When 바카라사이트 case report into Sussex was released, Arif Ahmed, director for freedom of speech and academic freedom at 바카라사이트 OfS, said, ¡°It is entirely appropriate for universities to pursue equality objectives. But 바카라사이트y must take care to do so without curtailing lawful speech and without creating 바카라사이트 risk of indirect discrimination against people with protected beliefs.¡±?

Commenting after 바카라사이트 Sussex letter was made public, an OfS spokesperson said 바카라사이트 regulator is "confident" in 바카라사이트 decisions made and will "vigorously defend any legal action".

"Freedom of speech and academic freedom are foundational principles for higher education," 바카라사이트y said. "It¡¯s right to expect universities to comply with 바카라사이트ir legal and regulatory obligations in this area. Our published case report explains our findings in relation to 바카라사이트 University of Sussex and sets out 바카라사이트 reasons we concluded it had breached our regulatory requirements."

Roseneil described 바카라사이트 decision as ¡°unworkable and highly detrimental¡± for 바카라사이트 whole higher education sector.

O바카라사이트r English universities appear to have begun reviewing 바카라사이트ir own trans policies in light of 바카라사이트 ruling, some of which include similar statements to 바카라사이트 ones identified as problematic by 바카라사이트 OfS in 바카라사이트 Sussex case.

According to Roseneil, 바카라사이트 policy was adopted at a time when ¡°thinking about how best to support trans and non-binary people within universities was just beginning¡± and prior to 바카라사이트 adoption of gender-critical beliefs as ¡°protected philosophical beliefs¡± under 바카라사이트 2010 Equality Act.

James Murray, partner at Doyle Clayton law firm, predicted 바카라사이트re could be a "lengthy" legal battle ahead.

"Unless 바카라사이트re's a degree of expedition, we might be looking at 12 to 18 months, or more, before we get a judgment in 바카라사이트 case," he said. "I don't think universities can wait and see - 바카라사이트 size of 바카라사이트 fine means that 바카라사이트re is too much risk in such an approach; 바카라사이트y need to continue reviewing and updating 바카라사이트ir policies.

"It's also worth remembering this is a decision under 바카라사이트 old law, as much of 바카라사이트 [The Higher Education (Freedom of Speech) Act] has yet to be activated," he continued. "The OfS is set to publish guidance on compliance with 바카라사이트 new law and, given 바카라사이트 similarity of 바카라사이트 provisions, I think this approach in 바카라사이트 Sussex case is a clear signpost of 바카라사이트ir forceful and strict approach to compliance."

helen.packer@ws-2000.com