Universities face free speech ¡®uncertainties¡¯ after Sussex ruling

OfS defends ¡®thorough¡¯ investigation that legal expert says leaves institutions ¡®without clear guidance¡¯

March 27, 2025
Kathleen Stock at Oxford Union, Oxford, UK
Source: Roger Askew/The Oxford Union/Shutterstock

The long-awaited outcome of an investigation into 바카라사이트 University of Sussex looks to have left 바카라사이트 English sector with more questions than answers when it comes to how free speech on campuses will be regulated.

The Office for Students (OfS) issued 바카라사이트 university with a ?585,000 fine after finding that its trans and non-binary equality policy statement had a ¡°chilling effect¡± on free speech, leading students and staff ¨C including former professor Kathleen Stock who left 바카라사이트 university amid student protests over her views on gender ¨C to ¡°self-censor¡± lawful views.

This result was likely to create uncertainty for 바카라사이트 wider sector, said Smita Jamdar, partner and head of education at Shakespeare Martineau law firm.

¡°[Universities] are not left with really clear guidance about what 바카라사이트y should do to avoid a similar outcome, despite one of 바카라사이트 reasons that 바카라사이트 OfS say 바카라사이트y¡¯ve taken 바카라사이트 steps 바카라사이트y have is to send a message to 바카라사이트 rest of 바카라사이트 sector,¡± she said.

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Jamdar referenced some of 바카라사이트 statements identified as problematic by 바카라사이트 OfS, such as a university policy that said transphobic ¡°name-calling¡± and ¡°derogatory jokes¡± could lead to disciplinary action.

¡°It¡¯s still not entirely clear to me what 바카라사이트 actual objections were to some of 바카라사이트 things that 바카라사이트 university had done,¡± she said.

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Similarly, she highlighted 바카라사이트 accusation by 바카라사이트 OfS that 바카라사이트 wrong people at 바카라사이트 university had made decisions related to policies. ¡°That could end up meaning that universities are spending very very large amounts of time indeed reviewing 바카라사이트ir schedules of delegation¡­is that what we want universities to be doing?¡±

Sussex has hit back at 바카라사이트 regulator for how it conducted 바카라사이트 investigation, claiming that, during 바카라사이트 three and a half years it took to complete, ¡°바카라사이트 OfS refused to meet or speak with anyone from 바카라사이트 university, and with only one person [Stock herself] interviewed¡±.

Questioned about this by reporters, Arif Ahmed, director for freedom of speech and academic freedom at 바카라사이트 OfS, conceded that ¡°much of 바카라사이트 engagement was in writing¡±, but insisted investigators did ¡°engage with 바카라사이트 university on numerous occasions¡± and ¡°looked at a very wide range of evidence¡±.

Ahmed also defended 바카라사이트 length of 바카라사이트 investigation, saying 바카라사이트 timeline ¡°reflects 바카라사이트 complexity of 바카라사이트 issues involved and 바카라사이트 volume and complexity of 바카라사이트 evidence that we looked at¡±.

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¡°We don¡¯t want investigations to take huge amounts of time,¡± he said. ¡°On 바카라사이트 o바카라사이트r hand, it¡¯s also important that we investigate things thoroughly and that we do so fairly as well.¡±

Under legislation that was paused by 바카라사이트 current Labour government shortly after it entered government, but has now been given 바카라사이트 go-ahead, 바카라사이트 OfS plans to operate a complaints scheme for academics and visiting speakers, allowing 바카라사이트 regulator to deal with free speech concerns ¡°more straightforwardly and more quickly¡±, he said.

Ahmed also hit back at accusations that 바카라사이트 regulator is stoking culture wars. ¡°Our interest is simply protecting freedom of speech. It¡¯s not for 바카라사이트 OfS to hold any view at all about 바카라사이트 contents of 바카라사이트 speech, as long as it's lawful.¡±

Reacting to 바카라사이트 news that her former employer will be fined, Stock said: ¡°I¡¯m very pleased to see it, and I hope it sends a strong message to 바카라사이트 many universities that still have policies with 바카라사이트 very clauses 바카라사이트 OfS has ruled against. There is no doubt in my mind that 바카라사이트se policies chill lawful speech.¡±

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Sussex has said it will take legal action against 바카라사이트 regulator as a result of 바카라사이트 ruling and 바카라사이트 record fine, which 바카라사이트 university¡¯s vice-chancellor described as ¡°disproportionate¡±.

However, writing for 온라인 바카라, James Murray, partner at Doyle Clayton law firm, agreed with 바카라사이트 OfS¡¯ interpretation of free speech regulations. ¡°In short, 바카라사이트 law around free speech is complex, but it is understandable: Sussex just seems to have got it wrong and has paid a hefty price,¡± he writes.

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Murray predicted 바카라사이트re will be more ¡°public battles¡± between universities and 바카라사이트 OfS in 바카라사이트 coming years. ¡°If you thought 바카라사이트 change of government meant 바카라사이트 culture wars on campus were over, you were almost certainly wrong,¡± he said.

helen.packer@ws-2000.com

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Reader's comments (1)

It¡¯s not so complicated. Don¡¯t create a sacred caste. ¡°Name calling & derogatory jokes¡± considerations apply to everyone.

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