The Office for Students (OfS) has given us something to get excited about in their spirited announcement. Failure to protect freedom of speech could see universities hit with multi-million-pound penalties. The OfS has delivered its first warning after exercising its new fining powers. The impact of such actions resulted in a significant penalty of £585,000 on the University of Sussex. The possibility for much greater fines still hangs over heads as the OfS is enforcing new rules introduced at the start of January.
The case of Professor Kathleen Stock was the catalyst that prompted this investigation into University of Sussex. She stepped down in 2021 amid charges of transphobia. The OfS had found that the university’s equality policy included a section on “positively representing trans people.” This policy likely prevented faculty and students from speaking out against these contrary viewpoints. This resulted in an understandable perception that Prof. Stock “was no longer able to teach certain subjects in class” for fear of retaliation.
The OfS threatened the University of Sussex with a fine of up to £3.7 million. They decided to cap the fine’s maximum penalty at £4.6 million. It was found that even a reduced fine would be an “adequate deterrent” against repeat violations. The OfS indicated that maximum penalties for universities would be capped at 2% of their annual "qualifying income" or £500,000, whichever is greater. Considering many major universities claim incomes in the hundreds of millions annually, maximum fines would be laughably insufficient and could shell out seven figures with ease.
The University of Sussex was the first institution fined under the new powers granted to the OfS earlier this year. The OfS reiterated that free speech and academic freedom are the Education Secretary Bridget Phillipson’s “non-negotiables,” in her own words. Dr Arif Ahmed, the OfS director for freedom of speech, laid it out in no uncertain terms that the OfS had warned the University of Sussex. Here’s how that exchange played out during the investigation.
"We communicated with them and they communicated with us," said Dr. Ahmed.
The OfS recognized the difficult position that universities find themselves in, of upholding free speech while preventing hate speech. This issue came to the forefront during last year’s inquiry into the University of Sussex.
