The Office for Students (OfS) has penalised the University of Sussex to the tune of £585,000 pounds. This heavy penalty follows the determination by the OfS that the university suppressed free speech. This ruling comes on the heels of an investigation that began in 2021, after philosopher Professor Kathleen Stock’s departure from the university due to online harassment and abuse. The OfS questioned a provision in the University of Sussex’s trans equality policy. This part went on to define harassment or bullying – including stalking, invasion of privacy, taunting, or lewd jokes – as gravely serious forms of discipline. The OfS emphasized that the content of courses or discussions within lecture halls should not be misconstrued as harassment or bullying.
In light of the controversy, the OfS has announced plans to communicate with several other institutions to remind them of their duty to protect free speech. In just a few days – beginning August 1 – a new regulation goes into effect. The bill takes a proactive approach by requiring universities in England to promote and protect free speech on campus. Last month, the University of Sussex’s penalty could have reached as high as £3.7 million. They further recommended that future penalties should be much greater.
The National Union of Students (NUS) has criticised the fine’s serious financial burden. This could be a more urgent concern still given heightened fiscal pressures on universities. In response, the NUS argued that the money could have been better used to tackle a longterm decline in student welfare.
“The line between freedom of harm and freedom of speech right now is not falling in the right place, or at the very least, there is very little clarity from the regulator as to where that line should be falling.” – Saranya Thambirajah
The University of Sussex’s trans and non-binary equality policy requires that staff and students “actively support and promote the positive representation of trans people.” This requirement will cause many to think twice before sharing dissenting views. The OfS stuck by its guns and insisted that all lawful views should be able to be heard anywhere on campus.
Prof. Sasha Roseneil, the University of Sussex’s vice-chancellor, has pledged to take the decision to court. This response and comments from the OfS follow, in quick succession, on the release of 2022 findings. The OfS have been pretty explicit about the need for universities to define what conduct is acceptable and what isn’t. They followed up with the message that they plan to crack down on students who violate those lines.
“Really clear about the behaviour you will and will not tolerate.” – Smita Jamdar
As universities navigate these complex issues, they must balance the protection of free speech with fostering inclusive environments for all students. The NUS vice president for liberation and equality, Saranya Thambirajah, emphasized that universities should be welcoming places for all marginalized groups of students.
