The University of Sussex has been fined £585,000 by the Office for Students (OfS) for failing to uphold freedom of speech, marking the largest penalty issued to a UK university for such a violation.
The fine follows the high-profile departure of Professor Kathleen Stock, who resigned in 2021 after facing protests over her views on sex and gender. The OfS found that the university’s policy on Trans and Non-Binary Equality, which required course materials to “positively represent trans people” and stated that “transphobic propaganda [would] not be tolerated,” created an environment where staff and students feared disciplinary action for expressing certain views.
Arif Ahmed, the OfS director for freedom of speech and academic freedom, stated that the university’s policies had led to a “chilling effect” on campus, causing individuals to self-censor. He emphasised that freedom of speech in academic institutions must be protected and that the OfS had conducted a thorough investigation before issuing the fine.
The University of Sussex has strongly condemned the ruling and announced plans to challenge it legally. Vice-Chancellor Professor Sasha Roseneil described the OfS decision as an “unreasonably absolutist definition of free speech,” arguing that the ruling forces universities into “opposing and irreconcilable duties” that make it difficult to prevent harassment while maintaining free expression. The university also accused the regulator of pursuing a “vindictive and unreasonable campaign” against it.
Education Secretary Bridget Phillipson supported the OfS ruling, asserting that free speech and academic freedom are “non-negotiables” in universities. “If you go to university, you must be prepared to have your views challenged, hear contrary opinions, and be exposed to uncomfortable truths,” she stated.
The fine underscores the increasing scrutiny on UK universities regarding their handling of free speech. The OfS was granted new powers in January, allowing it to issue financial penalties where it finds institutions failing to protect lawful expression.
The University of Sussex argues that its policy, which was adapted from a template, has since been revised. However, the OfS maintained that its findings demonstrated a significant failure to uphold academic freedom.
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