The Office for Students (OfS) has fined the University of Sussex £585,000 after an investigation found the university’s governing documents failed to uphold freedom of speech and academic freedom, as well as failings in the university’s management and governance processes.
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The OfS does not currently have a role to act on behalf of any individual. Its investigation was therefore focused on the university’s compliance with the OfS’s regulatory requirements, rather than the particular circumstances relating to Professor Stock.
The OfS has concluded that:
- The University of Sussex’s Trans and Non-Binary Equality Policy Statement failed to uphold the freedom of speech and academic freedom public interest governance principles set out in the OfS’s regulatory framework. This breached OfS condition E1.
- The University of Sussex failed to have adequate and effective management and governance arrangements in place to ensure that it operated in accordance with the delegation arrangements set out in its governing documents, including its scheme of delegation. This breached OfS condition E2.
The investigation also found that a chilling effect arose as a result of the Trans and Non-Binary Equality Policy Statement and the resulting breach of condition E1. By ‘chilling effect’, the OfS means the potential for staff and students to self-censor and not speak about or express certain lawful views. Staff and students may have self-censored as a result of the policy because they were concerned about being in breach of the policy and potentially facing disciplinary action for expressing lawful views.
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Specifically, the OfS is concerned that the university may not have complied, or acted compatibly, with:
- Section 43 of the Education (No. 2) Act 1986 (duty relating to freedom of speech)
- Article 10 of the European Convention on Human Rights (the right to freedom of expression)
- Section 19 of the Equality Act 2010 (indirect discrimination)
- The Public Sector Equality Duty.
University of Sussex fined £585,000 for free speech and governance breaches - Office for Students