University of Sussex wins landmark free speech case against academic regulator

The High Court has overturned the unprecedented £585,000 fine handed to the University last year by the Office for Students (OfS).

The fine was originally issued by the OfS after an investigation into Sussex’s Trans and Non-Binary Equality Policy Statement found that it had restricted the speech of its staff and students and had impacted the quality of education. The policy contained a requirement to “positively represent trans people and trans lives”.

The High Court ruled that the fine was unlawful and fell outside of the scope of the Higher Education and Research Act

Their investigation report stated that the university’s professor of philosophy Kathleen Stock “felt unable to teach certain topics as a result [of the policy]”. Stock resigned from her position in 2021 following complaints from students about her views on gender and biological sex, prompting the investigation.

The University’s successful appeal to the High Court argued that the Trans and Non-Binary statement did not represent a governing document, and therefore did not contractually restrict the speech of staff or students.

The High Court ruled that the fine was unlawful and fell outside of the scope of the Higher Education and Research Act, which bestowed on the OfS its ability to impose monetary penalties onto higher education institutions.

Despite the overturning of the fine, the University of Sussex’s Trans and Non-Binary statement has been changed to no longer include the requirement for the positive representation of trans people

The fallout of the appeal includes an uncertain future for the Director for Freedom of Speech and Academic Freedom of the OfS, Arif Ahmed. Ahmed was found to have had extensive correspondence with Stock after her resignation, including expressing his “unequivocal support” for Stock.

Despite the overturning of the fine, many institutions, including Sussex, have altered their policies in response to the OfS’ decision. Sussex’s Trans and Non-Binary statement no longer includes the requirement for the positive representation of trans people.

The University of Sussex’s Vice Chancellor Sasha Roseneil released a statement on Wednesday claiming that the “torturous” investigation had been pursued and concluded with a “closed mind”, and that its verdict had been predetermined from its outset.