University begins High Court challenge against £585k free speech fine

The University of Sussex has started its High Court legal challenge against a record £585,000 fine for failing to uphold freedom of speech.

It claims the higher education regulator, the Office for Students (OfS), acted beyond its legal powers to impose the fine, and put too much weight on a trans and non-binary equality policy in place at the time.

The university had been caught up in controversy after Dr Kathleen Stock, a former academic at the university, resigned from her post as a professor following protests against her views on sex and gender issues.

The Office for Students will defend its "careful and detailed" investigation of the university in front of a judge this week.

When it handed down the fine, the OfS said its investigation had found the university's policy had a "chilling effect" on free speech, which may have led staff and students to censor themselves on campus.

As the regulator for all higher education providers in England, the outcome of the challenge against the OfS will have far-reaching implications for its ability to enforce freedom of speech and academic freedom at universities.

Opening the case for the university, Chris Buttler KC said Sussex had a proud tradition of fostering free speech.

He said the fine had "severe" consequences for the university's reputation as a "bastion of free speech".

When Stock resigned in October 2021, after students protested against her view that biological sex is more important than gender identity, it appeared to mark the end of a high-profile row.

Now, decisions made by the regulator in a subsequent investigation, which lasted three-and-a-half years and led up to the fine, will be under scrutiny in the High Court.

Much of the legal argument centres around the university's former trans and non-binary equality policy.

The university has argued this two-page policy was not a "governing document", so the regulator had no right to rule on it.

Court submissions by the lawyers for Sussex also claim there was potential bias in the investigation into the university, because of a pre-existing friendship between Dr Arif Ahmed, director for freedom of speech at the OfS, and Stock.

The university claims that before he took up the post, Ahmed had written publicly in support of Stock's views, and sent emails of warm encouragement privately.

Stock was the only witness interviewed during the investigation, the university claimed.

Sussex said its requests for meetings were turned down, and that testimony was not gathered from students or the students' union.

The OfS is scheduled to begin its defence on Tuesday, and is expected to say its role in safeguarding the "fundamental values" of freedom of speech and academic freedom is at the heart of the case.

While the trans and non-binary policy went through several versions, the regulator is expected to argue the university failed to follow its own procedures for how it adopted what it describes as "governing documents".

The OfS has said in its submissions to court that it offered Sussex a chance to meet to discuss a settlement as early as October 2022, provided the university accepted it had breached regulations.

It also refutes any suggestion of bias, saying Ahmed had a "limited professional acquaintance" with Stock.

The OfS rejects claims that it has singled out the University of Sussex for punishment.

The hearings are due to last three days before Mrs Justice Lieven, with a judgment likely to be delivered at a later date.