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High Court Reverses Sussex University Free Speech Fine

Times Radio UK Brighton 13d13d Impact 5

Sussex University has been fined £585,000 by the Office for Students (OFS) for failing to uphold free speech. The judge stated the Office for Students had closed its mind during the process. The ruling is described as a setback for the regulator tasked with enforcing freedom of speech and academic thought in English universities. The judge noted the OFS failed to account for changes made by the time the fine was issued. The judge determined the university's actions were not right on many counts. This decision is described as a blow to the Office for Students, which is responsible for policing free speech rights. The university is reportedly reviewing a 74-page judgment and will take several weeks to decide whether to appeal the decision. If no appeal is filed, the fine will be dismissed.

Sussex University has been fined £585,000 by the Office for Students (OFS) for failing to uphold free speech. The judge stated the Office for Students had closed its mind during the process. The ruling is described as a setback for the regulator tasked with enforcing freedom of speech and academic thought in English universities. The judge noted the OFS failed to account for changes made by the time the fine was issued. The judge determined the university's actions were not right on many counts. This decision is described as a blow to the Office for Students, which is responsible for policing free speech rights. The university is reportedly reviewing a 74-page judgment and will take several weeks to decide whether to appeal the decision. If no appeal is filed, the fine will be dismissed. Large universities earning between 400 million and 600 million pounds annually could face multi-million pound fines in such cases. The decision raises questions regarding the fairness of the decision-making process used by regulators. A judge ruled that Sussex University's definition of freedom of speech was incorrect in law. The judge noted that Kathleen Stock's views and treatment were central to the hearings, though the case itself was not considered.

Topics

free speech higher education regulation

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Sources · 7 independent

Times Radio UK

“The university was fined £585,000 by the OFS for failing to uphold free speech, a sanction they challenged, claiming the regulator did not have the authority to impose it.”

BBC Radio 4

“The fine was issued by the Office for Students over Sussex's trans and non-binary inclusion policy, which had argued had a chilling effect.”

BBC Radio 4

“Mrs Justice Leaven said the OFS had closed its mind. sanctioning the university and failed to take account of changes made by the time the fine was issued.”

BBC Radio 4

“The High Court case was about whether there was fair process followed in Issuing in the determining to issue that and the judge very clearly on many counts Decided that it wasn't right”

BBC Radio 4

“it's certainly pretty humiliating that the first large fine that they issue over freedom of speech, since it really became a big thing on campuses in the UK, has been overturned.”

BBC Radio 4

“Has the court said everything at Sussex was okay, that Kathleen Scott's treatment was okay.”

BBC Radio 4

“They've got it wrong in law. And the judge actually agreed on that point too. So there's a lot that will have to be unpicked by lawyers after this.”

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