The University of Sussex has condemned the findings of an investigation into freedom of speech by the higher education regulator the Office for Students (OfS) that leave universities unable to have policies to prevent abusive, bullying and harassing speech and that will perpetuate the culture wars. 

 Following a three-and-a-half-year investigation, in which the OfS refused to meet or speak with anyone from the University, and with only one person interviewed, the regulator has handed down a record fine of £585,000, over 15 times larger than any other sanction it has previously imposed, for two historic breaches of its ‘conditions of registration’.  

 The implications of the OfS’ findings are that universities could be powerless to remove offensive propaganda or to discipline those who engage in abuse, harassment or bullying, unless the propaganda or speech is unlawful. Universities may be unable to set expectations of behaviour or issue guidelines to protect staff and students from abusive, bullying and harassing speech which is not unlawful. Commenting, the Vice-Chancellor of the University of Sussex, Professor Sasha Roseneil, confirmed that the University would legally challenge the OfS’s findings and warned of the implications for the wider sector.   

 Professor Roseneil said:  

 “The OfS’s findings mean that it is now virtually impossible for universities to prevent abuse, harassment, or bullying on our campuses. It means universities cannot protect groups subject to harmful propaganda or determine that stereotyped assumptions should not be relied upon in the university curriculum.  

 “Universities must be able to have policies and expectations of behaviour that support respectful communication and enable us to manage cultural tensions on campus. It cannot be that we are only able to expect people to obey the law and that poor behaviour can only be challenged in the courts.   

 “Under this ruling, we believe that universities would not be permitted to expect their staff and students to treat each other with civility and respect. The OfS is effectively decreeing libertarian free speech absolutism as the fundamental principle for UK universities. In our view, the OfS is perpetuating the culture wars.” 

 Professor Roseneil also criticised the manner in which the OfS conducted its investigation. She said: 

 “The way the OfS has conducted this investigation has been completely unacceptable, its findings are egregious and concocted, and the fine that is being imposed on Sussex is wholly disproportionate. After three and a half years of trawling thousands of pages of paperwork, whilst never interviewing anyone employed by the University, the behaviour of the OfS sets a dangerous precedent and constitutes serious regulatory overreach in service of a politically motivated inquiry.” 

 This treatment reflected the findings of the House of Lords’ Industry and Regulators Committee Inquiry into the OfS in 2023. The Committee’s report said that:  

 “It is clear that the poor relationship between the OfS and providers has been in part because the OfS approach has been overly distant and combative. It gives the impression that it is seeking to punish rather than support providers towards compliance, while taking little note of their views”.  

 The report added: “The OfS has now become involved in the micro-management of issues such as freedom of speech and sexual harassment. While undoubtedly important, these matters would be better dealt with by effective review of provider governance and disseminating best practice rather than through prescriptive regulatory requirements and time-consuming processes.”  

 The Government’s review of the Office for Students in July 2024 called out the regulator’s perceived lack of independence and made it clear that the OfS must reset its relations with the higher education sector, from being ‘adversarial and overly legalistic’ to build relations based on ‘respect, confidence and trust’.  

 “How the OfS has behaved throughout this investigation demonstrates that it has not changed the way it operates and it is not acting in the interests of students, taxpayers, or the sector,” added Professor Roseneil. “It has pursued this flawed investigation to make an example of a university without any regard for the impact of its investigation on students and staff and the wider sector. The OfS is simply not fit for purpose.” 

 The Government’s review led by Sir David Behan, now interim Chair of the OfS, recommended it refocused its attention on the financial sustainability of higher education providers. The scale of the fine levied on Sussex demonstrates a fundamental disregard for this when so many providers in the sector, including Sussex, are facing significant financial pressures.  

 The OfS launched its investigation on 22 October 2021 in response to protests that led to Professor Kathleen Stock’s resignation from the University. 

 Addressing Professor Kathleen Stock’s resignation from the University of Sussex, Professor Sasha Roseneil said:  

 “The circumstances around Professor Stock’s departure from the University of Sussex are deeply regrettable. Sussex has consistently and publicly defended her right to pursue her academic work and to express her gender critical beliefs. Academic freedom and freedom of speech are the foundational elements of a university, and the University is committed to ensuring that diversity in all its forms, particularly diversity of thought and identity are able to flourish at Sussex.”