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University wins record freedom of speech fine challenge
The court found procedural flaws and bias in the regulator’s decision and said it took a flawed approach to academic freedom.
On Wednesday, the High Court overturned a record £585,000 fine imposed by the Office for Students on the University of Sussex, ruling the regulator's process was fundamentally flawed.
The OfS claimed the university's Trans and Non-Binary Equality Policy Statement created a "chilling" effect on free speech, though Sussex argued the policy was not a "governing document" subject to regulation.
Mrs Justice Lieven ruled the OfS "misdirected itself" and approached the decision "with a closed mind," finding the regulator "failed to read the policy statement as a whole."
Vice-Chancellor Professor Sasha Roseneil called the judgment a "comprehensive vindication," while interim OfS chief executive Josh Fleming said the regulator would "carefully consider the consequences of the judgement."
Professor Roseneil plans to meet Education Secretary Bridget Phillipson to discuss sector-wide implications, calling the ruling a "devastating indictment" of the OfS's impartiality and competence.