The English higher education regulator has urged universities to review their policies on sex and gender after it issued a record fine to the University of Sussex.

In a letter to vice-chancellors, seen by Times 黑料吃瓜网, Arif Ahmed, director for free speech and academic freedom at the Office for Students (OfS), said universities must consider?whether they are meeting their own regulatory obligations, in light of the Sussex investigation.

The university received a ?585,000 fine after the regulator found it had failed to uphold its academic freedom obligations following the departure of former professor Kathleen Stock from the institution. In particular, the OfS found statements in the university’s trans and non-binary equality policy that it said constituted a breach of the conditions of Sussex’s registration.

In the weeks since the case report was published, English universities had already begun to review their own policies, some of which appear to derive from the same template Sussex used.

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In his letter Ahmed writes: “If you are not doing so already, I encourage you to review relevant policies in light of the OfS’s findings…and consider the steps you may need to take to ensure the university is meeting its regulatory obligations in these areas.”

He continues: “I am keen to meet you to discuss the steps you are taking and would be pleased to support your work in an appropriate way.”

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It is understood Ahmed has already met with some vice-chancellors to answer questions about regulatory requirements relating to freedom of speech.

At the time it was announced, the regulator said the penalty – the largest ever issued by the OfS – was “significantly discounted” as this was the first case of its type, but warned that universities could be subject to even bigger fines in the future. Sussex has said it will be challenging the regulator’s decision.

In his letter, Ahmed writes: “We took action to ensure that students have a high-quality education and are exposed to a wide range of academic thought and argument. Our action also ensures that academic staff can teach and research lawful topics with confidence, even if they are controversial.

“The OfS’s interest is in ensuring the protection and promotion of lawful speech – irrespective of the views expressed.”

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Abhishek Saha, co-founder of the London Universities’ Council for Academic Freedom, described the letter as “very significant”.

“It serves both as a warning from the OfS to universities potentially in breach of free speech regulations, as well as an invitation to collaborate in revising internal policies before sanctions become necessary,” he said.

“Although some have attempted to portray the Sussex fine as part of a wider culture war, Arif Ahmed’s letter is, in fact, carefully crafted, balanced, and moderate in tone.”

It is unclear how many universities received the letter, but some law firms have received enquiries from institutions seeking advice on how to respond to the ruling.

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Some legal experts believe the case has created uncertainty for universities due to a lack of clarity.

In particular, a new condition of registration will come into force in August 2025 that requires universities and colleges to set out how they will tackle harassment and sexual misconduct, leading to concerns that higher education institutions may struggle to balance these requirements with the recent ruling.

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helen.packer@timeshighereducation.com