Trans policies vanish from university websites after Sussex fine

OfS finding that university failed to uphold its free speech duties prompts others into reviewing policies that some believe were ‘copied and pasted’

April 4, 2025
A group of pro-trans rights advocates are peacefully protesting outside the Oxford Union in objection to the invitation of former University of Sussex professor Kathleen Stock as a speaker.
Source: Alex MacNaughton/Alamy

English universities are scrambling to review policies related to transgender students and staff amid “anxiety” over whether they comply with free speech duties after the University of Sussex was hit with a?record fine.

Several institutions appear to have removed documents from their websites in the wake of the Office for Students’ ruling last week,?which found that Sussex failed to uphold its academic freedom obligations when its former professor, Kathleen Stock, was forced to?resign?because of protests over her gender-critical views.

The case – which saw Sussex fined ?585,000 – centred on Sussex’s trans and non-binary equality policy that required academics to “positively represent trans people and trans lives” in relevant course materials.

Stock herself has how other universities continue to hold similar policies and the case has seemingly provoked many into staging reviews.

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“We’ve certainly had a number of conversations with institutions off the back of the decision,” said Smita Jamdar, partner and head of education at Shakespeare Martineau. “The main theme is anxiety that institutions cannot be sure if they are compliant or not.”?

Another law firm declined to comment?owing to being in active discussions with universities on the topic.

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In one instance, the University of Leeds has??to say the institution’s trans equality policy is being reviewed in light of the OfS investigation.

Similarly, the University of Essex, which has itself previously?been embroiled in a dispute?over the deplatforming of gender-critical speakers, appears to have??to a policy setting out how the university supports transgender and non-binary staff.??show the policy was live as recently as 21 March – five days before the OfS released its report.?

A university spokesperson said the institution keeps “our policies and guidance under regular review as part of meeting our legal obligations and protecting freedom of speech within the law” and that it was currently reviewing some documentation as “part of our agreed review process”.

In another example, a number of statements on the University of Exeter’s website related to trans inclusion are also??– a change internet archives show was made at some point over the past two months.

While regular reviews of university policies are not uncommon,??the Committee for Academic Freedom has found that multiple universities, including Sussex, appear to have based their equality statements on a??originally created by the Equality Challenge Unit, which was later merged into Advance HE.?

Four specific statements in Sussex’s trans and non-binary equality policy that the OfS found breached the university’s free speech responsibilities appear to have been influenced by this template.?

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These include a statement that “the curriculum shall not rely on or reinforce stereotypical assumptions about trans people” and the requirement for “any materials within relevant courses and modules [to] positively represent trans people and trans lives”.

Edward Skidelsky, director of the Committee for Academic Freedom, said what he called “obvious” copying and pasting showed “a lack of intellectual independence on the part of university managers”.

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“I think all those policies will be scrapped if they haven’t already because, clearly, if Sussex was in breach of the OfS regulations, all those other universities will be as well.”

Skills minister Jacqui Smith recently told the House of Lords that the OfS will be writing to institutions in the wake of its findings to help them “understand their obligations”.

A spokesperson for the regulator said it understood that universities were in the process of reviewing policies relevant to its findings. “Where that is the case, we’re keen to engage with institutions and to support their work where we can do that in an appropriate way,” they?said, adding that Arif Ahmed, the director of freedom of speech and academic freedom, had met with vice-chancellors this week to answer questions.

Universities UK has called for clarity over whether policies universities have in place that aim to prevent “abusive, bullying and harassing” material or speech would be seen as a breach of free speech duties.

Jamdar said that “complaints involving harassment, protected beliefs and freedom of expression were already complicated to handle even before the OfS decision and institutions may feel even less confident navigating the issues now”.

The OfS spokesperson said it was?“important to emphasise that none of this means providers can’t have policies which set out how they will protect students from harassment – indeed, our new harassment condition will require them to do so”.

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helen.packer@timeshighereducation.com

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Reader's comments (9)

So we are back to section 28 in higher education where trans people will be excluded for fear of harassment because bigots cannot bigot ? What a shameful country we have become
No one really cares about a persons gender identity. I care as much about a persons trans identity as I do about their star sign. It’s sex that matters, and then only in a very few circumstances such as medicine, single sex spaces and sport.
There was no compromise, no 'give and take' in the trans agenda, in areas where there was a clash with women's rights, e.g. in women's sports events, in access to female areas such as women's changing rooms. Now it seems the poendulum is swinging the other way, and the trans lobby is now getting the attitudes it itself promulgated.
new
Absolutely xx
I think ES is substantially correct. HR depts just copied and pasted these policies more of less unthinkingly from other iterations they came across or some template they found that was originally authored and developed by activists. It all sounded very fine in principle but those people didn't really engage with the real world day to day interaction with students and were impracticable. They resolutely stood by their work of course (they are seldom wrong about anything in my experience), brooking no criticism, until there suddenly appears a financial implication and now it seems they are abandoning them at the drop of a hat.
This is exactly when the principles of accountable space become critical. Elise Ahenkorah's work really highlights how creating these spaces for open discussion and learning is far more beneficial than binary debate. Ultimately, freedom of speech and academic freedoms should not be restricted or limited by any political or social agenda, but we all have a responsibility to consider the intention and the impact if our words, our research, and our actions. And we need spaces to learn from each other about what those impacts really are. Because otherwise, equity deserving communities will always be subjected to mainstream perspectives. Truly accountable space upholds equity to give an even platform to all voices. Most public platforms have completely failed the Trans community in this regard, and in many other ways. Freedom with accountability!
Maybe it is time to focus on what is really important... remembering to be kind. We don't all agree on everything, but we ought not to be harming others by expressing our deeply-held opinions, even without intending harm. (Anyone who does intend harm needs to be seen off, THAT is quite unacceptable!) Do you need a policy to remind you to be kind? Do you need a different one for each area on which you hold a potentially controversial view? Not if you are a reasonable and considerate person, you don't. Are you really so fragile as to be unable to accept that other people have different opinions from yours, equally precious to them? You may choose to take offence at their views, but they probably find yours offensive too. And have we fallen into the trap of failing to separate opinions from the people who hold them? I might be furious that you support Man City rather than Man United, but that's no reason to hate and vilify YOU! Time we grew up. Be kind. Expect a diversity of views, listen to where other people are coming from and argue the case for your own opinions.
NB“ - the quote in this THE piece from Smita Jamdar shows beyond doubt that she is one of those leading unis astray by misclassifying bullying as academic freedom, and academic freedom as potential harassment. Unis need to stop listening to such people.” Helen Joyce
My main concern here is that universities have failed to take the opportunity that being a university offers to reflect openly about complex issues. There are some who view biological sex as being key (and are referred to as gender-critical), whilst there are some who view gender identity as being key and, as I understand it, hold this view regardless of whether someone has undergone gender reassignment surgery or not (let us call them sex-critical). OK - but what next? Whatever happens elsewhere, especially on social media, what I would like to see is a reasoned dialogue around how biological sex and gender identity relate to each other. I fear that the sex-gender binary has just become one more of so many spheres of life where polar opposite positions are taken, resulting in views being seen as right or wrong, pro or anti, for or against. If only the issues were that simple. What I do not know is how to take the heat out of this non-debate, in order to have informed discussions where people talk to each other, rather than shout past each other. If universities cannot create such spaces, for this and other polarising discussion, then frankly as the academy we are doomed.

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