- New legal duties on universities and colleges come into force
today, as government delivers Plan for Change to restore
integrity of universities
- The Office for Students has powers to investigate providers
where they fail to uphold free speech and academic freedom.
- New rules ban universities from using non-disclosure
agreements to silence victims of campus misconduct.
Students, academics and external speakers at universities in
England will have their freedom of speech protected by robust new
laws coming into force today (Friday 1 August).
Under the strengthened rules introduced by this government,
universities must actively promote academic freedom, ensuring
campuses are places where robust discussion can take place
without fear of censorship of students, staff or external
speakers expressing lawful opinions.
Universities will also be banned from using non-disclosure
agreements to silence victims of campus misconduct, protecting
vulnerable individuals who may have faced harassment, abuse or
sexual assault.
If lawful free speech is silenced the Office for Students (OfS)
can investigate, and can take action if universities are found to
have failed to protect free speech rights.
The OfS' director for free speech and academic freedom has warned
institutions that flout the new rules could face record
penalties, after the University of Sussex was given a landmark
£585,000 fine for its failure to uphold free speech in March.
Arif Ahmed said future fines could be higher.
These robust protections deliver on the government's Plan for
Change by restoring the integrity of our universities as rigorous
centres of intellectual debate, recognising them as a key driver
for delivering growth and opportunity across the country.
Skills Minister said:
"Academic freedom is non-negotiable in our world-leading
institutions, and we will not tolerate the silencing of academics
or students who voice legitimate views.
“These strengthened protections make this explicitly clear in
law, and the record fine already handed down by the OfS has put
universities on notice that they must comply or face the
consequences.
“Through our Plan for Change we are restoring our world class
universities as engines of growth, opportunity and innovation,
and fostering a culture of free enquiry and academic freedom is
at the heart of that.”
In future a new OfS complaints scheme will ensure academics,
external speakers and staff can trigger investigations that could
lead to fines if their free speech is not protected. Students
will have their free speech complaints considered through the
Office of the Independent Adjudicator.
The legislation will also ensure student unions are subject to
new rules, by holding universities accountable for their
activities.
The Education Secretary has previously announced that elements of
the Act that could have saddled universities with
disproportionate legal costs will be removed, as they would have
rendered the rules unworkable.
Jewish community organisations had also raised fears the tort
might lead some providers to unduly prioritise speech which is
hateful or degrading over the interests of those who are at risk
of being harassed and intimidated.
Overseas transparency measures contained in the Act will remain
under review while the government assesses the impact of the
recently-introduced Foreign Influence Registration Scheme.
The Office for Students already has powers to require information
in response to concerns about free speech or academic freedom,
including issues related to suspected foreign interference and
funding.
