Universities that fail to protect free speech could face fines of up to £500,000
Staff, speakers and non-students will be able to take complaints directly to the regulator under a new system in England
Universities will be put under more pressure to protect free speech when a new complaints system comes into force next year, making it easier to report them.
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It follows reports received by The Office for Students (OfS) of speakers and lecturers being “harassed and blocked” because of gender-critical or religious views, concerns about foreign interference restricting academic freedom, and job adverts requiring specific ideological beliefs.
Fines could reach £500,000 or 2% of their income, and in serious cases, universities could be deregistered, risking loss of public funding.
The “first-of-its-kind” scheme run by OfS will begin in the new academic year and enable university staff, external speakers, and non-student members to raise concerns about providers in England, the Department for Education (DfE) said.
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From next April, new conditions of registration for providers mean the OfS can fine universities for breaches of their duties under the Freedom of Speech Act.
The higher education regulator will investigate complaints and can recommend that universities review decisions, pay compensation or improve their processes.
The Free Speech Union (FSU) said nearly one in 10 of the 5,700-plus cases it has fought over the past six years involved universities “failing to protect free speech”.
Education Secretary Bridget Phillipson said: “Freedom of speech is the foundation of every university’s success, enabling them to foster robust debate and exchange challenging ideas respectfully".
“But there are far too many cases where academics and speakers are being silenced, inciting an unacceptable culture of fear and stifling the pursuit of knowledge".
University staff currently use internal processes and can be forced into costly legal action, while students raise their concerns about freedom of speech via the Office of the Independent Adjudicator.
The new complaints system will be free and will “empower more people to raise concerns confidently”, the DfE said.
It comes after the Higher Education (Freedom of Speech) Act came into force in August. It requires universities and colleges in England to promote academic freedom so discussions can take place without fear of censorship of students, staff or speakers expressing lawful opinions.
The system also bans universities from using non-disclosure agreements (NDAs) in cases of bullying, harassment and sexual misconduct.
President of Universities UK Professor Malcolm Press said members will be supported to comply with the new rules. He added: “Protecting free speech while preventing harassment, hate speech, and radicalisation are complex tasks involving finely balanced decisions.
Lord Toby Young of Acton, director of the FSU, welcomed the new complaints system but said it should be open for students to use as well.
Edward Skidelsky, lecturer at Exeter University and director of the Committee for Academic Freedom, said:” No longer will universities be able to bully with impunity academics who refuse to toe the standard line on race, gender, climate and many other issues.”