Be ready to be shocked and offended at university, students told

Students should be ready to be shocked and offended at university, according to the man in charge of ensuring free speech on campuses.

Arif Ahmed, from the Office for Students (OfS), which regulates universities, told the BBC that exposure to views which students might find offensive was “part of the process of education”.

It comes as the OfS published guidance for universities in England on how a new law, designed to protect free speech, will work when it comes into force from August.

But the National Union of Students UK (NUS UK) said the latest guidance was “just more nonsense playing into the so-called ‘culture wars'”.

NUS UK president Amira Campbell said “students and academics overwhelmingly already believe that universities and students’ unions know how to do freedom of speech, and there is already plenty of legislature around the issue”.

“I am disappointed in the governing bodies who have prioritised this over protecting and supporting marginalised students,” she added.

The guidance on the new law was issued after universities requested clarity from the OfS on how to best uphold freedom of speech, after the University of Sussex was fined £585,000 for failing to do so in March.

The university was issued with the fine earlier this year under existing powers, after the OfS said its policy on trans and non-binary equality had a “chilling effect” on freedom of speech.

Kathleen Stock had previously resigned from her post as philosophy professor at the university, following protests by students against her gender-critical views.

The university has begun a legal challenge against the fine, arguing that the investigation was flawed.

Universities UK, which represents 141 institutions, said at the time of the fine that it would write to the OfS to clarify what would represent a breach of freedom of speech rules.

They now say they are “pleased” the OfS has taken on feedback, and would “make sure universities are appropriately supported to comply” with the new rules.

From this summer, the new law will place a stronger responsibility on universities in England to uphold freedom of speech and academic freedom.

The OfS can sanction universities, with the potential for fines to run into millions of pounds, if they are found to have failed to do so.

Almost every aspect of university life – from protests to debates, training and teaching – is covered by the new guidelines on how the law will be applied.

For returning students, or those starting university this year, there may be not be a noticeable immediate change, but Dr Ahmed says the law is about the freedom for anything to be discussed or taught.

Speaking directly to students, the director for free speech said: “You should expect to face views you might find shocking or offensive, and you should be aware that’s part of the process of education.”

He added that students should be able to express any view, no matter how offensive it is to others, as long as it is not outside what is generally allowed by law, such as harassment or unlawful discrimination.

The Union of Jewish Students said it was pleased the guidelines said Holocaust denial was not a form of protected speech under the law, while also ensuring that universities will have to protect students against antisemitic harassment.

Paris and Marie-Louise, who both study mental health nursing at the University of Salford, said they felt that being respectful of others’ opinions is key.

Paris said she thought it was important to be able to “express your emotions and feelings without being disrespectful”, and allow others to do so too.

“I think it’s important to be able to allow other people to express themselves, because at the end of the day everyone’s gone through different situations that may lead to them having different opinions,” she said.

Similarly, Marie-Louise said freedom of speech “doesn’t mean you have to be nasty” or “act out of manner”, but rather “just stay true to yourself”.

In the OfS guidelines, 54 detailed scenarios are used to explore how the new law might be interpreted, with some likely to provoke debate and even controversy.

One looks at “simulated military checkpoints” as part of student protests about Palestine – something that has happened in the United States, but not on campuses in the UK.

The right for peaceful student protests is balanced with universities being able to limit the time and place they happen, in order to ensure no students are intimidated or prevented from attending lectures.

The guidelines also make it clear that any agreements with foreign states that enable censorship on campus must be changed or scrapped.

But not everyone accepts there are serious issues around freedom of expression at universities.

When challenged on the scale of the issue, Dr Ahmed pointed to polling carried out for the OfS, which he said suggests a fifth of academics do not feel free to discuss controversial topics in their teaching.

The issues most frequently highlighted by those expressing concern were race and racism, as well as sex and gender, with women more likely to feel unable to speak out.

The guidelines also make clear that the OfS expects universities to support and protect academics whose views might provoke protest from students, and not to delay speaking up in their defence.

Dr Ahmed told the BBC universities could not sack a lecturer “simply because that person expresses views students find offensive, shocking, controversial or disturbing – and that’s essential to academic freedom.”

Edward Skidelsky, philosophy lecturer at the University of Exeter and director of the Committee for Academic Freedom, said the OfS guidance was “reassuringly robust” and “makes clear that academics and students may not be penalised for speaking their mind”.

What is less clear is what happens when an academic leaves a job because they feel the situation is untenable.

Prof Jo Phoenix won a case for constructive dismissal with the Open University, and a tribunal found she had faced harassment for her gender-critical views.

She said she welcomed the OfS guidance, but said some universities might take more to change their workplace culture, adding: “It’s like bringing a bucket of water to a burning fire.”

Another employment tribunal, due to take place next year, will look at an allegation by a different academic that he was constructively dismissed after students boycotted his teaching over his opinion that racial diversity programmes had gone too far.

In the meantime, the law will come into effect, with a complaints system to follow.

Students will be able to complain to the Office of the Independent Adjudicator if they feel free speech or academic freedom is not upheld, while academics or visiting speakers will go direct to the OfS.

Universities have expressed unease about the new system, pointing out they already have a legal obligation to uphold free speech.

A Universities UK spokesperson said: “We strongly agree that universities must be places where free speech is protected and promoted.”

It added that issues were complex, and said it was pleased the regulator had taken on board feedback on its previous draft guidelines.

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