1 May 2026

Durham UCU Statement on the University of Sussex appeal against OfS

by | posted in: Equalities | 0

Durham UCU is unequivocal in its commitment to dignity and respect of trans, intersex, queer and non-binary people. As such, we have been vocal in our disappointment over the decision by multiple universities, following the March 2025 announcement of a £585,000 to the University of Sussex by the Office for Students, to edit or even remove policies and other materials designed to support and protect staff and students with those identities. 

Wednesday’s ruling makes it inescapably clear that the Office for Students ‘unlawfully predetermined the decision’ to fine Sussex University, and the fine has been quashed accordingly. The judgement further makes clear that Sussex’s policy was not unlawful, that preventing transphobic bullying and harassment is a legitimate institutional aim even if the behaviour being responded to is not itself illegal, and that engaging in disciplinary proceedings against academics who violate policies such as Sussex’s is not a violation of the principle of academic freedom. 

In its efforts to insist that Sussex University’s policies were unacceptable, the OfS has achieved the exact opposite. We now know that, just as with any policy which specifically opposes bullying and harassment on the grounds of race, gender, sexual orientation, or any other protected characteristic, policies which specifically oppose bullying and harassment against trans people are in fact lawful and appropriate.

We note also that, by bringing the OfS into disrepute, the decision-makers so heavily criticised in the judgement demonstrate the serious reputational risks institutions run in accepting arguments against trans-inclusive policies on ‘free speech’ grounds at face value. Ensuring that gender reassignment as a protected category is protected isn’t merely morally right, it is in the best interests of an institution. 

Perhaps, with all this taken into account, those universities who felt it necessary to alter their policies in or following March 2025 will feel confident – if not morally compelled – to restore the earlier versions of those policies. In doing so, perhaps they might also restore their trans, intersex, queer and non-binary staff and students’ faith in them.

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