Freedom of Speech complaints procedure

This document sets out the procedure for complaints against Oxford University (the “University”) for breaches of the University’s duties under freedom of speech legislation where another University procedure is not more appropriate.

Please note that this procedure continues to be in place despite UK Government plans to stop further commencement of the Higher Education (Freedom of Speech) Act. For more information, go to the Staff Gateway.  

1. The Freedom of Speech Duties

1.1 The duties which are the subject of this Procedure are set out in section A1 of the Higher Education and Research Act 2017, as amended by the Higher Education Freedom of Speech Act 2023, the (“Act”), and are as follows:

A1 Duty to take steps to secure freedom of speech

(1) The governing body of a registered higher education provider must take the steps that, having particular regard to the importance of freedom of speech, are reasonably practicable for it to take in order to achieve the objective in subsection (2).

(2) That objective is securing freedom of speech within the law for—

(a) staff of the provider,

(b) members of the provider,

(c) students of the provider, and

(d) visiting speakers.

(3) The objective in subsection (2) includes securing that—

(a) the use of any premises of the provider is not denied to any individual or body on grounds specified in subsection (4), and

(b) the terms on which such premises are provided are not to any extent based on such grounds.

(4) The grounds referred to in subsection (3)(a) and (b) are—

(a) in relation to an individual, their ideas or opinions;

(b) in relation to a body, its policy or objectives or the ideas or opinions of any of its members.

(5) The objective in subsection (2), so far as relating to academic staff, includes securing their academic freedom.

(6) In this Part, “academic freedom”, in relation to academic staff at a registered higher education provider, means their freedom within the law—

(a) to question and test received wisdom, and

(b) to put forward new ideas and controversial or unpopular opinions, without placing themselves at risk of being adversely affected in any of the ways described in subsection (7).

(7) Those ways are—

(a) loss of their jobs or privileges at the provider;

(b) the likelihood of their securing promotion or different jobs at the provider being reduced.

(8) The governing body of a registered higher education provider must take the steps that, having particular regard to the importance of freedom of speech, are reasonably practicable for it to take in order to achieve the objective in subsection (9).

(9) That objective is securing that, where a person applies to become a member of academic staff of the provider, the person is not adversely affected in relation to the application because they have exercised their freedom within the law to do the things referred to in subsection (6)(a) and (b).

(10) In order to achieve the objective in subsection (2), the governing body of a registered higher education provider must secure that, apart from in exceptional circumstances, use of its premises by any individual or body is not on terms that require the individual or body to bear some or all of the costs of security relating to their use of the premises.

(11) In order to achieve the objective in subsection (2), the governing body of a registered higher education provider must secure that the provider does not enter into a non-disclosure agreement with a person referred to in that subsection in relation to a relevant complaint made to the provider by the person (and if such a non-disclosure agreement is entered into it is void).

(the “Freedom of Speech Duties”)

2. Who can complain under this procedure

2.1 Complaints may be brought under this procedure by one or more of the following:

(a) Members. A “member” is a member of the University as defined in Statute II, except for any person who is a member of the University solely because of having been a student at the University. This exclusion includes Ordinary Members as defined in Statute II and Convocation Members as defined in Statute III save in the exercise of their functions under those Statutes;

(b) Students. A “student” is a person undertaking a course of study or a programme of research (i) at the University[1] or (ii) that leads to an award granted by the University;

(c) Offer-holders. An “offer-holder” is a person with a binding offer to become a student;

(d) Employees[2];

(e) Those applying to become members of academic staff. An “academic member of staff” is an employee of the University who is employed, or otherwise engaged, for the purpose of teaching or conducting research; and/or

(f) Visiting Speakers. A “Visiting Speaker” is a person who has been invited to speak at the University by a member, student or University employee acting in their capacity as a member, student or University employee (whether or not the event in fact took place).

2.2 Complaints may also be brought by a person who was formerly within one of the categories listed above, where their complaint relates to events which occurred while they had that status and which impacted them in that capacity.

2.3 The person or persons raising a complaint under this Procedure are referred to throughout as the “Complainant”.

3. Qualifying complaints

3.1 A complaint will qualify to be considered under this Procedure if it:

(a) alleges that the Complainant has suffered adverse consequences as a result of action or inaction of the University;

(b) alleges that, or gives rise to a question as to whether, the action or inaction was a breach of one or more of the Freedom of Speech Duties; and

(c) should not more appropriately be considered under a different University Procedure (see section [4] below).

(a complaint which meets these criteria is referred to throughout as a “Complaint”).

4. Overlap with other University procedures

4.1 A complaint that the University has breached its Freedom of Speech Duties may also fall under other University procedures, either because of overlapping remit between procedures, or because the complaint includes some concerns which do fall within this Procedure and some which do not. This may be apparent at the outset of the complaint or may become apparent as the Procedure progresses. In such cases it will usually be appropriate for the matter to be referred for consideration under the other procedure. In particular, complaints which are/include:

(a) Staff grievances should usually be considered under the relevant grievance procedure;

(b) Complaints by students or former students about the University’s provision of services should usually be considered under the University’s Student Complaints Procedure;

(c) Complaints about members of University staff which include allegations of harassment should usually be considered under the University’s Policy and Procedure on Harassment;

(d) Complaints about misconduct in research should usually be considered under the University’s Code of Practice and Procedure on Academic Integrity in Research.

4.2 Where such a complaint is received, the Proctors will decide whether or not to refer the matter for consideration under the other procedure, having consulted with other members of staff responsible for running the relevant procedure(s) as appropriate.

4.3 In exceptional circumstances, a decision may be made that a Complaint may be considered under this Procedure which does include concerns which would otherwise have fallen under another University procedure. This could be the case, for example, if the dominant allegation raised relates to freedom of speech issues and the other matters raised are relatively minor. The overriding principle in determining the correct procedure is that the University will deal with the matter as flexibly, fairly and proportionately as possible.

5. General

5.1 All parties involved in a Complaint are required to act reasonably and fairly towards each other and to respect the University’s procedures.

5.2 All Complaints will be dealt with promptly. Any time-critical factors set out in the Complaint Form will be taken into account.

5.3 Time limits in this procedure should usually be met by all parties. Time limits may only be extended by the relevant decision-maker where it is necessary to do so in order to ensure a fair outcome (for example, where more time is needed because of a participant’s illness or during the holidays).

5.4 Complaints will be dealt with confidentially by all parties involved. The University may need to share the information on a confidential basis, including with third parties, where: it is necessary to do so to ensure a fair investigation, in the course of a subsequent procedure involving the same subject matter and/or to perform our legal and other responsibilities. Data will be processed in accordance with the University’s data privacy policies.

5.5 Anyone involved in a Complaint may be accompanied to any meeting held under this procedure. The accompanying individual should usually be:

(a) for students: a member of the University or a member or employee of OxfordSU;

(b) for staff members: a colleague or a trade union officer; or

(c) for others: a person of their choosing.

Legal representation at any such meeting will not usually be allowed.

5.6 There is no right of complaint over matters of academic judgement.

5.6 Nobody who has a conflict of interest should be involved in decision-making under this procedure.

5.8 If the Proctors are conflicted or are otherwise unable to consider a Complaint under this Procedure, the Vice-Chancellor will appoint a substitute.

6. Informal resolution

6.1 Before making a formal Complaint, the Complainant should consider taking steps to resolve the matter informally. This might include discussing the matter with University staff responsible for the matters which are the subject of the Complaint.

7. Submitting a Complaint

7.1 If local resolution is not appropriate or has been unsuccessful, the Complainant may submit the Complaint for investigation by the Proctors.

7.2 The Complainant should complete and submit a Complaint Form (available from 1 August 2024) to the Proctors' Office by email to casework@proctors.ox.ac.uk. Complainants making a joint Complaint must nominate one Complainant as their spokesperson in the Complaint Form.

7.3 Exceptionally, the Proctors may consider a Complaint that is made in another format where it is fair to do so.

7.4 A formal complaint should be made as soon as possible and at the latest within [Time-limit tbc to mirror the time-limit the OfS sets for complaints to their scheme] of the conduct complained of.

7.5 The Proctors' Office will acknowledge receipt of the Complaint.

8. Interim measures

8.1 If the Proctors consider it appropriate to do to reduce the risk of harm arising from the alleged breach they may impose appropriate interim measures pending proceedings under this procedure. When deciding whether or not to impose an interim measure the Proctors must also take into account any other relevant circumstances, including the impact of the measure on any other person.

9. Investigation

9.1 The Proctors will decline to consider the complaint:

(a) if it is malicious, vexatious or frivolous;

(b) if it does not meet the requirements for a Complaint as set out at section 3 above; and/or

(c) if the person bringing the Complaint does not meet the definition of a Complainant under this procedure as set out at section 2 above.

9.2 The Proctors will usually decline to consider the Complaint:

(a) if it is received more than [Time Limit as set out in section 7.4 above] after the conduct complained of;

(b) where the matters in dispute are currently being considered or have been decided by an external body (such as the OIA or a court or tribunal);

(c) where the substantive issues have already been considered under another procedure (including, for example, the staff grievance procedure, a staff disciplinary procedure, the student complaint procedure, a student disciplinary procedure or the academic integrity in research procedure).

9.3 If a Complainant withdraws their Complaint at any time the Proctors may decide to continue the investigation if it is appropriate and fair to do so.

9.4 For all other Complaints, the Proctors may take any steps the Proctors consider necessary to investigate, including calling on any person to provide assistance.

9.5 The Proctors' Office will usually send details of the Complaint to anyone who is the subject of it and invite them to respond.

9.6 The Proctors may request a meeting with the Complainant or any other relevant party. Anyone present at such a meeting can inspect any minutes of that meeting on request.

10. Decision

10.1 The Proctors shall record their decision, including any directions and/or recommendations they are making, and the reasons for it in writing and shall send a copy of the reasoned decision to the Complainant normally within 30 days of receipt of the Complaint (the “Decision”).

10.2 The Decision will explain that the Complainant has the right to complain to the Office for Students using the following wording:

The Office for Students (OfS) operates a free speech complaints scheme. Under that scheme, the OfS can review complaints about free speech from members, students, staff, applicants for academic posts and (actual or invited) visiting speakers. Information about the complaints that the OfS can review is available on its website. [LINK - to be supplied]

10.3 The Decision will also set out sources of support and advice where relevant (ie for students and staff).

10.4 Where the Complainant is not a student, the Decision is the end of the University’s procedures.

10.5 Where the Complainant is a student, the Decision will explain that:

(a) The student has the options of (i) complaining directly to the OfS, or (ii) seeking an internal review by following the Third Stage of the Student Complaints Procedure.

(b) The conclusion of any such review process will be the end of the University’s procedures and the decision will be a Completion of Procedures letter. It will set out sources of advice and support and will explain that the student has the right either (i) to complain to the Office of Students (using the language at 10.2 above) or, in the alternative (ii) to seek a review by the Office for the Independent Adjudicator.

11. Promoting good practice

11.1 The Proctors' Office will keep a record of all Complaints received and prepare an annual report for submission to the General Purposes Committee of Council (GPC) that, in anonymised form, will set out:

(a) an overview of the Complaints received, their subject matter and how they were resolved; and

(b) any recommendations from the Proctors arising from them.