External speakers and event hosts

Last updated: November 2025
Next review date: October 2026

To highlight any required updates, please email notify@sunderland.ac.uk.

1. Scope

The University of Sunderland (University) Events and External Speaker Policy complements and must be read alongside the External Speaker Code of Conduct and Code of Practice on Freedom of Speech.

This Policy applies to all staff and students of the University (including University of Sunderland in London and university staff and students at partner colleges in the UK) who host or otherwise organise for an external speaker to address an audience or for a university-branded event to take place (whether on or off campus). The Policy also applies to any third party making a request to book premises at the University for the same or similar purposes.

The University will take a balanced and proportionate approach to the application of this Policy. It is not envisaged that it will apply to internal business meetings or the majority of normal university teaching (except that it will apply, to the extent stated in section 4.1, where that teaching involves the participation of external speakers who may potentially promote or advocate extremist views, is high profile or speaks on a topic that is currently politically sensitive or otherwise controversial in nature).

It is important to note that the purpose of this Policy is to set out arrangements on the basis that mitigating steps are put in place to permit events and speakers to attend where they are operating within the law.

2. Introduction

Invitations to external speakers and hosting events play a central role in university life, not least in terms of allowing staff and students to be exposed to a range of different beliefs that challenge views and develop opinions. The University has a positive legal duty to protect freedom of speech for its staff, students and external speakers, and the academic freedom of its staff.

There must be a lawful reason to restrict freedom of speech, and only where the speech itself would be unlawful, including if it amounted to the legal definition of ‘harassment’, or speech that breaches the Equality Act 2010 or poses a credible threat to national security, public safety or the prevention of crime and terrorism.* The Higher Education (Freedom of Speech Act) 2023 and the Office for Students (OfS) Regulatory advice 24: Guidance related to freedom of speech (June 2025) require the facilitation of events and speakers within the law, in the interests of securing free speech or academic freedom.

A Code of Practice on Academic Freedom and Freedom of Speech was approved by the Board of Governors in 2025 (and is kept under review) in compliance with its obligations under the enforceable Higher Education Freedom of Speech Act (2023) and other relevant legislation. The procedures detailed in this Policy are intended to support that Code of Practice and are to be read alongside it.

2.1 Policy aims

The Policy has a number of core objectives. The most important of which is to ensure that the University takes reasonably practicable steps to secure freedom of speech for external and visiting speakers and others.

Other objectives include:

• To ensure the use of any university premises or online forum owned by the University is not denied to or provided to any individual(s) or lawful organisation based on their ideas or opinions, policies and objectives
• Clarity, visibility and accessibility to ensure the Policy is followed, as well as clearly stated sanctions for those who breach the agreed Policy
• To provide clear signposting to the process for managing requests for events or external speakers
• To clearly outline the appeal and complaints process
• To support positive working relationships with the Students’ Union, police, Local Authority, community groups and others as required, to support decision-making.

It is a requirement of this Policy that it must be applied in all cases where a platform is being given to any external speaker, or group of speakers or body, or where an event is held that can be considered to be associated in some way with the University (whether or not organised by it and whether on or off campus). This may include, although is not limited to, public lectures, professional lectures, research seminars, Students’ Union events, debates and academic conferences.

3. Definitions

3.1 External speaker(s)

An External Speaker refers to anyone who is not a staff member (i.e., employee) or a student of the University, who attends the University (or a university-branded event, in person or online) to address an audience. This includes any individual who is a student or staff member from another institution (including visiting lecturers) or the Students’ Union. Within the scope of this Policy, the term ‘external speaker’ includes the individual, their message, their affiliations with other groups and their media profile.

3.2 Event(s)

An event includes any gathering, whether on or off university premises, including online or hybrid events, that involves an external speaker addressing a group or where that event is organised, promoted by, associated with, or branded by the University.

3.3 Event organiser

An event organiser is the person responsible for making arrangements for the event to go ahead and, where an external speaker is involved, will initially assess whether that external speaker should speak or participate in the event in line with the guidance in this policy. This individual should have the authority and take responsibility for the effective running of the event, be the key point of liaison with both the speaker(s) and the Risk Assessment Group. A member of the University of Sunderland Students’ Union can be an event organiser for the purpose of this Policy. See 3.5.

3.4 External Speaker Code of Conduct

All external speakers must abide by the University’s External Speaker Code of Conduct. The External Speaker Code of Conduct may change from time to time in response to changes in the business operations, law, regulation or policy.

3.5 External speakers

The Chief Operating Officer (COO) requires that the Event Organiser be responsible for carrying out due diligence on proposed speakers, and for liaising and cooperating with all parties involved in the assessment or delivery of an event where the speaker or event may be considered high-risk, sensitive or controversial. The event organiser(s) and all external speakers are expected to comply with the Code of Practice on Academic Freedom and Freedom of Speech, and this Policy and supporting procedures. More information on what constitutes freedom of speech and academic freedom, and the limited circumstances in which restrictions can be placed on it, including at events and for external speakers, is covered in the Code of Practice on Academic Freedom and Freedom of Speech.

4. Process

4.1 Overview

There should always be an event organiser involved in the planning of an event or external speaker, even if they are taking a booking for an external event to be held on campus, which is not originated by a member of the University’s staff or students. The University has established guidance for the planning and management of an event, including what to do when an external speaker is intended or requested. The guidance must be followed by the event organiser in all cases of event planning or requests for an external speaker. The guidance may change from time to time, and it is the responsibility of the event organiser to be familiar with and apply the current version. View the processes and associated documentation, including guidance notes.

4.2 Approval

All University events must be approved in advance.

Event organisers must carry out an initial risk assessment of the event/external speaker, then seek authorisation before formalising the booking with the speaker or publicising the event. See Appendix C (Events and External Speaker Risk Assessment) for advice on undertaking an external speaker risk assessment.

Once the risk assessment is complete, the organiser must submit a request for authorisation by their Faculty PVC, Director (or agreed deputy), a minimum of 15 working days prior to their proposed event date. Authorisation forms can be submitted online via SharePoint.

4.3 Confirmation of an event/external speaker decision

If, having followed the guidance, the event organiser’s Faculty PVC, Director, Campus Director (or nominated deputy) decides that the event or external speaker can proceed (other than in the circumstances of 4.4), they must approve from notify@sunderland.ac.uk within three working days, clearly stating that they give their permission to proceed. Once the Event Organiser has been notified, they should then inform the host or external speaker in writing (email will suffice) that permission has been given, and refer to the guidance on this page on the documentation they must read and abide by, as well as the requirement for them to submit their declaration at least seven working days prior to the event date.

4.4 Referral to University Executive and Risk Assessment Group

Where the relevant Faculty PVC, Director, Campus Director (or nominated deputy) is unable to reach a decision as to whether the event or speaker should go ahead, or:

a) Where they need further advice, including whether there might be known or potential risks or sensitivities which would require additional measures to be put in place, or:

b) The University Corporate Events Team or other key parties are not satisfied with the measures proposed to enable the event to take place/speaker(s) to participate. The event request will be assessed by convening a Risk Assessment Group to include the Director of External Relations or Head of Communications, Deputy Academic Registrar, Head of Legal Services, Security Manager, Head of Health and Safety, a senior staff member from Student Journey, relevant Students’ Union representation, and other relevant staff who can contribute to the subject matter under discussion.

The Risk Assessment Group will assess:

a) Whether the event can go ahead, and:

b) What mitigations and conditions need to be put in place to allow the event to go ahead in a safe and responsible manner.

Final approval of the event/speaker will be given by the University Executive, through the COO, informed by a recommendation of the Group.

4.5. Conditions for a high-risk event to go ahead/high-risk speakers to attend

Organisers and speakers must comply with all university policies and procedures, including those related to freedom of speech, anti-harassment, and anti-discrimination. Events should encourage open dialogue and debate, allowing for diverse viewpoints to be expressed and discussed. See the External Speaker Code of Conduct. A non-exhaustive list of conditions for a sensitive, controversial or high-risk event to go ahead might include:

a) That event organisers should seek to secure an impartial chair to facilitate speaker and audience exchange and conduct. Guidance from the Events Risk Assessment Group can be requested to ensure this.

b) That the Chief Operating Officer may designate a senior staff member to attend and preside over the event, alongside the Chair.

c) That event organisers should coordinate with the University Security and the Events Risk Assessment Group to ensure the safety of all speakers, participants and attendees. The cost of security measures may be passed on to external event organisers where this is external, but it must be proportionate in the case of the Students’ Union to facilitate events proceeding.

d) That the time and location of an event might be adjusted for safety or security purposes, and controls may need to be in place, such as ticketing, restricting entry to specific groups, such as students and staff only.

e) If disruptions occur, the University’s Security Team and event organisers are authorised to take necessary actions to restore order. This may include removing individuals who violate conduct policies.

Students and staff have a right to peacefully protest in relation to a speaker or event taking place on campus, and measures will be put in place to allow protests to take place. Protests must be peaceful, nonviolent and not incite violence in others. The Students’ Union and the University have developed a guidance note on Protests and Encampments.

4.6 Events/external speakers approved by the University Executive

The event organiser will be responsible for sharing the decision with the third-party host or the external speaker in writing (email will suffice), outlining the mitigating conditions and requesting that they read the following documents and submit their online declaration form a minimum of three working days prior to the event date:

• External Speaker and Events Policy
• External Speaker Code of Conduct
• Code of Practice on Academic Freedom and Freedom of Speech
• Any other appropriate documents.

High profile or high impact will include, but is not limited to, circumstances where a significant amount of, or material, mitigation was required to reach a decision to allow the event/external speaker request to proceed.

4.7 Rejecting or deferring an event/external speakers attending

The exceptional circumstances in which an event would not be authorised to take place are where there is evidence, before or after its approval prior to the event date, that:

a) The event taking place would be unlawful, for example, the speaker(s) is associatedwith/member of a proscribed organisation. See section 2.7 for further information.

b) The event taking place and the presence of the speaker(s) would likely lead to an act of violence, unlawful discrimination or harassment related to protected characteristics. However, these must be based on stringent legal definitions of what constitutes discrimination and harassment in the Equality Act 2010 and related legislation and not popular definitions of what these terms mean.

c) public safety or health and safety was a significant and realistic concern which could not be mitigated in the timeframe for the event to take place, whereby an event and any speakers would be deferred from attending until such time that appropriate safety and security measures were put in place.

5. Central repository

In all situations covered by this Policy, all events and external speakers will be logged by the Corporate Events Team at notify@sunderland.ac.uk, as a central repository for all requests, in order to comply with Office for Students data recording and statutory data returns.

6. Complaints and appeals

6.1 Complaint resolution

Complaints related to general dissatisfaction with an event and/or speakers will be addressed promptly and fairly. The University is committed to resolving issues while maintaining its dedication to free expression and academic freedom through the University's Student Complaints Policy (for students to make a complaint) and the Staff Grievance Procedure (.pdf) for staff complaints. Both routes offer ‘early resolution’ mechanisms, followed by more formal investigations into any concerns raised about the breaching of freedom of speech or academic freedom.

6.2 Appeals process

Individuals or groups who believe their rights to freedom of speech or academic freedom, as appropriate, have been infringed through an event not taking place or taking place, can appeal decisions.

6.3 Grounds for appeal

Appeal against a decision to refuse an event or external speaker

Any request to appeal a decision to refuse an external speaker/event must be made in writing within five working days of the date the decision was communicated (where this was by email, the communication date will be the date the email was sent, where it was by letter, it will be two working days after the date of the letter). A right of appeal arises only from any of the following:

a) That the decision to refuse an external speaker/event was unreasonable and/or did not comply with this Policy

b) An alleged infringement of freedom of speech/academic freedom.

Appeal against a decision to permit an event or external speaker

Any request to appeal a decision to permit an external speaker/event to proceed must be made in writing, no later than 48 hours before the planned date for the event or external speaker to take place. A right of appeal arises only in the circumstances that an external speaker/event is likely to breach the External Speaker and Events Policy if it goes ahead.

6.4 Appeal Outcomes

Following review of the appeal, the following three outcomes apply:

1) The event to go ahead/speaker(s) permitted as planned (this could be an upheld or rejected appeal, depending on which grounds in 5.2 are applied)

2) The event to go ahead/speaker(s) permitted as planned, with further controls and adjustments in place to enable this to be the case. The event may be held at a later date than originally planned.

3) The appeal is dismissed.

All appeals will be reviewed by the Vice-Chancellor and Chief Executive (unless the Vice-Chancellor was required to make the decision under section 4.5 of this Policy, in which case the appeal will be reviewed by the Chair of the Board of Governors). This decision is final.

6.5 Who to contact to make an appeal or complaint

All appeals must be made to the Chief Operating Officer (COO) at julie.ward@sunderland.ac.uk. A decision will be made in writing as a priority on receipt of the appeal.

7. Sanctions

Failure to follow the requirements of this Policy may lead to appropriate action by the University:

• For staff, under the University’s Staff Disciplinary Procedure (.pdf)
• For students, under the University Policy on Student Conduct (.pdf).

It is important to stress that students or staff would not be expected to be subject to any misconduct proceedings where they were engaging in standard, expected conduct as a result of exercising their lawful right to freedom of speech or academic freedom at an event held by or on behalf of the University. If any actions involve breaches of criminal or civil law, the University will cooperate with the relevant authorities as appropriate.

8. Sharing information

The University will strive to maintain good working relationships with the police, Local Authority, Students' Union, community groups, and other educational institutions, as they can provide the University with invaluable support in making informed decisions on events or external speakers. The University may decide to share with any of those bodies any decisions reached under this Policy as required for the safe, lawful delivery of an event.

9. Associated documents

• External Speaker Code of Conduct
• Events and External Speaker Procedure
• External Speaker Risk Assessment Guidance
• Code of Practice on Freedom of Speech and Academic Freedom

10. Contacts

For further advice concerning the content of this Policy and its implementation, please contact the Deputy Academic Registrar, adam.dawkins@sunderland.ac.uk or Head of Communications, philippa.brock@sunderland.ac.uk.

For further advice regarding event or external speaker authorisation or to report any errors/technical issues with online authorisation forms, please contact Communications within the Marketing and Recruitment Service via email at notify@sunderland.ac.uk.

11. Review

This Policy will be reviewed periodically on behalf of the Board of Governors and in line with changes to legislation, regulatory requirements and the Code of Practice on Academic Freedom and Freedom of Speech.

 

_{*In addition, as an exempt charity, there is an expectation that the University will be vigilant in ensuring that its premises, assets, staff, volunteers or other resources cannot be used for activities that may, or appear to, support or condone terrorist activities. The Office for Students is the principal regulator on behalf of the Charity Commission in relation to the University as an exempt charity. The University is obliged to report to the Office for Students (OfS), in its role as principal regulator, any serious incidents, which include where the University (as an exempt charity) has any known or alleged link to ‘proscribed’ organisations under the Terrorism Act 2000. For the purpose of this policy, an example would be permitting an external speaker or event linked to a proscribed organisation to proceed or any other unlawful activity.}

The External Speaker Code of Conduct should be sent to external speakers prior to the event, along with the Events and External Speaker Policy and Code of Practice on Freedom of Speech and Academic Freedom.

Introduction

This code of conduct exists to ensure that all speakers taking part in a University of Sunderland-branded, hosted or run event or activity, or otherwise involved in a speaking engagement, at the University (including University of Sunderland in London and University staff and students at partner colleges in the UK), act in accordance with the University’s Events and External Speaker Policy. This External Speaker Code of Conduct may change from time to time to respond to changes in the business or in law.

Context

There are limited circumstances in which the University can restrict the freedom of speech of an external speaker. The University must consider if their speech is within the law. Free speech includes lawful speech that may be offensive or hurtful to some.

Speech that amounts to unlawful harassment, speech or a sign that is threatening or abusive with the intent to cause that person to believe that immediate unlawful violence will be used against them does not constitute free speech within the law and is not protected.

The University has a duty under the Counter Terrorism and Security Act 2015 and subsequent government guidance to have “due regard to the need to prevent people from being drawn into terrorism”, known as the Prevent Duty. Counter terrorism law forbids external speakers that have any association with, circulate materials or information about, or provide a platform to, members or associates of proscribed organisations.

Conduct

The University expects external speakers to act in accordance with the law and not to breach the lawful rights of others. External speakers are also expected to follow any reasonable instructions relating to the management of health and safety.

External speakers must also:

• Comply with the University’s Code of Practice on Freedom of Speech and Academic Freedom
• Allow and encourage challenge and debate on opinions and ideas put forward
• Abide by the University's Health and Safety Policy
• Submit their speaker declaration form online at least seven days prior to the event date.

The University has a Code of Practice to implement the duties under the Higher Education (Freedom of Speech) Act 2023.

Statutory duty and regulatory oversight

The Code requires the University to take reasonably practicable steps to secure and promote lawful freedom of speech and academic freedom, with compliance monitored by the Office for Students (OfS) as part of its registration and public interest governance requirements.

Free Speech and Academic Freedom are fundamental to university life and support a culture of open debate. We are committed to supporting and protecting lawful freedom of expression, while also ensuring that our community is inclusive and that everyone can participate.

Protection of lawful speech and academic freedom

Staff, students, visiting speakers, and all members of our university should be able to express their views and host events, to discuss and debate lawful ideas, even where others may disagree. Within the University, learning and the exchange of ideas should be carried out in a tolerant and respectful way.

Clear limits based on legislation rather than causing offence

The University has a legal duty to take such steps as are reasonably practicable to ensure that freedom of expression within the law is secured for its staff, students and visiting speakers.

While we will always take reasonably practicable steps to secure free speech within the law, we also have a responsibility to ensure that our community is safe, inclusive and respectful. Lawful freedom of speech does not include threatening, abusive or insulting language or behaviour that amounts to harassment, or incites hatred or violence.

Free speech may only be restricted where required by law (e.g. harassment, discrimination, public order or terrorism legislation), and offence, distress or disagreement alone is not a valid ground for restriction or complaint.

Institutional culture and duty to promote debate

Beyond protection, the Code requires the University and its governors to actively promote the importance of free speech and academic freedom, embedding these principles in governance, teaching, research, events, training and institutional values, while generally maintaining institutional neutrality on lawful political issues

Balancing Freedom of Speech with other statutory duties

The University operates within a complex legal framework and must balance its duty to secure freedom of speech with its other statutory duties that protect safety, equality, public order and lawful operation. This includes the Equality Act 2010, Human Rights Act 1998, Terrorism Act 2006, Public Order Act 1986 and Protection from Harassment Act 1997.

Review

On behalf of the Board of Governors, the Code of Practice is reviewed annually, and it is published in a range of places, including the Student Handbook.

Further information

For further information on the Code of Practice, please contact Adam Dawkins, adam.dawkins@sunderland.ac.uk.

Last updated: July 2025
Next review date: July 2026

1. Status and scope

1.1 The Higher Education (Freedom of Speech) Act 2023 (“the Act”) places a legal duty on the University of Sunderland to secure lawful freedom of speech and academic freedom.* The independent regulator for higher education in England, the Office for Students (OfS), will monitor the University’s compliance with the Act and the University’s delivery of its free speech duties as part of the OfS’s public interest governance principles and any specific or related conditions of registration for registered providers. The University will also continue to subscribe to the complaints scheme of the Office of the Independent Adjudicator for Higher Education (OIAHE), which will consider student complaints about a University’s handling of free speech and academic freedom where the University’s internal procedures have been completed. See Section 6 of this Code.

1.2. The University Board of Governors must take ‘reasonably practicable’ (see Section 3) steps to secure lawful freedom of speech for:

i. staff
ii. members, such as Independent Governors
iii. students, and
iv. visiting speakers.

1.3. This includes ensuring that:

i. the use of the University’s premises, digital platforms, and communications is not denied to any individual in relation to their lawful ideas or opinions, or a body based on their mission or policy objectives
ii. any conditions placed on those using University premises, digital platforms, and communications are not based on them expressing specific ideas, opinions, and objectives.

1.4. The Act and the OfS Regulatory Advice 24 also require the Board of Governors to issue and keep up to date a Code of Practice. This Code of Practice contains the minimum requirements of setting out the University’s values as they relate to and support free speech and the headline principles and procedures to secure lawful free speech at meetings, events and activities held on campus. This Code of Practice also contains key University principles and commitments for free speech and academic freedom across the range of the University’s activities, as a single point of reference, which signposts to detailed existing and new University policy and procedures.

1.5. This Code of Practice applies to:

i. all members, staff, and students of the University;
ii. all visiting speakers and any other persons on University premises, digital channels, and communications hosted by the University;
iii. all aspects of University business, including its UK-based subsidiaries, premises, and online environments hosted by the University.

1.6. The University of Sunderland Students’ Union (USSU) is not subject to regulation by the OfS, based on amendments to the Act. However, the Students’ Union is still expected to maintain a Code of Practice which sets out the ways in which it safeguards freedom of speech, and to work in close partnership with the University to fulfil its obligations under the Act, to the OfS and other bodies.

1.7. The application of this Code of Practice, and the requirements it places on the University for academic freedom and freedom of speech, does not directly apply to students or staff based at the University’s overseas campuses or partners. This is because it is not ‘reasonably practicable’ to apply the requirements of UK law as defined in this or other legislation, to legal systems outside of the UK. This is also the case where overseas partners of the University are outside of the European Union (EU) and are not subject to the European Convention on Human Rights (ECHR). However, the University expects overseas partners to respect UK law as it applies to the University and be aware of the requirements of free speech and academic freedom which apply to the University when engaging with anymember of the University who is UK based, and to not breach free speech or academicfreedom within the context of their own legal systems in a way which would bring the University’s reputation or obligations to promote free speech and academic freedom into question.

1.8. The application of this Code of Practice to UK-based teaching and research partners will apply directly where the partner in England is a registered provider with the Office for Students (OfS), and is therefore also bound by the law and registration conditions. Where the partner is not a registered provider with the OfS, there remains an expectation that the partner or body and those staff employed, and students registered with them, will be bound by the wider principles of English law and that their rights to express lawful beliefs are protected under the Human Rights Act 1998.

1.9. The University will make available and promote this Code of Practice to staff, and students registered at overseas partners and UK-based partners on an annual basis, with an expectation that they have understood and acknowledged these obligations. The Code will be brought to the attention of all new colleagues at the start of their employment with the University. The Code will be brought to the attention of all new students at the time of enrolment and annually, at re-enrolment.

1.10. Every member of staff and student enrolled at the University, other than those who are not subject to UK law in this regard as per 1.7-1.9 above, will be made aware that by joining the University community, they are required to respect and follow the principles set out in this Code and related University policies, procedures, and practices. Any breach of this Code could constitute a disciplinary offence for staff and for students.

1.11. There are limited circumstances in which the University can restrict freedom of speech. The University must consider whether the speech is within the law. All speech is lawful, i.e., within the law, unless restricted by law. Free speech includes lawful speech that may be offensive or hurtful to some. There is a range of laws that make speech unlawful, such as the Equality Act 2010, Public Order Act 1986 and Protection from Harassment Act 1997. For example, speech that amounts to unlawful harassment, speech or a sign that is threatening or abusive with the intent to cause that person to believe that immediate unlawful violence will be used against them, does not constitute free speech within the law and is not protected.

1.12. The University also has a duty under the Counter Terrorism and Security Act 2015 and subsequent government guidance, to “have due regard to the need to prevent people from being drawn into terrorism”, known as the Prevent duty. Counter terrorism law forbids the University or any of its members from having any association with, circulating materials or information about, or providing a platform to, members or associates of proscribed organisations or individuals, as they are banned as terrorist bodies in UK law.

1.13. This Code will be published online in a prominent position on the University’s website and as part of the University’s Publication Scheme

2. Definitions and context

2.1. The University is committed to ensuring that lawful freedom of speech and academic freedom are protected and promoted. Freedom of speech is defined as the freedom to express ideas, opinions or information by means of speech, writing, or images (including in electronic form). Freedom of expression and association are also protected by law, including the right to peacefully and lawfully protest as a legitimate form of democratic expression and participation.

2.2. Academic freedom is defined as freedom within the law for academic staff to question and test received wisdom and to put forward new ideas, including controversial, unpopular, or offensive positions, without placing themselves at risk of adverse consequences. Adverse consequences include suffering some form of harm or obstacle at the point of applying for, or being recruited to an academic role, or loss of privileges, the prospects of them securing promotion being reduced, or loss of their role as a result of holding and expressing lawful views and opinions.

2.3. As well as the rights to academic freedom, a range of responsibilities rest with the University’s academic staff and communities in the exercise of academic freedom. These include:

i. listening, and having regard to the viewpoints of staff, students, visitors and wider society where they differ from their own views;
ii. ensuring that their right to academic freedom does not have the effect of indirect discrimination, direct discrimination, harassment or victimisation of another person or persons, including on the grounds of their ‘protected characteristics’ in the Equality Act 2010. See 2.5 of this Code;
iii. that viewpoints and thoughts expressed or voiced to students, staff and external audiences are grounded in scholarship, evidence and a wider context and respect for any disciplinary norms and communities of practice in which they are based;
iv. that research engaged in by themselves, students or others under their supervision, should not be influenced by partisan perspectives or any conditions or restrictions imposed by funders or other bodies to present a specific set of ideas or opinions or agenda. However, some funded research may be subject to Intellectual Property rules and be commercially confidential;
v. accessing sensitive material, including extremism-related material, for teaching and research purposes for bona fide purposes only, and by following University and wider legal requirements.

2.4. The University is required to take ‘reasonably practicable’ steps to promote and protect free speech and academic freedom for staff, students and visitors. The key considerations to be weighed up include the following:

i. whether taking the step, or not taking it, would secure or restrict freedom of speech;
ii. the practical costs of time, money, staff or third parties’ input and other resources of taking the step, or of not taking it; and
iii. financial constraints.

2.5. In taking reasonably practicable steps, the University will be risk-based, in proportion to the level of risk involved in relation to the arrangement, activity, or event. This includes recognising that what is reasonably practicable for itself as a larger organisation may not be the case for the Students’ Union as a smaller entity with fewer resources. Partnership operates between both organisations to support each other in taking reasonably practicable steps, including the resource implications of doing so.

2.6. The relationship between protected beliefs and characteristics in the Equality Act 2010 and free speech duties will also form an important consideration in relation to those exceptionalsituations when free speech or academic freedom might be qualified or restricted, and wherethe exercise of such freedoms could amount to direct or indirect discrimination, harassment or victimisation and the reasonable steps the University would need to take to ensure these are not an outcome.

2.7. Lawful free speech and the exercise of academic freedom may mean that views and opinions expressed as part of University life, whether in a teaching and learning session, or an event or activity, may cause offence, distress and upset to other members of the University community and visitors. There may be occasions when the individual(s) or group(s) exercising their right to free speech or academic freedom, and/or the content of the material being expressed, relate to one or more ‘protected characteristics’ in the Equality Act 2010. In turn, those offended, upset or distressed by the exercising of these views may also hold a protected characteristic, and accordingly, it could result in a breach of the Equality Act 2010. The upholding of free speech and academic freedom is about balancing and protecting the expression of different and sometimes conflicting perspectives and viewpoints, which the University is required to account for in making such judgments.

2.8. In UK law, there must be an objective test of what is reasonable for free speech or academic freedom to be limited or qualified, and this is likely to happen only in exceptional circumstances. Circumstances might include where the exercise of free speech constitutes harassment, based on the definition of s26 of the Equality Act 2010. Decisions taken on behalf of the University will therefore adopt a case-by-case, context-sensitive approach in considering the relationship between its equality, diversity and inclusion ethos and obligations and the satisfaction of academic freedom and free speech obligations, which seek to balance the lawful rights of all parties and individuals. More information will be contained in the University’s relevant equality, diversity and inclusion policies and practices.

2.9. In satisfying the University’s obligations in relation to OfS registration condition E6: harassment and sexual misconduct, the University operates on the basis that an unduly narrow view of, or low bar for what qualifies for ‘harassment’ will not be accepted where this is made on behalf of the University or any of its staff, students or visitors, where this could have the effect, intended or not, of restricting freedom of speech or the academic freedom of staff. See Paragraph 10.3 for more information on harassment in the content of higher education course materials and teaching and learning settings more widely.

3. University values and their relationship to free speech and academic freedom

3.1. The University of Sunderland’s Strategic Plan is built on themes which inform a culture of free speech as a student-focussed, professions-facing and society-shaping institution. To be genuinely student-focused, the diversity of student voices and perspectives must be heard and harnessed on a whole range of matters that affect their student experience, and wider place in society. As a professions-facing university, we have a role to play to prepare students for the world of work and reasoned, respectful debate and challenge with colleagues, which is part of professional life. Finally, to be society-shaping and make a positive change for the better of society, means creating a climate in which research, teaching and learning and wider engagement disrupts norms and pushes the boundaries of knowledge. This can mean presenting novel and sometimes unorthodox and unaccepted viewpoints and positions.

3.2. The strategic themes are underpinned by five values, which are expanded on in the University’s Culture Framework: Inclusive, Inspiring, Innovative, Collaborative and Excellence. In particular, the values of being Innovative, Collaborative and Inclusive, individually and collectively, contribute to supporting free speech and academic freedom:

• To be ‘Innovative’ in our approach, we need to be curious about, and ready to hear and respond respectively to others’ perspectives and viewpoints, even where these may be disruptive and challenging to our own perspective, or may vary from a mainstream outlook.
• To be ‘Collaborative’ involves all members of the University community having a right to free speech, whilst at the same time being accountable for what we say and how we say it and recognising its impact on others, in the interests of building relationships across our community, even where we have differences of opinion and outlook.
• To be ‘Inclusive’, we seek to balance difficult and sensitive subjects and topics with sensitivity to those who may feel offended, upset or aggrieved by the expression of those viewpoints, to ensure there are opportunities for the diversity of perspectives to be voiced and felt heard, and for every member of our community to feel valued.

4. Admissions, appointments, employment and promotion

4.1. No prospective student will be disadvantaged or discriminated against during the admissions process on the basis of lawful free speech. An offer of admission will not be withdrawn on the grounds of that person’s opinions or ideas.

4.2. Students will not be admitted to the University subject to funding agreements, or other criteria, that could have the effect of restricting their own or another’s free speech or academic freedom within the law. This also applies to visiting staff members or external advisors to the University.

4.3. The University is committed to robust and fair staff recruitment. The University will take the appropriate steps to ensure that no academic applicant is disadvantaged during the appointment process because they have previously exercised their freedom within the law to question and test received wisdom, or to put forward new ideas and controversial or unpopular opinions. The University will not request that applicants commit to certain values, beliefs, or ideas as part of the appointment process.

4.4. No member of staff will be dismissed or denied promotion on the basis of lawful free speech, or because they have exercised their lawful right to question and test received wisdom, or to put forward new ideas and controversial or unpopular opinions. Similarly, the University will not require holders of any academic position to commit (or give evidence of commitment)to values, beliefs or ideas, if that may disadvantage them for exercising their academic freedom within the law.

4.5. Accurate and thorough records of all decision-making will be taken and retained in accordance with the University’s retention policy. This will evidence that no applicants, staff, or promotion candidates have been penalised on the basis of lawful free speech or for exercising their freedom to question and test received wisdom, or to put forward new ideas and controversial or unpopular opinions.

5. Codes of conduct and associated university policies

5.1. This Code of Practice and the University’s values towards freedom of speech and academic freedom are underpinned by a number of key University policies:

i. University Strategic Plan 2030
ii. Culture Framework UoS
iii. Events and External Speakers
iv. Equality, Diversity and Inclusion Policy
v. University of Sunderland Prevent Statement
vi. The Code of Practice for Research

5.2. There are further policies, specifically related to the most appropriate complaints route formatters related to freedom of speech or academic freedom, outlined in section 6.

6. Complaints

6.1. The University takes all forms of complaints seriously, and ‘free speech complaints’, which include those from staff, students, or members of the public relating to free speech and academic freedom, are no exception.

6.2. Free speech complaints may be made by:

i. an enrolled student via the Office of the Independent Adjudicator for Higher Education (OIAHE) complaints scheme, once the University’s internal procedures have been completed
ii. a staff member or
iii. a member of the public (including an external speaker who may or may not have spoken at an event at one of the University’s campuses).

In the case of categories of person(s) ii and iii above, there is a right to make such complaints to the Office for Students.

6.3. The University’s Students’ Union (SU) operates its own procedures for dealing with free speech complaints made to it in relation to students acting as members of the SU, its officers, staff or actions taken or not taken in its name. Such complaints may require joint working and liaison with the University.

6.4. There are several grounds which will not be accepted for a free speech complaint to the University:

i. complaints based solely on the subject matter of lawful free speech and academic freedom, which have offended, caused upset, distress or hurt, as this is not a legitimate or valid basis for a complaint in its own right;
ii. where the person making the complaint has already referred the matter to the police, or it is being dealt with by a court or tribunal and/or legal action is being taken against the University. In such cases, the University will suspend any investigation into the complaint until such time that the legal outcome has been reached. The University may pick up the investigation at that stage.
iii. where the complaint is about a staff member or student at one of the University’s teaching partnerships and study centres overseas who is not subject to UK law or OfS regulation, or a UK partner not subject to OfS registration; or
iv. where the complaint is malicious, trivial, frivolous or unfounded. The making of such complaints by a student or staff member may trigger the relevant University disciplinary or general misconduct policy.

6.5. The University’s policies for channelling student and staff free speech complaints are listed below:

Student Admissions Policy

See section (4) of the Code of Practice in relation to Admissions, Recruitment, Selection and Promotion.

Student Complaints Policy

It is possible that a student complaint may also be identified through allegations made under the:

• Student General Misconduct Policy
• Academic Integrity Regulations
• Rules for investigating research misconduct for research students, which will be routed to the Student Complaints Policy as appropriate.

Staff Policies

Members of staff may make complaints under any one of the following staff policies:

• Grievance
• Dignity at Work
• Disciplinary
• Whistleblowing
• Rules for investigating and resolving allegations of misconduct in Academic Research by members of staff.

Human Resources will ensure that the relevant process is followed in each case and will advise on the appropriate course of action. Further details or advice on any of the policies listed above, including which may be the most appropriate policy for an individual case.

• Whistleblowing Policy

The Public Interest Disclosure Act 1998 (the Act) came into force on 2 July 1999 and gave legal protection to employees against being dismissed or victimised by their employers in consequence of reporting malpractices. If any staff member would prefer to raise a protected disclosure, please refer to the Whistleblowing policy.

• General complaints from members of the public may enter the University through various routes, for example, through the Vice-Chancellor and Chief Executive’s office. They will be responded to by the relevant University department.

6.6. The University authorises the Head of Legal or Head of Legal’s nominee to act as the ‘Designated Officer’ to ensure that all students and staff of the University and visitors comply with the provisions of this Code. Appeals against decisions or conditions issued by the Designated Officer may be made to the Chief Operating Officer, as appointed by the Vice-Chancellor, to consider any appeal. The decision of the Chief Operating Officer shall be final.

6.7. The University commits to completing the complaints processes in as short a time frame as is possible. Where a complaint is judged to have a basis to enter a formal stage of a University policy, there will be a robust enquiry into the facts and hearing from those making, and those subject to, the allegations.

6.8. In line with freedom of speech, the University will not enter into non-disclosure agreements with students related to sexual misconduct, harassment or bullying. This means that the University would never impose any provision that would prevent or restrict any student from disclosing information about an allegation of harassment and/or sexual misconduct which involves or affects one or more students.

6.9. Once the University has concluded its internal complaints procedures, it will issue confirmation to the student(s) or staff member(s) known as a ‘completion of procedures’ or equivalent. This marks the end of the University’s internal procedures, for onward referral to the OIAHE for student complaints and the OfS for staff complaints, and those of members of the public.**

7. Governance

7.1. The University’s overarching governance arrangements for oversight of free speech and academic freedom are enshrined in Article 9 of the University’s Articles of Government, including the Board of Governors’ responsibility to both:

i. ensure that lawful freedom of speech and academic freedom are upheld; and
ii. that the importance of lawful freedom of speech and academic freedom is promoted.

7.2. The Board of Governors and the University Executive are accountable for setting and approving the University’s strategic objectives and, in doing so, consideration will be given to the balance of duties in relation to freedom of speech, academic freedom, and equality, diversity and inclusion. This is in the context of the University being required under law to have ‘particular regard’ to free speech and academic freedom within the law, which is a higher demand than ‘due regard’ for the Public Sector Equality Duty (PSED) in the Equality Act 2010. See also section 2.5.

7.3. As an exempt charity, the University Board of Governors, as the trustee body, and the University Executive are restricted from engaging the University in political activity or campaigning. Therefore, as a rule, the University will adopt a neutral position in relation to sensitive, lawful topics. Its role instead is to facilitate debate on such topics for its students, staff, members and visitors.

7.4. The Vice-Chancellor and Chief Executive and the University Executive will hold leadership responsibility for compliance with this Code, with specific responsibility assigned to the Chief Operating Officer, given their role as Clerk to the Board of Governors. The Board of Governors’ Academic Assurance Committee may also seek assurance from the University Executive or Academic Board on compliance with our free speech and academic freedom obligations.

7.5. Supporting the University Executive and Chief Operating Officer, there will be delegated authority via a group of the Executive or as determined by it, to:

• oversee compliance with this Code of Practice;
• require escalation to it of any serious matters relating to freedom of speech and academic freedom, including significant departures from the Code, including potential reportable events to the Office for Students (OfS) in relation to free speech and academic freedom, or student free speech complaints via the OIAHE;
• periodically update and provide assurance to the University Executive and, via it, to the Board of Governors and its committees as appropriate;
• consider actions proposed or taken from lessons learned, liabilities and internal control improvements for complex and sensitive free speech or academic freedom cases;
• expect to be notified if a free speech complaint has been submitted to the Student Casework Team.

7.6. The intended remit of free speech and academic freedom policy considerations for other key University committees across the University’s key corporate and academic governance bodies is as follows:

Audit and Risk Committee: To seek assurance in relation to strategic or significant risks and internal controls mitigation for free speech and academic freedom matters affecting the University.

Academic Assurance Committee: As the Audit and Risk Committee, with a specific emphasis on compliance with legislative and OfS requirements for freedom of speech and academic freedom.

Academic Board: To consider and approve policy (and be sighted on) key developments in relation to free speech and academic freedom at, or affecting, the University.

University Executive: To approve sensitive or higher-risk external speakers and related events escalated to it, recommend or endorse free speech and academic freedom policy (including this Code of Practice) presented to it, and be sighted on and to provide direction to EFRG, other University staff and assurance to the Board of Governors on any significant free speech or academic freedom matter.

7.7. The intended remit of free speech and academic freedom policy considerations of management and monitoring groups of the University Executive:

Prevent and Safeguarding Group: To consider the prevent and safeguarding implications of sensitive, lawful speakers on campus, including the exercise of free speechand academic freedom in relation to counter-terrorism subject matters which might pose a risk to radicalisation, or be seen to be in breach of the prevent duty or the University’s safeguarding duties.

To recommend the OfS annual Prevent Duty return, which currently includes wider data related to the number of external speaker events held on campus, including those with conditions attached/requiring escalation within, or rejected by the University.

The Group also considers progress against the University’s action plan to satisfy OfS registration condition E6 on harassment and sexual misconduct. This includes considering any cases where the exercise of free speech or academic freedom may be compromised through a narrow interpretation of harassment.

Equality, Diversity and Social Responsibility Group: To promote a culture, and approve and review EDI policy to ensure the University balances its EDI strategic objectives and legal obligations through the Equality Act 2010 and across all ‘protected characteristics’ with the exercise of free speech. See also above and the distinction between ‘particular regard’ and ‘due regard’.

Other Groups (non-exhaustive): Consideration of free speech and academic freedom management and operational provisions may arise through other groups, including the Due Diligence Group for the assessment of new University partnerships, Mental Health and Wellbeing Steering Group, and the Joint Consultative Committee (JCC) with the recognised trade unions.

7.8 As a University, we will maintain appropriate records and record decisions that could directly or indirectly (and positively or negatively) affect free speech within the law, and the reasons for making those decisions. This will be managed through routine recording protocols, data protection and transparency frameworks, where academic freedom and freedom of speech are embedded into existing regulations, policies and procedures, which is the case in most instances.

8. Research

8.1. Academic staff will have the academic freedom to undertake lawful research without restriction or compromise in any way because of a perceived or actual tension between:

i. any conclusions that the research may reach or has reached, or the viewpoint it supports; and
ii. the University’s policies or values.

8.2. This includes undertaking and disseminating research which is controversial or sensitive by nature, including that which may be security sensitive, which will be subject to the University’s research ethics review controls and wider protocols in the University’s Code of Practice for Research.

8.3. Sensitive research undertaken by students during the course of their study, or as a Postgraduate Research student, will be subject to the subject to equivalent freedoms, to support bona fide research being undertaken responsibly, within the regulations and procedures set by the University.

9. Events

9.1. The University will take reasonably practicable steps to secure freedom of speech for staff, students, and external visiting speakers and others on University premises and through digital channels and communications hosted by the University. This includes those wishing to hire University premises. The Students’ Union will apply the same principles and procedures for considering events, and there will be a mechanism to escalate consideration and approval of sensitive and higher-risk events into the University.

9.2. The following principles underpin this commitment:

i. The default assumption for the University is that lawful free speech and academic freedom for external speakers at events hosted by the University will be facilitated and events will be authorised to take place, although these may be subject to a range of conditions to mitigate risks in relation to an event going ahead.
ii. The University supports the right to freedom of speech at events, including the expression of controversial, unpopular, or offensive views, provided those views are lawful and cannot be reasonably restricted within the law. Further information is provided in Section 2 of this Code.15
iii. The University wishes to foster an inclusive environment and good relations on campus, and accommodate the breadth of protected beliefs and characteristics under the Equality Act 2010 in the exercise of free speech and academic freedom. See section 2.5 of this Code for further information.
iv. That we work in close partnership with the University of Sunderland Students’ Union in relation to the consideration of student, staff and external visitor-related events on campus.

9.3. The University’s Events and External Speakers Policy and Procedure outlines the procedures for assessing and approving events and speakers and for dealing with appeals and complaints. This Policy includes that, apart from in exceptional circumstances, use of university premises by any individual or body is not on terms that require the individual or body to bear the costs of security relating to their use. In considering whether to pass on security costs to the organiser of an event, the University’s risk assessment team will use objective criteria and will not take into account the speaker’s ideas or opinions. They will consider:

9.3.1 whether the event was internal or external, with internal also meaning events organised by and through the Students’ Union. There would be limited circumstances in which the University would pass on all of the security costs to students’ union-related events held on campus, but may expect some of the costs to be borne where additional, exceptional security measures might need to be put in place.

9.3.2 if it is a commercial event and the objective is to secure freedom of speech for University staff and/or students, costs would be charged.

9.3.3 whether the event was wholly organised by and for an external organisation, such as holding their annual conference or convention. As part of agreeing commercial terms for use of the University’s premises, in exceptional circumstances where additional security costs are anticipated due to the nature of the event being held, these should be negotiated at the point of agreeing the payment to the University for the use of its premises. Where the need for security costs arose once an event had been agreed, this would be by negotiation with the organiser and would be informed by factors such as the commercial status of the organising event, as opposed to whether it was a charity or membership organisation, conference/delegate fee structures. The political positioning or viewpoints of the organisation, provided they were a lawful body, would not be a consideration in determining or passing on all or some security costs.

10. Teaching

10.1. The University will not treat a student unfavourably, or less favourably than it would treat another student, on the grounds of their opinions or ideas in relation to:

i. the way it provides education for the student;
ii. the way it affords the student access to a benefit, facility, or service;
iii. by not providing education for the student;
iv. by not affording the student access to a benefit, facility, or service;
v. by excluding the student; or
vi. by subjecting the student to any other detriment on the grounds of their opinions or ideas.

10.2. The right of academic staff in relation to academic freedom (as set out in sections 2.1 and 2.2) will be upheld in the teaching context. Academic staff must not be constrained or pressured in their teaching to endorse or reject particular value judgements.

10.3. Students have responsibilities in the pedagogic exchanges they have with academic staff. Students will not be disadvantaged on the grounds of their opinions or ideas. In turn, students must uphold the academic freedom of academic staff and must not harass or discriminate against staff on the basis of a staff member expressing their academic freedom. The University will not tolerate the practice of ‘sousveillance’ – academic staff being monitored by students (or other staff) or named online, for example, because students do not agree with their lawful position. In turn, the University operates on an assumption that the circulation, presentation and discussion of sensitive and controversial matters and material in a teaching or learning context would not constitute ‘harassment’ of any student or other recipient, participant or parties referred to in such exchanges.

10.4. In the teaching context, both staff and students must ensure that, as set out in section 2, opposition to new ideas or controversial or unpopular opinions is by reasoned refutation, not by denial of opportunity to be heard, or by disruption of academic activities.

11. Training and Induction

11.1. The University will offer online training for students, to be completed as part of the induction and re-induction processes. This will ensure that students have a clear understanding of the principles of freedom of speech and academic freedom, and of lawful speech, and how this relates to their own rights.

11.2. It will be determined which staff in key roles will receive appropriate and proportionate training to support their understanding and interpretation of the Code, and how it applies in practice in their area of activity and beyond. Staff will also be given information on how to support students and respond to issues in a learning and teaching context, as well as implications for student disciplinary matters.

11.3. As detailed in section 2 above, opposition to any new ideas or controversial or unpopular opinions should be by reasoned and constructive challenge, debate, and refutation. This means that the University community may be exposed to views they strongly disagree with, or even find offensive, but which are lawful. Through awareness building and specifically designed content, the University will encourage staff and students to ‘disagree well’, and in an appropriate manner which does not in itself impinge on freedom of speech or academic freedom.

11.4. This Code will be brought to the attention of new members of the Board of Governors at the time of appointment. Alongside awareness building, the Board will receive a report on the operation of this Code of Practice, together with any recommendations for its revisions, at regular intervals not exceeding three years.

11.5. All colleagues who may be involved in decision-making on matters which could be relevant to this Code will receive relevant training. For example, those involved in the events and external speakers process.

 

_{*On 26 July 2024, the Education Secretary paused the commencement of the Higher Education (Freedom of Speech Act 2023), which in turn paused the enforcement of the Office for Students (OfS) Regulatory Advice Notice and specific additional functions on providers for free speech and academic freedom. However, following an announcement on 15 January 2025, the government has confirmed that only selected elements of the Act would be brought into force. This was ratified by a Statutory Instrument and Commencement Order/Regulations signed by the Secretary of State in late April 2025. This Code reflects those requirements as well as other areas deemed by the OfS and the Board of Governors for inclusion in exercising the University’s responsibility to promote the importance of freedom of speech and academic freedom.}

_{**The OfS’s free speech complaints procedure is not currently in operation. See footnote one explanation. Therefore, the provisions which refer to a 12-month window to refer a free speech complaint to the OfS have been removed from this Code.}