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  • Alumni-in-residence programs aid student development

    Alumni-in-residence programs aid student development

    SDI Productions/E+/Getty Images

    A May 2024 Student Voice survey found 29 percent of students believe their college or university should prioritize or focus more on connecting students to alumni and other potential mentors.

    Colleges and universities often have connections to a wide range of successful graduates who can provide insight and support to current students, but creating organic relationships between the two groups can be a challenge.

    One initiative institutions have undertaken is establishing alumni-in-residence programs to offer career development opportunities for current students.

    How it works: Similar to a formal mentoring program, alumni in residence hold one-on-one conversations with learners to address the student’s career goals and answer questions related to work or life after college.

    The alumni-in-residence program, however, asks alums to serve in a variety of functions, including panel presentations, etiquette dinners and a networking reception, as needed.

    What’s the value: Alumni can offer specific insights into career pathways from their alma mater into their current role, helping highlight the student journey in a unique way. Involving former students in career services can also increase funding and support for the institution. A 2024 survey by Gravyty found alumni who have participated in a mentoring program say they are 200 percent more likely to donate in the future.

    Effective career services can also impact a student’s perception of their institution after graduation; 19 percent of alumni reported receiving strong career support from their institution, and those alumni are 2.8 times more likely to say their degree is worth the tuition, according to the 2023 National Alumni Career Mobility Annual Report.

    A 2025 analysis by Gravyty also found 46 percent of alumni rank career support and networking as the most valuable services their alma mater can provide, yet only 40 percent of engagement programs at universities include mentoring opportunities.

    Who’s doing it: Some of the institutions hosting an alumni-in-residence program include:

    Do you have a career prep tip that might help others encourage student success? Tell us about it.

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  • The case for social action

    The case for social action

    As social action charity Student Hubs closes on 31 January 2025, we have spent the past six months creating resources, toolkits and a report which advocates for growing student social action within universities: we want to share an overview of our case and legacy to the higher education sector.

    Student Hubs was developed by students in 2007, growing across England and Wales to deliver volunteering, events, conferences, training programmes and in-curricular activities. We reached 20,000 students across 10 Hub locations, including engaging 1,200 community organisations and over 16,000 community members. In 2023-24 our activities represented over 8,000 hours contributed to social issues across Bristol, Birmingham, Cambridge, London and Southampton. We are keen for universities to step up to meet the vast gap we will be leaving within the sector.

    A Government definition in 2016 framed social action as ‘people coming together to help improve their lives and solve the problems that are important in their communities’. Our ‘Case for Social Action’ looks through the lens of Education Secretary Bridget Phillipson’s call to the sector in November 2024 outlining what the Labour Government expects universities to achieve moving forward. We summarise how social action can meet these agendas in practice.

    ‘Expanding access and improving outcomes for disadvantaged students’

    Through social action there are opportunities to meet both the needs of young people and our current students, which we saw through delivering tutoring, school clubs, Saturday activity days, library and community-based activities and in-school workshops. We have seen first-hand how social action activities meet university agendas on access, student employability and civic engagement.

    Speaking about Libraries Plus, where students provided tutoring support in libraries in Southampton, our student coordinator Sahiba from the University of Southampton shared:

    Libraries Plus is an extremely rewarding and enriching project. At the start of term, a volunteer who is an international student was wary about their English speaking skills: by the end of term, they let me know how much their confidence and social skills had bloomed … parents constantly let me know how pleased they were with the project and how valuable the tutoring had been for their children, who just needed that little bit of extra help to unlock their full potential.

    Civic roles and economic growth

    Students need to play a much bigger part in universities delivering knowledge exchange, research and civic engagement activities. In our 2022-23 impact data, 71% of partners agreed that working with the Hub had positively changed their perceptions of university students, and 86% agreed that working with the Hub had given them a sense of connection to the student community. In a landscape where ‘only 10% of respondents listed more funding for universities as a priority’ in polling conducted by Public First prior to the 2024 general election, universities need to build stronger relationships with the public and share their expertise and resources.

    For students, engaging with local organisations and community members enriches the in-curricular experience. In 2020-21, Dina, an International Business student at Kingston University, took part in a module that Student Hubs delivered in partnership with academics as part of our Community Engaged Learning approach, which embedded real-life briefs with socially impactful organisations. Dina consulted for a local organisation on adapting their marketing, programmes and outreach to engage a wider community of users in the Greater London area. She said:

    It has been extremely beneficial, mainly because it has given me practical experience in learning more about different cultures. The fact that in this case my team and I were able to deal with issues related to the module whilst being able to communicate with the client directly helped to make a lot of theories and topics come into practice. It has been very inspirational to work directly with a community partner as it allowed me to actually understand the reality behind how some members of society are being integrated and given me insight into details to take into consideration in a professional environment to communicate with clients with confidence and competence.

    Through this module, the partner organisation received research and recommendations they could implement in their local activities: an example of free knowledge exchange and capacity which the Voluntary, Community and Social Enterprise (VCSE) sector vitally needs right now. Student social action, facilitating staff volunteering for trusteeships and governorships and partnership activities which fill the funding the VCSE sector is struggling to achieve from elsewhere are all ways in which universities can support their regions to make genuine change. Speaking as a charity ourselves that is closing, we urge universities to do more to support these local organisations and integrate them into the university experience.

    University reform

    Embedding civic activities and social action, alongside the necessity for universities to reform, presents the opportunity to streamline and prioritise what the university experience means. This includes how the community is integrated into teaching, learning and extracurriculars and how graduate skills are embedded into all facets of university life. Social action should be fun, social and engaging, designed to inspire and develop students into individuals with the skills to make change. Our student and graduate cohorts are facing deep systemic social issues which they are desperate to face, but are struggling to know how to do so amidst balancing their commitments for study, work and making connections with their peers and place.

    Social action can provide the space to do this and more for students and communities: what is needed is the long-term investment in our cause by universities themselves, now that Student Hubs are no longer there to champion student social action.

    You can read Student Hubs’ ‘The Case for Social Action’ report here and access Student Hubs’ collected toolkits and resources for universities here and at the Civic University Network website from February 2025 onwards.

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  • Nils Gilman on Trump’s coming assault on universities (Matthew Sheffield, Theory of Change)

    Nils Gilman on Trump’s coming assault on universities (Matthew Sheffield, Theory of Change)

    The second term of Donald Trump has officially begun, but despite all the things he’s unveiled in the past several weeks, we don’t know fully what his policies are going to be over the next four years. 

    That is in part because Trump himself is a very erratic figure who says things that are nonsensical, even by his own standards. And also because while there are documents such as Project 2025 which were created by Trump’s ideological allies in the reactionary movement, that document itself is not particularly detailed in a number of ways.

    But one thing we can be sure is going to happen in the second Trump administration is that he will conduct a full-scale assault on America’s colleges and universities. As a candidate, he did promise to create taxes on private university endowments. And he also talked about removing the funding for universities that don’t bow to his various censorship demands.

    Unlike a number of other Trumpian boasts and threats, he is very likely to follow through on these ones because Republicans in a number of states and localities have enacted many of the policies that Trump has talked about doing on the campaign trail.

    Joining me today to talk about all this is Nils Gilman, a friend of the show who is the chief operating officer at the Berggruen Institute, a think tank in Southern California that publishes Noema Magazine. He is also the former associate chancellor at the University of California, Berkeley, where he saw first-hand just what the [00:02:00] Republican vision for education in the United States is. He’s also the co-author of a new book called Children of a Modest Star, which we discuss at the end of the episode.
       

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  • Fairness and protection for students is coming – but not for those that need it now

    Fairness and protection for students is coming – but not for those that need it now

    As well as a new condition of registration on governance (covered elsewhere on the site by my colleague David Kernohan), the Office for Students (OfS) has announced a new approach focussed on providers “treating students fairly”.

    There will be a new condition of registration – replacing existing ones on consumer protection guidance and student protection plans – aimed at institutions providing students with clear, easy to access information about what will happen if changes are made to their course, and fair processes for refunds and compensation and complaints.

    Broadly, OfS will shift from expecting providers to pay “due regard” to guidance from the Competition and Markets Authority towards itself making judgements – both about compliance with consumer law, and some of its own higher standards for fairness.

    It says that students have told the regulator that they want to receive a high quality education that reflects their financial investment and the experience they were promised, and that they want to be treated fairly – but that while many students do not explicitly refer to their experiences as consumers, words such as “fairness” and “honesty” are often used when they describe specific experiences and promises that have not been met.

    As cuts continue across the sector, a heavy focus on financial sustainability both inside providers and the regulator almost certainly means an enhanced risk that students will feel unfairly treated when their courses or wider experiences shoulder the burden of savings reductions. Often those feelings will be legally justified.

    But the jaw-to-the-floor astonishing thing – given OfS’ positioning as a risk-based regulator – is that none of the new proposals in this area will apply to currently regulated providers:

    We recognise that proposing to strengthen protections and ensure consistency of information for students of providers registered under [new] proposed initial condition C5 would mean that different arrangements would be in place for different groups of students, depending on when their provider was registered.

    Changes to ongoing regulatory requirements for registered providers are not within the scope of the current consultation. However our ultimate aim is to strengthen protections and ensure consistency of information for all students at all OfS-registered providers. In doing so, we would aim to align ongoing requirements for all registered providers, and we therefore envisage that having different requirements for different providers would be an interim position.

    Proposals to achieve this alignment, and to ensure that all students are treated fairly on an ongoing basis, would form part of a future consultation on ongoing requirements for currently registered providers.

    That’s right – well over five years since the bones of its new approach were set out in a paper to its board, in a context where the risks to students in this space have intensified significantly, better protecting students inside providers already on the register is parked as an “ultimate aim” with an unspecified date. And so for some, what follows below shifts from “need to get across” to “of mild passing interest for the time being”.

    Doing so much harm, doing so much damage

    The main thrust of the new approach to “fairness” – telegraphed by Director for Fair Access and Participation John Blake last summer – has a couple of key components.

    First, rather than relying on the Competition and Markets Authority, or the courts, or National Trading Standards to take action or make a judgement over an issue, it’s taking that in-house.

    And to go alongside that, it’s taking existing legislation – mainly consumer protection law, but there’s other bits too – and adding to it to form a new mega-definition of what it considers to represent “fairness”, partly to address the cat-nip nature of the “consumer” nomenclature.

    As well as the engagement feedback it’s had from students, it’s doing this based on experience. Examples it has seen include omitting material information, like additional course costs or registration fees, leading students to make uninformed decisions.

    It says it’s come across providers withdrawing offers after acceptance due to over- or under-subscription, leaving students unable to secure alternative options and stuck with financial commitments like accommodation. It has also come across – and referred to trading standards – like contractual terms that limit providers’ obligations during staff industrial disputes that may prevent students from receiving adequate teaching or compensation.

    It’s also seen issues involving complaints processes that impose unreasonable barriers, like short submission windows, which hinder students from seeking redress and compensation.

    And it’s picked up on false or misleading advertising, including claims about financial aid, course accreditation, or a provider’s status as a university, that may mislead students into pursuing programs that fail to deliver expected outcomes – where as a result, students may complete courses only to find that their certificates lack the value or recognition they anticipated.

    One might ask, if it’s seen all of that in its current crop of registered providers, why it’s consulting on souping up its regulation only in newly registered providers for the time being.

    But you don’t wanna get involved

    But on the assumption (which, from experience, is a dangerous one) it gets there in the end, it’s worth looking at what it’s proposing in detail.

    First thing on fairness. Currently, providers have to demonstrate compliance with consumer protection law when they apply to be on the register – but are not required to show how they more broadly ensure “fair treatment” of students.

    This, it says, can result in situations where providers meet regulatory conditions but still have unfair policies or terms affecting students. So the proposed changes aim to better protect students by ensuring that providers’ policies and practices are fair and safeguard consumer interests consistently – avoiding a situation where students end up having to legally challenge unfair terms, and moving towards an approach of requiring providers to act fairly from the outset.

    In that lovely OfS way, it will then assess whether a provider treats students fairly through a requirement that identifies when a provider does not treat students fairly. The old “I don’t know what a seminar is, but a 100 people in a room isn’t one” is the vibe here.

    A bunch of negative behaviours will be set out, and assessments will evaluate whether providers meet the condition by identifying the presence or absence of those negative behaviours – a “streamlined process” that it says will result in a clear “satisfied” or “not satisfied” outcome.

    The specifics of that run like this. If actions (or omissions) either fall within one or more descriptions, which it proposes to set out in a separate “OfS prohibited behaviours list”, or give rise to a likelihood of detriment or actual detriment to the student (except where reasonable in all the relevant circumstances), then the application gets the big red “unfair” stamp.

    The definition of unfair treatment it’s proposing draws on consumer protection law and CMA guidance, which it says are already familiar to higher education providers (notwithstanding that a whole chunk of it is changing, which I looked at earlier on the site here). The key bit is that OfS is aiming to offer an additional layer of protection beyond editing legal requirements – the proposed list of negative behaviours is not confined to those explicitly prohibited by law.

    And for consumer law fans, contract terms that may be regarded as unfair according to the Consumer Rights Act 2015 (the so-called “grey list”) will always be unfair in OfS-world – particularly over changes to courses, refund and compensation policies and contract terms and conditions:

    We are proposing to consider documents beyond those that may ordinarily have contractual effect and the condition therefore has a wider scope than consumer protection law. Our initial view is that this is appropriate because students may rely on a wider range of documents in practice.

    Some will regard that as overreach – others will feel reassured that the square peg/round hold of applying consumer law to the relationship between student and university will be properly addressed.

    The other thing in here for consumer law detail fans is that the draft condition proposes that a provider would not be regarded as treating a student fairly if, in OfS’s reasonable opinion, its actions or omissions (including those that are proposed or likely) give rise to a likelihood of detriment or actual detriment to the student.

    That’s odd because, as I explained on the site a few days ago, consumer law and the way the CMA is proposing to apply it is moving away from a “detriment test” and towards banning some behaviours regardless.

    And excuses will be available – whether it is reasonable to argue that the course of action proposed or taken is, or was, necessary in the circumstances; whether those circumstances are, or were, in the control of the provider; and whether the provider is doing, or has done, everything possible to limit the extent of any detriment. That opens up all sorts of “what ifs” – including those on “but we were about to collapse and you told us not to collapse” – that OfS officials will doubtless be fielding on webinars in the coming weeks.

    One curious aspect of the proposal – at least as it’s set out here – concerns the difference between an “initial” condition and an “ongoing” condition of registration. OfS is proposing new C5 on fairness explicitly here as an “initial” condition – so it’s principally proposing to look at a bunch of documents and policies before it lets a provider onto the register.

    Of course not only can those policies change, it’s often the way they’re implemented (or not) and interpreter that matters more – the consultation is oddly silent on whether new C5 will also become an ongoing condition of registration that OfS could intervene on later.

    In fact it feels like OfS is under pressure to get registrations going again, isn’t quite ready on this fairness stuff, and so has half slipped it into an announcement on new registrations for the time being.

    I know you wanna live yourself

    This being OfS, you actually have to fish your way to page 72 of the consultation document at Annex D to see what it’s proposing as prohibited behaviours – and it’s in seven sections, covering key documents, descriptions relating to conduct and omissions, the clarity and legibility of key documents and other information for students, policies on changes to courses, complaints processes, refund and compensation policies and fake reviews.

    The first of those picks up much of the casework that it’s been referring to National Trading Standards – clauses that deny students the ability to offset payments due to provider failures, clauses that allow providers to withdraw offers at their discretion, particularly due to oversubscription, penalties for withdrawing or unmet obligations, and those that give universities the ability to terminate contracts or define terms at will.

    There’s also stuff on contracts that limit students’ access to legal recourse or impose restrictive dispute resolution processes, those that allow providers to transfer their obligations to other entities without student consent, and ones that allow a provider to determine whether the services supplied conform with the contract.

    In the actions and omissions bit, there’s claiming OfS registration or the right to use the term “university” without permission; offering degrees without appropriate authority or contracts; falsely asserting validation, accreditation, or endorsement by another body; displaying unauthorised logos, trust marks, or quality marks; and making definitive claims about future registration, university status, or authorisations that have not been granted.

    Pleasing to these eyes at least is also advertising or promoting courses, services, or facilities without disclosing reasonable doubts about the provider’s ability to deliver them; intending not to deliver what was advertised and/or planning to provide an alternative, and applying pressure to force immediate decisions, such as falsely claiming that an offer or its terms are available for a limited time only, depriving students of the opportunity to make an informed choice.

    There’s also communicating with prospective students in a non-English language without disclosing that services will be provided in English (!), presenting legal rights as unique features of the provider (!!) and using paid media content to promote services without clearly identifying it as advertising (!!!). It all goes on.

    In fact this list gets better as you move down it. Publishing false or inaccurate information about market conditions or competitors to induce students to sign contracts, offering prizes or rewards without delivering them or without disclosing associated costs, and falsely describing services as free when hidden costs exist are in there too – as well as making persistent, unwanted contact with applicants or students through various communication channels – defined partly in reference to harassment legislation.

    Maybe you work in a provider where you assume that the further down that list you get, the less likely it is that any of that happens. If you’re paying agents – either domestically or internationally – I can pretty much assure you that there’s a real iceberg below that tip.

    Clarity and legibility covers off documents that are hard to read or use unclear language, or fail to specify how they apply to different time periods or categories of students. Complaints unfairness includes strict time limits, no clear contact point, a lack of clear and reasonable timescales, and the one derisory mention of the Office of the Independent Adjudicator’s complaints scheme.

    And the section on changes hedges its bets a bit – there has to be clear stuff on the circumstances where changes may occur (like alterations to course content, qualifications, mode of study, teaching location, and fees), measures to address the needs of specific student groups, such as those with accessibility needs, and those policies must ensure that all students are treated fairly if such changes are implemented. Examples of where providers reserve too much of a right to make changes after the fact (“but all of those optional modules that you chose here for were not material”, and so on) are missing in action.

    Oh – and refund and compensation policies have to clearly outline the circumstances under which students are entitled to refunds or compensation (along with the methods used to calculate both!), and picking up some of that DMCC 2024 stuff, fake reviews are called out too – which include falsely claiming authorship by a student, concealing incentives provided for reviews, manipulating reviews by hiding or removing negative ones, and not taking reasonable steps to prevent or remove fake reviews.

    But could you forgive yourself

    Some other aspects of note. OfS expects all providers to comply with the law and as a starter any provider found not to have done so gets that “not fair” stamp. That includes consumer protection law, the Education Reform Act 1988 (unrecognised degrees), the Companies Act 2006 (failure to comply with a Secretary of State direction to change a company name, or a name giving misleading indication of activities).

    It’s also chucking in the Protection from Harassment Act 1997 to address circumstances where a provider imposes academic sanctions for non-payment of non-tuition fee debts, the thing that originally led the then Office for Fair Trading to start thinking about the way consumer law applied to students in the first place in the last decade.

    Of particular interest is scope. It covers relationships with current, prospective, and former students – the first and third of that list theoretically pick up rights that they often don’t have now. It obviously applies to all modes and levels of study, including online, face-to-face, or hybrid delivery. It naturally extends to providers operating through partnerships or intending to do so. But it also includes ancillary services and the provision of student information – including marketing and advertising.

    Ancillary services are defined here as services provided between a provider and a student as part of their higher education experience, including library services, disability support, scholarships, accommodation, and sports facilities:

    These services can influence a student’s decision on where to study and their overall higher education experience. Unclear or inaccurate information about these services may affect a student’s choice of provider or course, while unclear or unfair terms of service may negatively impact their experience.

    This is very good news for students who, from experience, are often told that stuff on or adjacent to that list can be cut because it’s not “part of the contract” or “on the CMA material information list” (it’s in the footnotes, actually). It should make it much harder to slash that intercampus bus, or cut 24 hour libraries down to 12.

    I stand in front of you

    What’s that you say? What happens to student protection plans? I’ve written extensively on the failure of that regime on the site before, suffice to say that the Higher Education and Research Act still mentions them, and OfS’ way around that is to argue that Condition C4, introduced in 2021, allows it to issue student protection directions if there is a material risk of a provider ceasing higher education provision – so C3 (have an SPP) is being deleted, and instead the suite of documents it will look at in pursuit of all of the above will, in effect, constitute a provider’s student protection plan.

    This makes lots of sense – SPPs were inconsistent, protections were assessed on OfS’ judgement of provider risk rather than the granularity pockets of students face in a large provider, and in theory means consistency from their point of view.

    So the silly SPP “risk assessment” goes – the one that right now probably says your university is swimming in cash as it announces a round of redundancies – and instead all of the above will have to appear on a single webpage to allow a “one stop shop” for students.

    You might also wonder where that strategy proposal has gone – the one that Jo Johnson proposed before OfS was born, and the one that Gavin Williamson proposed too – a “model contract” that sets out students’ rights and obligations, alongside the obligations of providers. It’s being parked for now as a potential addition:

    We may therefore explore development work in this area through further discussion and engagement with the sector, outside the current consultation process and alongside, rather than instead of, the introduction of a new initial condition of registration.

    On reflection, one glaring omission in here concerns what a provider can and can’t do when it comes to fee increases for continuing students – a cynic might argue that that’s controversial enough right now without OfS wading in and… protecting students. But given Ofcom has now banned in-contract price increases altogether, it does look like a huge hole.

    The other thing I’m surprised to see missing is the protection aspects of progression. There are plenty of providers that advertise a “BA in Wonkhe studies with an integrated foundation year” which technically and internally consists of an FY and a degree course – where the closure of the degree course seems to not trigger the same protections for those left high and dry as a second or third year disappearing. See also students who were “sold” a UG on the basis of progression to a vital PGT qualification.

    It’s also disappointing to see little mention of the sort of pressure that students can be under to make what the CMA, in its draft guidance on the DMCC, would call a “transactional decision” like agreeing to a (contract) variation. CMA’s definition of consumer vulnerability and its insistence than in practice, offering students the chance to exit a contract if they’re not happy with changes is not one most can make is a huge issue across the sector right now – and both is and will be a big driver of those “dishonesty” and “unfairness” perceptions that OfS leads the consultation off with. The lack of mention of the issues in the ongoing Student Group Claim – especially when OfS was pontificating about those issues during Covid – is wild.

    The single mention of the Office of the Independent Adjudicator (OIA) is also one to ponder on – partly because it’s the OIA that has tended to take the lead on judging (conceptually at least) fairness for students. Even if we set aside the politics, it won’t help for two sets of guidance to be floating around on what “fairness” means in practice – and students surely deserve these two grown-ups getting in a room to reconcile their advice on rights.

    One other thing that continues to vex me about the proposals and the approach is the obsession with OfS’ powers over student power. Some of this sort of stuff is about providers doing the right thing – but so much of it is about students understanding their rights, so that when someone says “well all those optional modules aren’t contractual”, they can put up a fight.

    It really wouldn’t be hard for OfS to write in something similar to that which we saw in Poland recently – where it’s the law that SUs are given the support to tell students about their rights (and responsibilities) in a way that barely goes near the catnip of consumerism. Beyond the wording of policies, some students are going to be treated unfairly sometimes – steps that ensure they know it beyond a feeling are surely a precursor to effective regulation. It’s hard to ever accept OfS announcements about student focus or student empowerment without that shift in approach that other regulators seem to understand.

    As such, the framing of it all is a bit odd given, as I say, this is being proposed as an initial rather than an ongoing condition of registration at this stage – sat within this need to announce what it’s doing about a growing backlog of applications. Some of the wording only really makes sense in terms of what providers do in practice, not what some PDF says on a website. We’re left assuming that what’s in here will, at some later date, apply beyond the day OfS says yes or no to a new provider – but even critiquing that appears to be outside of the scope of the consultation.

    It’s certainly interesting for OfS to be consulting providers, SUs and students and students on stuff that won’t apply to most of them, but might, in a slightly different way, apply them at an unspecified future time.

    Overall, this looks like great news for students – finally, an education regulator properly thinking through the ways in which students are treated unfairly. But to return to the astonishing aspect of all of this – what is being proposed here is one set of rights for students in a new(ly registering) provider, and another set of much weaker ones for everyone else, all in the name of “fairness”, at just the point that providers are under pressure to not deliver on some of the promises they made to students.

    The lack of justification or explanation for that is alarming – and while I often do my best to not speculate or attribute motive, it would be hard for students braving a read of this to conclude anything other than OfS has resolved that the financial sustainability horse needs to have fully bolted before the regulatory framework stable door is closed in their interests.

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  • Another way of thinking about the national assessment of people, culture, and environment

    Another way of thinking about the national assessment of people, culture, and environment

    There is a multi-directional relationship between research culture and research assessment.

    Poor research assessment can lead to poor research cultures. The Wellcome Trust survey in 2020 made this very clear.

    Assessing the wrong things (such as a narrow focus on publication indicators), or the right things in the wrong way (such as societal impact rankings based on bibliometrics) is having a catalogue of negative effects on the scholarly enterprise.

    Assessing the assessment

    In a similar way, too much research assessment can also lead to poor research cultures. Researchers are one of the most heavily assessed professions in the world. They are assessed for promotion, recruitment, probation, appraisal, tenure, grant proposals, fellowships, and output peer review. Their lives and work are constantly under scrutiny, creating competitive and high-stress environments.

    But there is also a logic (Campbell’s Law) that tells us that if we assess research culture it can lead to greater investment into improving it. And it is this logic that the UK Joint HE funding bodies have drawn on in their drive to increase the weighting given to the assessment of People, Culture & Environment in REF 2029. This makes perfect sense: given the evidence that positive and healthy research cultures are a thriving element of Research Excellence, it would be remiss of any Research Excellence Framework not to attempt to assess, and therefore incentivise them.

    The challenge we have comes back to my first two points. Even assessing the right things, but in the wrong way, can be counterproductive, as may increasing the volume of assessment. Given research culture is such a multi-faceted concept, the worry is that the assessment job will become so huge that it quickly becomes burdensome, thus having a negative impact on those research cultures we want to improve.

    It ain’t what you do, it’s the way that you do it

    Just as research culture is not so much about the research that you do but the way that you do it, so research culture assessment should concern itself not so much with the outcomes of that assessment but with the way the assessment takes place.

    This is really important to get right.

    I’ve argued before that research culture is a hygiene factor. Most dimensions of culture relate to standards that it’s critically important we all get right: enabling open research, dealing with misconduct, building community, supporting collaboration, and giving researchers the time to actually do research. These aren’t things for which we should offer gold stars but basic thresholds we all should meet. And to my mind they should be assessed as such.

    Indeed this is exactly how the REF assessed open research in 2021 (and will do so again in 2029). They set an expectation that 95 per cent of qualifying outputs should be open access, and if you failed to hit the threshold, excess closed outputs were simply unclassified. End of. There were no GPAs for open access.

    In the tender for the PCE indicator project, the nature of research culture as a hygiene factor was recognised by proposing “barrier to entry” measures. The expectation seemed to be that for some research culture elements institutions would be expected to meet a certain threshold, and if they failed they would be ineligible to even submit to REF.

    Better use of codes of practice

    This proposal did not make it into the current PCE assessment pilot. However, the REF already has a “barrier to entry” mechanism, of course, which is the completion of an acceptable REF Code of Practice (CoP).

    An institution’s REF CoP is about how they propose to deliver their REF, not how they deliver their research (although there are obvious crossovers). And REF have distinguished between the two in their latest CoP Policy module governing the writing of these codes.

    But given that REF Codes of Practice are now supposed to be ongoing, living documents, I don’t see why they shouldn’t take the form of more research-focussed (rather than REF-focussed) codes. It certainly wouldn’t harm research culture if all research performing organisations had a thorough research code of practice (most do of course) and one that covers a uniform range of topics that we all agree are critical to good research culture. This could be a step beyond the current Terms & Conditions associated with QR funding in England. And it would be a means of incentivising positive research cultures without ‘grading’ them. With your REF CoP, it’s pass or fail. And if you don’t pass first time, you get another attempt.

    Enhanced use of culture and environment data

    The other way of assessing culture to incentivise behaviours without it leading to any particular rating or ranking is to simply start collecting & surfacing data on things we care about. For example, the requirement to share gender pay gap data and to report misconduct cases, has focussed institutional minds on those things without there being any associated assessment mechanism. If you check out the Higher Education Statistics Agency (HESA) data on proportion of male:female professors, in most UK institutions you can see the ratio heading in the right direction year on year. This is the power of sharing data, even when there’s no gold or glory on offer for doing so.

    And of course, the REF already has a mechanism to share data to inform, but not directly make an assessment, in the form of ’Environment Data’. In REF 2021, Section 4 of an institution’s submission was essentially completed for them by the REF team by extracting from the HESA data, the number of doctoral degrees awarded (4a) and the volume of research income (4b); and from the Research Councils, the volume of research income in kind (4c).

    This data was provided to add context to environment assessments, but not to replace them. And it would seem entirely sensible to me that we identify a range of additional data – such as the gender & ethnicity of research-performing staff groups at various grades – to better contextualise the assessment of PCE, and to get matters other than the volume of research funding up the agendas of senior university committees.

    Context-sensitive research culture assessment

    That is not to say that Codes of Practice and data sharing should be the only means of incentivising research culture of course. Culture was a significant element of REF Environment statements in 2021, and we shouldn’t row back on it now. Indeed, given that healthy research cultures are an integral part of research excellence, it would be remiss not to allocate some credit to those who do this well.

    Of course there are significant challenges to making such assessments robust and fair in the current climate. The first of these is the complex nature of research culture – and the fact that no framework is going to cover every aspect that might matter to individual institutions. Placing boundaries around what counts as research culture could mean institutions cease working on agendas that are important to them, because they ostensibly don’t matter to REF.

    The second challenge is the severe and uncertain financial constraints currently faced by the majority of UK HEIs. Making the case for a happy and collaborative workforce when half are facing redundancy is a tough ask. A related issue here is the hugely varying levels of research (culture) capital across the sector as I’ve argued before. Those in receipt of a £1 million ‘Enhancing Research Culture’ fund from Research England, are likely to make a much better showing than those doing research culture on a shoe-string.

    The third is that we are already half-way through this assessment period and we’re only expected to get the final guidance in 2026 – two years prior to submission. And given the financial challenges outlined above, this is going to make this new element of our submission especially difficult. It was partly for this reason that some early work to consider the assessment of research culture was clear that this should celebrate the ‘journey travelled’, rather than a ‘destination achieved’.

    For this reason, to my mind, the only thing we can reasonably expect all HEIs to do right now with regards to research culture is to:

    • Identify the strengths and challenges inherent within your existing research culture;
    • Develop a strategy and action plan(s) by which to celebrate those strengths and address those challenges;
    • Agree a set of measures by which to monitor your progress against your research culture ambitions. These could be inspired by some of the suggestions resulting from the Vitae & Technopolis PCE workshops & Pilot exercise;
    • Describe your progress against those ambitions and measures. This could be demonstrated both qualitatively and quantitatively, through data and narratives.

    Once again, there is an existing REF assessment mechanism open to us here, and that is the use of the case study. We assess research impact by effectively asking HEIs to tell us their best stories – I don’t see why we shouldn’t make the same ask of PCE, at least for this REF.

    Stepping stone REF

    The UK joint funding bodies have made a bold and sector-leading move to focus research performing organisations’ attention on the people and cultures that make for world-leading research endeavours through the mechanism of assessment. Given the challenges we face as a society, ensuring we attract, train, and retain high quality research talent is critical to our success. However, the assessment of research culture has the power both to make things better or worse: to incentivise positive research cultures or to increase burdensome and competitive cultures that don’t tackle all the issues that really matter to institutions.

    To my mind, given the broad range of topics that are being worked on by institutions in the name of improving research culture, and where we are in the REF cycle, and the financial constraints facing the sector, we might benefit from a shift in the mechanisms proposed to assess research culture in 2029 and to see this as a stepping stone REF.

    Making better use of existing mechanisms such as a Codes of Practice and Environment and Culture data would assess the “hygiene factor” elements of culture without unhelpfully associating any star ratings to them. Ratings should be better applied to the efforts taken by institutions to understand, plan, monitor, and demonstrate progress against their own, mission-driven research culture ambitions. This is where the real work is and where real differentiations between institutions can be made, when contextually assessed. Then, in 2036, when we can hope that the sector will be in a financially more stable place, and with ten years of research culture improvement time behind us, we can assess institutions against their own ambitions, as to whether they are starting to move the dial on this important work.

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  • When OfS reopens its register, there will be implications for everyone else

    When OfS reopens its register, there will be implications for everyone else

    The process may be paused right now, but if you are thinking of registering with the Office for Students (by choice, or following the requirement for larger franchise providers to get on board) the game is changing.

    The Office for Students has issued a consultation on two new initial conditions of registration.

    Interested parties have until 23 April to offer feedback, with the overwhelming majority of conditions due to come into force from August – at the point where OfS is planning to resume registration activity following the current pause.

    This will have a particular impact on providers who are currently planning (or preparing to restart) submissions quashed when the pause started. Expectations and requirements will change – and while OfS hopes to primarily assess documents a provider will already have, these things do tend to be tailored to fit requirements.

    C5: Treating students fairly

    New condition C5 replaces C1 (consumer law) and C3 (protection plans) as initial conditions – an assessment will be based on identifying behaviours that constitute unfair treatment of students (there is a list) from documents providers already have.

    There are implications from that one that reach far beyond new applications to the register – Jim Dickinson has covered those in detail elsewhere on the site.

    E7: Effective governance

    This new initial condition replaces the current E1 (on public interest governance) and E2 (on management and governance), though those two remain as ongoing conditions. OfS offers a rationale:

    We are increasingly finding that newly established providers (with less experience of delivering higher education) are less sure about what is required in terms of the self-assessment we ask for at registration. This leads to inefficiencies in the assessment.

    Providers have been engaged in substantial back-and-forth conversations with OfS about what is expected during registration. The regulator has noted that people are describing existing documents where it would be quicker to submit them, and has spotted that what is submitted can often be poorly written and excessively tailored to paint a rosy (and hopefully successful) picture.

    Some applicants have been borrowing and adapting plans and documentation from other providers that are inapplicable (a small, single subject, provider using processes developed for a traditional, multi-faculty, university) – in part because of perceived expectations that newly established providers need to have the same range of processes and policies.

    So the self-assessment aspect will go – the plan is that providers should submit actual governance documents, a five year action plan, and other bits on the knowledge and experience of those involved.

    One surprising shift is that there will no longer be an explicit test of “public interest governance” (the Nolan principles and suchlike) in the registration process. OfS reckon that the strengths of the rest of these new requirements, plus the continued inclusion in ongoing condition E1, makes up for this.

    Ditto the absence of the (largely toothless) student protection plan – the line being that this should be visible to students via the documentation provided, which is a win for all those applicants who read governance documentation before they decide where to apply. See Jim’s piece for more detail.

    Documentation

    So what would you now need to submit:

    • The governing body’s terms of reference (or similar), which would cover purpose, membership, appointment procedures, responsibilities, decision-making procedures, meeting frequency and the arrangements for reviewing effectiveness
    • Establishing documents – like a Royal Charter or articles of association
    • A scheme of delegation (or anything else useful) about who makes decisions and how
    • Documentation pertaining to risk and audit – the operations of the committee responsible is given as one example
    • A policy on conflict of interest

    These are, to be clear, governance documents, not detailed operational arrangements – although of course such policies would need to be operationalised for ongoing conditions E1 and E2.

    In assessing these documents, OfS intends to look at the “appropriateness of arrangements”, bearing in mind a provider’s size, complexity, context, and business plan.

    Oh yeah, you need a five year business plan too. The regulator hasn’t been impressed with what has been seen so far.

    Some providers applying for registration have not been able to demonstrate that they have sufficient understanding of how the higher education sector operates. This can result in a provider making unrealistic assumptions in its planning, such as overestimating its ability to recruit students in a competitive market, which can pose risks to the ongoing viability of the provider and cause associated harm to students.

    Part of being sufficiently equipped to deliver higher education is preparing to meet the relevant regulatory requirements. We have encountered issues where newly registered providers were not sufficiently aware of the regulatory framework and so did not have robust plans in place to meet ongoing requirements

    And there’s a telling indication that problems multiply pretty quickly when the plans get hit with a dose of operational reality.

    Where a provider does not have robust plans in place, it may encounter financial challenges after registration. Providers have at times taken steps to address this without fully considering the risk of doing so, for example:

    a. Rapidly entering into new partnership arrangements because of the unexpected withdrawal of a current partner without having the governance and management processes needed to manage this change properly.

    b. Employing financially incentivised external recruitment agents to meet recruitment targets that are too ambitious.

    c. Taking out additional unplanned borrowing to fund unanticipated expenditure.

    All of these behaviours can result in negative consequences for students and taxpayers

    Being objective

    Who could possibly have foreseen, eh? Going forward OfS would like business plans to be comprehensive and clearly written – and demonstrate an understanding of the sector, of managing risks, and of the conditions of registration.

    It’s all standard stuff (objectives and targets and how to achieve them, risks and how to manage them, regulatory compliance) over a challengingly long five-year period. OfS’ assessment will not be based on the targets themselves, but whether the provider can deliver these in practice given their resources and prevailing sector conditions. As an overriding primary consideration the plans need to focus on the interests of students.

    There’s no expectation that there will be an assessment of the objectives in and of themselves (or whether they are a proper thing for the provider to pursue), and OfS would not endorse these objectives – it’s more a matter of understanding a provider’s chosen approach in looking at the plans it has to deliver. A neat distinction.

    People who need people

    So who will be delivering these plans? The new condition would set out key knowledge and expertise for the chair of the governing body, accountable officer, and where applicable, the person with overarching responsibility for financial management and an independent member of the governing body. There’s a sensible sounding list on pages 30-33, but the big shocker is that these would be assessed via an interview with OfS officers!

    Yes, you read that right: 30 to 60 minutes based on key questions allowing said knowledge and experience to be demonstrated. On one level it feels sensible to talk to the people involved as a way of establishing the credibility of plans, but the feeling that OfS is appointing (or approving the appointment of) your chief financial officer is a hard one to shake.

    In contrast the “fit and proper persons” test is pretty much as expected, with additional requirements to supply new information (if you are disqualified as a director or trustee, or declared bankrupt) during the course of the application process. This is a welcome admission that these processes can take a long time to work through.

    You’ve probably spotted that OfS and government are now very focused on fraud in the sector – and assessment of arrangements to prevent fraud will focus on an institution’s track record where it has already been delivering higher education as part of a franchise or partnership arrangement.

    Other requirements for registration applications

    Got all that? Well strap in, there’s more.

    There’s the new C5, the new E7, and OfS intends to beef up their financial information requirements from August 2025 too.

    Financial viability and sustainability is currently assessed via initial condition D – providers already submit full, audited, financial statements for up to three years alongside four years of forecasts and a commentary on these. OfS has noted that new registrants tend to defer their first year of recruitment (setting up a HE provider is hard!) and substantially under recruit when they do – with current financial and recruitment pressures this isn’t going to improve any time soon.

    The new requirement is an addition to the template, which allows a provider to model financial viability against different yet plausible scenarios: zero growth over four years and 40 per cent below forecast followed by three years of zero growth for those currently delivering HE – zero growth followed by 80 per cent below forecast for the next three years for those entirely new to the sector.

    These aren’t set in stone – OfS reserves the right to tweak them based on emerging sector issues. And we may also get an alternative for providers whether the business model is not predominantly balanced on higher education provision.

    The commentary to this new table would let the provider set out mitigations, or provide evidence that these scenarios are unrealistic. But even so, there is a risk here that condition D becomes the hard one to pass – OfS reckon this is fair enough given short– and medium– term challenges to the sector. Although one cannot help but think of the many existing registered providers that would not pass these tests.

    By OfS request

    There’s another welcome recognition that applying for registration takes ages in the requirement for a provider to submit updated finances, student numbers, and commentary in the late stages of application by OfS request. While this makes sense in that the regulator isn’t relying on year-old (and the rest…) numbers this is a hard sell for those prospective registrants now expecting to submit similar data twice – although it could be argued that this gets them used to regular submissions while registered.

    Likewise, if the financial year turns over during the registration process you’ll need to put an extra batch of audited financial statements in for that year.

    And, wonderfully, OfS wants an ownership and corporate structure diagram too – it’s been finding some structures “complex”, poor thing.

    If your provider is or has been under investigation by another regulator – or awarding organisation, professional body, funding body, statutory body, and so forth – you’d better believe that OfS wants to know about that up front too. Apparently it keeps finding out about such things midway through the assessment process – and it does tend to be relevant, even if it is not an automatic fail.

    The rules are for the 60 months proceeding application, any investigation that closed or opened during the application period is something OfS wants to know about: a brief description, the responsible body, the dates, and the findings and/or outcomes.

    And if you are looking forward to the exciting world of “reportable events”, something similar now applies during registration. If stuff happens (there’s a long and familiar list on page 42) then you’d best drop OfS a note within 28 days.

    Finally, from January 2026 you won’t be able to reapply within 18 months of an unsuccessful registration application. This “double jeopardy” rule is a new one, and it looks like it is aimed at ensuring that OfS capacity is not clogged with resubmissions of poor quality applications where identified weaknesses are not addressed. We learn that 40 per cent of applications don’t comply with the existing guidance.

    There is the possibility of individual exemptions from this rule, for example where there have been IIT problems or where information that was not available for reasons outside of the provider’s control is now available.

    How this will be done

    The changes to application requirements were done via the same “manner of application” loophole – section 3(5) of HERA – that was used to pause the registration process. It is, as we said at the time, a reach in terms of legislative interpretation but it is difficult to argue against many of the principles here.

    It is regrettable that the same group of providers that have been forced to delay or resubmit applications due to the pause will now have to do considerable extra work to get these into the new format.

    While the principle of assessing existing documents rather than new ones is a good one, the reality of this is not as neat as regulators sometimes think. For an expected influx of new registrations – the franchise thing, and whatever ends up happening with the lifelong learning entitlement is expected to flush out at least a few – it makes sense to have all this in order. But there are always winners and losers with these things, and the losers have lost several times in a row here.

    The only other disappointment is probably that these new approaches will apply only to new registrations – there’s clearly a lot of benefit to similar approaches (especially for C5 and the financial requirements) to be extended to existing registered providers, and it is likely that there is more to come on that front.

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  • ‘Betraying an entire generation of students’? What do Trump University and Matt Goodwin’s excoriating new book tell us about universities today?

    ‘Betraying an entire generation of students’? What do Trump University and Matt Goodwin’s excoriating new book tell us about universities today?

    Browsing in a good bookshop sure beats scouring the internet for things to read. And when I was recently in my local independent bookshop (the Book House in Thame since you ask), I stumbled across a new biography of Donald Trump focusing on his pre-politics business career. Seeing that the book, Lucky Loser: How Donald Trump squandered his father’s fortune and created the illusion of success by Russ Buettner and Susanne Craig, included a section on Trump University, I snapped it up.

    Every leader’s weaknesses are clear before they rise to power if you look in the right places. We knew Gordon Brown’s seriousness could merge into tantrums long before the revelations about throwing phones at staff came to light, and we knew Boris Johnson’s joie de vivre hampered an eye for detail long before he caught the ball ‘from the back of the scrum’ and entered Number 10. If Nigel Farage ever makes it to the top job, as ever more people seem to be predicting, no one will be able to claim his destructive approach to politics was previously hidden.

    Similarly, this new biography of Trump written by two New York Times journalists proves the US President’s weaknesses were evident beneath the bluster throughout his long business career in hotels, casinos and golf courses. If the authors are right, Trump has long been prone to taking big risks on a hunch, to acting litigiously and to seeking credit for things that aren’t his doing. The title suggests he was a Lucky Loser, though perhaps that is just an uncharitable way of saying he was a big winner against the odds.

    As a businessman, the book shows how Trump began lucky, with ‘the equivalent of half a billion dollars from his father’, and ended lucky, with ‘another half billion as a reality television star’. These allowed him to take on huge debts, aided by paying as little tax as possible and reclaiming what tax he had paid whenever he could (as during Obama’s Great Recession recovery programme).

    Trump’s dollars from the TV show ‘The Apprentice’ came not so much from appearance fees as from his right to half the profits from any sponsorship deals and from lending his name to all sorts of businesses attracted by his TV success, from health supplements to early video phones. These enabled him to keep afloat. But there were many lows to Trump’s business career and a number of his big projects declared bankruptcy in the 1990s and 2000s, leading the two authors to conclude, ‘He would have been better off betting on the stock market than on himself.’

    If there’s one person responsible for Trump’s rise to the top, it is Mark Burnett, a British Falklands veteran who is now the United States Special Envoy to the UK. Burnett invented the TV programme ‘Survivor’ before creating an urban equivalent in The Apprentice (and later also creating ‘The Voice’). And if there’s one thing responsible for Trump’s rise it seems to be vanilla-and-mint Crest toothpaste as Proctor & Gamble were the first mass consumer company to do serious sponsorship of The Apprentice. They paid $1.1 million to get the contestants to come up with a new toothpaste, thereby drawing attention to the actual new vanilla-and-mint product sitting on shop shelves.

    Ostensibly, this all has little to do with higher education. But Trump University (also known as Trump U) is one of the most notable of all the current US President’s past projects and one of the ventures undertaken just before he stood for the Presidency for the first time. Trump not only lent his name to the project, he also invested millions of dollars in return for 93% of the business –like Victor Kiam, he liked it so much he bought the company. But the authors of this book conclude the whole thing was a disaster from start to finish.

    Beginning as a way to sell recorded lectures to small and medium-sized businesses, Trump University quickly moved into get-rich-quick in-person seminars. The Trump Elite Gold programme had a fee of $34,995 (about the same as the entire cost of a three-year degree in England or Wales). Prospective learners were told, ‘There are three groups of people … People who make things happen; people who wait for things to happen; and people who wonder, “What happened?”’ If you wanted to be in the first group, you were encouraged to open your wallet or else borrow the necessary fee.

    One failed applicant for The Apprentice, Stephen Gilpin, found himself tapped up to work for Trump U but later wrote an exposé that claimed, ‘the focus for Trump University was purely on separating suckers from their money.’ At the time, Trump said he hand-picked the instructors, but he did no such thing. The whole venture ended up in three major lawsuits, which were settled just as Trump became President for the first time.

    In the end, the story of Trump University confirms a truism: it is vital to protect the use of the term ‘University’ and to police it actively and in real time. The book serves as a reminder that – as Jo Johnson has argued persuasively on the HEPI blog – pausing new awards for University Title means the Office for Students is giving less attention to this area than it should.

    It is ironic that the global leader of right-wing populism should not only have sought to establish his own ‘University’ but that, having done so, it should embody in such exaggerated form all the negatives that populists tend to ascribe to traditional universities: poor value for money; an unoriginal curriculum taught by ill-trained staff; and insufficient personal attention to students. However, if a new book being published today attacking UK and US universities, Bad Education: Why our universities are broken and how we can fix them by Matt Goodwin, is any guide to populism more generally, then the failure of Trump U has not deterred the attacks on places that actually do have the legal right to call themselves a ‘University’.

    Goodwin starts with a chapter called ‘Why I decided to speak out’ though it could just have easily been called ‘The grass is always greener’ or ‘Looking back with rose-tinted spectacles’. The book’s core argument is that:

    the rapid expansion of the university bureaucracy, the sharp shift to the left among university academics and the politicization of the wider system of higher education have left universities in a perilous state.

    As a result, Goodwin argues, ‘our universities are not just letting down but betraying an entire generation of students.’

    He notes that, as the number of EDI (Equality, Diversity, and Inclusion) champions has gone up, some types of diversity, such as diversity in academic thought, have gone down. But Goodwin is a political scientist rather than a historian and the problems he identifies are not as new as he makes out. Far-left students used to disrupt Enoch Powell, Keith Joseph and Leon Brittan when they spoke on campus; now they try and block Helen Joyce, Kathleen Stock and Jo Phoenix. The issue of whether such individuals should be allowed to speak even if some people on campus will be ‘offended’ are the same. The recourse to legislation in response is the same too: the rows of the 1980s led to the Education (No. 2) Act (1986) and the rows of today led to the Higher Education (Freedom of Speech) Act (2023).

    Notably, Goodwin’s views seem to have changed even more over time than the institutions he criticises. Two decades ago, Goodwin was a progressive studying for a PhD under Professor Roger Eatwell, an expert in fascism and populism at the University of Bath, after which he moved to Manchester and Nottingham, where he worked with political scientists like Rob Ford and Philip Cowley, and thereafter to Kent. These days, Goodwin has not only given up his professorship but is found speaking at Reform UK meetings while accepting a job as a GB News presenter.

    And while Goodwin says his book has been 20 years in the making, it reads like it was 20 weeks in the writing. That is not meant to be rude for the piece is pacey, personal and polemical – and all the more readable for that. But while it is based in part on others’ research – including pieces of HEPI output – it generally draws from just one well: the place inhabited by Eric Kaufman, Jonathan Haidt and Niall Ferguson. The dust jacket includes endorsements from Douglas Murray, Claire Fox and Nigel Biggar among others.

    Goodwin’s pamphleteer-style of writing ensures his text has little in common with the meticulous research on recent university history by Mike Shattock or Roger Brown and Helen Carasso or Steve Jones (who will be writing his own review of the book for HEPI in due course). Nonetheless, whisper it quietly but – whether you like his general approach or not, whether you like his new acquaintances or not and whether you like his writing style or not – Matt Goodwin may have something of a point.

    Universities do not always welcome or reflect the full diversity of viewpoints in the way that perhaps they should, given their business is generating and imparting knowledge. It has been said many times before by others, so it is far from original, yet that doesn’t make it false. Goodwin quotes the US economist Thomas Sowell: ‘when you hear university academics talk about diversity, ask them how many conservatives are in their sociology department.’ It seems a fair question.

    But grappling with that is not easy. The best answer, Goodwin argues, is a muscular response. Rather than leaving it to the sector to resolve its own issues, he wants to see hard-nosed interventions from policymakers and regulators:

    only government action and new legislation, or pressure from outside universities, can change the incentive structures on campus. This means adopting a proactive rather than a passive strategy, making it clear that the individual freedom of scholars and students is, ultimately, more important than the freedom or autonomy of the university.

    At the very end, Goodwin even argues someone should ensure ‘all universities be regularly audited for academic freedom and free speech violations’, with fines for any that transgress. Yet that begs more questions than it answers: we don’t know who would do the audit or what the rules for it would be.

    So there is a paradox at the heart of Goodwin’s critique. He ascribes the problems he sees to flaws in the ‘system’ whereby the number of university administrators, institutions’ central bureaucracy and the pay of vice-chancellors have all increased rapidly. But such changes have often reflected:

    1. external influences, such as the increase in the regulation of education (in response to scandals of the Trump U variety);
    2. the need to have flattering statistics (such as to present to the Treasury in the battle for public resources); and
    3. recognition that the old ways of working are not going to root out inappropriate behaviours (for example, sexual harassment).

    Perhaps making universities more accountable to regulators and policymakers will make them bastions of free speech in the way Goodwin hopes, but might it not just clog up the lives of academics even more?

    Reprinted with permission of ANDREWS MCMEEL SYNDICATION. All rights reserved.

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  • Trump signs order banning trans athletes in women’s sports

    Trump signs order banning trans athletes in women’s sports

    President Donald Trump signed an executive order Wednesday banning transgender women from participating in women’s sports.

    “The war on women’s sports is over,” he said. “With my action this afternoon, we are putting every school receiving taxpayer dollars on notice that if you let men take over women’s sports teams or invade your locker rooms, you will be investigated for violations of Title IX and risk your federal funding.”

    The executive order, signed on National Girls and Women in Sports Day, declares that it’s “the policy of the United States to oppose male competitive participation in women’s sports more broadly, as a matter of safety, fairness, dignity, and truth.” Under the order, the assistant to the president for domestic policy will bring together representatives of “major athletic organizations and governing bodies, and female athletes harmed by such policies, to promote policies that are fair and safe, in the best interests of female athletes.”

    The president’s latest action builds on the GOP’s broader campaign to remove all recognition of transgender individuals from state and federal programs. On his first day in office, Trump signed a separate executive action declaring that there are only two sexes and banning federal funding for any program related to “gender ideology.” And House Republicans have passed a bill that would unilaterally ban trans women from competing in women’s sports. In nearly half of the country, trans women are banned from playing women’s sports at the K-12 or higher education level, but the order would take those bans nationwide.

    Additionally, the order calls on the education secretary to prioritize “Title IX enforcement actions against educational institutions (including athletic associations composed of or governed by such institutions) that deny female students an equal opportunity to participate in sports and athletic events by requiring them, in the women’s category, to compete with or against or to appear unclothed before males.” (Federally funded K-12 public schools and colleges are required to comply with Title IX, which bars discrimination based on sex in educational settings.)

    Charlie Baker, president of the National Collegiate Athletic Association, told Congress recently that out of the more than 500,000 college athletes, fewer than 10 were transgender. The NCAA released a statement Wednesday that said, “The NCAA Board of Governors is reviewing the executive order and will take necessary steps to align NCAA policy in the coming days, subject to further guidance from the administration.”

    As Trump spoke Wednesday, girls and women—including former University of Kentucky swimmer and anti-trans advocate Riley Gaines—stood behind him, often clapping in support.

    After thanking them, the president turned back to face the rest of the East Room audience. He acknowledged the federal lawmakers, state attorneys general and governors in attendance, describing them as “friends of women’s sports.”

    “My administration will not stand by and watch men beat and batter women,” he said. “It’s going to end and nobody’s gonna be able to do a damn thing about it because when I speak [I] speak with authority.” (Trump was referring to an Olympic gold medal–winning Algerian boxer whom some accused of being transgender; the boxer has publicly said she was born a woman.)

    Fatima Goss Graves, president of the National Women’s Law Center, said in a statement that trans students do not pose a threat in sports and deserve the same opportunities as their peers.

    “The far-right’s disturbing obsession with controlling the bodies, hearts, and minds of our country’s youth harms all students,” Graves said.

    Education secretary nominee Linda McMahon attended the ceremony, though her confirmation hearing for the office has yet to be scheduled. In the meantime, the department is being led by a collection of acting officials and appointees, including Deputy General Counsel Candice Jackson, who described the president’s order as “a demonstration of common sense.”

    “The President affirmed that this administration will protect female athletes from the danger of competing against and the indignity of sharing private spaces with someone of the opposite sex,” Jackson said in a news release. “The Department of Education stands proudly with President Trump’s action as we prioritize Title IX enforcement against educational institutions that refuse to give female athletes the Title IX protections they deserve.”

    Other Republican lawmakers praised the order Wednesday, arguing it would ensure women and girls won’t be pushed to the sidelines.

    But Representative Bobby Scott, a Democrat from Virginia and ranking member on the House education committee, was quick to oppose the order, calling it “yet another overreach by this administration” and saying its lack of clarity will further complicate what should be addressed by sports associations.

    “Rather than address the real, urgent issues that students and families are facing every day, this administration continues to target vulnerable students—specifically transgender girls and women—with a shameless attempt to bully them,” he said in a statement. “They are willing to use the most vulnerable Americans as pawns in a political game.”

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  • VICTORY: University of Wyoming administrators reject student government’s proposal to slash media funding

    VICTORY: University of Wyoming administrators reject student government’s proposal to slash media funding

    Administrators at the University of Wyoming have agreed to cut student media funding by only 8.5%, repudiating a censorial student government proposal to punish student media by cutting the funding by 75% because students “don’t like” student newspaper the Branding Iron’s editorial choices. The change came after FIRE wrote to the university, explaining that the proposed funding cut was based on the content of the student newspaper, flagrantly violating the First Amendment.

    On Nov. 19, the Associated Students of the University of Wyoming passed a resolution recommending a drastic 75% cut to the fee that funds student media, including the student newspaper Branding Iron. The resolution, drafted by the Tuition Allocation and Student Fee Review Committee, cited staffing challenges, the quantity of advertising, and supposed “errors” in content as reasons for the cut. During the debate, several senators made their true motivations plain, tying their votes to personal distaste for the Branding Iron’s editorial choices, writing quality, and student opinions.

    When they distribute student fee funding, student government members exercise state power. The First Amendment bars the government, and the students to whom it delegates its power, from taking away resources based on the content of a media outlet’s expression. For good reason.

    Student media often have to write critical stories about their peers, administrators, and student government officials. So it goes when serving as a check on power, but that work would be nigh impossible without the First Amendment’s guarantee that citizens cannot be retaliated against for what they say. Cutting funding based on content impairs student journalists’ ability to confidently report on the world around them, and FIRE has beat back similar efforts across the country.

    Student media is the microphone that makes sure all these voices are heard. And FIRE is here to make sure that mic is never cut off.

    Though several student senators argued they had no “vendetta” against the student paper, their reliance upon opinions about the content of student media was enough to render their decision content-based. And any content-based restriction, however innocuous the stated motivation, must be regarded with a jaundiced eye lest those in power go unchecked.

    Thanks to FIRE’s efforts, student journalists at UW are back to covering events in their community and beyond.

    Having such dedicated staff on the local beat is especially important in places like Wyoming, where there are fewer outlets to cover local issues.

    “When we look at the University of Wyoming, and we consider that it is the only four year university in our entire state, our student media’s impact is so much more important,” said Branding Iron editor-in-chief Ven Meester. “We are a college campus in one of the reddest states in the nation. From student organizations, to speakers, to community events, we have an exceptional amount of political diversity.”

    Student media is the microphone that makes sure all these voices are heard. And FIRE is here to make sure that mic is never cut off.


    FIRE defends the rights of students and faculty members — no matter their views — at public and private universities and colleges in the United States. If you are a student or a faculty member facing investigation or punishment for your speech, submit your case to FIRE today. If you’re a faculty member at a public college or university, call the Faculty Legal Defense Fund 24-hour hotline at 254-500-FLDF (3533). If you’re a college journalist facing censorship or a media law question, call the Student Press Freedom Initiative 24-hour hotline at 717-734-SPFI (7734).

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