A Second Open Letter
With reference to the Open University Gender Critical Research Network
Dear Vice Chancellor,
It has been a month since the launch of the OUGCRN, and whilst it’s understandable there are still a lot of responses to consider, it is also important that action is seen to be being taken – particularly in this case, where so many people who are part of a vulnerable minority are feeling ignored and abandoned.
The simplest way to address this is to be specific about the actions that would resolve the situation to the widest satisfaction, and the reasons why these should be taken.
I think everyone is now aware that a precedent has been set around the right to hold Gender Critical beliefs. No one is arguing against anyone’s right to hold the beliefs they choose, whatever the evidence supporting them may be. Indeed, the Open University’s policy on Student Religion and Beliefs (OU, 2020) states that beliefs as protected under the EqA 2010 need only to be “cogent, serious, cohesive and compatible with human dignity.” However, as stated in article 2.5 of this policy, whilst the holding of beliefs is protected, any expression of these beliefs “must also be communicated with respect.” “The manifestation of such freedom of expression should not be expressed in a way that is hostile or degrading to others,” and this expression “does not take priority over people’s rights as embodied in the Human Rights Act 1988.”
It needs to be borne in mind at all times, that Gender Critical beliefs are by their nature transphobic. There is no avoiding this fact. People holding those beliefs will not necessarily act in a transphobic way at every opportunity, and may very well treat trans, non binary and gender non conforming people with respect when they wish to, but their beliefs are transphobic and cannot be viewed as anything else. To manifest those beliefs as simply as saying ‘trans women are men’ or by misgendering someone, is to treat trans people without respect, with hostility and to be degrading. Trans people have the right to be acknowledged in the gender they identify, and the Open University has a duty to protect its students and its staff from harassment.
If members of the Open University community wish to be part of a Gender Critical Research Network, then they may do so, if it can be demonstrated that this does not adversely affect their working relationship with their students or other staff. What is both unnecessary and damaging to the Open University’s reputation is for this network to operate under the Open University’s name.
In the Open University Statement of Principles on Academic Freedom (OU, 2019) it states that, whilst students and staff have freedom within the law to “present controversial or unpopular points of view” we will make “every reasonable effort to minimise the risks of any harm, either physical or psychological” in promoting those ideas. We will be “sensitive to the views of others and we will not present or challenge views in a way that is hostile or degrading.” Again, it is hard to see how Gender Critical views can be presented to trans, non-binary and gender non-conforming people in a way that is neither hostile nor degrading. And, as it also states, “We will always be careful to distinguish between our personal views and those of the Open University or any other person, group of people or organisation with which we may be associated.” This has simply not been the case. The ‘Open University Gender Critical Research Network’ has done little since its launch than try to gain validation through the use of the Open University name. From their initial unauthorised use of the OU logo, to the final statement in Professor Stock’s article on the launch of the OUGCRN that “an anti-intellectual, totalitarian tendency within UK universities is at last being resisted by a university itself should be welcome news.” firmly implying that the Open University has taken an active part in creating this network and aligns with its views. I note that in the latest YouTube ‘podcast’ from the OUGCRN, they are introduced as “the Open University’s Gender Critical Research Network,” again implying ownership on behalf of the OU.
This is not a project that the Open University are funding, validating, embarking on or aligning themselves with. It does not and should not be operating under the Open University name.
In the Open University Gender Identity Policy and Guidance (OU, 2020) article 2.1 states that the learning environment should “be responsive to the student’s needs, enabling them to live in the role that’s consistent with their gender identity, and to study effectively.” And it should “be free from discrimination, harassment, and victimisation in a place where everyone is treated with dignity and respect.”
Article 2.2 states that staff have the responsibility to “respect the dignity of all students and their self-identified gender status.” And to “comply with the law in relation to the protected characteristics of gender reassignment.”
There’s no dignity or respect for trans or gender non-conforming students in hosting a network that denies their lived experience, regards them as in need of mental health intervention or promotes conversion therapy in the guise of detransitioning. How can they even begin to study effectively in this situation? The EqA 2010 defines gender reassignment as a protected characteristic, and this does not just apply to individuals with a GRC, but anyone “who is proposing to undergo, is undergoing or has undergone a process (or part of a process) to change their sex.” A process to change one’s sex (or, more accurately gender) may be as simple as asking for a change to pronouns, or for a new name to be used. Failure to use someone’s new name or title would be in contravention of this, especially when it comes to any records pertaining to that student. But people with Gender Critical beliefs frequently ‘deadname’ and misgender trans people as a matter of course, and wish to have the right to continue to do so. As a university, the OU has a duty of care not only to its students but its staff too, to create a learning and working environment that they feel welcome, supported and valued within. What are trans students supposed to feel like over this summer, knowing that when they begin their studies for their next module, it will be at a university that validates Gender Critical beliefs, and that their next tutor may be part of this network? How will staff feel, knowing they may have to collaborate with and work alongside members of this network? How will we all feel, knowing that a network with these underlying beliefs is sanctioned by our university? I certainly will be unhappy to think that if I remain open about my sexuality, allyship or family, other members of the university community may feel emboldened to judge, criticise or otherwise harass me. I see the OU as a safe place, where people can be open about who they are and find support and comradeship, not condemnation.
The OU Student Charter makes a commitment to be “inclusive, innovative and responsive.” That is precisely what we are asking for now. Show your commitment to being inclusive of all your trans, non-binary and gender non-conforming staff and students. Don’t be afraid to take action and be responsive, and make that action innovative too. Set a standard for other universities and places of higher education. Don’t allow the name of our university to be hijacked in this underhanded way. If academics wish to be a part of a Gender Critical Research Network, then they may do so, but it should be made to stand on its own merits, if it has any, not allowed to usurp the good standing of a body as important to inclusion as the OU.
I want to restate some of the values of the Open University, as stated in the Student Charter:
“To actively support student engagement in decision-making”
Ask the student body. Let their needs and wishes guide you. The students are looking to their university to stand up for their rights and protections.
“To work to maintain and enhance the standards and reputation of our university”
The OUGCRN has shown no respect for the procedures, policies or high standards of the Open University. They do not deserve the recognition or right to use the Open University name, and are doing damage to the OU’s reputation with every day they keep its name in their title. There has been a surge of anti-trans actions reported in the press and on social media recently (some of it shared online by the staff involved in this network). Help your students, staff and wider community make a stand against what is going on, and make a clear statement about how the Open University works to promote equality, diversity and cohesion.
Many of us remain hopeful that we can see a timely and positive conclusion to this situation, and thank you and everyone else who has put so much time and work into solving this dilemma to the satisfaction of every party involved. Unfortunately, that is not always possible, but in these situations, it is clear where the university’s first responsibilities lie. So many staff and students are looking to you to take action on their behalf, and defend their right to work and study in an environment free from harassment and disrespect. Please don’t let them down.
Sarah Jane Russell
References:
GOV.UK, 2010, Equalities Act [online] https://www.legislation.gov.uk/ukpga/2010/15/contents [accessed 17th July 2021]
Open University, 2020; OU Policy on Gender Identity [online] https://help.open.ac.uk/documents/policies/gender-identity/files/28/gender-identity-policy-and-guidance.pdf. [accessed 15th July 2021]
Open University, 2020; Student Charter [online] http://www2.open.ac.uk/students/charter [accessed 16th July 2021]
Open University, 2020; OU Policy on Student Religion and Beliefs; [online] https://help.open.ac.uk/documents/policies/religion-and-belief/files/39/student-religion-belief-policy-and-guidance%20%28May%202020%20update%29.pdf [accessed 15 July 2021]
Open University, 2019; OU Statement on Principles of Academic Freedom; [online] https://help.open.ac.uk/documents/policies/academic-freedom-principles-statement/files/1/statement-of-principles-on-academic-freedom.pdf [accessed 15th July 2021]
OUGCRN; Interview 2, 2021 [online] https://youtu.be/GTk8t7_mDec [accessed 13 July 2021]
Stock, K; The New Network For Gender Critical Academics, 2021 [online] https://thecritic.co.uk/the-new-network-for-gender-critical-academics/[accessed 16th July 2021]
