The Office for Students (OfS), the higher education regulator in England, has called for universities to increase their efforts to safeguard students from sexual harassment. The OfS will introduce specific benchmarks for reporting systems, disciplinary procedures, and staff training.
Although the OfS considered banning relationships between staff and students, it has decided not to impose such a requirement at this time.
Responses from universities and student groups
Universities UK (UUK), representing 142 universities, expressed a commitment to working “constructively and rapidly” with the OfS. The National Union of Students (NUS) hailed the initiative as an “incredible win.”
Education Secretary Bridget Phillipson, also the Minister for Women and Equalities, highlighted the introduction of a new ban on the use of non-disclosure agreements (NDAs). She emphasised that this ban will ensure victims are not silenced.
NDAs, initially designed to protect business secrets, have sometimes been used to prevent complaints about sexual misconduct, bullying, and harassment from becoming public.
OfS measures and deadlines
Following a consultation launched in February, the OfS is setting a “condition of registration” for universities to address harassment and sexual misconduct. This condition means universities must meet certain criteria to retain their status and degree-awarding powers, including:
- Training staff and students to enhance understanding of harassment and sexual misconduct.
- Publicising policies and procedures.
- Prohibiting the use of NDAs in harassment or sexual misconduct cases.
Universities must implement these changes by August 1, 2025, with the NDA ban effective from September 1, 2024. The OfS also encouraged universities to ban staff-student relationships but did not mandate it.
Campaign group and union reactions
Charlotte Keely from Our Streets Now welcomed the NDA ban and described the registration condition as a “road map” for universities. However, she criticised the OfS for a “minimum standard approach” to training, advocating for more comprehensive measures like active bystander training and trauma-informed practices.
A survey by the OfS found that a fifth of students at 12 institutions had experienced some form of sexual harassment, though the sample was not representative. UUK called the results “sobering” and urged universities to continue their efforts to eradicate sexual misconduct on campuses.
Ms. Phillipson called the OfS findings “appalling” and pledged to ensure that universities provide safe environments for all students. She reiterated that the NDA ban would prevent victims from suffering in silence.
New sexual harassment requirements on UK organisations
On top of these required changes for universities, the Worker Protection (Amendment of Equality Act 2010) Act 2023 will require employers to take “reasonable steps” to prevent sexual harassment.
This includes:
- Reviewing, updating, and communicating anti-harassment policies and sexual harassment policies
- Conducting updated and tailored sexual harassment prevention training
- Ensuring a clear reporting path for any complaints and that employees know how to speak up
- Promptly respond to and address any concerns that are raised, similar to whistleblowing protections
- Carrying out new risk assessments and implementing risk mitigation measures
Empower staff and students to stay safe and compliant
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