Universities in England face fines for failing to protect students from harassment
Use of NDAs in cases of harassment and sexual misconduct will also be banned under measures introduced by regulator
Universities in England will be fined if they fail to take adequate steps to protect students from harassment and sexual misconduct under measures that will also ban the use of non-disclosure agreements (NDAs) in such cases.
Higher education institutions will have to take steps to prevent “abuse of power” where there are personal relationships between staff and students, the universities watchdog said.
The move fell short of an outright ban on relationships between staff and students, which had been floated as an option. Some universities have already introduced a ban of their own volition, and the expectation is that more will follow.
The Office for Students (OfS), which regulates higher education in England, set out the measures on Wednesday which constitute a new condition of registration for universities. If they fail to comply they face sanctions including financial penalties, being stripped of access to student loan funding and even being de-registered.
An OfS survey published at the same time revealed that a fifth of students who took part in the poll had experienced unwanted sexual behaviour in the 2022-23 academic year. Female students were more than twice as likely to experience sexual harassment as male students (27% v 12%), and more three times more likely to experience sexual assault or violence than men (13% v 4%).
Jo Grady, the general secretary of the University and College Union, which represents academics and support staff, said: “Sexual violence against students and staff has been allowed to become rife on campus, and action from the OfS to push universities and colleges to properly tackle this issue is long overdue.”
Universities will be required to publish “comprehensive” information to explain to students how their institution is preventing harassment and sexual misconduct, how incidents can be reported and how students will be supported during an investigation. Staff and students will also be required to receive training.
The OfS survey of more than 5,000 students at 12 universities found just over one in 10 (12%) students who experienced sexual harassment in the last year made a formal report to their university. A third of those (32%) said their experience of reporting was good, while 43% said it was poor. Nine in 10 students who experienced sexual assault or violence in the last year did not report the incident to the police.
The education secretary and minister for women and equalities, Bridget Phillipson, said the ban on NDAs, which had been widely used by universities to prevent students from speaking about their experiences, would ensure victims did not suffer in silence.
“The findings in this report and the levels of harassment uncovered, including the disproportionate impact on women on our campuses, are appalling,” she said.
“We must clamp down on sexual harassment in every part of our society and everyone at our universities should feel protected and able to focus on their learning and broadening their horizons.”
The OfS’s chief executive, Susan Lapworth, said: “Students have told us clearly that they want to see more active regulation to tackle harassment and sexual misconduct in higher education. We’ve heard them, and our new regulation will help ensure they are better protected and better able to succeed on their courses.”
Universities UK, which represents 142 institutions, said the survey results were sobering. “Universities must go further still, doing everything possible to bring about a cultural change and stamp out sexual misconduct on campus,” a spokesperson said.
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