The use of NDAs in cases of harassment and sexual misconduct would also be prohibited under measures implemented by the regulator.
Universities in England will be fined if they fail to make necessary efforts to protect students from harassment and sexual misconduct under a regulation that also bans the use of non-disclosed agreements (NDAs) in such cases.
According to a university watchdog, Higher education institutions must take precautions to prevent “abuse of power” in situations involving personnel relationships between staff and students.
The proposal fell short of an outright ban on staff-student relationships, which had been proposed as an alternative. Some universities have already implemented voluntary prohibitions, and more are expected to follow.
On Wednesday, the Office for Students (OfS), which regulates higher education in England, announced the new registration measures for universities. If they do not comply, they will face financial penalties, loss of access to student loan funding, and even deregistration.
An OfS survey released at the same time found that one of the students interviewed had experienced unwanted sexual behavior during the 2022-2023 academic year. Female students were more than twice as likely as their male counterparts to face sexual harassment (27% vs. 12%) and three times as likely to experience sexual assault or violence (13% vs 4%).
According to Jo Grady, the general secretary of the University and College Union, which represents academic and support staff, it has been allowed to become rife on campus, and action from the OfS to push the universities and colleges to tackle this issue properly is long overdue.
Universities would be expected to provide “comprehensive” information about how their institution prevents harassment and sexual misconduct, how many are reported and reported, and how students will be supported during an inquiry. Staff and students will be expected to attend training.
According to an OfS survey, more than 5,000 students at 12 universities, little over one in ten (12%) of those who experienced sexual harassment in the previous years reported them to their university. A third (32%) said they had a positive reporting experience, while 43% said it was poor. Nine out of the ten students who experienced sexual assault or violence during the last year did not report the incident to the police.
Bridget Philipson, the education secretary and minister for women and equalities, said the ban on NDAs, which universities commonly used to prevent students from speaking about their experiences, would ensure that victims did not suffer in silence.
She stated, “The findings in this report and the levels of harassment uncovered, including the disproportionate impact on women on our campuses, are appalling.”
“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.”
Susan Lapworth, the chief executive of the OfS, stated, “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.”
The spokesperson for Universities UK also stated, “Universities must go further still, doing everything possible to bring about a cultural change and stamp out sexual misconduct on campus.”
