Unis told to improve sexual harassment protection

Universities in England need to step up efforts to protect students from sexual harassment, their watchdog has said.

The Office for Students (OfS) said it will introduce certain bars that need to be reached when it comes to reporting systems, disciplinary processes and staff training.

It stopped short of requiring them to ban relationships between staff members and students, which it had previously been considering.

Universities UK (UUK), which represents 142 universities, said its members would work “constructively and rapidly” with the OfS, while the National Union of Students (NUS) called it an "incredible win".

Education secretary Bridget Phillipson - who is also minister for women and equalities - said a new ban on the use of non-disclosure agreements (NDAs) would ensure victims "do not suffer in silence".

NDAs, originally designed to protect business secrets, are legal contracts that stop people from sharing private information – and have at times been used to silence complaints about sexual misconduct, bullying and harassment.

The OfS, which regulates universities in England, launched a consultation on tackling harassment and sexual misconduct last February.

As a result, it is introducing a “condition of registration” for universities that is designed to deal with both issues.

It means institutions will only be able to call themselves "universities" and award degrees if they meet certain requirements, including:

• training for staff and students "to improve understanding of what constitutes harassment and sexual misconduct"

• publishing information about their policies and procedures

• banning the use of non-disclosure agreements when dealing with cases of harassment or sexual misconduct.

The OfS said it expected every university to identify the steps it needs to take.

Universities will have until 1 August 2025 to implement the changes - apart from the ban on non-disclosure agreements, which will come into force on 1 September 2024.

The regulator encouraged universities to ban staff-student relationships, but stopped short of requiring them to do so - a proposal it had previously floated.

The BBC has spoken to several current and former students about their experiences of harassment and sexual misconduct at university.

A University of Exeter student, who witnessed her friend being sexually harassed by another student while they were walking down a road together, said lots of female students felt unsafe - at her university and others.

The university said in a statement that it had "zero tolerance" for harassment, abuse and assault, adding: "Criminal or disciplinary proceedings will be brought against those who commit these offences".

It said it ran bystander intervention and consent courses, and encouraged students and staff to use its reporting tool and contact its "dignity and respect" advisers or wellbeing services.

Another woman said she was assaulted by someone who was not a student while she was at university.

She contacted her university and was offered four counselling sessions. However, after her second session, her counsellor changed - and she decided not to finish the sessions.

"I didn't feel comfortable having to repeat it all [and] build a whole new relationship and trust with [the new counsellor]," she said.

She said she wished the university had supported her more academically by arranging extensions, for example.

"This was taking a huge toll on my mental health, which [affected] my work, my assignments, even my ability to attend lectures and classes," she said.

Charlotte Keely, of Our Streets Now, a campaign group that seeks to end public sexual harassment, welcomed the ban on NDAs and said the condition of registration was a "road map" for universities.

However, she said the OfS had taken a "minimum standard approach" when it came to training - with a focus on improving understanding of what harassment is, rather than how to tackle "cultures of sexual harassment" and harassment itself.

"This could be via active bystander training, training on trauma-informed practice or training on developing effective structures of report and support," she said.

The OfS also published findings from a survey of students at 12 providers, which suggested a fifth of them had experienced some sort of sexual harassment - although the sample cannot be seen as representative.

UUK called the survey results "sobering" and comes "despite much positive work in the sector to tackle" sexual harassment.

"Universities must go further still, doing everything possible to bring about a cultural change and stamp out sexual misconduct on campus," it said in a statement.

"UUK and our members will now work constructively and rapidly with the OfS to help implement changes in support of our shared commitment to tackling harassment."

Saranya Thambirajah, of the NUS, said she hoped the condition of registration would "empower" universities to "handle cases justly and with care".

"Culture change takes time, and we are by no means at the end of the road with this journey, but today is evidence of our hard work thus far paying off, and we will continue to fight for a future where campuses are free of sexual violence," she said.

Ms Phillipson said the OfS findings were "appalling" and she wanted to make sure it could "concentrate on standing up for students".

"The ban on non-disclosure agreements will ensure victims do not suffer in silence, and I will continue to work tirelessly... to ensure that our universities are safe environments for all," she said.

A 2020 BBC News investigation found nearly a third of universities had used NDAs to silence student complaints about sexual misconduct, bullying and harassment.

Jo Grady, general secretary of the University and College Union, welcomed the ban on non-disclosure agreements, adding that violence against both students and staff "has been allowed to become rife on campus" and action was "long overdue".

If you are affected by issues raised in this article help and support is available via the BBC Action Line.

Additional reporting by Hope Rhodes and Mary Litchfield