Universities face sanctions if they fail to address staff-student relationships

The Office for Students (OfS) will introduce a new condition of registration which will require higher education institutions in England to set out how they are protecting students from harassment and sexual misconduct.

It comes after a fifth of students who responded to an OfS survey said they had experienced unwanted sexual behaviour in the 2022/23 academic year.

Universities and colleges will not be able to use non-disclosure agreements (NDAs), which forbid students from talking about incidents of harassment or sexual misconduct, under the OfS’s condition of registration.

Higher education institutions will be required to take “one or more steps to make a significant and credible difference in protecting students” from any conflict of interest or “abuse of power” in intimate staff-student relationships.

But universities will have the flexibility to develop and publish their own policies on relationships between staff and students – including the restrictions or prohibitions they consider appropriate, the watchdog has said.

The OfS said: “We have said that a ban on intimate personal relationships is a step which would be considered to meet our requirements.

“A statement, on its own, which discourages relationships between staff and students will not be considered to meet our requirements.”

Academics at universities where a ban is in place could be dismissed if they carry on with intimate relationships with their students, the watchdog said.

Universities and colleges in England face a range of sanctions – including being fined, stripped of access to student loan funding or de-registered – if they fail to comply with the regulator’s requirements.

The majority of the requirements in the new condition of registration will come into force on August 1 next year, apart from the ban on NDAs in cases of harassment or sexual misconduct which will start from September this year.

The condition is being introduced following a consultation by the higher education regulator on the subject, which was launched in February last year.

The OfS has also published data from its pilot survey of students in English higher education between September and November last year.

The poll, of more than 5,000 students at 12 higher education providers, found that 20% reported experiencing unwanted behaviours of a sexual nature (sexual harassment) between September 1 2022 and September 1 2023.

Female students were more than twice as likely to experience sexual harassment as men (27% compared with 12%), and more than three times as likely to experience sexual assault or violence (13% compared with 4%), the pilot survey suggested.

Only 12% of students who experienced sexual harassment in the last year made a formal report to their university.

Of those who did make a report, more than two in five (43%) said their experience of reporting was poor, according to the poll.

OfS 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 and colleges are increasingly alive to these issues and the serious impact they can have on students, particularly women. Some institutions already ban inappropriate relationships between staff and students – and we expect many more will now follow.”

She added: “More regulation is rarely popular with those subject to it. But we are clear that the action we’re taking today is targeted on an important issue that matters very much to students.”

Education Secretary and Minister for Women and Equalities Bridget Phillipson said: “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.

“Last week, I announced a refocused role for the Office for Students to ensure it can 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 as Education Secretary and Women and Equalities Minister to ensure that our universities are safe environments for all.”

A Universities UK (UUK) spokesman said: “The results of this survey are sobering. Sexual misconduct is unacceptable on campus as in any walk of life, and no student or staff member should have to experience it.

“Regrettably, it is clear this wider societal problem continues to impact higher education, despite much positive work in the sector to tackle it.

“Universities must go further still, doing everything possible to bring about a cultural change and stamp out sexual misconduct on campus.

“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.”