The Office for Students (OfS) have published standards for addressing harassment and sexual misconduct in higher education. The new regulations come into force on 1 August 2025.

The aim of the guidelines is to provide a consistent approach across the sector in terms of how universities and colleges respond to allegations of harassment and sexual misconduct. At present some institutions rely solely on police intervention while others impose severe sanctions from the outset. 

The regulations apply to all Universities and Colleges that are registered with the OfS. The key measures introduced by the regulations include:

1. Publishing and communications

All the policies and procedures that a university or college has in place to protect students should be published either in a single easily accessible document or webpage.

The university or college should also communicate details of its policies and procedures annually to staff and students.

2. Taking steps to protect students

Universities and colleges must take steps that are designed to protect their students from harassment and sexual misconduct. These steps will depend on their circumstances, and it is recommended that they consult with students regarding the measures to be implemented. 

3. Non-disclosure agreements

From 1 September 2024 non-disclosure agreements (NDAs) will be banned where they cover allegations of harassment or sexual misconduct. 

4. Staff and student relationships

Universities and colleges must protect students from conflicts of interest or abuses of power. They could achieve this by banning such relationships, but a package of measures is recommended. Such measures include raising awareness among students of behaviour that could amount to abuse of power and ensuring staff are appropriately trained about appropriate professional boundaries.

Whatever approach they take, universities and colleges must explain it and communicate it to students in their published single comprehensive source of information.

5. Reporting process

Students must be informed and aware of the process of reporting any incidents of harassment and sexual misconduct. This would allow in person reporting and online as well as anonymous reports. 

Universities and colleges may also explain how they will investigate incidents, reach decisions and allow for appeals. They must also provide support for any students who makes an allegation or has experienced harassment or sexual misconduct. 

6. Complaints

Students must be aware of their right to complain to their university or college in the first instance and failing that to the Office of the Independent Adjudicator (OIA). 

Comment

The OfS reports that 20% of students have experienced unwanted sexual behaviour on campus. The guidelines are a significant step forward in ensuring a consistency of approach across all colleges and Universities. 

Although guidelines alone will not eradicate inappropriate behaviours, they are likely to contribute to an environment where students feel better informed and safer as a result.  

However, one area not fully considered by the guidelines is the relationship with the police where an allegation has been reported. Many universities and colleges may feel that there are unable to implement their own policies where a criminal investigation is ongoing. This may be solved by improved dialogue and collaboration with the police.