Universities must improve harassment protections ahead of OfS regulation

The OfS, the regulatory body overseeing higher education in England, has called on universities and colleges to intensify efforts in safeguarding students against sexual harassment. In response to growing concerns, the OfS said it will introduce specific requirements for reporting systems, disciplinary processes and staff training. Further, a ban on the use of non-disclosure agreements when dealing with cases of harassment or sexual misconduct will be introduced. The regulator is also encouraging universities to ban staff-student relationships but stopped short of including this as a requirement.

The potential sanctions faced by higher education institutions include being fined and stripped of access to student loan funding. The OfS is also introducing a ‘condition of registration’ for universities. Institutions risk de-registration if they do not comply with the measures and will only be able to call themselves ‘universities’ and award degrees if the requirements are met.

The changes aim to create a safer environment for students. Universities will be held accountable for meeting these standards, ensuring timely reporting and effective responses to complaints. The OfS has also emphasised the need for comprehensive polices as well as robust procedures to prevent abuse and address any incidents that do occur.

The need to ‘step up’ student protection follows an OfS consultation on tackling harassment and sexual misconduct launched last February.

Universities and colleges will have until 1 August 2025 to implement all changes aside from the ban on non-disclosure agreements, with this set to come into force on 1 September 2024.

Higher education expert Stephanie Connelly of Pinsent Masons said: “The ban on non-disclosure agreements is already something that the sector has put in motion for some time and so the 1 September 2024 deadline for compliance will hopefully not cause too much concern for institutions.  However, institutions will likely be relieved that there is a period of time, until 1 August 2025, to implement other changes, such as training staff and students to improve understanding of what constitutes sexual misconduct and harassment and publishing information about their policies and procedures”.

“If not already doing so, institutions should use this time to take stock of what is already in place and what further changes may be required to meet the OfS’ requirements. While 12 months seems a long way away, embedding such changes into an institution is likely to take time and the clock is already ticking,” she said.