Consultation on a new approach to regulating harassment and sexual misconduct in English higher education

The Office for Students consultation on a new ongoing condition of registration closes on 4 May 2023.

The OfS has proposed a new ongoing condition of registration E6 in relation to harassment and sexual misconduct.  Broadly this would impose obligations on Higher Education Institutions to:

• Publish a single document setting out their approach to tackling sexual misconduct and harassment;
• Have the capacity and resources to comply with the condition;
• Comply with the condition in a manner consistent with freedom of speech principles;
• Ban the use of relevant non-disclosure agreements;
• Either a) oblige relevant staff to register any personal relationships with students or b) ban such relationships.

These in turn involve resource-heavy expectations including mandatory staff and student training, alongside investigating incidents and providing support for all students involved in incidents. 

Although there is a collective will to address these issues, there is concern as to the proposal that HEIs should be compliant within three months of the OfS decision, particularly where mandatory training is required, and employment contracts may need to be revised. 

Any HEIs who have not already done so, would be well advised to start to assess how compliant they are against the proposed condition, and how they can begin to approach closing any gaps.