Universities UK: Staff-to-student sexual misconduct to be tackled by new university guidance

Universities must give students more help to report sexual misconduct by staff – when they experience or witness it – strongly discourage personal relationships between staff and students and never use non-disclosure agreements (NDAs) in cases of sexual misconduct. They must create an inclusive and positive culture, supported by clear policies, practices and data, to tackle staff to student sexual misconduct.  

These are some of the recommendations set out in a wide-ranging new report from Universities UK (UUK) which outlines steps to protect students from harassment and harm, while treating both staff and students fairly.  

Written with input from the National Union of Students (NUS), survivor groups including Rape Crisis and The 1752 Group, staff unions, professional bodies and academic experts, the guidance examines the impact of unequal power in relationships between staff and their students. It makes a series of recommendations to help universities prevent sexual misconduct and address it when it does occur, suggesting ways to remove the barriers that discourage students from speaking out and improve the recording of reports and complaints.   

Universities are committed to providing a safe and inclusive environment for both students and staff, and to help achieve this, the report recommends that institutions:  

• put clear policies in place to tackle staff-to-student sexual misconduct and ensure policies are understood and used across the whole university
• strongly discourage close personal relationships between staff and students. Where relationships do happen, the staff member should declare this and be removed from all responsibilities which could mean a conflict of interest  
• ban the use of non-disclosure agreements (NDAs) or confidentiality clauses in settlement agreements in sexual misconduct and harassment cases  
• encourage people to report concerns, with better support and protection for those who speak out, including those who prefer to do so anonymously 
• collect and keep records on reports of staff-to-student sexual misconduct to help the sector see and understand the problem
• establish joined-up thinking across human resources and student services and ensure that staff and student policies and practices work together      

The guidance was developed by an advisory group chaired by Professor Cara Aitchison, Vice-Chancellor of Cardiff Metropolitan University.  

Launching the guidance, Professor Aitchison said: 

“Universities are committed to ensuring the safety and wellbeing of all students and staff – we have both an ethical and legal duty of care. While the overwhelming majority of students enjoy a positive and safe experience on campus, sadly harassment and violence does still occur. Both as a sector, and as independent institutions, we must address this by changing the culture that enables sexual misconduct to take place. 

“It is critical that students who experience or witness sexual misconduct feel confident and supported to speak out and we know this can be particularly difficult where a complaint involves a staff member. We must ensure every campus has a culture of trust and a sense of belonging where students feel listened to and trust the university will act appropriately.”  

Minister for Higher and Further Education Michelle Donelan said:  

“Universities have a profound responsibility to protect students from sexual misconduct, especially when perpetrated by those in positions of power such as a member of staff, so I welcome this timely guidance.   

“It is right to call on universities not to use Non-Disclosure Agreements to silence victims of sexual harassment, and I am deeply proud that over thirty universities have already signed up to a pledge I launched last month committing to end this immoral practice”.  

UUK’s guide for universities to tackle staff-to-student sexual misconduct aims to address previous research findings from the NUS and 1752 group that suggest:  

• not all staff and students know what is and is not acceptable behaviour between staff and students 
• unequal power relationships between staff and students, and a lack of understanding of consent (including sexual consent) in relationships of unequal power, causes challenges           
• gender, subject and level of study are risk factors, with women and postgraduate students more likely to experience sexual misconduct than men and undergraduate students¹  
• there are low levels of reporting by all student groups and there are challenges in the gathering, storage and use of data in this area. Removing barriers to reporting is one of the most important challenges to overcome  

Hillary Gyebi-Ababio, VP Higher Education at the National Union of Students, said: 

“Every student should feel safe and secure throughout their time at university, and be able to look to the institution and its staff for support if they experience sexual violence on campus. That is why any abuse perpetrated by staff is particularly shocking. It destroys trust and is an issue our own research has shown was historically overlooked within higher education, focusing instead on misconduct between students. 

“There are clear power imbalances in relationships between staff and students, and abuses of this power must be tackled with a whole-university approach. We were pleased to support the development of this guidance, and to help create the right culture and conditions for students to feel protected and able to speak out if they experience or witness sexual misconduct, regardless of who is behind that misconduct.” 

Further information on sharing information on the outcomes of complaints, investigations and disciplinary procedures will be dealt with shortly in upcoming guidance produced by Universities UK in partnership with Coventry University. 

ENDS  

Notes to editors:  

• The guidance was developed by an advisory group chaired by Professor Cara Aitchison, Vice-Chancellor of Cardiff Metropolitan University. The group included representatives from the National Union of Students (NUS), GuildHE, professional and research bodies in the higher education sector (including AMOSSHE, ARC, UCEA, UHR, UKRI ), UCU, The 1752 Group, Rape Crisis England and Wales academics and expert policy advisors and practitioners from across the sector in the field of gender-based violence.  
• UUK’s guidance on Changing the Culture created a framework for addressing harassment occurring between students. This work builds on that framework, but takes account of additional considerations when an incident involves staff and this includes the inevitable power imbalances that occur between a staff member and student.