Universities and colleges would need to maintain a register of
personal relationships between staff and students under plans
published today by the Office for Students (OfS). The proposal
forms part of a wider consultation on regulating harassment and
sexual misconduct in English higher education, including greater
support for victims, and mandatory training for students and
staff.
The relationships register would apply to certain personal
relationships in circumstances where a staff member has
particular responsibilities towards a student, for example where
an academic is responsible for assessing a student’s work. The
consultation proposes that any academic not disclosing such a
personal relationship should be liable for dismissal. The
register is the OfS’s preferred option, but views are also sought
on an outright ban of such personal relationships between a
student and a staff member with responsibilities towards that
student.
The OfS is proposing a new condition of registration to address
harassment and sexual misconduct. If a condition is introduced
following the consultation, universities and colleges would have
to take a number of steps, including:
· introducing mandatory
training for students and staff. This should include ‘bystander
training’ for potential witnesses to raise awareness of and
prevent sexual misconduct.
· publishing a single
document setting out how an institution will make a significant
and credible difference in tackling harassment and sexual
misconduct. The document would include information about how to
report cases of harassment and sexual misconduct, and explain how
students will be supported through the process.
· banning the use of
non-disclosure agreements in cases of harassment and sexual
misconduct, and any enforcement of existing non-disclosure
agreements.
There is a specific requirement in the proposed condition which
would require universities and colleges to comply with the OfS’s
requirements in a way that is consistent with principles for
freedom of speech within the law.
Susan Lapworth, chief executive of the OfS, said:
‘These are important proposals which would allow the OfS – for
the first time – to directly regulate concerns about harassment
and sexual misconduct. Some universities are already doing
excellent work in this area, but we know that progress across the
sector has been too slow and too patchy. Our independent
evaluation found that self-regulation had not delivered the
changes we think students are entitled to see.
‘Harassment and sexual misconduct can have a profound – and
sometimes devastating – impact on the lives of students,
including damage to their education. Our proposals would ensure
that victims of harassment and sexual misconduct are
appropriately supported, and that universities and colleges make
significant progress to reduce these incidents.
‘We are keen to hear from students, the universities and colleges
we regulate, and anyone else with an interest in reducing
harassment and sexual misconduct, as we take this work
forward.
‘We are particularly interested in views about relationships
between staff and students. The majority of those working in
higher education behave appropriately towards their students. But
we recognise that there can be a power imbalance in personal
relationships that could be exploited by unscrupulous staff to
subject students to harassment or sexual misconduct. That’s why
we’re proposing that certain types of personal relationships
should be disclosed, with staff dismissed if they fail to do so.
Some universities already go further, and have policies that ban
all relationships between staff and students. We will continue to
consider this option and welcome views on whether it is an
approach we should require of all institutions.’
ENDS
Notes
1. The Office for Students is
the independent regulator for higher education in England. Our
aim is to ensure that every student, whatever their background,
has a fulfilling experience of higher education that enriches
their lives and careers.
2. The consultation runs from 23 February
2023 to 4 May 2023. The OfS is holding online events for students
and universities and colleges to promote the consultation.
