New guidance to support universities in tackling harassment and sexual misconduct

Today, Universities ��ϲʿ�� (U��ϲʿ��), in collaboration with Coventry University and Pinsent Masons, has published updated guidance on tackling harassment and sexual misconduct on university campuses.

The publication is an update to guidance first issued in 2016 on h andling alleged student misconduct. It makes clear that while universities cannot make decisions about whether a criminal offence has been committed, they can make decisions where there has been a breach of their own code of conduct. The updated guidance sets out a framework and case studies to guide institutions in handling these investigations.

Publications

How to handle alleged student misconduct: case studies

This guidance, building on a U��ϲʿ�� and Pinsent Mason publication from 2016, sets out principles and practical case studies to help navigate these judgements.

It is part of U��ϲʿ��’s ‘Changing the Culture’ work - initially set up to examine violence against women, harassment and hate crime affecting students, making recommendations and providing guidance for higher education providers to follow.

The author of today’s report, Nicola Bradfield, Associate Pro Vice-Chancellor, Coventry University, said:

The sector understands the importance of handling serious student misconduct cases fairly and effectively. However, cases can be incredibly complex with each one requiring consideration of unique circumstances, a need to balance the interests of the students involved and, often, the navigation of an external criminal investigation.

In response to requests for further guidance, we have prepared this Supplemental Note to the 2016 U��ϲʿ��-Pinsent Masons Guidance, focussing on areas which can be challenging and providing practical case studies. While each case is different, we hope it will assist universities with the continued development of their processes and to address issues that may arise with greater confidence.

Nicola Bradfield

Associate Pro Vice-Chancellor, Coventry University

More widely, increased reporting and data in the sector is rightly drawing attention to the scale of harassment and sexual misconduct. In late 2022, the Office for Students (OfS) published survey results from 68 providers. It found 57% of respondents saw an increase in reports between 2020-22. The rise in reported incidents is a serious concern, but also indicates that students have greater confidence in reporting such incidents.

The OfS also found that universities had made significant progress in adopting the recommendations of U��ϲʿ��’s 2016 guidance. In total, the survey found that 98% of U��ϲʿ��’s members have now introduced a process where students have the option to report in person any incidences of harassment or sexual misconduct. All U��ϲʿ�� members surveyed said they provide clear information to students on how to report incidents, further highlighting the commitment of universities to tackle these issues head on. The report also found that leadership responsibility for tackling harassment and sexual misconduct had shifted to more senior roles at U��ϲʿ�� member universities.

Professor Dame Sally Mapstone DBE, FRSE, President of Universities ��ϲʿ�� and Principal and Vice-Chancellor of the University of St Andrews said:

Any form of harassment against students or staff is completely unacceptable on campus, as in any walk of life, and goes against the standards of behaviour expected across the university community. A key focus for universities is building a community which prevents these incidents from emerging in the first place.

Much work has been done in this space, but we are clear that the sector needs to go further to build on the progress to date. This latest publication will be a further source of support for universities to improve their processes and help to implement much needed change.

Professor Dame Sally Mapstone DBE, FRSE

President of Universities ��ϲʿ�� and Principal and Vice-Chancellor of the University of St Andrews

Notes

Since the publication of Changing the Culture, U��ϲʿ�� has produced a number of additional reports and guidance on tackling different forms of harassment, including:

All reports can be viewed here: Changing the culture: our work on tackling harassment

Survey published by the OfS, conducted by SUMS Consulting:
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New guidance to support universities in tackling harassment and sexual misconduct

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