10 things you need to know about the new OfS Condition of Registration on Harassment and Sexual Misconduct

The new OfS Condition E6 on Harassment and Sexual Misconduct will be published within the regulatory framework and come into force on 1st August 2025. From this date, registered higher education providers are expected to achieve full compliance and to engage in an ongoing manner in a number of areas.

As a one-year pilot, the OfS is trialling an online sexual misconduct survey with students across England to better understand the prevalence of sexual misconduct in higher education. Students will be invited to complete the sexual misconduct survey after they have completed the NSS 2025.

The initial OfS pilot survey carried out in 2023 showed: Women are significantly more likely to experience sexual harassment (27% vs. 12%men) and sexual assault or violence (13% vs. 4%). Only 12% of students who experienced sexual harassment in the past year reported it to their university, with 43% describing it as negative. 90% of students who experienced sexual assault or violence did not report it to the police¹

The incoming regulation covers a wide range of areas and is likely to require a shift in operational practices at a number of HEIs.

Summary of new proposed E6 Condition of Registration

1. 1. Definitions

The definition of ‘harassment and sexual misconduct’ now includes harassment cases, which occur more frequently and affect more students than sexual violence. The term ‘incident’ has been expanded to cover a broader range of circumstances. For example, it includes, but is not limited to, allegations, complaints, suspected behaviour as well as formal findings of harassment or sexual misconduct.

2. Publishing and communications

All policies and procedures that a university has in place to protect students should be published in a Single Comprehensive Source of Information or webpage, making clear if the information varies for different student cohorts. This will also need to include policies on how the University complies with requirements around Freedom of Speech. It will also contain information on how a University is responding to these issues, including the training provided for staff and students. There are requirements for all staff and students to be sent the Single Comprehensive Source of Information annually.

3. Taking steps to protect students

Universities must take steps to protect their students from harassment and sexual misconduct, inform students about these steps and consult with students or to make sure that what they do is appropriate. This must be based on specific institutional needs, and the needs of the student body.

4. Non-disclosure agreements

From 1 September 2024 the use of non- disclosure agreements (NDAs) has been banned where they cover allegations of harassment or sexual misconduct.

Universities must discourage third parties, such as placement providers from using NDAs in these circumstances as well as UK sub-contractual and overseas partners noting that responsibility for ensuring compliance sits with us as OfS registered higher education providers subject to ongoing conditions of registration.

5. Staff and student relationships

A policy on Staff Student Intimate Personal Relationships, detailing how the University will make a credible and significant difference to protect students from conflicts of interest and abuses of power is required with recommendations for this to be managed either through banning such relationships or implementing robust steps to manage them. This policy must be included in the Single Comprehensive Source of Information.

6. Reporting process

Students must have access to a process for reporting an incident of harassment and sexual misconduct. The process should include in person and online reporting, allow students to raise incidents anonymously. Universities should explain how they will investigate incidents, reach decisions and allow for appeals.

7. Training for students

Mandatory, interactive, training for all students on Sexual Misconduct and Harassment must be available from 1st August 2025. This will need to be designed and delivered by those with demonstrable experience. Consent, and Bystander Intervention training must also be offered and all new students will have an induction training session. The ability for University’s to provide online training for all students in order to meet the registration requirements as opposed to face-to-face or live delivered training as originally proposed suggests that the OfS has responded to sector feedback and concerns received during the consultation period.

8. Training for staff

All staff are expected to be trained on the contents of the Single Comprehensive Source of Information.

Staff who are likely to receive disclosures, or those who are involved in decision making, investigations, or support, will receive need specialist training delivered by those with demonstrable experience.

Staff must have the knowledge and skills to support students who wish to report, have alleged misconduct or are the alleged perpetrators.

9. Support for those affected

Support must be provided to students who:

• want to make an allegation
• have experienced harassment or sexual misconduct
• have been affected by harassment or sexual misconduct
• have witnessed harassment or sexual misconduct
• reported student perpetrators.

Students must be offered equal levels of specialist support. This extends from emotional support to practical support with reporting, and with academic support, such as Exceptional Circumstances.

10. Responsibility for compliance by partners

These regulations, policies, procedures, training, and capacities will also apply to partnership delivery arrangements within the UK and internationally, with the University responsible for compliance as the OfS registered higher education provider.

The condition applies in relation to students on higher education courses provided in any manner or form by, or on behalf of a provider including, but not limited to circumstances where a provider for granting awards to students registered with another provider.

Some points to consider

• Given the expanded OfS definition to include harassment does your university have suitable and sufficient staffing expertise to investigate, manage and support students reporting harassment and sexual misconduct, and what arrangements are in place to advise and support reported students?

• Does your university have an effective in person and online reporting tool which allows students to raise incidents anonymously? At our University we are replacing our current system for anonymous reporting with Report + Support, which is used widely across the sector and allows easier reporting and data analysis.

• What university wide training programme do you need to consider introducing if one is not already in place and how will you demonstrate the effectiveness of training for students?

• Does your University have mandatory training for all staff that could receive disclosures of harassment and sexual misconduct?

• Does your university have a fit for purpose Staff and Students Relationships policy which all staff are aware of and agreed management and governance reporting is in place?

• Does your university need to conduct an audit of partnerships in terms of existing arrangements that are in place for tackling harassment and sexual misconduct, identifying any gaps that exist recognising that with overseas partners consideration of legal and cultural differences will need to be carefully managed?

1. https://www.officeforstudents.org.uk/news-blog-and-events/press-and-media/new-ofs-condition-to-address-harassment-and-sexual-misconduct/ ↩︎

Skip past comments, to footer Skip past comments, to main