The Office for Students (OfS) is an executive non-departmental public body which regulates English higher education. The OfS was established in 2018, merging the Higher Education Funding Council for England and the Office for Fair Access.
The OfS has launched a consultation “on a new approach to regulating harassment and sexual misconduct in English higher education”. The consultation runs until 4 May 2023.
The consultation makes seven proposals from A-G underpinned by a new ongoing condition of registration E6 (harassment and sexual misconduct), which would place regulatory requirements on all registered providers. The proposals are set out in full in the consultation, in summary they include:
- impose a requirement for providers to develop and publish a single document explaining its approach to tackling harassment and sexual misconduct (Proposal B).
- impose a requirement for providers to have the capacity and resources necessary to facilitate compliance with this condition (Proposal C).
- impose a requirement to comply with condition E6 in a manner consistent with the freedom of speech principles (Proposal D), and to prohibit the use of non-disclosure agreements relating to allegations of harassment or sexual misconduct involving a student, including the enforcement of existing non-disclosure agreements (Proposal E).
One proposal (F) includes as the OfS’s preferred option that universities and colleges maintain a register of personal relationships between staff and students to ensure better regulation of harassment and sexual conduct in higher education. The alternative option proposed is that a university or college take all reasonable steps to ban personal relationships between relevant staff and students. Relevant staff are defined as a member of staff who has direct or indirect academic responsibilities, in relation to a student.
In relation to both options under this proposal (F), the OfS suggest that any academic not disclosing personal relationships, or refusing to end them would be at risk of dismissal.
Susan Lapworth, the chief executive of the OfS, has emphasised the importance of these proposals for the proper and direct regulation of harassment and sexual conduct. She highlighted that the OfS is particularly “interested in views about relationships between staff and students.” The OfS recognises “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.”
The OfS’s proposals aim to ensure a consistent and robust approach across all English higher education institutions and that students identified as being in relationships with staff receive appropriate support throughout their time at the institution. The consultation has also suggested that although the proposal is to increase regulation, universities may elect to impose a complete ban on relationships between staff and students.
The University of Oxford is set to introduce a ban on “intimate or close personal relationships” between members of staff and students. Such a policy could relieve universities of many regulatory pressures and could also prevent staff from considering entering into such relationships in future.
However, it is unclear whether a ban would actually assist; staff who conduct themselves unscrupulously may be unfazed by the introduction of such a ban and students who enter into or are already in, relationships that are banned may be afraid to seek support, particularly if they feel they are in a controlling or coercive relationship. A ban could also instil in students a fear of facing disciplinary action if the existence of their relationship is exposed.
The consultation brings close personal relationships and conflicts of interest in the education sector into sharp focus and although not directly applicable to other employers, this consultation may influence other employers in adopting a more stringent policy or approach with regards to relationships in the workplace.