Prevent and address harassment and sexual misconduct

Universities and colleges must explain the steps they take that are designed to make a 'significant and credible' difference in protecting students from harassment and sexual misconduct.

The most suitable steps will depend on the context of the provider and the nature and severity of the issues it faces.

When a provider is considering the steps to take, it might undertake some of the following activities, but these are only examples and not exhaustive:

• consulting with students and their representatives to ensure policies are appropriate for the provider's particular student population
• collecting and publishing data on the prevalence and reporting of harassment and sexual misconduct
• carrying out credible and evidence-based evaluation of policies and processes and reviewing and adjusting the approach.

Higher education providers must make sure they inform students about their policies so that students understand them.

Examples of how a provider could do this include:

• mandatory training for all students
• training for potential witnesses of sexual misconduct
• training on sexual consent.

Providers must also train their staff appropriately so that they understand and follow the provider's policies and procedures.

Examples of how they could do this include:

• mandatory training for certain staff on receiving disclosures about incidents of harassment and sexual misconduct
• mandatory training relating to freedom of speech principles.

Providers should underpin all training with credible evidence and make sure they evaluate how effective it has been.

Providers must explain how students will be supported if they:

• wish to make an allegation or complaint
• have experienced harassment or sexual misconduct
• are actual or alleged perpetrators.

This could include targeting support at students in these particular circumstances.

It could also include:

• signposting students who have experienced harassment or sexual misconduct to personal or counselling services
• tailoring support to students with different needs, including those with needs affected by protected characteristics
• providing the support at appropriate times, such as before, during or at the outcome of, an investigation
• signposting academic support where a student's academic experience has been affected.

Providers must set out how students, staff and anyone else can report behaviour which may amount to harassment and/or sexual misconduct.

This could include:

• publishing clear information about where and how a report can be made
• a range of mechanisms for making a report, including in-person and online
• anonymous reporting mechanisms so long as they do not have a negative effect on free speech
• removing any actual or perceived barriers to making a report.

Providers must include information about how they will handle the information they receive sensitively and fairly.

This could mean that the provider:

• collects the information sensitively and treats it with appropriate confidentiality
• handles the information according to data protection legislation
• makes sure that students understand how information they disclose may be used.

Where a provider investigates an incident it should make sure that the decisions it reaches are credible, fair and reflect 'principles of natural justice'.

A provider could achieve this by having a policy that makes the circumstances in which it would carry out an investigation clear.

It could also meet the requirement by having clear, accessible and explicit information about:

• the investigatory process
• the circumstances in which it would carry out an investigation
• the decision-making process
• timescales for investigation and decision-making
• the range of possible actions that an investigation or decision could lead to
• any appeal mechanisms
• the freedom of speech complaints scheme.

The provider should explain how it will make sure that when it reaches a decision it informs those directly affected by it and includes the reason for the decision.

The provider should also explain how it will identify those who are directly affected. This might include those who have experienced an incident, those who are alleged or actual perpetrators, or other individuals.

The information published must be prominent, public and clear.

It must be available on an area of the provider's website that students or prospective students can access easily.

Where the content of the information changes, providers must make this clear. Historical versions of the information must be easily accessible for as long as they are relevant.

Universities and colleges must also publish a clear statement about this information and how to access it. They should:

• communicate this statement to staff and students at least once each calendar year
• include it in the main documents the university or college uses to promote its services (for example, a prospectus)
• include it in information about rules, policies and procedures for staff and students (for example, staff and student handbooks)
• make it clear if different versions of their comprehensive source of information exist and if they apply to particular types of people or in particular circumstances (for example, to particular cohorts of student).