“Universities use non-disclosure agreements for many purposes, including the protection of commercially sensitive information related to university research. However, we also expect senior leaders to make it clear that the use of confidentiality clauses to prevent victims from speaking out will not be tolerated. All staff and students are entitled to a safe experience at university and all universities have a duty to ensure this outcome.
“UUK will be publishing comprehensive guidance for universities on sexual misconduct in the autumn and this will cover the use of confidentiality clauses. This guidance will be the result of detailed work by an advisory group brought together by UUK, involving stakeholders such as the 1752 group and the NUS. We are also engaged with the current government consultation on confidentiality clauses.
“It’s important to note that a confidentiality clause will usually be one part of a wider settlement agreement that has been negotiated between two parties and, crucially, the signing of an agreement containing such a clause does not prevent staff or students from reporting criminal acts to the police or regulatory bodies, or from making a disclosure under The Public Interest Disclosure Act 1998.”
