Changing the culture: tackling staff-to-student sexual misconduct

The aim of this guidance, and all our work on tackling harassment, is to change the culture of higher education. We need a culture that prevents sexual misconduct from happening. We must make sure that everyone in our universities is safe to learn, to work, and to achieve their full potential. 

How should universities use this guidance? 

It’s up to universities to decide how best to use this guidance to create change. We are asking universities to consider our recommendations alongside their legal and regulatory duties.  

The Strategic guide is designed to support vice-chancellors and governing bodies. It provides a summary of the problem and our high-level, strategic recommendations.

What does it recommend? 

The report recommends that institutions: 

• put clear policies in place to tackle staff-to-student sexual misconduct and ensure policies are understood and used across the whole university
• strongly discourage close personal relationships between staff and students. Where relationships do happen, the staff member should declare this and be removed from all responsibilities which could mean a conflict of interest  
• ban the use of non-disclosure agreements (NDAs) or confidentiality clauses in settlement agreements in sexual misconduct and harassment cases  
• encourage people to report concerns, with better support and protection for those who speak out, including those who prefer to do so anonymously
• collect and keep records on reports of staff-to-student sexual misconduct to help the sector see and understand the problem
• establish joined-up thinking across human resources and student services and ensure that staff and student policies and practices work together

Our practical guide for universities and their staff includes suggested actions to take to help universities meet our recommendations. 

Who is the guidance for?

The Practical guide should be read in conjunction with the Strategic guide. It is targeted at professional services staff including student services, people services/human resources, student complaints, discipline and conduct, security, and residential teams, and other operational staff; working with their students and student leaders, students’ and staff unions, victim-survivors, and specialist external organisations.

What does it recommend?

This guidance provides actions to support the delivery of high-level recommendations to address staff-to-student sexual misconduct, set out in our Strategic guide.

It is based on developing positive cultures within universities and with institutional/collaborative partners, underpinned by robust policies and procedures.

The guidance suggests actions and recommendations across four areas:

• culture
• policies and procedures
• practice
• data

The Evidence review provides evidence and information on the nature and scope of staff-to-student sexual misconduct and examples from universities supporting the assertions and recommendations included in the Practical guide.

The Legal briefing by lawyers Eversheds Sutherland sets out the legal and regulatory framework, with practical examples to illustrate implementation.

The guidance was developed by an advisory group chaired by Professor Cara Aitchison, Vice-Chancellor of Cardiff Metropolitan University.  

The group included representatives from the National Union of Students (NUS), GuildHE, professional and research bodies in the higher education sector (including AMOSSHE, ARC, UCEA, UHR and, UKRI), the staff trade union UCU, The 1752 Group, Rape Crisis South London, academics and expert policy advisers, and practitioners from across the sector in the field of gender-based violence.