Category: sexual harassment

  • Sexual misconduct data is coming – here’s what universities should do to prepare

    Sexual misconduct data is coming – here’s what universities should do to prepare

    In 2024, the Office for Students (OfS) launched a pilot survey asking UK students about sexual misconduct during their time in higher education.

    For the first time, there is now a national attempt to capture data on how widespread such incidents are, and how effectively students are supported when they come forward.

    The release of the survey’s results will be a moment that reflects a growing reckoning within the sector: one in which the old tools and quiet handling of disclosures are no longer fit for purpose, and the need for culture change is undeniable.

    This new initiative – known as the Sexual Misconduct Survey (SMS) – ran as a supplement to the National Student Survey (NSS), which since 2005 has become a familiar, if evolving, feature of the higher education calendar.

    While the NSS focuses on broad measures of the student experience, the SMS attempts to delve into one of its most difficult and often under-reported aspects – sexual harassment, violence, and misconduct.

    Its arrival comes against the backdrop of high-profile criticisms of university handling of disclosures, including the misuse of non-disclosure agreements (NDAs), and a new OfS regulatory condition (E6) requiring institutions to take meaningful steps to tackle harassment.

    Understanding the SMS

    The Sexual Misconduct Survey collects both qualitative and quantitative data on students’ experiences. It examines the prevalence of misconduct, the extent to which students are aware of reporting mechanisms, and whether they feel able to use them. Its core aim is clear – to ensure students’ experiences are not just heard, but systematically understood.

    Previous, disparate studies — many led by the National Union of Students and grassroots campaigners — have long indicated that sexual misconduct in higher education is significantly under-reported. This is especially true for marginalised groups, including LGBTQ+ students, Black and disabled students, and students engaged in sex work. The SMS marks an attempt to reach further, with standardised questions asked at scale, across providers.

    Despite its intention, the SMS is not without issues. A key concern raised by student support professionals is the opt-out design. Students were automatically enrolled in the survey unless they actively declined – a move which risks retraumatising victim-survivors who may not have realised the nature of the questions until too late.

    Timing has also drawn criticism. Coming immediately after the exhaustive NSS — with its 26 questions and optional free-text fields — the SMS may suffer from survey fatigue, especially during an already intense period in the academic calendar. Low response rates could undermine the richness or representativeness of the data gathered.

    There are also complex ethical questions about the language used in the survey. In striving for clarity and precision, the SMS employs explicitly descriptive terminology. This can potentially open up difficult experiences unrelated to higher education itself, including childhood abuse or incidents beyond university campuses. Anonymous surveys, by nature, can surface trauma but cannot respond to it — and without parallel safeguarding or signposting mechanisms, the risk of harm increases.

    Lastly, the handling of disclosures matters. While survey responses are anonymous, students need to trust that institutions — and regulators — will treat the findings with sensitivity and respect. Transparency about how data will be used, how institutions will be supported to act on it, and how students will see change as a result is essential to building that trust.

    What to do next?

    The data from the pilot survey will be shared with institutions where response rates and anonymity thresholds allow. But even before the results arrive, universities have an opportunity — and arguably a duty — to prepare.

    Universities should start by preparing leadership and staff to anticipate that the results may reveal patterns or prevalence of sexual misconduct that are difficult to read or acknowledge. Institutional leaders must ensure they are ready to respond with compassion and commitment, not defensiveness or denial.

    Universities should be prepared to review support systems and communication now. Are reporting tools easy to find, accessible, and trauma-informed? Is the student community confident that disclosures will be taken seriously? These questions are important and there is potential for the survey to act as a prompt to review what is already in place as well as what might need urgent attention.

    Universities should also engage students meaningfully. Institutions must commit to involving students — especially survivor advocates and representative bodies — in analysing findings and shaping the response. The worst outcome would be seeing the SMS as a tick-box exercise. The best would be for it to spark co-produced action plans.

    When data is released, institutions avoid the urge to benchmark or downplay. Instead, they should be ready to own the story the data tells and act on the issues it raises. A lower prevalence rate does not necessarily mean a safer campus; it may reflect barriers to disclosure or fear of speaking out. Each result will be different, and a patchwork of responses is no bad thing.

    Finally, it is important to look beyond the numbers and see the person. Qualitative insights from the SMS will be just as important as the statistics. Stories of why students did not report, or how they were treated when they did, offer vital direction for reform and should be something which university leaders and policy makers take time to think about.

    This is only the first year of the SMS, and it is not yet clear whether it will become a permanent feature alongside the NSS. That said, whether the pilot continues or evolves into something new, the challenge it presents is real and overdue.

    The sector cannot afford to wait passively for data. If the SMS is to be more than a compliance exercise, it must be the beginning of a broader culture shift – one that faces up to what students have long known, listens without defensiveness, and builds environments where safety, dignity, and justice are non-negotiable.

    Lasting change will not come from surveys alone. Asking the right questions — and acting with purpose on the answers — is a critical start.

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  • Here’s how institutions are faring in handling harassment and sexual misconduct complaints

    Here’s how institutions are faring in handling harassment and sexual misconduct complaints

    Evidence suggests that significant numbers of students experience or are affected by harassment and sexual misconduct each year. Yet student complaints to the Office of the Independent Adjudicator (OIA) about harassment and sexual misconduct have historically formed a very small proportion of our overall caseload.

    The number of complaints about harassment and sexual misconduct we have received has been rising slowly but steadily in recent months. This may in part be a result of greater visibility at providers about mechanisms to disclose, such as “report and support” tools. This is a positive step, but there is more to be done to raise students’ confidence in how their providers can respond to reports.

    Today we have published ten case summaries and a casework note on harassment and sexual misconduct, highlighting some key issues for providers to consider when addressing complaints. Although these examples focus on sexual misconduct, the broad principles of good practice can apply across other forms of harassment.

    Taking reports seriously

    Our recent casework shows that some providers are demonstrating, via the disciplinary action they take against students reported for harassment and sexual misconduct, how seriously they view breaches of their codes of conduct. We’ve seen providers taking swift action to investigate, make findings and apply penalties. In some cases, we have seen well-reasoned and documented decisions and clearly explained outcomes.

    However, we have upheld a high proportion of the complaints we have reviewed about harassment and sexual misconduct. We have identified procedural errors and unfairness that have significantly undermined the value of the process for reporting students, and the validity of findings made against reported students.

    Overall, providers seem to have more confidence in addressing the disciplinary aspect of these complaints. Disciplinary processes are usually well established and are supported by guidance and tools such as classification of the severity of any breaches of a code of conduct and accompanying tariffs of penalties.

    There is less certainty and consistency of approach across the sector in responding to the reporting student. There may be fine nuances between a disclosure, a report or a complaint about harassment and sexual misconduct, and the manner of response to each might be slightly different. Many providers intend to be led by the reporting student’s needs, which is an admirable principle – but not always effective if the student has not been clearly informed about the options available to them and the differences between these routes.

    Sharing an outcome

    In several cases, providers haven’t understood that informing a reporting student that a disciplinary process has taken place is not a complete outcome.

    Providers need to consider how they can support students and lessen the impact upon them of the harassment or sexual misconduct they have experienced. This is especially important when the report concerns the conduct of a member of staff. In our experience, providers have tended to be more transparent about incidents between two students than they have been when a member of staff is involved.

    While providers have particular responsibilities to their employees that may be different to the obligations they have towards students, the imbalance of power makes it even more important that students understand how their complaint has been investigated and what will happen next.

    Gathering and probing evidence

    We recognise that complaints about harassment and sexual misconduct are often complex, and may involve events that unfold over a period of time, multiple incidents or involve numerous individuals. There can be constraints because of concurrent police action, which may not result in a clear outcome for several months. Cases may involve claims and counter-complaints, or turn on the credibility of the parties on nuanced issues such as consent.

    Our experience suggests that in some cases, decision makers have not fully understood the importance of moving carefully through a process that genuinely gives all parties an opportunity to tell their own story and allows for gaps and inconsistencies to be explored. It is right that all parties in these processes must be treated with respect, with kindness, and with an awareness of the impact that re-visiting an experience of harassment or sexual misconduct may have.

    But panel members who must test evidence appear to feel constrained in asking questions. Trying to re-examine or gather additional evidence at a later date can place an undue burden on all parties and prevent individuals from moving forward.

    Consultation on a new section of the Good Practice Framework

    The increased focus on tackling harassment and sexual misconduct across the sector – including the new E6 OfS regulatory condition that applies to some of the providers in our membership – is to be welcomed. The emphasis on clear information that is easy to access, and on well-resourced training for both staff and students may go some way to addressing some issues we have seen in complaints.

    In 2025, we will consult on a new section of the Good Practice Framework addressing these complex issues. It will build on the learning we have identified from our rising volume of casework. Our intention will be to draw together in one place the principles that apply to complaints about harassment and misconduct.

    We look forward to engaging with the sector to benefit from the extensive expertise of hands-on practitioners, to make this as useful a resource as possible. If you’d like to feed in at an early stage, please get in touch with us at outreach@oiahe.org.uk.

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