​In recent years, the Office for Students (OfS) has intensified efforts to combat harassment and sexual misconduct (H&SM) within English universities. As of 31st July 2024, the OfS introduced a new condition of registration, known as Condition E6, which will come into force on 1st August 2025. This condition establishes formal regulatory obligations for Higher Education Institutions (HEIs) to address these critical issues. ​

Key Aspects of Condition E6

1. Single Comprehensive Source of Information: Universities are required to maintain a centralised and accessible document detailing all policies and procedures related to harassment and sexual misconduct. This must meet specific content and prominence requirements including how students, staff and other persons can anonymously report behaviour that may amount to harassment and/or sexual misconduct, ensuring clarity and accessibility for all students and staff.
   
2. Standardised Definitions: The condition mandates the use of clear definitions for "harassment" and "sexual misconduct." Specifically, "harassment" aligns with the meanings provided in section 26 of the Equality Act 2010 and section 1 of the Protection from Harassment Act 1997. "Sexual misconduct" encompasses any unwanted or attempted unwanted conduct of a sexual nature, including but not limited to sexual harassment, sexual assault, and rape.
   
3. Resource Allocation: HEIs must allocate sufficient capacity and resources to effectively meet the requirements of Condition E6. This includes ensuring that staff involved in handling H&SM cases are adequately trained and that support services for affected students are robust and accessible.
   
4. Freedom of Speech and Academic Freedom: Compliance with Condition E6 must be balanced with the principles of freedom of speech and academic freedom. Universities are expected to ensure that their policies do not unduly restrict lawful free speech, maintaining a careful balance between protecting individuals from misconduct and upholding academic freedom.
   
5. Ban on Non-Disclosure Agreements (NDAs): Effective from 1 September 2024, universities are prohibited from using NDAs to prevent students from disclosing information about harassment or sexual misconduct. This measure aims to promote transparency and empower survivors to speak out without legal constraints.
   
6. Intimate Personal Relationships Between Staff and Students: Universities are required to implement measures to protect students from potential conflicts of interest and abuses of power arising from intimate personal relationships with staff. While the OfS suggests that a ban on such relationships could be an effective measure, institutions have the discretion to adopt alternative approaches that are appropriate for their specific contexts.
   
7. Mandatory Training: HEIs must provide effective, evidence-based training on H&SM and consent for both staff and students, delivered by those with credible expertise. This training should enhance understanding of what constitutes harassment and sexual misconduct, promote prevention strategies, and ensure that individuals are equipped to respond appropriately to incidents.
   

The Emphasis on Training

In addition to the condition, the OfS has emphasised the importance of training for staff and students. Universities will be expected to provide appropriate and effective training to prevent, identify, and respond to incidents of harassment and sexual misconduct in a proactive manner. This is not just a regulatory obligation but a moral imperative to create a safe and inclusive environment for everyone at the university. In the case of this condition, training will be the tangible, practical way to bring all of the OfS requirements into action.

Effective bystander training can empower staff and students to recognise and report inappropriate behaviour, while also ensuring they understand the impact of harassment and sexual misconduct on victims. Additionally, training can help staff members identify their own biases and prevent conflicts of interest.

By implementing comprehensive policies, allocating resources, banning NDAs, maintaining a relationships register, and providing effective training, universities can create a safe and supportive environment for all members of their community. Through our work with universities, we see an increasing focus on meeting the condition of registration while creating a culture where everyone feels respected and valued.

As the landscape of handling H&SM in universities evolves, it's essential for institutions to stay informed and prepared. If you’d like to learn more about what other HEIs in England are doing in preparation, let us know – together, we can navigate the changing terrain and work towards a future where every student feels safe and supported.

Looking Ahead

As the implementation date of 1 August 2025 approaches, universities must proactively review and, where necessary, enhance their policies, procedures, and support systems to ensure full compliance with Condition E6. This includes engaging with students and staff to foster a safe and inclusive environment that not only meets regulatory requirements but also embodies the values of respect and dignity for all members of the university community.

About GoodCourse

Universities use GoodCourse to improve student outcomes by delivering impactful training courses, built for today’s learners — by pairing social-style content with expert research.

From preventing sexual harassment to learning how to be active bystanders, universities use GoodCourse to provide student and staff populations with the tools to build safer, more inclusive campuses.

Talk to a member of our team today to learn about how other universities are improving student outcomes, student safety, and preparing to meet this new condition of registration.