Ask the Expert: Meeting the new standards for addressing Sexual Misconduct and Harassment in Higher Education

Higher Education Institutions, and those who provide on their behalf, such as Further Education Colleges and those in other partnership arrangements, are focusing their attention on ensuring that they meet the mandatory new requirements addressing for Harassment and Sexual Misconduct.

The scope of the requirement is broad, covering: information provision, policies, reporting processes, training and its evaluation, response, investigation, support provision and reporting.

Training

Mandatory training programmes are required for all staff and students. The scope of training is beyond that which providers are likely to have had in place.

• For Students it covers all levels and all modes of study, whether face to face, distance learning and blended including UK as well as international. The volume of education delivery does not matter, all students at every level and mode of study are in scope.
  Sessions need to effectively communicate the behaviours which are not acceptable student to student and staff to student, and providers will also want to think about the potential vulnerability of students when in other settings, such as during placements.
• Staff sessions will need to make clear the need for complete professional distance between themselves and learners, as well as upskilling those who are recipients of reports of harassment and sexual misconduct, those who hold responsibility for investigation and those providing support. Staff need to have the knowledge and skills to be able to undertake these roles effectively and professionally taking a trauma informed approach. For some staff, this will be a new role requirement.

Student Support Services

In addition to ensuring that training is comprehensive and robust, professional services will need to assess their own readiness.

Those who are responsible for Student Support Services will need to undertake a readiness review of their provision ensuring that support for students affected covers academic, personal and practical considerations and how that support can be provided in the context of different modes of study.

HR

HR services will be focussing on ensuring that policies on staff-student relationships are up to date and effectively communicated. Staff need to be aware of the professional distance they must maintain so that boundaries are not crossed and relationships are not entered into. The focus will be on student protection and ensuring that prohibited practices such as non-disclosure clauses have been eliminated.

Investigation and decision-making processes will also need to be reviewed to ensure that they are fair, transparent and are aligned with principles of natural justice. Who undertakes such investigations will need clarity and how the disciplinary matters relating to staff, students and those who may find themselves in a hybrid position of being both a staff member and a student are dealt with and the efficacy of current procedures.

Monitoring and data

Providers will also need to review their monitoring arrangements for cases of harassment and sexual misconduct so that incidence and progress can be actively reviewed and further action taken should data indicate further measures.

Communication – a Single Comprehensive Source of Information

Information requirements have been specified and institutions must now maintain and publish a Single Comprehensive Source of Information (CSI) detailing all policies and procedures relating to harassment and sexual misconduct.

This must ensure that there is no room for doubt about expectations, including a clear policy on intimate personal relationships between staff and students; multiple reporting procedures and approaches, including anonymous reporting options together with clear information about the support mechanisms available for affected students.

There must be together detailed information about investigation and decision-making processes demonstrating fairness and transparency. The training requirements for staff and students must be outlined, so there is clarity about this aspect of the provider’s duty.

How In Equilibrium can help

We recognise that the comprehensive scope of these requirements and that internal provision may need to be augmented by external support in order to ensure that these requirements are fully met.

We have consultants and trainers who have deep experience of working in and with higher education providers, including in Student Support Services and HR. As such we are able to design and deliver bespoke training which is informed by a deep knowledge of the sector and, if required, offer targeted consultancy support.

Courses to help address sexual misconduct and harassment in higher education

Understanding Harassment and Sexual Misconduct for students: My responsibility
This can be delivered either in person or remotely. Covering behaviours which constitute harassment and sexual misconduct, including the international student context, cultural differences and core expectations.

Students will be supported to develop active bystander competence, be clear of reporting approaches, support mechanisms and what they can expect upon reporting a concern.

Understanding Harassment and Sexual Misconduct: My role
Targeted sessions for all staff, including those who would be First Responders, those who would have Specialist Response roles, such as Student Services, and Specialist Investigation training for those who will undertake investigations of reported incidents.

Consultancy
Our consultants can work alongside professional staff to temporarily augment internal profession resource and/or to review each of the elements of compliance.