Incoming new regulatory conditions have prompted English universities to take action on harassment but there are concerns that an ¡°uneven¡± response will be exacerbated by a lack of funding while ¡°tensions¡± with free speech policies have yet to be ironed out.

Months before the new Office for Students¡¯ (OfS) comes into force, universities are aiming to show they are serious about protecting students from harassment and sexual misconduct, after a rising number of incidents in recent years.

From 1 August, all providers registered with the regulator must publish and maintain policies and procedures that set out how they will allow students to report incidents, provide support for those affected and let students know how incidents will be handled.

The requirements also outline that universities must provide training to staff and students, and institutions were nudged into introducing bans on staff-student relationships, although an outright ban was not mandated.

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Anna Bull, senior lecturer in education and social justice at the University of York, said that while progress has been made, ¡°there¡¯s a danger that the patchy and uneven work in this area¡­might still lead to an uneven response, even after requirements come in due to the light-touch regulation from the OfS¡±.

But overall, Bull, a founder member of the 1752 Group, which campaigns to end sexual misconduct in universities, said that she ¡°welcomes the level of activity and preparation¡± being taken by universities, ¡°especially during the financial climate¡±.

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The University of Manchester has announced it has become one of the first universities in England to join a Scottish initiative, the EmilyTest, that provides a framework for providing support to victims of gender-based violence.

Along with four other universities, Manchester is working on a pilot that seeks to use the framework ¨C?which sets minimum standards in gender-based violence prevention, intervention and support ¨C to help universities comply with the new condition.

Manchester remains one of the universities still to permit staff-student relationships however, although it told Times Higher Education that it is currently reviewing this policy as part of this work.

Addressing sexual misconduct in higher education, part one: prevention

Meanwhile, the London School of Economics said that it has introduced a mandatory online training module for all staff and has worked with its Students¡¯ Union to redesign its consent education programme, which is a mandatory requirement for new students. It is also working with Rape Crisis South London and Survivors UK to offer students specialist support.

Bridget Steele, departmental lecturer in evidence-based intervention and policy evaluation at the University of Oxford, said that the OfS regulation is ¡°groundbreaking¡±. However, she said: ¡°We have to view these conditions in light of a university funding crisis, and that there¡¯s no additional funding that comes with this.¡±

She said: ¡°How can we expect universities to not just become compliant but really invest the time necessary to do an even better job at responding to sexual misconduct if you don¡¯t have any additional funds?¡±

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Cuts to professional service staff risk ¡°overburdening¡± university caseworkers assigned to deal with sexual misconduct, which could exacerbate staff mental health issues, she added.

Meeting the staff training requirement by offering online programmes may have advantages, but there are questions over to what extent students and staff will engage with the training ¡°or are they doing it just to tick a box¡±, Steele said.

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But overall, she was positive: ¡°The fact that the OfS has put in these conditions of registration is a huge step forward in taking sexual misconduct seriously, and I think some universities have been looking for that leadership from a regulator to provide that direction.¡±

However, legal experts advising universities have highlighted ¡°tensions¡± within the OfS¡¯ regulatory conditions, with parts of?the regulator¡¯s free speech work potentially coming into conflict with the sexual harassment policy.

The University of Sussex ¨C which has been fined for apparent free speech breaches, has said the ruling gives free rein to ¡°antisemitic, anti-Muslim, homophobic, racist, sexist, and anti-trans speech¡±.

An OfS spokesperson said: ¡°We know that harassment and sexual misconduct are significant issues for students, and our new regulation in this area seeks to ensure universities and colleges can better protect and support them.¡±

This work should not ¡°restrict lawful free speech¡±, the spokesperson added, but ¡°speech that amounts to unlawful harassment is not protected¡±.

¡°We will be sharing more guidance with the sector in advance of the new free speech duties due to come into effect later this year.¡±

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juliette.rowsell@timeshighereducation.com