The Office for Students (OfS) has introduced new guidance to help universities address harassment and sexual misconduct more effectively, outlining clearer expectations for institutions across the sector. In this article, we explore what these changes mean and how ICENA can support your organisation on the path to compliance and meaningful cultural change.
Definition & Scope: Condition E6 Legislation Change
Condition E6 is the new regulatory requirement introduced by the Office for Students (OfS) to address harassment and sexual misconduct in higher education. It sets out a formal expectation for universities and higher education providers to take meaningful, proactive steps to prevent and respond to such incidents.
This condition applies broadly to all forms of harassment and sexual misconduct, including staff-to-student and student-to-student cases. It requires providers to implement robust, trauma-informed systems that centre the needs and safety of those affected.
Condition E6 comes into force on 1 August 2025 and will apply to all higher education courses and registered providers in England, regardless of size or structure. Institutions will need to demonstrate that they are meeting these new expectations through policy, training, reporting mechanisms, and cultural change efforts.
This marks a significant shift — not just in regulatory terms, but in how universities are expected to prioritise safety, accountability, and student wellbeing.
Why is this change so vital?
According to research by Revolt Sexual Assault, in partnership with The Student Room, almost two-thirds (62%) of students and graduates have experienced sexual violence at UK universities. Alarmingly, only 6% reported their experience to their university, and of those who did, only 2% were satisfied with the reporting process. These statistics highlight a significant gap in support and protection for students, underscoring the urgent need for universities to take decisive action.
Key Requirements Under OFS Condition E6
Condition E6 introduces a set of clear, enforceable responsibilities for higher education providers, centred around prevention, support, and accountability.
- Mandatory training for staff and students: All institutions must deliver regular, meaningful training on recognising, preventing, and responding to harassment and sexual misconduct. This includes training on consent, bystander intervention, and trauma-informed responses. ICENA offers tailored OfS-aligned training solutions designed to help your institution meet these new standards effectively and sensitively.
- Publish comprehensive policies and reporting information: Universities must ensure policies are publicly available, easy to find, and written in clear language. Reporting procedures must be transparent and survivor-centred, outlining what students can expect when coming forward.
- Ban on the use of non-disclosure agreements (NDAs): From 1 September 2024, NDAs must no longer be used to silence survivors in cases involving harassment and sexual misconduct. This change promotes transparency and protects survivors’ right to speak out.
- Prevent abuse of power in staff–student relationships: Providers must take steps to manage and reduce risks related to imbalanced relationships, including developing clear policies and expectations around staff conduct, declarations of interest, and institutional oversight.
Requirements for Publication & Transparency
Condition E6 requires providers to share information in a more accessible and centralised format, ensuring students and staff know exactly where to go for help.
- One comprehensive source of information: Rather than a single document, institutions must create a clear, accessible platform that brings together all relevant information on harassment and sexual misconduct. This central resource should be visible, up to date, and student-friendly.
- Meet minimum content requirements: This includes outlining how to report, what support is available, details of investigation procedures, and examples of preventative action being taken. Institutions must go beyond policy publication and demonstrate real, credible steps to prevent harm.
- Transparency in investigation and support processes: Students must be able to understand what happens when a report is made, what support they can access, and what outcomes are possible. Clarity and compassion must be at the heart of every stage of the process.
Practical Implications for Higher Education Institutions
Meeting the expectations of Condition E6 will require coordinated action across departments, leadership, and support services. Institutions should begin preparations now to ensure full compliance by the implementation date.
- Audit existing policies and roll out training: Review and revise all relevant safeguarding, misconduct, and student support policies to align with the new standards. Training should be prioritised for staff and students ahead of the August 2025 deadline.
- Update contracts and remove NDAs: Legal and HR teams must ensure contracts and agreements are updated to reflect the ban on NDAs and the required behavioural standards for staff.
- Review staff–student relationship policies: Universities should introduce or strengthen policies on staff–student relationships, including disclosure requirements, boundaries, and safeguarding procedures.
- Align harassment policies with free speech obligations: Institutions must carefully balance their duty to protect students from harm with their legal responsibilities around academic freedom and lawful expression. Clear guidance and consistent application will be essential.
Key Takeaways from the OfS Guidance:
The new guidance builds on previous sector commitments but introduces stricter measures to hold institutions accountable. Universities must:
- Develop clear, survivor-centred, and trauma-informed policies and procedures: Make these easily accessible, transparent, and prominently advertised around the university. This is critical when 29% of students don’t even know how to make a report to their university.
- Strengthen reporting mechanisms: Ensure students and staff know how to report harassment and misconduct through confidential and effective processes. Policies should set out transparent, easily accessible, and robust reporting mechanisms. Anonymous reporting is crucial because it:
- Captures complaints that might otherwise go unreported – only 10% of respondents reported their experiences to either the university or police.
- Provides reporters with information about available support and safeguards.
- Allows the university to take action even if a formal investigation isn’t pursued.
Cultural change takes time, but it is vital to maintain consistent responses to harassment. Every report should be met with a response that fully adheres to the robust processes outlined in university policies.
- Provide robust, context-specific training: Staff and students should receive training on recognising and responding to harassment, with a focus on supporting survivors and bystander intervention. This is essential given that 51% or respondents felt there was a lack of understanding about consent at their university.
- Monitor and evaluate responses: Collect and analyse data on harassment reports to ensure accountability and continuous improvement. Accountability and transparency are key. Now that standards have been communicated and processes established, monitoring and evaluation are necessary to assess effectiveness. Consider creating a transparent system for how reports are managed and resolved, highlighting the benefits of accountability.
A Survivor-Centred and Trauma-Informed Future:
At its core, this guidance is about empowering survivors and shifting campus culture for the better. Universities now have an opportunity to create environments that:
- Adopt trauma-informed practices: Staff should be trained to understand trauma responses, communicate with empathy and care, and enable survivors to feel valued, safe, and empowered without retraumatisation.
- Prioritise safety and support: Survivors should have access to specialist services, counselling, and academic adjustments without unnecessary barriers. This is crucial, as 25% of students reported skipping lectures or changing mondules to avoid their perpetrators with 16% even suspending their studies or dropping out.
- Respect survivor choices and empower them with control: Survivors should be supported in making informed decisions without feeling pressured to report formally.
- Empower the individual: Ensure survivors feel in control of the dialogue and decisions they make.
- Informed choices: Survivors should be informed about all their options, including disclosing without making an official report.
- No obligation to report: Survivors should know that they are not obligated to report the incident and can still access support for their wellbeing.
Seizing the Opportunity: Challenges and Exciting Opportunities
The road ahead may require significant policy shifts and cultural change, but the potential to transform lives is immense. Yes, this will require effort, resources, and institutional commitment. But this is more than a policy shift – it’s an opportunity to create lasting, meaningful change. By stepping up now, universities can build safer, more inclusive spaces where survivors are heard, respected, and supported. We encourage you to move beyond compliance to actively prevent harm, ensuring a safe and inclusive campus environment.
An Exciting Time for Higher Education
This is an exciting time for higher education. The new OfS guidance isn’t just a set of rules – it’s a call to action. It’s an invitation to rethink how we support students, build a culture of respect and accountability, and ensure that no one suffers in silence. At ICENA, we’re here to help every step of the way. Whether you need training, policy guidance, or cultural change strategies, we’re ready to support your institution in making this transformation a reality. Let’s seize this opportunity together!
All statistics in this blog post were taken from research by Revolt Sexual Assault, in partnership with The Student Room: https://revoltsexualassault.com/research/
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