The Office for Students (OfS) is the independent regulator for higher education providers in England. Its role is to ensure that students receive a high-quality educational experience and are protected from risks that could impact their wellbeing, safety, or ability to succeed. In response to growing concerns about harassment and sexual misconduct within higher education settings, the OfS introduced Condition E6, a regulatory requirement that places clear obligations on universities and colleges to prevent, address, and respond to these issues.
Harassment and sexual misconduct have long been recognised as significant issues across the higher education sector. Students who experience these behaviours can face serious emotional, academic, and personal consequences, yet reporting levels have historically remained low. The introduction of Condition E6 reflects a shift towards a more proactive and preventative approach, requiring institutions not only to respond effectively when incidents occur but also to take meaningful steps to reduce the likelihood of harm occurring in the first place.
Today, Condition E6 is an established regulatory requirement for registered higher education providers in England. Alongside obligations introduced through the Worker Protection (Amendment of Equality Act 2010) Act 2023, it forms a key part of the UK’s wider approach to tackling harassment, sexual misconduct, and abuse of power in educational and workplace settings. This guide explains what Condition E6 requires, how institutions can comply, and what best practice looks like in practice.
What is OfS Condition E6?
Condition E6 is the OfS’s condition of registration relating to harassment and sexual misconduct. It applies to registered higher education providers in England and covers incidents affecting students, including both staff-to-student and student-to-student conduct. The condition came fully into force on 1 August 2025.
The condition requires providers to:
- Maintain a single comprehensive source of information outlining policies and procedures.
- Publish clear reporting and support arrangements.
- Provide appropriate training.
- Take credible preventative measures.
- Restrict the use of non-disclosure agreements (NDAs).
- Address risks arising from staff-student relationships.
- Ensure transparency and accountability.
The OfS’s Role
The OfS regulates higher education providers registered in England. Through its conditions of registration, it sets expectations designed to protect students and maintain confidence in the sector. Condition E6 represents a more interventionist regulatory approach, moving beyond guidance and embedding requirements directly into registration conditions.
Why Was Condition E6 Introduced?
Condition E6 was introduced following years of concern about harassment and sexual misconduct in higher education and evidence that voluntary approaches alone were not driving sufficient change. An OfS consultation and evaluation of its 2021 Statement of Expectations concluded that stronger regulatory intervention was necessary.
What Compliance Looks Like
Compliance involves far more than publishing a policy. Institutions must be able to demonstrate that they actively prevent misconduct, provide effective reporting mechanisms, support affected individuals, train staff and students appropriately, and continuously review their processes.
A Shift Towards Proactive Prevention
A key theme throughout Condition E6 is proactive prevention. Universities are expected to identify risks, address cultural issues, and implement measures that make a significant and credible difference to student safety.
Research Findings: Why Condition E6 is needed
Research conducted by Revolt Sexual Assault and The Student Room found that 62% of students and graduates reported experiencing sexual violence at university. Despite this, only 6% reported their experience to their institution, and only 2% of those who reported were satisfied with the outcome.
These findings highlight a significant challenge for the sector: underreporting. Many students lack confidence in university reporting mechanisms or fear that their concerns will not be handled appropriately. In some cases, students may not even know how to report an incident.
Condition E6 seeks to improve institutional responses while also addressing the underlying causes of harassment and misconduct. The objective is not simply regulatory compliance but meaningful culture change. Universities are expected to foster environments where respect, safety, accountability, and transparency are embedded into everyday practice.
What Does OfS Condition E6 Require?
- Mandatory Training: Training is one of the most important aspects of Condition E6 compliance.
- Staff Training. Staff should understand:
- Harassment and sexual misconduct definitions.
- Reporting procedures.
- Professional boundaries.
- Trauma-informed responses.
- Appropriate support pathways.
- Student Training. Student training may include:
- Consent education.
- Respectful behaviours.
- Harassment awareness.
- Reporting processes.
- Support services.
- Refresher Training. One-off training is rarely sufficient. Regular refreshers help ensure knowledge remains current and demonstrate ongoing compliance.
- Bystander Intervention. Bystander intervention training empowers individuals to recognise inappropriate behaviour, intervene safely, and contribute to a culture where misconduct is challenged rather than ignored.
- Trauma-Informed Approaches. Training should help staff understand the impact trauma can have on reporting, memory, communication, and support needs, ensuring responses remain compassionate and appropriate.
- Policies: Condition E6 requires comprehensive and accessible policies.
- Harassment Policy: Policies should define harassment, provide examples, explain reporting options, and outline investigation procedures.
- Sexual Misconduct Policy. Providers should clearly explain prohibited conduct, rights and responsibilities, support arrangements, and disciplinary processes.
- Student Code of Conduct. Expected behavioural standards should be explicit, understandable, and consistently applied.
- Staff Code of Conduct. Staff codes should address professional duties, safeguarding responsibilities, and expected standards of behaviour.
- Reporting Procedures
- Reporting Routes. Students must have clear and accessible methods for making reports.
- Anonymous Reporting. Anonymous reporting options can encourage disclosures from individuals who may otherwise remain silent.
- Investigations. Universities should establish fair, transparent, and timely investigation processes.
- Student Support. Support should be available regardless of whether a formal complaint proceeds, including wellbeing services, academic support, and specialist referrals.
NDAs
What Changed? Condition E6 includes restrictions on the use of non-disclosure agreements relating to harassment and sexual misconduct complaints. The aim is to prevent institutions from silencing complainants or limiting discussion of experiences.
Practical Implications. Universities should review settlement agreements, contracts, and complaint-resolution procedures to ensure compliance.
Staff-Student Relationships.
- Conflicts of Interest.Intimate relationships may create actual or perceived conflicts of interest.
- Professional Boundaries. Institutions must maintain clear professional boundaries that protect students from abuse of power.
- Disclosure Requirements. Providers should establish clear disclosure procedures where relationships could affect decision-making, supervision, assessment, or welfare arrangements. The OfS specifically requires providers to take credible steps to manage these risks.
Publication and Transparency Requirements
A central feature of Condition E6 is the requirement for a single comprehensive source of information covering harassment and sexual misconduct policies, procedures, support, training, and reporting arrangements.
Institutions should ensure:
- Information is easy to locate.
- Content uses student-friendly language.
- Policies remain accessible throughout the year.
- Changes and historical versions are transparent.
- Information is regularly reviewed and updated.
- Governance bodies maintain oversight.
Transparency around investigations, support services, and institutional responsibilities is essential for building trust and confidence among students.
Implementing OfS Condition E6
Successful implementation typically includes:
- Reviewing existing policies.
- Updating procedures.
- Rolling out training.
- Reviewing contracts and settlement agreements.
- Strengthening staff-student relationship policies.
- Balancing compliance with freedom of speech requirements.
Practical Implementation Advice
Governance: Assign clear oversight responsibilities.
Leadership Ownership: Senior leadership should visibly support compliance efforts.
Cross-Department Collaboration: HR, student services, legal teams, safeguarding staff, academic departments, and students’ unions should work together.
Monitoring: Collect and analyse reporting data.
Internal Audits: Periodically assess policies, training completion rates, case management processes, and support arrangements.
The Worker Protection Act and Higher Education
The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduced a proactive duty on employers to take reasonable steps to prevent sexual harassment of employees in the workplace. This duty came into force in October 2024. Universities, as employers, must therefore take active measures to prevent sexual harassment affecting staff.
The legislation encourages organisations to move beyond reactive responses and focus on prevention through:
- Training.
- Risk assessments.
- Policy development.
- Leadership accountability.
- Workplace culture improvement.
For universities, the Worker Protection Act complements Condition E6. While E6 focuses on protecting students, the Worker Protection Act focuses on protecting workers. Together, they support a comprehensive approach to prevention and response.
OfS Condition E6 vs Worker Protection Act
| Area | OfS Condition E6 | Worker Protection Act | Best Practice |
| Scope | Student-focused | Staff-focused | Integrated approach |
| Students | Primary protection | Indirect impact | Include students in prevention strategy |
| Staff | Staff conduct covered | Primary protection | Consistent standards |
| Third Parties | Can affect students | Third-party harassment risks | Risk management processes |
| Policies | Mandatory publication requirements | Prevention-focused policies | Unified framework |
| Training | Staff and student training | Staff training expected | Audience-specific programmes |
| Reporting | Student reporting systems | Employee reporting systems | Multiple reporting channels |
| Governance | Regulatory compliance | Employment compliance | Board oversight and reviews |
Reasonable Steps Universities Can Take
Examples of reasonable preventative measures include:
- Mandatory training programmes.
- Leadership and manager training.
- Anonymous reporting tools.
- Regular policy reviews.
- Risk assessments.
- Ongoing staff communications.
- Student induction sessions.
- Contractor and supplier expectations.
- Third-party risk management procedures.
- Monitoring trends through complaints data.
- Awareness campaigns and culture-change initiatives.
Implementing multiple measures provides stronger evidence that institutions are taking prevention seriously.
The Role of Training in Compliance
Training is often one of the clearest ways to demonstrate compliance.
Effective programmes should:
- Address different audience needs.
- Include refresher training.
- Maintain attendance records.
- Measure understanding and behavioural change.
- Be reviewed and updated regularly.
For example, frontline student support staff may require specialist trauma-informed training, whereas students may benefit more from consent education and bystander intervention programmes.
Training records are particularly important because they provide evidence of compliance during audits, reviews, or regulatory scrutiny.
Common Challenges for Universities
Universities often face several practical challenges when implementing Condition E6:
- Balancing free speech obligations.
- Building student confidence in reporting.
- Managing anonymous complaints.
- Maintaining consistency across multiple campuses.
- Applying standards at overseas campuses.
- Managing third-party events and partners.
- Addressing resource and staffing pressures.
- Ensuring consistent decision-making across departments.
A structured implementation roadmap may include:
Recognising these challenges early allows institutions to develop strategies that reduce risk and improve outcomes.
Best Practice Framework
1. Leadership Commitment
Establish clear executive sponsorship and accountability.
2. Policy Review
Review and update all relevant policies and procedures.
3. Training
Deliver role-specific training across the institution.
4. Reporting Mechanisms
Provide accessible, confidential, and well-publicised reporting routes.
5. Investigations
Maintain fair, transparent, and trauma-informed processes.
6. Monitoring
Track incidents, trends, and training completion.
7. Continuous Improvement
Use evidence and feedback to strengthen systems over time.
Continuous Improvement
Compliance is not a one-time exercise. Institutions should:
- Conduct annual policy reviews.
- Gather student feedback.
- Run staff surveys.
- Undertake compliance audits.
- Report regularly to governing bodies.
- Update training materials.
- Review lessons learned from incidents and investigations.
Continuous improvement helps institutions remain aligned with evolving regulatory requirements and sector expectations.
How ICENA Training & Consultancy Helps Higher Education Establishments
Here’s how ICENA can support your organisation:
- Sexual Harassment In The Workplace Training Course
- Preventing And Responding To Sexual Harassment and Misconduct In The Workplace Course
- Understanding your Legal Responsibilities around Sexual Harassment in the Workplace
- Being an Active Bystander – Preventing Workplace and Third-Party Harassment
Frequently Asked Questions
What is OfS Condition E6?
A condition of registration requiring higher education providers to prevent and respond effectively to harassment and sexual misconduct affecting students.
Who does it apply to?
Registered higher education providers in England and the students studying on their courses.
Does it apply to students and staff?
Yes. It covers student-to-student and staff-to-student conduct.
What is the Worker Protection Act?
Legislation requiring employers to take reasonable steps to prevent workplace sexual harassment.
What are reasonable steps?
Actions that proactively reduce the risk of harassment occurring, such as training, reporting systems, policy reviews, and risk assessments.
Do universities have to provide training?
Yes. Training forms a key part of demonstrating compliance and prevention efforts.
What reporting mechanisms are required?
Institutions should provide clear, accessible reporting routes, alongside information about support and investigation processes.
What happens if an institution doesn’t comply?
The OfS can take regulatory action against registered providers that fail to meet their conditions of registration.
OfS Condition E6 represents a significant step forward in protecting students from harassment and sexual misconduct in higher education. Compliance requires more than policy documentation; it requires proactive prevention, effective reporting, meaningful support, transparency, leadership commitment, and continuous improvement.
When combined with the Worker Protection Act, universities have an opportunity to create safer environments for both students and staff. Institutions that embed prevention into their culture, regularly review their approaches, and invest in training and support will be best placed to meet regulatory expectations while building safer, more inclusive learning communities.
