Everyone involved with the higher education (HE) sector in England will welcome the arrival of the Office for Students’ (OfS) forthcoming guidelines on dealing with cases of harassment and sexual misconduct.

There has to be a standard approach across institutions (or there would continue to be serious anomalies, areas where going to the police is the only option, and others where responding parties are subject to severe sanctions from the beginning). And for the sake of reporting students, the respondents — and the staff expected to step up and manage highly sensitive and complex cases — there needs to be a more professional framework for investigations. 

Higher levels of harassment and sexual violence

The OfS consultation flagged the high levels of harassment and sexual violence on campuses compared with other sectors. What seems to be happening is that more students are willing to speak up than in the past — more people are willing to report problems and concerns and believe they will be listened to. They expect a professional response from their institution. 

While the OfS guidelines will be a hugely valuable foundation, there are two particular areas that need to be addressed for a new system to be effective and gain the full trust and confidence of those involved. One is consideration of the need for a trauma-based approach. In other words, internal teams involved with dealing with harassment and sexual misconduct cases need training and experience in working with and supporting people going through a form of trauma — and that includes the reporting student, the respondent and potentially any witnesses.  This kind of approach will be essential to minimising stress and making sure the fullest picture of events is being pieced together and understood. 

While the standards will raise expectations around the process, not all institutions, particularly the smaller ones, will have the dedicated resources needed. And that’s where universities will need to make sure they have access to the experience of external expertise as part of their response, including outsourcing to teams who are well versed in handling such complaints.  

Problems for the reporting student and respondent

The other question is around liaising with the police. For the moment, once a case is reported to the police their investigation, naturally, has ‘primacy’. In practice though this can lead to problems for the reporting student and respondent, who can be subject to severe anxiety and sanctions while the police investigation is carried out (which may take months or years).

If a police case is dropped, only then is the institution’s own investigation able to move forward. Greater liaison and the opportunity for a university to undertake its own conversations would go some way towards avoiding unnecessary strains and damage to people’s reputations. 

Like employers, HE has a ‘duty of care’ when it comes to its students — except there’s a far more challenging combination of circumstances: young people away from home, living closely together, the prevalence of alcohol in their everyday lives. A sensitive and watertight approach to dealing with cases and investigations has become a critical part of good HE management as a whole — and ensuring a positive student experience. 

Most importantly, clear guidelines and a new professionalism within institutions will also help act as a deterrent to inappropriate behaviours, heightening awareness and clarifying ideas around the all-important issue of consent.

Ele Wilson, Head of Investigation, CMP.  

Photo by Özgül Bendes