Victims of sexual harassment in universities should no longer be hit with Non-Disclosure Agreements (NDAs), says a new pledge backed by universities, campaigners, and the government.
The pledge commits universities to not use legally-binding NDAs against students and staff who report abuse and, on January 18th, six university vice-chancellors signed up to the pledge at the launch event.
A 2020 BBC News investigation found that nearly one third of universities had used NDAs to resolve student complaints. This involved over 300 individual NDAs, although GOV.UK reports that the true figure is expected to be higher.
Michelle Donelan, Minister for Higher and Further Education said that sexual harassment is ‘horrendous’ and complainants ‘should never be bought or bullied into silence simply to protect the reputation of their university.’
Donelan said: ‘The use of Non-Disclosure Agreements to buy victims’ silence is a far cry from their proper purpose, for example to protect trade secrets. I am determined to see this shabby practice stamped out on our campuses, which is why last year I wrote to vice-chancellors making my position clear.’
Explaining NDAs
A NDA is a legal contract which sets out how you share information or ideas in confidence. They are sometimes referred to as “confidentiality agreements,” and essentially stop people from sharing private information.
‘Several university leaders have signed a new moral contract to end the use of Non-Disclosure Agreements against students and staff, and I call on other vice chancellors to do the right thing and follow their lead,’ the Higher Education Minister said.
The use of NDAs in sexual assault or harassment cases at universities has been criticised for being a barrier to reporting concerns and leading students to feel unsupported.
National Union of Students Vice-President for Higher Education Hillary Gyebi-Ababio said: ‘We urge all institutions to sign this pledge, bring much needed transparency to how they deal with complaints about sexual violence, and commit to creating truly safe and supportive campuses for students and staff.’
Universities sign up to the pledge
The universities which have signed the pledge so far are Cambridge, Exeter, Buckinghamshire New University, Goldsmiths, Keele, and University College London.
‘We are all too aware that sexual harassment, bullying and misconduct takes place in universities. When this occurs, it is crucial that victims feel supported and able to speak out about their experiences. Confidentiality clauses are a barrier to this and that is why we took the decision in 2019 that we will no longer use NDAs in settlement agreements with individuals who have complained of sexual misconduct, harassment or bullying,’ Dr Michael Spence, President & Provost of UCL, said.
Professor Lisa Roberts, Vice-Chancellor at the University of Exeter said that themselves and colleagues across the higher education sector ‘are joining forces to lead the action we need.’
Roberts went on to say: ‘The University of Exeter is committed to not using Non-Disclosure Agreements to silence people who come forward to raise complaints of sexual harassment, abuse or misconduct, or any form of harassment and bullying.’