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E6 Regulation: an Introduction
E6, or Condition E6, has been introduced by The Office for Students (OfS). It is aimed at addressing harassment and sexual misconduct within higher education institutions in England.
This condition, which will come into force on 1 August 2025, mandates that universities implement comprehensive policies and procedures to protect students from harassment and sexual misconduct. This summary provides an overview of the key aspects of Condition E6, its requirements, and the steps universities need to take to comply.
E6 Scope and Definitions
Condition E6 applies to all higher education providers registered with the OfS, encompassing 425 institutions across England. The regulation defines “harassment” as per section 26 of the Equality Act 2010 and section 1 of the Protection from Harassment Act 1997. “Sexual misconduct” is defined broadly to include any unwanted or attempted unwanted conduct of a sexual nature, such as sexual harassment, assault, and rape.
Key Requirements
Comprehensive Policies and Procedures
Universities must develop and maintain a single, comprehensive source of information detailing their policies and procedures on harassment and sexual misconduct1. This source must be accessible to all students and staff and include historical versions of policies to ensure transparency. The policies should clearly outline the steps the institution will take to address incidents of harassment and sexual misconduct, including preventive measures.
Intimate Relationships
Condition E6 requires institutions to take significant steps to protect students from conflicts of interest or abuse of power in intimate relationships between staff and students1. Universities may choose to prohibit such relationships entirely or implement other measures to mitigate risks.
Training and Support
Universities are required to provide training to ensure that students and staff understand what constitutes harassment and sexual misconduct1. This training should equip individuals with the skills needed to recognize, report, and respond to incidents effectively. Additionally, institutions must offer support services for those affected by harassment and sexual misconduct.
Implementation Steps
Policy Development
To comply with Condition E6, universities must review and, if necessary, revise their existing policies on harassment and sexual misconduct1. This includes ensuring that definitions align with those provided by the OfS and that procedures are clear and comprehensive. Institutions should also establish mechanisms for regularly updating these policies to reflect changes in legislation and best practices.
Training Programs
Universities should develop and implement training programs for students and staff on harassment and sexual misconduct1. These programs should cover the definitions of harassment and sexual misconduct, the institution’s policies and procedures, and the steps individuals can take to report incidents. Training should be mandatory for all new students and staff and offered regularly to ensure ongoing awareness.
Support Services
Institutions must provide accessible support services for students and staff affected by harassment and sexual misconduct1. This includes counseling, medical services, and academic accommodations. Universities should also establish clear procedures for accessing these services and ensure that staff are trained to provide appropriate support.
Monitoring and Compliance
Reporting and Accountability
Condition E6 requires universities to establish mechanisms for monitoring and reporting incidents of harassment and sexual misconduct1. This includes maintaining records of reported incidents, actions taken, and outcomes. Institutions must also regularly review their policies and procedures to ensure they remain effective and compliant with OfS requirements.
External Review
The OfS will conduct periodic reviews of universities’ compliance with Condition E61. Institutions must be prepared to provide evidence of their policies, procedures, and training programs, as well as data on reported incidents and outcomes. Non-compliance may result in sanctions, including fines and restrictions on student recruitment.
Conclusion
Condition E6 represents a significant step towards creating safer and more supportive environments for students in higher education. By implementing comprehensive policies and procedures, providing training and support, and ensuring ongoing monitoring and compliance, universities can effectively address harassment and sexual misconduct. Institutions should begin preparing now to meet the requirements of Condition E6 by 1 August 2025, ensuring that they are ready to protect their students and staff from these serious issues.
For more information see Condition E6: Harassment and sexual misconduct – Office for Students
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