Legislation

8th May 2025

Condition E6 (Office for Students Regulation) (UK)

Condition E6 has been introduced by the Office for Students (OfS) to address harassment and sexual misconduct within higher education institutions in England.
This regulation, which comes into effect on 1 August 2025, requires universities to implement thorough policies and procedures designed to safeguard students. This summary outlines the main aspects of Condition E6, its requirements, and the actions universities must take to ensure compliance.

Scope and Definitions of E6

Condition E6 applies to all higher education providers registered with the OfS, covering 425 institutions across England. The term “harassment” is defined in accordance with 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, or rape.

Key Requirements

Comprehensive Policies and Procedures
Universities are required to create and maintain a single, accessible source of information outlining their policies and procedures regarding harassment and sexual misconduct. This must be available to both students and staff and should include previous versions of policies to ensure transparency. These policies must clearly explain the actions the institution will take to address such incidents, including preventive measures.

Intimate Relationships
Condition E6 obliges institutions to take steps to prevent conflicts of interest or abuse of power in intimate relationships between staff and students. Universities may choose to prohibit these relationships altogether or implement alternative measures to reduce risks.

Training and Support
Universities must provide training to ensure that all students and staff understand what constitutes harassment and sexual misconduct. The training should equip participants with the knowledge and skills to identify, report, and respond appropriately to incidents. In addition, institutions must offer support services for individuals affected by such misconduct.

Implementation Steps

Policy Development
To meet the requirements of Condition E6, universities must review and, where necessary, update their existing policies. Definitions should align with those set by the OfS, and all procedures should be clear and complete. Institutions should also establish systems for regularly updating these policies in line with legal and regulatory developments.

Training Programmes
Universities should create and deliver training programmes for both students and staff. These programmes must explain the definitions of harassment and sexual misconduct, the institution’s relevant policies, and the appropriate steps for reporting incidents. Training should be compulsory for all new members of the university community and repeated regularly to maintain awareness.

Support Services
Institutions are required to offer accessible support services to students and staff affected by harassment and sexual misconduct. This includes counselling, medical care, and academic accommodations. Clear guidance must be available on how to access these services, and relevant staff must be properly trained to provide effective support.

Monitoring and Compliance

Reporting and Accountability
Condition E6 mandates that universities establish systems to monitor and report incidents of harassment and sexual misconduct. This includes maintaining accurate records of all reported incidents, the actions taken, and the outcomes. Institutions are also expected to review their policies regularly to ensure continued effectiveness and alignment with OfS standards.

External Review
The OfS will carry out periodic reviews to assess compliance with Condition E6. Institutions must be prepared to provide evidence of their policies, procedures, training programmes, and incident data. Failure to comply may result in penalties such as financial sanctions or limitations on student recruitment.

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Conclusion
Condition E6 marks a significant move towards ensuring a safer and more supportive environment for students in higher education. By establishing robust policies, delivering training, offering appropriate support, and maintaining oversight, universities can effectively address issues of harassment and sexual misconduct. Institutions should begin preparations now to ensure full compliance by 1 August 2025.

For further information, refer to Condition E6: Harassment and sexual misconduct on the Office for Students website.