Legislation

8th May 2025

Condition E6 (Office for Students Regulation) (UK)

Office For Students Condition E6 Regulation (UK)

The Office for Students (OfS) has introduced Condition E6 to tackle harassment and sexual misconduct within higher education institutions across England. This important regulation, effective from 1 August 2025, mandates that all higher education providers registered with the OfS develop and implement comprehensive policies and procedures. It is crucial that the institution's policies are clear, robust, and tailored to address harassment and sexual misconduct in compliance with Condition E6, ensuring effective protection for students and fostering a safe learning environment. Understanding the scope, key requirements, and implementation steps of Condition E6 is essential for universities aiming to comply with this new regulation and support their student populations effectively.

Legislation

Condition E6 is grounded in existing UK legislation, notably section 26 of the Equality Act 2010 and section 1 of the Protection from Harassment Act 1997. These laws provide the legal framework to define what constitutes harassment and sexual misconduct. Under Condition E6, harassment is understood as unwanted conduct related to protected characteristics that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. Sexual misconduct encompasses a broad range of behaviours, including sexual harassment, sexual assault, and any attempted unwanted conduct of a sexual nature. The regulation’s legal foundation ensures that higher education providers uphold their obligations under these acts while addressing the unique context of higher education.

8th May 2025

While Condition E6 officially comes into force on 1 August 2025, universities and other higher education providers should begin preparations well in advance. By 8 May 2025, institutions are encouraged to have completed significant groundwork such as policy reviews, training development, and support service enhancements. As part of these policy reviews, institutions should urgently review their use of non disclosure agreements in the context of safeguarding policies, since regulatory restrictions on non disclosure agreements will take effect from 1 September 2024 and impact compliance with Condition E6. Early action will facilitate a smoother transition to full compliance and allow institutions to address any gaps identified during internal audits or external assessments. This timeline underscores the OfS’s commitment to a proactive approach in protecting students from harassment and sexual misconduct.

Scope and Definitions of E6

Condition E6 applies to all higher education providers registered with the Office for Students, encompassing over 425 institutions delivering higher education courses across England. The requirements apply to every higher education course provided by or on behalf of the institution, including international and partnership courses. This includes universities, colleges, and providers offering transnational education arrangements. The regulation covers all students enrolled in these institutions, including non-UK based students studying in the UK or through international partnerships.

The definitions within Condition E6 are carefully aligned with established legal standards. Harassment is understood in the context of the Equality Act and the Harassment Act, while sexual misconduct is defined broadly to include any unwanted or attempted unwanted conduct of a sexual nature. This includes sexual harassment, sexual assault, sexual violence, and other forms of sexual misconduct. The regulation also addresses intimate personal relationships, particularly those between staff and students, which may constitute harassment or abuse of power if not appropriately managed. Institutions must monitor and analyze data related to harassment and sexual misconduct across all courses delivered, both domestically and internationally.

The regulation covers a diverse student population, including those studying in the UK and abroad. It is designed to protect all of the provider's students, ensuring their safety and well-being regardless of where or how they study.

Key Requirements

Comprehensive Policies and Procedures

A cornerstone of Condition E6 is the requirement for higher education providers to develop and maintain a single comprehensive source of information that details all relevant policies and procedures on harassment and sexual misconduct. This comprehensive source of information must be readily available to students and staff, ensuring transparency and clarity. It is essential that universities establish clear procedures (procedures universities) for handling harassment and sexual misconduct, making these procedures accessible and transparent. The policies should clearly outline what constitutes harassment and sexual misconduct, the institution’s approach to prevention, the procedures for reporting incidents, and the support services available. Previous versions of policies must also be retained and accessible to demonstrate the institution’s commitment to continuous improvement and compliance with evolving standards. Institutions are also required to publish data related to their policies and procedures, ensuring ongoing transparency and accountability.

Intimate Relationships

Condition E6 places particular emphasis on addressing intimate personal relationships between staff and students. Such relationships can create conflicts of interest and may risk compromising appropriate professional boundaries. Universities are required to establish clear guidelines to manage or prohibit these relationships to protect students from potential harassment or abuse of power. Institutions must ensure that the comprehensive source of information outlines steps to protect students from conflict of interest and abuse of power in intimate relationships between staff and students. Institutions may choose to enforce outright bans or implement alternative measures that reflect established principles and safeguard student welfare while respecting lawful free speech and personal autonomy. In doing so, institutions must have particular regard to balancing their free speech obligations with the need to safeguard students from harassment and sexual misconduct.

Training and Support

To facilitate compliance, universities must provide mandatory training for all relevant staff members and students. This training should cover the definitions and examples of harassment and sexual misconduct, the institution’s policies, the processes for reporting incidents, and how to access support services. Training should also educate students and staff on how to report incidents of harassment and sexual misconduct. Training should involve potential witnesses, equipping them to recognize and respond appropriately to incidents. The institution’s role includes ensuring that support universities must provide includes both training and accessible support services for those affected. Training ensures that the university community understands their responsibilities and rights, fostering a culture of respect and awareness.

Additionally, accessible support services must be offered to students affected by harassment or sexual misconduct. Universities should support students by ensuring they are aware of and can access these services without fear of detriment. These services include counselling, academic accommodations, medical care, and other forms of appropriate support. Relevant staff must be appropriately trained to deliver this support while maintaining confidentiality and adhering to data protection legislation.

Implementation Steps

Policy Development

Universities should undertake a thorough and comprehensive review of their existing policies related to harassment and sexual misconduct to align with Condition E6 requirements. It is essential that each provider develops tailored policies and procedures to address the specific risks and needs of their student population. This involves updating definitions to reflect the OfS’s standards, clarifying procedures for reporting and investigating incidents. Policies must be designed to properly address all reports of harassment and sexual misconduct, ensuring accountability and support for those affected. Institutions must also establish mechanisms for regular policy reviews to incorporate legal updates and feedback from the student population.

Training Programmes

Developing effective training programmes is critical for raising awareness and facilitating compliance. These programmes should be compulsory for all new students and staff, with refresher sessions scheduled regularly. Training must cover the identification of harassment and sexual misconduct, the institution’s procedures, and the importance of maintaining appropriate professional boundaries. It should also address the new free speech duties and speech principles to balance lawful free speech with protection from harassment.

Support Services

Higher education providers are required to offer accessible support services that meet the diverse needs of their student population. This includes ensuring that support services institutions provide are well-publicised, easy to access, and staffed by individuals trained to handle sensitive cases of harassment and sexual misconduct. Support must extend to academic accommodations where necessary, helping students continue their higher education courses despite any impact from such incidents.

Capacity and Resources

Ensuring compliance with Condition E6 requires higher education providers registered with the Office for Students (OfS) to dedicate substantial capacity and resources to the protection of students from harassment and sexual misconduct. Institutions must demonstrate a significant and credible difference in their approach to safeguarding students, not only by developing robust policies but also by ensuring these measures are effectively implemented and maintained.

A key aspect of compliance is the allocation of sufficient resources to support the full range of requirements under Condition E6. This includes investing in the development and delivery of mandatory training for all relevant staff members, equipping them with the knowledge and skills to recognize, prevent, and respond to harassment and sexual misconduct. Training should also address the complexities of intimate personal relationships between staff and students, ensuring that professional boundaries are maintained and that such relationships do not compromise student welfare.

Higher education institutions must also offer support services that are accessible and responsive to the needs of their student population. These services should provide appropriate support to students who have experienced harassment or sexual misconduct, including guidance on reporting incidents, accessing counselling, and obtaining academic accommodations. It is essential that support services are fully informed about the institution’s policies and procedures, enabling them to offer accurate advice and facilitate compliance with Condition E6.

To ensure that policies and procedures are both comprehensive and effective, higher education providers are required to undertake a thorough and comprehensive review of their existing frameworks. This process should be grounded in evidence-based evaluation, allowing institutions to assess the impact of their measures and make necessary improvements. Regular reviews help ensure that policies reflect established principles and remain aligned with the latest legal and regulatory standards.

Maintaining appropriate records is another critical component of compliance. Institutions must keep detailed and confidential records of reported incidents, responses, and decisions regarding steps taken to protect students. All data must be managed in accordance with data protection legislation, safeguarding the privacy and rights of students while supporting the institution’s ability to undertake investigations and monitor trends.

Condition E6 also places significant weight on the importance of free speech principles. Higher education providers must ensure that their policies and procedures do not unduly restrict lawful free speech, while still prioritizing the protection of students from harassment or sexual misconduct. It is vital that students understand both their rights and responsibilities in this context, as well as the support services available to them.

From a governance perspective, Condition E6 introduces significant implications for higher education institutions. Providers must develop and maintain comprehensive policies and procedures that reflect established principles and prioritize student protection. Governors must oversee the development and maintenance of effective policies and procedures to ensure compliance with the E6 condition. Effective mechanisms for reporting incidents and undertaking investigations are essential, as is the ongoing evaluation of institutional practices to ensure they continue to meet the needs of the student population.

Ultimately, the capacity and resources dedicated to implementing Condition E6 are fundamental to its success. By prioritizing the protection of students, offering appropriate support services, and ensuring that policies and procedures are both comprehensive and effective, higher education providers can foster a safer, more supportive environment for all students and demonstrate a credible difference in tackling harassment and sexual misconduct.

Monitoring and Compliance

Reporting and Accountability

Condition E6 requires universities to implement robust systems for recording and monitoring incidents of harassment and sexual misconduct. These systems are essential for identifying and responding to sexual misconduct occurring within the institution. Accurate and confidential records must be maintained in line with data protection legislation, documenting reported incidents, investigations, outcomes, and any actions taken. Institutions should regularly analyse this data to identify trends and areas for improvement. Transparent reporting mechanisms not only support victims but also demonstrate the institution’s commitment to upholding student welfare.

External Review

The Office for Students will conduct periodic external reviews to assess compliance with Condition E6. Universities must be prepared to provide evidence of their policies, training programmes, support services, and incident data. Non-compliance can lead to significant governance implications, including financial sanctions or restrictions on student recruitment. Therefore, institutions should view compliance as an ongoing process requiring continuous evaluation and adaptation.

Conclusion

Condition E6 represents a significant step forward in protecting students from harassment and sexual misconduct within higher education. By establishing key requirements such as comprehensive policies, mandatory training, accessible support services, and stringent monitoring, the regulation aims to create safer and more supportive university environments. Higher education providers must begin implementing these measures promptly to meet the 1 August 2025 deadline. Through these efforts, universities can make a significant and credible difference in the lives of their students, ensuring that all individuals can pursue their higher education courses free from harassment and with confidence in the support available to them.

For more detailed guidance, institutions and students are encouraged to consult the official Condition E6 resources available on the Office for Students website.