Handling Reports About Harassment and Sexual Misconduct – Good Practice Framework

Following a consultation earlier in the year, the Office of the Independent Adjudicator (OIA) has published new guidance for universities and colleges on handling reports of harassment and sexual misconduct (September 15 2026). Institutions should now consider what the framework means for their existing policies and procedures, particularly alongside the regulatory requirements already in force in England and Wales.

We commented on the draft back in January 2026 – you can see our response here. We are pleased that a number of the points we raised in our submission have been picked up in the revised document.

What is in the Framework?

The Good Practice Framework sets out core principles and operational good practice for institutions in England and Wales. It seeks to provide good practice guidance for institutions in designing and operating procedures to investigate and respond to disclosures and reports about harassment of any kind and sexual misconduct. The framework also sets out good practice in managing disciplinary procedures for dealing with students accused of harassment and/or sexual misconduct.

Other key points to note about the framework are that it relates solely to students (although there is specific advice on dealing with students who are also staff), student-facing processes that are inclusive by design are recommended, and it aims to recognise the wide diversity of institutional type.

The framework also stresses the need for clarity on responsibilities where there are partnership arrangements in place, and provides advice on working with students’ unions on processes for addressing disclosures they receive and ensuring information-sharing protocols are in place, among other things.

Core Principles

The framework is built around ten core principles of good practice: accessibility, clarity, fairness, independence, confidentiality, inclusivity, flexibility, proportionality, timeliness, and improving the student experience. These principles underpin all of the guidance and apply across the full lifecycle of a case, from the initial disclosure through to the conclusion of any disciplinary or appeal process.

Regulatory Context

The framework sits alongside regulatory requirements now in force across both England and Wales. For institutions registered with the Office for Students (OfS), condition E6 on harassment and sexual misconduct has been in place since 1 August 2025. For those in Wales registered with Medr, the Condition on Staff and Learner Welfare came into force on 1 August 2026. The framework is designed to support institutions in meeting these regulatory obligations, although it is not a comprehensive guide to full legal or regulatory compliance.

What does this mean for universities and colleges?

The publication of the framework provides a useful opportunity for universities and colleges to review their existing policies and procedures.

Institutions should consider whether their current arrangements:

• provide accessible routes for students to make disclosures and reports
• clearly distinguish between disclosures and formal reports
• reflect a trauma-informed approach
• include proportionate approaches to risk assessment and precautionary measures
• provide fair and transparent investigation, disciplinary and appeal processes
• take account of the relevant regulatory requirements in England and Wales
• support learning and continuous improvement.

The framework is not a comprehensive guide to legal or regulatory compliance, but it provides a useful benchmark for institutions reviewing and strengthening their existing processes.

Setting Expectations and Defining Behaviour

Institutions are advised to publish clear information about the standards of behaviour expected within their community. This includes defining what constitutes harassment and sexual misconduct, drawing on the relevant statutory definitions under the Equality Act 2010 and the Protection from Harassment Act 1997. Importantly, the framework stresses that universities and colleges cannot make legal findings but can only determine whether their own rules and standards have been breached. There is also a useful prompt to ensure that the language used in policies and procedures is neutral and does not attempt to replicate the terminology of criminal proceedings.

Institutions must also be mindful of freedom of speech obligations under the Higher Education (Freedom of Speech) Act 2023 and the Human Rights Act 1998, balancing these with the need to address unacceptable behaviour.

Making Disclosures and Reports

A significant theme in the framework is the importance of making it as easy as possible for students to come forward. The framework identifies a range of barriers to reporting and encourages institutions to offer multiple accessible routes for disclosure, including in-person, online, and anonymous options. There is a focus too on listening to the student, setting out options clearly, including in relation to reporting to the police, and ensuring appropriate record keeping, especially for oral disclosures and reports. It is also important to direct students who share information about harassment and/or sexual misconduct to sources of support and guidance.

As we recommended as part of the consultation, the Framework draws a clear distinction between a “disclosure” (sharing information to seek advice and support) and a “report” (seeking formal action).

The possible next steps are set out, including: no further action, informal resolution, referral to other procedures, and/or reporting to the police.

Universities and colleges are advised against imposing strict time limits for reporting, and should not turn away students who come forward about non-recent incidents, although it is recognised that action may often not be possible in such circumstances.

Welfare and Trauma-Informed Practice

The framework places considerable emphasis on adopting a trauma-informed approach throughout all processes. Institutions are advised to ensure that staff involved in receiving disclosures, investigating reports and making disciplinary decisions understand how trauma may affect a student’s engagement and presentation. Ongoing support, including emotional, psychological, and practical assistance, should be available to both reporting and responding students.

And even where there isn’t trauma institutions and their staff are rightly urged to treat students fairly and with kindness.

Risk Assessment and Precautionary Measures

Institutions should undertake proportionate risk assessments upon receiving any disclosure or report, and should keep these under regular review. Any precautionary measures imposed, such as non-contact arrangements or restricted access to facilities, should be the least disruptive option that effectively manages the identified risks and should not be used as a form of punishment.

Investigation and Disciplinary Processes

The framework provides detailed procedural guidance on conducting fair investigations and covers the various stages of the process from informing the responding student to investigation and information gathering to the disciplinary hearing.

Key recommendations include appointing impartial investigators, gathering information proportionately, and ensuring that both reporting and responding students are kept informed and supported. The burden of proof rests with the institution, and the civil standard – “on the balance of probabilities” – should be applied, not the criminal standard.

Particular attention is given to the conduct of disciplinary hearings, the role of supporters and witnesses and the evaluation of evidence. Decision-makers are encouraged to receive training in recognising how trauma, disability and cultural factors may influence how students present their accounts.

There is plenty of detailed advice in here then on all aspects of hearings and the outcomes including penalties and follow up.

Appeals and Reviews

Responding students have a right of appeal against disciplinary findings, while reporting students should be given a route to request a review of how their report was handled. The framework emphasises that reporting students should receive a meaningful outcome to their report, including information about the steps taken and any measures put in place.

Learning and Continuous Improvement

Finally, the framework encourages institutions to collect data on disclosures, reports and complaints to identify trends, inform training and drive improvements. This learning should be shared across the institution and with partner organisations, while safeguarding the identities of those involved.

To sum up

The OIA’s Good Practice Framework seeks to provide a comprehensive, principles-based guide for universities and colleges navigating the complex and sensitive area of harassment and sexual misconduct. Its central message is clear – institutions must design processes that are fair to all parties, centred on student welfare, trauma-informed and responsive to their regulatory environment. Institutions should treat this framework as a prompt for reviewing and strengthening their existing policies and procedures.

If you require any information or advice on addressing the issues set out in the framework or more broadly in relation to matters around harassment and sexual misconduct policies and procedures then do get in touch with our education team.

This content is provided for general informational purposes only and does not constitute legal advice. It is not intended to address the circumstances of any individual or entity, nor should it be relied upon as a substitute for specific advice from a qualified solicitor. The information reflects the legal position as at the date specified and may be subject to change. If you require advice on a specific matter, please contact us directly.