In all of the noise about the OfS’s new regulation on harassment and sexual misconduct there’s one area where the silence is notable and disappointing – sector collaboration.
Back in 2022, the independent evaluation of the OfS statement of expectations on harassment and sexual misconduct made a clear recommendation that the OfS and DfE “foster more effective partnership working“ both between HE providers and with those external to the sector. Now, having published details of the new condition E6 and the accompanying guidance, this seems to have been largely forgotten.
There’s a nod to the potential benefit of collaboration in the OfS’s analysis of consultation responses, but it only goes as far as to say that providers “may wish to identify collective steps” – with little explanation of what this could look like and no intention or commitment to proactively support this.
This feels like a significant oversight, and one that is disappointing to say the least. It’s become clear from our work with IHE members that collaboration needs to be front and centre if we have any hope as a sector of delivering in this area. Without it, some providers – especially smaller ones – will not be able to meet the new requirements, creating risk and failing to achieve the consistency of practice and experience that students expect. This feels even more true given the current context of widespread financial insecurity. Any new regulation ought to be presenting mechanisms and incentives to collaborate – and reduce costs in doing so.
Working together for a stronger sector – or only sometimes?
The silence around collaboration is also surprising, given that in other spheres it is seen to be – and in many cases is – the solution to institutions meeting regulatory requirements and student expectations. John Blake’s latest speech on a regional approach to access and participation is just one example of this. There is implicit recognition that in this era of “diminishing resources”, working together is the solution. There’s also the recognition that partnership working needs funding – more on that later.
It’s also surprising given that the OfS has made clear that both providers in any academic partnership are responsible for compliance with the new condition, including where there’s a franchise arrangement. This seems like an open door for collaborative approaches, given that over half the providers on the register do not have their own degree awarding powers. However, as usual, it is unclear what this means in practice. There is no reference in the regulation to how the OfS would view any collaborative efforts, or examples of what this might look like in practice.
Academic partnerships make logical collaborators
IHE’s recent project on academic partnerships demonstrates the potential of such arrangements for collaboration that benefits both providers and their students. Our research found a number of innovative models where awarding institutions facilitated collaboration with and between their academic partners in areas including shared learning opportunities and use of shared platforms.
There’s a clear opportunity here when it comes to staff training. All institutions need to have staff who are “appropriately trained”. Training in areas such as receiving disclosures and conducting investigations benefits from group delivery – where staff can learn from each other. A small provider might only have one or two staff who require it, meaning they are unlikely to draw much benefit from this. It would also make such training prohibitively expensive. It’s likely to need to be delivered by an external organisation (to ensure the ‘credible and demonstrable expertise’ required) and such solutions aren’t scaled to an institution with just a handful of relevant staff. Awarding institutions sharing such group training would solve this – and also benefit shared processes in that staff across both institutions have the same level of knowledge and competence.
A further benefit of shared training would be that partners could share staff when investigations need greater independence than a small provider can offer. This could be staff from the awarding partner, or another academic partner. This would effectively bring together useful knowledge of institutional context, policies and processes with the necessary external objectivity to run a credible investigation.
Another opportunity for collaboration is in shared online reporting tools. These can be an effective way of encouraging disclosure, but such systems are often not scaled for small institutions. As well as being more cost-effective, sharing these could lead to greater confidence of students reporting in the independence of tool and the process that follows.
Think local – for everyone’s sake!
Regional or local collaboration is the other area with the potential to benefit students, providers, and other services supporting those who experience harassment or sexual misconduct.
Local or regional collaboration on reporting and investigation can support disclosure by creating more independence in the system. The independent evaluation spoke specifically of this, recommending the facilitation of
formal or informal shared services, such as regional support networks, and in particular regional investigation units or hubs.
And it would enable more effective partnerships with external support services. Rather than every provider trying to establish a partnership with a local service (putting a greater burden on groups who are often charities or not-for-profits), group collaborations could streamline this. This needs to include all types of provider, including small providers and FE colleges delivering HE. This would be more efficient, reduce unhelpful competition for the limited resource of the service, and ensure that all students have access to these support services irrespective of their place of study.
Where there aren’t local services, providers could pool resource and expertise to develop and deliver these. This would reduce competition for specialist staff in the same geographic location, and again ensure parity of support for students across providers.
It’s important that such collaborations involve all parts of the sector, including small providers – with the burden of their participation reflective of their smaller size. This is vital to ensure that collaborative models are cost effective for everyone.
Getting it right on student engagement
Collaborative approaches are also going to be critical to make sure we get it right on student engagement. The OfS expectation is clear that providers work with students and their representatives to develop policies and procedures. But what happens when an institution doesn’t have an SU, or a formal representative structure, or the necessary experience in student engagement to do this? There’s a risk that it won’t be done properly or be done at all.
We need to consider how we facilitate students to support each other to engage in co-production. This could include sharing staff or exploring the development of local student union services that bring in smaller providers or FE colleges without the means to partner with students in the way that is needed.
Making it happen
The sort of collaboration outlined above will need more than just the goodwill of institutions to make it happen. It needs regulatory backing, with more explicit recognition of the value of these approaches and guidance on what this might look like in practice. We also need to recognise that it’s costly.
Catalyst funding, like that provided back in 2019, would represent far better value to the sector than asking individual providers to fund collaboration. The risk is that without it, the burden of developing a system that works for all students at all providers will be left to the smallest institutions who need these collaborative options the most. Funding would also boost evaluation and resource sharing across the sector. It could consider the benefits of collaborative approaches between awarding and teaching institutions as well as regional structures which ensure a greater parity of support across providers large and small.
Somewhere on this path to regulation we lost the perspective that harassment and sexual misconduct is a societal issue. What we do now to educate, prevent harm to and support students will have a lasting impact on the future as students become employees, employers, parents and educators themselves. It is not a task to be shouldered alone.
