THE PLEDGE
“(W)e [our vice-chancellor and higher education provider] commit to not using Non-Disclosure Agreements to silence people who come forward to raise complaints of sexual harassment, abuse or misconduct, or other forms of harassment and bullying.”
Signing the pledge means that the provider undertakes to never use a non-disclosure agreement (NDA) in a case involving sexual harassment, discrimination, other forms of misconduct and/or bullying. It is intended to ensure that victims can speak about what has happened to them to whoever would be appropriate; and that any harmful behaviour is not hidden, thereby allowing opportunities for repeat offences and further victims.
We recognise that NDAs may be appropriate where there has been access to commercially sensitive information, and where it would be reasonable for an organisation to take steps to ensure that such information remains undisclosed. This pledge is not designed to encompass such cases.
HOW THE PLEDGE BEGAN IN ENGLAND
On January 18 2022, Michele Donelan, Minister for Further and Higher Education in England, announced that universities must stop using NDAs for complaints about sexual harassment, bullying and other forms of misconduct. In her words, “I am determined to see this shabby practice stamped out on our campuses.”
On February 7th 2023 the English Parliament voted through an amendment to the Higher Education (Free Speech) Bill, which requires Universities and their constituent colleges that are registered to receive public funding to stop using non-disclosure agreements to cover up sexual misconduct, harassment and bullying.
The Bill will continue its progress through Parliament and should be in force by 2024. It remains important however that if your university is not signed up to the pledge you write to them to encourage them to do so, this will mean you are protected until the law is in force.
If you represent an English provider of higher education, and you want to sign the pledge on behalf of your institution, please contact Samantha Boyce at the Department for Education: samantha.boyce@education.gov.uk The process for reporting a breach is at the bottom of this page.
DEVOLVED NATIONS
The Pledge has been endorsed by the independent Department for Education in Northern Ireland, with all 5 Universities signed up. We have full endorsement of the pledge from Universities Wales but are in the process of agreeing breach policy. We are also in process obtaining endorsement and breach policy from Universities Scotland.
If you attend a Welsh or Scottish university, please write to your Vice Chancellor urgently (see template) to encourage them to sign the pledge.
SEE IF YOUR UNIVERSITY HAS SIGNED
GUIDELINES FOR IMPLEMENTATION
Guidelines for Implementation of the Pledge have been drafted with the team at the Department of Education, which originally co-sponsored the Pledge with CBMS. These are important for the practical implementation of the new law/ pledge, and we encourage you to share them with your own university.
REPORTING A BREACH
If your university has signed the Pledge but you believe they are still using NDAs in cases of harassment and bullying, you can report a breach via the button below.