Universities Under Pressure: Meeting the OfS’s new standard for fair and trauma-informed investigations

3 Sept

Introduction

From 1 August 2025, the Office for Students (OfS) introduced Condition E6, a new regulatory requirement on how universities in England handle harassment and sexual misconduct. For the first time, higher education providers must demonstrate that their processes are fair, credible and capable of protecting students. They must also ensure investigations are trauma-informed and supported by appropriate training and safeguards.

This shift from guidance to regulation raises a difficult question: are universities ready to run investigations that can meet both standards at once?

Fair Process and Survivor Support

Condition E6 creates a dual obligation. Students who report harassment must feel safe, supported and not retraumatised by the process. At the same time, respondents are entitled to natural justice, which includes transparency, impartial decision-making and the right to be heard.

Meeting both duties at once is far from straightforward. Universities will need procedures that can protect survivors while maintaining a fair process for everyone involved.

The Importance of Process Design

The OfS has not prescribed a single model. Institutions can adopt lighter HR-style investigations or more formal panel-based approaches. Each option carries risks. Less formal routes may leave outcomes open to legal challenge. More formal routes can appear bureaucratic or intimidating, discouraging reporting.

The effectiveness of Condition E6 will rest heavily on how each university designs and communicates its procedures.

Investigators at the Centre

Condition E6 requires investigators and decision-makers to be trained not only in policy but also in handling sensitive cases. This is demanding work. Investigators need to balance empathy with impartiality, while making careful judgements about evidence.

At present, expertise is inconsistent across the sector. Some universities rely on staff with limited investigative experience, which risks undermining confidence in outcomes. Building a skilled and trusted cadre of investigators is one of the sector’s most urgent challenges.

Risks of Getting It Wrong

Universities that fail to comply face three main risks:

Legal action through tribunals or judicial review if procedures appear unfair.
Regulatory fines from the OfS for non-compliance with Condition E6.
Reputational harm if a poorly handled case reaches the press.

Each outcome erodes trust among students and staff, and damages the wider credibility of the institution.

Sector Voices

The OfS Chief Executive, Susan Lapworth, underlined the regulator’s intent:

“Students have told us clearly that they want to see more active regulation to tackle harassment and sexual misconduct in higher education. We've heard them, and our new regulation will help ensure they are better protected and better able to succeed on their courses.”

Advocacy groups such as The 1752 Group emphasise that institutional response must be both survivor-centred and procedurally robust if students are to regain confidence in reporting.

Towards Credible and Compassionate Investigations

What would a process look like that genuinely meets both tests? A few elements stand out:

Clear definitions and scope so all parties know what the investigation will examine.
Transparent timelines, with regular updates to complainants and respondents.
Evidence handling that balances disclosure with privacy.
Specialist training in trauma-informed interviewing.
Consistent provision of support services, including counselling and academic adjustments.
Oversight and review, so institutions can demonstrate accountability to both the OfS and their own communities.

Conclusion

Condition E6 sets a higher standard. Universities must now show they can deliver processes that both protect students and stand up to scrutiny. Success will depend on leadership commitment, investment in training and a willingness to learn from good practice both within and outside higher education.

Handled well, investigations can strengthen the culture of safety and fairness across campuses. Handled poorly, they risk compounding harm and inviting challenge. Universities now have little choice but to raise their game.

How We Can Help Universities Meet These Challenges

At EthicsVision, we work with organisations that need to design, strengthen, or review their investigation frameworks. For higher education providers, that means helping to ensure processes are not only compliant with Condition E6 but also genuinely trusted by students and staff.

Our support includes:

Training investigators and decision-makers in fair, trauma-informed practice.
Reviewing existing investigation policies and procedures against regulatory standards.
Advising on case management structures that balance compassion with credibility.
Providing independent oversight or external investigation support where impartiality is essential.

Our aim is to help universities build confidence among students and staff that their institution is committed to safety, fairness and accountability.

Will Richards