Universities pledge to end use of non-disclosure agreements

Ministers and campaigners have backed a new pledge to end the use of Non-Disclosure Agreements within universities to silence complainants in sexual harassment cases.

Six university vice-chancellors have signed up to a pledge promising not to use NDAs in dealing with complaints of sexual misconduct, bullying, and other forms of harassment.

The pledge commits universities to not use legally-binding NDAs against students and staff who come forward to report abuse, amidst fears victims are being pressured into signing agreements which stop them from speaking out and protect the reputations of perpetrators.

In 2020, a BBC News investigation found nearly one third of universities had used NDAs to resolve student complaints, involving over 300 individual NDAs – though the true figure is expected to be higher.

Minister for Higher and Further Education Michelle Donelan said: "Sexual harassment is horrendous and complainants should never be bought or bullied into silence simply to protect the reputation of their university. Such agreements make it harder for other victims to come forward and help hide perpetrators behind a cloak of anonymity.

"The use of Non-Disclosure Agreements to buy victims’ silence is a far cry from their proper purpose, for example to protect trade secrets. I am determined to see this shabby practice stamped out on our campuses, which is why last year I wrote to vice-chancellors making my position clear.

"Several university leaders have signed a new moral contract to end the use of Non-Disclosure Agreements against students and staff, and I call on other vice chancellors to do the right thing and follow their lead."

The pledge was welcomed by #Can’tBuyMySilence, a global campaign set up by former Harvey Weinstein aide Zelda Perkins and Canadian law professor Julie Macfarlane, which aims to end the harmful use of NDAs, and who attended the virtual launch of the pledge on Tuesday alongside Ministers and university leaders.

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