Wednesday 11-03-2020 - 16:30

In recent months there have been a number of media reports surrounding the use of Non-Disclosure Agreements (NDAs) by Universities, including Durham University, with their apparent intention being to silence student complaints on serious incidents, such as sexual assault, bullying, lack of disability support, accommodation issues and poor teaching. Though Durham University has made clear that NDAs have not been used in cases of sexual misconduct and violence, I feel it’s important to say that the use of these agreements to limit students’ freedom of expression in regards to their university experience is not acceptable, especially at times when students often feel vulnerable, isolated and under significant stress. Universities UK made a clear statement last April that although NDAs are permitted for uses such as the protection of commercially sensitive information related to university research, they also expect senior leaders to make it clear that the use of confidentiality clauses to prevent victims from speaking out will not be tolerated.

It is vital that Durham University is open and honest in addressing issues such as bullying, discrimination and inadequate services where they exist on our campus. Durham University needs to adopt a zero tolerance policy to staff who engage in harmful behaviour, irrespective of their academic standing and instil a culture of self-reflection and accountability. The use of NDAs in cases only damages trust in the institution to tackle these issues and limits transparency in what measures are being taken and lessons have been learnt. 

NDAs or similar agreements should not be used as a tool to silence students or cover up serious issues. We encourage Durham University to put the student at the heart of their complaints process so that students can raise their concerns with confidence, knowing that they will be supported and listened to, and that issues will be addressed.

We would call on the University to end the practice of using NDA’s in this way, and instead use settlement funds to invest in specialist staff such as paid sexual violence investigators, cultural competency and supportive procedures that will effectively combat the root causes of these issues.