UCL pledges to stop using NDAs that silence sexual harassment victims
University College London (UCL) pledged to stop using non-disclosure agreements (NDAs) in order to prevent the silencing of students’ complaints about sexual harassment.
Image by Neil Turner on flickr
The pledge, backed by MPs and campaign groups, prohibits universities from using legally binding NDAs against students and staff who report abuse. It was formed amid fears that victims are being pressured into signing agreements which stop them from speaking out and protecting the reputations of perpetrators.
Thirteen other universities including Cambridge, York, Exeter, Goldsmiths and Keele have also made the pledge. NDAs, originally designed to protect business secrets, are legal contracts that stop people from sharing private information.
This move comes after a 2020 BBC News investigation which found nearly one third of universities had used NDAs to resolve student complaints. This involved 300 individual NDAs, though the true figure is believed to be higher.
Dr Michael Spence, President & Provost of UCL, has responded to the pledge, saying that “We are all too aware that sexual harassment, bullying and misconduct takes place in universities. When this occurs, it is crucial that victims feel supported and able to speak out about their experiences.
“Confidentiality clauses are a barrier to this and that is why we took the decision in 2019 that we will no longer use NDAs in settlement agreements with individuals who have complained of sexual misconduct, harassment or bullying.”
This pledge is backed by the Can’t Buy My Silence campaign set up by former Harvey Weinstein aide Zelda Perkins and Canadian law professor Julie Macfarlane, which aims to end the use of NDAs by organizations to “buy” the silence of victims to resolve cases of sexual misconduct, pregnancy discrimination and other human rights violations.
Minister for Higher and Further Education Michelle Donelan has also backed the campaign, calling on all universities to “do the right thing”, and further noting that “The use of NDAs 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".
The Government has already announced plans to bring in new legislation to crack down on the use of NDAs in employment, following a consultation by the Department for Business, Energy, Industry and Skills.
Education institutions such as UCL that sign the pledge will feature on the Can’t Buy My Silence website to urge more businesses, institutions and regulators to recognize and join.
*The headline and byline of this article has been amended since publication.