Blog
Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
The University of Oxford clearly thinks so, and has announced a new policy concerning relationships between students and staff (“the Policy”) prohibiting staff from entering an intimate relationship with a student for whom they have any responsibility. The Policy also strongly discourages any other close personal relationship between a staff member and student for whom “they have any responsibility that transgresses the boundaries of professional conduct” and requires that such relationships are declared. The Policy warns that staff who fail to comply with the Policy may be disciplined.
In relation to “responsibility”, the Policy states that:
“Situations where a staff member will have responsibility for a student will include, but not be limited to where:
- there is any direct supervisory or teaching relationship (for example between postgraduate students and their supervisor, or tutors and their tutees);
- a member of staff has direct or indirect responsibility for that student’s academic studies (for example, assessor of a student’s work);
- a member of staff has direct or indirect responsibility for that student’s personal welfare (for example providing welfare services or acting as a mentor or college advisor);
- a member of staff has a mentoring role or ongoing administrative responsibility for a student; or
a member of staff is involved in the admission or selection of applicants or offer-holders.”
When the Policy comes into force on 17 April 2023, staff must “declare to their Head of Department or Chair of the Faculty Board as soon as possible if a close personal relationship has developed, is developing or appears likely to develop between them and any student for whom they have any responsibility”.
Should a member of staff already be in an intimate or close personal relationship with a student, the member of staff must declare it if they have any responsibility for the student or, if they do not have responsibility for the student, they must not take on or assume any. The focus for pre-existing relationships will be ensuring that there are no conflicts of interest.
The University of Oxford follows a growing number of universities that have banned intimate relationships between staff and students. The inherent power imbalance in the relationship, especially where there are significant age gaps, abuses of power and perceived favouritism are all cited as reasons for this shift in approach.
On 23 February 2023, the Office for Students (OfS) launched a consultation on a new proposal to create a relationship register recording personal relationships between staff and students. The OfS states that the “relationships register would apply to certain personal relationships in circumstances where a staff member has particular responsibilities towards a student, for example where an academic is responsible for assessing a student's work. The consultation proposes that any academic not disclosing such a personal relationship should be liable for dismissal”. The OfS is also seeking views on an outright ban on personal relationships between a student and a staff member with responsibilities towards that student.
It is now clear that universities are unlikely to continue to permit intimate relationships between staff and students, particularly where the staff member has responsibility for students. Staff members should be extremely cautious about entering into any type of close personal relationship with a student given the risks of disciplinary action.
We are keen to see how the proposals by the OfS develop in due course.
FURTHER INFORMATION
If you have any questions or concerns about the content covered in this blog, please contact Shannett Thompson, or Imogen Roberts.
ABOUT THE AUTHORS
Shannett Thompson is a Partner in the Regulatory Team having trained in the NHS and commenced her career exclusively defending doctors. She provides regulatory advice predominantly in the health and social care and education sectors. Shannett has vast experience advising regulated individuals, businesses such as clinics and care homes and students in respect of disciplinary investigations.
Imogen Roberts completed her training contract with Kingsley Napley and qualified as a solicitor in September 2022. During her trainee seat with the Regulatory team, Imogen assisted with investigating and preparing fitness to practice cases relating to professional misconduct, ill-health and lack of competence.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
You may also be interested in:
Blog
Preserve it and save: how conditional exemption can protect your heritage... and your wallet
Charles Richardson
Blog
Suspension of the UK’s Refugee Family Reunion scheme: an afront to the principle of family unity
Oliver Oldman
Share insightLinkedIn X Facebook Email to a friend Print