Birmingham VC pledges to end use of NDAs to silence sexual violence victims

The campaign aims to stop Non-Disclosure Agreements being used in alleged harassment and misconduct cases in universities


The new University of Birmingham Vice Chancellor has pledged to stop using Non-Disclosure Agreements (NDAs) in cases of sexual violence, misconduct or harassment.

Prof Adam Tickell has signed the agreement alongside uni’s including Cambridge, UCL and Exeter.

Non-Disclosure Agreements are legally binding contracts that prevent the circulation of confidential information, usually used by businesses to keep company information secure. However, misuse of NDAs occur when the contract is used to hide misconduct or even criminal acts by paying a victim or whistleblower to remain silent. Increasingly, institutions have been criticised for using NDAs to stop victims of misconduct from speaking out against them.

The Vice Chancellor’s Response

A 2020 study by the BBC revealed that 1/3 of universities used NDAs to prevent people from reporting allegations of sexual violence, misconduct or harassment. The research found 300 individual cases of universities using NDAs between 2016 – 2020. However, due to the secret nature of the legally binding contracts signed, actual figures are thought to be much higher.

The pledge has been launched after England’s Minister for Further and Higher Education, Michelle Donelan, condemned the use of NDAs in relation to cases involving sexual harassment, bullying, and other forms of misconduct at university.

“Such agreements make it harder for other victims to come forward and help hide perpetrators behind a cloak of anonymity,” Donelan said. “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.”

Signing the pledge, Prof Tickell tweeted: “@unibirmingham has never used NDAs in such circumstances and delighted to confirm that we never will.”

The University of Birmingham issued a statement saying: “We do not and will not use Non-Disclosure Agreements to silence people when complaints of sexual harassment, or other forms of harassment, are made.

“The safety and wellbeing of our students is of paramount importance, and we are committed to creating a safer environment that is free from any harassment of all staff, students and visitors.

“We encourage anyone who feels they have been the victim of a criminal offence to report the matter to the police, as well as the university, so that the issues are addressed and appropriate support is provided. Please visit the Sexual Misconduct and Violence pages on our website for further advice.”

The pledge has been backed by The National Union of Students and Can’t Buy My Silence, a campaign working to ban the use of NDA’s to silence victims worldwide.

UK-wide student collective Not On My Campus UK praised Professor Tickell’s pledge, writing on their social media: “A huge thank you to VC Adam Tickell for taking the pledge and for the work student leaders and activists have been doing at The University of Birmingham.

“We must have a sector-wide ban on the use of NDA’s to help embed a more transparent and accountable culture within our institutions.”

University of Birmingham student group, Reclaim Our Campus UoB wrote on their social media that they are “thrilled” to see the university’s commitment to ending the use of Non-Disclosure Agreements.

Committee president, Acacia Mathews told The Birmingham Tab: “We as a committee are really excited that the university has chosen to make a public statement regarding NDA’s and victims of sexual harassment and assault.”

“It is upsetting that the pledge needs to be signed in the first place, however it does show progress and an awareness that victims haven’t been treated with the support that they have needed.

“Hopefully this public statement will encourage other universities to sign it, and hopefully more legislation will be created to eradicate gendered violence for victims over the coming years,” she said.

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