CHANGING THE CULTURE | Page 80

 a number of institutions now have working groups and taskforces to develop policies on sexual assault awareness, prevention and response (including York University and the University of British Columbia, and Saint Mary’s)  a number of student-led initiatives have been funded at the federal level, including a campus health survey and the development of a bystander programme 97 Legal obligations of UK universities in relation to sexual violence and harassment UUK sought input from the sector on the continued relevance of the 1994 report of the Council for Vice-Chancellors and Principals (CVCP), Final Report of the Task Force on Student Disciplinary Procedures, commonly known as the Zellick guidelines. This guidance covers all criminal offences and is not just applicable in relation to sexual violence, however it is particularly in relation to this area that concerns have been raised. The majority of responses from institutions maintain that Zellick still has some relevance. Evidence from End Rape on Campus (EROC) suggested a lack of understanding across the sector on the legal obligations of universities in cases where students report a rape. EROC questioned the relevance of the Zellick guidance and its impact on the way that universities handle incidents of sexual violence and harassment. the concern is that strict adherence to the principle that an institution should not take investigative action in the absence of a report to police may contravene the legal obligation on universities to create a safe environment for students, as highlighted in EVAW’s legal briefing to the sector.98 Rape Crisis’ evidence argues that the Zellick guidelines put too great a focus on whether the survivor is telling the truth, rather than ensuring that the necessary support is in place. They are concerned that the guidelines appear to be widely in place across the higher education sector. The Centre for Feminist Research (CFR) also believe the guidelines to be outdated, and the NUS has called for Zellick to be scrapped and new guidance developed. Following the second meeting of the Taskforce it was decided that UUK should undertake a review of the Zellick guidelines. The law firm Pinsent Masons was appointed to provide legal advice and develop new guidelines. This is discussed in Chapter 6 of the main report. 2. EVIDENCE ON HOMOPHOBIA AND GENDER IDENTITY BASED HARASSMENT AND HATE CRIME Published research There are several reports that examine homophobia on campus. 1. 2008, Ellis study – Diversity and inclusivity at university: a survey of the experiences of lesbian, gay, bisexual and trans (LGBT) students in the UK This survey examined the experiences of 291 LGBT students from 42 UK universities. One in four students surveyed said they had been victims of homophobic harassment on at least one http://www.universityaffairs.ca/features/feature-article/ending-sexual-violence-campus/ EVAW, Spotted: Obligations to Protect Women Students’ Safety and Equality. Using the Public Sector Equality & the Human Rights Act in Higher and Further Education Institutions to Improve Policies and Practices on VAWG (January 2015). 97 98 79