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 The Centre for Feminist Research (CFR) also believe the guidelines to be outdated,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).
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