Sexual harassment and discrimination at university can devastate your education, mental health, and future career. Whether you’ve experienced unwanted advances from a lecturer, assault from another student, or watched your university mishandle your complaint, you have legal options.
This guide explains how to claim compensation when your university fails you.
Your Legal Rights as a Student
University students are protected by the Equality Act 2010, which makes discrimination, harassment, and victimisation unlawful in education. According to McAllister Olivarius, the Equality Act is a powerful tool for students, though it remains underused.
Universities can be liable for:
- Direct harassment by staff members
- Discrimination in how they handle complaints
- Failing to protect students from known risks
- Victimising you for making a complaint
New Regulatory Requirements (Condition E6)
The Office for Students (OfS) has introduced Condition E6, requiring universities to:
- Provide training for staff and students on harassment and sexual misconduct
- Take steps to prevent abuse of power in staff-student relationships
- Stop using non-disclosure agreements (NDAs) to silence victims
- Handle complaints fairly and effectively
Universities that fail to meet these standards can face regulatory action and may be more vulnerable to compensation claims.
The Scale of the Problem
OfS research reveals disturbing statistics:
- Only 12% of students who experienced sexual harassment made a formal report to their university
- Of those who reported, 43% described their experience as “poor”
- 90% of students who experienced sexual assault or violence did not report to the police
Many students don’t know they can take legal action, or fear retaliation. But you have rights.
Who Can You Claim Against?
The University
Universities are directly liable for:
- Discrimination or harassment by staff
- Failing to handle your complaint properly
- Creating or tolerating a hostile environment
Individual Perpetrators
You can also bring claims against:
- Staff members who harassed you
- Students who assaulted or harassed you (civil claim)
Step 1: Report Internally (If You Choose)
You’re not legally required to report to your university before making a legal claim. However, internal reporting can:
- Create a paper trail
- Show the university was on notice
- Give you access to the OIA if the university mishandles things
If you do report:
- Keep copies of everything you submit
- Note deadlines and responses
- Document how the process affects you
Step 2: Office of the Independent Adjudicator (OIA)
If you’re unhappy with how your university handled your complaint, you can escalate to the OIA:
- Free to use
- Can recommend compensation for distress, inconvenience, and practical impact
- Must first complete your university’s internal process
- Must request a “Completion of Procedures” letter from your university
Step 3: Legal Claim Under the Equality Act
You can bring a court claim for compensation without going through the university or OIA first. Time limits apply:
- County Court claim: Within 6 years of the discrimination/harassment
- For harassment claims specifically: Often better to act quickly while evidence is fresh
What Can You Claim For?
- Injury to feelings – Distress caused by the harassment or discrimination
- Personal injury – If you developed PTSD, depression, or anxiety
- Financial losses – Tuition fees wasted, career impact, therapy costs
- Aggravated damages – If the university’s conduct was particularly egregious
Step 4: Criminal Report (If Applicable)
Sexual assault and rape are crimes. You can:
- Report to police – Independently of any university process
- Pursue criminal and civil cases simultaneously
- Get support from specialist organisations
A civil claim can succeed even if there’s no criminal conviction—the standard of proof is lower (“balance of probabilities” vs “beyond reasonable doubt”).
Evidence to Gather
- Messages and communications – Texts, emails, social media messages
- Screenshots – Before anything gets deleted
- Witness details – People who saw incidents or can speak to the impact on you
- Medical records – GP visits, counselling, mental health treatment
- Academic records – Evidence of declining performance, missed classes
- University correspondence – All communications about complaints
Support Organisations
- Rights of Women: Free legal advice for women experiencing violence
- Rape Crisis: Support and advocacy for survivors
- Students’ Union: Independent advice and advocacy
- Victim Support: Emotional and practical support
Frequently Asked Questions
Do I have to report to the university before suing?
No. You can bring a legal claim directly without using internal processes. However, the OIA route requires completing internal procedures first.
What if the harasser was another student, not staff?
You can still claim against the university if they failed to protect you or mishandled your complaint. You can also sue the individual student directly.
Will it affect my degree or references?
Victimisation—treating you badly because you made a complaint—is itself unlawful. If the university retaliates, you have an additional claim. That said, many students wait until after graduation to pursue claims.
Can I claim if I didn’t report at the time?
Yes. Many survivors don’t report immediately—that’s normal and doesn’t prevent a claim. Time limits apply, but they’re generally 6 years for civil claims.
What if I signed an NDA?
NDAs in harassment cases are increasingly unenforceable. The OfS now prohibits universities from using NDAs to silence victims. If you signed one under pressure, seek legal advice.
