The University of Oxford has recently dropped its request for anonymity in an employment tribunal over a sexual harassment case. The University had been granted an anonymity order which prevented the media from reporting on the case to protect the University’s reputation and the identity of several of its employees.
The order related to allegations of sexual harassment made by a female academic against Professor Soumittra Dutta, the former Dean of the Saïd Business School. It was reported that, after the academic went to Dutta for help regarding a rape complaint, Dutta propositioned her. He allegedly said: “I feel very attracted to you. Can something happen between us?” Dutta denied making the comment.
Dutta resigned in August following a five-month investigation by the University, which upheld three allegations that he sexually harassed a female academic. The University of Oxford stated that Dutta “stepped down as dean of Saïd Business School and has now left the University”.
Anonymity orders prohibit the discussion or publication of the identity of individuals or organisations involved in legal proceedings. The University was also subject to significant criticism from media organisations over the order, which had been considered a “gross breach of the principles of open justice” and part of a “deeply concerning trend towards secrecy”.
This follows a series of cases where the University has failed to protect its staff and students following allegations of sexual harassment and sexual assault. A recent UCU report seen by Cherwell described the University as “slow to act and reluctant to be transparent, particularly when allegations involve prominent men with institutional prestige or donor connections”, and regretted that investigations often kept “outcomes confidential, allowing individuals to move on with unblemished reputations”.
An Oxford academic, who prefers to remain anonymous, told Cherwell: “That the University applied for an anonymity order that protected its own reputation and that of at least one senior academic who had been found guilty of sexual harassment is incredibly concerning. That it did so against the wishes of the claimant is even worse because it amounts to gagging the victim, and the Higher Education Bill forbids imposing silence on victims of sexual harassment.”
The University of Oxford did not respond to Cherwell’s request for comment.
Criticism of University leadership
The University previously faced internal pressures from academics and students over its use of anonymity orders and restricted reporting orders in legal cases. The University’s leadership was criticised for acting against principles of freedom of speech and academic freedom.
An academic told Cherwell: “Congregation should have a public debate about what our policy ought to be regarding applying for anonymity orders. The University shouldn’t be allowed to have blanket permission to hide under [a] veil of anonymity. It means that Congregation, which is supposed to be the sovereign body of the university, can’t know who we are suing, who is suing us, why, how much money we are spending in lawsuits, and how [we are] behaving in court, what is being done in our name.”
Congregation is the governing body of the University, composed primarily of academic staff. There have been concerns raised regarding senior University figures’ approach to transparency in the context of legal proceedings, in particular Chancellor William Hague and Vice-Chancellor Professor Irene Tracey.
A source with knowledge of the matter previously told Cherwell: “The Chancellor and the Vice-Chancellor have serious questions to answer about the type of university they are running, whether it is one that protects its own students and staff, or its reputation.”
Improvements to policies
Cherwell understands that Tracey has instructed a legal panel to improve its harassment and bullying procedures. In a meeting in February, the Registrar of the University, Professor Gill Aitken, and legal experts were asked to make recommendations on improving data sharing and procedures regarding bullying and harassment.
An academic told Cherwell: “It’s also obvious that we need to improve our policies around sexual harassment. That the University is still protecting an emeritus professor who has been accused of rape without him facing any internal investigation, or ban from premises, or stripping of his title shows how deeply we are failing to keep students and staff safe.
“The reputation of powerful senior academics is still being prioritised over the safety of staff and students. What the University should do is take this opportunity to reform and be at the forefront of best practices instead of holding on to opaque and sexist practices that are causing serious and unnecessary harm to people, especially women.”
Cherwell has previously reported that the University did not suspend an emeritus professor at the Saïd Business School who was investigated for rape by Thames Valley Police. Cherwell understands that the professor does not currently face any restrictions regarding access to central University premises or to his college, something students have expressed “serious concerns” about.
Anna Bull, the founder of the 1752 Group, an advocacy group addressing sexual misconduct in higher education, said that she “very much doubt[s] that Oxford consulting existing staff on improvements is likely to lead to sufficient change. Business as usual isn’t going to lead to the shifts that are needed here”.
Correction: An earlier version of this article stated that the University had failed its legal duties to protect staff and students following allegations of sexual assault. The University has not been found to have failed any such duties.
