Universities accused of silencing students with improper confidentiality clauses

Australian universities are inappropriately applying confidentiality provisions, restricting their students from seeking support and discouraging them from making complaints.

According to a National Student Ombudsman (NSO) report, almost half of Australia’s 44 universities use a confidentiality clause; This is an agreement about what a student must keep confidential if they make a complaint, including about gender-based violence.

The report states that this prevented the student from talking to others outside of the complaint process about:

• The experience a student complained about

• Result of their complaints

• They have made a complaint

This substance is used by major universities including the University of Technology (UTS), James Cook University (JCU) and Newcastle University.

“The University (UTS) appears to be more interested in the reported case than investigating the actual reported harassment,” an anonymous student was quoted as saying in the report.

It also highlighted the experience of a UTS student who made a detailed report of sexual harassment by a fellow student.

According to the ombudsman’s report, an external investigator appointed by UTS concluded there was insufficient evidence to support the allegations.

Shortly thereafter, the report said, the university notified the student that he was subject to preliminary evaluation for allegedly violating confidentiality regarding his complaints.

“Excessive secrecy can leave the complainant feeling silenced or disempowered about the experience that led them to complain,” Commonwealth Ombudsman Iain Anderson said.

He said UTS had told NSO that it had placed no restrictions on students discussing their complaints with “family and friends”.

However, NSO found the university’s advice was inconsistent, contradictory and lacked a timeline.

The report said UTS had given the student “no evidence at this time” following a finding of “insufficient evidence”.

“There is no policy preventing students from speaking constructively about their experiences.”

“Instead, the university has asked you and others to keep these conflict resolution processes (including any investigations) confidential and to limit discussions of their content to immediate family members and UTS staff,” the report quotes UTS as writing.

The report explained that the student had spoken to other students about her experiences of gender-based violence and filed a complaint, but did not mention specifics.

“The university says it has zero tolerance for gender-based violence, but when you actually go through the reporting process, it’s not a zero-tolerance response. Everyone who reported says they regret it and feel blamed and punished by the university,” said a student advocacy group cited in the report.

“Once the investigation is concluded, students should be able to talk about their experiences. Currently, confidentiality provisions are associated with a criminal threat.”

The student advocacy group questioned why the report included confidentiality provisions.

“Are they there to protect the university or the students?” he said.

NSO stated that the timeline of the incident showed that “the university (UTS) effectively silenced the student who made the complaint.”

It has issued guidelines for all Australian higher education providers on the use of confidentiality provisions, including a recommendation that confidentiality should apply only to the complaints process and not to the student’s experience or reporting of sexual harm.

UTS vice-chancellor Kylie Readman said in a statement that the university was “committed to doing better” and accepted all NSO’s recommendations for change.

The report stated that Newcastle University welcomed the recommendations and was working to update its policies.

According to the report, JCU said it accepted some of the recommendations.

NOS was established as an independent, national service in February 2025 to address systematic failings in the way universities handle student complaints.

According to First Deputy Ombudsman Sarah Bendall, NSO’s initial complaint was received within the first 15 minutes of the service opening.

More than 2,200 students contacted the service to complain in the first six months.