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University spent £1.8 million on ‘gagging orders’ in last five years Sidney Pinsent News Editor It has been revealed by the Courier that Newcastle University has spent £1.8 million on Non-Disclosure Agreements (NDAs) over the past 5 years, obligating staff members to uphold confidentiality on a variety of university information.
In 2018 Newcastle University spent £445,928 on NDAs, marking the biggest payout since 2014
The agreements prevent staff from sharing confidential information and trade secrets. While NDAs are often widely used for legitimate commercial reasons, they have been alleged to be used to hide details of sexual harassment or bullying in recent months and are often referred to as ‘gagging orders’. In 2018, £445,928 was spent on NDAs by Newcastle University, marking the largest pay-out since 2014. In total, UK universities spent £87 million on payoffs to staff with NDAs over the past two years. The figures uncovered by the BBC were followed by testimonies from dozens of academics that they were being made to sign NDAs after raising
complaints. It is often difficult to determine how or why a NDA was used because of the secrecy involved in the signing of NDAs. In a recent speech, Universities minister Chris Skidmore said, “non-disclosure agreements exist for many purposes – such as protecting valuable research findings should a staff member change jobs. But in no circumstances should they be used by universities to ‘gag’ staff after experiencing poor behaviour in the workplace, including bullying, discrimination or sexual misconduct.” A Newcastle University spokesperson commented: “A university can use non-disclosure agreements for a number of purposes including the protection of commercially sensitive information related to university research. We have not used or would ever use confidentiality clauses to silence victims from speaking out about misconduct. All colleagues and students are entitled to a safe experience at university and we have a duty of care in this regard too.” Speaking to the Courier the Chair of Newcastle University’s UCU branch, Bruce Baker said: “We recognise that there could be certain situations where the use of NDAs is appropriate, but problems arise when their use is shrouded in secrecy. There should be mechanisms for the review of the use of NDAs, and those mechanisms should involve the staff unions since it is the employees we represent who are most affected.” He continued: “The danger of having a system that relies on NDAs that no one ever
hears about is that it can encourage a cavalier attitude where it becomes easier to pay someone off than for the University to confront and deal with the bad behaviour by its own managers that created the problem.”
were not true. Secondly, for recording their meeting with Christopher Winter without his consent and publishing audio extracts of this meeting online in the R.O.N. Campaign Facebook Group. Jonny Hall, Education Officer at Newcastle University Students’ Union, stood to read the verdict of the investigation. He stated that an operations group had come to the conclusion that the Part Time Officer had been found to have breached a number of the general requirements as a member of NUSU including: respecting the privacy of others and not engaging in activity or behaviour likely to bring the University or SU into disrepute among others. A disciplinary censure to Council is issued when it is found that the Officer has commit-
ted serious or sustained misconduct. The investigation resolved that a motion of disciplinary censure should remain on file for the Officer for the duration of their studies at Newcastle University and 18 months thereafter. However, the motion needed to pass through Student Council for the disciplinary to be authorised and taken into effect. The motion proposed to Council reads: “The behaviour carried out was done so without respect for the right of privacy of the candidate. It was agreed that the decision to overrule the candidate’s preferred privacy was unacceptable officer conduct.” “The operations group agreed that whilst due diligence should have been carried out before providing a quote to The Courier, the
Monday 20 May 2019 Issue 1389 Free
“There should be mechanisms for the review of the use of NDAs, and those mechanisms should involve the staff unions”
Bruce Baker, Chair of Newcastle University’s UCU Branch
Newcastle University have made it clear that the use of NDAs “does not prevent colleagues or students from reporting criminal acts to the police”. NDAs do not stop people reporting alleged illegal acts but allegations of staff making sexual comments or bullying staff may still be protected with the use of NDAs. Bruce Baker concluded he hoped the Newcastle University governing Council “would take up the question of whether this is the best use for limited funds and whether the way NDAs are used at Newcastle University are appropriate to a university, which must always be an institution based on collegiality and openness.”
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Part-time Officer disciplinary motion fails Louise Hall Editor A formal motion to issue a disciplinary censure to the Students with Faith or Belief Officer was rejected at Student Council at last week’s meeting on Thursday 16 March. The motion comes after an investigation into the Part Time Officer Grace Algar following their actions taken in a R.O.N. campaign against the incoming Faith or Belief Officer Christopher Winter during this year’s elections. It was understood at Council that a complaint had been made against the officer for two reasons: Firstly, for having comments published in the Courier which they then said
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significant area of misconduct and grounds for disciplinary censure was in relation to the recording of the candidate without consent.” A heated debate was undertaken in the Council chamber with statements from both parties involved and for and against arguments heard four times by those attending Council. Both parties spoke of the effect of the situation on their mental and emotional wellbeing, and many in the chamber were visibly upset and uncomfortable by the tense atmosphere. The motion required a 2/3 majority to pass and after a vote was taken it was revealed there and then that the motion did not pass, failing to reach a 2/3 majority with 61 votes for the issue of disciplinary ensure and 39 votes against. This means that Algar will not receive
a disciplinary censure to be held on file. Speaking to the Courier about the outcome of the motion, Christopher Winter stated: “‘I am deeply saddened by the events in council on Thursday. This will set a dangerous precedent for the Students Union in the next year. Those who break the rules should be held accountable and, quite frankly, it is a disgrace that a small clique within the union was able to block a genuine attempt to correct a grievous and shameful act committed by the PTO for faith and belief. If we cannot condemn this, we can condemn nothing. The council has sown the wind, and soon they may reap the whirlwind.” Grace Algar declined to comment.
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