If found guilty of serious misconduct, the consequences can be severe, including possible expulsion. We have extensive experience acting in misconduct proceedings in both school and university settings. We work closely with our clients to support them throughout the process and to see that they have the best possible chance of successfully completing their studies.
Schools and universities retain a wide discretion to investigate allegations of misconduct. The range of possible misconduct investigated by universities has widened significantly, most notably in relation to allegations of a sexual nature. Not long ago, universities would refer students making criminal complaints to the police. Now, most providers investigate almost any alleged misconduct, even if the incident took place off university property. Given that there are around two million students studying at UK higher education providers at any given time, this represents a sizeable jurisdiction. The responsibility has been overwhelming for some universities, who act as investigator, prosecutor, judge, and jury. The result is a process that is arguably unfairly weighted against the accused.
We provide advice and assistance from the earliest stages of an investigation, and where necessary, throughout the tribunal process. Where a finding of misconduct is made, we assist our clients in presenting their mitigation, fighting for as lenient a sanction possible.
The criminal justice system and education providers face many of the same challenges. Our experience and expertise in both settings means we are uniquely placed to help our clients achieve their objectives. Where a school or university is investigating an allegation that could amount to a criminal offence, we ensure that the rights and interests of our clients are protected, avoiding any prejudice in future proceedings.
Our expertise
We know the toll that being subject to investigation and misconduct proceedings can take. Our team of specialist and skilled lawyers will provide an empathetic and supportive environment while working tirelessly for you to prepare your most effective response.
We provide beginning to end representation to guide you through the entire course of an investigation, including in connection with:
- advice and support when facing investigation, including guidance in relation to university policies and procedures;
- conducting enquiries, including identifying and preserving evidence;
- identifying and interviewing potential witnesses;
- preparation for interviews with investigators;
- support and representation during interviews, where permitted by the university;
- preparing written representations against a finding of misconduct to the university decision-making body;
- support and representation during the misconduct panel hearing; and
- appeals against the decisions of misconduct panels, including in relation to findings of fact and the imposition of sanctions.
Our experience
Examples of our instructions include:
- Representing an Oxbridge student who was subject to disciplinary action by his college in respect of an alleged breach of college disciplines (serious sexual assault). We successfully submitted that the college ought to instruct independent disclosure counsel, which resulted in the discovery of suspected doctored evidence by the complainant. This resulted in proceedings being discontinued on day one of the hearing, and thereafter we applied for and secured the payment of the entirety of our client’s legal fees by the college.
- Successful representation of a university student accused of rape, said to have occurred outside of the university setting. Following a hearing (prior to which it was successfully argued that our client had the right to be legally represented), the Panel found that the allegations were not proven.
- Advising a student at a London-based university in respect of the university disciplinary procedure following an allegation of rape by a fellow student. Following a hearing, the university dismissed the allegation.
- Advising a university student in respect of alleged breaches of the university regulations concerning inappropriate sexual conduct and/or harassment and drunken or otherwise deemed to be inappropriate behaviour towards another student. Our client effectively engaged with the process, and he was issued with a written warning and permitted to continue with his studies.
- Assisting a student and victim of a serious assault in challenging the decision of a university disciplinary panel to take no action against the perpetrator, also a student at the same university.
