Student Disciplinary Proceedings

Our award-winning team of criminal defence solicitors are highly experienced in defending children and students against allegations of sexual assaults, ensuring they get the extra support they need when facing these challenging claims.

Ensuring a Fair Process BSQ’s expertise in defending individuals accused of allegations of sexual misconduct extends to university, school or college disciplinary investigations and hearings. BSQ partner Roger Sahota has acted in a number of cases representing students who believe they have been falsely accused of sexual assault in school or campus disciplinary hearings.

Typically these allegations will be dealt with by the college or university as a breach of their student code of conduct. After the student is notified a complaint is made an investigation will begin. The findings will be passed to a disciplinary panel which will convene to decide if the allegations are proved. Where allegations are found to be proved by an internal disciplinary body the consequences can be serious. Student expulsion may result.

Given the possible sanctions - excluding a student from their course will have life changing consequences for a students reputation and career prospects - in our view anyone who finds themselves in this position should seek legal advice. Legal representation is often necessary because education providers often follow internal processes which sadly do not respect the right of an accused to a fair process. Internal school

investigations concerning pupils accused of out of school conduct should be carefully handled for example where there is a parallel police investigation - see our case study regarding Student A below. Unfortunately, many schools universities and colleges operate disciplinary codes of conduct which deny students with the right to test the evidence against them at a formal hearing or to proper legal representation during a disciplinary process. Questionable practices are often followed when disciplinary hearings are held.

There may be no opportunity given to challenge the evidence of a complainant through e.g. cross-examination or make submissions about the sufficiency of evidence or the weight to be attached to hearsay. No reasoned decision may be provided by the Panel at the conclusion. Experience shows that these practices can be unlawful and are open to challenge if lawyers are instructed at an early stage to ensure that the process is fair.

BSQ has also found that problems arise because students who are unrepresented encounter difficulties dealing with well intentioned administrators overseeing the disciplinary process who are also often unaware of the law that applies in this area. Just because a school or universities code of conduct specifically excludes the right to legal representation during a disciplinary process for example, does not mean this cannot be challenged.

Some of our clients perceive that many fee paying institutions in particular appear to “rush to judgment” in these situations perhaps because of a desire to protect their reputations.

As our case study for Student X demonstrates, the courts have held that University and college disciplinary processes must comply with the “rules of natural justice” also known as “due process”. It is an “implied” term of any contract between a university and an education provider that a student disciplinary code must comply with basic principles of “natural justice’ and fairness. Where the allegations made against a student are serious and could lead to exclusion the courts have held that natural justice dictates that the person accused should have legal representation.

Recent guidance from Universities UK reinforces this - referring to the “fundamental rights” of the accused which includes the need to “uphold fundamental principles relating to a fair hearing for the accused student su ch as the right for the accused to hear the evidence against him/her and the right to “test” that evidence.” The Office of the Independent Adjudicators Good Practice Framework: Disciplinary Procedures also states that “It is good practice for providers to permit legal representation in complex disciplinary cases, or where the consequences for the student are potentially very serious.”

Case Study - Student A, University Internal Process

Following a highly competitive selection process, Student A was accepted at a prestigious College Y on a Postgraduate course. Student A attended a term time student party. After the party he was accused of sexual assault by a fellow student. It was alleged that he had touched the student inappropriately whilst dancing. X denied this. College Y initiated their disciplinary process. An internal investigation followed which was conducted by an external law firm. Statements were taken from the parties. A file was compiled and passed to a Disciplinary Panel. The allegations were found to be proved by the Panel on a review of the papers. No hearing was ordered. A was not allowed legal representation. College Y’s Student Disciplinary Policy did not require a formal hearing or provide a right to legal representation. BSQ sent a letter before action to College B asking them to pause the disciplinary process whilst reviewing it with a mind it restarting the process to guarantee A his rights. While the disciplinary proceedings were governed by the terms of the contract between H and the college, BSQ asserted that the college also had an obligation to ensure that the procedure to be adopted complied with the rules of natural justice. Our demands led to the college reviewing the procedure they had decided to adopt and abandoning and restarting their case.

At a lengthy hearing lasting half a day the panel’s final decision meant that our client was able to finish his course and receive his qualification on graduation.

Case Study - Student B - School and Police Investigation

Student B was a sixth form student enrolled at a mixed fee paying school. B was accused of inappropriate conduct towards a fellow student at school and also of sexual assault at a party outside school. The sexual assault allegation was the subject of a police investigation. At school an internal investigation was also started. BSQ advised B and his parents. The school decided after receiving representations to pause their enquiry until the criminal investigation was concluded. A was interviewed by police and no further action taken. Following this the school decided not to take their internal enquiry further.

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