University Misconduct Investigations and Hearings

Student misconduct refers to any behaviour that violates the established Code of Conduct within an educational institution. This can range from academic dishonesty, plagiarism, and cheating to more serious infractions like harassment, bullying, criminal activity and sexual allegations.

Universities take such matters seriously because they not only undermine the learning environment but can also pose a risk to the safety and well-being of the entire university community.

When a college or university receives a report or complaint of student misconduct, it triggers an investigation. This process is designed to ensure a fair and unbiased examination of the alleged misconduct. The investigation is typically conducted either by designated individuals within the institution’s administration or by a specialised external investigator (commonly former police officers). It is important to note that investigations should be confidential, objective, and respectful of all parties involved.

When an incident is being investigated by the police, the university must halt their involvement and allow the police investigation, and possible court proceedings, to take precedence.

While the criminal case is ongoing the accused will be subject to precautionary action.

We also have wide experience of representing students in police investigations and prosecutions

Once the investigation is complete, the institution may proceed with a disciplinary hearing or a meeting to determine the appropriate action. The terminology varies but typical names for these proceedings are: Misconduct and Disciplinary Panel, Committee, Hearing.

During disciplinary proceedings, both parties have the right to present their case, provide evidence, and call witnesses. Witnesses can be asked questions by the other side. Rules allowing “cross examination” vary by university.

Legal representation is often allowed, although the actual extent allowed varies by institution. Some universities will explicitly state that a responding party cannot have a lawyer to represent them, or be present at the hearing. However, we often find that once one of our lawyers have made robust written representations to a university, they often comply and allow our involvement.

The proceedings should be conducted in a manner that upholds fairness and transparency.

Findings are made on the “balance of probabilities”. The Panel will decide whether a student is more likely than not to have behaved as alleged. This is very different to the standard used in the Criminal Courts where the jury, judge or magistrates must be sure of a Defendant’s guilt “beyond all reasonable doubt” before finding them guilty.

It is very common for someone to be found not guilty after trial, or have no further police action taken against them, only for them to be investigated by their university afterwards.

Should a student be found responsible for misconduct universities have a broad suite of sanctions available to them.  Sanctions vary between institutions but the below are typically issued in most universities

Students have the right to appeal the outcome of a disciplinary proceeding. The appeals process varies by institution but typically involves submitting a written appeal outlining the grounds for disagreement with the decision. Appeals are typically only allowed where there is new evidence which was not available at the time of the disciplinary or if there was a procedural irregularity.

An appeal is usually considered by a higher-level administrative body within the university that reviews the evidence and the procedures followed during the investigation and proceedings.

A student can appeal either the finding against them, or the sanction(s) imposed, or both.

Navigating the intricacies of university investigations and disciplinary proceedings can be overwhelming, especially for students who are unfamiliar with legal processes. This is where Lupton Fawcett steps in as a trusted ally. Our team of experienced solicitors specialise in providing tailored guidance and support to students facing allegations of misconduct.

1. Expert Legal Advice

Our solicitors can leverage a wealth of knowledge in education law and student misconduct cases. We understand the nuances of university procedures and are well-equipped to provide clear, accurate legal advice. We assess the details of each case, offering insights into the potential outcomes and helping students make informed decisions.

2. Effective Communication

Good and effective communication is a cornerstone of our approach. We liaise with university officials, investigators, and disciplinary panels on behalf of our clients, ensuring that all legal aspects are addressed and that our clients’ rights are upheld throughout the process.

We can gather and submit evidence, make representations on our clients’ behalf, and represent them at a misconduct panel.

3. Comprehensive Representation

Our solicitors are adept at crafting strong legal arguments and presenting compelling cases. Each solicitor in the Regulatory and Corporate Defence team is an experienced advocate, having represented Defendants accused of some of the most serious criminal offences.  

We aim to secure the best possible outcome for our clients, whether that involves negotiating a fair resolution or advocating their case during disciplinary hearings.

4. Appeals and Grievances

In cases where a student feels that the outcome of a disciplinary proceeding is unjust, our solicitors can assist in navigating the appeals process. We help gather evidence, craft appeals, and represent our clients in seeking a fair reconsideration of their case.

It is crucial for educational institutions to ensure that their procedures comply with legal requirements to avoid potential legal challenges. Likewise, students accused of misconduct should be aware of their rights and seek legal advice if necessary.

Student misconduct investigations and proceedings are integral to maintaining a safe and respectful educational environment. Properly conducted investigations uphold the principles of fairness, due process, and transparency. For institutions, following well-defined procedures and respecting the rights of all parties involved is essential. For students facing allegations, understanding the process and seeking appropriate advice can help ensure their rights are protected throughout the investigation and proceedings.

Facing allegations of misconduct while pursuing higher education can be a daunting experience. However, students can find reassurance and effective guidance through Lupton Fawcett’s dedicated legal services. Our experienced team understands the complexities of student misconduct investigations and proceedings, providing students with the tools they need to protect their rights and advocate for a fair resolution.