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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
University students in 2023 face a substantially different range of challenges to students in decades past. The reality is that universities have had to adapt rapidly to a post-#MeToo era, virtual learning and artificial intelligence – which have collectively caused a cacophony of issues in relation to student safety, welfare and the integrity of the academic world.
The problem is that students, particularly freshers, often have little to no idea as to how easily they can be caught by evolving university regulations, including the potentially serious consequences that can follow.
With the UCAS deadline for undergraduate courses looming, we share our five top tips for those about to embark on (perhaps) the most significant period of their life in the age of ever-increasing disciplinary action against university students.
It sounds obvious and somewhat flippant, but just like any job application, the best confidence you will gain from submitting any education-related application (for example, UCAS) or assignment is that you have (1) carefully proof-read it and (2) been truthful.
Lying on any application (including personal statements) or assignment can have devastating consequences for a student. Not only does it risk expulsion from an institution, but future employers are likely to find out about it which can affect job prospects substantially; many take the view that a dishonest student makes for a dishonest professional.
If you’re hoping to enter a regulated profession in the future, such as the law or medicine, you will be asked to declare investigations and/or adverse findings against you at university-level.
Just don’t risk it.
Freshers Week can be tremendous fun for every new student, offering a chance to get familiar with the locality, meet lifelong friends, and party until the early hours.
But this adrenaline, alcohol and (often) drug fuelled period is a high-risk time for early disciplinary action against students, which can also carry criminal consequences in serious cases. Have a quick read through your university’s policy on student misconduct and make sure that you do not fall foul of the regulations. It is better to be clued up and enjoy the period responsibly, than face an entry on your disciplinary record or an early exit from your university experience.
First, read Sandra Paul’s blog.
Second, get familiar with your university’s policy on sexual misconduct. Some actions which do not strictly amount to a criminal offence may still breach a university’s policy. Likewise, the definition of ‘consent’ may differ from the criminal law; there is no guarantee that the university will allow for a defence of having “reasonable belief” in consent, for example.
It is also worth noting that the standard of proof in relation to sexual offences in the criminal law (“beyond reasonable doubt”) is not the same as that in most disciplinary proceedings (“balance of probabilities”), meaning it is easier for individuals under investigation to be caught by the lower evidential threshold. The police taking no further action in relation to a complaint does not mean that the university will not investigate the complaint themselves; they most often do, and they will come to their own conclusion as to whether a particular matter is ‘proved’.
This is a seriously tricky and often uncertain area for modern-day students, so it is always better to be safe than sorry.
For example, did you know that reputational damage – i.e. any conduct which has caused or may cause serious damage to the reputation of the university – can qualify as a form of misconduct and may result in disciplinary proceedings?
This could include conduct such as posts on social media or offensive messages to other individuals. Take care in what you say, and how you say it.
Students should read their university's academic misconduct policy because it outlines the rules and expectations for academic integrity, and sets out the consequences for any violations. By understanding the policy, students can ensure that they are aware of what constitutes academic misconduct and how to avoid it, which can help them to avoid academic penalties and maintain their academic standing.
I didn’t write that. It was written by the most popular artificial intelligence bot on the internet right now, Chat GPT, after I asked it why students should read their university’s academic misconduct policy. I then asked it to make that rhyme in the style of a pirate:
Aye, ye students best be aware
Of the rules that be laid out fair
In the academic misconduct policy
So ye can sail through college with ease and glee
If ye don't read it, ye might be caught
In a violation, and that be a costly thought
So heed me advice, and read it through
And ye'll avoid academic trouble, me hearties, that be true!
In short, it is a very clever form of artificial intelligence – but universities are already on to students who use it for their assignments, having invested heavily in technology to tackle the rise in plagiarism, commissioning and collusion (particularly due to the increase in virtual assessments). The same goes for the many essay-writing businesses who make a fortune from students seeking to gain an unfair advantage.
The definitions of academic offences are often far wider than most students expect, so you must be careful to ensure you are referencing sources sufficiently and working independently when required. Academic misconduct is a form of dishonesty, for which universities impose heavy sanctions and in which future employers will take an unwelcome interest.
Please consider obtaining legal advice if you have any queries and check our Student FAQs page for further information.
If you have any questions or concerns about the content covered in this blog, please contact Shannett Thompson, Alfie Cranmer or a member of the Regulatory team.
Shannett Thompson is a Partner in the Regulatory Team having trained in the NHS and commenced her career exclusively defending doctors. She provides regulatory advice predominantly in the health and social care and education sectors. Shannett has vast experience advising regulated individuals, businesses such as clinics and care homes and students in respect of disciplinary investigations. She is a member of the private prosecutions team providing advice to individuals, business and charities in respect of prosecutions were traditional agencies are unwilling or unable to act. In addition Shannett has built up a significant niche in advising investors and businesses in the cannabis sector.
Alfie Cranmer is an associate in the firm’s Regulatory team. He specialises in advising regulated professionals who are subject to investigations and disciplinary proceedings in the legal, finance and healthcare sectors. He has a particular interest and expertise in advising students who face behavioural, sexual or academic misconduct allegations brought by their education providers.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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