Student Sexual Misconduct

At Kingsley Napley, we understand the emotional and academic challenges that students face when accused of sexual misconduct within a higher education institution. Whether the allegation is made by a fellow student, staff member or another party, it is crucial to obtain independent, expert advice to protect your rights and future. This is especially important where there is a risk that the behaviour complained about could also be the subject of a criminal investigation by the police.
 

Our criminal team offers comprehensive legal advice and support for students accused of sexual misconduct, guiding them through the investigation process, and any subsequent disciplinary process, while ensuring fair treatment and a robust defence. Where the alleged conduct is also capable of amounting to a criminal offence, our advice is tailored to maximise your ability to successfully navigate both situations.

When an educational institution, such as a university or college, receives an allegation of sexual harassment, assault, or any other form of sexual misconduct, they carry out an investigation, the outcome of which can have severe consequences on your academic standing, personal reputation and future employment, even if a report is not made to the police.

Each institution has its own disciplinary procedures, typically governed by policies such as codes of conduct or student handbooks, which set out how sexual misconduct allegations should be handled. While these procedures are separate from criminal investigations, the outcomes of the process can significantly impact your future, including academic sanctions, suspension or expulsion.

Navigating the disciplinary process can be complex. Here's what you can expect during this process and how we can assist you:

Step 1: Notification of the Allegation

The process typically begins when you are informed by the institution of a sexual misconduct allegation against you. This notification will outline the nature of the allegation and may provide a timeline for the investigation. Educational institutions are required to follow specific procedures when handling such allegations, but they are not always equipped to handle the sensitivity or complexity of sexual misconduct cases.

How we can help
 

• Review of the allegation: We carefully assess the specifics of the allegation and assist you in drafting a response.
• Understanding your rights: We ensure you fully understand your rights under the institution’s policies, as well as the options available to you for responding to the allegations.
• Confidential advice & support: We provide confidential, early advice to ensure you avoid any decisions that could negatively impact the investigation, your academic future or any potential criminal investigation.

Step 2: Investigation and Evidence Gathering

Once an allegation is made, an investigation will likely be carried out by an Investigating Officer (IO). This process typically includes gathering information by interviewing both the complainant and the respondent, and any witnesses identified by either party. The IO may also review any relevant documents, such as emails, social media, texts or video footage. Once the investigation is complete, the IO will produce an Investigation Report. One of the outcomes of an investigation is that the matter proceeds to a disciplinary process.

How we can help:
 

• Protecting your rights: We will help you prepare for any meetings or interviews with the IO. This includes providing advice on how to present your side of the story and protect your rights during the process.
• Ensuring fairness: We will identify the factors necessary to ensure that the IO follows proper procedures and that the investigation is conducted fairly. If there are issues with how the investigation is conducted, we will address them.
• Reviewing evidence: We will assist in reviewing all the information/evidence gathered and identify inconsistencies, gaps or inaccuracies. We can also assist in identifying the evidence which may support your account.

Step 3: The Disciplinary Hearing or Meeting

If the complaint proceeds to the disciplinary stage, a disciplinary meeting will be held. At the meeting the complainant and respondent’s accounts will be presented and both can be asked questions by the other party and the disciplinary panel. The panel will then evaluate the evidence and determine whether the alleged misconduct is proved. Depending on the findings, sanctions can be imposed which can include suspension, expulsion or other disciplinary actions.

How we can help:
 

• Hearing representation: We can provide representation during disciplinary meetings to ensure that you are treated fairly. This includes advising you on the presentation of your account and how to challenge the complainant’s account. There are several institutions which do not allow a legal representative to speak on behalf of a respondent, in those instances we can provide support to ensure that you are equipped to present your case.
• Challenging disciplinary actions: If the institution decides to impose sanctions, we can challenge the decision, either by presenting new evidence, highlighting flaws in the investigation or appealing the outcome.

Step 4: Outcome and Sanctions

The outcome of the disciplinary process may result in a variety of consequences, from dismissal of the allegation to severe academic sanctions. The institution may also impose other measures, such as non-contact with the complainant or restrictions on participation in certain academic or extracurricular activities.

How we can help:
 

• Minimising consequences: If the outcome is not in your favour, we work with you to minimise the impact of the sanctions. This could involve negotiating alternative sanctions or seeking adjustments to protect your academic standing.
• Appeals process: If you are dissatisfied with the decision or sanctions, we can guide you through the appeal process, which may include submitting a formal appeal to the Appeal Committee within the institution. If you are not satisfied with the appeal decision, we can advise you on raising a complaint with the Office of the Independent Adjudicator for Higher Education (England and Wales) or the Scottish Public Services Ombudsman (Scotland).

Step 5: Protecting Your Academic Future

Even after the investigation concludes, the effects of a sexual misconduct allegation can extend beyond the immediate sanctions. A record of such an allegation may impact your future opportunities, such as applications for further education, internships or employment.

How we can help:
 

• Reputation management: We offer advice on how to protect your academic and personal reputation in the aftermath of an investigation.
• Future safeguards: We can assist in negotiating terms that help mitigate the long-term impact of the disciplinary process, including ensuring that any disciplinary record is accurate, handled appropriately or expunged if possible.

At Kingsley Napley our experienced lawyers are well-versed in the unique challenges of navigating sexual misconduct procedures and understand the stakes involved.

If you are facing a sexual misconduct investigation or disciplinary at university or college, it is crucial to act quickly and seek independent advice. We can help you navigate the process, defend your rights and safeguard your future.

We work closely with our Regulatory, Dispute Resolution, Employment and Public Law Teams in assisting clients. However, if the misconduct alleged is confined to academic misconduct, our dedicated Regulatory Team will be best placed to assist you.