Medical Student Cleared of Sexual Misconduct Allegations and Deemed Fit to Practise
Louise O’Driscoll and Lily Nutbrown were recently instructed to represent a university medical student who was simultaneously facing allegations of sexual misconduct and a fitness to practise investigation.
Background
The student sought assistance from Richard Nelson LLP, having already gone through the investigation process, which included an interview with the disciplinary team and an interview with the fitness to practise team. Both departments referred the matter to the University Senate Disciplinary Decision Committee, and a hearing was scheduled to consider both aspects together.
This approach was unusual, as fitness to practise hearings are typically held separately from non-academic misconduct hearings. Combining the two made the case particularly complex, requiring extensive preparation and detailed coverage of both legal and procedural issues.
Our Approach
Upon instruction, the team promptly notified the University that they were acting on the student’s behalf and cited relevant case law to assert the student’s right to legal representation. The University agreed and permitted the student legal representation.
The facts of the case involved a non-student contacting the University, alleging our client had engaged in non-consensual intercourse with her; she stated that she was a vulnerable person who was unable to give consent. This, in criminal terms, is akin to rape. As the client is a medical student, he is held to a higher standard than a student on a non-regulated course; he is expected to be able to identify a vulnerable person, and the university therefore also considered the student’s fitness to practise.
Louise and Lily carefully reviewed all case documentation, held multiple conferences with the client, and identified further evidence to support his defence. A comprehensive 22-page statement was prepared and submitted to the panel for consideration, along with other supporting evidence.
Panel hearing and outcome
The hearing lasted just under a whole day. The reporting party gave evidence and was questioned by the panel, using questions prepared in advance by Louise O’Driscoll. The client then gave his own evidence through a structured question-and-answer session led by Louise, ensuring that key points were clearly presented. Louise subsequently delivered closing submissions before the panel retired to deliberate.
A week later, the panel issued its decision: the client was fully cleared of all allegations against him and was found fit to practise.
Continuity of Representation
Louise regularly represents clients not only in preparing their cases but also in personally conducting the panel hearings, rather than instructing external counsel. This continuity allows clients to benefit from consistent support and a trusted rapport throughout the process, which can make a significant difference in outcomes.
Client Feedback
The client was very pleased with the team’s services and left the following review:
“Lily gave support during a very difficult time when I was dealing with a complex fitness to practise and misconduct case submitted to my university by an ex-partner. The situation was extremely stressful, but Lily’s professionalism and compassion made a huge difference. She was always quick to respond to my emails and calls, providing clear guidance and reassurance throughout. Her support helped me feel more confident and less anxious during an incredibly challenging period. I’m very grateful for her help and would highly recommend her to anyone facing similar circumstances”
If you are a student facing allegations of university misconduct, we recommend seeking legal guidance at the earliest possible opportunity. Get in touch with our education solicitors to discuss how we can help.
