“Misconduct did not occur” – student cleared of sexual misconduct against a fellow student whilst on a University organised excursion

Louise O’Driscoll successfully defended a student facing a serious allegation of sexual misconduct.

Factual summary

In November 2024, our client was issued with an invitation to a student discipline misconduct panel regarding an allegation of sexual misconduct. The alleged event took place on a university-organised Ski trip. The parties met at a bar in the Ski resort and went back to her accommodation together.

Having engaged in sexual activity, they left her flat and headed to our client’s flat where they had sex again and spent the night together. In the morning, the complainant alleged that she had no memory of events the previous night and could not remember sex taking place at our client’s flat, so had no capacity to consent. There were messages between her and her friends which appeared to corroborate her being incapacitated but Louise was able to demonstrate how her behaviour was perceived differently by the reported student and in doing so demonstrating how his belief in her consent was reasonable.

On return to the UK, the complainant reported the sexual misconduct and it was investigated by an independent investigation team appointed by the university.

This alleged misconduct was characterised as a category C level, which meant that significant harm or disruption was caused, or a severe impact on the proper functioning of or activities of the university. The student was at risk of expulsion from his course if the misconduct was found to be proven.

Panel Hearing

Louise O’Driscoll was instructed by our client from the very beginning, supported the student during his interview and was instrumental in preparing the student for his misconduct hearing. Louise conducted research, reviewed the evidence bundle, which included statements from friends that were there on the night in question, as well as text messages and photos of their night out. She ensured that the client understood all of the evidence as well as helped the client respond to each and every statement provided. Louise supported the student in drafting a full response statement as well as preparing questions to be put to the reporting party via the chair and a closing statement drawing together all the salient points for the Panel to consider in the student’s defence.

Louise had a limited active role in the hearing due to the university’s restrictive policy on legal representation, although the student was fully prepared given the work that had been undertaken prior to the hearing. Louise was there to support the client for the entirety of the hearing and was able to ensure that the hearing was conducted fairly.

Outcome

The Panel, on a balance of probabilities, found there was no case to answer. It was a great result considering the evidence that was involved and therefore made the experience all the more rewarding.

After the outcome of the proceedings, the client’s mother commented “Thank you for all of your help. We were very lucky to find you.”

If you need advice or representation in a university misconduct case, contact us and ask for Louise O’Driscoll.