University policy changed to allow legal representation throughout a non-academic misconduct investigation

Louise O’Driscoll successfully made representations to the University of Essex to update their policy, allowing legal representation throughout a non-academic misconduct investigation.

Factual Summary

Louise O’Driscoll was recently instructed to represent a university student facing non-academic misconduct allegations.

The student instructed Louise as soon as the University contacted him about the allegations that had been made against him by a fellow student. This allowed Louise to understand the client’s case in full and work closely with him every step of the way. It was alleged that throughout a brief relationship, our client had raped the complainant on various occasions. This is something that our client strenuously denied.

The interview took place with the university and Louise O’Driscoll was present and able to offer support and guidance.

The university then issued our client with an invitation to attend the student committee hearing, where the panel would decide, on the balance of probabilities, whether the misconduct happened. At this point in time, the University of Essex did not permit legal representation in these hearings. Using case law and precedent, Louise O’Driscoll made strong representations to the University, that in a case as serious as this, the client should be afforded the right to legal representations.

Louise’s representations were successful, and the University amended its policy accordingly.

Panel Hearing

At the panel hearing, our client was represented by experienced counsel.

Several days before the hearing, the university served late evidence where other students had come forward to state that our client had displayed similar behaviour towards them. As a team, Louise and counsel scheduled an emergency conference with the client to take his instructions and prepare for the hearing.

The education team then went through extensive messages the client provided us with that may support his case and rebut the new evidence. Louise was successful in submitting these to the panel to be included by way of service of late evidence.

Outcome

After a lengthy panel hearing, spanning into a second day. The client was unfortunately found against.

Nonetheless Louise and her team were able to put forward compelling mitigation and the university allowed the client to remain at the university and complete his studies. This was truly important to the client as he was in his final year and had dedicated 3 years of study to his degree.

Despite the finding, the client and his family were truly grateful for the team’s effort and the fact that the student could complete his studies and graduate.

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