Student Misconduct Inquiries

What is the process for a university investigating a non-academic misconduct matter involving a student?

A university can investigate a whole range of behaviour which contravene its student conduct policy. These will include offences which also amount to criminal offences such as serious sexual allegations though to harassment. The process can be daunting and complicated so students should seek support from an experienced lawyer as soon as possible. Typically the university will write to the accused notifying them that they are under investigation and inform them of the next steps. Either at this time, or shortly thereafter, the student will be sent an outline of the allegation they are facing as well as the evidence against them. The student will then be invited to respond to the allegation and file their own evidence. This could be in a narrative document or a formal witness statement. This is a crucial stage where legal guidance is incredibly beneficial, as this document will likely be closely examined later in the process for any inconsistencies. Written submissions may also be necessary to address procedural or disclosure issues, helping to ensure a fair process from the start.

Universities will often appoint an independent investigator—either a member of staff or an external contractor, such as a retired police officer or a career investigator—to look into the matter. These individuals are skilled at establishing facts and presenting evidence to the decision-maker, so having professional help on their side is critical for a student before submitting their case.

After a preliminary review of the evidence, a decision will be made on whether to hold a formal disciplinary hearing. This hearing is usually conducted by a panel of senior academic staff members.

If the matter proceeds to a hearing, our education solicitors will work with the student to build a proactive defence. We'll help them explore potential defence witnesses and analyse any relevant evidence, including digital communications. If necessary, we can also collaborate with forensic experts, psychologists, or other specialists. At the hearing, one of our solicitors can attend with the student to provide representation and advocate for the best possible outcome.

In cases where a student admits to the alleged misconduct, we can help them prepare and present a strong case for mitigation. This can include gathering character witnesses and making a persuasive argument for a proportionate and appropriate sanction.

Finally, if the university's decision is against a student or a disproportionate sanction is imposed, we can help them consider whether there are grounds for an appeal.

Possible Sanctions For Student Misconduct

If the allegation is proven, the panel will then decide what punishment to impose. Typically, the available sanctions will include removing a student from the course or university completely, excluding them from certain parts of campus or, fines.

Dismissal from the course and/or university can have a devastating impact upon a young person’s future study and career prospects, finances and mental health.

It is essential that anyone facing misconduct allegations appoints as lawyer as soon as possible.