Misconduct allegedly committed by school or university students is an issue that has gained increased prominence in the national discourse over recent years. The growing awareness of this issue means young people are more likely to face investigation into claims of wrongdoing said to have taken place in the educational environment.
Misconduct allegations generally fall into one of two categories: academic and non-academic. Academic misconduct refers to underhand behaviour employed by a student to gain an academic advantage. Examples include plagiarism and falsification of data.
Non-academic misconduct is misbehaviour unrelated to someone’s studies. It can include allegations of bullying, violence, sexual misconduct, sexual harassment and sharing inappropriate images.
Most, if not all, allegations of non-academic misconduct can, if proven, also amount to criminal offences.
Hickman & Rose specialise in representing individuals caught up in allegations of non-academic misconduct when these matters interact with the criminal law. Our experience in both the disciplinary and criminal aspects of these matters mean we have the tactical awareness to help navigate clients through what can be difficult situations.
There have been numerous reports of an increase in the number of allegations of serious sexual offences, including rape, sexual assault and ‘revenge porn’ made against school pupils and students in further education.
These allegations may relate to claims that a young person victimised a fellow student. Or they could refer to the alleged victimisation of a member of staff.
Every UK school, college and university should have in place a published disciplinary procedure or policy detailing how it deals with an allegation of non-academic misconduct made against a pupil or student.
Depending on the contents of this code, a non-academic misconduct matter may be dealt with by a school or university. But this is not always the case. Allegations of non-academic misconduct are regularly referred to outside agencies such as the police.
Anyone who is made aware that they are the subject of a claim of non-academic misconduct is advised to take this seriously, and to seek legal advice if possible.
It is an unfortunate fact that disciplinary procedures for dealing with non-academic misconduct are not standard across the educational sector and discrepancies between policies can cause unnecessary confusion for all parties and can lead to outcomes which are unfair (this a topic Hickman & Rose’s Head of Serious and General Crime Jenny Wiltshire has written about extensively).
All schools and universities owe a duty of care to everyone involved in these matters. Investigations and proceedings should be carried out with appropriate regard for the rights of complainants, witnesses, and suspects.
Effectively protecting the legal position of anyone caught up in a non-academic misconduct matter relies on having an understanding of the relevant institution’s policies, and also the tactical awareness to ensure an individual’s position is protected throughout.
Disciplinary procedures are not always fit for purpose. Even in cases where the procedure is itself fair and reasonable, it may be the case that this is not applied correctly. A common problem, for example, is that staff involved in investigating and determining the truth of an allegation are not appropriately independent.
Nor is there a general right to independent legal representation in internal disciplinary proceedings. It may be necessary to challenge the policy and how it is being implemented to ensure a student is properly represented, and their rights protected.
Not every investigation into an allegation of non-academic misconduct will involve the police. However, many do. This is particularly the case when the allegation is of a sexual nature.
An educational establishment’s disciplinary procedure should set out under what circumstances, and how, information about the allegation will be shared with the police.
The overriding importance of a criminal investigation means it is vital that anything said to, or done during, a disciplinary proceeding has no adverse impact on any potential criminal investigation. It is often the case that in the understandable wish to co-operate a student provides their school or university with an account of a disputed event which is not supported by evidence. This account, which may be provided when under pressure and without sufficient time to reflect or to seek advice, may later be undermined in any subsequent criminal case.
The are no time limits on investigating or prosecuting a sexual offence, irrespective of the age of the young person said to be responsible. Just because the police are not investigating at the time an allegation is being dealt with by a school or university, it does not mean that they will not in the future. The utmost care must be taken in the knowledge that any version of events put forward in a school or university investigation could get into the hands of the police.
Hickman & Rose partner Peter Csemiczky has written a blog setting out the basic steps anyone accused of sexual misconduct at school should consider, but anyone being investigated by the police in relation to an allegation of misconduct is strongly advised to obtain independent legal representation.
Most school and university disciplinary procedures allow the educational establishment to suspend, or restrict, a student while an investigation into the alleged behaviour takes place.
A restriction (which may last months) can be disruptive and traumatic for the student in question. It may necessitate them severing contact with their friends, moving to a different town or city, putting their education on hold, and missing what should be one of the best periods of their lives.
All this before there has been any decision on the truth of the allegation.
While the best strategy to protect an accused student’s rights (and enable them to continue to study) will vary depending on the precise nature of the matter, it may be necessary for the subject of a misconduct investigation to adopt a robust legal attitude to the school or university in question.
It is possible, for example, to successfully challenge the fact and terms of a temporary suspension so that a student can continue their studies whilst the allegation is resolved
How our solicitors can help with non-academic misconduct
Hickman & Rose is one of the country’s leading criminal defence law firms. Our team specialise in representing individuals caught up in misconduct matters which do involve – or could potentially involve – the police.
Our lawyers pride themselves on providing a discreet and empathetic service to young people (and their families) who may be experiencing distress as a result of the allegations made against them.
We have achieved significant successes on behalf our clients, who have included:
- A student at a leading university, accused of rape, on whose behalf we challenged the procedural fairness of disciplinary proceedings, including his right to representation, which ultimately led to a successful complaint to the OIA.
- A medical student who faced career-ending allegations of sexual misconduct and bullying. We assisted in preparing his account and supporting evidence which ultimately led to no adverse finding.
- Students at fee paying schools who are subject to allegations of sexual misconduct being dealt with by both the police and school. We have ensured that the school stop any actions to allow the police investigation to reach a successful conclusion