Sexual misconduct allegedly committed by school and university students is an issue that has grown in prominence over recent years. Any allegation of inappropriate student behaviour is much more likely to lead to investigation than it was even a decade ago.

Most claims of sexual misconduct by students result in some form of police attention. But even allegations which are not investigated by the police will prompt an official inquiry by the relevant educational establishment.

These internal investigations may have laudable aims. But they can also offend the principles of natural justice. They may take a heavy toll on the young people involved; can result in potentially life changing sanction; and can negatively impact any current – or potential – criminal investigation.

Any young person who finds themselves accused of sexual misconduct in an educational environment is advised to treat their institution’s internal proceedings with caution and to take steps to protect their rights throughout.

What is sexual misconduct at school and university?

A wide variety of behaviours may be considered to comprise sexual misconduct at school or university. They include using sexist or misogynistic language; physical, verbal or virtual harassment; ‘revenge porn’; unwanted touching; and various forms of sexual assault including rape.

The misconduct in question may relate to claims that a young person victimised a fellow student. They may equally refer to the alleged victimisation of a member of staff.

The impact of an allegation of sexual misconduct can be extremely serious even when a suspect is eventually cleared of all wrongdoing.

A suspected student may, for example, be suspended from university while an investigation takes place. This suspension could last for many months. They may alternatively be prohibited from talking to or meeting certain friends or members of a study group.

Most schools and universities retain the power to dismiss students found to have committed sexual misconduct. Dependent on their procedures they may also be able to impose fines.

A criminal investigation can, of course, result in the most serious sanctions of all.

Anyone who fears they could be the subject of a claim of non-academic misconduct is advised to take their educational establishment’s investigation seriously, to familiarise themselves with its rules and procedures, and to seek legal advice if possible.

What do schools and universities do when an allegation of sexual misconduct is made?

Every school, college and university should have in place a published disciplinary procedure or policy which details how it deals with any allegation of sexual misconduct made against a pupil or student.

It is an unfortunate fact that these procedures are not standard across every school, college and university in the country (this is something Hickman & Rose’s Jenny Wiltshire is campaigning to change).

Every educational establishment owes a duty of care to everyone involved in a misconduct matter. Internal investigations must therefore be carried out with appropriate regard for the rights of complainants, witnesses, and suspects.

Effectively protecting the legal position of someone caught up in a sexual misconduct matter relies on having a full understanding of the relevant institution’s policies, and 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 the school / university staff involved in investigating and determining the truth of an allegation are not appropriately independent.

There is no general right to independent legal representation in internal disciplinary proceedings. It may be necessary to challenge this policy, and how it is being implemented to ensure a student is properly represented, and their rights protected.

Will the police become involved in an allegation of sexual misconduct at school or university?

Most school and university disciplinary procedures stipulate that if an allegation of sexual misconduct breaches a certain (usually quite low) threshold of seriousness, it should automatically be passed onto the police. The institution’s published procedure should then set out how, exactly, information about the allegation will be shared with the police.

The overriding importance of the criminal investigation means that in case when a police force is – or may be – involved, it is vital to ensure its work is not adversely impacted by the internal disciplinary proceeding.

It may be the case that in an (understandable) desire to co-operate with their school or university, a student wishes to provide their school or university with an account of a disputed event which is not supported by evidence.

The student may feel under pressure to provide this without sufficient time to reflect or to seek advice.

Anyone accused of sexual misconduct at school or university should know that any version of events put forward in a school or university investigation could get into the hands of the police. Thus it may be that the details in a hastily-provided account may be undermined by the police investigation.

The fact that the police are not investigating when an allegation is being dealt with by a school or university does not mean that they will not in the future. There are no time limits on a criminal investigation into, or prosecuting of, a sexual offence.

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.

What happens to a student accused of sexual misconduct?

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 require them to sever contact with their friends, move to a different town or city, put their education on hold, and miss 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 expert solicitors can help with sexual misconduct allegations at school or university

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 due to 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 subjected 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.