University Sexual Misconduct
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Sexual Misconduct in University – Defence Lawyer for Students
Allegations of sexual misconduct between students are treated with the utmost seriousness by universities. These cases are often dealt with through formal disciplinary procedures that run separately from the criminal justice system. A student may be suspended from their studies while the investigation takes place and, if the allegation is upheld, the consequences can include permanent exclusion from the university.
At Clifford Johnston & Co, we represent students accused of sexual misconduct across England and Wales. Our team is led by Jared McNally, Head of the Criminal Law and Professional Discipline Department, who is a solicitor with extensive experience defending individuals facing serious sexual allegations and parallel university proceedings. We understand the pressure these cases bring and we act quickly to protect your interests at every stage.
With over 35 years of experience in criminal defence, we have successfully advised students from a wide range of universities, including those in Manchester, Stockport and beyond. Our work often includes preparing responses under university procedures, advising during precautionary measures, and ensuring consistency where police investigations are also underway.
If you are being accused of sexual misconduct at university, contact us immediately. Early legal advice is essential to protect your position and secure the best possible outcome.
How Clifford Johnston Can Help?
If you are a student accused of sexual misconduct at university, acting quickly can make all the difference. In the early stages, universities often ask students to provide written statements. Investigators may also impose restrictions such as suspensions or contact bans while they gather evidence. Once these processes begin, the way your case is handled and how you respond, will shape the outcome.
We are experienced in defending students throughout every stage of university disciplinary proceedings. This includes:
- Advising you before the submission of any written account or response to allegations.
- Preparing you for misconduct hearings, including drafting statements.
- Liaising with the university to address procedural concerns or failures in disclosure.
- Advising where the police are also involved and ensuring both cases are managed consistently.
Our criminal defence solicitors and regulatory solicitors work together to provide a seamless and strategic approach. We are often instructed where there is crossover between university proceedings and potential criminal allegations and we understand how decisions made in one setting can impact the other.
You will receive clear, realistic advice from the outset, and we will take every possible step to protect your future.
What is Considered Sexual Misconduct at University?
Sexual misconduct in a university setting can cover a wide range of behaviour. These cases are typically dealt with under the institution’s non-academic misconduct procedures, separate from any police investigation. Universities will often take action even if the complainant has chosen not to involve the police or where no criminal charges are brought. Allegations of Sexual Misconduct at
University may include:
- Unwanted sexual contact or touching
- Non-consensual sexual activity, including rape or assault
- Sexual activity where the other person is intoxicated or incapable of giving consent
- Sharing or distributing sexually explicit images or videos without consent (including ‘revenge porn’)
- Recording sexual content without permission
- Persistent or unwanted sexual advances
- Sexually suggestive messages, comments or jokes
- Harassment in person, online, or via messaging platforms
- Use of degrading, misogynistic or sexually offensive language
- Creating or spreading sexual rumours
- Engaging in sexual behaviour in shared or public spaces causing distress to others
- Stalking with a sexual element
The definitions and procedures used can vary between institutions but, in all cases, the consequences of a proven allegation can be severe. A finding of sexual misconduct may result in permanent exclusion from your university, and it can have a serious impact on your academic and professional future.
Even where the police are not involved, these are serious allegations that must be handled with care. Early legal advice is essential.
What Happens After a Complaint Is Made?
When a university receives a complaint of sexual misconduct, it will usually begin a formal disciplinary process under its non-academic misconduct policy. Each institution has its own procedures, but most follow a similar structure.
In many cases, the student accused will not be told about the allegation immediately. The university may first carry out a preliminary assessment, often led by a safeguarding officer or misconduct coordinator, to determine whether the complaint meets the threshold for investigation.
Once the process begins, the university may impose precautionary measures. These can include suspension from your course, restrictions on campus access, or a ban on contacting the complainant or other named individuals. These measures are usually put in place before any formal hearing has taken place and can last for weeks or even months.
Where the police are involved, the university may pause its investigation. However, this is not guaranteed and in some cases both processes will continue at the same time. Statements made to the university may later be shared with the police, so it is vital to take legal advice before responding.
The Process for Non-Academic Misconduct Investigations
When a university receives an allegation of sexual misconduct, it will begin a formal disciplinary investigation under its non-academic misconduct procedures. Although policies differ between institutions, most follow a similar structure.
Preliminary Assessment
Before notifying the accused student, the university will usually conduct an internal review to decide whether the complaint meets the threshold for investigation. This decision is often made by a safeguarding officer or designated misconduct lead.
Notification and Precautionary Action
If an investigation is opened, the student will be formally notified in writing. The letter will outline the allegation and may request a written response. In many cases, the university will impose precautionary measures, such as suspension from studies, restrictions on campus access, or no-contact orders. These are usually imposed without a hearing and can remain in place throughout the process.
Appointment of Investigator
The university will appoint an investigator to collect evidence and prepare a report. This may be a senior staff member or an external investigator, such as a former police officer. Their role is to assess the facts and decide whether the case should proceed to a hearing.
Evidence Gathering
The investigator may review emails, social media messages, phone records, and witness accounts. They can also interview the complainant, the student accused, and any other relevant individuals. You may be asked to provide supporting material, such as screenshots or a timeline of events.
The Written Statement
Students accused are usually asked to submit a written account of what happened. This statement becomes a central piece of evidence in the case and may also be passed to the police if they become involved.
This is not a box-ticking exercise. It must be handled carefully. Any inconsistency, omission or poorly worded response can seriously damage your case. We strongly advise against submitting anything without first obtaining legal advice. Our solicitors are experienced in preparing detailed, accurate responses that protect your position and ensure your account is presented fairly.
Investigation Report and Next Steps
Once the investigation is complete, the investigator will prepare a report summarising the evidence and recommending whether the case should go to a disciplinary panel. If a hearing is recommended, the student will usually receive a copy of the report and be invited to submit a response before a final decision is made.
At every stage, there may be opportunities to challenge procedural errors or unfair decisions, including delays, lack of disclosure, or bias in the investigation. We will help you raise these issues firmly and constructively to safeguard your rights.
Misconduct Hearings & Disciplinary Panels
If the university decides there is a case to answer, it will refer the matter to a disciplinary panel or misconduct hearing. This is a formal process where a panel of staff members — often including senior academics or administrators — will hear the case and decide whether the allegation is proven.
The Panel
The composition of the panel varies between institutions, but it usually includes at least one member of academic staff and someone from student services or the university’s legal or governance team. The panel is expected to act independently, but it is not a court of law and the procedures may not offer the same level of protection.
The Hearing
The hearing will usually involve:
- Presentation of the investigator’s report and supporting evidence
- Questions to the student and any witnesses
- Consideration of written submissions or additional evidence
- A decision on whether the allegation is proven, based on the balance of probabilities
This is not the same as the criminal standard of proof. The panel does not have to be “sure.” they must simply believe it is more likely than not that the misconduct occurred. This lower threshold means that a student may be found in breach of the university’s rules even if the police have taken no further action.
The way evidence is presented, challenged, and interpreted at this stage is critical. We prepare students thoroughly for the hearing, draft persuasive submissions, and challenge flawed or unfair findings both during and after the process.
Can The Police Be Involved?
Yes. If a university believes an allegation may amount to a criminal offence, it is likely to refer the matter to the police. The complainant may also choose to report it independently. Some universities will pause their internal process during a police investigation, but this is not always the case. Disciplinary proceedings can continue alongside a criminal investigation.
This creates significant legal risk. Any statement given to the university may be shared with the police and used as evidence. Even well-meaning or early comments can cause serious problems later. There is no time limit for charging sexual offences, so a university case may later lead to police involvement even if it appears closed.
We regularly advise students facing both university and police investigations. Our approach ensures your defence is consistent across both settings and protects you from unnecessary exposure. Where appropriate, we will also challenge universities that refuse to delay proceedings while the criminal process is ongoing.
What Sanctions Can The University Impose?
If an allegation is upheld at a misconduct hearing, the university has the power to impose a range of sanctions. These vary between institutions, but the consequences can be severe, especially in cases involving sexual misconduct. Common outcomes include:
- A formal warning or reprimand
- Restrictions on accessing certain areas of campus or facilities
- Exclusion from university accommodation or student societies
- Mandatory participation in behavioural or educational programmes
- Suspension from studies for a fixed period
- Permanent expulsion from the university
Sanctions can also include conditions that affect your ability to continue your course, attend placements, or graduate. In serious cases, students are dismissed entirely, with a permanent record of the decision retained by the university.
These decisions can have long-lasting effects on your academic and professional future. We will advise you on how to respond to proposed sanctions and can assist with appeals where the outcome is unfair or disproportionate.
Trainee Professionals and Future Consequences
For students training for a regulated profession, such as medicine, nursing, law, or teaching, a university misconduct finding can have far-reaching consequences beyond your course. In addition to disciplinary action, you may be referred to your university’s fitness to practise panel. This process assesses whether you are suitable to continue training for your chosen career.
Even if your academic record remains intact, some outcomes must be disclosed when applying for professional registration. Regulators may review the underlying allegation, your response to it, and the outcome of the university investigation before deciding whether to grant a licence to practise.
We regularly advise students in this position and work closely with those applying to professional bodies. Where required, we can help manage disclosures and prepare supporting material to minimise the risk of a registration refusal. Where the university initiates fitness to practise proceedings, we provide direct representation throughout.
Allegations made during university can affect your career long after your studies have ended. It’s important to take specialist advice early to protect both your immediate position and your future prospects.
Can I Appeal a Decision?
Yes. If the university finds the allegation proven and imposes a sanction, you will normally have the right to appeal. The specific grounds for appeal vary between institutions, but commonly include:
- New evidence that was not available at the time of the hearing
- Procedural unfairness or irregularity
- A disproportionate or excessive sanction
Appeals are usually considered by a different panel or a more senior decision-maker within the university. There are strict time limits for submitting an appeal, and it must be supported by clear reasoning and, where applicable, supporting evidence.
We regularly assist students in preparing appeals, whether that involves drafting submissions, identifying procedural failings, or challenging the strength of the original findings. In some cases, it may be possible to overturn the decision entirely, reduce the sanction imposed, or have the matter reconsidered.
Contact our University Sexual Misconduct Defence Lawyers
We have extensive experience defending students accused of sexual misconduct at universities across the UK. Our team of Criminal Lawyers and Sexual Offence Solicitors provides calm, strategic advice and expert representation throughout the process. From the initial allegation to disciplinary hearings, appeals, and where applicable, criminal investigations.
Every case is handled with care and discretion. We work closely with our clients to protect their education, their reputation, and their future.
If you are being investigated or accused, contact us today. Early legal advice is essential.
Need some professional advice?
Do you have any issues that you are worried about? Contact our professional team for a free, no-obligation informal discussion, where we can discuss your particular requirements in greater detail.
