Sexual Misconduct

by in Higher Education Law, University Compliants

With the #Me Too movement the goalposts governing the interplay between adults has significantly changed. The movement has also increased the pressure on Universities to act, or be seen to be acting, when students raise concerns or allegations of sexual misconduct. I have seen a marked rise in the number of cases being reported to Universities and witnessed an increase in the number of students seeking legal advice.

The manner in which Universities deal with such cases varies hugely, I have seen some quite concerning investigations into student conduct by some Universities. What is important to remember here is that University Investigating Officers are not trained to undertake such sensitive and specialised investigations. Their lack of training and experience can often mean students cannot expect a fair and impartial process. The Disciplinary Panels set up to hear such cases also hugely lack experience in these highly emotive and controversial cases. They can make life-changing decisions and findings with next to little or no qualification. Furthermore, the burden of proof is not that of a criminal court, it is much lower and is on the balance of probabilities.

It is not just the accused that are being let down by the University investigation process, the victims too are suffering. A number report they have not been treated with sensitivity or care. When they turn to the University for help, some have reported they have been told there is little they can do. This is a system that is letting everyone down.

Let us not forget also the impact this has on a student’s academic progress, often times students are immediately suspended pending investigation. Such suspensions can last months which gravely impact students academically, socially and even their mental wellbeing. Equally we need to consider the pressures a poor investigation places on the victims too, the impact on them is substantial and can seep through into every aspect of their life. This is a highly complicated area and should not be left to academics to navigate.

 

Mental Health and Universities

by in Higher Education Law, Mental Health at University,

The transition from school to University is difficult for most, if not all. The added pressures of escalating University fees and debt, coupled with the increasingly competitive job market once you finally leave University can lead to untold stress. For those already vulnerable, with mental health issues, this can lead to a stressful and negative environment. With stress can come an inability to manage academic success.

Thankfully, the stigma around mental health is diminishing and record numbers of students are disclosing mental health problems in the application process. The benefit of this is that Universities will be better able to support students with underlying mental health problems once on notice of them. Further, it affords the student protection under the Equality Act 2010, should future academic problems arise.

As always, the reality is that the support offered by some Higher Education Institutions is wholly deficient. It is not uncommon, for those charged with supporting students, can sometimes lack the basic understanding and empathy towards mental health problems.

As we pay more for our education, we rightly expect a better service in return. I have seen an influx in cases from students who are being left without sufficient support from their Universities to help them manage both their mental health and their studies. I have become increasingly dismayed by the attitudes of various Higher Education Institutions towards offering support. Universities are trying to hold students more accountable for accessing support, but in some instances, Universities can completely fail to understand that for some mental health problems this is simply not possible. The quality of training and understanding of mental health issues among staff is also an obstacle, preventing sufficient support from being accessed by students. I have seen some worrying attitudes and expectations amongst staff.

The University need to understand their obligations under the Equality Act 2010. Once on notice of a condition protected under the Act, there is an anticipatory duty upon the University. The University need to understand that they are legally obligated to support such students.

With the increase in the number of students suffering from mental health issues the Universities approach and attitude needs to change towards a more proactive supportive environment.

I have recently achieved some very positive outcomes for clients with ongoing mental health issues. In one case a student is being allowed to repeat their second year in the hope of achieving better results with the right academic support in place. In another case, a student awarded a Higher Education Diploma, is being allowed to return to complete their final year and have the chance of graduating with a degree. We have even managed to ensure a student’s return to their nursing degree following a second allegation of plagiarism. In all cases, underlying mental health issues were a dominant factor.

Stand Up For Your Rights

by in Fitness to Practise, Higher Education Law

The Higher Education Law Specialist at Charles and Co Solicitors, Sukhvir Gill, has noticed an increasing trend in matters relating to University Fitness to Practise processes, in that students are not always getting a fair opportunity to test the evidence against them. Without good legal representation a number of students are being withdrawn from Universities, despite incomplete evidence being presented, no witnesses being called and no opportunity for the student to examine the word of others.

This is not a fair process and more needs to be done to ensure that University Fitness Practise Policies are in line with those of the professional bodies that have delegated their power to the Higher Education Institutions.

Not every student instructs a Solicitor early on, primarily because a number of Universities advise against it. A number of students try and handle the situation themselves, but when you think that a whole team behind the scenes at the University are collaborating and working together to present a case against a student, the odds are really stacked against the lone student. Also, once a fully qualified member of your professional body, you would seek out legal support if you were up before a disciplinary or Fitness to Practise Panel. It should be the same for students and they should be actively advised of their right to have legal assistance by the Universities.

At Charles and Co our Higher Education Law Specialist represents students on a variety of professional degree courses that are governed by a professional body and subject to Fitness to Practise Regulations. We have successfully defended students in such cases and have ensured that students continue on with their course and graduate to join their chosen profession.

Our Higher Education Law Specialist has also recently had a high proportion of postgraduate clients, particularly those trying to achieve a PhD. Supervision is key and without good quality supervision a student’s progress can be seriously hindered. However, we also recognise that many students are working within a small community of Professors and experts and do not want to draw attention to themselves by being perceived as difficult. Often students will put up with poor quality supervision and limited research facilities until it’s all too late.

More and more PhD students have become disappointed with the level of support and backing from either their supervisor, or the Faculty, or in the worst cases both. It has been really hard to shift the mind-set that speaking up, in a well-articulated manner, will not necessarily jeopardise your positon within the Faculty.

We have also been astounded by the deliberate and blatant disregard some Faculties have towards University Regulations. It would be prudent to go through the Faculty Regulations governing your PhD, Master, MPhil and cross-referencing what is says should be happening versus what is actually happening.

When you think about the levels of fees involved in this area of study, not to mention time put into research, it is important that you do not let uneasy matters ride along for years, whilst the University rack up the fees.

There are always policies and procedures in place; it is just getting the University to follow them that can be the issue. We cannot stress enough the importance of a student feeling empowered enough to challenge the University if things just are not as you would expect. Universities are amenable to our involvement because it helps create that barrier to get things fixed for the better of all involved. In most cases Universities do actually want students to be successful in their academic progression, they want you to be able to tell others about what a great University they are if nothing else.

 

TALKING ON THE RADIO…

by in Higher Education Law
Higher Education Law Radio Broadcast

I had the pleasure of being able to do a radio show on student’s rights for the University of Bedfordshire’s student radio (LaB 97.1FM) and what a welcoming and enjoyable experience it was!

Firstly, not only did I get to talk at length about a subject close to my heart (student rights, student rights, student rights!), but I was interviewed by two incredibly lovely young students who help run the university radio. Their interest in the subject seemed genuine (and if it was not, then they were great at making me feel fascinating). However, as always, doing the show made me realise how much students muddle through academic hearings all alone and hope for the best. It was only in my post recording discussion with some of the students from the university did they let on how little they knew about what options were available to them. They provided anecdotes of friends who had requested extensions to assignment deadlines and still had not heard back from the university as to whether they had been granted, despite the deadline looming. What were they to do, submit the assignment anyway…?

Read more on our Higher Education Law Solicitors Blog

Sukhvir Gill writes for The National Student

by in Higher Education Law

If you are lucky, most of you will go through your university life without ever experiencing any form of internal university procedure. You will never have cause to appeal an academic grade/mark, you will never need to defend yourself when the university accuses you of academic misconduct (which can be anything from fabrication of results to plagiarism), your university will never attempt to throw you off the course because they deem you unfit, you will never have cause to complain, you will never need the university to give you some leeway because something significant has happened in your life and you will plod along at university just fine.

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Higher Education Solicitor, Sukhvir Gill, in The Guardian

by in Higher Education Law

The recent suspensions of students following various university protests has highlighted that, when a university decides to discipline students in accordance with their disciplinary regulations, two fundamentals are important. Firstly, the university should follow their own regulations (which should be clear and fair). Secondly, the regulations provide a sufficient mechanism for unilateral decisions to be challenged. These are the fundamental principles of any just society.

Singling out a few students to suspend with immediate effect is only going to further alienate your population and unite them in their cause. My experience in higher education law has shown all too often that universities respond to on campus events in a reactionary manner. They can fail to diligently consider their internal regulations and in turn fail to ensure that what they are doing is in accordance with their own policies.

I have too often come across regulations that allow vice-chancellors, university councils, registrars, university secretaries to exercise certain powers, but then no clear provision being put in place to allow for that power to be challenged. Some can fail to even follow the procedures set out in their own regulations and by the time such improper decisions are reviewed or overturned students have suffered significantly.