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.

 

Covid 19 Impacting Your Studies?

by in Covid 19, PHD, University Compliants, University Decisions

With this global pandemic comes much uncertainty, but none more so for University students. With Universities still closed and fee requests and accommodation bills rolling in what does this all mean for you?

This global crisis is impacting in so many different ways, with everyone now moving online and no face-to-face teaching, are you getting your moneys worth? This no doubt is the first question most students have for themselves.

However, financial aspects aside, Covid 19 is impacting people in so many other ways too –

  • Are you able to research your dissertation whilst in isolation?
  • How can you be expected to prepare assignments when teaching has been moved online?
  • What about the exams you have been unable to sit?
  • What about the more practical aspects of some degree programmes, how can you pass placement if you are not able to attend due to social distancing?
  • How will the University assess your grades for the year when your course finished so abruptly?
  • What about those that have been personally hit by the pandemic; lost a loved one; suffered with the Covid 19 themselves, or are isolated from family and thus impacting mental health?
  • What of the international students stuck in the UK without family, or abroad and unable to return?

The list of problems and questions go on, but where are the answers…

At some point Universities are going to have to start making decisions about how they will treat students and trust me they will not always get it right. Students need to be ready once this happens. If you want to ensure you get a fair outcome you need to be armed with good legal advice. If you want to understand your options and how to pursue them contact Sukhvir Gill our Education Law Solicitor for advice.