How to handle alleged student misconduct: case studies

Last updated on Wednesday 27 Mar 2024 at 3:02pm

How should universities handle cases of student misconduct? While universities cannot make decisions about whether a criminal offence has been committed, they can judge whether there has been a breach of their own code of conduct.

About this guidance

This guidance, building on a UUK and Pinsent Mason publication from 2016, sets out principles and practical case studies to help navigate these judgements.

This guidance was written by Nicola Bradfield, Associate Pro Vice-Chancellor at Coventry University, with support from a Universities UK working group made up of representatives from Pinsent Masons and colleagues from several universities.

Summary

All cases will be different (including in the type of misconduct involved, the courses being studied, the reporting routes taken and the action taken by the police) and so will need to be assessed and responded to individually.

However, eight areas of practical advice have been produced on how the guidance may be applied in certain situations.

Using careful communication to ensure students are clear about the investigation or disciplinary process.
Deciding which procedure to use, for example, whether that is a disciplinary procedure or one of fitness to practice.
Taking precautionary action while investigating, and how assessments of risk might be made.
Responding to issues where students are on a placement, and the role placement providers may have.
Gathering and sharing information in a lawful way.
Carrying out investigations and compliance with procedural fairness.
Assessing when legal representation at hearings may be permitted.
Adjusting the hearing process for students and witnesses to ensure the hearing is fair.

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