BSQ News - University Disciplinary Proceedings Case Study

BSQ’s private client department has secured a successful outcome for one of our clients in protracted and hard-fought University disciplinary proceedings.

BSQ client H was enrolled at one of the country’s most prestigious postgraduate educational colleges. During a term time party, he was accused by a fellow student of sexual assault and inappropriate behaviour. No complaint was filed with the police.

Subsequently, H was accused of general misconduct, contrary to the college’s student disciplinary policy. Given the seriousness of the allegations, exclusion from the college was one of the possible outcomes of the complaint. H instructed BSQ to represent him. At the time H was a man of good character with an impeccable employment record in the financial services sector. 

In accordance with their disciplinary policy, the college instructed a firm of solicitors to investigate the complaint. Following this, the college decided that disciplinary proceedings should follow with a hearing scheduled before the college student disciplinary panel.

In the course of voluminous correspondence over 12 months before the final panel hearing took place, two letters before action threatening court proceedings for breach of contract were issued by BSQ to the college. While the disciplinary proceedings were governed by the terms of the contract between H and the college, BSQ asserted that the college also had an obligation to ensure that the procedure to be adopted complied with the rules of natural justice. On both occasions, our demands led to the college reviewing the procedure they had decided to adopt and abandoning and restarting their case.

Specifically, the college reversed their original stance to guarantee that J should have a lawyer present at the final hearing and to provide important information about the complainant and witnesses so that J could properly reply to the allegations made against him. 

At a length hearing lasting half a day the panel’s final decision meant that our client was able to finish his course and receive his qualification on graduation.

H was represented by BSQ partner Roger Sahota assisted at the final hearing by James Martin of 5 Kings Bench Walk instructed by BSQ.

Roger has a specialist niche in representing students before college and university disciplinary proceedings particularly where sexual misconduct allegations are made.  You can read more about our practice specialisation here.

If you require advice and assistance in relation to an sexual misconduct allegation at college or university please contact our London offices on 020 3858 0851.