Neil Hay

Increasingly, allegations involving violence, domestic abuse, sexual misconduct, hate crime and drug offending can trigger not only police involvement but also parallel disciplinary action by universities. In some cases, university sanctions may affect a student’s education long before any criminal proceedings have concluded.

This article examines the interaction between criminal investigations and university disciplinary procedures, and some of the issues students, universities and advisers may face when allegations arise.

University discipline

It is not widely understood by students that when they join a university they are entering into a contract with the establishment. The contract will include issues relating to matters such as teaching, accommodation, plagiarism, class attendance, and standards of student conduct. Misconduct by a student may include disrupting academic activities, falsifying academic documents, damaging university property and behaviour that amounts to harassment, bullying, or criminal behaviour. Criminal behaviour in the context of university students will be likely to include violence (including sexual violence), threatening or abusive behaviour, offensive language, indecency, and theft.

The university will have a duty to investigate allegations made by one student against another, and even where no complaint is made, the university will usually have the power to investigate regardless. The contract may oblige the student to advise the university if they have been accused of a criminal offence. Where a criminal allegation comes to the attention of the university, a risk assessment will take place, and the university will often take the view that their primary consideration is to protect the alleged victim from the accused person. Interim sanctions can include preventing a student from attending at classes, from entering parts of the university campus (including the students’ union) or even the whole campus. There have been occasions where students have been required to take courses by video conference away from the campus. In serious cases, the student may be suspended from their course until the conclusion of the criminal court case (it can sometimes take 18 months or two years for a trial to conclude). There is therefore the possibility for studies to be interrupted for a prolonged period of time, with serious career implications and consequences for obtaining a university degree.

University disciplinary investigations are entirely separate from a police investigation. Usually, there is no requirement for the university to suspend an investigation until a police investigation or prosecution has concluded, but the university may do so. There have been cases where the police have dropped an investigation, but the university has continued to investigate, and ultimately imposed sanctions against a student. Unlike criminal charges, which must be proven beyond reasonable doubt (the criminal standard of proof), university disciplinary allegations only usually have to be proven on the balance of probabilities (the civil standard of proof).

Alcohol and recreational drugs

Most universities will organise events for freshers, and these may include the opportunity for drinking more alcohol than usual. It is perhaps no surprise that there is a clear link between youthful misjudgement and criminal conduct. For that reason, new students need to be aware of the connection between alcohol, drugs and contact with the criminal justice system. 

There is an urban myth that excessive drinking, particularly in young people, is some form of excuse for bad behaviour. That is not the case. The criminal justice system does not distinguish between conduct by young people under the influence of alcohol or drugs, and people who are sober. In fact, intoxication can sometimes be an aggravating factor.

Sharing drugs with friends can amount to ‘supplying’ drugs in law (a serious criminal offence) and a criminal prosecution usually follows.

Breach of the peace and disorder

It is often the case that people under the influence of alcohol, with clouded judgement, get involved in anti-social behaviour such as damaging property, loud and over-exuberant behaviour, and sometimes even violent incidents. Where there is sufficient evidence of criminal conduct the police have a duty to investigate and will have little hesitation in arresting and charging an individual who has committed a crime. 

Relationships and sexual allegations

Relationships

Relationship cases (called ‘domestic crime’) are a high priority for the police. Typical cases may include abusive or coercive behaviour, threats, stalking or assault. It is the policy of the police that all these types of allegations will be taken seriously and properly investigated, and, where there is sufficient evidence, prosecuted. Young people embarking upon new relationships (even for a short period) need to firmly understand the importance of respecting their partner in all senses. The police will not hesitate to act in cases where one partner has been abused or harassed. The length of the relationship is irrelevant.

Domestic crime has been carefully defined. It includes behaviour that is threatening, intimidating, controlling or coercive. Importantly, domestic abuse does not necessarily involve physical violence.

Sexual allegations

The law is particularly sophisticated when it comes to dealing with sexual allegations. It is not only serious allegations like rape which are prosecuted. There are many other (still very serious) allegations that can be made such as sexual assault, coercing a person into sexual activity, coercing a person to look at a sexual image, communicating indecently, sexual exposure and voyeurism. New intimate relationships require to be navigated very carefully. Consent to a sexual act between couples can be withdrawn at any time, and there is a clear link between technology (for instance mobile phones, laptops, iPads, social media and instant messaging) and the proliferation of sexual allegations which are often made by students. The consequences can be severe, including criminal prosecution, imprisonment and registration on the Sex Offenders Register.

Impact on students

Anybody charged with a criminal offence and facing prosecution is likely to be placed on bail. Bail conditions are likely to include a condition not to approach, contact or communicate with the alleged victim, and that can often mean that the individual is banned from entering certain parts of the campus. 

A person convicted of a criminal offence will have a criminal record. The record could well have serious career implications and may affect a choice of career. For instance, a student convicted of a sexual offence may well find that they are forbidden to enter the medical, legal and teaching professions. Increasingly, professional occupations require disclosure checks, and these checks may disclose not just a criminal record but also the fact that a person has been arrested and charged. Criminal convictions can also prevent a student from visiting certain foreign countries.

Conclusion

Starting university or college should be an exciting step towards independence, new friendships and future opportunities. However, greater freedom brings responsibility. A single incident, where alcohol, drugs, disorderly behaviour or poor judgement is involved, can lead to police investigation, court prosecution, university disciplinary action, restrictive bail conditions and lasting damage to education, employment and to reputations.

Neil Hay is a partner at Brodies LLP