Student expelled in sex case takes university to court

Undergraduate calls for judicial review after college removes him over alleged assault while abroad

Camilla Turner

Yohannes Lowe

A STUDENT accused of sexual misconduct during a year abroad is taking legal action against his university over his expulsion. The undergraduate, who was expelled from the university following an internal investigation into the incident, is now seeking to bring a judicial review against the Russell Group.

As the alleged assault did not take place on campus, he is claiming it is outside the institution’s jurisdiction.

Lawyers for the student, who is referred to in court papers as AB, told the High Court: “It took place in a private apartment when they’ve been out drinking. It is not in the university, during studies or any work and that is the requirement in this provision. The claimant is not in a role as a student. He is a private student in a private setting with a private person who is not even involved with the university.

“How can an action of a student damage that institution? He is not a doctor and therefore coming into contact with patients, or a police officer having to see vulnerable victims.”

AB was invited by the university to attend a disciplinary hearing, but before it was due to be heard his lawyers filed a claim with the High Court for a judicial review. The disciplinary hearing, which AB did not attend, found that he was guilty of “serious sexual misconduct”, the court heard.

AB was later informed by the university that he was permanently excluded with immediate effect.

The barrister acting for AB argued that his client did not have sufficient legal expertise to properly defend himself at the disciplinary hearing.

He told the court: “Would my client be fairly expected to face that serious investigation in front of a distinguished panel to represent himself? There are legal principles which are applicable which the claimant is simply unable to address.

“He wants somebody who knows what the process is, what the legal arguments are going to be and put his defence – that it was consensual.”

The university’s lawyer said that AB’S arguments were “fundamentally wrong” in law as well as being “completely unrealistic”, as he urged the judge to reject the application for a judicial review.

He said: “The claimant has been found, at two hearings that he chose not to attend and did not take steps to prevent, to be guilty of serious sexual misconduct and expelled from the university.”

The lawyer added: “He now comes to the court … to ask this court to exercise its discretion in his favour to order us to take him back as a student and for everybody – staff and students alike – at the university to act as if all of the things that have happened have not happened.”