University Disciplinary Issues

It’s not uncommon for students to fall foul of university disciplinary codes. These can be surprisingly far-reaching. If university rules are breached, it’s not difficult for students to find themselves in situations that could lead to disciplinary action. If this happens, it’s important to seek legal advice as soon as possible.

We only act on behalf of students, young people and their parents. We are 100% committed to helping young people.

University disciplinary action can have serious consequences and may even jeopardise a student’s right to complete their course. With students now taking on substantial financial responsibilities to complete university education, the consequences of disciplinary action can be long lasting.

If you face disciplinary action that you feel is unjustified or undeserved, then it’s advisable to seek legal advice as quickly as possible. At IBB Law, we work with students to challenge university disciplinary action and find a satisfactory outcome.

We can provide university disciplinary advice on matters including:

• Consistent poor timekeeping
• Unexplained absences
• Vandalism or misuse of university property
• Aggressive or offensive behaviour
• Breaches of safety procedure
• A refusal to comply with a reasonable management request
• Breaching of university trust
• Refusal to comply with university policy
• Drunken conduct
• Indecent behaviour
• Sexual misconduct
• Threat of violence
• Possession of drugs
• Possession of weapons
• Theft
• Free speech

With these matters, there is plenty of room for interpretation and misunderstanding. In some cases, students have been disciplined for absences, which can be accounted for or due to misunderstandings and lack of information. Our team are often able to swiftly clarify these matters and achieve a positive outcome that allows students to carry on with their university education unimpeded.

What is the cost of university disciplinary legal advice?

We offer a fixed fee initial consultation with one of our specialist education solicitors to discuss your needs and see how we can help. At that initial consultation, which takes place online at a time convenient to you, we will listen to your story, consider your documents, and advise you on the law and the steps that can be taken to challenge the university’s disciplinary decision, including its fairness.

If you require our further assistance, after the initial consultation, we then charge for our services based on the work to be undertaken and the time involved. We endeavour to provide certainty over the costs involved.

Types of university disciplinary issues with which our education law experts can help

Understanding your position and options

If your university has informed you that it intends to take disciplinary action against you, it is important to get expert advice straight away. This will ensure that you fully understand what you have been accused of, how this relates to your university’s rules and the potential outcome of any disciplinary action. You can then make an informed decision about how to proceed.

Our university disciplinary specialists can provide confidential advice on whether you may have breached your university’s rules and the best strategy for responding to disciplinary proceedings. We can give you the best chance of clearing your name, minimising any penalties and protecting your education.

Support for university disciplinary proceedings

Facing university disciplinary proceedings can be very stressful and confusing. Our education law experts can talk you through how the process works and what to expect, as well as make sure you have your arguments and any necessary supporting evidence clearly set out before the process starts. This can help you to present your case effectively and significantly boost your chances of a positive outcome.

Appealing disciplinary action

A university will usually have to follow a well set-out disciplinary process before action is decided upon. If a student is unhappy with the outcome of this process, then the next step is to request an appeal. An appeals process will usually be set out in the rules of the particular university provider. It should be fleshed out in a more detailed appeals process within the university’s disciplinary framework.

If you wish to appeal, you need to understand the university disciplinary process, the grounds on which you intend to appeal and any rights you might have to legal representation through an internal appeal. If an internal appeal is unsuccessful, you may still be able to take your case to an external review through the Office of the Independent Adjudicator (“OIA”). We regularly pursue cases with the OIA on behalf of university students.

Frequently asked questions about university disciplinary issues

What is disciplinary action at university?

Disciplinary action at university is a formal process designed to address alleged breaches of university rules or codes of conduct by students.

It typically involves investigating complaints or incidents that may include academic misconduct, such as plagiarism or cheating, or non-academic issues such as disruptive behaviour, sexual misconduct, physical assault, or breaches of accommodation rules.

The uni disciplinary process often includes procedures for gathering evidence, conducting hearings, and reaching decisions that may result in penalties ranging from warnings to expulsion, depending on the severity of the offence and university policy. We also deal with cases where students are expelled or withdrawn from university, as well as fitness to practise.

If you disagree with the way the process was carried out or with the result of university disciplinary action, you can make an appeal.  You may also be able to take action due to the unfairness of the process by pursuing judicial review legal proceedings.

When do university disciplinary proceedings arise?

University disciplinary proceedings arise when there are allegations that a student has violated university regulations or codes of conduct. These proceedings can be triggered by a range of issues, including:

• Consistent poor timekeeping
• Unexplained absences
• Vandalism or misuse of university property
• Aggressive or offensive behaviour
• Breaches of safety procedure
• A refusal to comply with a reasonable management request
• Breaching of university trust
• Refusal to comply with university policy
• Drunken conduct
• Indecent behaviour
• Threat of violence
• Possession of drugs
• Possession of weapons
• Theft
• Free speech

We are able to assist students with university disciplinary action in all these areas.  As an illustration of our work, we have helped a student who was withdrawn from their course due to non engagement, plagiarism, misconduct involving another student and sexual misconduct.

Here are case summaries showing a range of matters we can assist with at university and beyond.

What is the process for disciplinary proceedings at university?

The process for disciplinary proceedings will vary depending on the individual university’s policies. These will generally be published on the university website.

When someone within the organisation or a student reports an issue, you will be informed in writing that the university will be moving forward with a formal investigation.

If the alleged misconduct has been reported to the police as a potential criminal act and is under investigation, the university may pause its disciplinary process until the police investigation is concluded.

The university will then investigate the report internally and determine if the case needs to be escalated.

Following the investigation the alleged misconduct may be referred to a hearing, where you will have the opportunity to give a statement.

The university will then decide whether there has been a breach and what sanctions there will be.

You will generally receive the outcome of the investigation, including any sanctions applied and the appeals route, within 60 days.

What are my rights when facing university disciplinary proceedings?

If you decide to appeal your university’s disciplinary decision, the institution will have a published internal appeals process available on its website.

If you receive the results of your appeal and still believe they are unjust, inaccurate or unfair, you may be able to request an independent review from the Office of the Independent Adjudicator for Higher Education.

After completing the university’s internal review processes, you can ask the OIA to review the outcome of your disciplinary process. To escalate your review, we recommend submitting a complaint to the OIA as soon as possible.

Our specialist university lawyers can assist you in preparing and submitting a complaint to the OIA and a request for an external review, ensuring all necessary documents and submissions are in order.

Our university disciplinary proceedings advice fees

We offer a fixed fee 2 hour video call with one of our specialist education solicitors.

Should you wish to proceed after the initial consultation, we will provide a realistic cost estimate for dealing with your matter. Any work carried out will always be agreed upon with you in advance, giving you complete certainty and transparency over the costs involved.

The exact cost of our services will depend on the nature of your problem, including the amount of time and level of expertise needed to support you effectively. We will be happy to discuss this with you when you contact our team.

For more information on our education law pricing, please get in touch.

Get personal legal advice and support for university disciplinary proceedings and appeals

If you would like to know more about how we can help you with your education law enquiry, please contact our education law senior legal administrator, Rachael, on 01895 207230 or by email on educationteam@ibblaw.co.uk

Rachael will be able to arrange a consultation. She will send you a link to our online booking suite where you can select a date and time that is convenient for you.