What actions are universities currently taking against sexual misconduct?
Currently, there is no universal procedure that universities must follow, although there are commonalities across institutions in how they investigate allegations of sexual misconduct.
As of the 1st August 2025, the Office for Students (OfS) have introduced a new condition of registration in England which requires universities and colleges in England to publish a ‘comprehensive source of information’ that explains to students how their institution is responding to instances of harassment and sexual misconduct. This should be updated regularly and be accessible to all students.
As part of this information, universities must include:
- How incidents can be reported
- What support services are available
- What students can expect of any disciplinary and investigative processes following an incident
Although formal guidance now exists, universities retain significant discretion in how they conduct investigations. Several high profile incidents, such as the tragic case of Alexander Rogers, have drawn attention to the failings of universities in the UK to provide adequate support to those involved in allegations of sexual misconduct within higher education institutions.
What should I do if I am accused of sexual misconduct at university?
If you have been informed by your university that you are being investigated for an allegation of sexual misconduct, it’s important to know the best steps and practices to protect yourself. Although these internal investigations may have good intentions, the lack of a standardised procedure means investigations can often offend the principles of natural justice and take a heavy toll on all those involved.
It has become standard practice for universities to undertake their own investigation into cases of misconduct and to convene tribunals to determine whether a student has breached the university’s internal conduct rules.
An allegation of sexual misconduct has the potential to lead to suspension, expulsion, Police investigations, a tarnished reputation and social ostracism. If you’re facing a university investigation, it’s important to familiarise yourself with the best way forward to minimise the impact on your studies and on your reputation.
1. Take the investigation seriously
Regardless of the circumstances of the allegation, it’s important that you take the situation seriously. Do not ignore the any notice of investigation from the university, and do not try to contact the complainant under any circumstances.
Universities can impose several penalties outside their ability to expel those found culpable of an allegation. While an investigation takes place, they can have the power to suspend an accused student, meaning they will either need to study alone or off campus entirely. Often, this can last for months or even years while the investigation is ongoing.
If the allegation is considered serious enough to be considered a criminal offence, your university may be under obligation to report the incident to the Police, who may then launch a parallel investigation. Universities may pass on any evidence they have collected as part of their own investigation, which could form part of the Police’s investigation.
If you’re being investigated by your university for sexual misconduct, it’s best to behave as though the investigation could lead to a potential police investigation.
2. Get familiar with your university’s investigation procedures
As previously mentioned, universities are now under an obligation by the OfS to publish all procedures and policies for investigating cases of sexual misconduct so that they are readily available to all students.
It’s important to familiarise yourself with your university’s specific procedure, as they can vary between institutions. Establish exactly what your university’s procedure is, what you can expect, the time frame and the potential punishments.
It is likely that the investigation may be conducted by a member of staff or an outside “expert”. They will likely gather evidence including a testimony from yourself, the complainant and any other witnesses and perhaps evidence such a social media posts, text messages or CCTV if appropriate.
The background and qualifications of this “expert” can be questionable at times and they may approach the investigation with bias. Recognising that and understanding this can be important to ensure that your rights are protected.
3. Stand up for your rights – seek legal advice
There is not always the automatic right to independent legal representation when it comes to university investigations. This will depend largely on the seriousness of the allegation.
In the case of AB v The University of XYZ [2020] EWHC 206 (QB), the question was raised as to whether AB was entitled to legal representation. The court decided that AB was entitled to legal representation as the specific allegation of sexual misconduct, in his case an allegation of rape, would have serious consequences. Again, not all allegations of misconduct will have the same right.
However, even if a solicitor is not permitted to advocate for you during the proceedings, it is still wise to consult a solicitor regardless. We can give you advice on how to best deal any evidence against you and the best approach to protect yourself, should the Police become involved later down the line.
How can Lawtons’ university sexual misconduct solicitors help you?
At Lawtons, we are experts in all areas of criminal especially when in come to defending sexual offence cases. With well over 200 years of collective experience, our team are here to provide you with advice and guidance no matter the circumstances of the allegation.
If you have been informed by your university that you are being investigated for an allegation of sexual misconduct, it’s important to act fast. The potential consequences of the investigation could be severe, affecting not only your studies and your mental health but your prospects and your future.
Do not hesitate – contact a member of our specialist team today to discuss your case and protect your future.
