Universities in the UK increasingly find themselves handling allegations of serious ‘university misconduct’, particularly sexual assault, between students. While institutions have a duty of care to protect their student body and maintain a safe learning environment, internal investigations can inadvertently impact concurrent or future police investigations and criminal proceedings.
Below, we consider the potential impact of internal proceedings, in relation to university misconduct, in light of current guidance available to UK higher education institutions.
Universities UK (UUK)
UUK, the collective voice for 140 universities across the UK, has acknowledged these challenges in their guidance, initially produced in 2016[1] and supplemented last year with the addition of a series of case studies[2].
In the 2016 guidance, UUK address allegations of university misconduct which may constitute a criminal offence (emphasis as per original):
“Cases involving allegations made by one student against another student are very difficult to manage because universities owe the same duties and obligations to both students and will wish to take steps to protect both students from harm and to provide education to both students. This results in universities having to balance the conflicting rights and interests of two students when considering what action to take.
The management of cases where an alleged act of student misconduct may also constitute a criminal offence is therefore a complex exercise and the outcome will be entirely dependent upon the circumstances of the case. As a consequence, it is not possible to produce guidance about what the outcome will be but this guidance does make recommendations about the process that can be followed and the factors that should be taken into account.”
Following from this, under General Principles[3] the guidance clarifies the distinction between a University internal disciplinary process (defined as a civil matter, based upon an allegation that a student has breached the university’s rules and regulations and to be proved on the balance of probabilities) and the criminal process. In the same section, the guidance stipulates that if the allegation is being dealt with under the criminal process, then the internal disciplinary process should be suspended until the criminal process is at an end.
However, it is now not uncommon for criminal investigations to take many months, if not years, and the lengthy backlog in the courts is currently leading to cases being listed for trial in 2028. The 2016 guidance contemplates a scenario where a trial date is set “many months away”[4] and recommends periodic reviews of the risk assessment and potential adjustments, such as lifting restrictions on accused student speaking to other students on their course. Clearly such significant delays were not contemplated, and inevitably mean that students are likely to have left University by the time the disciplinary process can conclude.
The Challenges of Parallel Investigations
Despite UUK’s recommendation, many institutions feel pressured to act quickly to protect their student community. The risks of such an approach are many:
- University misconduct investigations frequently operate under different confidentiality rules than criminal proceedings. While UUK advocates for clear information-sharing protocols with law enforcement, the practical implementation varies significantly across institutions. Information shared during internal processes may be disclosable in criminal proceedings.
- Despite UUK’s emphasis on proper training and resources, most universities lack the specialised training and resources necessary to investigate serious criminal allegations properly. This can result in crucial evidence being overlooked or mishandled, witness interviews being conducted inappropriately, or important forensic opportunities being missed. These shortcomings can seriously impair the ability of police to build a case later.
- While UUK suggests that universities should minimise the number of times victims need to recount their experiences, institutional procedures often necessitate multiple interviews. When individuals recount traumatic events several times to different investigators, natural variations in their accounts can emerge. Such discrepancies, however minor, are likely to be disclosable.
In addition to the practical concerns outlined above, coming as they do from the perspective of the prosecution, it’s important to bear in mind that both accused students and complainants may experience severe psychological distress during internal investigations. The uncertainty, potential isolation, and academic disruption can exacerbate existing mental health conditions or trigger new ones.
The tragic case of Alexander Rogers, case of Alexander Rogers, an Oxford University student who took his own life following an allegation made by a fellow student, highlights the serious mental health implications of dealing with serious allegations. This case underscores the critical importance of universities providing adequate mental health support during investigations and carefully considering the psychological impact of interim measures and investigation procedures on students. Independent representation may be of assistance to both the accuser and accused.
Conclusion
While universities must fulfil their duty of care to students, they should recognise the limitations of their investigative capabilities in criminal matters. UUK’s guidance provides a framework for this balance, but one that did not contemplate delays of the magnitude currently seen in the criminal justice system.
The challenge lies in finding the right balance between supporting victims, protecting the wider student body, and ensuring that justice can be served through proper criminal proceedings. As universities continue to grapple with these issues, closer collaboration with law enforcement and clearer governmental guidance may be necessary to establish best practices that serve all stakeholders effectively.

Carolina Cabral – Jan 2025
[1] https://www.universitiesuk.ac.uk/sites/default/files/field/downloads/2021-07/guidance-for-higher-education-institutions.pdf
[2] https://www.universitiesuk.ac.uk/sites/default/files/field/downloads/2024-03/alleged-student-misconduct-2024-case-studies.pdf
[3] See p.7
[4] See p.21