LEGAL ISSUES The Guardian Higher Education Summit 2007 Ruth Deech

Natural Justice – an Overview NJ principles need to be applied in university hearings (“bias”, hear both parties, reasons, notice of charge) Availability of legal aid to students to challenge OIA and universities Disclosure of documentation (not privileged), Data protection, Freedom of Information

A Fair Hearing? Student alleges sexual harassment by her tutor causing her stress and resulting in low marks in 2 nd year Professor X is appointed to carry out an investigation under Rules; complaint rejected Student appeals and panel dismisses it on the grounds that the actions did not amount to harassment

Student Complains to the OIA Professor X was a member of the appeal panel Her barrister friend was not allowed to speak at the hearing Panel asked her about unrelated academic matters After the hearing the Panel discussed the case with the University’s Insurers’ solicitors The Minutes were withheld on grounds of confidentiality owed to the tutor

Remedy? New hearing? Tutor may have left the university Was the decision reasonable in the circumstances? How far should the OIA investigate the harassment? Compensation? Re-consideration of 2 nd year marks? Apology?

Judicial Review of the OIA Should the OIA investigate the facts for itself or review the hearing held by the university? How seriously to take procedural defects, e.g. delay? Do students have human rights?

Attitude of Courts So far resist claims based on academic judgment Express enthusiasm for ADR and decisions by expert bodies Standard of proof in disciplinary matters? Failure to accept recommendation – injunction, judicial review of university?

Student Contract Duties on both sides Rules in prospectus and regulations Exclusion of strike effects Safeguard right to change courses and supervisors Education is a participatory process - failure to provide, failure to attend

Student Legal Issues Bursaries – reliance on the promise, continuation, set off against debt/rent Provision of and standard of accommodation Health and safety – field trips, food, labs References; must provide fair and accurate one, for many years Mark private & confidential; believe to be accurate

The OIA Office of the Independent Adjudicator for Higher Education, Thames Tower, Station Rd., Reading RG1 1LX ; fax