Accused of Sexual Misconduct at University: Police, Disciplinary Hearings and Your Rights

Being accused of a sexual offence or sexual misconduct as a student can mean facing two processes at once: a police investigation and a university disciplinary procedure. They have different rules, different standards of proof and different consequences, and what you say in one can affect the other. This guide explains how they fit together and how to protect your position.

Two separate processes

Because the university asks a different question to a lower standard, it is possible to be cleared by the criminal process but still face a disciplinary finding, or the other way round.

If the police are involved

If the police contact you, you may be asked to attend a voluntary interview or be arrested, sometimes in halls. Free legal advice at the police station is your right. Do not attend without a solicitor. Our guides to police interviews and what to do if you are arrested explain the process, and our page on released under investigation covers the wait for a charging decision.

Many allegations between students involve alcohol and people who know each other, so consent is often the central issue. See our guide to consent in UK sexual offence law, and our pages on sexual assault and rape allegations.

How university procedures usually work

Each university has its own student conduct or disciplinary regulations, so read yours carefully. In England, the Office for Students' condition of registration E6 on harassment and sexual misconduct, fully in force since 1 August 2025, requires universities to publish their policies and procedures in a single source. Universities in Wales have their own arrangements. A typical process includes:

1. A report to the university, which may come from the complainant or from someone else.
2. Interim measures, such as a no-contact direction, a change of accommodation or timetable, or interim suspension.
3. An investigation, in which you are told about the allegation and asked to respond, usually in writing or at an interview.
4. A hearing before a disciplinary panel, if the investigator decides there is a case to answer.
5. An outcome and penalty, followed by a right of appeal within the university.

What happens if there is a police investigation too?

Many universities pause their own disciplinary investigation while the police investigate, to avoid prejudicing the criminal case. Interim measures usually stay in place during that time, which can last months. Ask the university to review interim measures at regular intervals, particularly if they are affecting your studies, exams or accommodation.

Be very careful about what you say to the university while a criminal investigation is under way. A written account or interview record could be obtained by the police and used in the criminal case. It is sensible to have a criminal defence solicitor review anything you plan to submit.

Your rights in the disciplinary process

Procedures vary, but you should generally expect to:

• be told the substance of the allegation and the regulation you are said to have breached,
• see the evidence relied on, sometimes in redacted form, and have a fair chance to respond,
• suggest witnesses and submit your own evidence, such as messages,
• be accompanied by a supporter at meetings and hearings,
• have reasonable adjustments if you have a disability or other needs, and
• appeal against the outcome on the grounds set out in the regulations.

You can also make a subject access request under UK data protection law to see the personal information the university holds about you, which can help you understand what has been said.

After the university's process ends

Once you have finished the university's internal procedures, including any appeal, you should receive a Completion of Procedures letter. If you think the process was unfair or the decision unreasonable, you can complain to the Office of the Independent Adjudicator for Higher Education (OIA), which covers universities in England and Wales. Complaints usually have to be made within 12 months of that letter. In rare cases a legal challenge may also be possible.

Wider consequences

• Professional courses: students on courses such as medicine, nursing, teaching, social work or law may also face a separate fitness to practise process.
• Accommodation and placements, which may be affected by interim measures.
• International students: suspension or withdrawal may affect your visa, as explained in the FAQs below.
• Future checks: a criminal conviction or caution can appear on DBS checks. See how sexual offence convictions affect employment.

Looking after yourself

Facing an allegation while studying is isolating and stressful. Most universities have confidential wellbeing and counselling services that are available to students who are accused as well as to complainants, and using them will not be treated as an admission. If you are struggling to cope, you can also call the Samaritans free on 116 123, day or night.

Frequently asked questions

This article is general information about the law in England and Wales, not legal advice.