Education Law Solicitors

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University – Academic Misconduct (Cheating)

Our higher education solicitor recently represented a client who was accused of cheating during an examination. The student was witnessed writing on his hand during an examination and formal charges were brought against him which could have jeopardised their degree entirely.

HCB Solicitors were instructed to advise and draft full submissions on behalf of the student in question. On review of the paperwork, HCB Solicitors identified that there were mitigating circumstances that explained why the student wrote on their hand. The student in question would normally not write on their hand during an exam, but was unable to control their actions due to medical reasons. HCB Solicitors therefore advised the student to obtain a report from a medical expert to comment on the student’s condition and comment on whether they were able to control their actions as a result of that medical condition.

In the course of correspondence with the university, our higher education lawyer also identified that the university failed to comply with their own regulations. HCB Solicitors noted that the university did not provide the student with appropriate time to gather evidence in support of their case. HCB Solicitors informed the university of this failure and the student’s case was relisted in line with the appropriate timeframes.

HCB Solicitors subsequently drafted a detailed statement in response to the allegations making reference to the university’s own regulations, consideration of applicable case law and reference to the medical report. Following a review of the detailed submissions and response drafted by our higher education solicitor, the university agreed that the student was not guilty of cheating during the examination. Furthermore, the university agreed that all references to the allegation would be expunged form their student record.

It was integral in this case that a full explanation to the allegations were provided in line with the university’s own policies and regulations. Furthermore, this case was supported with comments from a medical expert to explain the actions of the student on the day of the examination.

Higher education law can be complex; particularly as each university has their own extensive rules and regulations. The deadline for appeals are often very tight and it is advisable to contact a specialist higher education solicitor for advice as soon as possible. Our university solicitors are passionate and experienced in assisting students through this process. Students pay significant fees to universities and it is important to instruct an experienced professional to help you obtain the best possible prospects of success.

For further advice, please contact our university solicitors on 0333 202 7175.

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