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Cambridge University students demand lower standard of proof for sexual misconduct claims

'The University of Cambridge is not a criminal court and it should not behave as such'

Chris Baynes
Thursday 10 May 2018 18:25 BST
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The University of Cambridge is considering lowering the burden of proof required for disciplinary action over sexual misconduct
The University of Cambridge is considering lowering the burden of proof required for disciplinary action over sexual misconduct (AFP/Getty)

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The University of Cambridge is considering lowering the standard of proof required in disciplinary cases under pressure from students who warn victims of sexual assault are discouraged from reporting offences.

More than 800 students have signed an open letter to their vice-chancellor demanding a change in the institution's policy, which currently matches the criminal standard requiring allegations to be proven “beyond reasonable doubt”.

Earlier this year the university admitted to having a “significant problem” with sexual misconduct after receiving 173 complaints in the nine months since it launched an anonymous reporting scheme.

“Yet, far fewer individuals chose to access any formal disciplinary routes,” the students’ letter noted. “This demonstrates a lack of trust in the institution’s ability to deal with these cases robustly.”

The university’s disciplinary proceedings should adopt the civil standard requiring allegations be proven “on the balance of probability”, the students urged.

“The current procedure places undue stress on ‘complainants’ to prove, as if they were in a court of law, that the alleged incident took place,” said the letter, written by the Cambridge University Students’ Union Women’s Campaign and addressed to vice-chancellor Stephen Toope.

It added: “The University of Cambridge is not a criminal court and it should not behave as such. The penalties that may be inflicted on a student by the University have no effect on their criminal record or their standing in the eyes of the law."

The students said demanding a criminal standard of proof “actively discourages survivors and victims of sexual harassment, rape and assault from engaging with the disciplinary procedure”.

Cambridge launched a consultation on reforms to its disciplinary processes earlier this week, with the burden of proof among the issues under consideration.

In February, the university released figures of sexual misconduct complaints submitted since the launch of its anonymous reporting tool in May last year. The majority of the 173 complaints – 119 – were filed by students alleging misconduct by other students.

“Universities have a particular responsibility for their own students who have been affected by sexual misconduct, but this requires them to be able to identify and then provide support to the students who need it,” said Graham Virgo, the university’s pro-vice-chancellor for education, at the time.

Sarah D’Ambrumenil, head of Cambridge’s Office for Student Conduct, Complaints and Appeals, said: “The University is currently in a period of consultation about the disciplinary procedure – the discussion is an ideal opportunity for all members of the university to bring forward their views about the standard of proof.

“This will enable the Review Committee on Discipline to reach the best decision for the University, which would ultimately be subject to further University consultation, but we cannot pre-judge what that decision will be.”

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