Medical student: Allegation of sexual assault & academic misconduct

X v University of Western Sydney [2014] NSWSC 82 required the Court to undertake a judicial review in respect of a student’s suspension from a university course. 

Following a social event at a student residential college, a first year medical student made an allegation of sexual assault against X, who was also a first year medical student. There was a report to the university and a complaint to NSW Police. The student was subsequently suspended by the university, under an academic misconduct policy. It was that suspension decision which was the subject of these proceedings.

The decision is quite complex, with X failing on a number of grounds. However the decision on the part of the University was found to be flawed on procedural fairness grounds and so was declared invalid. The judicial review did not seek to address the merits of the university’s decision and so presumably the circumstances will require further consideration by the university.

The matter is to be listed at a later date for further orders.