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Oxford alumna takes university to court over sexual assault policy

A former student of the University of Oxford has launched a legal challenge against her alma mater over its policy on investigating rape allegations

Published on
May 7, 2015
Last updated
May 27, 2015

The legal case of Elizabeth Ramey, who was previously a postgraduate student at the institution, will argue that Oxford鈥檚 policy of investigating rape claims only under certain circumstances is unlawful and discriminatory.

The university said that it is 鈥渞obustly defending鈥 the application 鈥渙n all grounds鈥.

The preliminary stage of Ms Ramey鈥檚 legal challenge will be heard in the High Court tomorrow.

Ms Ramey, who has chosen to waive her right to anonymity, reported a sexual assault in 2011. She said that the university failed to investigate the allegation properly or take any action against the alleged perpetrator, a fellow student.

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The case was investigated by the police but the Crown Prosecution Service decided not to pursue the case.

She later made a complaint to the Office of the Independent Adjudicator, which was partially upheld, and the OIA recommended that Oxford clarify its policy.

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The End Violence Against Women Coalition, who are supporting her case, say that the new version of the policy 鈥渟till allows Oxford to avoid investigating serious sexual assaults, leaving women at risk and failing to recognise the University鈥檚 legal responsibilities towards them鈥.

Ms Ramey explains in judicial review papers already put before the court: 鈥淭he University鈥檚 new policy will further discourage women from reporting sexual assaults, knowing that their cases are unlikely to be investigated or lead to disciplinary proceedings. Not only does this place an unfair emotional burden on women, it also places them at greater risk.鈥

Her claim, funded by the Equality and Human Rights Commission, argues that Oxford is indirectly discriminating against women by creating a hostile environment and creates substantial risk that women鈥檚 human rights are violated if assaults are not investigated.

It will also argue that the university has breached the public sector equality duty by failing to have due regard to the need to eliminate discrimination and harassment of women.

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EVAW鈥檚 acting director, Sarah Green, said that student sexual assault is a 鈥渧ery widespread and serious problem鈥.

She added: 鈥淎 National Union of Students survey found that one in four women students experienced some form of sexual assault, and 7 per cent had been subject to a serious sexual assault.

鈥淚t is essential that universities have robust policies for investigating rape to ensure women students are safe on campus.鈥

A spokeswoman from the university said it was 鈥渞obustly defending this application on all grounds鈥 and that Ms Ramey鈥檚 initial legal challenge had been refused on paper.

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She added: 鈥淭he harassment policy was developed through consultation with students and other interested parties and had regard to practice across UK higher education generally.鈥

holly.else@tesglobal.com

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