UCD student who claims she was raped withdraws appeal over study allowances

High Court reporters

A medicine student has withdrawn her appeal of the High Court’s rejection of her claim that University College Dublin (UCD) failed to make adequate allowances for her studies after she alleged she was raped by a fellow student.

Lawyers for the student told the Court of Appeal (CoA) on Thursday they had been instructed to withdraw the challenge. The court struck out the appeal, and made an order for the university’s legal costs.

The appeal court heard arguments on behalf of the student and the university earlier this month.

After the hearing, gardaí arrested the student on suspicion of deceiving the university. She was questioned about the legitimacy of documents furnished to support claims she had been raped.

The student was later released without charge, pending a file being prepared for the Director of Public Prosecutions.

The student cannot be identified by order of the court.

In the High Court action, Judge Marguerite Bolger sided with UCD on all grounds, finding the solutions offered by UCD to help the woman complete several failed modules were “entirely lawful and proper”.

The student’s appeal had centred on the contention that the university did not correctly apply provisions of the university’s academic regulations relating to limits on module credits and workload in imposing its remediation plan.

At Thursday’s hearing, counsel for the student, Ciaran Craven, said he had received instructions from his client to withdraw the appeal. He made an application for the case to be struck out.

Counsel for the university, Barra Faughnan, submitted the case should be struck out, and the order of the High Court affirmed. He made an application for his side’s legal costs.

Mr Craven said he had no instructions in respect of the question of legal costs.

Judge Donald Binchy, sitting with judges Teresa Pilkington and Emily Egan, struck out the case and made an order for the university’s costs.