UCD student withdraws Court of Appeal challenge against High Court ruling

The Court of Appeal struck out the case and awarded costs to University College Dublin following the withdrawal

The Court of Appeal had heard arguments from both the student and University College Dublin earlier this month. Picture: UCD/PA Wire

A medicine student has withdrawn her appeal against a High Court ruling that rejected her claim that University College Dublin (UCD) failed to make adequate academic accommodations after she alleged she had been raped by a fellow student.

Lawyers for the student told the Court of Appeal on Thursday that they had been instructed to withdraw the challenge.

The court struck out the appeal and awarded legal costs to UCD.

The Court of Appeal had heard arguments from both the student and the university earlier this month.

Following that hearing, gardaí arrested the student on suspicion of deception in relation to the university. She was questioned regarding the authenticity of documents submitted in support of her claim that she had been raped.

She was subsequently released without charge, pending the preparation of a file for the Director of Public Prosecutions (DPP).

The student cannot be identified by order of the court.

High Court ruling

In the High Court, Ms Justice Marguerite Bolger found in favour of UCD on all grounds, ruling that the measures offered by the university to help the student complete several failed modules were "entirely lawful and proper".

The student's appeal centred on her contention that the university had failed to correctly apply its academic regulations governing module credit limits and academic workload when implementing 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 and applied to have the proceedings struck out.

Counsel for UCD, Barra Faughnan, asked the court to strike out the appeal, affirm the High Court decision, and award costs to the university.

Mr Craven said he had no instructions regarding the issue of legal costs.

Mr Justice Donald Binchy, sitting with Ms Justice Teresa Pilkington and Ms Justice Emily Egan, struck out the appeal and made an order awarding costs to UCD.