takedown notice from cardiff metropolitan university to jonathan bishop

7/21/2019 Takedown Notice from Cardiff Metropolitan University to Jonathan Bishop

1/9

~

BLAl


2/9

Defamatory statements

e

take issue with the following statements within the Articles.

The First Article

Even though [Oliver} Bilton took the substances unknowingly, he now faces ining string of

students that have been withdrawn from their studies at Cardiff Metropolitan University.

This statement is untrue.

Read in conjunction with the remainder of the First Article, the meaning of the words is to suggest that

a large number of students have been withdrawn (or excluded) from studies by the University pursuant

to its disciplinary procedures. This is unsubstantiated and

is

false.

First, it is a matter

of

public record that the student

in

question was suspended from all sport for a

period of two years following

an

anti-doping rule violation. Whilst it would be inappropriate to comment

in

relation to any disciplinary process which may

be

followed as a consequence of th

is

determination, it

is certainly true that the student has not been withdrawn from his studies.

Further, the suggestion that the University has a blanket policy

of

withdrawing or excluding students

in

circumstances such as this is false and is damaging to our client's reputation as it suggests a course

of conduct which the reader will assume to be unfair and arbitrary.

Dean of Students Rob Cummings, who was himself recently investigated for miscondu t ....

This statement is untrue.

Mr Cummings has never been investigated for misconduct.

A complaint was previously made by you alleging that Mr Cummings had acted inappropriate ly. As

you are aware, that complaint was fully

and

properly investigated and ultimately dismissed on the

basis that it was entirely without merit.

There was no separate investigation into the conduct of Mr Cummings.

This statement

is

accordingly clearly defamatory

in

circumstances where

yo

u are fully aware that it

is

untrue.

Cardiff Metropolitan University recently denied that it spent its [sic] over 600,000 legal costs on

handling student complaints, including hiring high powered law firm Hugh James Solicitors.

This statement is, once again, untrue.

There has been no such denial.

nd

eed, you have previously made a Freedom of Information Act request seeking information in

relation to the amount spent

by

the University

on

legal fees.

n response you were notified that some 606,487.50 was spent on legal fees f rom 2010 to 2014,

being the total legal spend across the University

in

that period.

If any of those costs were incurred

in

dealing with student complaints, the precise amount

is

unknown

on the basis that such information is not recorded .

The contextualisa tion of the statement also conveys a false meaning and wrongly suggests that

th

e

University has failed to act in a transparent manner.


3/9

Oliver Bi/ton 's future in sport looks uncertain, but

if

Cardiff Metropolitan University's student

disciplinary record according to statistics from the Office

of

the Independent Adjudicator for Higher

Education's is anything to go by, he will not have a future there.

The meaning of the words clearly suggests that the Universitys student disciplinary procedures are

unfair. There is no justification for this statement and the basis on which it is made is not set out.

In particular, no statistics are available from the Office

of

the Independent Adjud icator for Higher

Education specifically relating to disciplinary action concern ing students. As such, whi lst you may

seek to assert that this statement amounts to a comment. the facts on which the comment was made

are incorrect. The statement is accordingly defamatory and damaging to our client s reputation.

The Second Article

It has been revealed that many doctoral students at a Welsh university are going without essential

annual reviews of their studies, including in relation to the progress of their work and their training

requirements.

Postgraduate research students, many receiving studentships through

ta

xpayer are not having the

right amount

of

support at Cardiff Metropolitan University. Ian Doyle is spokesman

fo

r Cardiff

Metropolitan University. There are number of PGR studentsh ips who have fallen into a limbo

category of neither being enrolled, suspended

or

withdrawn, he admitted. It is recommended

th

at a

review of the management processes of PGR students is undertaken with particular reference to the

funding status and funding regulations of those students undertaking study in HEFCW funded areas.

The clear meaning

of

these statements is that students are being prejudiced by failings in relation to

monitoring requirements and a lack

of

support on the part

of

the Universit

y.

This is false and without

merit.

This is extremely damaging to our client s reputation upon which it relies to attract post-g raduate

students.

Mr Doyle is wrongly held out as a spokesman for the University in relation to this issue when in fact the

quoted text relates to a specific investigation of a complaint made by you,

in

relation to wh ich Mr Doyle

was the investigating officer.

The excerpt quoted relates specifically

to

students who have suspended their studies and to their

status pending re-enrolment at the end

of

a specified timeframe. In that period, no monitoring reviews

are necessary.

There is accordingly no evidence whatsoever to support your assertions that students a

re

g

oi

ng

without essential annual reviews

of

their studies and not having the right amount

of

suppo

t

which

are false and misleading.

Action you are

now

required to take

For the reasons set out the above, statements within the Articles are untrue and constitute a serious libel

of

our

client.

You are of course aware that

in

relation

to

the previous publications refe rred to abo

ve

our cl ient was prepared

to refrain from taking legal action aga inst you provided the defamatory statements in question were removed

from the Website.

e

are instructed that our client is once again willing not to pursue this matter prov ided: i) the content referred

to is immediately removed; and

ii

) you undertake to refrain from re-publishing these statements, or anything

substantively similar, in the future.

Should you fail to

do

so. our client will serve a formal letter before claim leading inevitab

ly

to court

proceed ings.


4/9

In

particular, our client is justifiably concerned that you seem to be intent on pursuing a course of conduct

deliberately intended to harm its reputation. This ca nnot be allowed to persist in abeyance.

Notwithstanding our comments above with reference to our cl ient s preparedness to not ta ke matters further in

this instance (if the stated conditions are met, we accordingly put you on notice that ou r client wi

ll

not look

favourably

on

future publications containing similarly untrue, defamatory statements and will immediately

ta

ke

steps to enforce its rights.

We must ask you to let us have a reply by Friday, 1OJuly 2015 at the very latest. In the meantime it should

be

clearly understood that our clie

nt

reserves all its rights in this matter.

Yours faithfully

t LLP

lk ~ LLP

En c.


5/9

Crocels News

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University students in limb

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Crocels News

/)

- / news/ - Swansea, Wales, June

14

,

201 S at 3:09

pm -

Page 1of 3

It has been reveal

ed

that many doctoral stud ents at a

Welsh university are

going without

essential annual

reviews of their studies, including in re lation to the

progr

ess of their

work

an

d their t

ra

ining requirements.

Postgraduate research stu dents , many rece iving

students

hip

s through taxpayer are not having the

right

amount of support at Cardiff Metropo li tan Univers ity. Ian

[

..]

Crocels News

http://news.crocels.

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/news/4722/cardi ffmet-sru ents- n -limbo/

Crocels News is the

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Crocels Com muni

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07/07/20 15


6/9

Crocels News I University students

in

limbo

University students

in limbo

It has been revealed th at many doctoral students at a

Welsh university are going without essential annual

reviews of thei r studies, including in relation to the

progress of their work and their training requirements.

Postgraduate research students, many receivi ng

studentships through taxpayer are not having the right

amou nt of support at Cardiff Metropolitan Univers ity. Ian

Doyle is a spokesman for Cardiff Metropolitan

University. There are a

numbe

r o f

P R

studentships

who have fallen

into

a li

mbo

category

of

neither being enrolled, suspended or withdrawn, he

admitted.

It is recommended that a review

of

the

management processes

of

P R s tudents is

unde

rtaken

with particular reference to the funding status

and

funding regulations

o hose students

undertaking

study

in HEF W funded areas.

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Cardiff Met student makes costly

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Crocels News (/) - / news/ - Swansea, Wales, June 6 ,

201 5

at 4:28 pm -

Page 1 of 4

A student at Cardiff Metropo li tan University looks set to

have his l ife turned upside down by th e higher education

institution after he mistakenly took sports supplim ents

which contained prohibited substances. Popular student,

Oliver Bi

lton, who

has played

for

Cardiff Me tropolitan

Un iversity s rugby team, was found

during

a routine and

voluntary drugs test to have taken [ . .

Crocels

News

Crocels News is the

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Crocel s Commun ity

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http://news.crocels.com/news/7 156/cardiff mct srudent makes cost ymistake/

07/07/2015


8/9

Crocels News ICardiff Met student makes costly mistake

ardiff et student

makes costly

mistake

A

student

at Cardiff

Metropolitan

University looks set to

have his life

turned

upside down by the higher education

institution after

he mistakenly

took

sports

suppliments

which contained prohibited substances.

Popular student, Oliver Bilton, who has played for Cardiff

Metropolitan

University's

rugby

team, was found

during

a

routine

and

voluntary drugs

test

to

have taken

supplements containing

Oxandro

lone and metabolite

Epioxandrolone.

Even though

Bilton

took the

substances

unknowingly

, he

now

faces

joining

a

string

of

student

s

that

have been

withdrawn from

their studies

at

Cardiff

Metropolitan

Un i

versity

. Dean

of

Students Rob

Cummings,

who was

himself

recently investigated for misconduct, says the

university

takes a

tough

line on such issu

es

. The

University has a

disciplinary

procedure which is used in

such cas es, and specifically covers

the

mi suse

of

drugs,

he said . '

Thi

s

can

lead

to

a range

of

sanctions being

applied

including

pe

rmanent

exclusion.

Cardiff

Metropolitan

Univers i

ty

recently denied that

it

spent its over

600,000

legal cost s on handling

student

complaint

s,

including hiring high

powered law firm

Hugh James

So

li citors. Oliver Bilton 's futu re in

sport

looks uncertain ,

but i f Cardiff

Metropolitan

University' s

student

disciplinary record according to statistics from

the Office

of

the I

ndep

e

ndent Adjudicator

for

Higher

Education's is anything to

go

by, he will

not

have a

future

there.

Page 2

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takedown notice from cardiff metropolitan university to jonathan bishop

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