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Fitness to Practise Procedures at University: Health and Conduct Committees and Appeals, Summaries of Decision Making

The Fitness to Practise procedures at a university, including the role of School Health and Conduct Committees and the University Fitness to Practise Committee. It covers situations that may lead to a referral, the process for finding a case proven, confidentiality, and record keeping. Applicants and external representatives are also addressed. Students are advised to seek support and are not permitted at School Health and Conduct Committee meetings.

What you will learn

  • What is the process for finding a case proven in a Fitness to Practise hearing?
  • What is the role of the School Health and Conduct Committee in the Fitness to Practise process?
  • What situations may result in a referral to the School Health and Conduct or University Fitness to Practise Committee?
  • What support is available for students going through the Fitness to Practise process?
  • What happens to the outcome of a Health and Conduct or Fitness to Practise procedure?

Typology: Summaries

2021/2022

Uploaded on 09/27/2022

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FITNESS TO PRACTISE CODE OF PRACTICE
CONTENTS
SECTION A GENERAL INFORMATION
1. Introduction What is Fitness to Practise?
2. Standard of Proof
3. Applicants
4. Student Support and Representation
5. Confidentiality and Record Keeping
6. Office of the Independent Adjudicator
SECTION B HEALTH AND CONDUCT COMMITTEE
SECTION C FITNESS TO PRACTISE COMMITTEE
ANNEXES
Annex A - Student Conduct Procedures Process Map
Annex B - Health and Conduct Documentation
Annex B1 Template Health and Conduct Committee Terms of Reference
Annex B2 Health and Conduct Committee Referral Template
Annex B3 Investigation Template
Annex B4 Committee Checklist
Annex B5 Guidance Document Health and Conduct Committee Outcomes
Annex B6 Committee Invitation Letter Template
Annex B7 Committee Outcome Letter Template
Annex B8 Email Template Informing Staff of Committee Outcome
Annex B9 Fitness to Practise Referral Template
Annex B10 Email Template Informing Student of Occupational Health Referral
Annex B11 Occupational Health Referral Template
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FITNESS TO PRACTISE CODE OF PRACTICE

CONTENTS

SECTION A – GENERAL INFORMATION

  1. Introduction – What is Fitness to Practise?
  2. Standard of Proof
  3. Applicants
  4. Student Support and Representation
  5. Confidentiality and Record Keeping
  6. Office of the Independent Adjudicator

SECTION B – HEALTH AND CONDUCT COMMITTEE

SECTION C – FITNESS TO PRACTISE COMMITTEE

ANNEXES

Annex A - Student Conduct Procedures – Process Map

Annex B - Health and Conduct Documentation

Annex B1 – Template Health and Conduct Committee Terms of Reference

Annex B2 – Health and Conduct Committee Referral Template

Annex B3 – Investigation Template

Annex B4 – Committee Checklist

Annex B5 – Guidance Document Health and Conduct Committee Outcomes

Annex B6 – Committee Invitation Letter Template

Annex B7 – Committee Outcome Letter Template

Annex B8 – Email Template – Informing Staff of Committee Outcome

Annex B9 – Fitness to Practise Referral Template

Annex B10 – Email Template – Informing Student of Occupational Health Referral

Annex B11 – Occupational Health Referral Template

SECTION A – GENERAL INFORMATION.

1. INTRODUCTION

1.1 This Code of Practice sits alongside Regulation B5 (Fitness to Practise) and explains how the University will apply the Regulation to individual students. It sets out how the University will meet its obligations in relation to Fitness to Practise for professional programmes and explains what students can expect if they are involved in a Fitness to Practise case.

What is Fitness to Practise?

1.2 Students registered on or applying for a programme of study regulated by a Professional, Statutory or Regulatory Body (PSRB) and involving practical education in relation to patients, pupils, clients or service users (hereafter referred to as clients) are subject to specific expectations around their conduct, behaviour and in some cases health. These expectations are set out in the requirements of the PSRB accrediting the programme of study.

1.3 The University must monitor its students in relation to the requirements of the relevant PSRB for their programme of study and if issues arise that are in breach of the requirements or are suspected to be in breach of them, then the University must take action. These procedures are referred to as Fitness to Practise and also apply to applicants for accredited programmes.

1.4 The Fitness to Practise process is normally made up of two stages: i. The School Health and Conduct Committee stage is administered by the relevant School and will receive initial reports of concerns regarding Fitness to Practise. In some cases, matters will be dealt with by the School Health and Conduct Committee and the issue will be concluded. ii. The University Fitness to Practise Committee sits at University level and will handle cases where the School Health and Conduct Committee has identified a serious problem which cannot be resolved at School level.

1.5 Situations that may result in a referral to the School Health and Conduct or University Fitness to Practise Committee include where a student or applicant: i. Has been directly implicated in an incident with a client that has either led or may have led to significant harm to the client; ii. Has been convicted of a crime or is being investigated in relation to a crime that brings their fitness to practise into question; iii. Has been directly implicated in an incident that leads to serious concerns about the student’s professional behaviour; iv. Cause for concern relating to health and/or behaviour in terms of its impact on themselves, the care of clients or their relationships with colleagues, members of staff, or clients. For applicants the cause for concern would be identified via applicant declaration and/or a DBS check.

1.6 Other University processes may also lead to a Fitness to Practise case including:

3. APPLICANTS

3.1 During the admissions process, applicants will be required to complete a Health and Conduct questionnaire or self-declaration document. If the Head of School or their nominee has concerns about the responses received, the matter may be referred to the School Health and Conduct Committee (see below). The case will be reviewed and any decision will reflect the professional requirements or code of behaviour of the relevant PSRB for the course.

3.2 Applicants whose suitability for the programme they are applying for is in question will follow the process outlined in Section B of this Code of Practice.

3.3 The School Health and conduct Committee may require the applicant to undertake a DBS check to assist in their consideration of the case.

3.4 Applicants are not required to attend a meeting of the Health and Conduct Committee but may do so where the circumstances of the case are complex or if there are exceptional circumstances leading the applicant to request this.

3.5 Health and Conduct Committee decisions on applications are usually final. In exceptional circumstances, an applicant may be eligible to submit an appeal under the Admissions Appeal Process.

4. STUDENT SUPPORT AND REPRESENTATION

4.1 Being involved in a Fitness to Practise case has potentially serious implications for a student’s ability to complete their programme of study and enter professional practise. As such, the University strongly advises that students who are subject to Health and Conduct or Fitness to Practise procedures seek support with this process. Sources of support are outlined in this section.

4.2 Students have the right to be accompanied to any formal Health and Conduct or Fitness to Practise meetings. This would normally be by a member of staff, a current student, a member of the ASK (Advice and Support at Keele SU) Team, or an elected officer of the Keele University Students’ Union or Keele Postgraduate Association.

4.3 The University has the discretion to accept other supporters where this is deemed necessary. The accompanying person may attend the whole meeting, even if the student is not present.

4.4 If the accompanying person is from within the university, their name and status should be provided to the administrator of the process as soon as possible and no later than 24 hours before the meeting.

4.5 The accompanying person may attend the meeting without the student, if the student is not present, they are expected to submit written representations to the Committee. Their representative will not be able to respond to any direct questions from the panel. If the student is present, the accompanying person may make representations and ask questions on their behalf but cannot answer direct questions for the student.

4.6 It is important to note that the University’s student conduct related processes, including Health and Conduct Committees, are not legal processes. It is reasonable for the University to define who may or may not accompany a student to a meeting about a student conduct related process and there is no obligation to allow external representation.

4.7 External representatives are not permitted at meetings relating to School Health and Conduct Committee processes including full Committee meetings.

4.8 Where a student wishes to bring an external representative to a Fitness to Practise related meeting, they should make a request in advance of the meeting to the Chair of the Committee which will be considered in consultation with colleagues in Academic Services and a response provided. More information on consideration of requests of this nature can be found by contacting the Student Appeals, Complaints and Conduct team. Students will be given details of the Committee members in the invitation letter.

5. CONFIDENTIALITY AND RECORD KEEPING

5.1 The outcome of any Health and Conduct Committee or Fitness to Practise Committee procedure will be placed on the student’s file and will be available to any subsequent Health and Conduct of Fitness to Practise Committee that the student is called to attend.

5.2 Information gathered as part of Health and Conduct or Fitness to Practise procedures may be required to be disclosed to the Professional, Statutory or Regulatory body that accredits the relevant programme of study. PSRB requirements vary and are set out specifically by each School or Programme.

6. OFFICE OF THE INDEPENDENT ADJUDICATOR FOR HIGHER EDUCATION (OIA)

6.1 Under the Higher Education Act 2004 the University subscribes to the independent scheme for the review of student complaints. Students normally need to have completed the internal procedures of the University in relation to Health and Conduct or Fitness to Practise before they are eligible to make a complaint to the OIA. Students will know that they have completed the procedures as the University will automatically issue them with a Completion of Procedures letter at the appropriate time.

6.2 The University will also notify students if they are eligible to request a Completion of Procedures letter. This applies where they have completed a stage of the internal procedure but do not wish to move to the next one.

6.3 In very exceptional circumstances, the OIA may consider a complaint from a student who has not completed the internal procedures of the University. More information can be found on the OIA website here: https://www.oiahe.org.uk/students/can-you-complain- to-us/.

information and support. Students are responsible for familiarising themselves with the requirements of their PSRB as outlined in the programme documentation.

2. INITIAL IDENTIFICATION OF HEALTH OR CONDUCT ISSUE

2.1 Any matter that is subject to criminal proceedings or that relates to a breach of University Regulation B1 (Student Discipline) or Regulation D4 (Student Academic Misconduct) should be investigated in accordance with these regulations prior to any action being taken by the Health and Conduct Committee. If temporary suspension is required (under Regulation B1), a representative from the School will be asked to participate in the University level process.

2.2 When the outcome of the action under Regulation B1 or D4 is known, it will be reported to the School for consideration by Health and Conduct Committee as required. If the School is unsure whether the matter is covered by Regulation B1 or D4, advice should be sought from Student Appeals, Complaints and Conduct before any action is taken.

2.3 Any matter that is deemed to be a health and conduct concern may be brought to the Committee for consideration.

Schools must seek advice from the Student Conduct Manager or the Head of Academic Quality and Student Conduct if the matter relates to conduct that may need to be considered under Regulations B1 or D4 first.

Possible examples are provided below, this is not an exhaustive list:

  • Health
  • Behaviour/conduct
  • Unsatisfactory attendance/time management
  • Proven disciplinary offences under Regulation B
  • Proven cases of academic misconduct under Regulation D
  • Poor engagement with teaching and assessment
  • Requests for extended periods of absence
  • Disclosure or other evidence of a criminal offence resulting in conviction, reprimand, caution, warning, fixed-penalty notice
  • Falsification of records (patient, professional, practice)
  • Dishonesty
  • Substance misuse
  • Attending learning and teaching events or placements in an intoxicated state
  • Inappropriate or intimidating behaviour including bullying and harassment
  • Incidents of violence on or off campus
  • Offences against or exploitation of patients or clients
  • Safeguarding issues
  • Recurrent discourtesy
  • Persistent poor engagement with the School outside of teaching and learning activities (i.e. administrative tasks, communications)
  • Poor time management

2.4 The day to day management of student issues will not, necessarily, form part of this process. However, they may form part of a pattern of behaviours which trigger this process if evidence indicates a significant concern.

2.5 The School will ensure that a meeting with the student takes place to discuss an issue/behaviour/incident. This may be with an individual staff member (determined by the programme) or a small panel. The possible outcomes at this stage are: a. Student can continue on the programme b. Student can continue on the programme with agreed monitoring and follow up from within the School c. In agreement with the Chair of Health and Conduct Committee, an investigation is invoked for referral to Health and Conduct Committee.

2.6 For outcomes a or b above, a written record will be made and held on the Student’s record in case of future incidents. For outcome c, the staff member or a representative of the School panel will complete a Health and Conduct referral form and discuss with the Chair of the Health and Conduct Committee to decide what information is required to complete the referral. An investigation will then be instigated by Chair’s Action.

2.7 The referral form will be shared with the student prior to the investigation and again when it has been completed as part of the Health and Conduct Committee paperwork. The referral form includes the name of the investigating officer.

3. TEMPORARY SUSPENSION OF STUDIES (SCHOOL LEVEL)

3.1 In cases where the concern identified does not warrant suspension under Regulation B1, the School may temporarily suspend a student’s studies under their Health and Conduct processes to enable a thorough investigation to be carried out and/or to safeguard the student or others in the intervening time. This may include a partial suspension for example, suspension of a placement but permission to continue to attend learning and teaching events.

3.2 Whilst studies are suspended, it may be necessary to limit the students’ access to University facilities or premises, including online teaching activities.

3.3 If temporary suspension is required, a meeting will be held with the Head of School or nominee, and the Student and/or their representative to explain the nature of the concern raised and the reasons why it is necessary to suspend their studies.

3.4 The student will normally be given at least 72 hours written notice of the date and time of the meeting.

3.5 In very exceptional cases, if the matter is deemed to be so serious that immediate suspension is required, the student will be informed in writing but should be given the opportunity to attend a meeting within five working days of the decision being taken.

3.6 Following the meeting a letter will be issued to the student explaining the decision taken and what restrictions their suspension places upon them. This will be referred to as a Temporary Suspension of Studies Letter.

5.3 To avoid the perception of bias, Committee members should have had no prior knowledge of the current case against the student and should not have worked closely with them, for example, as their personal tutor or in a supervisory role. Whilst every effort will be made to ensure the panel have no prior knowledge of the student, this may not be possible in all cases. Committee members must declare a conflict of interest if they feel they are not suitably independent. The student will also have the opportunity to raise any potential conflicts of interest from the panel composition before the meeting. Panel members may be changed at the discretion of the Chair.

6. INFORMATION TO BE CONSIDERED BY THE COMMITTEE

6.1 The submission for the Health and Conduct Committee will be based on the referral form (Annex B). The form will list all the information relevant to the case for consideration. As a minimum this will include:

i. Details of the concern ii. The investigation report iii. Student Record – including academic profile (attendance, marks, file notes) and any past Health and Conduct issues iv. Student submission to Health and Conduct Committee

7. PRIOR TO THE HEALTH AND CONDUCT COMMITTEE MEETING

7.1 The student will be informed in writing of the date and time of the Health and Conduct Committee meeting 14 days before the meeting date. With the agreement of all parties, this timescale can be varied.

7.2 The letter should state who the panel members will be, to provide the student with the opportunity to raise any concerns about panel composition in advance of the meeting. This should happen before the paperwork is circulated to panel members so that they do not see the student’s personal information before their membership is confirmed.

7.3 The letter should also include the referral documentation including the investigation report and confirmation of the student’s right to be accompanied (see Section A, point 4).

7.4 The student is required to submit their response to the case documentation, including the investigation report and any further supporting evidence 7 days before the meeting. With the agreement of all parties, this timescale can be varied.

7.5 At this point the student should also confirm their attendance at the meeting. Students are strongly advised to attend if possible. If not attending, the student must submit written representations and evidence. If the student decides not to attend and does not submit any representations, the Committee may still proceed with the meeting. If this is the case, the rationale for the decision to proceed must be clearly documented. Reasonable requests for postponement will be considered by the Chair, whose decision is final.

7.6 Monthly meetings of the Committee are scheduled through the year. A case will be heard on the next available date after the investigation is complete, taking account of the

required timescales. For particularly complex cases, an additional date may be convened if necessary.

7.7 The nominated administrator will provide the Committee members with a case file for each case to be considered, including as a minimum, the documents referred to in Section B, point 6 above.

8. HEALTH AND CONDUCT COMMITTEE MEETING PROCEDURE

8.1 Meetings may be held virtually or in person. The meeting will be conducted as follows: i. Each case will be considered by the Committee in turn. Students due to be seen by the Committee will be asked to wait in a designated waiting area. ii. When their case is heard, the student and supporter (if applicable) will be invited to join the meeting. iii. The Chair will confirm that the Committee have considered the case documentation. iv. The student, if present, will then be invited to present their case to the Committee with reference to any evidence of mitigation. v. If the student chooses not to attend, a written submission and or evidence of mitigation will be considered. The Committee will generally not consider supporting statements from family or friends but will consider independent documentary evidence from general practitioners and other similar bodies. vi. The Committee members may question the student under the direction of the Chair. The student’s supporter may be invited to assist the Committee at the discretion of the Chair. vii. The student should have the opportunity to hear and respond to all issues raised during the School Health and Conduct Committee meeting, except the Committee’s deliberations. viii. Having given the student full opportunity to make representations, the Committee will consider the available information in private and reach a decision.

9. OUTCOME OF HEALTH AND CONDUCT COMMITTEE

9.1 The outcome of the meeting would normally be given verbally on the day of the meeting, with a full written outcome provided within 10 calendar days. In exceptional circumstances, if it is not possible to give the outcome on the day, the outcome letter must be provided in 7 calendar days.

9.2 The outcome letter must contain an accurate record of the discussions held at the Committee and the resulting outcome. The outcome letter will stand as the record of the meeting (i.e. there will be no separate minutes recorded) and so should be sufficiently detailed with a clear rationale for the Committee’s decision, including what other possible outcomes were considered and the reason for not applying those.

9.3 If conditions are placed on the student, these should be explained fully with clear information on how their completion will be assessed and a timescale for completion given. The letter should also give the student details on their right of appeal, how to do this and the deadline for submission.

9.4 The Committee may decide: a. That the student can continue on the programme; b. That the student can continue on the programme with monitoring and/or conditions/undertakings in place;

11 APPLICANTS

11.1 Applicants for programmes subject to Regulation B5 may be referred to the Health and Conduct Committee if information comes to light that may affect their Fitness to Practise, prior to their registration as a student. This may be reported by the applicant in a self- declaration form or may come to light following a DBS check.

11.2 The School Health and Conduct Committee will consider cases in relation to applicants. An applicant will not usually be invited to make their case in person, although they will be asked to submit written representations. The timescales involved will be the same as those for registered students. The Committee will consider the case made by the student in order to assess whether their Fitness to Practise may be impaired. The panel may decide:

i. To allow the application to proceed in line with the framework for the course. Depending on the nature of the matter, if the applicant is successful, conditions may need to be applied, particularly in relation to placements provided by external partners. ii. To reject the applicant.

11.3 Applicants will be informed of the decision on their case in writing (see outcome letter section above).

11.4 Applicants are not permitted to appeal the decision on their application under the Health and Conduct Committee procedure, however, in exceptional circumstances, the Director of Admissions has discretion to consider an appeal under the Admissions Appeal Procedure. Exceptional circumstances may include, for example, changes to the status of convictions shown on the DBS check that may have affected the original decision.

SECTION C UNIVERSITY FITNESS TO PRACTISE COMMITTEE PROCEDURES.

1. ROLE OF THE FITNESS TO PRACTISE COMMITTEE

1.1 Students will be referred to the University Fitness to Practise Committee from School/Programme Health and Conduct Committee. In exceptional cases, where it is deemed necessary due to the severity of the case. Students may also be referred directly, this would normally be by the Head of School.

1.2 As set out in Regulation B5 (Fitness to Practise) the Committee can consider and make recommendations on:

i. Any conduct which may mean that a student is unfit to be admitted to or to practise that profession or which breaches a requirement for a licence to practise; or ii. Any health problem which may mean that a student is not fit to be admitted to or to practise that profession or which breaches a requirement for a license to practise.

2. MEMBERSHIP OF THE UNIVERSITY FITNESS TO PRACTISE COMMITTEE

2.1 The University Fitness to Practise Committee is made up of the following members:

i. The Dean of the Faculty of Medicine and Health Sciences (or their nominee) to be the Chair. ii. Deputy Chair to be appointed by a selection process following expressions of interest. iii. One member of staff of the University (not from the Faculty concerned) to be nominated by the Chair. iv. An external member (for example a serving or previous member of an NHS Trust Board, Head Teacher or an external representative with relevant professional body membership) to be appointed by the Chair following expressions of interest. v. the Heads of Schools that have programmes subject to this regulation or their nominees.

2.2 For the Committee to be able to make a decision (quorate), members (i), (iii) and (iv) must be present with 2 members from the other categories, giving 5 members in total.

2.3 The Committee will have the power to co-opt additional members as required.

2.4 The Committee membership should reflect the professional discipline of the case under consideration and should take account of the need for cultural diversity to reduce the risk of unconscious bias in decision making.

2.5 The Committee will be attended by a Secretary who is not a member but will be present throughout the proceedings.

3. REFERRAL TO UNIVERSITY FITNESS TO PRACTISE COMMITTEE

3.1 When a student is referred to the University Fitness to Practise Committee the referral must include:

i. The paperwork considered by the School Health and Conduct Committee including the initial referral detailing the concerns about the student’s fitness to practise, investigation reports and any other related documentation;

4. ATTENDANCE AT UNIVERSITY FITNESS TO PRACTISE COMMITTEE MEETING

4.1 The student is required to attend the meeting in person or via video link. If the student does not attend and does not provide a reasonable explanation, the Committee may consider the case in the student’s absence. The explanation for absence is expected to be provided to the Chair of the University Fitness to Practise Committee before the meeting takes place. The decision as to whether the meeting may proceed in the student’s absence rests with the Chair. The student’s representative may attend on their behalf (see Section A, point 4.5). If the meeting proceeds in the student’s absence, a clear rationale for the decision to go ahead should be recorded in the minutes, including any efforts made to contact the student.

4.2 If the student does not attend or submit a response to the University Fitness to Practise Committee referral documents, or withdraws from the University before or during consideration of the case, the Committee will complete its consideration of the case.

4.3 The Chair may require that members of Keele University staff relevant to the case attend the meeting.

4.4 The Chair may, at the request of the Committee, call upon other persons to provide advice on specific aspects of the case.

4.5 The School/Programme’s case will be presented by the Head of School or their nominee (this is usually the Chair of the Health and Conduct Committee making the referral), who may call witnesses in support of the case.

4.7 The student may also call witnesses in support of their case. Notification of the names of the witness(es) must be provided in advance of the meeting. Normally, this should be at the same time as the student submits their case but should be no later than 24 hours before the meeting.

5. CONDUCT OF UNIVERSITY FITNESS TO PRACTISE COMMITTEE MEETINGS

5.1 Prior to the meeting, the Chair will hold a short pre-meeting with the members of the Committee to agree the areas of questioning for the student and their representative during the meeting.

5.2 The student and their representative and the representative presenting the School/Programme’s case will be invited into the room (or virtual meeting) and the Chair will formally introduce themselves and their role in the meeting. All parties will be invited to do the same.

5.3 The Chair will check to see if there are any declarations of interest; if so the meeting will be adjourned while the matter is dealt with. If not, the meeting will proceed.

5.4 The Chair will confirm the student has received all the relevant information ahead of the meeting.

5.5 The Chair will confirm the procedure of the meeting as set out in the Section C, point 6 below.

5.6 The Chair will confirm at this point how the outcome will be communicated to the student. This may be verbally at the meeting, to be followed up with a detailed outcome letter, however, if the Chair deems it necessary, the procedure may be varied and the decision communicated in writing. If this is the chosen method, the student will be informed of when to expect the letter.

5.7 The Chair will confirm that an adjournment may be requested by any party, at any point.

5.8 The School/Programme will present their case first, including calling any relevant witnesses and then Committee members will have the opportunity to ask questions, followed by an opportunity for the student or their representative to ask questions.

5.9 The student and their representative will then present their case, including calling any relevant witnesses. The School/Programme representative and the Committee members will have the opportunity to ask questions. When questioning is concluded the witness will leave the meeting.

5.10 At this point the Chair will check with all parties that they have nothing further to add and that all points they wish to raise have been discussed. If this is confirmed the student, their representative and the School/Programme representative will be asked to leave the meeting.

5.11 The Committee will then consider the information they have heard to reach a decision. If more information is required from any party then all parties will be invited back in to the room while this is discussed and will leave again when the Committee resumes their consideration of the case.

5.12 If the Committee cannot agree on an outcome, a majority decision will be accepted. If no outcome can be agreed, the meeting will be adjourned to allow for further investigation. If this is the case, the student will be kept informed of the next steps and relevant timescales. The additional investigation should be concluded as quickly as possible.

5.13 The outcome of the meeting would normally be given verbally on the day of the meeting, with a full written outcome provided within 10 calendar days. In exceptional circumstances, if it is not possible to give the outcome on the day, the outcome letter must be provided in 7 calendar days.

5.14 The outcome letter must contain an accurate record of the discussions held at the Committee and the resulting outcome. The outcome letter will stand as the record of the meeting (i.e. there will be no separate minutes recorded) and so should be sufficiently detailed. A clear rationale for the Committee’s decision must be provided and must include details of what other possible outcomes were considered and the rationale for not applying them.

5.15 If conditions are placed on the student, these should be explained fully with clear information on how their completion will be assessed and a timescale for completion given. The letter should also give the student details on their right of appeal, how to do this and the deadline for submission.

6. ROLES AND RESPONSIBILITIES OF ATTENDEES AT THE UNIVERSITY FITNESS TO

PRACTISE COMMITTEE MEETING

6.1 The Chair

i. is responsible for overseeing the proceedings of the meeting and coordinating the Committee meeting. ii. is responsible for communicating the decision made on the professional advice of the members of the Committee. iii. may vary the procedure of the meeting if deemed necessary and after consulting with all parties.

on an aspect of their behaviour or practise, reporting to a member of the programme team to help them to learn from the situation to avoid a repeat incident.

The terms and duration of the required advice and guidance will be communicated to the student as part of the outcome letter. The setting of conditions means that the Fitness to Practise process is not completed. Should the conditions not be met, the case may be referred back to the University Fitness to Practise Committee which could lead to further investigation and a different outcome. This will be made clear in the outcome letter. The student may be required to meet with the Committee again prior to confirmation that the conditions have been fulfilled.

7.4 Allow the student to continue with the programme under close supervision

This means that the student will be allowed to continue their studies with a requirement for close supervision by either a member of the programme team or a nominated professional (e.g. a supervisor at a placement provider).

The terms and duration of the supervision will be set out in the outcome letter. The setting of conditions means that the Fitness to Practise process is not completed. Should the supervisor become concerned about the student’s progress or the student not engage with the required supervision, the case may be referred back to the University Fitness to Practise Committee which could lead to a further investigation and a different outcome. This will be made clear in the outcome letter. The student may be required to meet with the Committee again prior to confirmation that the conditions have been fulfilled being given.

7.5 Suspend the studies of the student for a specified time

This means that the student’s studies will not be terminated and they may be allowed to return to the programme in the future but the Committee believes they require a break for a period of time before this happens. The Committee may impose conditions upon the student’s return for example, requiring an Occupational Health assessment is undertaken before they are allowed to return to the programme. Any conditions will be explained in the outcome letter. The student may be required to meet with the Committee again prior to their return to the programme.

7.6 Require the student be reassessed in a specified part or parts of the programme

This means that the Committee requires the student to undertake re-assessment of specific aspects of the programme. The details will be explained clearly in the outcome letter as some PSRB requirements may limit re-assessment options available. This outcome may also be unavailable if the student has already repeated some aspects of the programme. These factors will be taken into account when the outcome is agreed. The student may be required to meet with the Committee again following the re-assessment.

7.7 Require any other appropriate action to support the student’s continuation on the programme

This outcome covers any other actions the Committee may wish the student to complete to allow them to return to the programme. It could include a referral for an Occupational Health assessment, a requirement to complete additional training (e.g., an e-learning package or study skills development) or any other reasonable actions, relevant to the issues that have been raised by the case.

The requirements and any associated timescales will be detailed in the outcome letter. Should the requirements not be satisfied or if further relevant concerns arise, the case may

be referred back to the Committee which could lead to further investigation and a different outcome. The student may be required to meet with the Committee again prior to their return to the programme.

7.8 Require that the student’s studies on a programme leading to a professional qualification be terminated but permit registration for an alternative academic qualification if such a programme of study is available

This means that the student will not be permitted to return to the programme as the Committee have determined, based on the evidence presented, the student is not fit to be admitted to or to practise the relevant profession.

This outcome would apply in cases where, although the student is deemed unsuitable to complete a professional programme, they may be eligible to study on a different programme (without professional accreditation) within the University. Where this outcome is applied, alternative programmes will be discussed with the student outside the meeting, however, if a suitable alternative is not found, the student’s studies will be terminated. Usually, they will be able to keep the credits already awarded (if any) at the point of termination of studies including an exit award if applicable.

7.9 Require that the student’s studies be terminated

This means that the Committee have found the case against the student proven and the evidence presented confirms the student is not fit to be admitted to or to practise the relevant profession. Their studies will be terminated with immediate effect. Usually, they will be able to keep the credits already awarded (if any) at the point studies were terminated including an exit award if applicable.

7.10 Permit a combination of the above

Where one or more outcomes are combined, the details will be set out clearly in the outcome letter and the student will be advised of any relevant timescales they need to comply with. Should any conditions or requirements set not be satisfied or if further relevant concerns arise, the case may be referred back to the Committee which could lead to further investigation and a different outcome. The student may be required to meet with the Committee again before it can be confirmed the conditions or requirements have been met.

8. FITNESS TO PRACTISE APPEALS

8.1 In some cases a student may be eligible to appeal the decision of the University Fitness to Practise Committee.

8.2 To be eligible for appeal, the student must meet one of the following grounds:

i. Procedural irregularity in the conduct of the case;

A procedural irregularity means that the University has not applied its procedures or Regulations correctly or consistently.

In order to establish a case on the grounds of procedural irregularity, the student must present details of the procedural irregularity that occurred, supported by evidence where possible.

ii. Evidence which could not have been presented at the time of the original hearing.