F - Fitness to Practise Procedures
1 | Introduction |
1.1 | The University recognises that in conferring appropriate academic qualifications, where these lead to a professional qualification, admission to a professional body and/or statutory registration, it must be satisfied that the student will be a safe and suitable entrant to the given profession. |
1.2 | Students themselves on programmes leading to professional qualifications should also acknowledge that it is in their interests not to proceed into a career for which they may not be well suited or for which a professional body may not register them. |
1.3 | In order to discharge these responsibilities, the University has adopted the following procedures specific to registered students following a programme of study that leads to such a professional qualification and admission to a professional body. In the case of students registered with the Peninsula College of Medicine and Dentistry, other procedures apply. |
1.4 | These procedures will be taken into account in the admission of students to such programmes and in the design and approval of new programmes leading to professional qualifications. |
2 | Programmes within the Procedures |
2.1 | The programmes subject to these procedures are listed in Annex 1. |
2.2 | Notification of programmes subject to these procedures should be clearly indicated within School publications (both paper and web-based) relating to those programmes, including:
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3 | Principles relating to Student Behaviour |
3.1 | In the context of these procedures, students should understand that the successful completion of a programme leading to admission to a professional body requires adherence to both the requirements of that body and of these procedures. |
3.2 | Students shall behave in a manner appropriate to the Regulations and procedures of the University and to the code of conduct (or equivalent) of the relevant professional body. |
3.3 | Students shall at all times act in the best interests of their patients, service users, staff and other students, and conduct themselves in a professional manner. |
3.4 | Students shall report to the appropriate authority and to the College actions by others that may put students, staff, patients and other service users at risk. Failure so to report could lead to disciplinary action against such a student. Persons making disclosures must identify themselves. |
3.5 | Where not subject to a Criminal Records Bureau check by the University prior to admission, students whose programmes fall under these procedures must disclose any criminal convictions (including spent convictions) to the University before entering the programme. Subsequently, any student within these procedures must disclose such a conviction if it occurs while the student remains registered. Students will be provided with guidance about the consequences for registration within the profession concerned. If a student fails to disclose such information and it subsequently comes to light, the student will be referred to a Fitness to Practise Board (see below). Enquiries to the Criminal Records Bureau, both before and after admission, will be managed through the University’s Student Recruitment and Admissions Office except where student contract arrangements already place responsibility for such enquiries on a students employing trust. |
4 | Principles relating to Student Health |
4.1 | Students should understand that physical or mental health reasons may be a cause for their being deemed to be unfit to practise, a consequence of which could be that it would not be possible for them to complete a programme listed in Annex 1. |
4.2 | Students may be required as a condition of admission to a programme to complete a declaration of health questionnaire, to demonstrate that at the time they meet the health requirements of the profession for which successful completion of the programme could lead to registration. It is required that they inform the University about any condition for which reasonable additional provision may have to be made in programme arrangements. |
4.3 | A student whose health deteriorates during their studies should consult one of the University's Medical Officers and/or the relevant professional body for advice about any implications for continuing training or for pursuing their intended professional career. Students should inform their School of any changes in their health which could affect their fitness to practise, and subsequent discussions between student and College will determine if in the view of the latter consideration may have to be given to a termination of studies. |
4.4 | Except in cases where students acknowledge and accept that their health problems mean that their programmes should be terminated and have provided medical evidence from their general practitioner, and have had the opportunity to discuss their health problems with one of the University Medical Officers if they wish to do so, any registered student for whom termination of studies as being unfit to practise is being considered by the College on health grounds shall be referred by the College to a specialist occupational health physician or other medical adviser selected by the College but having no permanent contractual connection with the University. Any consultation fee shall be met by the College. The student will be required to attend any consultation considered necessary by the occupational health physician or medical adviser. Should the student wish to consult an adviser other than the one selected by the College, any fees incurred shall be borne by the student. The College shall use the subsequent report as the basis for a discussion with the student ahead of any recommendation relating to termination of studies. |
4.5 | In the case of behaviour associated with diagnosed or suspected mental illness, or from addiction, these procedures shall only be invoked if medical and counselling interventions have not successfully addressed the behaviour or if the student has refused such interventions. |
4.6 | Failure by a student to disclose relevant medical information and providing false information will normally lead to the termination by the University of the students studies. |
5 | Academic Failure |
5.1 | Students should understand that academic failure during their programmes, including placements, may lead to the termination of their registration on a programme for a professional qualification normally allowing admission to a professional body and/or statutory registration. |
6 | Information for Students |
6.1 | In the case of any programme that requires staff to make a judgement on fitness to practise, students must be made aware by a College that the University will be required to make such a judgement. In addition, students must be informed by their College of the standards of academic performance, health, behaviour, attitude and attendance expected of them for such a declaration of fitness to practise to be made. In this context, a College must inform students of a profession's own fitness to practise standards which will contribute to the declaration by the University. Such information should normally be contained within a programme handbook. |
6.2 | Students registered for programmes subject to these procedures may be treated differently to other students of the University if their actions call into question their professional competence. |
6.3 | In formally registering on programmes subject to these procedures, students are expected to accept the force of the procedures. It is therefore important that as part of the induction process, Colleges should notify new students on a programme leading to a professional qualification of the existence of these procedures. (See also 2.2. above.) Returning students should be so reminded annually. |
7 | Breaches of the Procedures |
7.1 | College Stage |
7.1.1 | Where, following a report by staff or students, a College Dean believes that a case has arisen that warrants the application of these procedures, the student concerned will be interviewed by the Head to advise the student of the concerns raised and how they fall below the professional expectations of those taking a particular programme. The student should be provided with evidence of the issues of concern before or during the meeting. The evidence should be verifiable and not based on hearsay. |
7.1.2 | A student attending such a meeting may be accompanied by a person who should normally be a member of the University. |
7.1.3 | The outcome of the meeting should be such that the student is clear on the nature of the concerns, why they have been raised and what the University expects as a result. There should be an action plan, to include follow-up meetings and monitoring if appropriate. |
7.1.4 | The meeting should be minuted by the College and the student sent in writing details of the full outcome. |
7.1.5 | Should the case involve an allegation of a case of abuse or other misdemeanour that, in the opinion of the College Dean, is so serious as to threaten the safety of others, the College Dean may seek the approval of the Vice-Chancellor for an immediate temporary suspension of the student's studies. |
7.2 | University Stage |
7.2.1 | If the College Dean concludes that a breach of procedure is so serious that the consequences could potentially lead to a termination of studies or other penalty beyond the College's powers, the case shall be referred to the Academic Registrar for the attention of a University Fitness to Practise Board. If a student does not accept the outcome of the College stage of this process, then the case shall likewise be referred. |
7.2.2 |
A University Fitness to Practise Board shall comprise the following members: |
A present or past Deputy Vice-Chancellor of the University, who shall act as Chair; A member of the Senate of the University; An academic member of staff teaching a discipline (other than that of the student before the Board) leading to an award of the University and to a professional qualification; A senior representative of the profession to which the programme for which the student is registered may lead to admission, who has had no previous connection with the student (including his or her placements of study); A representative nominated by the Students' Guild. |
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No member shall have previously been associated with the case or be a member of the College(s) concerned. | |
7.2.3 | The Fitness to Practise Board may impose one or more of the following penalties:
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8 | Appeal |
8.1 | A student incurring a penalty imposed or recommended by a Fitness to Practise Board who considers it to be unfair or excessive has the right to appeal against it. Appeals against such penalties must be submitted in writing to the Registrar and Secretary within seven working days, and will be heard by a Fitness to Practise Appeal Board. |
8.2 | The membership of a Fitness to Practise Appeal Board shall comprise: |
A member of the University Council, not a member of the University's staff, who shall act as Chair; A member of the Senate of the University; An academic member of staff teaching a discipline leading to an award of the University and to a professional qualification; A senior representative of the profession to which the programme for which the student is registered may lead to admission, who has had no previous connection with the student (including his or her placements of study); One representative nominated by the Guild of Students. |
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No member shall have previously been associated with the case or be a member of the School(s) concerned. | |
8.3 | The Appeal Board shall have powers to confirm, increase, reduce or quash the penalty or penalties originally imposed, or to recommend to the Vice-Chancellor permanent exclusion from the University. |
8.4 | The decision of the Fitness to Practise Appeal Board shall be final and there shall be no further right of appeal. |
9 | Reports on Proceedings |
9.1 | All penalties imposed under these procedures shall be reported to the Registrar and Secretary. |
9.2 | The proceedings of all Fitness to Practise Boards and Appeal Boards shall be reported to the Senate. A copy of any such report will be made available to the student involved and to the College concerned. |
9.3 | Records of penalties imposed on students will be included on their personal files held by the University. |
10 | Hearings of Boards |
10.1 | Hearings of Fitness to Practise Boards and Appeal Boards will be governed by procedures approved by the Senate (see Annex 2). |