G - Student Health - Procedure for Assessment of Fitness to Study on the Grounds of Health and Safety (Post Entry)
Procedure for Cornwall Campus
This procedure is intended to be used as an alternative to any disciplinary procedure where there is sufficient concern that a student’s behaviour resulting in a possible disciplinary response could be as a result of disability, ill health or have an impact on the health & safety of the student or other people. Any decisions made on a student’s fitness to study will be made through a collective process of consideration of the ability to study, learn and graduate. Academic and support staff may initiate use of the procedure if concern for the student is sufficient. It may be that there are similar concerns in other sections of the University community that may be collected together by use of this process. It is important that all those sections of the University with whom the student is in regular interaction (particularly schools and accommodation) are kept fully informed of the outcome of these processes, whilst keeping in mind the legitimate concerns around confidentiality, data protection and professional guidelines. Consultation with Head of Subject in Cornwall / Line Manager would be recommended.
Staff should be aware of other support services in the University to which students may be signposted if it is felt this may be of benefit in advance of any procedure being initiated. The advice available in the Guidance on Supporting Students and Staff Experiencing Mental Health Difficulties and ‘Dealing with Distressed Students’ policy will be useful as will knowledge of:
- The Student Counselling Service
- Chaplaincy
- The FXU Advice Unit
- Accessibility Service
- ASK Academic Skills
- Student Health provision
The procedure has three levels, based on the perceived level of risk to the Health and Safety of the student or others posed by the behaviour or health of a student caused by ill-health or disability. The cause for concern can result in entering the procedure at any of the 3 levels, stay at a level or can progress through the levels should the cause for concern not be remedied by recommended and agreed actions resulting from a meeting at Level 1 or 2.
Staff who have any level of concern about a student’s health or behaviour should consider use of this procedure. If there is a concern of this nature, it is appropriate to explore the students’ behaviour / health and agree supportive action rather than enter into a disciplinary procedure. If staff are unsure about whether to implement this procedure, they can seek advice and discuss their concerns, anonymously and in general terms with the Accommodation and Welfare Manager (TCS), the Accessibility Service Manager (TCS) or the Student Counselling Service.
Concerns about a student’s health/behaviour should be acted on promptly. If there is any level of concern, staff should discuss this with support services and consider implementing Level 1 of the procedure. Early intervention in student health/behaviour and recommendations for support can avoid a crisis situation.
Instances where it may be appropriate to use Fitness to Study include, but are not limited to:
- There may be a number of third party reports about a student, from departments in the University or from friends of a particular student. These again may be an indication that there is a need to address.
- A student has not engaged with study for a period of time without reason given. Absence may be a cause for concern, and staff should be aware of the well being of students who are on programmes of study at the University as absence is often an indication that there is a possible need to address.
- There is concern about how well a student may manage their learning experience on a year abroad / placement / field trip. Students may have been receiving support and staff may be concerned as to how well a student may cope in an unusual environment even when support issues have been addressed.
| 1 | Level 1 |
| 1.1 | Emerging concerns about an individual’s health and safety and ability to study e.g. significant deterioration in health, appearance, attitude and/or behaviour might require a response from the University. |
| 1.2 | A member of staff with primary responsibility (e.g. Personal Tutor, Supervisor, Living Support Co-ordinator) should in the first instance approach the student in a sympathetic and understanding way and indicate that that there are concerns about fitness to study and that a concern has been registered by use of this procedure. |
| 1.3 | The nature of the concerns should be clearly identified and, if appropriate, information should be provided about sources of professional support and advice available within the University. It should be made clear to the student that it is his/her responsibility to be fit to study and that there is a recognised concern about this within the University. |
| 1.4 | The student and the member of staff involved should agree on a date when they will meet to review the situation and discuss what is being done to address the concern about fitness to study. This discussion should be recorded and communicated to the student. |
| 1.5 | A record of the discussion should be sent to the student no more than 5 working days after the meeting has taken place. A copy of this should be sent to the Head of Subject in Cornwall and the Assistant Director, Cornwall Campus. For Combined Honours students, the record should be sent to both schools; for Flexible Single Honours students the Director of Flexible Single Honours should also be informed. For students in University Accommodation, the Living Support Co-ordinator should also be informed. |
| 1.6 | The student should be informed that continuation of the same or any additional cause for concern could result in their fitness to study being more widely considered by moving to the next level, Level 2. |
| 1.7 | Any records of meetings held at this level should be held locally and for the academic year in which they took place. |
| 2 | Level 2 |
| 2.1 | Continued/Initial concern about an individual’s health and safety and ability to study that is a significant deterioration in health, appearance, attitude and/or behaviour might require a response further/initial response from the University and should be seen as a Level 2 case under the procedure. |
| 2.2 | The student will need to be invited to attend a meeting with the Head of Subject in Cornwall or Living Support Co-ordinator (TCS). The student should be informed of the purpose of the meeting and advised of any documents they may need to bring. The student may be accompanied at the meeting by a FXU representative or a member of University of Exeter / TCS staff acting in a supportive capacity. Disabled students may also be accompanied by a support worker (e.g. sign language interpreter or mental health worker/disability adviser) as appropriate to their needs. |
| 2.3 | The purpose of the meeting will be to ascertain the student’s perception of the issue/s identified. A clear, written statement from the member of staff calling the meeting should be sent to the student, at least 48 hours before the meeting. |
| 2.4 | During the meeting, it is important to identify and agree with the student an action plan to observe following the meeting. The consequences, if any, (a) of not keeping to the agreed actions, or (b) continuation of the causes for concern, must be clearly outlined to the student. A record of the meeting, recording actions agreed, must be made with a copy sent to the student no more than 5 days after the meeting and with a copy kept on file. Regular review meetings with students should be arranged with a School contact (typically Personal Tutor) to ensure that support for study is effective. |
| 2.5 | A report of the meeting and its outcomes will be recorded by the Head of Subject in Cornwall or Living Support Co-ordinator, and copied to the Accommodation and Welfare Manager, the Assistant Director Cornwall Campus, and Head of Subject in Cornwall or Living Support Co-ordinator (if the student is in University Accommodation). |
| 3 | Level 3 |
| 3.1 | Serious or persistent concerns about an individual’s health and safety and ability to study, personal circumstances or behaviour that have not been resolved via Level 2 will cause Level 3 to be initiated. Initial concerns that a student’s behaviour, caused by ill-health or disability, may pose a significant threat to the health and safety of the student or others can lead to Level 3 being initiated without reference to Levels 1 & 2. |
| 3.2 | An urgent call to the Accommodation and Welfare Manager, Assistant Director, Cornwall Campus and/or Security as appropriate will probably result in a Level 3 consideration of the circumstances. |
| 3.3 | A case conference will be called by the Assistant Director, Cornwall Campus in conjunction with the Accommodation and Welfare Manager, to discuss the most appropriate course of action. |
| 3.4 | The case conference, chaired by the Assistant Director, Cornwall Campus in conjunction with the Accommodation and Welfare Manager, or his/her representative, will include representatives from the Academic School, FXU , Student Counselling Service, the Accessibility Service, Living Support Co-ordinator and other relevant support services/staff as appropriate. The Administrative Officer from the ASU will also attend to advise the meeting of academic regulations with regard to ensuring that appropriate decisions are made concerning the student’s academic progress. |
| 3.5 | The student will also be invited to attend and may be accompanied by a member of the FXU or a member of University staff acting in a supportive capacity. |
| 3.6 | Invitations to the case conference should be delivered at least 48 hours in advance of the meeting and include a request that attendance should be notified to the University. |
| 3.7 | The contribution of representatives will be subject to Data Protection legislation and/or professional codes of confidentiality (e.g. for medical/counselling staff). |
| 3.8 | The case conference may consider various options, including part-time study with support, a period of interruption or a recommendation for withdrawal of the student. |
| 3.9 | The actions arising out of the conference will be agreed, documented and circulated to all in attendance and to the student, if not in attendance. All actions should have specific timeframes where appropriate and adherence to such timeframes will be a condition of any re-entry to programmes of study. These will be reviewed by the Assistant Director, Cornwall Campus in conjunction with the Accommodation and Welfare Manager. |
| 3.10 | A letter will be written to the student by the Administrative Officer within 48 hours of the meeting to confirm agreed outcomes/actions. The letter should be sent by registered mail to all addresses held by the University for the student. |
| 3.11 | If withdrawal is the outcome, it must be reported by the Vice-Chancellor to the next Senate meeting. |
| 3.12 | Any interruption of study will be subject to review by the Assistant Director, Cornwall Campus in the light of developments with reports as appropriate to the Vice-Chancellor. Any written representations made by the student or someone acting on his/her behalf will be made to the Assistant Director, Cornwall Campus. |
| 3.13 | Such a review will include consideration of medical evidence from the individual’s medical practitioner. |
| 3.14 | A letter outlining the decisions of the review should be written by the Assistant Director, Cornwall Campus and sent to the student by recorded delivery mail. A copy will kept by the University. |
| 4 | Returning to Study |
| 4.1 | Students should be informed of the purpose of the procedure and the responsibilities on the part of the University and themselves on facilitating effective return to study. |
| 4.2 | Each student’s case will depend upon the specific circumstances and context out of which the concern initially arose but in all cases return to study will be dependent upon satisfactory medical evidence of fitness to study and the provision of information about appropriate support services with a recommendation of the benefit of continuing to study with support. Evidence submitted should be from a recognised health professional who has sufficient knowledge of the student to be able to make an informed statement of wellbeing. Specific reference should be made to the student’s renewed ability to manage the demands of studying at university. |
| 4.3 | The decision to permit return to study will be made by the Assistant Director, Cornwall Campus in conjunction with the Accommodation and Welfare Manager who will be satisfied of fitness to study, compliance with any conditions imposed, compliance with academic regulations and availability of support upon return. |
| 4.4 | Fitness to Study is an ongoing responsibility of the University and the student and will be considered throughout the remaining period of study to ensure that students study with support to enable them to succeed and for staff to have an agreed context in which to work with the student. Regular review meetings with students should be arranged with a school contact to ensure that support for study is effective. |
| 5 | Review |
| 5.1 | A student may appeal for a review of a level 3 decision. The procedure for review is attached as Annex A. There are no other University review procedures beyond those stages detailed above. If in the opinion of a student an appeal remains unresolved after the exhaustion of the appropriate processes, application may be made to the Office of the Independent Adjudicator for Higher Education. |
ANNEX A
Procedures Relating to Student Fitness to Study Reviews
Fitness to study review panel: Procedure
| 1 | Introduction |
| 1.1 | A student may appeal to a (non-standing) Review of Fitness to Study Panel against a decision reached at Level 3. Students should note that a request for review of a decision at Level 3 will only be accepted if there is evidence of procedural irregularity, bias or failure to reach a reasonable decision in handling the appeal process, or if the student submits further material circumstances which could not reasonably have been expected to have been submitted for consideration by the Level 3 hearing panel. |
| 1.2 | Students should lodge any request for review with the Director of Academic Services by submitting a written statement detailing the grounds for request (see paragraph 1.1) within 10 working days of being notified of a decision at Level 3. |
| 1.3 | The Director of Academic Services or nominated representative will establish, in consultation with the Dean of the Faculty to which the student belongs, whether there is a prima facie case for considering the case before a Review of Fitness to Study Panel. If no prima facie grounds for review are found, the Director of Academic Services or representative shall dismiss the request, informing the student in writing of the reasons for doing so. If it is decided that there is a prima facie case for a review, a Review of Fitness to Study Panel shall be convened. |
| 2 | Membership of the Panel |
| 2.1 | A Review of Fitness to Study Panel shall be chaired by a Dean of Faculty past or present, and also comprise a member of the Senate and a student officer of the FXU. No member of the panel will have previously been associated with the complaint. |
| 2.2 | The Secretary of the Panel shall be a member of Professional Services. |
| 3 | Attendance at Meetings |
| 3.1 | The appellant shall be informed of the date of the meeting of the Review of Fitness to Study Panel not less than 10 working days in advance. He/she may choose to appear before the Panel but the Panel may also hear a case, by mutual agreement, in the absence of the appellant. The student may be accompanied by a member of the University or partner institution (whose name must be notified to the secretary of the Panel in advance of the meeting). Proxies for appellants shall not normally be allowed. |
| 3.2 | The Panel shall call the Head of Subject in Cornwall or academic unit (or appropriate representative) and shall be empowered to call other members of the University or partner institution and to consider written comment by the Chair of the Level 3 hearing panel made during the Fitness to Study process or in response to a direct enquiry by the Panel. |
| 4 | Documentation |
| 4.1 | Documentation in support of the request for review shall be circulated to the Review of Fitness to Study Panel and to the appellant not less than five working days before the meeting. |
| 4.2 | Such documentation will normally comprise the documentation and papers germane to the earlier consideration during the fitness to study considerations and the reasons of the Director of Academic Services and Dean for referring the case to the Panel. |
| 5 | Procedure at Meetings |
| 5.1 | The meeting will commence with private discussions within the Review of Fitness to Study Panel to clarify matters of process. |
| 5.2 | The appellant, and any accompanying person, will be called to appear before the Panel and the proceedings will continue as follows: (a) A statement will be requested from the appellant about the case; (b) The Panel will question the appellant. A person accompanying the appellant may be heard by the Panel subject to the appellant's approval. Appellant and Head of Subject in Cornwall are entitled to attend throughout the duration of the review hearing. |
| 5.3 | The Panel will then interview in turn:
|
| 5.4 | The Panel shall require the student and the Head of Subject in Cornwall or representative concerned to withdraw while it reaches its decision. |
| 5.5 | The Panel, having considered the evidence, may uphold or reject the request for review, such a decision being final and exhausting the University’s Fitness to Study consideration procedures. |
| 6 | Report |
| 6.1 | The Review of Fitness to Study Panel shall minute its deliberations and decisions and submit a report to the Senate. If the Panel report includes a recommendation requiring action before the next meeting of the Senate, it shall be for the Vice-Chancellor to authorise action and then report to the Senate retrospectively. Such action may include, but it is not restricted to, the following: |
| (a) to refer the case back to the Level 3 case conference for reconsideration. | |
| (b) to appoint a new Level 3 case conference to consider the case afresh; | |
| (c) to annul a decision of the Level 3 case conference and substitute it with an alternative decision (which may be recommended by the Review of Fitness to Study Panel) approved by the Senate (or Vice-Chancellor acting on its behalf), where circumstances make it appropriate for it so to do. | |
| 6.2 | The Secretary of the Panel shall notify the appellant in writing of the Panel’s decision, giving the reasons for it, within five working days of the meeting. The appellant shall also be sent a copy of the Panel’s report to Senate. |
