Calendar 2015/16

University of Exeter Policy and Procedures for Fitness to Practise(FtP)

ANNEX 1: Registration Bodies linked to University of Exeter Programmes

ANNEX 2: Responsible Person - role description and person specification
Role description
Person specification

ANNEX 3: Investigating Officer – role description
Role description
Person specification

ANNEX 4: Procedures for the Temporary Suspension of a Student in connection with Fitness to Practise
Power to recommend the temporary suspension of a Student while a Fitness to Practise investigation is being undertaken
Appeal against a temporary suspension

Glossary of Terms and Definitions

Burden of Proof	The term Burden of Proof is used in this Policy and Procedures for Fitness to Practise to define where the responsibility rests for proving a case. So, for example, in Fitness to Practise hearings, it is for the University to show, on the balance of probabilities, that the unprofessional behaviour or conduct on the part of the Student that it has described for the Panel did take place AND that the unprofessional behaviour or conduct impaired the Student's Fitness to Practise AND the seriousness of that impairment. In a Fitness to Practise Appeal the Burden of Proof shifts to the Student, to show that the findings that the Fitness to Practise Panel reached should be set aside on one or more of the following grounds: because the Panel failed to follow the University's procedures (that is, this Policy and Procedures for Fitness to Practise and any other applicable Procedures); or because the Panel was biased or prejudiced against the Student. An appeal may also be granted where the Student is able to show that there is fresh evidence that was not available to the Fitness to Practise Panel that has since come to light and should be considered. See also "Standard of Proof"
Disclosure and Barring Service (DBS)	A body formed from the Criminal Records Bureau and the Independent Safeguarding Authority to carry out checks on individuals applying to work in specified occupations and/or places in order to establish whether an applicant, including an applicant to a Registration Body, has previous criminal convictions. The University has a duty to make a report to the DBS where a student is removed from a regulated activity as a result of concerns of risk of harm to children or vulnerable adults.
Fitness to Practise	For Programmes that are linked to one or more Registration Bodies in each case the University follows the definition of Fitness to Practise that the relevant Registration Body itself follows. They have in common an expectation that a Student following a Programme requiring registration with a Registration Body or where the successful completion of the programme enables them to apply to have their name entered on the Register of a Registration Body will, at all times, meet the University's requirements with respect to Professional behaviour and Conduct and those of the Registration Body. Senate, on the advice of the Faculties may designate a Programme that does meet this definition as a Programme to which this Policy and Procedures for Fitness to Practise will apply. See also "Professional Behaviour and Conduct", below.
Fitness to Study	The University's "Health, Wellbeing and Fitness to Study Procedure" describes Fitness to Study in terms of the Student's ability to attend, follow their course/programme of study, meet deadlines, succeed academically and participate in normal student life. This Procedure is normally invoked where there are "emerging concerns about a student's health, wellbeing and or behaviour and the impact this has on his/her ability to progress" at the University. For Students following Programmes that are linked to Registration Bodies or have been designated by the University to be subject to this Policy and Procedures for Fitness to Practise, the latter is the default Procedure for fitness to study, rather than the Health, Wellbeing and Fitness to Study Procedure.
Intercalation, Intercalated Studies	A period, usually of one year, in which a medical student can study a subject of their choice outside the programme for which they are registered, at either Bachelor’s or Master’s degree level. The University of Exeter normally locates Intercalated Studies between the fourth and fifth years of a Programme in Medicine. Studies during Intercalation may be undertaken at the University or at another University with which it has a formal agreement to facilitate such an arrangement.
Investigating Officer	A member of the University's academic or professional staff appointed by a Responsible Person (see below) to look into a Student's alleged unprofessional behaviour in connection with their Fitness to Practise. The Investigating Officer may be a Registrant of the relevant Registration Body where this is required by the Fitness to Practise Procedures agreed between the University and that Body
OH Professional	An accredited specialist in occupational medicine employed by the University of Exeter or by an independent contractor working on behalf of the University
Material Contact	When used in this Policy and Procedures with respect to an Investigating Officer, Responsible Person, member of a Fitness to Practise or Appeal Panel, "material Contact" means any connection or contact that could lead a reasonable observer to conclude that the Investigating Officer, Responsible Person, or Panel member (as relevant), had prior knowledge of the Student which could or would adversely affect their ability to conduct an impartial and fair investigation, or adversely affect the capacity of a Responsible Person or Panel member (in their different capacities) to consider the case or appeal, as relevant, to the detriment of the student.
Personal Sensitive Data and Information	In the context of this Policy and Procedures, data and information relating to physical or mental health, alleged or actual criminal offences and related proceedings, sexual life, religious or other beliefs of a similar nature.
Placement Setting	Any setting outside the University where the Student has been placed by the University as part of their Programme in agreement with the placement provider. Placement Settings will include but not be limited to schools and associated study centres; further and higher education colleges; hospital, clinical and laboratory settings; surgeries; consulting rooms and diagnostic facilities whether NHS or privately provided and/or managed.
Professionalism	See "Professional Behaviour and Conduct"
Professional Behaviour and Conduct	The standard of behaviour and conduct that is required of a Student following a University Programme that leads to eligibility for registration by a Registration Body may be published in a code of professional conduct. It will be consistent with the conduct required by the relevant profession, the employers of such professionals and those who provide clinical and other work placements for University students. It is behaviour and conduct that i) does not jeopardise or put at risk the welfare, well-being, or safety of others, including: pupils; patients; clients; persons at risk/vulnerable adults; members of the public; fellow students; co-workers; members of academic, professional or clinical staff ii) is consistent with professional norms of probity and trustworthiness; courtesy to all; effective working; respect for the autonomy and privacy of individuals and the confidentiality of communications with them. Students who are registered to study for an award that gives them eligibility to apply to a Registration Body for Registration are reminded when they apply, when they first register to study with the University and regularly thereafter, that they are required to exhibit Professional Behaviour and Conduct at all times.
Programme of research	A programme of supervised activities undertaken by a postgraduate student that enables them to prepare to be assessed for the award of a higher degree of the University. In the specific context of this Policy and Procedures for Fitness to Practise , it is a programme of activities that includes one or more periods of clinical professional or practice-based activity, in a setting that requires them to subscribe to this Policy and Procedures for Fitness to Practise or to equivalents agreed for that setting or settings. See below, "Programme".
Programme	The Student's Programme consists of the sum of the modules, courses, clinical and other learning opportunities that they follow to enable them to show that they have met the Learning Outcomes set for them and demonstrated the necessary skills to achieve the award for which they are studying. In the context of this Policy and Procedures for Fitness to Practise , the term "Programme" is to be understood to mean a Programme that is linked to a Registration Body or which the University has stated should be treated as if it is linked to a Registration Body. It is a Programme of activities that includes one or more periods of clinical, professional or practice-based activity in a setting that requires the Student to subscribe to this Policy and Procedures for Fitness to Practise or to equivalents agreed for that setting or settings. The term "Programme" as defined above should be read as also and equally referring to a Programme of Research that leads to a higher degree of the University and that includes time spent in a clinical or practice-based setting, other than when expressly stated.
Register	The record maintained by a Registration Body (see below) of persons it recognises as meeting its standards for training, professional skills, behaviour and health and fitness to practise.
Registration Body	A Registration Body is a Body that administers a Register where entry of a person's name on the Register is necessary to enable the person to practise in that profession or hold qualified status within that profession
Registrant	A person whose name is on the Register of a Registration Body or Bodies.
Regulated Activity	In the context of work with children and vulnerable adults including teaching, training and instruction of children, or providing personal or health care to children or adults, Regulated Activity is 'work that a barred person must not do'. See Safeguarding Vulnerable Groups Act, 2006.
Reporter	A person reporting a concern about the health, wellbeing, behaviour or conduct of a Student following a Programme that is linked to a Registration Body or a Programme that has been designated by the University to be subject to this Policy and Procedures for Fitness to Practise.
Responsible Person	A Responsible Person is a member of the academic or professional staff of the University who has been designated by a College, School or Faculty Dean to receive expressions of concern about the health and/or wellbeing of a Student that affects or may affect their Fitness to Practise and/or complaints about their Fitness to Practise and/or Professional Behaviour and Conduct. In the course of dealing with a Fitness to Practise matter the duties of the Responsible Person may be discharged by one individual or more than one, where that is necessary to ensure that the matter is handled in a timely manner, but the named Responsible Person has the duty of ensuring that the way that Fitness to Practise matters are handled is consistent with this Policy and Procedures for Fitness to Practise or any equivalent that has been approved by the University to apply for a particular Programme or Programmes. In this Policy and Procedures for Fitness to Practise the term "Responsible Person" is taken to include any professional or administrative assistants supporting the Responsible Person(s) in their work. A Responsible Person may be a Registrant of the Registration Body linked to a particular Programme where that is a requirement of the Registration Body. The name(s) of Responsible Persons for Fitness to Practise are published in the handbooks for relevant Programmes or their digital equivalents and publicised by the relevant School or College, as appropriate.
Senior Member of the University	For the purpose of this Policy and Procedures, a Senior Member of the University is defined as a member of the University's Senior Management Team, a Faculty, College or School Dean.
Standard of Proof	The term "Standard of Proof" is used in this Policy and Procedures to describe the level of certainty that a Fitness to Practise Panel and a Fitness to Practise Appeal Panel should seek in deciding whether the case against the student has been made out. It is that the Panel should be satisfied that the person or body on whom the Burden of Proof rests should have been able to show that it is more likely than not that the Student's fitness to practise is- or has been- impaired This is sometimes called the "standard of proof in civil cases" or otherwise "the balance of probabilities" In all cases where a Student's Fitness to Practise is at issue the Panel hearing the matter will be mindful of the likely consequences of their findings and/or recommendations for the individual and others, and will require the evidence that it hears to be particularly cogent in order to make its decisions.
Student	For the purpose of this Policy and Procedures, the term "Student" denotes a) a person who is registered with the University who is following a Programme that requires them to undertake a period of clinical and/or professional experience and that leads to entry on the Register of a Registration Body OR is following a Programme for which Senate, advised by the Faculties, has decided that this Policy and Procedures for Fitness to Practise will apply. b) a person who is studying, preparing for research, or conducting research at the University through an arrangement with other Universities on a Programme or in a research area where the University has stated that this Policy and Procedures for Fitness to Practise will apply.
Vulnerable adult/adult at risk	For the purposes of this Fitness to Practise Policy and Procedures the University recognises each of the above terms as co-equivalent in meaning. See also above, "Regulated Activity".

PART I: University Policy and Procedures for Fitness to Practise

The University's Fitness to Practise Policy
1	The University is committed to work closely with the professional, statutory and regulatory bodies and the Registration Bodies that are associated with its Programmes, including those Registration Bodies that accept successful University of Exeter students onto the Register they maintain.
2	In this document, when words and phrases are capitalised this usually denotes that they have been specially defined in the Glossary.
3	Where the University works with a Registration Body that requires it to follow specified procedures (including Fitness to Practise procedures) in order for that Body to be able to register successful University of Exeter Students, the University may approve and adopt the procedures specified by the Registration Body or agreed with it through the relevant College or School on behalf of the University.
4	The University recognises its responsibility to ensure that Students who come into contact with pupils, other children, vulnerable adults, patients, clients, other Students and the general public in the course of their studies or research, are Fit to Practise.
5	The University may, at its discretion, require that this Policy and Procedures for Fitness to Practise shall apply to a Programme that is not presently or in prospect of being linked to a Registration Body. Such a decision might be taken where the University, advised by its academic and professional staff and legal advisers, considers that Students following a Programme will be required to undertake school-based, clinical or other practice-based and work-based placements where their conduct needs to be governed by this Policy and Procedures "as if" the Programme is linked to a Registration Body and its requirements. When deciding whether to so designate a Programme, Senate will also determine the penalties to be applied when the Fitness to Practise of a Student following the Programme is found to be impaired in line with this Policy and Procedures. See below, paragraphs 10 and 145.
6	In cases where the fitness to practise procedures required by a Registration Body and these University of Exeter Policy and Procedures for Fitness to Practise differ, the University and the Registration Body will agree together how such differences are to be reconciled and record their decision.
7	The University acknowledges that from time to time the adoption of procedures prescribed by a Registration Body or agreed with it may give rise to minor inconsistencies in the way procedures (including Fitness to Practise procedures) are followed across its Colleges and Schools. It will take all reasonable steps to ensure that any such minor inconsistencies do not result in unfairness to Students and staff. The University is mindful, however, of the advantages for all members of the University of maintaining a close and trustful relationship with the Registration Bodies with which it works.
8	Where a College or School has previously agreed a Fitness to Practise Procedure with a Registration Body on behalf of the University or, subsequent to the adoption of this Policy and Procedures for Fitness to Practise, Senate has adopted or renewed such an agreement, the University will publish the name of the College or School and the Registration Body that are parties with the University to such an agreement in an Annex to this document or any successor, with a link to the agreed Procedure and a statement by Senate certifying that they are consistent with this Policy and Procedures for Fitness to Practise.
9	Where a College or School provides Programmes that are linked to a Registration Body that enable successful Students to apply for Registration by that Body, and the College or School, with the approval of the University, has not agreed a Fitness to Practise Procedure with that Body, the College or School will apply this Policy and Procedures for Fitness to Practise.
Scope of this Policy and Procedures for Fitness to Practise
10	This Policy and Procedures for Fitness to Practise applies where a Student is following a Programme that is linked to a Registration Body which includes practice-based training, clinical training, or experience that may entitle them to apply for entry onto the Register of a Registration Body. Where a Student following such a programme states that they do not intend to make such an application they are nonetheless required to follow the University's requirements for Fitness to Practise or to transfer to a cognate Programme that does not include clinical or practice-based elements (see also paragraph 5, above and paragraph 102).
*Fitness to Practise where Programmes of Studies are provided with other Universities*
11	In cases where the University is a participant in a taught Programme or a Programme of Research that includes one or more periods of clinical training or practice-based or professional experience that is provided in collaboration with one or more other universities, the formal agreement that governs the Programme specifies the fitness to practise procedures that will apply for Students following the Programme. Where the formal agreement for such a collaboratively provided Programme does not specify the procedures to be applied, this Policy and Procedures for Fitness to Practise will apply for such Students who are studying with the University of Exeter or under its supervision.
*Fitness to Practise in Intercalated Studies*
12	Where a Student takes the opportunity to engage in approved Intercalated Studies at another university or higher education provider (the "host") which has its own approved policy and procedures for fitness to practise, the Student is subject to the policy and procedures of the host institution for the duration of their Intercalated Studies.
13	Should the fitness to practise of a Student undertaking Intercalated Studies at another university or higher education provider be questioned by the host institution for whatever reason, it will notify the University via a Responsible Person. In such circumstances, the University will investigate the matter following this Policy and Procedures to determine whether the Student's Fitness to Practise is or has been impaired and how to deal with the matter.

Responsibilities of the University and Students for supporting Fitness to Practise

*Responsibilities of the University for supporting Fitness to Practise*
14	The University is responsible to Registration Bodies, other stakeholders (such as placement providers) and Students for having an up-to-date robust, effective and fair Policy and Procedures for Fitness to Practise, that takes as its priority ensuring the Fitness to Practise of Students who come into contact through their Programme with pupils, other children, patients, clients, vulnerable adults, other Students and the public, to ensure their safety and wellbeing. It does this by taking account of the advice and guidance of the various Registration Bodies that it works with and other relevant and appropriate sources of advice and guidance, such as the Office of the Independent Adjudicator for Higher Education.
15	The University has arrangements through its Colleges and Schools to establish and monitor the Fitness to Practise of Students registered to follow Programmes that include clinical or practice-based placements which, if successfully completed, confer eligibility to apply for registration by a Registration Body. It does this through publishing and implementing this Policy and Procedures for Fitness to Practise by approving any Fitness to Practise Policies and Procedures that it authorises its Schools and Colleges to make with Registration Bodies, and by monitoring and periodically reviewing the operation of its Policy and Procedures for Fitness to Practise. The University ensures that Colleges and Schools that provide Programmes that are linked to Registration Bodies have arrangements to train and support staff and student representatives in the operation of this Policy and Procedures for Fitness to Practise.
Responsibilities to applicants
16	The University has published a "Policy Statement on Fitness to Practise (Admissions Stage) Procedures" that lays out its responsibilities to ensure that applicants for Programmes that have Fitness to Practise requirements are aware of the University's own requirements and those of any relevant Registration Body with respect to Fitness to Practise, behaviour and conduct. Where relevant, the University also ensures that applicants and Students are aware that its Fitness to Practise requirements extend to social media.
17	The University has means through its Admissions Office to inform applicants for Programmes that are linked to Registration Bodies whether they are required to disclose any criminal convictions (including spent convictions) and whether they will be required to undergo checks by the Disclosure and Barring Service (DBS) prior to admission and registration. In all relevant cases, references to the DBS are managed for Colleges and Schools and their Programmes by the Admissions Office.
Responsibilities to Students
18	The University ensures that during their initial induction, and any subsequent refresher inductions, Students who have registered for Programmes that include school-based clinical or other practice-based placements and which are linked to Registration Bodies are introduced to the Fitness to Practise Procedures that apply to them reminded that any and all criminal convictions and cautions including those imposed while the Student is registered for their Programme must be notified to the University (see also paragraph 43) directed to this Policy and Procedures for Fitness to Practise and where they can find the name(s) and contact details for the Responsible Person(s) designated for their Programme, or College or School. (For "Responsible Persons" see below, paragraph 45.) made aware that the University's Fitness to Practise requirements extend to conduct at all times and outside the University, on placement and in social media.
Responsibilities to publicise its Policy and Procedures for Fitness to Practise
19	The University ensures that it has procedures for enabling academic, professional and support staff, staff in Placement Settings, Students, and members of the public to raise concerns that will help it to identify and deal with concerns about the Fitness to Practise of staff and Students and unlawful and/or harmful practice.
Monitoring the effectiveness of its Policy and Procedures for Fitness to Practise
20	The University gathers information annually from College or Schools on the operation of their approved Fitness to Practise arrangements so that it can report via the Faculties to Senate on their operation. The University also reports to the relevant Registration Bodies in accordance with their requirements and the agreements that it has reached with them through its Colleges and Schools.
21	Summaries of the reports of the University's periodic reviews of the overall effectiveness and currency of its Policy and Procedures for Fitness to Practise are submitted to the Faculties and Senate for information and action (if required) when the reviews are concluded.
*Responsibilities of Students*
22	Students who are following Programmes that include school-based, clinical or other practice-based placements linked to registration by a Registration Body have a duty at all times to maintain the standards of Professional Behaviour and Conduct required by the University and the Registration Body to which their Programme is linked.
23	Students following Programmes that are linked to Registration Bodies, or that are treated by the University as if they are linked to a Registration Body, are under a duty to report any concerns they may have about the behaviour or Fitness to Practise of another Student, a member of the University's staff, or a professional with whom they are working. Any such concerns are to be reported to the Responsible Person in their College or School who is identified in their programme handbook or an equivalent digital document (see below, paragraph 55).
24	Students following a University Programme that leads to eligibility for registration by a Registration Body are required by the University to ensure that their own health and wellbeing does not put themselves or others at risk, or compromise their own Fitness to Practise, and to report any concerns they may have about their own health and/or well-being to a Responsible Person
*Note: Fitness to Practise and Fitness to Study*
25	The University's definitions of "Fitness to Practise" and "Fitness to Study" are each stated in the Glossary.
26	Where a Student is following a Programme provided by a College or School that i) does not include school, clinical or other practice-based placements that bring them into contact with the public, including pupils and young persons, vulnerable adults/persons at risk¹, other students or staff and ii) does not, if successfully completed, confer eligibility to apply for registration by a Registration Body and there are emerging or present concerns about their health, wellbeing and or behaviour and the impact this has on his/her ability to progress with their studies at the University, the Health Wellbeing and Fitness to Study Procedure is followed.
27	Where a Student is following a Programme that is provided by a School or College which, if completed successfully, confers eligibility to apply for Registration by a Registration Body provided by a school or college that requires registration with a registration body during the training period or a Programme to which the University has decided this Policy and Procedures for Fitness to Practise shall apply and concerns about a Student's health, wellbeing and/or behaviour are reported to a Responsible Person by a Student or third party (including by a member of the public), such concerns will be investigated and dealt with under this Policy and Procedures for Fitness to Practise (or any equivalent adopted by the College and/or School and approved by the University).
*Students studying for a University award while employed by a body with its own fitness to practise policy and procedures*
28	Where a Student is registered to study with the University and is at the same time is in employment, and their employer has their own fitness to practise policy and procedure that the Student-employee is required to follow as a condition of their employment, the University and the employer will agree which policy and procedures apply to the Student when they are with the employer and at the University. Where the University and the employer have not reached such an agreement, this Policy and Procedures for Fitness to Practise will apply.
Student Support
*The Occupational Health Service, the Wellbeing Service and AccessAbility*
29	The University has arrangements to provide Occupational Health services to help and advise staff and students about all health matters including mental health. The University also provides a separate Wellbeing Service.
30	For Programmes that linked to Registration Bodies, applicants with disabilities are encouraged to contact the Admissions Team and AccessAbility, the University's dedicated service, when deciding whether to make an their application and what information to include.
31	Applicants with disabilities who are accepted by the University onto a Programme linked to a Registration Body are strongly encouraged to disclose their disabilities in order to ensure that they receive advice and the support to which they are entitled, for example, under the Equality Act, and so that adjustments can be made for disabilities to safeguard pupils, children, vulnerable adults and other Students and staff from harm. See http://www.exeter.ac.uk/accessability/prospective-students/
*Academic and pastoral support arrangements*
32	Colleges or Schools that provide Programmes linked to a Registration Body have arrangements to provide academic advice and guidance, whether through academic staff acting as personal tutors or professional staff working as part of a dedicated academic support service. Each College and/or School also has arrangements to refer students to the University's Wellbeing Services; additionally, some Colleges and Schools, for example, the Medical School, have augmented arrangements to provide Student support.
Students with disabilities and this Policy and Procedure for Fitness to Practise
33	For Students who have declared a disability which puts them at a disadvantage, the University will modify this Procedure where it is reasonable to do so.
Data protection and confidentiality
*Personal Sensitive Data and Information*
34	The University collects and holds Personal Sensitive Data and Information about Students who have registered to follow a Programme that is linked to a Registration Body and who are subject to the University's Policy and Procedures for Fitness to Practise. Personal Sensitive Data and Information is held by the University in accordance with its approved policies and procedures for data protection under the Data Protection Act (1998).
35	As part of their induction Students registering to follow a Programme that is linked to a Registration Body are helped to understand that the University may be required to share Personal Sensitive Data and Information with Registration Bodies and with bodies providing clinical and other practice-based placements, including NHS Trusts, schools, and like bodies, for the safety of pupils, vulnerable adults, patients and clients. When these matters have been explained the Student will be required to confirm in writing whether they consent to the sharing of their Personal Sensitive Data and Information between the University and the third parties exemplified above.
36	Students who are subject to this Policy and Procedures for Fitness to Practise are required to observe the requirements of the relevant Registration Body and/or placement provider and the University with respect to confidentiality and the non-disclosure of Personal Sensitive Data and Information about pupils, clients, patients, fellow students and staff, vulnerable adults, members of the public and others including when using social media.
37	The University limits access to a Student's Personal Sensitive Data and Information to those who require it to check statements made by the Student about their previous history and confirm their eligibility for Registration. Students should understand that the University's duties to protect pupils, patients, other students, staff members of the University, practitioners, and members of the public, from unprofessional behaviour by a Student may, in individual cases, require disclosure of Personal Sensitive Data and Information, over and above the circumstances referred to in this paragraph where it is reasonable to do so in the interests of ensuring such protection.
Health, Wellbeing and Fitness to Practise
38	The University and many Registration Bodies distinguish between disabilities and impairments where, with suitable and reasonable adjustments and planning, the Student can complete their studies and apply for Registration, and health concerns that raise concerns for the Student's Fitness to Practise. The latter may include failure on the part of the Student to recognise that they have a health problem to seek medical treatment or engage with recommended medical treatment to accept or employ the reasonable adjustments made for them to recognise the limits to their own abilities or that they lack insight into the circumstances of others a condition that is not amenable to treatment
Policy and Procedures for handling Fitness to Practise matters
39	The University handles concerns that are raised about the Fitness to Practise of Students and complaints about their conduct and behaviour through setting out the definitions of Professional Behaviour and "Professionalism" it requires Students following relevant Programmes to observe designating or appointing Responsible Persons to receive reports of concerns and complaints about the Fitness to Practise and Professional Behaviour of Students designating or appointing Investigating Officers to review reports of concerns and complaints about the Fitness to Practise and Professional Behaviour of Students on behalf of Responsible Persons setting out procedures to be followed by Responsible Persons in order to determine how to deal with reports about the Fitness to Practise and Professional Behaviour of Students made by Investigating Officers and whether to convene a Fitness to Practise Panel prescribing how Fitness to Practise Panels shall conduct hearings, how Students can question allegations that affect their Fitness to Practise, and the findings a Fitness to Practise Panel can reach providing means, through Fitness to Practise Appeal Panels for the Student to challenge the findings and recommendations of a Fitness to Practise Panel.
*Professionalism: Professional Behaviour and Conduct*
Definition of Professional Behaviour and Conduct (Professionalism)
40	Students following a University Programme that is linked to a Registration Body are required to adhere to the standard of behaviour and/or code of conduct that has been approved by the University and that may also have been agreed by it with the relevant Registration Body. The University's definition of Professional Behaviour and Conduct is set out in the Glossary.
41	Students following Programmes that are linked to a Registration Body, or which the University has stated should be treated as if they are linked to a Registration Body, are reminded that they are required to exhibit Professional Behaviour and Conduct at all times, including outside the University and when not studying.
42	For Students following Programmes linked to the GMC it has identified the following lapses from professional standards that would call Fitness to Practise into question: Criminal conviction or caution (for example: possession of child pornography; theft; possession of illegal substances; child abuse or any other abuse; or physical violence). Drug or alcohol misuse (for example: driving under the influence of drugs or alcohol; alcohol consumption affecting clinical work or the work environment; or dealing, possessing or misusing drugs) Aggressive, violent or threatening behaviour (for example: assault; physical violence; bullying; or abuse) Persistent inappropriate attitude or behaviour (for example: lack of commitment to work; neglect of administrative tasks; poor time management; non-attendance; poor communication skills; or failure to accept and follow educational advice. Academic misconduct (for example: cheating in examinations, logbooks or portfolios; collusion; plagiarism; personation and impersonation; altering marks or feedback; or the forging of a supervisor’s name) Dishonesty or fraud, including dishonesty outside the professional role (for example: falsifying research; financial fraud; production of fraudulent documents, including CVs; or misrepresentation of qualifications) Unprofessional behaviour or attitudes - e.g. breach of confidentiality; misleading patients about their care or treatment; culpable involvement in a failure to obtain proper consent from a patient; sexual, racial or other forms of harassment; inappropriate examination; failure to keep appropriate boundaries in behaviour; persistent rudeness to patients, colleagues or others; or unlawful discrimination. For Students following Programmes leading to Qualified Teacher Status (QTS), the Teachers' Standards, published by the Government, identify the standards for professional and personal conduct which they must uphold.
43	As noted in paragraph 18, Students following Programmes linked to Registration Bodies are required to bring to the attention of the University any criminal conviction or caution (whether spent or not), including convictions or cautions imposed throughout the period of their studies.
44	Where a Student is in any doubt about whether to bring matters to do with their behaviour or conduct to the attention of the University, they notify a Responsible Person as identified in their Programme information or Handbook or its digital equivalent.
*The Responsible Persons in Fitness to Practise matters*
45	In Fitness to Practise matters, the Responsible Person is a member of the University's academic, clinical, practitioner or professional staff who has been formally designated to act in that capacity by a College or School Dean or a Faculty Dean acting in their place. A role description and person specification for Responsible Persons is provided for illustrative purposes in ANNEX 2.
Appointment or designation of Responsible Persons
46	Responsible Persons are normally appointed or designated by the Dean of each College or School that provides Programmes linked to Registration Bodies. In the absence of the Dean or during an interregnum, a Faculty Dean may designate or appoint Responsible Persons.
47	Exceptionally, where the demands of dealing with a complex Fitness to Practise matter in a timely manner requires that more than one Responsible Person works on the case simultaneously, the University will facilitate this. In such a case the Responsible Person from the College or School to which the matter has been reported will take the lead.
Training for Responsible Persons
48	The University recognises that in assigning weighty duties to Responsible Persons there is a need for it to provide them with initial and refresher training and support for the role. The University also recognises that it needs to provide opportunities for Responsible Persons to meet others in the same role periodically, to share experience and good practice, and for Responsible Persons to meet Investigating Officers and professional staff supporting Fitness to Practise arrangements to be briefed on new developments and share information. Meetings between Responsible Persons and others involved in Fitness to Practise matters will be held at least annually.
Publishing the names and contact details for Responsible Persons
49	Colleges or Schools that provide programmes linked to Professional Bodies, or that have been designated by the University to follow this Policy and Procedures for Fitness to Practise, ensure that each year the name(s) of the Responsible Persons for Fitness to Practise matters for each College or School are published in the handbooks for relevant Programmes or their digital equivalents.
50	Colleges and Schools also ensure that this information is included in the guidance that is issued to those who provide and/or supervise school and practice-based placements, including clinical placements, and that the name of the Responsible Person for dealing with matters in connection with Fitness to Practise (including health and/or wellbeing matters) is prominently displayed on the intranet and/or Exeter Learning Environment (ELE) pages for the College or School and the Programme.
*The Investigating Officer in Fitness to Practise matters*
51	For the purpose of this Policy and Procedures for Fitness to Practise an "Investigating Officer" is a member of the academic or professional staff of the University, based in a College, School or centrally, who has been nominated by a Responsible Person to a College, School or Faculty Dean to the perform the role. A role description and person specification for an Investigating Officer is provided for illustrative purposes in ANNEX 3.
52	The Investigating Officer is normally an experienced member of the academic or professional staff of the University who is familiar with undertaking investigations, interviewing students and witnesses, and drawing up reports; they may also be a Registrant of the Registration Body to which the Programme is linked. To avoid the possibility of prejudice or bias, the Investigating Officer should not have had any Material Contact with the Student.
53	Exceptionally, where there appears to be the potential for a conflict of interest to compromise the demonstrable independence of the Investigating Officer, the Responsible Person may agree with the College or School Dean to appoint an Investigating Officer from outside the College or School or an Officer who is independent of the University, having made arrangements to ensure that such a person will have access to advice and guidance on the University's arrangements in order to perform their role.
Raising concerns about the Fitness to Practise of a Student
54	The University recognises that most Registration Bodies place a duty on all those associated with the Programmes that are linked to them (Students and staff) to monitor their own Fitness to Practise and report concerns. University also recognises that Registration Bodies place duties on Students following Programmes linked to them to report concerns about the health and/or wellbeing and or conduct of a fellow Student that may have implications for their Fitness to Practise. Where the College or School has approved provisions such as those of the Medical School for "Raising Concerns (Whistleblowing)" they will be drawn to the attention of Students in their induction and in any subsequent refresher inductions.
Reporting concerns about a Student's health, wellbeing, or conduct and their Fitness to Practise
Reporting concerns when the Student is at the University
55	Where a member of the University's academic, professional or support staff, another Student, placement providers, or those who come into contact with a Student have concerns about the health and/or wellbeing and/or conduct of the Student, they report those concerns to the University. Where the Student is in the University at the time the concerns are raised this is through the relevant Responsible Person.
56	At all points, the University, its staff and Students will be mindful of the need to give priority in applying this Policy and Procedures for Fitness to Practise to ensuring the safety and wellbeing of pupils, other children, patients, clients vulnerable adults and other Students (see above paragraph 14).
Reporting concerns when the Student is in a Placement Setting
57	When the Student is in a Placement Setting, and their health, wellbeing behaviour or conduct makes a pupil, client, patient, teacher, practitioner, clinician, or manager uneasy, or causes them to worry that their safety and wellbeing or that of others might be at risk, they must report their concerns.
58	Concerns about a Students behaviour or conduct in a Placement Setting may be raised and reported to the University through a trusted intermediary, such as a head teacher or their nominee in a school setting, or a clinician, registered practitioner or manager in a clinical setting; they will raise the matter with the designated contact with the University so that the concerns can be acted upon without delay and, where necessary, reported to a Responsible Person in the College or School (see below, paragraph 59). When making a report of concerns to a Responsible Person, this should be done in a responsible and professional manner and, to emphasise the point, as soon as cause for concern is evident.
59	For the Responsible Person to be able to deal with an expression of concerns about the Fitness to Practise of a Student they will need to receive a report of the concerns and their nature, whether in an email, a letter, or through a face-to-face meeting. The University refers to the person making such a report as the "Reporter". Where concerns are expressed through a face-to-face meeting it should be on the basis of notes previously made by the Reporter that set out in clear, honest and objective terms, the reason for the concern and that acknowledge where the Reporter may have any personal grievance or interest arising from the concern. Any written report of a concern should follow the same format. Where the Reporter is acting to convey information provided by another (such as a person or intermediary in a Practice Setting) they should state who has reported the concern and what steps have been taken to establish its substance.
60	The Reporter should keep a record of the concern they have raised (which might be the notes referred to above or from an initial conversation with a member of staff, a person in a Practice Setting, or their report to the Responsible Person); how it was expressed; to whom; and the date when it was conveyed. The Reporter should ask the Responsible Person to acknowledge, in writing or via email, that they have received the expression of concern.
61	The University confirms that the Reporter of a concern about a Student's health and wellbeing, their conduct and their Fitness to Practise is protected under the terms of the Public Interest Disclosure Act (1998) and (for relevant Programmes) the NHS Constitution (2012). The Reporter will not be subject to any penalty or detriment for reporting a concern in good faith; however, they should be aware that those who make reports that are found to be vexatious and/or malicious are not protected under the 1998 Act. Likewise, a Student reporting a concern about the Fitness to Practise of another Student will not be subject to penalty via the University's Disciplinary Procedures or this Policy and Procedures for Fitness to Practise.
62	In any investigation into a concern about a Student's health, wellbeing or conduct and behaviour, and their Fitness to Practise the Responsible Person and the University will treat the identity of the Reporter as confidential, insofar as that is consistent with the fair and effective investigation of the concern. The Reporter should be aware, however, that if there is subsequently a hearing into the matter of the concern they may be called as a witness or to give evidence.
*Anonymous reports of concern about the Fitness to Practise of a Student on grounds of their health or wellbeing*
63	The University will not act usually on anonymous reports about a Student's health, wellbeing or conduct and their Fitness to Practise.
Dealing with expressions of concern about a Student's Fitness to Practise
*Appointing an Investigating Officer*
64	When concerns about the health, wellbeing or conduct and behaviour of a Student following a programme linked to a Registration Body are reported to the Responsible Person they appoint an Investigating Officer, to gather information and report on the facts of the matter.
Temporary suspensions of Students when there are concerns about their Fitness to Practise
65	For Students in Placement Settings, the Responsible Person who receives an expression of concern about a Student's health, wellbeing or conduct will immediately consider whether the Student should be withdrawn from the Placement Setting and whether their temporary suspension from their Programme is necessary.
66	A "temporary suspension" in connection with Fitness to Practise is to ensure the safety and/or wellbeing of the Student, or that of others, to enable allegations in connection with Fitness to Practise to be properly investigated and to ensure the integrity of an investigation. The University's procedures for handling the temporary suspension of a Student in connection with Fitness to Practise are set out in ANNEX 4.
Informing the Student of an investigation
67	Having appointed an Investigating Officer the Responsible Person contacts the Student to inform them in writing that they have received an allegation of unprofessional behaviour on their part and that this is being investigated. In communicating with the Student the Responsible Person will state the nature of the alleged unprofessional behaviour or conduct the date(s) when it was alleged to have taken place the module code and title, where relevant the name of the Investigating Officer (in cases where a temporary suspension has been sought and granted the terms of the temporary suspension, including whether there are any places that the Student should not visit or persons they should not contact until after a determination has been made about the concerns by the Responsible Person or a Fitness to Practise Panel) a copy of the approved Policy and Procedures for Fitness to Practise that apply for the Student's Programme OR this Fitness to Practise Policy and Procedures as appropriate information on sources of advice and support available to the Student through the Advice Unit of the Students' Guild (in Cornwall, the FXU), together with a statement that sets out whether the Student may approach their personal tutor for advice or an equivalent academic advisory service for their Programme or College or School.
68	The communication from the Responsible Person will also ask the Student to notify them immediately where they have had any material academic or social contacts with the Investigating Officer and inform them when the Investigation will commence and when the Investigating Officer will submit their report: this will normally be as soon as possible and no later than 10 working days from their appointment as Investigating Officer.
*Investigating concerns about a Student's Fitness to Practise*
69	Following their appointment, the Investigating Officer enquires into the alleged unprofessional behaviour and/or conduct and gathers evidence: this may include documentary evidence, emails, social media, and statements and/or reports by persons able to comment at first hand on the alleged behaviour or conduct. The Investigating Officer may also interview persons who witnessed the alleged behaviour and/or conduct and can shed light on it or provide evidence of any extenuating circumstances. The Investigating Officer may use teleconferencing or videoconferencing for this purpose.
70	Persons making statements to the Investigating Officer about the alleged behaviour or conduct, or submitting reports about it will be alerted to the possibility that if the matter proceeds to a Fitness to Practise Panel their evidence may be put before that Panel, that they may be asked to attend a Panel hearing as a witness, and that they may be questioned by the Panel and the Student or the Student's Representative.
71	The Investigating Officer will also interview the Student who is the focus of the allegation(s) in all cases where this is possible, and may use teleconferencing or videoconferencing for this purpose. When interviewing a Student who is the subject of alleged unprofessional behaviour the Investigating Officer will inform the Student that they may be accompanied by registered student of the University as a friend, or a member of the Students' Guild Advice Unit, to support them as a non-participant observer. The Investigating Officer will themself be accompanied by a colleague from professional services to take notes (see below).
72	When conducting interviews including by teleconference or videoconference the Investigating Officer will ask the interviewee, in advance, for their permission to make an audio recording of the interview. Where the interviewee objects to an audio recording being made of the interview the Investigating Officer will arrange for the professional services colleague in attendance to take notes.
73	Where, in the course of their enquiries, the Investigating Officer comes to the view that more time will be needed to ensure that a fair and reliable report can be produced they will notify the Responsible Person immediately and state the revised date for the submission of their report, which should be no more than 15 working days from their appointment. The Responsible Person will notify the Student of the revised dates.
74	Where the Investigating Officer considers that the alleged unprofessional behaviour and/or unprofessional conduct, if shown to have taken place, would have serious consequences for the Student's Fitness to Practise they will be mindful that the evidence needed to demonstrate the unprofessional behaviour and/or unprofessional conduct will need to be particularly cogent and carefully and accurately presented.
Concerns about the health and wellbeing of a Student and their Fitness to Practise
75	Where the Investigating Officer's initial enquiries lead the Responsible Person to consider that the health or wellbeing of a Student may have impaired their Fitness to Practise they will refer the Student to an accredited Occupational Health Professional, (OH Professional) for screening and assessment. In making the referral the Responsible Person will ask the OH Professional to undertake and/or oversee investigations that will enable the compilation of a report to a Follow-up Meeting and any Fitness to Practise Panel that will be convened to assess whether and to what degree the Fitness to Practise of the Student is impaired.
76	A declaration by the Student or by a third party to a Responsible Person of specific functional impairments, or concerns relating to impairment of Fitness to Practise on health and wellbeing grounds, will usually require referral to an OH Professional or practitioners working under the clinical governance of specialist OH Professionals.
77	Refusal on the part of the Student to consent to an investigation and report by an OH Professional may be itself provide (additional) grounds for concern about the Student's Fitness to Practise
Investigations by an OH Professional
78	Depending on the nature of the condition being assessed, an investigation by an OH professional may involve: a) taking a full, relevant medical history; b) physical examination and functional assessment; c) full mental state examination; d) seeking targeted, specific medical evidence, with consent, from treating NHS doctors, Educational Psychologists or other specialists, to confirm diagnosis, severity, treatment and prognosis; e) referral for physical or psychiatric assessment by medical specialists without a therapeutic conflict of interest; and/ or f) reporting to the relevant School or College in a timely manner, in accordance with current data protection legislation and rules of medical confidentiality.
79	Where circumstances require, the OH Professional may write to a Student’s GP/Consultant for additional information. The Student’s consent will be required to allow this to be done. Should consent be refused, it may be necessary to suspend the Student from clinical or practice-based work, pending further investigation
80	Under this Policy and Procedures for Fitness to Practise, a Student who is required to attend an OH appointment will be asked to provide consent for a report to be made by the OH Professional, on the understanding that a draft copy of that report will be sent to them first, to check the accuracy of the facts stated, before it is sent to the University via the relevant Responsible Person.
81	When a draft report is sent by the OH Professional to the Student, via a signed-for delivery, to check its accuracy, the Student is required to deal with the draft report promptly and respond within a reasonable period (20 working days) of the report being received by them. Where the Student does not dispute the facts of the draft report they confirm this in writing to the OH Professional who will send the finalised report to the Responsible Person.
82	Where the student disputes the facts of the OH Professional's draft report they will bring this to their attention, with the understanding that the OH Professional is not required to alter their opinion or advice on OH issues. The Student will do this within a reasonable period (for Occupational Health matters, up to 20 working days).
83	Where the Student does not respond to the OH Professional's report within a reasonable period (20 working days) the OH Professional will send the report to the Responsible Person, noting that the Student has not responded and that a further report may be sent where the student subsequently responds.
Dealing with allegations of academic misconduct in the context of Fitness to Practise
84	Where a Student following a Programme linked to a Registration Body is alleged to have committed academic misconduct the matter is principally dealt with under the provisions of the University's Handbook for Assessment, Progression and Awarding: Taught Programmes. In such a case, those responsible for the academic governance and management of the relevant Programme will notify the Responsible Person, of the allegation and ensure that any report of the findings of a Panel or Committee that considers the Student's alleged academic misconduct comments directly on any Professionalism concerns that have been identified (see paragraph 42) so that where there are implications for the Student's Fitness to Practise these can be properly considered by the Responsible Person and can, if necessary, be referred to a Follow-up Meeting and a Fitness to Practise Panel.
85	If the reports referred to above identify Professionalism concerns that might reasonably give rise to the view that the Student's Fitness to Practise has been or is impaired, or that their probity has been called into question the Responsible Person will assess whether to convene a Follow-up Meeting to consider those aspects of the Student's conduct that relate to their Professionalism.
86	A Responsible Person may only consider reports and evidence from a panel or committee convened to review alleged Academic Misconduct when the latter has reached a definitive conclusion or its findings are not contested by the Student. Where the Student contests the findings and appeals against them, the Responsible Person will defer any Follow-up Meeting and any request for a Fitness to Practise Panel to be convened until those proceedings have been completed.
87	Where a Student does not contest the findings of a panel or committee convened to review alleged Academic Misconduct, a Follow-up Meeting and a Fitness to Practise Panel may be convened.
The Investigating Officer's report
88	The Investigating Officer's report is addressed to the Responsible Person. It sets out, concisely, the nature of the allegation(s) about the Student's conduct and/or behaviour; whether any further matters of concern about the Student's conduct and/or behaviour came to light during the investigation how the allegations were investigated (including any new matters that came to light during the investigation)
89	In its conclusion, the Investigating Officer's report summarises the evidence gathered and assesses its reliability; states the Student's comments about the allegations; states whether any claims for extenuating circumstances have been advanced by the Student or others on their behalf in connection with the allegations and any new matters, and whether there is independent evidence to support the claims.
90	The Investigating Officer's report concludes with a recommendation addressed in the first instance to the Responsible Person. The recommendation may be one or more of the following. That the enquiries undertaken and the evidence gathered indicate that the allegations of failure(s) by the Student to follow the codes of behaviour and conduct that the University and/or the relevant Regulatory Body require, and any new matters that have been raised and investigated have substance, call into question the Student's Fitness to Practise, and should be put to a Fitness to Practise to Panel that the allegations of failure(s) by the Student to follow the codes of behaviour and conduct that the University and/or any Regulatory Body requires and any new matters that have been raised and investigated, lack sufficient substance to necessitate their reference to a Fitness to Practise Panel but that the investigation has identified aspects of the Student's behaviour and/or conduct that need to change if the Student is not to be subject to further questions about their Fitness to Practise that the allegations of failure(s) by the Student to follow the codes of behaviour and conduct that the University and the relevant Registration Body have agreed, lack substance and/or do not have detrimental consequences for the Student's Fitness to Practise that there is evidence to show that the allegations of failure(s) by the Student to follow the codes of behaviour and conduct that the University and the relevant Registration Body have agreed were malicious and/or vexatious and, if made by a University Student or member of staff should be referred to the University for further action under the relevant Disciplinary Procedures.
91	On completing their report, the Investigating Officer signs it and sends a copy to the Responsible Person with the supporting evidence.
Receiving a report from an OH Professional and/or an Investigating Officer
92	When the Responsible Person receives a report on a Student from an OH Professional or an Investigating Officer they check that the concerns that were raised about the Student's Fitness to Practise have been thoroughly reviewed and that the report and its findings are sufficiently sound and detailed to enable the Responsible Person to decide whether further action is needed (in the first instance, a Follow-up Meeting) and what form that Meeting should take. Where the Responsible Person comes to the view that further information or greater clarity is required, they may ask the OH Professional or Investigating Officer (as appropriate) to provide that information or greater clarity.
93	When the Responsible Person is satisfied that the report by the Investigating Officer or the OH Professional represents a fair and thorough investigation of the concerns and/or allegations about the Student's Fitness to Practise that were reported, they accept the report and send a copy to the Student, together with the supporting evidence gathered by the OH Professional or the Investigating Officer.
Following up a Report by an OH professional or Investigating Officer
Follow-up Meeting between the Responsible Person, the Student and the Investigating Officer or OH Professional
94	The Responsible Person who receives a report from an Investigating Officer on the Fitness to Practise of a Student will require them to attend a Follow-up Meeting, to discuss the findings of the OH Professional or Investigating Officer, having given the Student not less than five working days notice of the Meeting.
95	Where the Student does not respond to a request from the Responsible Person to attend a Follow-up Meeting, and enquiries and contacts from the Responsible Person fail to evoke a response from the Student, the Responsible Person reports the matter to the Dean of the College or the School for further investigation and action which may include referring the matter to a hearing by a Fitness to Practise Panel.
96	Where the Student attends the Follow-up Meeting the Investigating Officer or the OH Professional will be in attendance to answer questions and clarify matters in their report where invited to do so, and the Student may be accompanied by another University of Exeter student or a member of the Advice Unit of the Students' Guild (in Cornwall the FXU). The Responsible Person will also arrange for a member of the University's professional services to be present to make a record of what is discussed which will be shared with the Student after the meeting.
97	The Purpose of a Follow-up Meeting is to enable the Responsible Person to review the findings of the OH Professional or Investigating Officer in their report with the Student and the evidence in a less formal setting than that of a full Fitness to Practise Panel. This is particularly relevant where the Student's health or wellbeing has occasioned questions about their Fitness to Practise.
98	Additionally, the Follow-up Meeting provides an opportunity for the Student to clarify their own understanding of their position with the OH professional, or Investigating Officer and the Responsible Person and to bring to their attention any additional evidence that they consider relevant to their behaviour or conduct that the OH professional or Investigating Officer may not have considered.
99	Where the report of an Investigating Officer or OH Professional concludes that the Student has no case to answer the Responsible Person may offer them an opportunity to meet to explore the allegations, why they were investigated, and to reflect on the experience.
100	The Follow-up Meeting provides additional information to enable the Responsible Person to assess whether the Student's health or wellbeing conduct or, behaviour is such that a Fitness to Practise Panel should be convened to determine their Fitness to Practise. The Responsible Person reads the report by the OH Professional or the Investigating Officer, the accompanying evidence, and the information provided by the Student in the Follow-up Meeting in order to consider, among other matters, whether the impairment to the Student's health, behaviour or conduct is compromising the safety of pupils, clients, patients, other Students, staff or the general public, or putting them at risk of harm the Student has shown a deliberate or reckless disregard for their professional responsibilities (and any clinical responsibilities) towards pupils, clients, patients, other Students, staff or the general public the Student has abused the confidence or trust, or violated the autonomy of pupils, clients, patients, other Students, staff or the general public the Student has behaved dishonestly or fraudulently, or in a way designed to mislead or harm others (this includes instances where the Student has been found to have committed academic misconduct that has been found to have compromised their professional behaviour).
Outcomes of a Follow-up Meeting short of reference to a Fitness to Practise Panel
101	Where the OH Professional or the Investigating Officer has found that the Student has no case to answer and they have attended a Follow-up Meeting as an aid to reflective practice, the Responsible Person writes to the Student after the Meeting to confirm that the allegation(s) of unprofessional behaviour or conduct that had been received were shown to be without substance and that the allegations will not be placed on their record.
102	If, after a Follow-up Meeting the Responsible Person comes to the view that the Students' alleged failings in conduct or behaviour fall short of the University's expectations but have not impaired their Fitness to Practise, and any deficiencies identified can be remedied, they will set out in writing how the Student's behaviour and/or conduct needs to change, what they need to do (and by when) to remedy matters, and how their compliance with these directions will be monitored and communicate this to the Student forthwith. The Responsible Person will also remind the Student of any opportunities that exist for them to transfer to an alternative Programme that does not include practice-based and/or clinical elements.
103	In all cases, after a Follow-up meeting the Responsible Person ensures that the notes or record of the Meeting made by the member of professional services is provided to the Student within five working days.
Reference to a Fitness to Practise Panel after a Follow-up Meeting
104	When the outcome of a Follow-up Meeting is a requirement that the Student undertakes or refrains from actions in order to remedy their situation, and they observe the requirements made by the Responsible Person, the latter notes this on the Student's record. If the Student refuses to accept the decision of the Responsible Person or accepts but subsequently fails to observe any requirements made by the their situation, the Responsible Person will request the College or School Dean to convene a Fitness to Practise Panel and notify the Student.
105	Where, after a Follow-up Meeting, the Responsible Person, having regard to the report of the OH professional or the Information Officer and the evidence gathered, and any additional information gained through the Meeting, comes to the view that the Student's health or well-being, or their departures from the University's expectations for Professional Conduct require that a Fitness to Practise Panel be convened to assess whether and to what degree the Student's Fitness to Practise might have been compromised, they notify the Student and the College or School.
Notifying Student that they have been referred to a hearing by a Fitness to Practise Panel
106	When the Responsible Person comes to the view that the information available shows that there is sufficient substance in the allegations made against the Student for the matter to be referred to a Fitness to Practise Panel they notify the Student and the College or School. When conveying this information, the Responsible Person refers to the original allegations and any additional concern or allegations that have been identified in the report of the OH professional or the Investigating Officer or emerged through the Follow-up Meeting, which the Responsible Person intends to refer to the Fitness to Practise Panel.
107	When communicating this information to the Student the Responsible Person will remind them that the College or School will use the Student's email to convey information about proposed dates for a Fitness to Practise Panel hearing and to seek information from the Student, including whether they will be accompanied, supported or represented at the Panel hearing (see below, paragraph 128) and whether they intend to submit additional or new evidence; submit witness statements; and call witnesses at the hearing to support their case.
108	The Responsible Person will also inform the Student that the College or School will use the University's email system to provide them with information about the identity of the Panel members; any additional or new evidence the University will submit to the Panel; and any additional witness statements and witnesses that it plans to call. See also paragraphs 121-122, below.
109	The Responsible Person will also remind the Student that the may wish to seek support from the Students' Guild Advice Unit (in Cornwall, the FXU) and the need for them to monitor their University email and to respond promptly to correspondence sent by the College or School and by the University.

PART II: Hearings by Fitness to Practise Panels

Status and purpose of Fitness to Practise Panels
110	Fitness to Practise Panels are University Panels convened at College- or School-level that are held to consider allegations of unprofessional behaviour or conduct on the part of a Student or concerns regarding their Fitness to Practise on health or wellbeing grounds. Under formal agreements between the University and a Registration Body, the findings and recommendations of a Fitness to Practise Panel may be shared with the Registration Body and other third parties in addition to being reported to the University through the relevant Dean or their nominee(s).
111	Fitness to Practise Panels are convened at College or School level by the University's professional services, on the authority of the Dean, as conferred by Senate through this Policy and Procedures. Preparations for Fitness to Practise Panels are overseen for the College or School by a Responsible Person.
112	The University accepts that the composition of a Fitness to Practise Panel may be subject to formal agreements between the University and the relevant Registration Body, which may require that some or all of the non-student members are Registrants, or that the Chair of the Panel is independent of the University.
113	The role of a Fitness to Practise Panel is to read and assess the written evidence put before it by the University and the case for taking action put forward in the reports of the OH Professional or Investigating Officer and the Responsible Person hear statements and representations by the Student who is the subject of the hearing (or by their friend or representative on their behalf) hear oral evidence from witnesses, including any expert witnesses called by the University or the Student ask questions, through the Chair, so that members can check their understanding.
Membership of a Fitness to Practise Panel
114	Where the composition of a Fitness to Practise Panel is not prescribed in a formal agreement between the University and a Registration Body, its membership comprises four individuals, including its Chair and Secretary. The Chair will be an experienced senior member of the academic or clinical staff of the University with previous experience of chairing Fitness to Practise Panels or other University committees or panels. The Chair may be a Registrant where formal agreements between the University and a Registration Body require that be the case. Exceptionally, where it is necessary to meet the requirements of a Registration Body or to make arrangements to avoid conflicts of interest, the University may appoint a suitably qualified independent external Chair.
115	The Secretary to the Panel is a member of the University's professional services with experience of supporting panels and/or committees. They may assist with the organisation of the Panel. Before and during the Panel hearing the Secretary advises the Chair on procedure. During the Panel hearing the Secretary keeps a record of the matters that are covered, including during private Panel meetings. In the public sessions the Secretary only speaks to request clarification for the record, to advise the Chair at their request or to remind the Chair of relevant University procedures, Codes of Practice and Regulations, including those of any relevant Registration Body and this Policy and Procedure. The Secretary does not contribute to decisions on the Fitness to Practise matter at hand, other than as a note-taker.
116	In constituting the Fitness to Practise Panel, the University will be mindful of equality and diversity matters. Among the Panel Members it will seek to include an experienced full time member of the University's academic and/or professional staff from another College or School that works with a Registration Body, and an elected officer of the Students' Guild, who will normally be a Sabbatical Officer.
117	When seeking the agreement of the potential Chair and others to serve on a Fitness to Practise Panel, the College or School Secretary will remind them of the need to ensure that they have had no Material Contact with the Student that might subsequently be construed as a conflict of interest, and to seek advice and/or clarification if they are in any doubt about their eligibility.
Training for Fitness to Practise Panel members
118	The University provides training and support for those staff and students it invites to serve as members of Fitness to Practise Panels under this Policy and Procedures for Fitness to Practise. The purpose of the training is to familiarise new Panel members with the procedure that the Panel will follow how to prepare for the hearing how to deal with written and oral statements the roles of the Chair, the Secretary and other Panel members the nature of the decisions they may be asked to make on the facts before them and how to question witnesses and the Student who is the subject of the Hearing how to decide the matters put before them concerning unprofessional behaviour and/or conduct for matters where unprofessional behaviour and/or conduct has been shown to have occurred, how to establish the seriousness of any impairment to the Student's Fitness to Practise and decide the penalty to be recommended.
119	The training also covers what Panel members must not do, such as undertaking independent interviews with witnesses researching the subject of the hearing via the Internet and referring to the matter unless to other members of the Panel.
Notice to the Student in Fitness to Practise proceedings and information that must be provided for them
120	The University aims to constitute a Fitness to Practise Panel within 15 working days of a decision by a Responsible Person to refer a matter of Fitness to Practise to a Panel hearing. It aims to convene a hearing by a Fitness to Practise Panel within 30 working days of the decision by the Responsible Person.
121	When the Panel has been constituted the College or School writes to the Student giving at least 15 working days notice of the planned date and time for the hearing and the venue; and the membership of the Panel. The College's or School's communication of this information will enclose copies of the report of the Investigating Officer or OH Professional and the accompanying evidence and outcomes of the Follow-up Meeting as notified by the Responsible Person. This is for security: the Student will have already received a copy of all this information from the Responsible Person. The College or School will also provide the Student with any additional documentary evidence that will be put to the Panel; name any witnesses that the University plans to call to give evidence at the hearing, including expert witnesses; and provide the associated witness statements as available.
122	The College's or School's communication to the Student will ask them to report immediately whether they have previously had any Material Contact with a member of the proposed Fitness to Practise Panel or are aware of any potential conflict of interest on the part of any member of the Panel, and to state whether they intend to submit documentary evidence (including witness statements) and call witnesses. The communication from the College or School will invite the Student to identify any witnesses that they wish to attend the hearing to give evidence so that they can be contacted with details of the venue for the hearing and state the necessity for such witnesses to submit their evidence in writing again, not later than five working days before the hearing.
123	The College's or School's communication will remind the Student that if there is fresh and relevant evidence that was not available to the Investigating Officer or OH Professional that has come to light since their report was completed, and which should be considered, or that if there is information about extenuating circumstances that is relevant to the matter and which was not disclosed to the OH Professional or Investigating Officer, for good cause, at the time, this information must be provided to the University via the College or School not later than five working days before the planned date of the hearing. The letter will also inform the Student that it is within the discretion allowed to the Chair to decline to accept late submissions of new evidence, including submissions on the day.
124	Where the Student can show good cause why it would be unfair to them or otherwise unreasonable for the Fitness to Practise hearing to take place on the date and at the time specified in the College's or School's communication the College or School may ask them (or their nominee) to identify alternative dates when it would be possible to convene the hearing. In this context, "good cause" might include illness, including the recurrence of a chronic illness already notified to the University, or the necessity to attend the funeral of an immediate relative. In such cases documentary evidence will be required if the University is to postpone or rearrange a hearing. Absence occasioned by previously booked holidays or family celebrations will not constitute "good cause".
Attendance of the OH Professional, Investigating Officer and the Responsible Person
125	The OH Professional or Investigating Officer and the Responsible Person attend the Fitness to Practise Panel hearing to summarise their reports for the Panel and answer any questions that the Panel or the Student (or their representative) may wish to put to them.
Expert and legal advice
126	In Fitness to Practise matters it may be necessary for specialist or technical evidence to be sought from a suitably qualified expert and provided for the information of the Panel. Where, having considered the information and reports provided for the Panel, the Chair of the Panel considers that further specialist or technical reports are needed, they write to the Responsible Person and the College or School Dean to explain why further report(s) are necessary and to request that they be commissioned as a matter of urgency. Pending the provision of the necessary reports the hearing may be postponed until such time as they can be made available to the Panel and the Student in advance of the hearing.
127	Where the Student asks to submit technical, specialist or legal reports in advance of the hearing, it will be for the Chair of the Panel (where appropriate, with the benefit of professional advice) to decide whether to admit such reports and whether equivalent reports on these matters need to be commissioned by the University for the Panel in the interests of balance and fairness.
128	A Fitness to Practise Panel is an academic and professional panel and the presence of legal advisers to the Panel, to those attending to give evidence, or to the Student should not be seen as routine. Where, however, the Student indicates in advance that they intend to be accompanied by a legal adviser the University will also wish to be legally represented. Where a Student who attends a Fitness to Practise Panel is accompanied by a legal adviser, whose attendance has not previously been notified to the University, and a legal adviser is not in attendance for the University, the Chair will adjourn the hearing until the University can be legally represented.
Convening the Fitness to Practise Panel
129	Immediately before the Panel meeting the Panel members meet privately to clarify the procedure to be followed whether the Student and witnesses have confirmed their attendance whether the Student is to be supported by a friend or student representative and whether they intend to bring a legal adviser and if so in what capacity the order in which witnesses will appear and who has called them.
130	Where the Student has not confirmed their attendance or, having confirmed their attendance does not appear, the Panel is entitled to proceed with the hearing in the Student's absence where it can be satisfied that notice of the hearing was properly served and no reasonable excuse for non-attendance has been notified to the College or School by the Student (see above paragraph 124).
Burden of Proof and Standard of Proof in a Fitness to Practise Panel hearing
131	In a Fitness to Practise Panel hearing it is for the University to show to the Panel, on the balance of probabilities (more likely than not) that the alleged unprofessional behaviour or conduct on the part of the Student did take place and that the unprofessional behaviour or conduct impaired the Student's Fitness to Practise and the seriousness of that impairment. In making their decision the Panel will be mindful of the matters listed in paragraph 100, above.
Sequence of events at a Fitness to Practise Panel hearing
132	The Student with their friend or representative (one person) is present throughout the public sessions of a Fitness to Practise hearing and may ask procedural questions of the Chair and, with the permission of the Chair (which will not normally or unreasonably be withheld) may question witnesses and make statements.
133	In a Fitness to Practise hearing only one or other of the Student or their friend or representative may make statements or question witnesses (other than when the Panel wishes to ask questions of the Student directly in order to assess their truthfulness). The Chair will therefore ask the Student at the outset to state who will speak and ask questions on their behalf. (All references to "the Student" that follow should be understood to refer to the person speaking on the Student's behalf whether that is the Student themself or their representative or friend).
134	With the consent of the Chair, the Panel, the Student, and witnesses, the Secretary may make an audio recording of the public sessions to assist them to produce an authoritative record subsequently. Any audio recording so kept shall also be made available to the Student and other participants at their request.
135	The Chair invites the OH Professional or Investigating Officer to state the allegations made against the Student, summarise the findings in their report, and explain the significance of particular items of evidence for the Student's Fitness to Practise. The Panel may ask for clarification of any matters that remain unclear to members, through the Chair. The Panel will also call the Responsible Person to summarise the process and outcomes of the Follow-up Meeting and any subsequent exchanges with the Student. Again, the Panel may ask for clarification of any matters that remain unclear to members, through the Chair. The Student may ask questions of the OH Professional Investigating Officer or Responsible Person to clarify matters.
136	The Chair will then invite the Student to make a statement in reply to the report and statement of the OH Professional or Investigating Officer and the report of the Responsible Person and to ask any questions of them that will help the Panel to understand the Student's position. The Student may also introduce previously circulated new evidence, including evidence of any extenuating or remediating circumstances that they wish to put before the Panel and explain their relevance to the Student's Fitness to Practise.
137	Witnesses are then called by the Chair, with any witnesses called by the University being heard first and witnesses called by the Student being heard subsequently. Witnesses giving evidence will be invited by the Chair to confirm the contents of the written statements they have previously made.. Panel members and then the Student may question each witness to clarify their own understanding or settle a point at issue, with the permission of the Chair.
138	Where a witness does not attend the hearing, the Chair will advise the Panel how to deal with the contents of that person's witness statement since it will not be possible for it or the Student to question the witness to clarify its contents.
139	When all the witnesses listed to attend have been heard the Chair will invite the Student to make a concise closing statement. The purpose of this statement should be to show why the Panel should reject the original allegation, the case put by the OH Professional or Investigating Officer in their Report and by the Responsible Person, the evidence contributed by witnesses, and to remind the panel of any extenuating or remediating circumstances and the supporting evidence for them, and why they should be accepted as relevant to the matter.
140	The Student's statement closes this part of the hearing and the Panel retires to consider the evidence put before them and make their decision.
141	Where, at any point during a Fitness to Practise Panel hearing, a member of the Panel or the Student wishes to ask the Chair a question about procedural matters, or the conduct of the hearing, they may ask the Chair to suspend the hearing so that they can put their question to the Chair outside the hearing. Once the matter in question has been dealt with, the Chair resumes the Panel and the hearing continues.
142	Should the Student or the University seek to put forward new evidence at a Fitness to Practise hearing that has not previously been circulated the Chair will normally consider whether to admit the evidence. Where they decide to admit the new evidence they will also decide whether to adjourn the hearing for a period (which may be several days or longer) in order to consider the evidence and allow the other parties to review it and consider any responses they wish to make.
How the Fitness to Practise Panel reaches its decision
143	The process that the Panel follows in order to reach its decision has four stages. In Stage 1 the Panel comes to its findings on the facts before it. In Stage 2 the Panel comes to its findings on whether the facts that it has found to have been proved amount to impairment of fitness to practise by reason of unprofessional conduct or ill health. In Stage 3 the Panel considers whether there are any extenuating or remediating factors that should be taken into consideration when deciding the Student's Fitness to Practise at the time of the hearing. These might include training or treatment that the Student has undergone in the interim. In Stage 4 the Panel decides what sanction (if any) is appropriate to the particular facts of the case and any extenuating circumstances. The Panel considers the appropriateness of the least severe sanction first.
144	The University expects Fitness to Practise Panels will normally make their findings and recommendations unanimously. Where after time has been allowed for deliberations and discussion the Chair finds that it is not possible for the Panel to make a unanimous decision a majority decision on the recommendations and/or findings may be made but the fact that it is a majority decision must be recorded by the Secretary.
The options open to a Fitness to Practise Panel
145	The findings and recommendations that a Fitness to Practise Panel may make to the College or School Dean include the following (i) that the alleged unprofessional behaviour or conduct has not been shown to have occurred, that the Student has no case to answer, and that no reference to the allegation should appear on their record (ii) that the Student has been shown to have engaged in unprofessional behaviour or conduct that did not impair their Fitness to Practise, and that a statement to this effect should be entered on the Student's record (iii) that the Student has been shown to have engaged in unprofessional behaviour or conduct that impaired their Fitness to Practise, that the Student should be required to give written and enforceable undertakings to the University, through their College and/or School to remedy the impairment, and that a statement to this effect should be entered on the Student's record (iv) that the Student has been shown to have engaged in unprofessional behaviour or conduct that impaired their Fitness to Practise, that there is evidence to suggest that they might not be able to remedy the impairment permanently, but that they may be able to complete a University programme where Fitness to Practise is not a consideration and they should be permitted to transfer to such a programme (v) that the Student has been shown to have engaged in unprofessional behaviour or conduct that has impaired their Fitness to Practise to such a degree that they should be suspended from their Programme for a specified period not exceeding two calendar years and required to undertake actions or refrain from undertaking actions, in order to remedy the impairment to their Fitness to Practise identified by the Panel and that a statement to this effect should be entered on the Student's record (vi) that the Student has been shown to have engaged in unprofessional behaviour or conduct that has impaired their Fitness to Practise to such a degree that they should be recommended for expulsion from their Programme and the University. Where the Student is following a Programme not linked to a Registration Body but for which the University has stated, via a Resolution of Senate that this Policy and Procedures shall apply, the findings that a Fitness to Practise Panel may make are those above other than where Senate has resolved otherwise.
146	For recommendations (iii) (iv) and (vi), the Fitness to Practise Panel may also recommend to the relevant College or School Dean that the Student be suspended from their Programme with or without specified terms and conditions. In these cases in for recommendation (v) a suspension that has been confirmed remains in force until any appeal that the Student makes has been heard, a Fitness to Practise Appeal Panel has made its findings and recommendations and has decided whether to lift the suspension or maintain it. If the Student elects not to appeal the findings and recommendations of the Fitness to Practise Panel the suspension may remain in force until the expulsion of the Student takes effect.
147	For recommendations iii and v in paragraph 145 above the Fitness to Practise Panel also specifies the actions that will follow where the Student is unable to demonstrate that they have remedied the impairment in their Fitness to Practise, which might include expulsion from the programme.
148	With the agreement of the Panel, its Chair may also make recommendations to the University on the conduct of Fitness to Practise Panels and improvements to this Policy and Procedures for Fitness to Practise.
Reporting the findings and recommendation of a Fitness to Practise Panel
149	Fitness to Practise Panels agree their findings and recommendations in a timely manner, having regard to the complexity of the evidence and the consequences for the Student.
150	Where, having taken soundings of members, the Chair of a Fitness to Practise Panel considers that it will be able to agree its findings and recommendations on the day of the hearing they will convey that to the Student before the Panel retires for its private discussions.
151	In reaching its findings the Panel has opportunities to hear from the Student and the University about evidence of any extenuating circumstances that are relevant to the facts of any alleged impairment of the Student's Fitness to Practise. Once the Panel has determined whether there has been impairment of the Student's Fitness to Practise it is open to the Chair to invite the Student to make a further submission to the Panel with respect to the extenuating circumstances, so that it can be satisfied that any recommendations it makes to the University on how to respond to the impairment to the Student's Fitness to Practise are proportionate.
152	When the Panel has agreed its findings and recommendations, the Chair of the Panel will communicate these to the Student, if they are present, reminding them that the findings and recommendations are provisional and confidential until confirmed by the College or School Dean. The Chair will also remind the Student that where the findings are adverse and are confirmed the Student may appeal against them. They will also indicate the mechanism and timescale for lodging an appeal. The Chair will also inform the Student where the University is required to share the Panel's confirmed findings and recommendations with third parties (see above, paragraph 35).
153	In all cases the confirmed outcomes of a hearing by a Fitness to Practise Panel are notified to the Student no later than five working days after the conclusion of the hearing in writing, together with the provisions for lodging an appeal and the sources of advice and support available to them referred to above.
154	When the findings and/or recommendations of the Panel are not subject to appeal by the Student, the University may then share them with any coordinating body or consortium of higher education institutions that has been established to hold and share Personal Sensitive Data and Information about students following Programmes linked to a particular Registration Body.
155	Where a Fitness to Practise Panel has identified that the Student needs to remedy an impairment to their Fitness to Practise before they may continue with their Programme, the Student may only continue their programme (and, where this has been linked to suspension from the University), re-register with the University, after submitting a report on the remedial action they have undertaken to the Responsible Person for the relevant Programme, through the College or School, within a timescale specified by the Panel. If the report is approved by the Responsible Person as having remedied the impairment, they report this to the College or School and to the Student in writing.
156	If the Responsible Person is unable to approve the report of the remedial action the Student has undertaken as having met the requirements made by the Fitness to Practise Panel they notify the Student that they have breached the conditions set by the Panel; that this has triggered the actions specified by the Panel (see above, paragraph 147); and that they may appeal against this finding and how to do so.
157	In the circumstances described in paragraphs 154-156 the relevant information will also be entered on the Student's record and, subject to the terms of any formal agreement between the University and any relevant Registration Body or information sharing arrangement, may be reported to the latter.
Giving effect to the findings of a Fitness to Practise Panel
158	In all cases, the findings of a Fitness to Practise Panel are reported to the University through the College or School Dean, subject to restrictions that apply in such cases to the sharing of Personal Sensitive Data and Information.
Status of the Student following a hearing by a Fitness to Practise Panel
159	Following a hearing by a Fitness to Practise Panel, a Student who has been found to have no case to answer resumes their studies. Where, however, the finding of the Panel is that the Student has been shown to have engaged in unprofessional behaviour or conduct that has impaired their Fitness to Practise or that their ill-health or well-being has impaired their Fitness to Practise, and their recommendation is that the Student should be expelled from their Programme and the University, the Student is suspended from their Programme, the suspension remains in force until the University's Fitness to Practise Appeal Procedures have been completed, and/or the suspension is otherwise lifted via a successful appeal to a Faculty Dean.
160	A Student who has been suspended following a hearing by a Fitness to Practise Panel and has lodged an appeal against the findings and/or recommendations of the Panel may retain limited access to their University of Exeter email services to facilitate contact with the University. They may not, however, represent the University in any capacity including in sporting events.

PART III: Appeal against the confirmed findings of a Fitness to Practise Panel

Making an appeal against the findings and/or recommendations of a Fitness to Practise Panel that have been confirmed by the Dean of a College or School
161	A Student who wishes to challenge the findings and/or recommendations of a Fitness to Practise Panel that have been confirmed by the relevant College or School Dean, is required to notify the University that they intend to do so in writing to the relevant Faculty Dean, within 10 working days of being notified that the findings and recommendations have been confirmed. Where the Student is following a taught Programme they direct their appeal to the Dean of the Faculty of Taught Programmes; where the Student is following a research Programme they direct their appeal to the Dean of Graduate Research. In this Policy and Procedures references to the "Faculty Dean" are to be understood to include the Office of the relevant Faculty Dean and/or any person identified by them to act on their behalf in such matters.
Grounds for an appeal against the findings and/or recommendations of a Fitness to Practise Panel
162	Appeals against the findings and recommendations of a Fitness to Practise Panel are made by the Student. In the notice that the Student sends to the Faculty Dean they are required to indicate the grounds on which they wish to appeal the findings and recommendations of the Fitness to Practise Panel.
163	To be eligible for consideration, the grounds for an appeal against the findings and recommendations of a Fitness to Practise Panel must fall within one or more of the following that the Fitness to Practise Panel failed to follow the University's procedures and regulations that in reaching its findings and recommendations the Panel exhibited bias or prejudice against the Student that there is fresh evidence that was not available to the Panel that has since come to light and should be considered that there were extenuating circumstances that were relevant to the matter that were not notified to the Panel at the time for good cause that the findings and recommendations of the Panel are disproportionate.
Appeals that do not fall within the grounds specified by the University
164	When the relevant Faculty Dean receives notice from the Student that they intend to appeal against the findings and/or recommendations of a Fitness to Practise Panel they check that the grounds for the appeal cited by the Student are consistent with the grounds cited in paragraph 163. Where this is not the case, the Faculty Dean will immediately communicate with the Student to inform them that the grounds that they have cited do not enable a Fitness to Practise Appeal Panel to be convened, and that this is a "completion of procedures" letter.
The Burden of Proof and the Standard of Proof in an appeal against the findings of a Fitness to Practise Panel
165	In an appeal against the findings of a Fitness to Practise Panel it is for the Student making the appeal to show, on the balance of probabilities that there is evidence to show that one or more of the grounds stated in paragraph 163 applies.
Convening a Fitness to Practise Appeal Panel
166	Where a Student appeals against the findings and/or recommendations of a Fitness to Practise Panel, and the Faculty Dean finds that the grounds cited in the appeal fall within one or more of those specified by the University as eligible in paragraph 163 above, they convene a Fitness to Practise Appeal Panel to consider the matters raised by the Student, to meet as soon as a Panel can be properly constituted.
Membership of a Fitness to Practise Appeal Panel
167	Other than when the membership of a Fitness to Practise Appeal Panel is specified in a formal agreement between the University and a Registration Body, an Appeal Panel comprises four persons: the Chair, who will be Senior Member of the University, and two others, one of whom will be an elected member of Senate who is a full-time member of its academic or professional staff or a Dean of a College or School that provides Programme(s) that are linked to Registration Bodies. This should not include the Dean of the College or School providing the Programme followed by the Student, to avoid the risks of bias, prejudice or conflict of interest. The third member of the Panel should be a student member of Senate. A senior member of the University's professional staff acts as the non-voting Secretary to the Appeal Panel and is its fourth member.
Notice to the Student and information that must be provided for them
168	A Fitness to Practise Appeal Panel must be constituted as soon as it is practicable to do so after the Student has submitted a valid appeal that comes within one or more of the grounds specified by the University as eligible (see paragraph 165).
169	When the Fitness to Practise Appeal Panel has been constituted, the relevant Faculty Dean (or their nominee) writes to the Student giving not less than 15 working days notice of the planned date and time for the Appeal hearing; the venue; and the membership of the Appeal Panel. The letter will enclose copies of the documentary evidence that will be put to the Panel and name any witnesses that the University plans to call to give evidence at the hearing, including any expert witnesses who have examined fresh evidence on behalf of the Panel that has been submitted by the Student or the University. Witnesses who may be called by the University may include the Chair of the Fitness to Practise Panel, the Responsible Person, the OH Professional and/or the Investigating Officer.
170	In the Faculty Dean's letter to the Student they will be asked to report immediately whether they have previously had any Material Contact with a member of the proposed Fitness to Practise Appeal Panel or are aware of any potential conflict of interest on the part of its members, and to state whether they intend to submit fresh documentary evidence or call witnesses.
171	The Faculty Dean's letter will also remind the Student that if they wish to bring forward fresh and relevant evidence that was not available to the Fitness to Practise Panel that should be considered, including information about extenuating circumstances that are relevant to the matter and which was not disclosed to the Fitness to Practise Panel at the time for good cause, this information must be provided to the University via the Faculty Dean not less than 10 working days before the planned date of the hearing, to allow the Panel to commission any necessary reports on this material and receive them before the hearing (see below). The letter will also state that any evidence that the Student wishes to put forward that seeks to show that there was bias or prejudice on the part of the Fitness to Practise Panel in reaching its decisions and recommendations should also be provided within the same timescale.
172	Where the Student can show good cause why it would be unfair to them or otherwise unreasonable for the hearing by the Fitness to Practise Appeal Panel to take place on the date specified in the letter from the Faculty Dean, they may ask them (or their nominee) to identify alternative dates when it would be possible to convene the Appeal hearing. In this context, "good cause" might include illness, including the recurrence of a chronic illness already notified to the University, or the necessity to attend the funeral of an immediate relative. In such cases documentary evidence will be required if the University is to postpone or rearrange a hearing. Absence occasioned by holidays or family celebrations will not constitute "good cause" and the hearing may then proceed in the Student's absence.
Information that will be provided for a Fitness to Practise Appeal Panel
173	The information that will be provided for a Fitness to Practise Appeal Panel will include the report of the original OH Professional or Investigating Officer and the supporting evidence the record made of the Follow-up Meeting conducted by the Responsible Person and any relevant correspondence linked to that meeting the full record made by the Secretary of the Fitness to Practise Panel of what was covered, including during the Panel's private sessions any new additional and relevant evidence put forward by the University and/or the Student.
174	Where the Student or the University has put forward fresh evidence to the Appeal Panel it should be accompanied by a statement explaining why this evidence was not previously put forward other than where the new evidence seeks to show that there was bias or prejudice on the part of the Fitness to Practise Panel in reaching its decisions and recommendations. Where new evidence is put forward the Appeal Panel, through its Chair, may request in advance of the appeal hearing that it is examined, and a report made on it by a suitably qualified person (who is not the original OH Professional or Investigating Officer). Where a report on new evidence is requested by the Panel the report is shared with the Student in advance of the Appeal hearing.
175	Likewise, where the Student's appeal rests on the existence of extenuating circumstances that were not made known either to the original OH Professional or Investigating Officer, or to the Fitness to Practise Panel, for good reasons that can be independently substantiated, the Chair of the Appeal Panel may ask that a suitably qualified person (who is not the original OH Professional or Investigating Officer) examines this claim and the supporting evidence for it in advance of the hearing and reports to the Panel. Again this report should include a commentary on the reasons why this evidence of extenuating circumstances has now come to light having previously not been put forward and is shared with the Student in advance of the Appeal hearing.
Hearings by a Fitness to Practise Appeal Panel
176	Immediately before the meeting of the Appeal Panel its members meet privately to clarify the procedure to be followed whether the Student and witnesses have confirmed their attendance whether the Student is to be supported by a friend or student representative and whether they intend to bring a legal adviser as their "friend" the order in which witnesses will appear and who has called them.
177	If the Student has not confirmed their attendance or, having confirmed their attendance does not attend, it is for the Chair, advised by the Appeal Panel, to decide at the beginning of the hearing whether to proceed with the Appeal hearing or postpone it to a later date. Where the Student has not confirmed their attendance or, having confirmed their attendance does not appear, the Appeal Panel is entitled to proceed with the hearing in the Student's absence where it can be satisfied that notice of the hearing was properly served and no reasonable excuse for non-attendance has been notified to the Faculty Dean by the Student (see above, paragraph 172).
Hearings by Fitness to Practise Appeal Panels
178	The purpose of convening a Fitness to Practise Appeal Panel is not to reopen the matters covered by the Fitness to Practise Panel, insofar as that is possible, but to determine whether that Panel reached its findings properly and fairly, having considered all the relevant evidence; to consider any new evidence in the light of any advice and reports commissioned by the Chair on behalf of the Panel; and to decide whether to uphold the findings and recommendations of the Fitness to Practise Panel or overturn them (see below).
Expert and legal advice
179	A Fitness to Practise Appeal Panel is an academic and professional Panel and the presence of legal advisers to the Panel, to those attending to give evidence, or to the Student should not be seen as a routine requirement. Where, however, the Student indicates in advance that they intend to be accompanied by a legal adviser the University will also wish to be represented.
180	Where a Student who attends a Fitness to Practise Appeal Panel is accompanied by a legal adviser, whose attendance has not previously been notified to the University, and a legal adviser is not in attendance for the University, the Chair will adjourn the hearing until the University can be legally represented.
The sequence of events at a hearing by a Fitness to Practise Appeal Panel
181	The Student with their friend or representative is present throughout the public sessions of a Fitness to Practise Appeal hearing and may ask procedural questions of the Chair and, with the permission of the Chair (which will not normally or unreasonably be withheld), may question witnesses who have been called and make statements.
182	In a Fitness to Practise Appeal hearing only one or other of the Student or their friend or representative may make statements or question witnesses on behalf of the Student (other than when the Panel wishes to ask questions of the Student directly, in order to assess their truthfulness). The Chair will therefore ask the Student at the outset to state who will speak and ask questions on their behalf. (All references to "the Student" that follow should be understood to refer to the person speaking on the Student's behalf whether that is the Student themself or their representative or friend.)
183	The Chair opens the hearing by reminding the Student that it is for them to show that the decision of the Fitness to Practise Panel was flawed and inviting the Student to introduce their appeal and set out the grounds on which it rests, including any new evidence that they have put forward and that has been previously circulated.
184	Witnesses may subsequently be called by the Chair. They will be invited by the Chair to confirm the contents of any written statement they have previously made or any statements they have made that have been recorded by the OH Professional Investigating Officer or the Student. Members of the Appeal Panel and the Student may then, with the permission of the Chair, question each witness to clarify their own understanding or settle a point at issue.
185	When all the witnesses listed to attend have been heard the Chair will invite the Student to make a concise closing statement with a view to showing why the Panel should find that the decision and/or recommendations or one or more elements of them should be viewed as unsafe or as disproportionate and set aside and whether a new Fitness to Practise Panel should be convened to hear the matter anew.
186	The Student's statement closes this part of the hearing and the Panel retires to consider the evidence put before them and make their decision.
187	If at any point during a Fitness to Practise Appeal Panel hearing a member of the Panel or the Student wishes to ask a question about procedural matters, or the conduct of the hearing, they may ask the Chair to suspend the hearing so that they can put their question to the Chair. Once the matter in question has been dealt with, the Panel resumes and the hearing continues.
188	Should the Student or the University seek to put forward new evidence at a Fitness to Practise Appeal panel hearing the Chair will normally adjourn the hearing for a period (which may be several days or longer) in order to consider the evidence and allow the other parties to review it and consider any responses they wish to make.
The options open to a Fitness to Practise Appeal Panel
189	The findings and recommendations that a Fitness to Practise Appeal Panel may make to the Faculty Dean are that the findings and recommendations of the Fitness to Practise Panel should be upheld that the findings and/or recommendations of the Fitness to Practise Panel should not be upheld that the Fitness to Practise Panel made procedural errors and/or errors of judgement but that the seriousness of the original allegations against the Student requires the University to convene a different Fitness to Practise Panel to hear the matter afresh that the recommendations of the Fitness to Practise Panel with respect to the penalty to be imposed on the Student were disproportionate and that a more proportionate penalty be substituted.
Reporting the findings and recommendation of a Fitness to Practise Appeal Panel
190	Fitness to Practise Appeal Panels endeavour to agree their findings and recommendations in a timely manner, having regard to the complexity of the evidence and the consequences for the Student.
191	Where, having taken soundings of members, the Chair of a Fitness to Practise Appeal Panel considers that it will be able to agree its findings and recommendations on the day of the hearing they will convey that to the Student before the Panel retires for its private discussions.
192	Following its private discussions and having agreed its findings and recommendations, the Chair of the Appeal Panel will communicate these to the Student, if they are present, reminding them that the findings and recommendations are provisional until confirmed by the Faculty Dean or their nominee. Where the Appeal Panel has found that the recommendations of the Fitness to Practise Panel were disproportionate to the impairment of the Student's Fitness to Practise, they may modify the original confirmed recommendation's) to achieve better proportionality.
193	The Chair will also remind the Student that the proceedings of the hearing are confidential and should not be reported until confirmed. The Chair will further identify whether the Student has exhausted the University's internal procedures (see above, paragraph 189) and whether, if they wish to complain further, they will need to refer their complaints to the Office of the Independent Adjudicator for Higher Education (OIA).
194	In all cases, the findings and recommendations of the Fitness to Practise Appeal Panel are reported to the University via the Faculty Dean, subject to restrictions that apply in such cases to the sharing of Personal Sensitive Data and Information. On receiving the Panel's findings and recommendations the Faculty Dean writes to the Student to confirm that under the authority granted by Senate in approving this Policy and Procedure, the findings and recommendations are confirmed, that the Student has completed the University's internal review and appeal procedures and that if they wish to have the University's conduct of those procedures reviewed they must apply to the OIA. The letter will also provide contact details for the OIA.
195	Where an agreement between the University and a Registration Body provides for information sharing, the findings of the Appeal Panel will also be shared with the relevant Registration Body, other than where a Fitness to Practise Panel has not upheld the findings of a Fitness to Practise Panel or has directed that there should be a fresh Fitness to Practise hearing (see above, paragraph 189). The findings may also be share with any coordinating body or consortium of higher education institutions that has been established to hold and share sensitive personal data about students following Programmes linked to a particular Registration Body.
Training for new members of Fitness to Practise Appeal Panels
196	The University provides training and support for the persons it invites to serve as members of Fitness to Practise Appeal Panels under this Policy and Procedures for Fitness to Practise.
197	The purpose of the training is to familiarise new members of Appeal Panels with the procedure that the Panel will follow and how to prepare for the hearing the nature of the evidence that will be put before the Panel and how to deal with it the roles of the Chair, the Secretary and other members of the Appeal Panel the decisions and recommendations that the Appeal Panel will be asked to reach.

ANNEX 1: Registration Bodies linked to University of Exeter Programmes

Registration Body	College or School/Department	Programme
Association for Family Therapy (AFT)	College of Life and Environmental Sciences/Psychology/Clinical Education Development and Research	PGDip Psychological Therapies Practice and Research (Children, Young People and Families) - Systemic strand MSc Psychological Therapies (Systemic)
British Association for Behavioural and Cognitive Psychotherapies (BABCP)	College of Life and Environmental Sciences/Psychology/Clinical Education Development and Research	PGDip Psychological Therapies Practice and Research (High Intensity Cognitive Behavioural Therapy) PGDip Psychological Therapies Practice and Research (Children, Young People and Families) - CBT & Parenting Strands
British Psychoanalytic Council (BPC)	College of Life and Environmental Sciences/Psychology/Clinical Education Development and Research	MSc Psychological Therapies (Psychodynamic) - Psychoanalytic Psychotherapy training
British Psychological Society (BPS)	College of Life and Environmental Sciences/Psychology/Clinical Education Development and Research	PGCert Psychological Therapies Practice and Research (Low Intensity Cognitive Behavioural Therapy) Doctorate in Clinical Psychology (DClinPsy)
British Psychological Society (BPS)	College of Social Sciences and International Studies/Graduate School of Education	DEdPsych
General Medical Council (GMC)	University of Exeter Medical School	Bachelor of Medicine, Bachelor of Surgery (BMBS) BSc Medical Sciences MSc Applied Health Services Research
Health and Care Professions Council (HCPC)	University of Exeter Medical School	BSc (Hons) Medical Imaging BSc (Hons Diagnostic Radiography
Health and Care Professions Council (HCPC)	College of Life and Environmental Sciences/Psychology	DClinPsy
Health and Care Professions Council (HCPC)	College of Social Sciences and International Studies/Graduate School of Education	DEdPsych
National College for Teaching and Leadership (NCTL)	College of Social Sciences and International Studies/Graduate School of Education	PGCE

ANNEX 2: Responsible Person - role description and person specification

Role description

The role of a Responsible Person in Fitness to Practise Matters is

to receive expressions of concern about the health and/or wellbeing of a Student whose Programme is subject to this Policy and Procedures for Fitness to Practise
to receive complaints about the Fitness to Practise and/or Professional Behaviour and Conduct of a Student whose Programme is subject to this Policy and Procedures for Fitness to Practise
to determine whether the expressions of concern and/or complaints require urgent action to safeguard, pupils, young persons, vulnerable adults, patients, clients, other students, members of staff, practitioner-staff and members of the public, the form such action should take, and to ensure that, where necessary, action is taken
to determine whether the expressions of concern and/or complaints require investigation and what form that should take
to instruct an Investigating Officer to make preliminary enquiries and conduct initial investigations, in a proportionate manner, in order to determine whether the concerns require further investigation and to report on that to the Responsible Person
to instruct an Investigating Officer to undertake fuller investigations into an expression of concern or a complaint about a Student's Fitness to Practise and to gather evidence that may be put to a Fitness to Practise Panel
to receive progress and other reports on their investigations from Investigating Officers from time to time
to decide on the basis of the final report of the Investigating Officer whether a Fitness to Practise Panel should be convened to receive the Investigating Officer's report
to convene and hold Follow-up Meetings with Students following an investigation (see below paragraphs 94-105)
to oversee the College's or School's arrangements for convening and holding hearings by Fitness to Practise Panels
to ensure that the findings, recommendations and reports of Fitness to Practise Panels are provided to the College or School Dean in a timely manner
to observe confidentiality about individual cases of Fitness to Practise throughout, other when to do so would prevent the effective conduct of this Policy and Procedures for Fitness to Practise
to participate in training, briefing and development activities provided by the University to enable them to undertake the duties of a Responsible Person or continue in that role.

Person specification

When considering who they might designate as a Responsible Person, a College, School or Faculty Dean will take the following into consideration

whether the relevant Registration Body requires that the duties assigned to a Responsible Person be conducted by a Registrant and whether any special expertise in the subject, professional, or clinical area is required to discharge the role effectively
that the duties allocated to a Responsible Person in this Policy and Procedures for Fitness to Practise require that they are able to make sound and reasoned judgements about academic, practice-related and procedural matters
whether they have the authority to give directions to other staff and particularly those undertaking Investigations (see below)
the need for arrangements for Responsible Persons to make proper allowance for the research, teaching and other responsibilities of University staff at the required level of seniority, and to appoint at least one additional Responsible Person to ensure continuity of cover for their College or School
that the duties of organising hearings by Fitness to Practise Panels, and ensuring that they run smoothly, require that Responsible Persons should have proper clerical and professional support in order to fulfil the role.

ANNEX 3: Investigating Officer – role description

Role description

The role of an Investigating Officer is

to conduct initial enquiries and investigations when requested to do so by a Responsible Person, in order to determine whether concerns or complaints that have been reported require further investigation, to undertake such initial enquiries and investigations in a proportionate manner, and to report on their preliminary findings to the Responsible Person so that the latter can determine how best to respond to the concerns or complaints
to undertake fuller investigations into an expression of concern or a complaint about a Student's Fitness to Practise and to gather evidence that may be put to a Fitness to Practise Panel
to provide progress and other reports on their investigations to the relevant Responsible Person from time to time
to provide a report to the Responsible Person that states the nature of the concerns or complaints that were expressed to the Responsible Person, explains how they relate to the Student's Fitness to Practise and explains what their investigation found so that the Responsible Person can decide whether a Fitness to Practise Panel should be convened to receive the Investigating Officer's report
to attend Follow-up Meetings and hearings by Fitness to Practise Panels and Fitness to Practise Appeal Panels as required, in order to answer questions from the Student and the Panel(s) about their enquiries and how their report was produced
to participate in training, briefing and development activities provided by the University to enable them to undertake the duties of an Investigating Officer or continue in that role.

Person specification

When nominating a person to a College or Faculty Dean for appointment or designation as an Investigating Officer, a Responsible Person will be mindful whether an Investigating Officer must be a Registrant, the need for them not to be closely associated with the Student or the team of staff and practitioners delivering their Programme, and that an Investigating Officer must have the skills and competences to

undertake thorough and detailed investigations and pursue enquiries, in confidence, and in a timely manner, about concerns and complaints about a Student's Fitness to Practise that have been reported to a Responsible Person
understand how to gather oral and written evidence and write up accounts of the same that can be relied on by a Responsible Person and a Fitness to Practise Panel when deciding what action to take
make accurate and reliable notes and transcripts of meetings in connection with particular Fitness to Practise matters or ensure that they are made
provide coherent and clearly stated reports of their findings to enable a Responsible Person, a Fitness to Practise Panel and the Student who is the focus of the Investigation to understand the allegations that were made, how if proved, they would relate to the Student's Fitness to Practise, and how the allegations were tested and investigated
explain at a Follow-up Meeting and to a Fitness to Practise Panel and the Student, in the context of a Panel hearing, how they undertook their investigation and present the evidence they gathered and their findings and answer questions
Additionally, the Responsible Person nominating an Investigating Officer and the College, School, or Faculty Dean appointing them will take into consideration whether Investigating Officers need particular subject, clinical, professional or practice-based expertise to perform their role in a particular context, and the need to identify and train a sufficient number of Investigating Officers to ensure that there is adequate capacity across the College or School to investigate more than one case and that there is continuity of cover for Investigating Officers when they undertake other duties on behalf of the University.

ANNEX 4: Procedures for the Temporary Suspension of a Student in connection with Fitness to Practise

Power to recommend the temporary suspension of a Student while a Fitness to Practise investigation is being undertaken

1	Where a Responsible Person and/or an Investigating Officer comes to the view that it is necessary to suspend a Student who is the subject of allegations of unprofessional conduct or behaviour on a temporary basis they may ask the relevant College or School Dean to suspend the Student under powers conferred by Senate in approving this Policy and Procedures for Fitness to Practise.
2	In exceptional circumstances, such as the absence of the relevant College or School Dean or an interregnum, the Responsible Person may request that an alternate (who may be a Faculty Dean) acts on a recommendation to suspend a Student.
3	In making a request for the temporary suspension of a Student, the Responsible Person will outline the grounds for the recommended suspension in writing state what parts of the University the Student should not enter which staff and Students they may not approach or communicate with what University services they may not use (access to University email services will not normally be withdrawn) the likely duration of the suspension. A Student who is under temporary suspension will not permitted to represent the University, including in sporting or other activities.
4	A period of temporary suspension should not be longer than the time taken to conclude investigations and decide, after a Follow-up Meeting, whether to convene a Fitness to Practise Panel for a hearing; normally, this should be no longer than 10 working days or, exceptionally 15 working days. Where a Dean approves the recommendation for a temporary suspension the Responsible Person ensures that the terms and duration of the temporary suspension are communicated to the Student via email forthwith.
5	As noted above, the duration of a temporary suspension should be no longer than is necessary for the Investigating Officer to conclude their enquiries and produce their report. If the Responsible Person, advised by the Investigating Officer, considers that an extension to the temporary exclusion is necessary they will make such a recommendation to the relevant Dean with a statement of the grounds for seeking the extension, which may be one or more of the following: that it is necessary ensure the integrity of preparations for a hearing by a Fitness to Practise Panel or for the safety and/or wellbeing of the Student or that of others.
6	Where a College Dean, School Dean or (exceptionally) a Faculty Dean has approved a temporary suspension it takes effect immediately.
Appeal against a temporary suspension
7	A Student who has been served with a notice of temporary suspension may appeal against the suspension or its terms in writing to the relevant Faculty Dean within five working days of receiving the notice, stating why the suspension or specific terms in it should be lifted (see paragraph 8). Where the temporary suspension has been approved by a Faculty Dean, the review is conducted by the other Faculty Dean.
8	The grounds on which an appeal can be made against a temporary suspension are the following that the Responsible Person failed to make reasonable enquiries before recommending the temporary suspension that the Responsible Person or the Dean or other person who approved the temporary suspension is biased against the Student that the temporary suspension of the Student or its terms are disproportionate
9	Where the Faculty Dean is satisfied that the Student's appeal against their temporary suspension has succeeded they may cancel the suspension or vary the terms of the suspension to cure any defect that the Student has identified. Where the Faculty Dean confirms the temporary suspension it continues in force for its specified term.

¹ In this draft document, where the term "vulnerable adult" is used, the alternate form "person at risk" should also be read.

Calendar 2015/16

University of Exeter Policy and Procedures for Fitness to Practise(FtP)

Contents

Glossary of Terms and Definitions

PART I: University Policy and Procedures for Fitness to Practise

Responsibilities of the University and Students for supporting Fitness to Practise

PART II: Hearings by Fitness to Practise Panels

PART III: Appeal against the confirmed findings of a Fitness to Practise Panel

ANNEX 1: Registration Bodies linked to University of Exeter Programmes

ANNEX 2: Responsible Person - role description and person specification

ANNEX 3: Investigating Officer – role description

ANNEX 4: Procedures for the Temporary Suspension of a Student in connection with Fitness to Practise