Part R – Fitness to Practise

1.A The University has a responsibility to the public, employers and the professions, and must be satisfied that its students will be safe and suitable entrants to the given professions and are fit to practise. 

  

1.B Fitness to practise helps students to become excellent professionals. Alongside education and training on professionalism and the standards expected of students on such programmes, universities must have a process to identify and deal with students whose fitness to practise may be impaired. 

 

1.C. Where students need support they should engage with the University Support Services and/or the SU advice service. For any meetings in relation to this procedure students are allowed a supporter. Further information about the role of a supporter can be found in these regulations and in the guidance document here https://lncn.ac/supporter  

2.A The following are examples of how a student’s fitness to practise may be impaired: 

  

2.A.i Misconduct, being either personal and/or professional misconduct, including: 

  

• • alleged breaches of professional codes of conduct/practice;  

• • cheating or plagiarism;  

• • dishonesty or fraud;  

• • drug or alcohol misuse;  

• • persistent inappropriate behaviour;  

• • aggressive, violent or threatening behaviour; 

  

2.A.ii Lack of capability/competence/deficient professional performance 

  

2.A.iii A conviction or caution for a criminal offence 

  

2.A.iv Adverse physical or mental health; to include health concerns and insight or management of these 

  

2.A.v Not possessing the necessary knowledge of English 

  

2.A.vi A determination by a regulatory or licensing body (either in the UK or overseas) of impairment of fitness to practise (regardless of whether or what sanction was imposed) 

3.A Academic failure, including the failure of practice-based assessments, may lead to the                 termination of a student’s registration on a programme for a professional qualification. The                 assessment of academic achievement is dealt with under the relevant Regulations for the award concerned, with any variations to these Regulations necessary for meeting the standards of Professional, Statutory and/or Regulatory Bodies being approved by Academic Board. 

  

3.B Students who fail to make satisfactory progress in academic studies will be considered by the          relevant Board of Examiners which will determine the appropriate course of action. If, during                deliberations, concerns arise regarding the student’s suitability to practise professionally on the grounds of health or conduct, the student will be referred to the Head of School for consideration under this procedure.  

  

3.C Students on professional programmes are subject to the University’s Regulations regarding student conduct and academic offences. 

3.D The Universty commits to securing academic freedom and free speech as per its Code of Practice on Academic Freedom and Freedom of Speech. Lawful speech will not be punished because of a viewpoint that it expresses, and such complaints about lawful speech promptly rejected. Nothing within this regulation should be taken as meaning to restrict academic freedom and freedom of speech within law. In cases of uncertainty, the definitive and up-to-date statement of the institution’s approach to freedom of speech is set out in the aforementioned code. 

  

3.E Where a report to the University is in scope of both the Fitness to Practise Regulations and the Student Misconduct Regulations:   

3.E.i The Head of Legal and Compliance Services and the Head of School will agree whether the matter should be considered under the Fitness to Practise Regulations or the Student Misconduct Regulations in the first instance.   

3.E.ii If the matter is initially considered under the Fitness to Practise Regulations, the case file, finding and outcome will be shared with the Legal and Compliance Services Team upon completion of the full procedure, and the Legal and Compliance Services Team will decide whether additional consideration under the Student Misconduct Regulations is necessary.   

3.E.iii If the matter is initially considered under the Student Misconduct Regulations, the case file, finding and outcome will be shared with the Head of School upon completion of the full procedure, and the Head of School will decide whether additional consideration under the Fitness to Practise Regulations is necessary. 

  

3.F Allegations of the commission of an academic offence made against students on professional programmes will be dealt with under the appropriate Academic Offences procedure as laid down in the University Regulations. If the academic offence is found proven by the Academic Offences Committee, the Committee will inform the School Fitness to Practise Panel for it to consider the implications regarding the student’s fitness to practise. It will remain the Board of Examiners’ decision regarding the penalty applied for a proven academic offence, as recommended by the Academic Offences Committee. 

  

3.G A decision for a report to be formally considered under one of the above set of Regulations initially, will not restrict preventative action being taken to safeguard individuals under one of the other sets of Regulations. 

  

3.H A student may be referred to the School Fitness to Practise Panel following a leave of absence when a fitness to practise issue has arisen or continues to give cause for concern. A report from the student’s healthcare practitioner will be required to assist in determining whether the student is ready to resume their studies. 

  

3.I A student will not be permitted to graduate from the University, interrupt their studies, transfer programme within the University or to another provider, or withdraw from their studies, until any active proceedings under these Regulations are complete. 

  

3.J Where a student does not engage with proceedings commenced under these Regulations, those proceedings will continue in absence of the student, to normal timescales and any decisions required will be made on the basis of the information available. The student will be notified of the outcome and retains the right to any appeal. 

  

3.K If a student has omitted (accidently or deliberately) to disclose a DBS check, Occupational Health check or a changed disciplinary status (from any work environment) in accordance with the programme offer, the Fitness to Proceed process may be invoked. 

  

3.L A Head of School may delegate their responsibility for the in-School stages of this procedure, normally to their Lead for Professionalism or other members of School Leadership. Similarly, they may nominate a suitably experienced individual to act in place of a Senior Tutor when named in this process. However, the principles of procedural fairness must continue to be applied, and the ability to delegate responsibilities should maintain appropriate segregation of duties and therefore not create single points of failure or conflicts of interest/bias within the process. Ultimately, a Head of School shall retain overall responsibility for the operation of the in-School elements of the process and it must be clear to a student what role an individual is fulfilling at each relevant stage of these proceedings where such a delegation is undertaken. 

4.A A concern about the conduct, competence or health of a student may be disclosed by a member of University or clinical staff, a peer, a patient/service user or a member of the general public. 

  

4.B Disclosures must be made in writing using the Cause for Concern Proforma.  

  

4.C The person making the disclosure must identify themselves. Anonymous concerns will not normally be considered, except where there is firm evidence of risk to patients and public safety or where the University would be brought into disrepute. 

  

4.D It is recognised that concerns may be bought to a Head of School’s attention directly. In this circumstance the Head of School (or nominee, hereafter) must ensure that a Cause for Concern Proforma is completed, fully documenting the nature of the concern and the details of the individual making the disclosure.

5.A A Senior Tutor (or nominee, hereafter – normally the Personal Academic Tutor) will be responsible for acting when a concern is reported. The Senior Tutor will meet with the student to determine the category and level of concern according to the School’s Concerns Threshold Framework. A range of evidence may be used in this determination and assistance may be sought from third parties. 

  

5.B When reviewing such a concern, the Senior Tutor must consider whether the concern requires any referral to a named safeguarding contact as the University’s Safeguarding Policy. 

  

5.C If the Senior Tutor determines that there is no evidence of a concern, the process will be discontinued. 

  

5.D The Senior Tutor may determine the matter is a low-level concern and will invoke the Low-Level Concerns Procedure at R.6 to agree remedial action. 

  

5.E The Senior Tutor may determine the matter is a severe concern, and in this case will immediately inform the Head of School in order to invoke the Investigating Severe Concerns Procedure.

6.A In the event of a low or moderate concern the Senior Tutor and student will develop a remedial action plan. Timescales for completion and dates for review will be mutually agreed, the plan signed by both the student and the University. If third-party action is required, agreement will be sought during the action plan formulation and the arrangements documented in the action plan. 

  

6.B Progress towards completion of the action plan will normally be monitored at up to 2 subsequent review meetings, to take place at points in time determined by the Senior Tutor. Amendments to the action plan may be agreed at these meetings. 

  

6.C Non-completion of an action plan within agreed timescales will escalate a concern to a severe level. 

7.A Upon referral from the Senior Tutor, the Head of School will determine whether temporary removal of the student from the programme or practice placement(s) is required in accordance with the Policy for Immediate Temporary Removal of a Student. 

  

7.B The Head of School will promptly, and in any event within 5 working days, arrange for the matter to be investigated. The Head of School will appoint an Investigator who is not the student’s Personal Academic Tutor or involved in directly supporting the student, or directly involved in making decisions about their academic progress insofar as is practically possible. The Head of School will notify the student of the commencement of the investigation, setting out:   

7.B.i The specifics of the allegation of impairment of fitness to practise;   

7.B.ii Any evidence obtained relating to the alleged impairment;   

7.B.iii The professional code(s) relevant to the student;   

7.B.iv An outline of the investigative process and anticipated timescales, providing a copy of these Regulations;   

7.B.v The identity of the Investigator and the student’s right to object to the individual appointed as Investigator on the basis of a lack of impartiality. The student will need to provide a rationale and, evidence the lack of impartiality. Such an objection needs to be made to the Head of School in writing within 5 working days of receipt of investigation notification. If the objection is upheld a new Investigator will be appointed by the Head of School;   

7.B.vi Any limitations or conditions placed upon the continuation of studies or supervised practice during the period of the investigation as determined via the Policy for Immediate Temporary Removal of a Student;   

7.B.vii The support available to the student from Student Wellbeing, the Student Support Centre, and the Students’ Union Advice Centre;   

7.B.viii The student’s right to be accompanied at any investigative interview(s) by a supporter who will be a member of staff or student of the University or a staff member from the Students’ Union Advice Centre. The decision on whether they can attend to support the student is at the discretion of the individual or service. The supporter may not talk on the student’s behalf; they are there to provide support to the student, only. A supporter will not be allowed to contribute materially to the investigative procedure. If the supporter acts outside of these parameters the meeting will be suspended, and the supporter will be asked to leave. If the student is unable to continue the meeting without the supporter, it will be at the authorised officer’s discretion (based on the context of what has occurred and based on what evidence has been obtained at that point) as to whether one further attempt to hold the meeting shall be made;   

7.B.ix       Where a student is under the age of 18 they are entitled to invite a parent or guardian as a supporter.     

7.B.x The student’s right to have a third party (i.e. professional union, or legal representation) who may act as and represent the student, provided the student has given the Investigator written authority for that representative to act on their behalf. A student must inform the Investigator, in writing, at least five working days in advance of any meeting or anticipated communication from a legal representative if they have engaged such representation. The University's student contention processes are not legal processes, and it is therefore a student’s decision as to whether they engage legal representation. Engagement of a legal representative alone is not considered reason enough to require the University to adjust its normal timescales or its meeting dates; the University considers it has a reasonable duty to avoid undue delay. The University will not reimburse students who opt to engage legal representation. Students, when represented, are still expected to attend any meetings requested under these Regulations and to speak on their own behalf, unless, owing to necessary reasonable adjustment for reasons such as disability, this is agreed by the University in advance, in writing. The student is responsible for ensuring their representative is appropriately briefed on the matter at hand and these Regulations. Any representation made by a legal representative under these Regulations shall be taken to be the student’s response or contribution to the process. Should a student opt for legal representation, they also retain the right to be supported at any meetings held under these Regulations, by a supporter who fulfils the criteria of a supporter as outlined in these Regulations. The University reserves the right to engage its own representation in such matters. 

  

7.C The Investigator will complete the investigation within 20 working days of referral from the Head of School. Should the case be complex or exceptional circumstances require an extension to the timeframes, this must be communicated to the student and Head of School by the Investigator with an appropriate rationale, and a new timeframe set out. 

  

7.D The Investigator may interview/request information from the Head of School and/or others connected with the case, including the student, as appropriate. At interviews the Investigator may be accompanied by an assistant whose sole role will be to prepare a written record of the meeting. Factual information about the student’s professional progress and any other relevant information may also be obtained by the Investigator. 

  

7.E Once the Investigator is in a position to invite the student to interview, they will write to them via letter and email, and set out:   

7.E.i The specifics of the allegation of impairment of fitness to practise;   

7.E.ii The evidence obtained relating to the alleged impairment;   

7.E.iii The professional code(s) relevant to the student;   

7.E.iv The date of the investigative interview, giving at least 5 working days’ notice;   

7.E.v That the student should prepare a written response to the allegation along with any relevant supporting evidence (i.e. witness statements) for submission at the investigative interview, and that the student should confirm via this statement whether they admit, partly admit or deny the allegation of impairment of fitness to practise; students may not introduce evidence at any later stage of proceedings which was available to them during the investigation but not submitted for the Investigator to consider;   

7.E.vi Whether the student requires any support to effectively engage with the meeting;   

7.E.vii The support available to the student from Student Wellbeing, the Student Support Centre, and the Students’ Union Advice Centre;   

7.E.viii The student’s right to be accompanied at any investigative interview(s) by a supporter who will be a member of staff or student of the University or a staff member from the Students’ Union Advice Centre. The supporter may not talk on the student’s behalf; they are there to provide support to the student, only. A supporter will not be allowed to contribute materially to the investigative procedure. If the supporter acts outside of these parameters the meeting will be suspended, and the supporter will be asked to leave. If the student is unable to continue the meeting without the supporter, it will be at the authorised officer’s discretion (based on the context of what has occurred and based on what evidence has been obtained at that point) as to whether one further attempt to hold the meeting shall be made;   

7.E.ix      Where a student is under the age of 18 they are entitled to invite a parent or guardian as a supporter.     

7.E.x The student’s right to have a third party (i.e. professional union, or legal representation) who may act as and represent the student, provided the student has given written authority for that representative to act on their behalf. The same rules apply as per R.7.B. 

  

7.F The investigative interview will be conducted as follows: 

  

7.F.i The Investigator will introduce those present; 

7.F.ii The Investigator will inform the student that a written record of the interview will be taken, and a copy provided to the student. The student will be informed that they will be required to check the accuracy of the record, sign and return it to the investigator;   

7.F.iii The Investigator will explain the context of the interview in the Fitness to Practise Process, provide an overview of the interview proceedings and explain the process for notifying the student of the outcome;   

7.F.iv The Investigator will restate the specifics of the allegation of impairment of fitness to practise;   

7.F.v The student will be invited to respond to the allegations (to admit, partly admit, or deny), to explain or to extenuate the allegations or to mitigate any sanction and should submit their written statement and evidence, if prepared;   

7.F.vi Both parties will have an opportunity to ask questions. 

  

7.G If the student fails to attend the investigatory interview and the Investigator is satisfied that no sufficient notice and reason has been given by the student for non-attendance, the Investigator will continue to deal with the alleged impairment of fitness to practise in the student's absence. 

  

7.H The Investigator will submit their findings and relevant documentation to the Head of School upon conclusion of their investigation. This will outline the process followed, the evidence gathered, and the Investigator’s conclusions. The student will be issued with a copy of the findings and minutes by the Investigator and advised of the next steps of the process. 

8.A The Head of School will, no later than 5 working days after receipt of the report from the Investigator determine whether, in light of all the evidence:   

• The student has no case to answer; 
• The student has a case to answer but the matter falls below the threshold of requiring a School Fitness to Practise Panel, or; 
• The student has a case to answer and the matter is sufficiently serious to warrant the convening of a School Fitness to Practise Panel to reach a final decision. 

In reaching their determination, the Head of School may consult with members of the School’s Senior Leadership Team, who are not involved in the process or responsible for supporting or making decisions about the student, if required. 

  

8.B If the student has a case to answer but the Head of School determines the matter falls below the threshold of requiring a School Fitness to Practise Panel, the Head of School may impose one or more of the following penalties:   

8.B.i An oral caution in respect of the conduct that gave rise to the allegation;   

8.B.ii Issue a warning with a written note retained on the student’s file; the warning may stipulate that further instances of the conduct that gave rise to the allegation may result in direct referral to the School Fitness to Practise Panel;   

8.B.iii Require that the student makes good the cost, in whole or in part, of any damage caused or replacement required;   

8.B.iv Require the student to make an undertaking with regards their conduct. Undertakings are effective where a student acknowledges the impairment, has insight and shows they are willing to address any underlying issues. Undertakings may include but are not limited to:   

• • Preparing a written apology; 

• • Preparing a written reflection on the incident(s) leading to the concern; 

• • Agreeing to engage with appropriate support or assessment within a given timeframe, such as via Student Wellbeing, or via Occupational Health 

  

The Head of School must set clear timescales for compliance with any penalties. If a student does not accept or comply with a penalty this will result in immediate referral to the School Fitness to Practise Panel. 

  

8.C If the student has a case to answer and the matter is deemed sufficiently serious, the Head of School will, no later than 2 working days after consulting a member(s) of the School’s Senior Leadership Team, ask that a School Fitness to Practise Panel is convened. 

  

8.D The Head of School will notify the student by letter and email (copied to the student’s Personal Academic Tutor and the Investigator) of:   

8.D.i The outcome of the investigation;   

8.D.ii Whether the matter is to be referred to a School Fitness to Practise Panel or not, together with full details of the reason for referral/non-referral and procedures to be adopted;   

8.D.iii Details of any penalty or penalties imposed;   

8.D.iv The imposition, cessation, continuance, or alteration of any conditions/limitations placed on the student's studies. 

  

The Head of School may provide written guidance to the Personal Academic Tutor on the development of a supportive action plan for the student, if appropriate within the context of the case. 

9.A A School Fitness to Practise Panel will, save in exceptional circumstances, be convened within 20 working days of the referral. 

  

9.B The Panel will comprise:   

9.B.i A Chair (from a pool as agreed by the Head of College) who will be the Convenor and responsible for the Panel process;   

9.B.ii One academic staff representative from the professional programme on which the student is enrolled;   

9.B.iii One academic staff representative from another professional programme subject to these Regulations from within the University;   

9.B.iv One professional registered to practise with the relevant profession who contributes to teaching or placement provision but is not a member of the University;   

9.B.v A Student Leader nominated on behalf of the Students’ Union. 

  

The Chair will give appropriate consideration to diversity when convening a Panel. 

  

The quorum for the School Fitness to Practise Panel will be 4 (of the above) but must include the Chair and a professional registered to practise with the relevant profession. 

  

None of the Panel members will have had any previous connection or involvement with the case. 

  

The student’s Personal Academic Tutor may not be a member of the Panel but can attend as the student’s supporter, withdrawing from the meeting during the Panel's deliberations. 

  

At the discretion of the Chair, the Panel may also call upon other persons to provide advice on specific aspects of the case, in writing or in person. This may include Occupational Health representatives, a member of Student Wellbeing staff, or individuals with relevant legal expertise. Such individuals should not have prior knowledge of the student. 

  

9.C There will be a Panel Secretary who will support the Chair with arranging the panel, ensuring these regulations are adhered to, and taking appropriate panel minutes. 

  

9.D The case against the student will be presented by the Investigator (or nominee). The Investigator will withdraw from the meeting during the Panel’s deliberations. 

  

9.E The Chair (or the Panel Secretary) will notify the student, by University email and letter to term time address, of the Panel meeting, setting out: 

  

9.E.i The date and time of the proposed Panel meeting, ensuring 10 working days’ notice is given for the student to prepare their case;   

9.E.ii The identity of the Panel members;   

9.E.iii The specifics of the allegations, of impairment of fitness to practise, providing a copy of the Investigator’s report and evidence;   

9.E.iv An invitation for the student to provide a written statement in response to the allegations and Investigator’s report and deadline for submission; students may not introduce evidence at this stage of proceedings which was available to them during the investigation but not submitted for the Investigator to consider;   

9.E.v The Panel proceedings by way of provision of these Regulations;   

9.E.vi Whether the student requires any support to effectively engage with the Panel meeting;   

9.E.vii The guidance and support available to the student from Student Wellbeing, the Student Support Centre, and the Students’ Union Advice Centre;   

9.E.viii The student’s right to be accompanied at the Panel by a supporter who will be a member of staff or student of the University or a staff member from the Students’ Union Advice Centre. The decision on whether they can attend to support the student is at the discretion of the individual or service. The supporter may not talk on the student’s behalf; they are there to provide support to the student, only. The student will confirm the name and status of the person accompanying them in writing to the Chair (or Panel Secretary) no fewer than 5 working days before the Panel meeting. The confirmation will set out the supporter’s relationship to the student and the reason for the person's attendance;   

9.E.ix       Where a student is under the age of 18 they are entitled to invite a parent or guardian as a supporter.     

9.E.x The student’s right to have a third party (i.e. professional union, or legal representation) who may act as and represent the student, provided the student has given written authority for that representative to act on their behalf. If engaging representation now, written authority must be given to the Chair. The same rules otherwise apply as per R.7.B. 

  

9.F All information on which the student and Investigator intend to rely must be made available to the other party and to the Panel at least five working days before the date of the Panel. 

  

9.G The student will be required to attend the meeting. If the student fails to attend without a reasonable explanation, the Panel will consider the case in the student’s absence. The Chair of the Panel will have discretion as to what constitutes a reasonable explanation. 

  

9.H The Panel meeting will be held in private. 

  

9.I The Panel meeting will proceed as follows:   

9.I.i The student, their supporter, the Investigator, and other staff as appropriate will be invited to join the Panel meeting;   

9.I.ii The Chair will confirm whether any Panel member has been personally involved in the student’s case at any prior stage and, if so, will ask them to withdraw from the Panel meeting;   

9.I.iii The Chair will introduce by name and explain the functions of the members of the Panel, the investigator and any others present;   

9.I.iv The Chair will explain the sequence of proceedings and the powers of the Panel;   

9.I.v The Chair will invite the Investigator to summarise the case on behalf of the University and provide relevant testimony (in the form of presentation of pivotal items of evidence or witness statements). The Panel and the student will then be entitled to ask questions of the Investigator;   

9.I.vi The Chair will invite the student to summarise their case and provide relevant witness testimony (in the form of presentation of pivotal items of evidence or witness statements). The Panel and the investigating officer will then be entitled to ask questions of the student;   

9.I.vii The Chair will invite any other person(s) called upon by the Chair to attend the meeting to make a brief statement. The Panel, the investigating officer and the student will then be entitled to ask questions of these persons;   

9.I.viii At each stage the Chair has discretion to allow reciprocal questioning by the various parties;  

9.I.ix When the Chair is satisfied that the Panel has completed its questioning and the student has had a full opportunity to convey information to the Panel, all parties will withdraw from the hearing to enable the Panel to reach its decision in private. If during its private deliberations the Panel requires further evidence or clarification of any aspect of the case, it must reconvene with all parties in attendance. 

  

9.J A 3-step approach (Finding of fact, Impairment of fitness to practise, and Imposition of sanction) will be adopted by the Panel in reaching its determination. 

  

Step 1 - Finding of fact: The Panel will satisfy itself whether on the balance of probabilities (meaning, based on the evidence available, the occurrence of the event was more likely than not) the evidence adduced by the University supports a finding of fact. 

  

Step 2 - Impairment of fitness to practise: In the event that the allegations are well founded the Panel will engage in a 2-step process to determine impairment of fitness to practise. 

  

The Panel will first decide whether the finding of fact constitutes:   

9.J.i Misconduct, being either personal and/or professional misconduct, including:   

• • alleged breaches of professional codes of conduct/practice;  

• • cheating or plagiarism;  

• • dishonesty or fraud;  

• • drug or alcohol misuse;  

• • persistent inappropriate behaviour;  

• • aggressive, violent or threatening behaviour.  

9.J.ii Lack of capability/competence/deficient professional performance;  

9.J.iii A conviction or caution for a criminal offence;  

9.J.iv Adverse physical or mental health; to include health concerns and insight or management of these;  

9.J.v Not possessing the necessary knowledge of English;  

9.J.vi A determination by a regulatory or licensing body (either in the UK or overseas) of impairment of fitness to practise (regardless of whether or what sanction was imposed).  

The Panel must then determine whether, as a result, they find that the student’s fitness to practise is impaired. A range of sources may be used by the Panel to support its decision, including the University, programme or regulatory code of conducts, testimonials, and evidence of actual or potential for remedial action. Where a Professional Body’s Standards dictate that a Panel considers specific factors when making a determination on impairment, these factors must also be considered and such deliberations recorded in the Panel minutes. 

  

Step 3 - Imposition of sanction: In making its decision on sanction the Panel should consider a range of factors including: 

i. Patient/service user and public safety; 

ii. The fundamental tenets of professional practise; 

iii. The mitigating and aggravating factors of the case; 

iv. Any mitigating circumstances presented by the student; 

v. Public perception and the reputation of the University.

The Panel should consider all possible sanctions in turn and determine whether or not their application would be appropriate in the given circumstances.    

Where a student’s fitness to practise is not impaired, the Panel may apply either: 

i. No warning or sanction; 

ii. A warning.

  

 Where a student’s fitness to practise is impaired, the Panel may apply one or more of the following: 

 i. No warning or sanction;

 ii. Permit the student to continue with the programme, requiring an undertaking. Undertakings are effective where a student acknowledges the impairment, has insight and shows they are willing to address any underlying issues;

iii. Permit the student to continue, with specific conditions. Conditions are appropriate where there is significant concern about a student and the Panel is satisfied that such remedial or supervisory conditions will address such concerns. The student must meet any conditions set within the timeframes determined reasonable by the Panel. The Panel will specify who will monitor compliance with any condition(s) and how they will be monitored. The failure of a student to meet a condition set by the Panel will require the initiation of investigation of an allegation of impairment of Fitness to Practise;

iv. Refer the student to Student Wellbeing or Student Support for support or assessment, as might be appropriate;

 v. Refer the case to the relevant Board of Examiners for consideration of whether or not a reassessment of a specified part or parts of the programme may be permitted under the University Assessment Regulations;

 vi. Refer the matter to an appropriate authority such as the Police;

 vii. Suspend the student from their studies for a specified time or until the occurrence of a specified event, the time period to be agreed by the Panel. Suspension will normally take effect immediately;

viii. Terminate the student’s registration on the programme with or without support for an application for an alternative academic qualification. Termination will normally take effect immediately. Termination is appropriate if the Panel considers that the student’s behaviour is fundamentally incompatible with continuing on their professional programme or subsequently practising the relevant profession.

  

9.K The Panel Secretary will produce minutes of the Panel meeting within 5 working days. The minutes must set out: 

• Who attended; 

• A chronological summary of the panel meeting proceedings and evidence considered; 

• The Panel’s deliberations, using the 3-step approach as a structure, and setting out why any given sanctions were applied, and not others.  

  

9.L The finding of the Panel, the reasons for its decision and a determination of whether the student may continue on their programme of study pending the outcome of any appeal will be communicated by letter and email by the Chair to the student within 5 working days of the hearing.  Where a sanction short of termination is applied, the Chair will provide written guidance to the student’s Personal Academic Tutor and if appropriate, any other relevant individual designated by the School, on the development of a supportive action plan for the student, appropriate to the context of the case. The communication will include details of the appeal stage of the process should the student wish to invoke it. 

  

9.M Except where there has been a finding that there is no case to answer or a referral to the Cause for Concern Process, decisions of the Panel will be reported by the Chair to the relevant Board of Examiners. The relevant professional or accrediting body will be informed as appropriate to their reporting requirements. 

  

9.N Following suspension or programme termination, students wishing to collect documentation or access University systems in support of any appeal against the decision of the Panel must contact the Legal and Compliance Services Team. An Officer will coordinate access within the bounds of reasonableness. 

10.A A student may lodge an appeal against a finding of the School Fitness to Practise Panel. An appeal must be lodged with the Legal and Compliance Services Team within 10 working days of the date of the notification of the outcome of the School Fitness to Practise Panel. The appeal must be lodged on the form provided (available from the Legal and Compliance Services Team) and must include: 

  

10.A.i A precise identification of the decision of the School Fitness to Practise Panel against which the appeal is lodged;   

10.A.ii Precise identification of the formal ground of appeal;   

10.A.iii A statement of the appellant’s case;   

10.A.iv Evidence establishing that an appeal is warranted. Wherever possible, such evidence must be in documentary form. If the appeal is lodged on the grounds of new evidence available, the student must establish a valid reason as to why the evidence could not reasonably have been brought to the attention of the School Fitness to Practise Panel at the appropriate time. 

  

10.B An appeal may be lodged on the following grounds only:   

10.B.i There is new evidence available which could not reasonably have been brought to the attention of the School Fitness to Practise Panel;   

10.B.ii There has been a procedural irregularity;   

10.B.iii There is evidence of prejudice or bias. 

  

10.C On receipt of an appeal, an Officer will, within 5 working days, obtain the School Fitness to Practise Panel files. 

  

10.D The Academic Registrar (or nominee) and an independent Head of School with programmes subject to these Regulations will review the appeal, Panel files and will determine whether the reasons given by the student are sufficient for an appeal to proceed provided. These deliberations will be minuted by an Officer. 

  

10.E If the Academic Registrar and Head of School do not consider the reasons to be sufficient, the appeal cannot proceed further, and the Legal and Compliance Services Team will issue an outcome letter setting out the reasons for the decision and they will issue a Completion of Procedures letter, advising the student of the right to complain to the Office of the Independent Adjudicator for Higher Education. 

  

10.F If the Academic Registrar and the Head of School consider the reasons to be sufficient, the appeal will proceed to a hearing by the University Fitness to Practise Panel. 

11.A Following referral of an appeal to the University Fitness to Practise Panel, the Vice Chancellor will appoint a member of the Senior Leadership Team to Chair the Panel.  

The University Fitness to Practise Panel will review the process undertaken by the School Fitness to Practise Panel, consider further representation from the student and the Chair of the School Fitness to Practise Panel and reach a final decision on the case. 

  

11.B The Panel will comprise:   

11.B.i The Chair (appointed by the Vice Chancellor);   

11.B.ii One senior academic from the College in which the student is/was enrolled;   

11.B.iii One senior academic from another professional programme within the University;   

11.B.iv One professional registered with the relevant profession who contributes to teaching or placement provision but is not a member of the University;   

11.B.v A nominated Student Leader on behalf of the Students’ Union. 

The quorum for the University Fitness to Practise Panel will be 4 (of the above) but must include the Chair and a professional registered to practise with the relevant profession.   

None of the Panel members will have had any previous connection or involvement with the case.   

The Panel will have a Secretary who will normally be the Officer responsible for facilitating the appeal process. 

  

11.C The Chair of the School Fitness to Practise Panel and the appellant will be required to attend the University Fitness to Practise Panel (hereafter the ‘Hearing’). 

  

11.D The Secretary will give the appellant and the Chair of the School Fitness to Practise Panel reasonable notice of the Hearing and, where possible, a minimum of 10 working days. The notice of investigation email will advise the student that they may be accompanied by a supporter who will be a member of staff or student of the University or a staff member from the Students’ Union Advice Centre. The decision on whether they can attend to support the student is at the discretion of the individual or service. The student has the right to have a third party (i.e. professional union, or legal representation) who may act as and represent the student, provided the student has given written authority for that representative to act on their behalf. If engaging representation now, written authority must be given to the Chair. The same rules otherwise apply as per R.7.B. 

  

11.E Where a student is under the age of 18 they are entitled to invite a parent or guardian as a supporter.   

  

11.F Both parties will have the right to call witnesses where the facts leading to the fitness to practise concern are disputed; the Secretary must be notified of any intended witnesses at least 7 working days before the date of the Hearing. 

  

11.G Failure of the student to attend the Hearing without good cause (as determined by the Chair of the University Fitness to Practise Panel) will result in the consideration of the case in the appellant’s absence. 

  

11.H No fewer than 5 working days before the Hearing, the Secretary will circulate to the Panel, the appellant, and the Chair of the School Fitness to Practise Panel the following:   

11.H.i The assessment Regulations for the scheme or award;   

11.H.ii The requirements of the relevant professional body/regulator including any code of conduct;  

11.H.iii Minutes of the School Fitness to Practise Panel and all documents considered by the Panel;   

11.H.iv Notification of any intended witnesses;   

11.H.v The appellant’s form of appeal;   

11.H.vi Any documentary evidence submitted by either party. 

  

11.I The hearing will proceed as follows:   

11.I.i The appellant, their supporter, the Chair of the School Fitness to Practise Panel will be invited to join the meeting;   

11.I.ii The Chair will confirm whether any Panel member has been personally involved in the student’s case at any prior stage and, if so, will ask them to withdraw from the meeting;   

11.I.iii The appellant will present their case first. Any witnesses for the appellant should be called to give evidence at this stage. The Panel and the Chair of the School Fitness to Practise Panel will be entitled to ask questions of the appellant and/or witnesses. The appellant’s witnesses will then withdraw from the Hearing;   

11.I.iv The Chair of the School Fitness to Practise Panel will present the case for the School Fitness to Practise Panel. Any witnesses for the Chair of the School Fitness to Practise Panel should be called to give evidence at this stage;   

11.I.v The Panel and the appellant will be entitled to ask questions of the Chair of the School Fitness to Practise Panel and/or any witnesses. The Chair of the School Fitness to Practise Panel’s witnesses will then withdraw from the Hearing;   

11.I.vi The Chair of the School Fitness to Practise Panel will next summarise the case of the School Fitness to Practise Panel;   

11.I.vii The appellant will summarise their case;   

11.I.viii Both the Chair of the School Fitness to Practise Panel and the appellant will withdraw from the Hearing to allow the Panel to reach its decision in private.  

  

11.J The Panel will, with reference to the evidence and relevant professional codes, may either uphold or not uphold the appeal. The Panel may make any recommendations it considers appropriate having reviewed the evidence and heard from all parties. This may include reducing or increasing any sanction imposed by the School Fitness to Practise Panel. 

  

11.K The Panel Secretary will produce minutes of the Panel meeting within 5 working days. The minutes must set out:   

• Who attended; 

• A chronological summary of the panel meeting proceedings and evidence considered; 

• The Panel’s deliberations and rationale for its decision(s), including its rationale should it amend any sanctions applied to the student. 

  

11.L The decision of the University Fitness to Practise Panel and the reasons for its decision will be communicated in writing by the Secretary to the student within 5 working days of the Hearing. The decision of the Panel is final. This will include issuing a Completion of Procedures letter, advising the student of the right to complain to the Office of the Independent Adjudicator for Higher Education. 

  

11.M The decision of the Panel will be reported to the School Fitness to Practise Panel, the relevant Board of Examiners, and the relevant professional body/regulator as appropriate. 

12.A Heads of School may make arrangements for the monitoring/overview of the process and outcomes under these procedures in a way which aligns with their relevant Professional or Regulatory Body’s standards or best practice guidance (i.e. to identify and respond to trends). 

  

12.B Annual monitoring and evaluation of these procedures is the responsibility of the Legal and Compliance Services Team, on the basis of information and data supplied by Colleges 

  

12.C Heads of College will provide the Legal and Compliance Services Team with information annually on the following:   

12.C.i The number of cases heard by School Fitness to Practise Panels.   

12.C.ii The reasons for the submission of cases to the School Fitness to Practise Panels.   

12.C.iii The outcomes of School Fitness to Practise Panels. 

  

12.D The Legal and Compliance Services Team will submit an annual report to Academic Board, together with any recommendations for amendment to the procedures or other action 

  

12.E The University reserves the right to amend the Fitness to Practise Regulations in light of changes to government policy, professional body/regulatory requirements or changes to University policy. 

13.A Records of any sanctions imposed upon students will be kept on their Student Record in accordance with Data Protection legislation.

14.A A student dissatisfied with the outcome of proceedings under these Regulations has the right to submit an application to the Office of the Independent Adjudicator (OIA), an independent review body, for the outcome to be reviewed independently of the University. This right may normally only be exercised when the University’s internal processes have been exhausted. 

  

14.B A complaint to the OIA must be made within 12 months of the date of the Completion of Procedures letter, sing the OIA’s prescribed form. 

  

14.C Guidance on submitting a complaint to the OIA can be found on its website. 

  

14.D Students may obtain assistance with OIA claims from the Student Support Centre and the                  Students’ Union Advice Centre.