Regulation 18: Fitness to Practise

Contents

1) Purpose and Scope

2) School Committees

3) Temporary Suspension of Study

4) Fitness to Practise Committee

5) Conduct of Hearings by the Fitness to Practise Committee

6) Appeals Against Decision of the Fitness to Practise Committee

7) The Fitness to Practise Appeals Committee

8) Conduct of Hearings by the Fitness to Practise Appeals Committee

9) Grievance

1. Purpose and Scope

1.1 Students registered on a programme of study that requires them to undertake practical training in a professional role in relation to patients, pupils, clients or service-users, or where the end qualification provides a direct license to practise or is a requirement for a licence to practise, are subject to this Regulation on fitness to practise

1.2 The purpose of this Regulation is to give effect to the University’s duty to ensure that such students are fit to practise, in order to protect present or future patients, pupils, clients or service users and to comply with the requirements of professional/regulatory bodies and to maintain public confidence.

1.3 There shall be a School-based Committee in each School offering such academic programmes (see 2 below), and there shall be a Fitness to Practise Committee (see 4 below) and Fitness to Practise Appeals Committee (see 7 below).

1.4 If students registered on a programme of study are subject to this Regulation, this shall be stated in the Course Regulations for that programme of study.

1.5 If any student subject to this Regulation is the subject of alleged or proven academic misconduct (Regulation 8) or disciplinary offence (Regulation 20), this shall be disclosed without prejudice to the Head of School, so that any implications regarding fitness to practise may be considered.

1.6 The basis for any determination or action concerning the fitness to practise of a student shall be the relevant professional requirements and code of behavior.  The standard of proof required shall be the balance of probabilities.

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2. School Committees

2.1 Each School offering one or more programmes of study to which 1.4 is applicable shall have a Committee, to monitor and if necessary investigate the professional behavior of students.  

2.2 The constitution and operation of the School Committee shall be defined in Course Regulations, including arrangements for students to make representations, and shall take into account the requirements of the relevant professions.

2.3 Normally, suspected breaches of professional behaviour shall be considered first by the School Committee, which, if deemed appropriate may issue warnings and/or apply appropriate remedial measures on the authority of the Head of School or may refer cases to the Fitness to Practise Committee (see 4 below).

2.4 The School Committee may report or refer a suspected breach of professional behaviour to the employer or professional body for investigation and action if appropriate. If such a referral is made, the Chair of the Fitness to Practise Committee and Head of Governance and Quality Assurance shall be notified.

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3. Temporary Suspension of Study

3.1Where necessary to protect the interests of patients, pupils, clients or service users, the student concerned, other students, members of staff of the University, or the public, the Head of School or a senior member of staff acting for the Head of School can suspend a student’s studies, with immediate effect or following a hearing, and limit access to University facilities or premises pending investigation under the Fitness to Practise procedure. Incidents requiring this action may include (but will not be limited to) the following:

i) A student has been directly implicated in an incident with a patient, pupil, client or service user that either led or may have led to significant harm to that patient, pupil, client or service user;

ii) A student has been convicted of a crime or is being investigated in relation to a crime that brings his/her fitness to practice into question;

iii) A student has been directly implicated in an incident with a patient, pupil, colleague, or member of staff, client or service-user that leads to serious concerns about the student’s professional behavior.;

iv) A student’s health and/or behavior. is a cause for concern in terms of its impact on themselves, the care of patients or relationships with colleagues, members of staff, pupils, clients or service-users.

3.2 The student is to be informed of the suspension orally in person by a senior member of the staff of the School, of the reasons for it and the processes that will follow in the presence of a witness. The student is entitled to be accompanied at the meeting by a current member of the University. If a meeting is not possible, the decision should be conveyed by telephone. The decision should be confirmed in writing within two working days.

3.3 Unless the matter is deemed to be of immediate serious concern by the appropriate senior member of staff within the School, no student shall be suspended without having been given the opportunity to make representations in support of his or her case. The representations may be made in person or in writing to the senior member of staff within the School making the decision in connection with the suspension. In cases that are deemed to be of immediate serious concern, a student may be suspended with immediate effect. In such circumstances, an opportunity will be given to the student to make representations as soon as is reasonably practicable thereafter.

3.4 The Head of Governance and Quality Assurance shall be informed as soon as practicable of any suspension and shall confirm in writing the suspension and any other restrictions in writing as soon as practicable.

3.5 The Dean of the Faculty or designated deputy shall be informed of any suspension within two working days.

3.6 The temporary suspension of a student shall be reviewed by the Head of School at least once every 20 working days.

3.7 The Head of School or senior member of staff acting for the Head of School will ensure referral to the relevant School Committee, which will review the suspension every 20 working days.

4. Fitness to Practise Committee

4.1 The Fitness to Practise Committee shall address cases referred to it by any School offering academic programmes which are subject to the Regulation on Fitness to Practise

4.2 Students whose fitness to practise is in doubt shall be referred to the Fitness to Practise Committee by their School Committee, Progress Committee, or other competent School officer or committee.

4.3 The Fitness to Practise Committee shall consider, make a determination and take action as appropriate in respect of:

      i) any conduct which may render that student a person not fit to be admitted to and practice that profession or which contravenes a requirement for a licence to practice; or

      ii) any health problem which may render that student a person not fit to be admitted to and practice that profession or which contravenes a requirement for a license to practice

4.4 The Fitness to Practise Committee shall be constituted as follows:

      i) The Dean of the Faculty concerned or his/her nominee (to be Chair)

      ii) One senior member of staff of the University (not from the Faculty concerned) to be nominated by the Vice-Chancellor

      iii) An external member (for example a serving or previous member of an NHS Trust Board, Head Teacher or an external representative with relevant professional body membership) to be nominated by the Vice-Chancellor

      iv) The Heads of Schools that have programmes subject to this regulation or their nominees

The Committee shall be quorate if a simple majority of the members listed in 4.4 (i) - (iii) is present.

The Committee membership should reflect the professional discipline of the case under consideration

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

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

4.5 Powers of the Fitness to Practise Committee

      4.5.1 The Committee may, following consideration of the case in the light of the relevant professional requirements and code of behaviour:

            i) dismiss the case, or

            ii) permit the student to continue with the programme with appropriate advice and guidance, or

            iii) permit the student to continue with the programme under close supervision, or

            iv) suspend the studies of the student for a specified time, or

            v) require the student to be reassessed in a specified part or parts of the programme, or

            vi) require any other action considered appropriate by the Committee to facilitate the student’s successful completion of the remainder of the programme or

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

            viii) direct that the student’s studies on a programme be terminated and that his / her registration as a student of the University should cease, or

            ix) permit a combination of the above.

      4.5.2 In the case of a student who has been referred to the Fitness to the Practise Committee and has submitted an appeal to the University Academic Appeals Committee, and where these matters are linked, or where it will help to resolve the student’s position more quickly, the Fitness to Practise Committee may, with the consent of the Chair of the University Academic Appeals Committee, consider both matters. The relevant provisions of Regulation 7 of the University Regulations will apply to the academic appeal.

4.6 Where it proves impossible to continue to offer the programme because a student is deemed by the Committee to be incapable on non-academic grounds (such as health) of completing it and will not therefore be fit to practise, the student’s registration will be suspended whilst reasonable effort is made to offer an appropriate alternative course of study. However, if it is not possible to identify an appropriate alternative course of study, the student will be required to withdraw from the University.

4.7 Where a student is allowed to continue with the programme, or when the studies have been temporarily suspended, he or she may be required to meet with the Committee on further occasions in order that progress can be monitored.

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5. Conduct of Hearings by the Fitness to Practise Committee

5.1 Information

      i) When a student is referred to the Fitness to Practise Committee, the referring body or individual will be requested to provide written comments on the student’s conduct and/or health which could include an Occupational Health report, explaining why there is concern as to the student’s fitness to practice Factual information about the student’s professional progress in the course and any other relevant documentation should also be provided. These will be sent to the Committee Secretary, who will send a copy to the student.

      ii) Having received the papers referred to in (i), the student will be required to submit his or her case in writing supported by relevant documentary evidence, to be received by the Committee Secretary not less than ten working days before the meeting.

      iii) All the written material collated will be scrutinised to ensure it is sufficient to proceed with the hearing. The Chair may request additional information or witnesses, for example requiring the student to attend for an occupational health, medical or disability or other report where none exists otherwise.

      iv) The Committee has discretion to seek legal and professional advice where appropriate.

      v) All written material collected will be circulated to members of the Committee by the Committee Secretary.

      vi) Any written communication to the student will be posted to the registered semester-time address last supplied by the student, or, during vacations, to his or her home address if this is different from the semester-time address. It is the student’s responsibility alone to ensure that his or her current addresses are made known to the School concerned and to the University as required.

5.2 Attendance

      i) The student will be given at least 15 working days' notice of the date of the meeting.

      ii) The student will be required to attend the meeting in person. If the student fails to attend without reasonable and timely explanation, the Committee will consider the case in the student’s absence. The Chair will have discretion as to what constitutes a “reasonable and timely explanation” e.g., production of a medical certificate and / or credible documentary evidence of exceptional circumstances.  If the student elects not to submit his or her case, or withdraws from the University before or during consideration of the case, the Committee shall complete its consideration of the case.

      iii) At the discretion of the Chair, members of Keele University staff relevant to the case may be required to attend the meeting.

      iv) At the discretion of the Chair, the Committee may also call upon other persons to provide advice on specific aspects of the case.

      v) The School’s case will be presented by the Head of School or his or her nominee, who may call witnesses in support of the case.

      vi) The student may also call witnesses in support of his/her case and be accompanied by a member of the University as defined by Statute 2 willing to act as his/her friend or representative at the hearing. Notification of the names and designations of the witness(es) and friend or representative must be provided at the same time as provision of other supporting documentary evidence (see 5.1(ii) above).

5.3 Conduct of the hearing

      i) Prior to the meeting, the Secretary to the Committee will ensure the student is in possession of copies of all documents circulated to members of the Committee and is aware of the procedures to be followed. These procedures may involve a period of adjournment at the discretion of the Chair.

      ii) The student, their friend or representative (if attending) and other staff attending will join the Committee at the same time. Any witness(es) may be called as required during the meeting.

      iii) The Chair will introduce by name and explain the responsibilities of the members of the Committee, the other staff attending, and any others present.

      iv) Where a member declares an interest, which shall include the member having had a prior close responsibility in the case, that member shall take no part in consideration of the case other than to provide general information at the request of the Chair on the subject and/or professional context but without reference to the particular case under consideration.

      v) The Chair will explain the procedure of the meeting and the powers of the Committee.

      vi) The Chair will invite the Head of School (or nominee) to present the case. The Chair will invite the student or his/her friend or representative to present their case. The Chair will call witnesses on behalf of the School and/or the student at the request of the student or his/her friend or representative or the Committee.  If a witness is a minor or vulnerable adult, the Chair will have discretion to allow the witness to be accompanied or to give evidence and respond to questions remotely or anonymously, as appropriate to the circumstances.

      vii) Once the Chair is satisfied that all questioning is completed, and testimony heard, members of the Committee (excluding the Secretary) will be asked to withdraw from the room. The Committee will then discuss the case in private.

      viii) If for any reason the Committee requires further clarification of any aspect of the case, relevant parties may be invited back into the meeting. The student and his/her friend or representative (if attending) and Head of School/nominee have the right to hear this clarification of evidence. Those persons (if not members) will then be asked to withdraw from the room.

      ix) Having considered all the evidence and reached their decision on the student’s fitness to practise, the Chair will invite all relevant parties to return to the meeting.

      x) The findings of the Committee will be conveyed to the student if present. If the findings put at risk a student’s fitness to practise, he or she will be invited to comment before the Committee decides upon action to be taken.

      xi) The Chair has discretion to allow variation in the conduct of the hearing, as circumstances require, including adjournment of the hearing, for example to allow conflicting evidence to be resolved.

      xii) Following consideration of appropriate actions to be taken by the Committee, the final decision will be conveyed to the student and the Head of School at the time and confirmed in writing by recorded delivery, as soon as practicable.  The Head of Governance and Quality Assurance shall also be notified.

      xiii) The Secretary will ensure that a full contemporaneous and accurate written record of the meeting is kept. The record of the meeting remains confidential within the University, subject to the provisions of the Data Protection Act (1998), and, where appropriate, the Medical Act 1983 (Section 35A).  Graduates may be required to make a self-declaration at the point of registration with regard to any Fitness to Practise judgements made against them whilst at Keele University. The record of the meeting is to be kept indefinitely.

      xiv) The University may disclose, voluntarily or on request, to a relevant professional body, academic institution, healthcare service provider or the Disclosure and Barring Service the record or findings of a case considered by the Committee.   

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6. Appeals Against Decision of the Fitness to Practise Committee

6.1 A student may appeal against the finding regarding fitness to practise and/or the sanction applied by the Fitness to Practise Committee.

6.2 Appeals can be made only on one or both of the following grounds:

      i) procedural irregularity in the conduct of the case;

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

6.3 Appeals shall be submitted in writing to the Student Conduct Manager within 15 working days of the date of the letter sent to the student informing them of the decision of the Fitness to Practise Committee.

6.4 The Student Conduct Manager will then consult with the Chair of the Fitness to Practise Appeals Committee (see 7 below) or other delegated member. If they are of the view that no prima facie case exists, the Student Conduct Manager will so advise the student, stating the reasons. In such circumstances it will be open to the student to follow the provisions of the University Grievance Procedure (see 9 below).

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7. The Fitness to Practise Appeals Committee

7.1 The Fitness to Practise Appeals Committee shall be constituted as follows

      i) two senior members of staff of the University (not from the same Faculty as the student, one to be the Chair) to be nominated by the Vice-Chancellor

       ii) A lay member (not a member of the University), to be nominated by the Vice-Chanellor

      iii) the Deans of the other two Faculties or senior members of the Faculties nominated by the Deans, those attending must not have been a member of the Fitness to Practise Committee

      iv) two senior members of the Facuty concerned nominated by the Dean of the Faculty, which may include the Dean if not a member of the Fitness to Practice Committee.

The committee shall be quorate if a simple majority of the members listed in 7.1 (i) – (iv) is present.

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

No member of the Fitness to Practise Committee who has previously considered the case shall be eligible to be a member of the Fitness to Practise Appeals Committee.

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

7.2 Powers of the Fitness to Practise Appeals Committee

      i) Save as provided for under (ii) below, the Fitness to Practise Appeals Committee shall have no power to overrule the judgement of the Fitness to Practise Committee but is empowered to refer a case back to the Fitness to Practise Committee for reconsideration in the light of the new evidence and the Committee's findings. In such circumstances, the Fitness to Practise Committee shall consider the case afresh.

      ii) Where the appeal derives from a proven procedural irregularity in the conduct of the Fitness to Practise proceedings, the Fitness to Practise Appeals Committee shall be empowered to grant whatever remedy it considers reasonable and practicable in the circumstances, which may include referring the case back to the Fitness to Practise Committee.

      iii) In the case of a student who has submitted appeals both to the Fitness to Practise Appeals Committee and to the University Academic Appeals Committee, and where these are linked, or where it will help to resolve the student’s position more quickly, the Fitness to Practise Appeals Committee may, with the consent of the Chair of the University Academic Appeals Committee, consider both appeals. In such a case, the relevant provisions of Regulation 7 of the University Academic Regulations will apply to the academic appeal.

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8. Conduct of Hearings by the Fitness to Practise Appeals Committee

8.1 Information

The Secretary to the Fitness to Practise Appeals Committee shall:

      i) request a copy of the papers which were before the Fitness to Practise Committee and the record of the meeting;

      ii) request any other reports or information relevant to the appeal;

      iii) notify the student no less than 15 working days prior to the hearing of the date, time and location of the hearing;

      iv) provide the Committee and the student normally within 10 working days in advance of the hearing with a copy of all papers relevant to the appeal.

8.2 Attendance

      i) The student shall have no less than 15 working days notice of the date, time and location of the hearing.

      ii) The student shall be required to attend the meeting in person. If the student fails to attend without reasonable and timely explanation, the Committee will consider the case in the student’s absence. The Chair will have discretion as to what constitutes a “reasonable and timely explanation” e.g., production of a medical certificate and/or credible documentary evidence of exceptional circumstances.

      iii) At the discretion of the Chair, members of Keele University staff relevant to the case may be required to attend the meeting.

      iv) At the discretion of the Chair, the Committee may also call upon other persons to provide advice on specific aspects of the case.

      v) The student may choose to be accompanied in the meeting by a member of the University as defined by Statute 2 willing to act as his/her friend or representative at the hearing.

      vi) The student may also call witnesses in support of his/her case.

8.3 Conduct of Hearings

      i) The Committee is constituted to hear and evaluate evidence in support of an appeal on the grounds specified in Sections 6.1 and 6.2.

      ii) Prior to the meeting, the Secretary to the Committee will ensure that the student is in possession of copies of all documents circulated to members of the Committee and is aware of the procedures to be followed. This may involve a period of adjournment at the discretion of the Chair.

      iii) The student, their friend or representative (if attending) and other staff attending will join the Committee at the same time. Any witness(es) may be called as required during the meeting.

      iv) The Chair will introduce by name and explain the responsibilities of the members of the Committee, the other staff attending, and any others present.

      v) Where a member declares an interest, which shall include the member having had a prior close responsibility in the case, that member shall take no part in consideration of the case other than to provide general information at the request of the Chair on the subject and/or professional context but without reference to the particular case under consideration.

      vi) The Chair will explain the powers of the Committee, as set out in section 7.2 above.

      vii) The Chair will invite the student or his/her friend or representative to present their appeal. The Chair will call witnesses at the request of the student or his/her friend or representative.

      viii) Members of the Committee will be invited to question the student.

      ix) Any other person(s) called upon by the Chair to attend the meeting (as referred to in section 8.2) will be invited to make a brief statement, and may then be asked questions by the student and the Committee.

      x) Once the Chair is satisfied that the student has had full opportunities to present his/her case, and that the Committee and the student have completed their questioning of any persons giving evidence, all other persons who are not members of the Committee (excluding the Secretary) will withdraw.

      xi) The Committee will then discuss the case in private, with the Secretary in attendance.

      xii) If for any reason the Committee requires further clarification of any aspect of the case relevant parties may be invited back into the meeting. The student and his/her friend or representative (if attending) has the right to hear this clarification of evidence. Those persons will then be asked to withdraw from the room.

      xiii) Having considered all the evidence and reached their decision on the appeal, the Chair will invite all relevant parties to return to the meeting, and will announce either:

            a) that the appeal is not successful and give reasons for the decision; in this case the original decision stands; or

            b) that the appeal on the grounds of new evidence has been upheld and the case is being referred back to the Fitness to Practise Committee for re-consideration afresh in the light of the new evidence; or

            c) that the appeal on the grounds of procedural irregularity has been upheld and the case is being referred back to the Fitness to Practise Committee for re-consideration afresh;

            d) the appeal on the grounds of procedural irregularity has been upheld and the committee is minded to determine a remedy, in which case the student will be invited to comment before the committee makes its decision.

      xiv) In the case of xiii (d) above, following consideration of appropriate actions to be taken by the Committee in private, the final decision will be conveyed to the student if present and confirmed in writing by recorded delivery as soon as practicable.

      xv) The Chair has discretion to allow variation in the conduct of the hearing as circumstances require, including adjournment of the hearing, for example to allow conflicting evidence to be resolved.

      xvi) The Secretary will ensure that a concise and accurate written record of the meeting is kept. The record of the meeting remains confidential within the University. The record of the meeting is to be kept indefinitely.

      xvii) The University may disclose, voluntarily or on request, to a relevant professional body, academic institution, healthcare service provider or the Disclosure and Barring Service the record or findings of a case considered by the Committee.

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9. Grievance

Following exhaustion of the Fitness to Practise procedures, a dissatisfied student may submit a grievance to the University Council under the terms provided by Statute 17 (22). Grievances must be submitted within 28 days of the letter informing the student of the outcome of the appeal and must be made in writing to the Secretary to Council. Grievances can only be made on one or both of the following grounds:

a) procedural irregularity in the conduct of the case;

b) There is new evidence that can be substantiated, including extenuating circumstances, which was not known at the time, and may have affected the outcome had it been known to the Committee and that there is a valid reason for not making it known at the time.

 

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