Regulations for taught students: Section 11

SECTION 11: Fitness to Practise Regulation

 

You should seek impartial advice and support from the Students’ Union Advice Centre if you are involved in a fitness to practise matter.

 

11.1 Regulation introduction

11.1.1 These regulations address issues of professional suitability and professional misconduct.

11.1.2 These regulations apply to you if you are registered on a course recognised by a Professional, Statutory or Regulatory body (PSRB) that could allow future registration with that body, or for a professional qualification, or for entitlement to practise. We are mindful of our obligations to the community, such as the protection of patients/clients and children and/or vulnerable adults, maintenance of public confidence in professions and upholding proper standards of health and/or conduct.

11.1.3 Matters considered under these regulations include those relating to your health and/or conduct which may affect or question your fitness to practise in your relevant profession and apply at all times during your studies with us. It is your responsibility to be familiar with and to act in accordance with the relevant professional Code(s) of Conduct that apply to your course. You must notify your course leader immediately of any circumstances or change in circumstances that may arise during your studies that may impact on your professional suitability.

11.1.4 We will investigate any allegations that suggest you have breached professional standards. Allegations can be raised by anyone in regards to your conduct both inside and outside the University if that behaviour calls into question your professional suitability. This may also include your behaviour online and in social settings. Your alleged behaviour may be assessed under the precautionary measures procedure (section 14) and a risk assessment may be completed as a result. If you are on placement whilst being investigated under the Fitness to Practise procedure you may be restricted from placement activity under precautionary measures, pending the outcome of the investigation.  

11.1.5 We recognise that some behaviour may be attributable to your health or disability. We will consider the matter in a way which is supportive of your health. However, the protection of the public and your fitness to practise must be the overriding concern in any decisions made.

11.1.6  Examples of our possible concerns are listed in the table below, but are not limited to these

Concerns	Examples of behaviour
Ongoing significant health concerns which may have been addressed previously via the Support to Study Procedure	This may include: Failure to seek or agree to medical treatment or support   Failure to agree to action plan set by the School and or placement to support health concerns  Failure to recognise limits and abilities and demonstrates a lack of insight into health concerns (physical and / or mental), which may pose a risk to the proper operation of the work-based setting, your own safety or that of others, including service users  Where due to your health you cannot be expected to attain the competency standards of the course notwithstanding reasonable adjustments made in relation to a disability or those made via the fitness to study procedure.
Aggressive, or threatening behaviour	Examples are listed (but not limited to) in the Community Code of Conduct
Unprofessional behaviour	This may include allegations of the following;   Breach(es) of confidentiality  Failure to maintain appropriate professional boundaries  Failure to treat others, including service users with dignity and respect Conduct which may be regarded as a breach of the criminal law Fraud, deception or dishonesty Discrimination Misuse of drugs or alcohol which could also affect the work environment Absence from practice placement without permission Misuse of the internet, text messaging and social media and networking sites Failure to work within limits of professional competencies
Repeated concerns related to conduct or behaviour already addressed under this or other procedures	This may include; The failure to accept educational advice or advice given by support services poor attendance poor time management or communication skills, or failure to observe or comply with the University regulations failure to demonstrate an attitude appropriate for individuals working in the profession concerned

11.1.7 If we uphold an allegation of academic misconduct against you through the academic misconduct procedure, we may also need to subsequently investigate your behaviour under this procedure. If a breach of the student disciplinary regulations is upheld against you, we may also need to subsequently investigate your behaviour under this procedure. In both instances, it is likely that a fitness to practise investigation would begin at stage 2. 

11.1.8 We can start our investigations at either stage 1 or stage 2 of the procedure depending on the severity of the allegation. If we decide to start our investigations at stage 2 of the procedure, we will explain to you why we have decided to do this.

11.1.9 Once your case has been closed, if we find your fitness to practise impaired, then it is your responsibility to check whether you are required to inform the appropriate PSRB when registering. We may also inform the PSRB separately.

11.1.10 If you are registered on a Degree Apprenticeship route then we will keep your employer informed of any issues or alleged breaches relating to this procedure, where necessary.

11.1.11 We can make decisions and apply penalties at any stage of the procedure. You can appeal the decisions from stage 2. Where a penalty is applied, all available penalties will have been considered and your meeting record will detail why the University have selected the specific one applied.

11.1.12 If you withdraw from your course during this procedure you will not be allowed to return to study with us until the matter has been investigated and the outcome is known. If you ask for a reference this will record that a fitness to practise matter is outstanding.

11.1.13 We will not take into account any previously upheld allegations of fitness to practise when considering a current allegation.  However, if we conclude that you have breached professional standards, we will then take into account any previously upheld allegations when applying a penalty. It is likely that if you have a previously upheld breach, we will apply a more serious penalty. 

 

11.2 Breach of Fitness to Practise regulation, references and investigation, progression, award or credit status

11.2.1 At the point of progression, normally if you are being investigated under the University’s Fitness to Practise regulation, this would have not have an impact on your academic profile. This means that you would be considered at a CAM and would progress on your course as normal, subject to the progression regulations for Taught students. Exceptions may be permissible if there are circumstances which would warrant a withdrawal from the course, for example, as a result of the conclusion of a Fitness to Practise investigation.

11.2.2 At the point of award where all modules have been passed but you are being investigated under these regulations, the CAM will not withhold academic credit unless they have an exceptional reason to do so. For example, if the eligible award would permit entry to the profession. Once the investigation has concluded, dependent on the outcome, your credit will then be ratified by the CAM.

11.2.3 A Fitness to Practise hearing panel may recommend that as an outcome of their investigation, the award or credit will be revoked under regulation 1.15. This process will be managed by the Director of Registry or nominee. This may be appropriate if credit achieved might otherwise lead to an interim award also recognised by the profession.

11.2.4 Where you have been withdrawn from a course or have been set conditions to complete as part of the Fitness to Practise process, a member of staff asked to complete a reference for you may disclose this where one or more of the following apply: 

• That reference is in connection with a job or a course that is relevant to the Fitness to Practise investigation;
• There is a specific question asking if you have been subject to any Fitness to Practise procedures;
• Where the referee is asked to confirm that you possess attributes that the Fitness to Practise Panel investigation concluded were not at the level expected or were of concern.