Regulations Governing Fitness to Practise 2026-27

Any student subject to Fitness to Practise procedures should be advised to contact the Advice Centre in the Students’ Union as soon as possible, so that they can receive independent, confidential advice and arrange for support.

Introduction

A programme of study which requires a student to undertake practical training in a professional or quasi-professional role in relation to patients, clients, service users or the general public or where the qualification provides a direct licence to practise, will be governed by a requirement that the student demonstrate their fitness to practise including in terms of their conduct and health. In order to protect current or future patients, clients, service users or the general public and to comply with the requirements of Professional Statutory and Regulatory Bodies (PSRBs), the following policy has been established to set down the University’s position on student-related fitness to practise issues.

The Fitness to Practise policy and procedures have been developed with regard to equal opportunities legislation to protect against discrimination and promote equality of opportunity regardless of any protected characteristics - age, disability, sex, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, sexual orientation and religion or belief.

  • Section A sets out the Fitness to Practise Policy; the scope, application and principles to be applied in all cases.
  • Section B outlines the procedure to be followed in all cases where impairment of Fitness to Practise is suspected.

The timescales set out are the usual timescales, which the University aspires to achieve. Please note that when ‘working days’ are referred to, this excludes weekends, bank holidays and University closure days. The words “you” or “your” refer to a student who is subject to fitness to practise considerations on their programme of study and the words “we”, “our”, or “us” refer to the University.

Section A: Fitness to Practise policy

1. What is Fitness to Practise?

1.1 Being fit to practise means meeting the professional standards expected of you in terms of your behaviour, conduct, (including professional competence) and your health under your programme of study. We determine this in accordance with rules set out by the relevant PSRB which regulates your programme of study.

1.2 The aims of the policy and procedure are:

  • 1.2.1 to ensure that you are or will be fit to practise in your chosen profession;
  • 1.2.2 to protect patients, clients, service users and members of the public;
  • 1.2.3 to maintain public confidence in a profession;
  • 1.2.4 to ensure compliance with the requirements of PSRBs; and
  • 1.2.5 to ensure that you are not awarded a qualification that permits you to practise a profession if you are not fit to do so.

1.3 We will draw your attention to the professional requirements and standards of behaviour expected of you on your programme, along with the consequences of breaching these standards.

2. Duties of students in relation to health

2.1 In order to demonstrate that you are fit to practise, you must:

  • 2.1.1 be aware that your health problem(s) may put you or others at risk;
  • 2.1.2 declare health problems which could pose a risk to yourself or others when you apply or promptly when it arises after application;
  • 2.1.3 seek medical or occupational health advice, or both, if there is a concern about your health, including your mental health. You must register with a GP so that you have access to independent and objective medical care;
  • 2.1.4 be willing to be referred for treatment and to engage in any recommended treatment programmes;
  • 2.1.5 be immunised against common serious communicable diseases if vaccines are available and are recommended by the Department of Health or relevant devolved department where we indicate this is necessary in order to protect yourself and others;
  • 2.1.6 seek advice from a healthcare professional and not rely on your own or another student’s assessment of the risk your health problem(s) pose to yourself or others;
  • 2.1.7 promptly provide any important information about your competence or health to us at the start of and throughout your programme;
  • 2.1.8 ask for appropriate support and adapt your study or stop studying if your performance or judgement is affected by your physical or mental health and could put service users, yourself or others at risk;
  • 2.1.9 be aware that when you graduate, you are responsible for informing your employer (where you are already working in a regulated field) if your health poses a risk to them, you or to others and to declare any health problem(s).

For medical students

2.2 In addition to the above, you must:

  • 2.2.1 be aware that you are not required to perform exposure prone procedures (EPPs) as this is not necessary in order to meet GMC competencies and standards.

2.3 If you have blood-borne viruses (BBVs) than you may study medicine but are likely to have restrictions on your clinical placements and in these instances you must:

  • 2.3.1 complete the recommended health screening; and
  • 2.3.2 declare your health condition to Occupational Health so that your placement can be adjusted in line with the declaration you make.

3. Professional behaviour/conduct/discipline

3.1 If you breach our Regulations Governing Student Discipline or your behaviour or conduct otherwise causes us a concern than we will also consider if there are implications for your continuation on your programme under these Regulations.

3.2 You must promptly tell us if you are charged with, convicted of, or accept a caution for any offence.

3.3 If a criminal investigation or prosecution takes place, we will normally wait for the outcome of a criminal investigation or prosecution before conducting an internal investigation.

3.4 We will still consider the matter under these Regulations where a criminal investigation stops short of prosecution for any reason, if you are acquitted, or if you are convicted. This is so that we can assess whether your fitness to practise is impaired.

3.5 Where you are acquitted, or where a criminal investigation stops short of prosecution for any reason, we may still act under this policy.

3.6 If you are convicted of a criminal offence, the role of the Fitness to Practise Panel is to determine whether that offence also impairs your fitness to practise.

4. Health related concerns

4.1 The majority of students who become ill during their programme of study regain their health with support from their GP or other health care professional. This may entail a period of suspension from study or a pause in study, and such situations may be dealt with under the Wellbeing and Fitness to Study Regulations or these Regulations.

4.2 We may assess your fitness to practise under these Regulations where your health problem is reasonably likely to affect your performance or when your return from a suspension or a pause in study on the grounds of ill health.

4.3 Please note that there may be instances where you are also being assessed and/or supported through our Wellbeing and Fitness to Study Regulations. These Regulations consider different elements and we may decide to join them and make the necessary adjustments to either procedure to ensure that information is shared with all relevant people involved in both procedures, that the matter is handled efficiently and that you are treated fairly.

5. Support, representation and advice

5.1 You may be accompanied to meetings or hearings. Your companion will normally be a current member of the University, or by an Advisor from the Students' Union Advice Centre. If you want to be accompanied by someone else than you must set out why your circumstances are exceptional, and we will determine if your external companion is approved.

5.2 The role of your companion is not to offer formal representation or make your case, but to offer you support in connection with these Regulations and you must ensure you take the necessary actions as set out in these Regulations. Your companion must not answer questions on your behalf.

6. Reporting a concern

6.1 Anyone who is concerned about your behaviour, health and/or professional conduct may raise a concern with us. We place information on our website advising people about how to raise a concern with us and providing information about other regulations which may be applicable depending on the concern being raised.

6.2 Typically, concerns are raised by placement providers, members of staff, other students, police or following on from another of our regulations where your conduct was in question such as Special Considerations, Academic Appeals, Academic Responsibility and Conduct or Student Discipline.

7. Minor concerns

7.1 Where low-level concerns are raised about you, we will usually give you a developmental and supportive response, giving you an opportunity to improve your practice. This may include agreeing an action plan or setting specific expectations or conditions for you to meet. We will publish information informing you of the range of informal steps that may be taken to manage and support you.

7.2 If you fail to meet the requirements set for you then the matter will normally progress to a formal Fitness to Practise investigation.

7.3 Where we consider that the matter raised is sufficiently serious, we will consider the matter under a formal Fitness to Practise investigation.

7.4 If you dispute the allegations of an otherwise minor concern, this will be considered under our formal procedure so that your view of the matter may be fully considered.

8. Interim measures pending investigation

8.1 If we consider that your mental health may be at risk or the concern identified - if found- could amount to serious professional misconduct, pose a risk to others, or significantly affect your performance and/or professional judgement, we may, prior to our investigation :

  • 8.1.1 impose placement restrictions; or
  • 8.1.2 suspend you from your placement; or
  • 8.1.3 suspend you from your programme.

8.2 The decision to implement any of these measures at this stage will be made on a case by case basis in order to protect third parties (e.g. patients, colleagues, service users, children and young people, vulnerable groups, the general public) you, or other students. Our response will be proportionate to the possible risks posed.

8.3 We will inform you in writing about these interim measures and our reasons,. If necessary, we may first inform you verbally, but will follow this with written notification. We will review these measures every 20 working days and will keep you informed of the outcome of these reviews.

8.4 You will have the opportunity to make representations to the University about a decision to suspend you. You should submit your representations in writing to Casework@soton.ac.uk within 5 working days of being notified of the decision. You will be informed in writing once the University has reviewed your representations, and whether the placement restrictions or your suspension remain in place. 

8.5 We will also advise your programme lead and practice or placement provider of any temporary steps we have taken which impact them at the earliest opportunity.

9. Fitness to Practise investigation

9.1 We will always undertake an investigation unless we have established the facts through another University regulation or process or you have been convicted, in which case the matter may proceed straight to a Fitness to Practise Panel.

9.2 We will appoint a Fitness to Practise Investigator.

9.3 The investigator will carry out an investigation and set out his or her findings in a report.

9.4 The investigator must find that either your Fitness to Practise:

  • 9.4.1 is not impaired and the matter is discharged; or
  • 9.4.2 may be impaired and is of significant enough concern to be referred directly to a Fitness to Practise Panel; or
  • 9.4.3 may be impaired but is of a lower level of concern, in which case the matter will be referred to the Chair of the panel. The Chair may decide to refer your matter to a Full Fitness to Practise Panel.

9.5 You will be advised of the findings of the investigation in writing. In your outcome letter we will also tell you who else will receive a copy of this outcome (such as the relevant PSRB or a placement provider).

9.6 In each case a copy of the Investigation report and the conclusion reached will be placed in your student record.

10. Referral to the Chair

10.1 The Chair will be the Associate Dean (Education) or Head of School (or another senior nominee).

10.2 The Chair will be provided with a copy of the investigation report and associated appendices.  

10.3 The Chair may decide that:

  • Your fitness to practise is not impaired and the matter is discharged; or
  • Your fitness to practise is impaired but is of lower-level concern and because you have shown insight into the concerns raised and are likely to respond positively, conditions are set which, if met, will allow you to continue with your programme of study; or
  • Your fitness to practise is impaired and is of significant enough concern to be referred to a Full Fitness to Practise Panel.

10.4 Conditions the Chair may impose include but are not limited to; permitting you to continue with your programme with appropriate advice and guidance, with practice restrictions, additional training or under close supervision; or after repeating a specified part or parts of the programme. These are examples but we may set other conditions that you must meet before you are able to complete your programme successfully.

10.5 When the Chair sets conditions, we will also give you relevant information about timelines, how we will monitor the conditions and details around what will happen if you don’t meet the conditions (including the possibility of referral back to the Fitness to Practise process). In setting conditions, the Chair may take advice, input may be sought from relevant stakeholders such as placement providers or PSRB’s to ensure those responsible for managing the placement view the conditions as appropriate.

10.6 In each case a copy of the decision reached will be placed in your student record.

10.7 The Chair will provide reasons for the outcome and how the decision relates to the relevant professional requirements. Unless the case is dismissed, the Chair will also consider mitigating and or aggravating factors, such as the level of insight you have shown, evidence of good practice, personal circumstances and previous disciplinary concerns or patterns of behaviour.

10.8 We may continue to supervise or monitor you in a manner that is appropriate to your outcome.

10.9 If you voluntarily leave your programme at any stage before the Chair reaches a decision, we may continue with this process and will do this where we must report our decision to the PSRB. You must still participate in this process otherwise we will base our decisions on the information we have.

10.10 We will ensure that the warnings or outcomes and conditions we impose are appropriate, proportionate, measurable and likely to effectively address the concern raised.

10.11 We will provide reasons for the decision and where appropriate specify the timeframe for the conditions to be met.

10.12 You will be advised of the Chair’s decision in writing.

11. Fitness to Practise Panel

11.1 The purpose of the Fitness to Practise Panel is to consider, determine and take action as appropriate in respect of:

  • 11.1.1 any conduct which may render you unfit to be admitted to and practise that profession; or
  • 11.1.2 any health problems which may render you unfit to be admitted to and practise that profession.

11.2 The Fitness to Practice panel membership will include:

  • 11.2.1 Associate Dean (Education) or Head of School (or another senior nominee) (Chair);
  • 11.2.2 Associate Dean (Education) or Head of School (or other senior nominee) from another School with programmes that may be subject to Fitness to Practise;
  • 11.2.3 at least one academic representative from the same professional group as you are aspiring to join;
  • 11.2.4 external senior representative from the relevant profession (for cases in the Faculty of Medicine, this must be a registered doctor with a license to practise);
  • 11.2.5 a representative from Occupational Health (if appropriate).

11.3 Expert advisors (internal and external as appropriate to the concern e.g. Student Services, Legal Services, MIND, Disability Rights Commission) may attend in a professional capacity, but will not be involved in the decision of the Fitness to Practise Panel.

11.4 We will ensure that members of the panel do not have an existing relationship with you (e.g. through tutoring, project/dissertation supervision etc.) and have not previously discussed your case with you. We will also consider any elements of actual or perceived bias in making appointments.

11.5 Expert advisors will not also act as a witness in the same matter.

11.6 You must attend the Fitness to Practise panel in person or virtually. This is to allow the Panel to ask you questions and for you to represent yourself. If you do not attend the meeting or your explanation for non-attendance is unsatisfactory, which we will decide reasonably, the meeting will proceed in your absence based on the evidence before the panel.

12. Outcomes of a Fitness to Practise Panel

12.1 The Panel will consider each option, starting with the least serious. The purpose of the sanction is to protect the public or preserve public confidence in the profession.

12.2 The Panel will decide that your fitness to practise is:

  • 12.2.1 not impaired, and the case is dismissed without any condition being imposed; or
  • 12.2.2 not impaired but you receive a written warning that there is evidence of a concern because you have deviated from the standards expected of students on professional/regulated programmes such as yours and if repeated, a further referral though to the Fitness to Practise process will take place; or
  • 12.2.3 impaired but because you have shown insight into the concerns raised and are likely to respond positively, conditions are set which, if met, will allow you to continue with your programme of study; or
  • 12.2.4 impaired and you are suspended from your programme for a set period (which may mean you do not graduate when expected) with conditions imposed during your suspension and in respect of your anticipated return from suspension;
  • 12.2.5 impaired and a recommendation that your programme of study is terminated on these grounds is made to the Dean as your continuation on the programme is incompatible with your behaviour, health or professional conduct. If your programme of study is so terminated, we will consider whether a transfer to another programme is appropriate or whether you are eligible for an exit award.
  • 12.2.6 impaired and a recommendation for your expulsion on these grounds is made to the President and Vice-Chancellor as your continuation on the programme is incompatible with your behaviour, health or professional conduct. If you are so expelled, we will consider whether any exit award is appropriate.

12.3 Conditions we may impose include but are not limited to permitting you to continue with your programme with appropriate advice and guidance, with practice restrictions, additional training or under close supervision; or after meeting specific conditions or repeating a specified part or parts of the programme. These are examples but we may set other conditions that you must meet before you are able to complete your programme successfully.

12.4 When we set conditions, we will also give you relevant information about timelines, how we will monitor the conditions and details around what will happen if you don’t meet the conditions (including the possibility of referral back to the Fitness to Practise process). In setting conditions, we may take advice, input may be sought from relevant stakeholders such as placement providers or PSRB’s to ensure those responsible for managing the placement view the conditions as appropriate.

12.5 In each case a copy of the panel report and decision reached will be placed in your student record.

12.6 We will provide reasons for the outcome and how the decision relates to the relevant professional requirements. Unless the case is dismissed, we will also consider mitigating and or aggravating factors, such as the level of insight you have shown, evidence of good practice, personal circumstances and previous disciplinary concerns or patterns of behaviour.

12.7 We will continue to supervise or monitor you in a manner that is appropriate to your outcome.

12.8 If you voluntarily leave your programme at any stage before we reach a decision, we may continue with this process and will do this where we must report our decision to the PSRB. You must still participate in this process otherwise we will base our decisions on the information we have.

12.9 We will ensure that the warnings or outcomes and conditions we impose are appropriate, proportionate, measurable and likely to effectively address the concern raised.

12.10 We will provide reasons for the decision and where appropriate specify the timeframe for the conditions to be met.

13. Appeal

13.1 You may appeal against the decision of the Chair of a Fitness to Practise Panel (including a decision to expel you taken by the President and Vice-Chancellor on the recommendation of the Panel) and must submit your appeal on the form set out in Appendix A as soon as possible and within 10 working days of the date of the letter conveying the outcome.

13.2 Appeals received outside of the timescales set down in these Regulations will not be accepted unless you can demonstrate exceptional circumstances for the delay. You should submit an explanation and any evidence of the delay with your appeal form. The explanation provided should be relevant to the period from the published appeal deadline until the submission of the appeal. The decision as to whether or not you have demonstrated exceptional circumstances for your late submission of an appeal will be made by the Partial Appeal Committee. Where you are unable to demonstrate exceptional circumstances, the appeal will be rejected and you will have exhausted the University's procedures, and a Completion of Procedures letter will be issued.

13.3 You may appeal against the decision on the grounds:

  • 13.3.1 that you possess new substantive information supported by evidence which you did not know and/or could not reasonably have obtained in time to present to the Chair or to the Panel; and/or
  • 13.3.2 that the Chair or the Panel has significantly failed in due process and this affected its decision; and/or
  • 13.3.3 that the outcome is disproportionate to the concerns raised.

13.4 A Partial Appeal Committee will decide if you have met the grounds for appeal and if so whether further investigation is required.

13.5 The Partial Appeal Committee will consist of individuals who have not been involved in an earlier stage of your case and will be:

  • 13.5.1 the Dean of your Faculty or nominee; and
  • 13.5.2 the Dean of another Faculty (with programmes which are also subject to these Regulations) or nominee. 
    If you are registered in the Faculty of Medicine, then one of the members must be a registered doctor with a license to practise.

13.6 If the Partial Appeal Committee decide one or more grounds of appeal are met, the appeal will be referred to a Full Appeal Committee. 

13.7 The Full Appeal Committee will consist of:

  • 13.7.1 the two Partial Appeal Committee members; and
  • 13.7.2 at least one senior academic representative from the same professional group; and
  • 13.7.3 an external senior representative from the relevant profession.

13.8 Appeal Outcomes

  • 13.8.1 The Full Appeal Committee can confirm or alter the decision of the Panel (in whole or in part) and will provide written reasons for its decision. If the Full Appeal Committee alters the original decision it may grant whatever remedy it considers reasonable and proportionate in the circumstances.
  • 13.8.2. The decision of the Full Appeal Committee is final. At this point our internal appeal mechanisms are complete and a Completion of Procedures letter will be issued by the President and Vice-Chancellor for rejected appeals.

14. Timelines

14.1 We aim to complete our Fitness to Practise process, including appeals, within 3 months of first being notified of a case. This is typically around 45 days where the facts have been established through another internal procedure or a criminal conviction. However, the duration will be affected if there are difficulties with availability of witnesses, specialist panellists, your case is complex or where your case is suspended for any reason, such as a criminal investigation or if your studies are paused for health reasons.

14.2 Where there are delays, we will keep you informed about the progress of the investigation, and when it is likely to conclude.

15. Sharing of information, confidentiality and data protection

15.1 We process your personal data in accordance with our Data Protection Policy (which includes a retention schedule) and our Privacy Notice.

15.2 We may disclose details of concerns, reports or outcomes to other higher education institutions where you apply to study a programme with them which require being fit to practise (or a national body which represents them such as the Medical Schools Council), a placement provider or employer, the relevant PSRB or regulator for your programme. This includes circumstances where you have withdrawn after we commence a Fitness to Practise procedure.

16. Training

16.1 All our staff involved in your case will be suitably qualified, trained and/or experienced.

17. External review

17.1 A Completion of Procedures letter signifies that our internal procedure for appeals has been completed and will normally be sent to you within 28 days of our final decision where an appeal is rejected. The letter will provide you with information about complaining to the OIA.

17.2 Information about the OIA's procedures may be found at http://www.oiahe.org.uk/ or in the OIA leaflet 'An Introduction to the Student Complaints Scheme' which is available from the Students’ Union Advice Centre. If you wish to make a case with the OIA you must do so within the timeframe set down in the Rules of the Student Complaints Scheme which is 12 months from the date of the Completion of Procedures Letter. A complaint must be made in writing using the Scheme Application Form.

17.3 Contact details for the Office of the Independent Adjudicator are:

Office of the Independent Adjudicator

PO Box 3362 

Reading

RG1 9UF 

Tel: 0118 959 9813

Email: enquiries@oiahe.org.uk

Section B – Fitness to Practise Procedure

We may make Reasonable adjustments to this procedure, when appropriate, for students with additional needs or to allow for other factors that would otherwise place a student at a disadvantage. This may include holding meetings by videoconferencing (e.g. Teams), telephone conferencing or other appropriate means. Where appropriate the Casework Team should consult with the Disability and Inclusion Team with reference to reasonable adjustments.

1. Reporting a concern

1.1 Where a concern is raised about you, this will be referred to your Faculty who will determine whether to instigate a Fitness to Practise investigation and also consider whether any suspension/practice restrictions are warranted in accordance with the Policy Section A 8.

1.2 You will be notified of the concern and the reasons for the concern in writing before any investigation begins. The University may consider referring you to Fitness to Practise, but not make a final decision until further information has been gathered.

1.3 You will have an opportunity to respond to the concern raised.

2. Initial review by fitness to practise investigator

2.1 We will appoint an investigator from amongst suitably experienced members of staff.

2.2 The Investigator for your case will not be, nor have ever:

  • 2.2.1 been your Personal Academic Tutor;
  • 2.2.2 been in a relationship with you (for example through tutoring or project/dissertation supervision);
  • 2.2.3 previously discussed this concern with you.

2.3 You will be given an opportunity to provide a written statement in response to the concern raised. Support is available to help you write a statement and you may approach the Students’ Union Advice Centre for advice and guidance on statement writing.

2.4 The investigator will normally interview you, any key witnesses and may decide whether to interview the person that raised the concern. You should identify any witnesses that you believe to be relevant to the investigator. We will keep written notes of these meetings. Interviewees will be provided with a copy of their notes and asked to confirm their accuracy. If any revisions are made both the original and any revisions become part of the documentation.

2.5 Previous findings of past conduct (e.g. previous Academic Conduct breaches, previous Student Discipline breaches or previous Fitness to Practise matters) may be taken into consideration as part of the investigation.

2.6 You will receive a copy of the investigation report and any supporting documentation on which the report relies.

3. Notification of the Fitness to Practise Panel meeting

3.1 The Fitness to Practise Panel will be constituted in accordance with the Section A 10.

3.2 The Fitness to Practise Panel will be held as soon as practicable. 

3.3 We will provide you with written notice of the proposed date, time and location of the Fitness to Practise Panel meeting, along with details of the proposed panellists to be appointed prior to providing them with any sensitive information so that you are given an opportunity to raise concerns about the proposed appointments under the remit of section A 10, and before we finalise their appointments.

3.4 We will also provide you with the estimated duration of the meeting. The duration of the meeting will vary from case to case but must be proportionate to the seriousness of the concern raised, the facts in dispute and the number of witnesses to be called.

3.5 At this stage, we will ask you to provide us with:

  • 3.5.1 a summary of the information you will rely on at the Fitness to Practise panel meeting;
  • 3.5.2 the names of any witnesses you would like to request be called. Names and contact details of all witnesses should be provided to us. No witnesses may give oral evidence without having first submitted a written statement;
  • 3.5.3 any further documentary evidence (apart from the investigation report) to be relied upon or referred to at the Fitness to Practise meeting.

3.6 Any decision that needs to be taken in respect of the conduct of the Panel meeting in advance of that meeting, will be taken by the Chair. The Chair has the right to refuse to allow oral evidence to be heard if it is not relevant to the case. Character witnesses will normally not be permitted to give oral evidence. If you present new/additional evidence at this stage not considered by the investigator, then the Chair may determine to allow that information, or alternatively call for the investigation to be re-opened at this stage to consider that evidence and prepare a supplementary report.

3.7 We will provide you and each member of the Panel with an agenda and a single accompanying bundle of documentation to be relied upon or referred to at that meeting at least 5 working days before the date of the Panel meeting. The bundle will normally consist of:

  • 3.7.1 your progression information;
  • 3.7.2 the Investigator’s report and supporting evidence;
  • 3.7.3 any additional relevant documentation, including that submitted under paragraph 3.5.3.
  • 3.7.4 the names of any witnesses to be called.

4. Fitness to Practise Panel meeting

4.1 Late evidence is not normally allowed to be presented at the Fitness to Practise Panel. If new/additional evidence is presented, then it may be necessary to adjourn or re-organise the Fitness to Practise panel to allow full consideration of it. Any decision in respect of this will be taken by the Chair.

4.2 The investigator will present the report and a member of the Student Casework Team will attend as a Secretary. The Secretary is not a panel member but will be present throughout the proceedings.

4.3 A further member of staff may attend to observe, this is undertaken in the spirit of staff development and training. You will be advised in advance and can refuse the attendance of the observer.

5. Conduct of Fitness to Practise Panel meeting

5.1 The Chair will invite you, your companion (if any) and the investigator to enter the meeting together.

5.2 The Chair of the Panel will:

  • 5.2.1 welcome you, introduce those present, explain their roles and the procedure to be followed;
  • 5.2.2 invite the investigator to present the case and call witnesses. You and the panel may ask the investigator and/or witnesses questions;
  • 5.2.3 invite you to make a statement and call your witnesses. The panel and the investigator may question you and/or your witnesses;
  • 5.2.4 invite the investigator to add any further comments;
  • 5.2.5 invite you to make any further comments;
  • 5.2.6 give you and the investigator an opportunity to make a final statement and raise any further points.

5.3 Once the Chair is satisfied that the Panel has completed its questioning and you and the investigator have had an opportunity to convey information to the Panel, you, the investigator, the Faculty representative and any companions will leave the meeting at the same time.

5.4 The Panel will consider its decision in private. The decision must be made solely based on evidence before the Panel.

5.5 The Panel will decide on one of the outcomes set out in Section A11.

5.6 The Panel may adjourn for a period not exceeding 20 working days in the first instance in order to consider new evidence, and its findings or decision deferred accordingly. This will be clearly communicated to you.

5.7 The Panel will advise you and other parties of its decision and reasons in writing.

5.8 For the protection of the public and to ensure continuing support for you, it may be necessary for information about the outcome to be shared with our Occupational Health Services (which includes our third party providers), other relevant internal departments, the relevant health or social care regulator, or the relevant PSRB.

5.9 Where a Panel determines that the appropriate outcome is your termination from the programme, this decision is only a recommendation which must be ratified by the Dean or nominee and reported to Senate.

5.10 Where a Panel determines that the appropriate outcome is your expulsion from the University, this decision is only a recommendation which must be ratified by the President and Vice Chancellor and reported to Senate.

5.11 If a concern is upheld and your programme is terminated, you will not be permitted to register on other professional programmes with us and you may be unable to register on similar programmes elsewhere.

6. Appeals

6.1 You must give a notice of appeal in writing using the Fitness to Practise Appeal Form and send it to the Student Casework Team within 10 working days of the outcome of the Fitness to Practise Panel.

6.2 Where we don’t receive an appeal within this period, the appeal period will have expired and the decision of the Fitness to Practise Panel will stand.

6.3 Where we receive an appeal within this period, we will acknowledge receipt of your appeal.

6.4 A member of the Student Casework Team will act as secretary to the Partial Appeal Committee and send the evidence bundle considered by the Fitness to Practise Panel, the outcome of the Panel, the Fitness to Practise Appeal form and any new accompanying evidence to the Partial Appeal Committee.

6.5 The Partial Appeal Committee

  • 6.5.1 The Partial Appeal Committee shall be constituted in accordance with the Policy.
  • 6.5.2 The Partial Appeals Committee will consider the appeal only on the documentary evidence.
  • 6.5.3 The Partial Appeals Committee will decide either:
    • (a) that the ground for appeal has not been met and the appeal is refused; or
    • (b) that the ground for appeal appears to have been met and that a further investigation should take place, before a meeting of the Full Appeals Committee is convened to hear the appeal. This will only happen in exceptional circumstances, for example, where you have presented very substantial new material evidence, which we have accepted as meeting the grounds in 12.2.1 above.
    • (c) that the ground for appeal appears to have been met and that a meeting of the Full Appeal Committee should be convened to hear the appeal. This will only happen in exceptional circumstances, for example, where you have presented very substantial new material evidence, which we have accepted as meeting the grounds in 12.2.1 above.
  • 6.5.4 You will be notified in writing of the outcome of the Partial Appeals Committee. A Completion of Procedures letter will be issued by the Vice Chancellor’s Office where there are no grounds for appeal.

6.6 The Full Appeal Committee

  • 6.6.1 A member of the Student Casework Team will act as secretary to the Fitness to Practice Full Appeal Committee.
  • 6.6.2 The Full Appeal Committee will normally be convened as soon as practicable following the outcome of the Partial Appeals Committee. It will be constituted in accordance with the policy.

6.7 Members who sit on Appeal Committees, must not have a relationship with the student (e.g. through tutoring, project/dissertation supervision etc.) or have been in previous discussions with the student about their case.

6.8 A member of the Student Casework Team will act as the secretary and will circulate the Appeal Form and any additional evidence to the Chair of the Fitness to Practise Panel, who will be invited to make a written response to the appeal.

6.9 All documentation from the Partial Appeal Committee will be sent, along with the complete Panel papers, to the student, the Chair of the Fitness to Practise Panel and the Fitness to Practise Appeals Committee normally no less than 5 working days before the date of the Appeals Committee meeting.

6.10 The conduct of the Full Appeal Committee will mirror that of the Fitness to Practise Panel as set out above but will focus on the appeal matters you raise in your appeal submission.

6.11 You will be provided with a final written report of the decision of the Full Appeals Committee including the reasons for their decision. A report of the outcome will also be sent to Senate.

6.12 The decision of the Appeals Committee is final. At this point our internal appeal mechanisms are complete and a Completion of Procedures letter will automatically be issued for rejected appeals by the President and Vice-Chancellor.

7. List of appendices

7.1 Appendix A - Fitness to Practise Appeal Form