University Regulations

Where a programme of study requires the student to act in the course of practical training in a quasi-professional role in relation to patients, children, clients or service-users or where the qualification provides a direct licence to practise, the University has a duty to ensure that the student is fit to practise. Students registered for these programmes of study are subject to fitness to practise procedures. The aims of the procedures are:

a)  to protect present or future patients, children, clients or service users;

b)  to comply with the requirements of professional bodies;

c)  to protect the health and wellbeing of students and to ensure that they are appropriately prepared for entry to the profession and clearly understand and demonstrate professional behaviour;

d)  to protect the institution against legal action brought by an individual, or the representative of an individual, claiming to have suffered loss as a result of a student proving during training or after qualification to be unfit to practise.

To these ends, fitness to practise is assessed not only in terms of academic attainment but is assessed in accordance with relevant professional concerns and expectations.

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36.1  School Code of Professional Conduct and Fitness to Practise

Schools providing programmes of study leading to the degrees listed below shall prepare a School^[2] Code of Professional Conduct and Fitness to Practise ('the School Code') derived from any related code developed by the relevant professional or accrediting body for students, trainees or other members of the profession.

College of Medical, Veterinary & Life Sciences

MSc Clinical Trials

School of Biodiversity, One Health & Veterinary Medicine

BVMS
Intercalating BVMS students
MVM

School of Culture & Creative Arts

MPhil Book & Paper Conservation
MPhil Textile Conservation

School of Education

BA Childhood Practice
BA Community Development
MA with Teaching Qualification
MDTechEd
MEd/PgDip Adult Learning, Community Development & Youth Work Practice (CLD Standards Council Accredited)
MEd/PgDip Childhood Practice
MEduc
MSc Museum Education
Postgraduate Diploma in Education

School of Health & Wellbeing

Doctorate in Clinical Psychology
MSc (MedSci) Applied Neuropsychology
MSc (MedSci) Clinical Neuropsychology
MSc (MedSci) Clinical Neuropsychology Knowledge & Practice
MSc Global Mental Health
MSc Global Mental Health (Health Promotion)
MSc Global Mental Health (Health Technology Assessment)
MSc Global Mental Health (Research Methods)

School of Medicine, Dentistry & Nursing

BDS
BN
Intercalating BDS students
Intercalating MBChB students
MBChB
MBChB graduates in the period between graduation and GMC registration (the term 'student' in this document also refers to graduates in this group)
MBChB graduates who are Foundation Year 1 doctors holding provisional registration with the GMC (the term 'student' in this document also refers to these doctors)
MSc Clinical Trials
MSc Critical Care
MSc Endodontics
MSc (Dent Sci) (Endodontics; Oral & Maxillofacial Surgery)
MSc (Med Sci) Human Nutrition with Specialisation

School of Social & Environmental Sustainability

MA Primary Education with Teaching Qualification
Postgraduate Diploma in Education

Students will be made aware of the published guidance from professional/regulatory bodies which accredit the above degrees, and these should be read in conjunction with this procedure.

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36.2  Application of the Fitness to Practise Procedure

i)  A student registered for one of the programmes of study which are subject to fitness to practise may be subject to the fitness to practise process over and above, or in addition to other University processes, such as the Code of Student Conduct, if there is any question as to whether they are a fit and proper person to practise their intended profession.

ii)  All new entrants to programmes of study which are subject to fitness to practise procedures shall undergo training before the end of the first semester of the first year of study, designed to explain the nature and effect of the School Code. The training shall address the relevance of compliance and non-compliance with the Code in respect of their progress on the programme.

iii)  Continuing students on programmes of study which are subject to fitness to practise procedures shall be provided with a copy of the current School Codee within the first five weeks of each session and their attention drawn to any changes.

iv)  Where it is determined by a University Panel that a student has failed to comply with the School Code, a range of disposals are available, ranging from a warning for lower levels of impairment to the student requiring to leave the programme of study for more serious levels of impairment.

v)  All correspondence between the University and the student regarding fitness to practise cases will be sent by email to the student’s University email account unless otherwise agreed.

vi)  The University recognises that it can be extremely distressing for a student subject to the fitness to practise process. Where a case is taken forward under this procedure students are signposted to relevant sources of support in the University, including the SRC. Where there are concerns about the welfare of any student involved in the process, the University may make a referral to its Safeguarding Team so that appropriate support measures can be put in place if appropriate. Any referral made to the Safeguarding Team will be based on observations of the student and not on the basis of any disclosures made by the student as part of this process. The SRC provides confidential, independent and impartial support and guidance through its Advice Centre for the student throughout the fitness to practise process.

vi)  All parties will be treated with dignity and respect and implementation of this Procedure will be sensitive to protected characteristics with reasonable adjustments made if required. 

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36.3  Fitness to Practise and the Criminal Law

i)  Where the University believes that a criminal offence may have been committed, either on campus or off campus, it may report the matter to the police.

ii)  Where criminal proceedings against a student are on-going, the University may:

a)  suspend action under this Procedure until the outcome of those proceedings is known;
b)  postpone making a decision about whether to take action under this Procedure until the outcome of those proceedings is known; or
c)  decide to continue with or commence action under this Procedure.

iii)  The University may still take action under this Procedure for an incident that has been considered by a criminal court, whether or not the student has been found guilty of any criminal offence by the court.

iv)  Where a student is convicted of an offence, the University may use this information as evidence in Fitness to Practise proceedings if it is directly relevant to the matter being considered.

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36.4  Applicants and Publicity

i)  Where Fitness to Practise procedures apply to a programme of study this shall be noted in the publicity material for the programme (including the University Prospectus) and a copy of the School Code of Professional Conduct and Fitness to Practise shall be made available on request.

ii)  Applicants shall be made aware when Fitness to Practise procedures apply to the programme of study for which they have applied and the implications of this. A copy of the School Code of Professional Conduct and Fitness to Practise shall be provided with the final confirmation of admission.

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36.5  Breaches of the Code - Overview

Informal resolution

i)  Where a concern is reported about a potential breach of the Code or where there is a pattern of behaviour or an issue of persistent ill health, which may have a bearing on fitness to practise, the School shall document the issue and agree with the student appropriate action and a deadline by which any action must take place. Where possible the matter shall be dealt with informally. The School shall ensure that the student is made aware of the support services which are available: such as Adviser of Studies or equivalent, the Barclay Medical Centre, Counselling & Psychological Services, Student Disability Service and the Students’ Representative Council.

Formal procedure

ii)  If the agreed action is not carried out or there has been a repetition of the behaviour causing concern or the alleged behaviour is considered to be unprofessional and of sufficient seriousness that the informal process is inappropriate, the matter will be referred for formal consideration by the School Fitness to Practise Committee and the School Head of Professional Services, or nominee, shall write to the student informing them of the referral and of the reason(s) for the referral.

iii)  Any such referral shall follow the procedure set out below.

Appeal process

iv)  A student who wishes to appeal against any decision of the School Fitness to Practise Committee may appeal to the Senate Fitness to Practise Appeals Committee in accordance with the procedure set out below.

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36.6  Members of Committee

i)  Schools providing a programme of study leading to any of the degrees listed in §36.1 shall establish a School Fitness to Practise Committee^[4] the members of which are appointed annually. Members shall normally serve for three years and may be re-appointed after this term.

ii)  The Senate shall establish a Senate Fitness to Practise Appeals Committee, the members of which shall be appointed annually. Members shall normally serve for three years and may be re-appointed after this term.

iii)  Members of School Fitness to Practise Committees and the Senate Fitness to Practise Appeal Committee, including external members, shall be given appropriate guidance.

iv)  The membership of School Fitness to Practise Committees and the Senate Fitness to Practise Appeals Committee shall be reported to the Senate annually.

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