2026-27
Procedure for Determining Fitness to Practise
CONTENTS
- Introduction
- Principles
- School Code of Professional Conduct and Fitness to Practise
- Application of the Fitness to Practise Procedure
- Fitness to Practise and the Code of Student Conduct
- Fitness to Practise and the Criminal Law
- Applicants and Publicity
- Right to be Accompanied or Represented
- Burden and Standard of Proof
- Breaches of the Code - Overview
- Members of Committee
- Procedure for Consideration of Fitness to Practise
- Review by the Senate Fitness to Practise Appeals Committee
- Independent External Review
The Procedure for Consideration of Fitness to Practise is governed by Resolution No. 672 of the University Court.
Introduction
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.
Principles
36.1 School Code of Professional Conduct and Fitness to Practise
Schools providing programmes of study leading to the degrees and other awards listed below shall prepare a School[1] 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 Graduate School
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 (Med Sci) Applied Neuropsychology
MSc (Med Sci) Clinical Neuropsychology
MSc (MedSci) Clinical Neuropsychology Knowledge & Practice
MSc Global Mental Health
MSc Global Mental Health (Health Promotion)
MSc Global Mental Health (Social Innovation)
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 Critical Care
MSc Endodontology
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.
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 Code 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.
vii) 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.
36.3 Fitness to Practise and the Code of Student Conduct
i) Where a concern is raised regarding a student’s fitness to practise, and it appears that the circumstances may also constitute a breach of the University’s Code of Student Conduct, the Fitness to Practise Officer shall consult with the Head of Student Conduct to determine the appropriate course of action. In doing so, regard shall be had to the nature and context of the alleged behaviour, including whether it arises within a professional setting or has implications for professional practice. Misconduct arising in a professional context (for example, during placement or involving interaction with patients, clients or service users) will normally be considered under the Fitness to Practise procedure in the first instance. Misconduct of a more general nature (for example, academic misconduct, disruptive or anti-social behaviour, or behaviour liable to harm the reputation of the University) will normally be considered under the Code of Student Conduct in the first instance. Where it is considered appropriate, the University may proceed under both procedures, either sequentially or concurrently, having regard to the need for fairness, proportionality, and the proper consideration of both student conduct and fitness to practise.
ii) A determination of a breach of the Code of Student Conduct will not automatically be considered an impairment on a student’s fitness to practise. A Fitness to Practise Panel will consider if the determination of a breach of the Code of Student Conduct amounts to an impairment of a student’s fitness to practise at the time of the reported conduct and if that impairment is ongoing.
iii) A determination that a student’s conduct did not breach the Code of Student Conduct will not automatically amount to a determination that there is no impairment on a student’s fitness to practise. Whilst a student’s conduct may not meet the threshold to be considered a breach of the Code of Student Conduct, it may impact upon a student’s fitness to practise which must be considered under the Fitness to Practise procedure.
36.4 Fitness to Practise and the Criminal Law
i) Where the University believes or is informed that a criminal offence may have been committed, either on campus or off campus, it may report the matter to the police, regardless of the stage of any investigation or Fitness to Practise process under this procedure.
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 commence or continue with 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. This Procedure is not intended as a substitute for criminal proceedings.
iv) Where a student is charged with or convicted of a criminal offence, they must let the University know by emailing student-conduct@glasgow.ac.uk. A student subject to a criminal investigation must keep the University informed of any progress or change in status of the criminal process (by emailing student-conduct@glasgow.ac.uk). The University will endeavour to provide pastoral support to any student subject to criminal investigation, even if the University procedure is suspended. This support might include access to University student support services, access to the SRC Advice Centre, extensions to academic deadlines or interruption of studies.
v) Where a student is charged with or convicted of a criminal offence, the University may use this information as evidence in Fitness to Practise proceedings if it is directly relevant to the matter being considered. Any sentence or order imposed by a criminal court may be taken into account in deciding on any finding to be applied under this procedure.
36.5 Applicants and Publicity
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 shall be made available on request.
36.6 Right to be Accompanied or Represented
i) Students, reporting individuals and witnesses are entitled to be accompanied to meetings under this Procedure. The accompanying individual will normally be a family member, a fellow student or friend, an adviser from the SRC Advice Centre, or a member of University staff, provided they are not also a witness. The role of the accompanying individual is to provide moral and pastoral support to the person they are accompanying to the meeting. The accompanying individual shall not disrupt the proper conduct of the meeting.
ii) Students must inform the School (the Head of Professional Services within the School) at least five working days[2] before the relevant meeting of the name of any person who may attend to accompany them.
iii) Students are normally expected to speak for themselves.
iv) There is no automatic right for a student to have legal representation at meetings and hearings and legal representation is only allowed for meetings or hearings where the student has been granted express permission in advance (see paragraph v) below).
v) If a student wishes to be accompanied or represented by a person not listed in paragraph i) above, the student must make a request in writing to the School (the Head of Professional Services within the School) at least five working days before the meeting or hearing. The decision whether to allow legal representation will be for the Head of Professional Services in consultation with the Fitness to Practise Officer or Convener of the relevant Fitness to Practise Panel or Senate Appeals Committee, as appropriate.
Factors that will be considered in deciding whether to grant permission will include:
- the seriousness of the allegation and the potential sanction (for example, whether the outcome of the hearing could deprive the student of the right to practise their chosen profession or could irretrievably prejudice that right);
- the capacity of the student to understand the referral(s) made against them and to respond/present their own case;
- the need for reasonable speed in achieving an outcome and to avoid delay;
- whether any points of law are likely to arise (in most cases the purpose of any meeting or hearing will be to determine points of fact and not law);
- any probable procedural difficulties;
- the need for fairness between the student and those making allegations; and
- other relevant factors, including any representations made by the student.
Where permission is granted, the student will be responsible for paying the costs of their representation (including legal costs) and these will not be reimbursed by the University.
36.7 Burden and Standard of Proof
i) The standard of proof at each stage of the process under this procedure will be on the balance of probabilities. That means that, for each event or incident, the Panel must be satisfied, on the evidence available, that it is more likely than not that the event or incident occurred.
ii) The burden of proof in relation to any allegation of impairment to fitness to practise rests with the University. It is for the Panel to establish that a student’s behaviours amount to impairment to their fitness to practise as alleged. Students are encouraged to participate in the process however are under no obligation to prove that they are fit to practise.
iii) The Panel must determine if the burden of proof is established based on the evidence presented. If a student denies the allegation(s) or does not present any evidence the Panel will decide, on the balance of probabilities, whether the student’s fitness to practise is impaired or not.
36.8 Breaches of the Code - Overview
Stage One
i) Where a concern is reported about a potential breach of the School 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 decision to deal with concerns at Stage One is at the discretion of the School. The School shall ensure that the student is signposted to relevant sources of support in the University, including the SRC. Where concerns about individual welfare of any student arises because of a fitness to practise case, 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.
Stage Two
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 Stage One process is inappropriate, the matter will be referred for Stage Two consideration by the School Fitness to Practise Panel 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 Panel may appeal to the Senate Fitness to Practise Appeals Committee in accordance with the procedure set out below.
36.9 Members of Committee
i) Schools providing a programme of study leading to any of the degrees or other awards listed in §36.1 shall establish a School Fitness to Practise Committee 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 Appeals 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.
v) Schools may agree to establish a joint School Fitness to Practise Committee covering more than one area. For example, the School of Medicine, Dentistry & Nursing Fitness to Practise Committee may cover any cases from the School of Health & Wellbeing, and in doing so will include representatives from the latter on its membership.
36.10 Procedure for Consideration of Fitness to Practise
36.10.1 Roles within the Procedure
i) The Head of School[3] or their nominee (hereinafter referred to as Head of School) shall appoint members of senior University staff with an appropriate clinical/professional background (which may include themself) to the following roles within the procedure:
Fitness to Practise Officer;[4] considers cases in the first instance and determines which aspect of the procedure should be applied (for example Stage One, or referral to School Fitness to Practise Panel); may also appoint an appropriate Fitness to Practise Investigating Officer or may undertake this role themself (in terms of §36.10.4),and may take interim action such as temporary suspension from studies or professional placement.
Convener of School Fitness to Practise Panel.
ii) The roles of Fitness to Practise Officer and Convener of School Fitness to Practise Panel shall be undertaken by separate individuals at all times.
iii) The Head of School may appoint a further member of senior University staff with an appropriate clinical/professional background to deputise for the School Fitness to Practise Officer or to consider individual cases jointly with the Fitness to Practise Officer as necessary
36.10.2 Stage One
i) Any person(s) having a concern about the conduct or health of a student which they believe may constitute or result in unprofessional behaviour, impairment and/or a breach of the School Code should report their concern in writing to the Fitness to Practise Officer of the School in which the student is studying. Reports submitted by email are acceptable. In exceptional circumstances, the Fitness to Practise Officer may permit the identity of the person making the report to remain confidential where it is considered necessary to protect the interests of the person making the allegation. The University will not generally investigate reports, under this procedure, that have been made anonymously.
ii) On receipt of the written report referred to above, the Fitness to Practise Officer may refer the matter to the appropriate Programme Director, or Head of Subject, who shall investigate the matter, interview the student and consult such persons as it is deemed necessary to determine the facts of the case. Where possible the matter shall be resolved informally with the agreement of the student.
iii) A record shall be kept of any written reports received by the Fitness to Practise Officer under (i), any referral made under (ii), of any interview(s) concerning the referral and of any action subsequently taken.
36.10.3 Referral to the School Fitness to Practise Committee
i) A student shall be referred to the School Fitness to Practise Committee in the following circumstances:
a) where a minor incident is repeated and is considered by the Fitness to Practise Officer to constitute a pattern of behaviour which is unprofessional and/or not compliant with the School Code;
b) where a review of the progress made by the student following action agreed under the informal procedure indicates that there remains a concern about unprofessional behaviour and/or a potential breach of the School Code;
c) where a reported concern is deemed by the Fitness to Practise Officer to be of sufficient seriousness to warrant immediate referral to the School Fitness to Practise Committee rather than resolution by the informal procedure.
ii) In the event that the case has involved two or more students, the Fitness to Practise Officer has the option to recommend to the Convener of the Fitness to Practise Committee that the cases of the students be heard collectively.
36.10.4 Suspension of Study
i) Where a concern over a student’s fitness to practise is raised, a preliminary assessment will be made by the Head of School or Fitness to Practise Officer.
ii) Where the preliminary assessment indicates a potential risk of harm (physical or mental) to the individual who has made the report or to anyone in the University community, or a risk to the University’s property or activities, or to protect the interests of patients, children, clients or service users, or the student concerned, the Head of School or the Fitness to Practise Officer may make a recommendation to the Clerk of Senate, Chief Operating Officer and University Secretary or their nominees to:
- temporarily suspend the student’s studies; and/or
- temporarily limit access to University facilities; and/or
- temporarily limit access to placement premises; and/or
- impose a temporary condition of no-contact restricting the student from contact with named individuals or a specific group; and/or
- any other temporary condition as deemed necessary.
The Clerk of Senate, Chief Operating Officer and University Secretary may decide to accept, reject or make modifications to any recommended preliminary assessment. They have the authority to enact the recommendation made with immediate effect, pending further investigation under this procedure.
iii) The decision to impose a temporary suspension or condition on a student should, whenever practicable, be communicated in person to the student by the Head of School or Fitness to Practise Officer, in liaison with advising support (welfare) for the student. The student will be invited to bring a supporter or representative to the meeting. The student will be informed of any temporary suspension or condition, and the reason for the decision, in writing. Other parties, such as reporting parties, may be informed of the decision where it is of direct interest for them to be informed (by way of example, in cases of violence, sexual violence, bullying or harassment, it may be appropriate for the reporting party or alleged victim to be informed of any restriction relating to attendance on campus, approaching named individuals, etc).
iv) Any temporary suspension or condition pending an investigation is not a finding of impairment.
v) The Clerk of Senate, Chief Operating Officer or their nominee, as the case may be, shall review the temporary suspension or condition:
a) Routinely every month;
b) Where they are aware of a material change to the facts or circumstances upon which they made their decision;
c) On request from the student if there is evidence that the measures were imposed based on factual error or in the event that they consider there has been a material change to the relevant facts or circumstances upon which the decision to impose a suspension was based. Such requests must be made in writing to the Head of School or the Fitness to Practise Officer and should include submission of any relevant evidence relating to the factual error or material change to the relevant facts and circumstances.
vi) Following such a review, the student (and any other person notified of the original decision) will be notified to advise if a temporary suspension or condition is changed, lifted or remains unchanged.
36.10.5 Investigation of a breach of the School Code of Professional Conduct and Fitness to Practise or other unprofessional behaviour
i) In the event of a student being referred to the School Fitness to Practise Committee on one or more of the grounds referred to at §36.10.3, the Fitness to Practise Officer shall appoint an Investigating Officer, or may undertake this role themself. The Investigating Officer shall be a senior member of the School or College. Where the Investigating Officer is a member of the School Fitness to Practise Committee they will not sit on the Panel hearing for the specific case under investigation.
ii) The Fitness to Practise Officer shall inform the student in writing of the reasons for the referral to the School Fitness to Practise Committee and the name of the Investigating Officer and shall state the procedure for the investigation. The student will be told how to access advice and support, for example, from the SRC Advice Centre.
iii) The student shall be invited to provide a written statement to the Investigating Officer concerning the matters raised in the referral. Should the student choose to provide a written statement, it should be provided within 10 working days.[2]
iv) The student shall be invited to attend an interview with the Investigating Officer to allow the student to respond to the allegations. Details of the student’s academic record and any other relevant documentation shall be made available to the Investigating Officer. The notes of the interviews shall be retained in the record of the investigation and a reference to the investigation shall be held in the student file.
v) The Investigating Officer will normally meet with the reporting individual and may meet with other witnesses and consider documents or other evidence relevant to the allegations.
vi) The student may be required by the Investigating Officer to attend an appointment with the University’s Student Wellbeing & Inclusion Service in order that an assessment of their fitness to practise based on professional evidence can be available.
vii) Strict confidentiality shall be observed throughout the course of the investigation.
viii) The Investigating Officer shall prepare a written report of the investigation. The written report shall be produced within 25 working days of their appointment. If it is not practicable to provide the written report within this timescale, the student shall be informed of the reason for the delay and a new timescale shall be provided. The report should include a recommendation relating to the continuation or otherwise of any suspension from study.
ix) The Fitness to Practise Officer shall determine, on the basis of the Investigating Officer’s report, whether to:
a) refer the case to a School Fitness to Practise Hearing; or
b) to manage the case at Stage One of the procedure;
c) return the matter to the Investigating Officer if it is considered that additional investigation is required; or
d) determine that no breach of the School Code has occurred.
x) The Fitness to Practise Officer shall inform the student and their representative in writing of their determination within five working days of the availability of the Investigating Officer’s report.
36.10.6 Constitution of the School Fitness to Practise Hearing
i) A Fitness to Practise Hearing (a ‘Hearing’) shall take place before a Panel which will be drawn from the membership of the School Fitness to Practise Committee. In particular the Committee who will make up the Panel for the purposes of the Hearing shall be constituted as follows:
a) the Convener, as appointed by the Head of School (see §36.10.1);
b) four members drawn from the membership of the School Fitness to Practise Committee as appointed by the School in which the student is studying, one of whom may be a member of the relevant professional body or lay member of the University;
c) a representative member of the profession concerned from another UK University or body with appropriate fitness to practise experience.
ii) No person who has signed or co-signed a referral or report or who undertook the investigation of the alleged breach or was involved in an informal consideration of the alleged breach may sit on the Panel hearing the case.
iii) The Panel and the Investigating Officer may have the assistance of a legal adviser.
iv) The School Head of Professional Services or their nominee shall act as Clerk to the Panel.
36.10.7 Arrangements for a Hearing
i) Timing of a Hearing
Where a Hearing is required, it shall normally take place within 20 working days[2] of the date of the letter of notification from the Fitness to Practise Officer to the student intimating the decision following the investigation. The student must be given at least 10 working days’ notice of the date of the Hearing. It is acknowledged that when reconvening a panel it may not be possible for the Hearing to take place within 20 working days.
ii) The student will have the opportunity to meet with the Clerk to the Panel (or nominee) within five working days following the recommendation to proceed to a Hearing. The student will be invited to bring a supporter or representative to this meeting where they will receive advice regarding the procedural aspects of the Hearing and the documentation to be submitted.
iii) Preparation of the papers
The Clerk to the Panel shall:
a) provide the student (or their representative) with a copy of the original report submitted to the Fitness to Practise Officer subject to any action taken to protect the anonymity of the person making the report in terms of §36.10.2;
b) provide the student (or their representative) with a copy of the report if one has been prepared by an Investigating Officer;
c) invite the student (or their representative) to submit a written statement in response to the statements contained in the report(s). Such statement must be submitted no later than five working days before the Hearing;
d) invite the student (or their representative) to submit any other documentation which the student wishes the Panel to consider at the Hearing. Any documentation must be submitted no later than five working days before the Hearing.
iv) The student (or their representative) shall be provided no less than 10 working days in advance of the Hearing, with a copy of all papers which shall be before the Panel at the Hearing.
v) The Clerk to the Panel shall notify the student (or their representative) no less than five working days prior to the Hearing of the date, time and location of the Hearing and the names of the Committee who will make up the Panel for the purposes of the Hearing.
vi) The Hearing may take place in person, through a blended modality of in person and electronic attendance or wholly electronically. Those joining the Hearing electronically in whatever capacity will be asked to confirm that they are in a confidential and secure environment.
vii) The Hearing will pause if any technical failure is experienced and recommenced on resolution. If a significant technical issue is experienced for one or more individuals joining electronically it will then be at the discretion of the Convener to continue or to adjourn the Hearing. The key driver in this decision will be to ensure that the student is not disadvantaged in any way.
36.10.8 Preliminary Hearings
i) The Convener may hold a Preliminary Hearing if such a Hearing would, in their opinion, assist the Panel to perform its functions.
A Preliminary Hearing shall be:
a) chaired by the Convener of the Panel considering the allegation under investigation.
b) held with the Clerk to the Panel in attendance.
c) held in private with the student and any person the Convener considers appropriate.
ii) The Clerk to the Panel shall give the student not less than 10 working days’[2] notice of any Preliminary Hearing.
iii) Where a Preliminary Hearing becomes necessary it has the effect of pausing the timescales in §36.10.7.
iv) The Preliminary Hearing may take place in person, through a blended modality of in person and electronic attendance or wholly electronically. Those joining the Preliminary Hearing electronically in whatever capacity will be asked to confirm that they are in a confidential and secure environment.
v) The student shall have the right to be accompanied, assisted or represented at the Hearing as permitted in §36.6. The student shall inform the Clerk to the Panel at least five working days before the Hearing of the name of any legal representative. Where the student seeks to have two individuals in attendance, one shall attend as an observer only.
vi) The Convener may give directions to the student (or their representative). Directions may include, but shall not be limited to:
a) time limits for the service of evidence and disclosure of expert evidence (if any);
b) a requirement that the student provide an estimate as to the length of Hearing and any dates on which they or any witnesses would not be able to attend the Hearing;
c) where facts are not in dispute, or the issue of impairment is admitted, a requirement that the student produce a statement;
d) in cases where health of the student will be raised as an issue in the proceedings, whether medical reports should be obtained;
e) a requirement that the author of an expert report should be called as a witness;
f) where it can be agreed, a direction that a witness statement shall stand as evidence in chief of that witness;
g) special measures to be put in place at the Hearing for vulnerable witnesses;
h) adjournment of the Preliminary Hearing or that a further Preliminary Hearing should be held.
vii) The Clerk to the Panel must:
a) keep a written record of directions given;
b) send written confirmation of such directions to the student normally within five working days of the Preliminary Hearing.
36.10.9 Attendance at Hearing
i) The student shall be required to attend the Hearing. Where the student is prevented from attending by ill health and has notified the Clerk to the Panel of this prior to the Hearing, the Hearing shall normally be deferred on submission of medical evidence. Where the student states their decision not to attend the Hearing in writing to the Clerk to the Panel, or where the student does not attend on the date appointed and no notification of the absence has been received, if the Convener is satisfied that the student has received due notice of the Hearing, the Panel may proceed to deal with the case and to reach a decision in the student’s absence.
ii) The Fitness to Practise Officer or their appointed representative shall attend the Hearing to present the circumstances of the referral and shall have the right to name any person or persons they wish to be present to provide evidence relating to the referral.
iii) The Convener may decide to postpone a Hearing if reports requested by the Convener or the Fitness to Practise Officer or their appointed representative are delayed or not provided.
iv) The Hearing may take place in person, through a blended modality of in person and electronic attendance or wholly electronically. Those joining the Hearing electronically in whatever capacity will be asked to confirm that they are in a confidential and secure environment. Where it is known that oral evidence will be led, the Hearing will normally take place in person.
v) The student shall have the right to be accompanied, assisted or represented at the Hearing as permitted in §36.6. The student shall inform the Clerk to the Panel at least five working days[2] before the Hearing of the name of any legal representative. Where the student seeks to have two individuals in attendance, one shall attend as an observer only.
vi) The Fitness to Practise Officer or their appointed representative may name any person or persons they wish to be present to provide evidence to the Committee however any such person is under no obligation to attend the Hearing or provide written evidence. The name of any person or persons called by the Fitness to Practise Officer or their appointed representative will be provided to the student no later than 10 working days before the date of the Hearing.
vii) The student may name any person or persons they wish to be present to provide evidence on their behalf; however any such person is under no obligation to attend the Hearing or provide written evidence. The name of any person or persons, called by the student, who have agreed to provide evidence shall be provided to the Clerk to the Panel no later than five working days before the date of the Hearing. The student shall be responsible for arranging the attendance of such persons at the Hearing with the exception of members of staff of the University who shall be notified of the date, time and location of the Hearing by the Clerk to the Panel.
viii) If any person or persons are unable or unwilling to attend the Hearing, the Convener shall be responsible for deciding if the Hearing should proceed on the date arranged or be deferred. A written statement may be presented by any person who has been invited to attend the Hearing but is not available at the date specified. In considering such written statements, the Panel shall note that it will not be possible to pursue or clarify any issues arising from them, and in such cases the weight of such evidence may be limited.
ix) The Hearing shall be held in private. Strict confidentiality shall be observed.
36.10.10 Professional Advice
Where the Panel requires the advice of an expert to deal with a question of fact or special difficulty, such an expert shall provide a written report and where appropriate shall be invited to attend the Hearing to provide evidence.
36.10.11 Procedure for the Conduct of a Hearing
i) The Panel shall rely only on the papers which have been prepared for the Hearing, and evidence presented at the Hearing. Unauthorised electronic recordings of previous meetings or events will not be admissible as evidence at the Hearing.
ii) At the Hearing:
a) the Convener shall invite the student and their supporter or representative to make a statement. If this invitation is declined the Panel will move to §36.10.11 (ii) (b);
b) the Fitness to Practise Officer or their nominee shall present the circumstances of the case. The Panel shall then address any questions to the relevant parties including those appearing to advise the Panel or called to provide evidence and shall afford the student and their supporter or representative an opportunity to question the persons involved through the Convener;
c) the Panel shall consider any request from the student’s supporter or representative to make a statement or to put questions through the Panel Convener to anyone whom the Panel has examined. Any observer permitted under §36.10.9 (v) should put any questions through the student’s supporter or representative;
d) the Panel shall afford the student an opportunity to make a final statement or to have one made on their behalf;
e) the Convener shall seek confirmation from all parties that all necessary information has been conveyed to the Panel.
iii) Thereafter all persons except the Fitness to Practise Panel, its Clerk and any legal adviser(s) appointed to advise the Panel shall retire while the Panel considers its decision. The Panel shall reach its decision or defer the decision pending further investigations.
iv) In reaching its decision the Fitness to Practise Panel will aim to treat all students fairly and to adhere to the principles of natural justice. The Panel shall attempt to ascertain all relevant facts with a view to coming to a reasonable disposal.
v) At any stage the Convener may adjourn the Hearing if they consider this to be necessary.
vi) Any unauthorised electronic recording of the Hearing is expressly forbidden by the University and may constitute a student conduct offence in terms of the Code of Student Conduct. The written note of the Hearing produced by the Panel’s appointed note taker(s) alone will constitute the formal record.
36.10.12 Interim Finding
i) The Panel may determine that the student’s fitness to practise is impaired however may consider that remedial action may resolve the impairment. On this basis, the Panel may reach an interim finding. In this circumstance the following outcomes are open to the Panel:
a) The student is suspended from their programme of study for a period. The student will normally be required to meet conditions set by the Panel in the period of suspension. Their progress, including but not exclusively, against the conditions, will inform both any review meetings and reconvened Hearings.
b) The student is permitted to continue with conditions and will be formally reviewed.
ii) The Hearing will be reconvened after an appropriate time interval on one or more occasions to review the student and to reach a final outcome. The Panel Convener and membership will normally remain the same.
iii) The Panel will agree the timings of the formal review(s) and what reports should inform them. The review meetings will normally take place with the Panel Convener and the Fitness to Practise Officer. The report(s) of these meetings and any supporting material will form part of the documentation for consideration by a reconvened Hearing. The student and their supporter will be in attendance at the review meeting(s).
iv) The Hearing will be reconvened immediately on the request of the Fitness to Practise Officer if the student is alleged to have breached any condition required of them. A further investigation may take place if required and at the discretion of the Fitness to Practise Officer and will be presented to the reconvened Panel.
36.10.13 Disposal
i) The Panel shall determine the matter at the conclusion of its consideration of the referral or as soon as possible thereafter.
ii) The Panel may determine by a majority and the Convener will have the casting vote in any determination relating to the student if necessary.
iii) The following outcomes are open to the Panel following a Hearing:
a) The student receives no warning or sanction.
b) The student receives a warning as there is evidence of misconduct but the student’s fitness to practise is not impaired to a point requiring any further sanction.
c) The student receives a sanction. Sanctions are as follows:
Undertaking – A promise given by the student in writing to the Panel that there will not be a repeat of the circumstances or behaviour leading to the referral.
Undertaking and Conditions – A promise given by the student in writing to the Panel that there will not be a repeat of the circumstances or behaviour leading to the referral and that they agree to the conditions or actions which may be imposed or applied. These include but are not limited to:
- remedial tuition; or
- repeat of specified part(s) of the programme of study; or
- increased supervision.
Suspension – This prevents a student from continuing on their programme for a specified time and stops them from graduating at the expected time. During the period of suspension, the student may undergo a medical assessment or medical treatment, or other form of remedy and thereafter be required to demonstrate fitness to practise to the satisfaction of the Fitness to Practise Officer.
Expulsion – The Panel can expel a student from the programme if they consider this is appropriate for ensuring the protection of the patient, or client group, or the public. It is applied where the student’s behaviour is fundamentally incompatible with continuing on a professional programme.
iv) Any sanction imposed will come into effect on the day on which the outcome letter is dated and issued to the student.
v) Where a student is unable to demonstrate fitness to practise to the satisfaction of the Fitness to Practise Officer at the conclusion of a specified period of supervision or completion of medical treatment or other form of remedy, the case shall be referred to the School Fitness to Practise Panel for further consideration.
vi) The Panel’s determination and the reasons for the decision, with reference to any findings of fact, shall be provided in writing to the student by email normally within 10 working days[2] of the decision being determined. If it is not practicable to provide the determination and the reasons for the decision within this timescale, the student shall be informed of the reason for the delay and a new timescale shall be provided.
36.10.14 Records and Reports
The Clerk to the Panel shall prepare a written report of the Hearing. The report and the papers presented to the School Fitness to Practise Panel shall be held in a confidential file in the office of the School Head of Professional Services. A reference to the report shall be held in the student's file until the conclusion of the programme of study after which the report shall be archived and retained for the period set out in the Fitness to Practise Privacy Notice. The School Fitness to Practise Panel shall decide whether a report shall be submitted to the professional body.
36.10.15 Annual Review
The School Fitness to Practise Committee shall review its proceedings annually and shall provide an annual report to Senate.
36.11 Review by the Senate Fitness to Practise Appeals Committee
36.11.1 Jurisdiction of the Senate Fitness to Practise Appeals Committee
The Senate Fitness to Practise Appeals Committee ('the Appeals Committee') shall consider appeals by students against a decision of a School Fitness to Practise Panel which falls within the scope of grounds for an appeal to Senate.
36.11.2 Lodging an appeal
Time within which an appeal is to be lodged and late appeals
i) Where an appeal lies against a decision of the School Fitness to Practise Panel in terms of §36.11.3, the appeal or intention to appeal shall be submitted in writing to the Appeals Committee at senate-appeals@glasgow.ac.uk within 10 working days[2] of the student being informed of the decision against which they are appealing. Where an intention to appeal is submitted, the full appeal, including the grounds, remedy and all supporting evidence, shall be submitted within 20 working days of the date of the letter or email stating the student’s intention to appeal.
ii) An application for an extension of time for submitting an appeal beyond the stated timescales shall be made in writing to senate-appeals@glasgow.ac.uk for the attention of the Clerk of Senate and shall include sufficient information concerning the nature of the appeal, shall state the grounds on which an extension of time is sought and be accompanied by such evidence of medical or other adverse personal circumstances as are relevant to the application.
iii) An application for extension of time for submitting an appeal shall not be granted unless the Clerk of Senate is satisfied that the student was precluded from appealing within the stated timescales as a result of serious illness or other circumstances which are both exceptional and relevant to the appeal.
36.11.3 Grounds for an appeal
i) An appeal may be made to the Appeals Committee against a decision of a School Fitness to Practise Panel only on the grounds that:
a) the student has new material evidence that they were unable, for valid reasons, to provide to the School Fitness to Practise Panel and which is likely to have had a material bearing on a decision made by the Panel;
b) there has been defective procedure at School level resulting in material detriment to the student;
c) the disposal by the School Fitness to Practise Panel was manifestly unreasonable.
ii) In the case of a claim of unfair or defective procedure, evidence in the form of written statements or formal documents must be provided. Advice on a subject data access request can be obtained from the Data Protection Office.
iii) Where the student claims that the disposal at School level was unreasonable; the student must state in writing the respects in which they believe that the School Fitness to Practise Panel erred in coming to its decision or was mistaken in that decision.
36.11.4 Content of a letter of appeal
The letter of appeal should be concise and shall state:
a) the name, address and student ID number of the student and the email address to be used for correspondence (the student email address will be used unless otherwise instructed by the student);
b) the decision appealed against;
c) all the grounds for the appeal: additional grounds may be admitted subsequently only at the discretion of the Convener; additional grounds presented at the Hearing may lead to adjournment of the Hearing;
d) the remedy or remedies which the student seeks;
e) the name and address of any person whom the student has appointed as a representative or who will accompany the student at the Hearing.
36.11.5 Constitution of the Senate Fitness to Practise Appeals Panel
i) The Appeals Panel shall be constituted as follows:
a) the Clerk of Senate or their nominee as Convener;
b) two members drawn from the membership of the School Fitness to Practise Committee as appointed by the School in which the student is studying, one of whom may be a lay member of the relevant professional body or lay member of the University;
c) two representative members of the profession concerned from another UK University or body with appropriate fitness to practise experience.
ii) These five members shall constitute the quorum.
iii) A representative of the student body may attend the Hearing in the role of observer unless the subject of the referral has expressed the wish that no such representative shall be present.
iv) No member of a School Fitness to Practise Panel shall be entitled to serve on the Appeals Panel. Where a member of the Appeals Committee has participated directly in the decision appealed against, that member shall not sit for that appeal.
v) The Appeals Panel may have the assistance of a legal adviser.
vi) A member of Academic Policy & Governance or nominee shall act as Clerk to the Appeals Panel.
36.11.6 Consideration of appeals
Power to give directions
i) Upon receipt of a letter of appeal, the Convener may direct the student (or their representative) or any party to the proceedings, to furnish additional evidence, information or explanation as may be thought to be appropriate.
ii) A direction to the student (or their representative) shall state the period of time by which the student shall respond in writing following which the appeal may be dismissed by the Convener.
Preliminary Disposal
iii) The Convener after consultation with two members of the Appeals Panel may make a preliminary disposal in order to accelerate a decision. The Convener may:
a) dismiss the appeal because the subject-matter of the appeal does not fall within the scope of §36.11.3;
b) dismiss the appeal because no competent grounds have been stated or because the appeal is frivolous or vexatious or because the appeal is out of time or because the student failed to comply with a direction made in terms of §36.11.6(i) and (ii);
c) dismiss the appeal because it does not establish a case that disposal at School level involved defective or unfair procedure, or a failure to take relevant evidence of medical or other adverse personal circumstances into account or was manifestly unreasonable;
d) dismiss the appeal because the new evidence submitted by the student could reasonably have been presented to the School Fitness to Practise Panel;
e) refer the appeal to the School Fitness to Practise Committee with whatever guidance or direction it considers appropriate, which may include a direction that the case is heard again by a Panel which is not constituted by any member who was involved in the first decision;
f) refer the appeal to the Senate Fitness to Practise Appeals Panel for a full Hearing. Provision of a Hearing does not imply that a case has been established.
iv) The Convener may also take such other interim action by way of direction as they deem appropriate.
v) The Clerk to the Appeals Panel shall state in the letter to the student (or their representative) intimating the outcome of the preliminary disposal the reasons for the decision and shall provide the papers which were considered by the Appeals Panel.
vi) If at any stage of the process the University becomes aware of a defect resulting in, or likely to have led to, a material detriment to the student, the matter will be referred to Clerk of Senate of their nominee to consider if the decision should be rescinded and the matter returned to the previous stage of the process.
36.11.7 Arrangements for a Hearing before a Senate Fitness to Practise Appeals Panel
i) Timing of the Hearing
When a full Hearing is required, the Appeals Panel shall meet within 20 working days[2] of receipt of the letter of appeal or as soon thereafter as is practicable.
ii) Preparation of the papers
The Clerk to the Appeals Panel shall:
a) request a copy of the papers which were before the School Fitness to Practise Panel and a report of the Hearing including information relating to the manner in which the decision appealed against was reached;
b) request any other reports or information relevant to the appeal;
c) request the Convener of the School Fitness to Practise Panel to provide a written response to the statements made in the letter of appeal and to name any person or persons whom they wish to appear to provide evidence;
d) provide the Appeals Panel and the student normally 10 working days before the Hearing with a copy of all papers relevant to the appeal;
e) notify the student no less than five working days before the Hearing of the date, time and location of the Hearing and the names of the members of the Appeals Panel who will consider the case.
iii) The Hearing may take place in person, through a blended modality of in person and electronic attendance or wholly electronically. Those joining the Hearing electronically in whatever capacity will be asked to confirm that they are in a confidential and secure environment. Where it is known that oral evidence will be led, the Hearing will normally take place in person.
iv) The Hearing will pause if any technical failure is experienced and recommenced on resolution. If a significant technical issue is experienced for one or more individuals joining electronically it will then be at the discretion of the Convener to continue or to adjourn the Hearing. The key driver in this decision will be to ensure that the student is not disadvantaged in any way.
36.11.8 Attendance at Hearing
i) The student shall be required to attend the Hearing. Where the student is prevented from attending by ill health, the Hearing shall normally be deferred on submission of medical evidence. If the student does not attend on the date appointed and no notification of the absence has been received, if the Convener is satisfied that the student has received due notice of the Hearing, the Appeals Panel may proceed to deal with the case and to reach a decision in the student’s absence.
ii) The student shall have the right to be accompanied, assisted or represented at the Hearing as permitted in §36.6. The student shall inform the Clerk to the Appeals Panel at least five working days[2] before the Hearing of the name of any legal representative. Where the student seeks to have two individuals in attendance, one shall attend as an observer only.
iii) The student may name any person or persons they wish to be present to provide evidence on their behalf however any such person is under no obligation to attend the Hearing or provide written evidence. The name of any person or persons called by the student to provide evidence shall be provided to the Clerk to the Appeals Panel no later than five working days before the date of the Hearing. The student shall be responsible for arranging the attendance of such persons at the Hearing with the exception of members of staff of the University who shall be notified of the date, time and location of the Hearing by the Clerk to the Appeals Panel.
iv) If any person or persons are unable or unwilling to attend the Hearing, the Convener shall be responsible for deciding if the Hearing shall proceed on the date arranged or be deferred. A written statement may be presented by any person who has been invited to attend the Hearing but who is not available at the date specified. In considering such written statements, the Appeals Panel shall note that it will not be possible to pursue or clarify any issues arising from them, and in such cases the weight of such evidence may be limited.
v) The Hearing shall be held in private. Strict confidentiality will be observed.
36.11.9 Expert Advice
Where the Appeals Panel requires the advice of an expert to deal with a question of fact or special difficulty, such an expert shall provide a written report and where appropriate shall be invited to attend the Hearing to provide evidence.
36.11.10 Procedure for the Conduct of an Appeal Hearing
i) The Appeals Panel shall rely only on the papers that have been prepared for the Hearing and evidence presented at the Hearing. Unauthorised electronic recordings of previous meetings or events will not be admissible as evidence at the Hearing.
ii) Any unauthorised electronic recording of the Hearing is expressly forbidden by the University, and may constitute a student conduct offence in terms of the Code of Student Conduct.
36.11.11 At the Appeal Hearing
i) The procedure shall be as follows:
a) at the Hearing, the Convener shall invite the student and their representative to make a statement. If the student declines, the Appeals Panel will move to §36.11.11 i) b);
b) the Appeals Panel shall then address any questions to the relevant parties including the student and those appearing to advise the Appeals Panel and shall afford the student and their representative an opportunity to question the persons involved through the Convener. There is an expectation that the student and any relevant parties will respond directly to any questions asked by the Panel;
c) the Appeals Panel shall consider any request from any person present at the Hearing to make a statement or to put questions through the Appeals Panel Convener to anyone whom the Appeals Panel has examined. Any observer permitted under §36.11.8 (ii) should put any questions through the student’s supporter or representative;
d) the Appeals Panel shall afford the student an opportunity to make a final statement or to have one made on their behalf;
e) the Convener shall seek confirmation from all parties that all necessary information has been conveyed to the Appeals Panel, and that the questioning is complete.
ii) Thereafter all persons except the Appeals Panel, its Clerk and any legal adviser appointed to advise the Appeals Panel shall retire while the Appeals Panel considers its decision. The Appeals Panel shall reach its decision or defer the decision pending further investigations.
iii) In reaching its decision, the Appeals Panel will aim to treat all students fairly and to adhere to the principles of natural justice. The Appeals Panel shall attempt to ascertain all relevant facts with a view to coming to a reasonable disposal.
iv) At any stage the Convener may adjourn the Hearing if they consider this to be necessary.
36.11.12 Disposal
i) The Appeals Panel shall determine the matter at the conclusion of its consideration of the appeal or as soon as possible thereafter.
ii) The Appeals Panel may determine by a majority and the Convener will have the casting vote in any decision relating to the student if necessary.
iii) The Appeals Panel may:
a) dismiss the appeal because the subject matter does not fall within the scope of §36.11.3;
b) dismiss the appeal because the new evidence produced by the student could reasonably have been produced to the School Fitness to Practise Panel;
c) dismiss the appeal because the disposal by the School Fitness to Practise Panel did not involve defective or unfair procedure or was not manifestly unreasonable;
d) refer the appeal to the School Fitness to Practise Committee with whatever guidance or direction it considers appropriate;
e) uphold the appeal and grant whatever remedy it considers reasonable and practical in the circumstances.
iv) Where an appeal is upheld, the University shall reimburse reasonable and proportionate expenses for travel and accommodation where it was necessary for the student to attend in person.
v) The Appeals Panel’s determination and the reasons for the decision, with reference to any findings of fact, shall be provided in writing to the student by email normally within 10 working days[2] of the decision being determined. If it is not practicable to provide the decision and the reasons for the decision within this timescale, the student shall be informed of the reason for the delay and a new timescale shall be provided.
36.11.13 Reference back to a School
i) The Appeals Panel may refer a case back to a School Fitness to Practise Committee where it considers:
a) that evidence made available to the Appeals Panel had not been presented to the School Fitness to Practise Panel; or
b) that there had been defective procedure at the School level;
c) that the decision of the School Fitness to Practise Panel had been manifestly unreasonable.
ii) In the first case, the Appeals Panel may decide to refer the matter to the School Fitness to Practise Panel as originally constituted to hear the appeal in order to permit that Panel to hear the case afresh.
iii) In the second and third cases, the matter shall be considered by a newly constituted School Fitness to Practise Panel.
iv) Where an appeal is made to the Appeals Panel against the decision of the School Fitness to Practise Panel following a reference back, it shall be competent for the Convener, in consultation with at least two other members of the original Appeals Panel, either to dismiss the appeal or to recall the Appeals Panel to hear the case.
36.11.14 Reports to Senate and Annual Review
The Appeals Committee shall review its proceedings annually and shall provide an annual report to Senate.
Independent External Review
If the student is dissatisfied with the outcome of an appeal to the Appeals Committee, they shall have the right to an external review,[5] details of which shall be provided on completion of the appeal, and available from senate-appeals@glasgow.ac.uk.
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Footnotes
[1] In the case of the College of Arts & Humanities, the Fitness to Practise Code is developed at College level, rather than School level and references hereafter to the School Code should be read to include the College Code.
[2] For the purposes of this Procedure, Monday to Friday are counted as working days except when the University is closed for a Public Holiday or other reason. Saturdays and Sundays are not counted as working days.
[3] In the case of the College of Arts & Humanities, references to the role of the Head of School in relation to Fitness to Practise should be read as referring to Head of College.
[4] The Head of School may appoint a further member of senior University staff with an appropriate clinical/professional background to deputise for the School Fitness to Practise Officer or to consider individual cases jointly with the Fitness to Practise Officer as necessary.
[5] External review will be provided by the Scottish Public Services Ombudsman.