These regulations should be read alongside the General Provisions Relating to Academic Appeals, Conduct, Academic Offences and Student Complaints.
1. Introduction
1.1 The Fitness to Practise Regulations apply to students whose programme of study leads to a professional qualification/directly into a profession (for example, medicine, dentistry, nursing and midwifery, psychology, teaching, social work, pharmacy, professional legal training, health and leisure) for which there are academic, behavioural and health requirements (set out by the University and by the relevant regulatory body/bodies) which must be met to ensure suitability to practise. The programme specification will confirm whether a programme is subject to the Fitness to Practise Regulations.
1.2 The fundamental principles of the Fitness to Practise Regulations are:
1.2.1 To safeguard the interests of present or future children, patients, clients and/or service users, staff, other health and care professionals, the student, other students and/or members of the public,
1.2.2 Protect the health and wellbeing of the student,
1.2.3 Comply with the requirements of the relevant professional regulator(s), and
1.2.4 To uphold the reputation of the relevant profession.
1.3 Any condition or conduct with which a student may present and which is considered may affect their ability to practise safely or effectively or which may pose a risk to the safety or interests of children, patients or clients will be deemed to be a fitness to practise issue and will normally be dealt with by the University under its Fitness to Practise regulations.
1.4 Students may be considered unfit to practise on the grounds of:
- Physical or mental health difficulties, including failure to seek and engage with appropriate help/treatment in relation to personal health issues.
- Criminal or other misconduct/academic misconduct.
- Professionally inappropriate behaviour, including failure to engage with any aspect of the course.
- Danger to children/patients/clients, including unsafe or incompetent practice.
This list is not exhaustive.
1.5 Some fitness to practise concerns may arise from a pattern of behaviour over a period of time, rather than one single incident.
1.6 By accepting an offer of a place, and by enrolling on, a professionally regulated Queen’s University Belfast (QUB) programme, a student commits to become subject to the Fitness to Practise Regulations, whether or not they expressly agree to be bound by them, and whether or not they are aware of the substance of the regulations and procedure. Students’ Union Sabbatical Officers are also subject to the Fitness to Practise Regulations.
1.7 Conduct prior to admission to the University may be considered by the University and/or the relevant regulatory body when considering a student’s fitness to practise.
1.8 These regulations may apply to students who are qualified professionals and/or registered members of a regulatory body. The School will take guidance from the relevant regulatory body to determine whether the fitness to practise concerns will be investigated by the University, the regulatory body or both concurrently.
1.9 The appropriate Fitness to Practise Regulations for students registered or receiving tuition in Collaborative Institutions will be set out in the Memorandum of Agreement between the University and the Collaborative Institution. Any issue of interpretation will be determined by the Director of Education and Student Services (University) and the Director/Principal of the Collaborative Institution. Their joint decision will be final.
2. Definitions
In these Regulations:
- An individual who raises a fitness to practise concern against a student shall be referred to as the “Reporting Person”.
- A student against whom a concern of fitness to practise has been raised shall be referred to as the “Responding Student”.
3. General Principles
3.1 Anonymous Reports
Anonymous concerns raised regarding a student’s fitness to practise (including witness statements) will not normally be considered. Should, however, an anonymous concern raise issues of serious concern, the University reserves the right to investigate the matter and to take any appropriate action under the Fitness to Practise Procedure and Regulations. Any person who submits a concern must accept that any statement and/or evidence will be provided to the Responding Student.
3.2 Legal Support
3.2.1 While the Fitness to Practise Regulations/Procedure are not legal proceedings, in addition to section 9 of the General Provisions Relating to Academic Appeals, Conduct, Academic Offences and Student Complaints, Responding Students referred to a Fitness to Practise Panel or who appeal to a Fitness to Practise Appeal Panel may be accompanied by a legal representative (at their own expense).
3.2.2 Where the student opts to have legal representation, the University will also have legal advice and/or representation; this may cause delay to the procedure.
3.2.3 Regardless of whether the student has legal representation or is accompanied by another party, the student will be expected to answer questions about the fitness to practise concerns raised.
3.3 Disclosure of Information
3.3.1 Where a concern regarding a QUB student’s fitness to practise has been raised, the reporting person(s) will not normally be advised of any action or decisions taken under these regulations.
3.3.2 Where a finding of impaired Fitness to Practise is reached in relation to a Responding Student and a sanction is imposed, the University may disclose information regarding this information to relevant members of the University and placement providers to support and monitor the completion of any undertakings and/or conditions. The University may also disclose information to the relevant regulatory body/bodies, as per section 3.3.3.
3.3.3 Disclosure to the Relevant Regulatory body
3.3.3.1 Students must ensure that they are aware of their duty of disclosure of information relating to fitness to practise to the relevant regulatory body/bodies.
3.3.3.2 Where a student is applying for registration or provisional registration, the student may be required to disclose:
- Involvement in any Fitness to Practise proceedings (even where the case is dismissed)
- Any sanction imposed as a result of Fitness to Practise proceedings.
3.3.3.3 Where a student registers with a regulatory body prior to the commencement of their studies, the student must normally disclose the outcome of the Fitness to Practise proceedings to the relevant regulatory body/bodies upon notification of the outcome. These students may also be required to disclose to the relevant regulatory body/bodies when they are notified that they are subject to Fitness to Practise proceedings.
3.3.3.4 Details of fitness to practise concerns, proceedings and sanction(s) imposed will be reported by the University to the relevant regulatory body/bodies and any other appropriate authority as is required.
3.3.3.5 The decision to expel a student due to impaired fitness to practise from certain programmes (medicine, dentistry and pharmacy) will be registered on the Excluded Student Database. The Excluded Student Database is a protocol used by the Medical Schools Council, the Dental Schools Council, the Pharmacy Schools Council and participating Schools for sharing information on students found unfit to practise on courses leading to entry to a registered profession.
3.4 Timescales
3.4.1 From investigation of a concern through to the conclusion of an appeal (not including the period a Responding Student has to submit an appeal), the timeframe should normally take no longer than 90 days.
3.4.2 Additional time may be required for complex cases and/or cases involving legal .
3.4 Responding Student Unable to Engage
3.5.1 The Responding Student must engage with the procedure (including adhering to set timescales and attending meetings) at all points in time and refusal to engage may result in additional fitness to practise concerns being considered (i.e. professional behaviour). Students subject to a suspension from the University are required to engage with proceedings under the Fitness to Practise Regulations while suspended from the University.
3.5.2 If the Responding Student withdraws or is withdrawn from the University during proceedings commenced under the Fitness to Practise Regulations, or if the Responding Student disengages with the Fitness to Practise Procedure, the University reserves the right to:
- Continue with the Fitness to Practise procedure in accordance with these Regulations. The Responding Student will be permitted to attend the investigation meeting(s), Fitness to Practise Panel and (if appealed) the Fitness to Practise Appeal Panel meeting. However, the University also reserves the right to hear the Fitness to Practise concerns in the absence of the Responding Student without further notice, following their withdrawal. The University also reserves the right to consider additional fitness to practise concerns as appropriate; or
- Suspend the Fitness to Practise procedure and, in the event that the Responding Student subsequently applies to the University for re-admission, to recommence the Fitness to Practise procedure in accordance with these Regulations. If the Fitness to Practise procedure is suspended, the University may be required to report information regarding the fitness to practise concern(s) and student withdrawal from the programme to the relevant regulatory body/bodies.
3.5.3 If, during the course of proceedings under the Fitness to Practise Regulations, the Responding Student is deemed unfit to engage with the process, the University will normally suspend the Fitness to Practise procedure until such time as the Responding Student is deemed fit.
3.5.4 Students deemed unfit to engage in the Fitness to Practise procedure will also be deemed unfit to study and will be required to take a period of temporary withdrawal until such time as they are deemed fit to return (see 1.20 of the Regulations for Students). The University recognises that there may be cases where a student is deemed unfit to study, but wishes to progress with proceedings under the Fitness to Practise Regulations, as unresolved or prolonged proceedings can have a greater impact on wellbeing. Decisions as to whether to progress proceedings under the Fitness to Practise Regulations in such circumstances will be made on a case-by-case basis, and may include a referral to the Occupational Health Service to help guide the University’s decision.
4. Fitness to Practise Concerns Raised Close to Graduation
Where a concern about a student’s fitness to practise is raised close to the student’s graduation date, or where the Fitness to Practise Procedure is ongoing close to the student’s graduation date, the University may consult with the relevant regulatory body and may not permit the student to graduate, even if the student is in good academic standing. In such circumstances, graduation will be deferred pending the outcome of any Fitness to Practise proceedings.
5. Entry Routes into the Fitness to Practise Regulations
5.1.1 Repeated Low-level Concerns
5.1.1.1 Fitness to Practise concerns may be raised due to repeated low-level concerns about a student; the accumulation of which evidence a pattern of behaviour raising concern about the student’s fitness to practise. Low-level concerns may include (but are not limited to):
- Missing or arriving late to lectures, teaching sessions, placements etc.
- Lack of commitment to academic work; including failing to submit assessments by the submission deadline.
- Non-engagement or disruptive behaviour during teaching.
- Demonstrating a lack of respect for other students, staff and other professionals (either in person or remotely (i.e. social media, emails, telephone correspondence).
- Inappropriate attitude or behaviour.
5.1.1.2 Repeated low-level concerns do not need to be of the same nature to raise concern about a student’s fitness to practise.
5.1.2 Professionalism Concerns
5.1.2.1 Fitness to Practise concerns may be raised regarding a student’s professional behaviour. Professionally inappropriate behaviour may include (but is not limited to):
- Dangerous or incompetent practice.
- Poor communication.
- Breaching confidentiality.
- Lack of probity/dishonesty.
- Health and safety breaches
- Unlawful discrimination.
- Failing to meet/adhere to the standards and expectations set out by the relevant regulatory and/or professional body/bodies’ guidance for those training to work in the profession.
5.1.3 Students Subject to Police Investigation or Criminal Proceedings
5.1.3.1 Where the concerns regarding fitness to practise relate to an ongoing police investigation or criminal proceedings, the University will normally postpone the Fitness to Practise Procedure pending the outcome of any police investigation and/or criminal proceedings. However, the University may impose interim measures in accordance with the Interim Measures Regulations or may require the student to take a temporary withdrawal whilst police investigations or criminal proceedings are ongoing.
5.1.3.2 If a Responding Student has been convicted of a criminal offence or accepts a police caution, the University will accept this as conclusive evidence that the behaviour took place. Further investigation into the offence will not be necessary and the allegation will be deemed proven. Investigation into a student’s fitness to practise in light of the criminal offence may be necessary or may be dealt with by the Fitness to Practise Panel.
5.1.4 Student Conduct and Academic Offences
5.1.4.1 Where a Fitness to Practise concern also makes allegations of an academic offence and/or a misconduct offence, the allegation relating to the academic offence and/or misconduct offence will first be investigated under the relevant regulations and/or procedure (such as the Conduct Regulations or Procedures for Dealing with Academic Offences), prior to any investigation under the Fitness to Practise Regulations.
5.1.4.2 Where a student is found to have committed a misconduct offence or an academic offence and a penalty is imposed (via the Conduct Regulations or Procedures for Dealing with Academic Offences), the student’s School will be notified of the penalty and the School will consider whether the Fitness to Practise Regulations should be invoked. In cases where the misconduct offence or academic offence penalty is expected to be expulsion from the University, the case may be referred for consideration under the Fitness to Practise Regulations before a penalty is imposed via the Conduct Regulations and/or Procedures for Dealing with Academic Offences.
5.1.4.3 Where a finding of a misconduct offence has been reached under the Conduct Regulations or Procedures for Dealing with Academic Offences, the concerns or offence in question will be deemed proven and further investigation into the misconduct or academic offence will not be required. Investigation into a student’s fitness to practise in light of the misconduct/academic offence may be necessary or may be dealt with by the Fitness to Practise Panel.
5.1.5 Health Concerns
5.1.5.1 Health conditions and disabilities should not normally affect a student’s fitness to practise as long as the student:
- Demonstrates appropriate insight,
- Promptly declares health conditions and/or disabilities which could pose a risk to themselves or others (either on application to the programme or promptly after the condition/disability arises),
- Seeks appropriate medical advice, and
- Complies with treatment; for some students, this may include keeping up to date with compulsory vaccinations.
5.1.5.2 If, for whatever reason, despite adjustments being made and all reasonable avenues explored, concerns remain about a student’s fitness to practise, it may be appropriate to pursue the matter through the Fitness to Practise Regulations. This is of particular importance in cases where the individual fails to engage with treatment or shows no insight into their health condition.
5.1.5.3 In rare cases, it may not be possible for students to continue on their programme of study because, after all options for support and/or reasonable adjustments have been explored, they are unfit to study or their fitness to practise is impaired.
5.1.5.4 Students should be aware that in some circumstances it may not be possible for equivalent reasonable adjustments to be made in the workplace. Such requirements are regulated by The Disability Discrimination Act 1995 (DDA). It is incumbent on students to make enquiries with potential future employers regarding the level of assistance or reasonable adjustments that are likely to be available to them in order to make an informed decision about continuing on their programme of study.
6. Interim Measures
Where deemed appropriate, the University may impose interim measures in accordance with the Interim Measures Regulations.
7. Concerns Raised
7.1 On receipt of a written report regarding concerns about a student’s fitness to practise, the Director of Education (or equivalent) will refer the matter to the Head of School (or nominee) for a decision on whether to invoke the Fitness to Practise procedure.
7.2 In consultation with the Director of Academic Services (or nominee), the Head of School (or nominee) may, if they consider the circumstances warrant it (e.g. if the facts of the case are not contested or have already been proven) refer the case directly to a Fitness to Practise Panel without an investigation being initiated.
8. Low-Level Concerns
8.1 Where considered appropriate, low-level fitness to practise concerns may be dealt with informally by the School; this may include requiring the student to meet with relevant School staff to discuss the concerns and to agree behaviours going forward.
8.2 Low-level concerns will be recorded and may be referred to in any future fitness to practise investigations.
8.3 As per section 3.4.3, Responding Students and/or the University may be required to disclose low-level concerns to the relevant regulatory body.
9. Investigation and the Remit of the Head of School (or Nominee)
9.1 The Investigating Officer will investigate the concern(s) raised and will present their findings to the Head of School (or nominee).
9.2 The Head of School (or nominee) may require additional investigations to be carried out prior to a decision being made on a case.
9.3 In consultation with the Director of Education and Student Services (or nominee), the Head of School (or nominee) will consider the Investigating Officer’s findings and will decide either that:
i. The student’s fitness to practise is not impaired and the case is dismissed.
ii. The student’s fitness to practise is impaired but the student acknowledges the impairment, has shown insight and is seeking ways to address the underlying problem. In such cases, the Head of School (or nominee) may:
a. Impose a warning which will remain on the student’s record until graduation.
b. Require the student to complete a written undertaking in which they agree to adhere to specific conditions. Failure to adhere to an undertaking will normally result in the Fitness to Practise Regulations being invoked to consider the original concerns and the breach of the undertaking.
iii. There are serious concerns about the student’s fitness to practise and the case is referred to a Fitness to Practise Panel.
9.4 In addition to the decisions detailed in 9.3, the Head of School (or nominee) may also determine that the case should be considered under another University regulation or procedure (e.g. the Conduct Regulations or Procedures for Dealing with Academic Offences) as appropriate.
9.5 Some regulatory bodies may require the decision regarding whether a student’s fitness to practise is impaired to be made by a Fitness to Practise Panel. In these cases, the Head of School (or nominee) will refer the case to a Fitness to Practise Panel as per 9.3iii.
9.6 If the Responding Student does not agree with the decision that their fitness to practise is impaired and/or the sanction imposed under 9.3 ii., the student may request that the matter is referred to a Fitness to Practise Panel.
9.7 There is no right of appeal against the Head of School’s (or nominee) decision to refer the case to a Fitness to Practise Panel.
10. Fitness to Practise Panel
10.1 When the Head of School (or nominee), refers the case to a Fitness to Practise Panel, the Fitness to Practise Panel will hear the case and will decide that either:
- The student’s fitness to practise is not impaired and the case is dismissed; or
- The student’s fitness to practise is impaired and will impose one or any combination of the sanctions specified in section 10.2.
10.2 If a student’s fitness to practise is impaired, the Fitness to Practise Panel may impose one or any combination of the following sanctions:
- A written warning which will remain on the student’s record until graduation.
- A written undertaking by the student that there will be no repetition of the behaviour which led to the referral to the Fitness to Practise Panel.
- Condition(s) that the student undertakes specific remedial action and/or a programme of remedial tuition and/or increased supervision.
- Requirement to attend with Occupational Health and to fully adhere to any measures put in place by the School/University based on the findings of the Occupational Health report. The Responding Student will be required to disclose the full details of the Occupational Health report and any failure to do so will be considered evidence in itself of lack of insight or engagement with the Fitness to Practise Regulations; the University will proceed with considering alternative sanctions on this basis.
- Suspension involving the total prohibition on attendance at or access to the University facilities and on any participation in University activities; suspension may be subject to qualification, such as permission to attend for the purpose of an examination. Students under suspension will not be eligible to enrol or graduate.
- Expulsion from the programme and offer the student the option to transfer to a non-professional programme of study.
- Expulsion from the programme and not permit a transfer to another programme of study.
10.3 Failure to adhere to an undertaking or condition will normally result in the Fitness to Practise Regulations being invoked to consider the original concerns and the breach of the undertaking/condition.
11. Appeals Against the Decision of the Fitness to Practise Panel
11.1 Students who have a sanction imposed by a Fitness to Practise Panel may submit an appeal to the Fitness to Practise Appeal Panel on one or both of the following grounds:
- Substantial and relevant new evidence has become available which was not known by the student and/or could not reasonably have been obtained by the student to present to the Fitness to Practise Panel, which has had a material effect on the outcome, making it unsound.
- There is evidence of a procedural irregularity in the conduct of the investigation or the Fitness to Practise Panel which had a clear and demonstrable impact on the decision.
11.2 Dissatisfaction with a sanction does not itself constitute grounds for appeal.
11.3 In some circumstances, it may be possible to permit a suspended or excluded student to attend classes pending an appeal. This will be dependent on the nature of the course, the time of year, the nature of the suspension/expulsion and other factors relevant to the case. This will be at the discretion of the Head of School (or nominee) in consultation with the Director of Education and Student Services (or nominee). If the Head of School (or nominee) and/or Director of Education and Student Services (or nominee) have had prior involvement in the student’s fitness to practise case, they should nominate a member of staff to act on their behalf and consider the student’s request to attend class pending an appeal.
11.4 The Fitness to Practise Appeal Panel will hear the case and decide that either:
- The student has not demonstrated valid grounds for appeal and the decision of the Fitness to Practise Panel will stand.
- The student has demonstrated valid grounds for appeal and the appeal is therefore allowed. The case will then be referred back to the School for consideration by another Fitness to Practise Panel. In such circumstances, no member of the new Fitness to Practise Panel shall have been involved in the case previously.
11.5 The decision of the Fitness to Practise Appeal Panel shall be final and there is no further internal right of appeal. However, a student may make a complaint about maladministration to the Northern Ireland Public Services Ombudsman (NIPSO) within six months of notification of the final decision.
12. Further Information
12.1 Advice on these regulations may be obtained from Academic Affairs (email: appeals@qub.ac.uk).