The Fitness to Study Policy

Fitness to study looks at how well a student can fully engage with their studies and meet their objectives of their programme without endangering their own wellbeing or anyone else. Any student who declares health conditions or disability will be subject to Fitness to Study consideration. 

Grounds for concern regarding Fitness to Study may include: 

• The student posing a risk to themselves or someone else.
• The students behaviour is (at risk of) negatively affecting the experience of others in the university course. 
• The students behaviour is (at risk of) negatively affecting the day-to-day activities of the university.

Concerns can be raised by either the student or a third party for example; other students, academic stuff or administration staff. 

Procedure 

If concerns about a student Fitness to Study are raised by either the student or someone else, a meeting will be called with the Faculty's Fitness to Study Advisor (FSA). After this meeting, if there have been no changes in the student's behaviour, then a Fitness to Study panel will be called to determine whether the student should stay enrolled at the University. The Advice Service can accompany students to the meeting with the FSA and the Fitness to Study Panel but cannot talk for them.

There are four potential outcomes of the panel:

• The student will be declared fit to study and the case will be dismissed - advice on how to avoid panels in the future will be given. 
• The student is fit to study if a managed study plan is followed - a plan be made and monitored by the relevant person.
• The student is unfit to study and will not be fit to study in the foreseeable future - the student will be excluded.
• The student is unfit to study but may be fit to study after a determined period of time - the student will be temporarily suspended. 

Appeals

The appeal must be based on one or more of the following grounds and only the student accused can appeal against the findings and/or against the sanctions imposed:

• a material procedural irregularity, which might have impacted significantly on the validity of the original hearing and the subsequent penalty;
• new evidence that could not reasonably have been made available to the initial disciplinary hearing;
• that the penalty imposed by the disciplinary hearing was too severe bearing in mind the circumstances of the case and the treatment of other students in similar positions. 

A student should submit a statement of appeal within ten working days from the date printed on the Decision Notice they are wishing to appeal, which must be sent to the Academic Registrar. 

If the Academic Registrar decides the appeal is valid they will appoint a new Appeal Panel, who have not been involved with the matter. The student lodging the appeal is entitled to attend this meeting. 

The student will be informed of the decision in writing together with the reasons. The original decision can be retracted, amended or upheld. If the appeal is unsuccessful, the student will have completed the University's appeal process and can take their appeal to the Office of the Independent Adjudicator for Higher Education if they are still unhappy. 

The Fitness to Reside Policy

The University has a Fitness to Reside policy. This relates to a student's ability to live well with others, observing rules and norms that promote a pleasant and safe living environment in an University allocated or third party nominated hall.

A student's fitness to reside may come into question for lots of different reasons. These could be present before you become a resident, or develop whilst you are in halls. For example. you could flat a mental health issue before moving in or someone may become concerned about your welfare while you are living in halls. There are times when there may be support that needs to be put in place for you that requires funding or alterations/ installations to the room or building which is not available within existing University provisions or by third party nominated halls.

If your fitness to reside is ever questions, you should always first be supported in an informal way by the university and halls provider, to help decide on steps that will enable you to keep living in halls.

If these measures have been exhausted, and there are still concerns, a Fitness to Reside Panel will be called. 

Procedure 

If you are called to a Fitness to Reside Panel, you will be told so. The formal notice will have the date, time and venue of the Panel, details of where help and advice can be sought, and a copy of any documents that may be considered during the meeting. 

A fitness to Reside Panel typically has 5 people in attendance from the University's side: The Head of Residential Services or nominated representative as Chair, the Head of Wellbeing or nominated representative, a Student Union representative and a secretary who will produce a record of the proceedings. The Hall Manager or their representative, will present the case and all evidence to the panel for consideration. 

There are 4 outcome for a fitness to reside. 

• Fit to reside and the case is dismissed. You will be advised on which behaviours cause concern, and how such concerns may be avoided in the future. 
• Fit to reside if a managed engagement plan is followed. 
• Unfit to reside and no  demonstration of intent to change in order to remain: - the accommodation contract with the student will be cancelled and the student issued with a formal 28 day notice to quit. 
• Unfit to reside and not allowed to stay during the formal 28 day notice to quit period as it would be inappropriate. The student will be required to move for the notice period, to more suitable alternative accommodation, if available. This would apply if there were serious concerns regarding the safeguarding of themselves, other students, staff and the wider community; unacceptable disruption to the stability of the hall and wider University community and the student experience. 
• Serious concerns regarding the safeguarding of themselves, other students, staff and the wide community; 
• Unacceptable disruption to the stability of the hall and wider University community and the student experience. 

Within two working days of the Fitness to Reside Panel, the Chair via the Secretary shall issue the Decision Notice.  

Appeals

The appeal must be based on one or more of the following grounds and only the student accused can appeal against the findings and/or against the sanctions imposed: 

• a material procedural irregularity, which might have impacted significantly on the validity of the original hearing and the subsequent penalty;
• new evidence that could be reasonably have been made available to the initial disciplinary hearing;
• that the penalty imposed by the disciplinary hearing was too severe bearing in mind the circumstances of the case and the treatment of other students in similar positions. 

A student should submit a statement of appeal within ten working days from the date printed on the Decision Notice they are wishing to appeal, which must be sent to the Director of Estates and Campus Services, or their representative, which should be headed 'statement of appeal against the decision of the Fitness to Reside Panel.' 

The student will be informed of the decision in writing, together with the reasons. The original decision can be retracted, amended or upheld. If the appeal is unsuccessful, the student will have completed the University's appeal process and can take their appeal to the Office of the Independent Adjudicator of Higher Education if they are still unhappy. 

The Fitness to Practice Policy

Fitness to Practice looks at whether a student has followed the rules and regulations of professional bodies governing their course. Students on particular professional courses are expected to maintain and respect standards set out by the course’s professional body. At the start of the students course these standards and expectations should be made clear. For example a Nursing student is expected to follow NMC regulations, in which the governing body uses these regulations to help decide whether the student is fit for the role of Nurse. 

Procedure 

The Academic Registrar will give a formal notice of impending disciplinary action relating to Fitness to Practice to each student named in the allegation of misconduct. This formal notice will include the Allegation of Major Offence, the details of the inquiry meeting, copy of the evidence, and information surrounding support and representation at the panel. 

Fitness to Practice panels are convened in accordance with the expectations of the relevant professional body. During the panel, the allegation will be discussed and evidence presented. This is the students opportunity to provide their side of the argument. If a student is unable to attend the panel, they can submit a written statement to the panel to be considered at the inquiry. 

Writing a Statement

In preparation for the inquiry students are advised to write a statement of the circumstances that led to the inquiry. For the statement students should include:

•  How you think the allegation has been brought up.
•  How you believe you haven’t broken any professional, statutory and regulatory bodies regulations, or the university’s own Code of Student Behaviour.
• What outcome they would like from this stage.
•  Any evidence that supports their statement.
• Any extenuating circumstances they may have been experiencing at the time.

After the inquiry the student will be issued a Decision Notice by the Academic Registrar. This will contain a summary of the major points of the inquiry, the rationale for its findings, the findings of the inquiry, if relevant and any penalty the student may face. 

Appeals

You have the right to appeal the decision made if you are not happy with it. However the Appeal must be based on one or more of the following grounds and only the student accused can appeal against the findings and/or against the sanctions imposed: 

A. a material procedural irregularity, which might have impacted significantly on the validity of the original hearing and the subsequent penalty; 

B. new evidence that could not reasonably have been made available to the initial disciplinary hearing; 

C. that the penalty imposed by the disciplinary hearing was too severe bearing in mind the circumstances of the case and the treatment of other students in similar positions. 

A student should submit a statement of appeal within 10 working days from the date printed on the Decision Notice they are wishing to appeal, which must be sent to the Academic Registrar. 

If the Academic Registrar decides the Appeal is valid they will appoint a new Appeal Panel, who have not been involved with the matter. The student lodging the Appeal is entitled to attend this meeting. 

The student will be informed of the decision in writing together with the reasons. The original decision can be retracted, amended or upheld. If the appeal is unsuccessful, the student will have completed the University’s appeal process and can take their appeal to the Office of the Independent Adjudicator for Higher Education (OIAHE) if they are still unhappy and for an independent review.