Fitness to Study Procedure
Fitness to Study Procedure
10.5 Procedural Introduction and Support
10.5.1 We are committed to supporting your health, wellbeing and academic success throughout your studies and take a positive approach to the management of your physical and mental health issues.
10.5.2 This procedure will be used in circumstances where your fitness to study gives us cause for concern. There may be occasions where we become concerned about whether you are able to achieve your best, or whether you are compromising those around you to achieve their best.
10.5.3 We recognise that sometimes you might behave unacceptably because you are ill. In these circumstances, it may be inappropriate to follow our Student Disciplinary procedures. Instead, we will use our Fitness to Study procedure to provide a supportive process.
10.5.4 Many students receive support whilst they complete their studies, and we encourage all students to access support from the earliest opportunity, be that from the University or external services.
- Use our Wellbeing Support website to seek specific support or contact the Wellbeing Team for support by emailing studentwellbeing@hud.ac.uk
- Access the University’s online support network at home or on campus, Togetherall. This service is available 24 hours a day
- Contact the Students’ Union Advice Centre (SUAC) who provide free, independent, confidential and impartial advice to everyone on their rights and responsibilities.
- If you are experiencing mental health or emotional difficulties, you can contact your GP to discuss how you are feeling.
- If you require urgent support, access our emergency contact information. This includes mental health services and emergency services information.
- In an emergency, please call 999
10.5.5 We understand that our use of any procedure may increase your experience of stress, particularly if you do not accept the role and purpose of the procedure. At all times during the procedure, we will attempt to minimise any stress caused and help you to understand that our main purpose is to support you. The support available to you is outlined below;
- Contact the Students’ Union who provide free, independent, confidential and impartial advice to everyone on their rights and responsibilities either by telephone 01484 473446 or email advice-centre@hud.ac.uk
- The Wellbeing support website to seek specific support or contact the wellbeing team for support on studentwellbeing@hud.ac.uk
- Access the University’s online support network at home or on campus, Togetherall. This service is available 24 hours a day.
10.5.6 The procedure has three stages:
- Stage 1: Initial and/or emerging concerns
- Stage 2: Continuing and/or serious concerns
- Stage 3: Persistent and/or critical concerns
10.5.7 We explain this in detail below and encourage you to be accompanied and/or represented at all stages of the procedure by a supporter. This might be a Students’ Union Adviser, a member of staff, friend, relative, health professional or disability support worker.
10.5.8 A variety of different people may raise concerns about you, for example, University staff, other students, health professionals, placement providers or members of the wider community. We will take any such concerns seriously because your wellbeing is our main concern. We will deal with these reports sensitively and non‐judgmentally and in a coordinated manner across the University.
10.5.9 We have a duty to the whole University community to meet their health, safety and wellbeing needs, as well as the same duty to you. Therefore:
- We cannot assure you of complete confidentiality throughout this procedure;
- We may need to share your information with others in order to help you and keep everyone safe;
- We will only share personal information with a limited number of people who need to know. This may include the police or NHS if we believe that you are a risk to yourself or others;
- We will normally inform you of the identity and capacity of anyone we consult with about you, unless we believe their safety to be at risk.
10.5.10 We will deal with your case according to your individual circumstances. In exceptional cases, we may vary this procedure in the interests of fairness and/or health and safety. For example, in crisis situations, or where we are concerned that your attendance at a meeting would be unduly stressful, or where you are in hospital.
10.5.11 If you are unwilling or unable to participate at any stage of this procedure or to attend a meeting, we may still follow this procedure where it is reasonable to do so. We may also deal with issues and make decisions based on written reports and statements, if you and/or your supporter are absent from meetings.
10.5.12 In cases where we think it is in your own and/or others’ best interests, we may escalate immediately to a higher stage without completing the procedure at the lower stage.
10.6 Precautionary measures
10.6.1 If we decide to impose precautionary measures on you, you may be prevented from carrying out certain activities temporarily. These are explained in Section 13.
10.7 Stage 1: Initial and/or Emerging Concerns
10.7.1 We expect to deal informally with initial or emerging concerns about your fitness to study, wherever possible. Your school will invite you to an informal meeting as soon as possible to discuss the concerns raised.
10.7.2 In the meeting, we will discuss the concerns and any support needs you may have. We will ask for your views and give you an opportunity to respond to our concerns. You will be able to disclose if you have an underlying health condition that might be relevant. If you have not already done this, we may encourage you to seek support from the Wellbeing Service. We can also refer you directly to this service, if you give your permission.
10.7.3 We will explain why we are concerned. To support you, we may:
- Suggest support arrangements and/or reasonable adjustments to be put in place for you;
- Agree an action plan with you, setting out how the matter will be managed and any requirements on you (for example, in respect of your conduct or the support you should seek);
- Suggest and agree with you a voluntary period of interruption
- Refer the matter to another stage of this procedure.
10.7.4 Where we draw up an action plan under stage 1, we will arrange a date to review the plan with you. We will decide whether the action plan should continue and, if so, whether we need to amend it.
10.7.5 If a positive resolution is achieved at stage 1, then no further action will be needed. However, if you refuse to engage with us or we are not satisfied with your progress, we may refer you to stage 2 or stage 3 of this procedure. If this is the case, we will inform you of the next steps in writing within five working days of the meeting. We will give you our reasons and explain any actions you need to take.
10.8 Stage 2: Continuing and/or Serious Concerns
10.8.1 If we have serious concerns about your fitness to study, or if the support provided at stage 1 was not successful, we will take a more formal approach. We will invite you to attend a stage 2 meeting as soon as possible to discuss these concerns.
10.8.2 Before the meeting takes place, your school will seek help from Registry and may consult a range of people to help us understand your case.
10.8.3 We will give you reasonable notice of the meeting venue, time and date and we will explain the purpose of the meeting.
10.8.4 At the meeting, we will explore any support needs you may have, and ask you to tell us what has happened. We will provide you with our records of any previous meetings with you under this procedure.
10.8.5 The following staff members will normally be in attendance at your meeting:
- A representative from your school (who will act as Chair)
- A member of staff from Registry
- A colleague from the Student Services team
- A note taker
This group will determine whether your fitness to study is impaired or may become impaired and any actions which we need to take.
This may include but is not limited to one or more of the following outcomes:
- Support arrangements and/or reasonable adjustments for you to continue your studies;
- An action plan, setting out how we will manage the matter and what you need to do, for example, in respect of your future conduct or the support that you must seek;
- Referral to another support service;
- Referral of your case to another stage in the procedure;
- A period of voluntary interruption to study. There is information on interrupting your studies in Section 5 of the regulations and procedures for research students. .
10.8.6 If you are following an action plan, we will give you a copy of it and arrange a review date. The review group will usually comprise of the same individuals who met with you at the stage 2 meeting. They will discuss your progress with you and decide whether you should continue to follow the action plan and, if so, whether we need to amend it. They will consider whether you have complied with the requirements of the action plan and, if not, whether the matter should be referred to stage 3 of this procedure.
10.8.7 We will normally communicate the outcome of the stage 2 meeting to you in writing within 5 working days.
10.9 Stage 3: Persistent and/or Critical Concerns
10.9.1 If we have persistent or critical concerns about you, we will invoke stage 3 of the procedure. This will depend upon the circumstances of the matter, for example, the seriousness of the concern, the risk posed, and whether you are able to engage with the process. If you are referred directly to stage 3, you will be provided with an explanation as to why.
10.9.2 Normally, we will hold a stage 3 case conference to discuss our concerns and consider possible outcomes. The case conference will usually comprise:
- The Director of Registry or nominee (who will act as chair),
- A Students’ Union Officer (or nominee)
- A senior member of staff from your school
- A representative from Student Services
If it is appropriate in the circumstances, a medical professional and/or a police officer may be present and asked to provide information. A note taker will also be present.
10.9.3 We will normally invite you to attend the case conference, where we will ask you to respond to our concerns. Given that we will only invoke stage 3 in the most critical of situations, the procedure needs to move quickly. We will inform you of the case conference in writing at least two working days in advance. We will explain the purpose of it, the nature of our concerns, and who will be present.
10.9.4 During the case conference, we will ask you to respond to our concerns. We may also consider records of previous meetings with you, any action plans, medical reports, etc. We will then determine whether your fitness to study is impaired or may become impaired and any actions that we need to take. This may include, but is not limited to, one or more of the following outcomes:
- Support arrangements and/or reasonable adjustments for you to continue your studies;
- An action plan, setting out how we will manage the matter and what you need to do, for example, in respect of your future conduct or the support that you must seek;
- Referral to an earlier stage of this procedure;
- Withdrawal from placement, overseas study or other university related activity;
- Alternative modes of study;
- Interruption of study;
- Restriction from university premises for a stated period of time, with reasonable arrangements put in place to support your study;
- An interruption of study for a stated period of time;
- Stipulate any conditions you should meet prior to a return to study on campus;
- Withdrawal from your course.
10.9.5 If you are following an action plan, we will give you a copy of it and we will arrange a review date. The review group will usually comprise of the same individuals who met with you at the stage 3 case conference. They will discuss your progress with you and decide whether you should continue to follow the action plan and, if so, whether we need to amend it. They will consider whether you have complied with the requirements of the action plan and, if not, whether one of the other outcomes above is now appropriate.
10.9.6 We will normally communicate the outcome of the stage 3 meeting within 5 working days.
10.10 Return to Study Meeting
10.10.1 If your studies have been interrupted under this procedure, you will normally be asked to attend a Return to Study meeting in advance of your return. This is so the Panel can assess whether you are now fit to study. The Panel will usually comprise of the same individuals who met with you at the stage 3 case conference.
10.10.2 The Panel will review conditions set of you and may ask you to provide evidential assurance that returning to your studies will not be detrimental to your health. You may also be required to make an appointment with the Student Service team, your Supervisor and/or the school support team before you are allowed to re-enrol.
10.10.3 We will normally communicate the outcome of the meeting within 5 working days.
10.11 Fitness to study Appeal procedure
10.11.1 You can appeal against the outcome of any stage. You can appeal on one or more of the following grounds:
- The University has failed to follow its own procedure;
- The decision is unreasonable and/or a disproportionate sanction has been imposed;
- Your circumstances have changed;
- You have relevant new information/evidence that you could not reasonably have provided before.
10.11.2 The Students’ Union Advice Centre can support you through the appeal process.
10.11.3 You should email your appeal to is studentconduct@hud.ac.uk within 10 working days of receiving your outcome, and a member of the Registry team will consider it. This individual, who will not normally have had any previous connection with your case, will read your appeal and determine whether there are valid grounds for it. Where they think you have valid grounds, they may invite you to submit additional evidence within a specified timeframe, if relevant.
10.11.4 The Pro Vice Chancellor will consider your appeal and will make one of the following decisions:
- Reject the appeal; or
- Approve the appeal, and:
- Refer the matter back to an earlier stage of this procedure for reconsideration. We will do this, for example, if the correct process has not been followed or relevant new information or evidence is available; or
- Apply an alternative outcome.
10.11.5 We will notify you of the outcome together with our reasons within 10 working days of receipt of the appeal. The decision of the Pro-Vice Chancellor is final. We will issue you with a Completion of Procedures letter at this point.
10.12 OIA: Independent review of the Fitness to Study appeal decision
10.12.1 Our appeal decision is final and there are no further appeal stages within the University. If you wish to request an independent review of our final decision, you should contact the Office of the Independent Adjudicator (OIA) within 12 months of the date of the completion of procedures letter.