Procedure: Fitness to practice
Fitness to Practise Procedure
11.3 Procedural Introduction and Support
11.3.1 If we receive an allegation about your behaviour we will send it to the relevant Course Leader who will decide whether to start an investigation.Our procedure has the following stages:
- Stage 1 – School-Level Investigation
- Stage 2 – Cause for Concern Hearing
- Stage 3 – Fitness to Practise Hearing
- Stage 4 – Requesting a Review of the Hearing Outcome
11.3.2 There are deadlines within this procedure and we expect you to keep to these unless you have compelling independent evidence to show why you could not do this. We are also expected to meet our deadlines but there will occasionally be times when we are unable to do this for good reason. If so, we will let you know why and keep you informed of progress.
11.3.3 You must provide all evidence, information and details of witnesses at the earliest possible opportunity. You should give this information to us as part of our Cause for Concern investigations. If you do not do this, we might not be able to take your information into account at later stages. Exceptionally we may allow you to bring new evidence or witnesses with you to a hearing if you have good reason why this could not have been provided during our investigations.
11.3.4 If an allegation raised under this regulation would be more appropriately dealt with using a different University procedure, we will advise you which procedure to use and why. If someone raises an allegation under another procedure, we may choose to consider it as a disciplinary matter instead. If so we will explain why and confirm the correct procedure to be used.
11.3.5 If you have a disability and would like to discuss reasonable adjustments with us to take into consideration as part of the investigation process, please email studentconduct@hud.ac.uk.
11.3.6 We acknowledge that these procedures can be difficult and as such, 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.
11.4 Precautionary Measures
11.4.1 If we decide to impose precautionary measures on you, you may be prevented from carrying out certain activities. These are explained in Section 14.
11.5 Stage 1: School-level investigation
11.5.1 The Fitness to Practise Lead (or appropriate nominee) will investigate the allegation(s) and will not normally have prior involvement in the case. If you are studying at a Collaborative Partner, your case will be investigated by a nominee at your Institution. The purpose of the investigation is to try to establish the facts.
11.5.2 When we invite you to meet with us we will email you and we will tell you about the allegation that has been made and provide you with a copy of the evidence that we have received. You will have the right to be accompanied by a supporter. This is someone who can support you during your meetings but will not be able to talk on your behalf or to represent you unless approval has been given prior to the meeting. You should seek independent advice from the Students’ Union Advice Centre because they have experience of supporting and advising students during fitness to practise proceedings. You can be supported by one of their advisers at any stage of the procedure.
11.5.3 If you are unable to attend the meeting with the investigator then you must have independent evidence to confirm why and you must have informed the investigator before the date of the meeting. If your meeting can be postponed, you will be advised of the new date and time once it has been rearranged.
11.5.4 If you fail to attend your meeting with the investigator without having contacted them to postpone your meeting, they will report this to the Dean and Head of Department.
11.5.5 Once the investigator has met with all the relevant parties and concluded their investigation a report will be provided to the Dean (or their nominee) who will make a decision based on the report and advise you of their decision. If there is to be any delay in completing the investigation and/or submitting the report, you will be advised. We will conclude our investigation as soon as possible, however, individual cases may differ.
11.6 Possible outcomes from the School-level Investigation
11.6.1 You will be advised of the outcome of our decision by email no later than 5 working days of the meeting. The possible outcomes from the school-level investigation include:
| Outcome | Fitness to Practise Impaired? | Outcome Description | Action |
|---|---|---|---|
| No case to answer | No | If during the investigation you had any precautionary measures imposed, we will lift them immediately and you will receive confirmation of this. | The case is deemed as closed. |
| Warning with or without recommendations | No |
A warning may be issued if the School concludes that a breach of professional standards or conduct has occurred but that your fitness to practise is not impaired to the point of requiring a more serious sanction. Warnings are formal statements that indicate that your behaviour represents a departure from the standards expected of you and should not be repeated. The school may recommend you undertake certain actions as a result of the investigation, such as engaging with support or seeing your PAT on a regular basis. |
The case is deemed as closed but the warning will be held on your student file.
Refer to 11.11.2 for information on PSRB notification |
| Referral to Cause for Concern Hearing | Yes | The School determine that a breach has occurred which cannot reasonably be addressed at stage 1 | You may be temporarily allowed to continue on your course, but the case is deemed ‘open’ until the Cause for Concern Hearing has taken place. |
11.6.2 Once your case has been deemed as closed, if during the investigation you had any precautionary action measures imposed, we will lift them immediately and you will receive confirmation of this.
11.7 Stage 2: Cause for Concern Hearing
11.7.1 If the Dean (or nominee) believes that, on balance of probabilities, there is enough evidence that there has been an alleged breach of professional standards or professional conduct a Cause for Concern Panel will be convened. This is a formal school level hearing to consider the alleged breach of professional standards or conduct.
11.7.2 Prior to being issued with the confirmed meeting date and documentation, you will be notified of the names of the proposed panel members. If you believe that a member of the panel has a conflict of interest then you are required to notify your School within 2 working days. If we do not hear from you within this timescale then it will be assumed you are happy with the panel membership.
11.7.3 Once the panel has been confirmed you will be invited to attend your hearing. You will be given at least 5 working days’ notice of the hearing date.
11.7.4 Your formal hearing invite request will include the following information and documentation:
- The time, date and location of the hearing.
- The confirmed members of the panel.
- The details of the allegation(s) and the evidence received, including the details of the investigation.
- A copy of this procedure.
11.7.5 You are entitled to have a supporter with you at the panel. A supporter will normally be a member of the Students’ Union Advice Centre, a member of academic staff or a member of staff from Student Services. A supporter will not normally be able to speak on your behalf and is there to support you. You must provide the name of any supporter who will attend the panel with you at least 2 working days in advance of the panel date.
11.7.6 If you have any mitigation, written statements, or witness statements for the panel to consider you must provide this at least 2 working days before the date of the panel. If you would like witnesses to attend the panel it is your responsibility to inform your witnesses of the panel date and ensure that they can attend. You should also email your School to confirm the names of your witnesses at least 2 working days in advance of the panel date.
11.7.7 The Cause for Concern Panel membership is expected to include:
- A senior member of staff with appropriate knowledge of professional Codes of Conduct (Chair).
- A second senior member staff from the University. This may be an academic or professional services member of staff, independent of your course.
- A member of academic staff drawn from the professional field in the School.
11.7.8 Panel members and Chairs will receive appropriate training before they can sit on a panel and make decisions about fitness to practise matters.
11.7.9 Other attendees who are not members of the Cause for Concern panel may include:
- the student;
- the student’s supporter;
- the investigator;
- the Course Leader/ Fitness to Practise Lead from the school;
- witnesses for the school or the student;
- a note taker.
11.7.10 If you want the panel to hear your version of events, we expect you to attend the panel meeting. If you do not want to attend the panel and present your version of events you can submit a statement no later than 2 working days before the date of the panel. Please be aware that if you decide not to attend you will not able to answer any questions that the panel may want to ask you.
11.7.11 If you indicate that you will be attending the Cause for Concern panel but you are prevented from doing so for good reason, which can be evidenced, and you advise the School before the panel date then the meeting may be postponed to a later date.
11.7.12 If you indicate that you will be attending the Cause for Concern panel but fail to attend and do not inform the School prior to the panel date, then the meeting will go ahead and a decision will be reached based on the information available to the panel.
11.7.13 If you fail to confirm your attendance and all attempts to contact you have failed, then the panel will go ahead and a decision will be reached based on the information available to the panel.
11.7.14 In exceptional circumstances, the panel may adjourn for a short period of time to obtain additional evidence or clarification before reaching a decision. If this happens, you will be informed by email and kept updated.
11.7.15 If your case is considered to be very serious in nature, then it may be reasonable to send the case directly to a Fitness to Practise Hearing, once the investigation has taken place. If this happens we will tell you why.
11.8 Outcomes from the Cause for Concern Hearing
11.8.1 You will be advised of the outcome of our decision by email no later than 5 working days of the date of the panel.
11.8.2 It is your responsibility to advise the appropriate professional body on the outcome of any Fitness to Practise investigation when it is deemed closed. You should refer to your Course Materials regarding any occasions where either you or we are required to notify the PSRB governing your course of any outcomes or sanctions relating to your Fitness to Practise and adhere to these.
11.8.3 The possible outcomes from the Cause for Concern Panel include:
| Outcome | Fitness to practise impaired? | Outcome description | Action |
|---|---|---|---|
| No case to answer | No | If during the investigation you had any precautionary measures imposed, we will lift them immediately and you will receive confirmation of this. | The case is deemed as closed. |
| Warning with or without recommendations | No |
A warning may be issued if the panel concludes that a breach of professional standards or conduct has occurred but that your fitness to practise is not impaired to the point of requiring a more serious sanction. Warnings are formal statements that indicate that your behaviour represents a departure from the standards expected of you and should not be repeated. The Panel may recommend you undertake certain actions as a result of the investigation, such as engaging with support or seeing your PAT on a regular basis. |
The case is deemed as closed but the warning will be held on your student file. Refer to 11.11.2 for information on PSRB notification |
| Case pending review | Yes | A case pending review is applied when the panel decides that a breach of professional standards or conduct has occurred and your fitness to practise is impaired, but they are satisfied that you have displayed an insight into your behaviour and would respond to support. An action or actions asked of you will be determined by the panel and will be based upon the circumstances of the individual case. Actions will be clearly explained so that you understand what is expected of you, and you will be asked to complete these within a reasonable timescale. The criteria for the actions to be met will be explained to you and recorded so that a future panel can reach a decision when reviewing if the actions have been met.
Examples of actions may be (but not limited to):
|
You will be temporarily allowed to continue on your course, but the case is deemed ‘open’ until the actions are met and the Panel are satisfied with their review. You will be notified when the case is closed or if further action is required. The investigation will be held on your student file. Refer to 11.11.2 for information on PSRB notification |
| Referral to Fitness to Practise Hearing | Yes |
The panel determine that a serious breach has occurred which cannot reasonably be addressed at stage 2 OR The panel have met to consider the completed actions which were set at the Cause for Concern meeting and determine that these have not satisfactorily been met. |
You may be temporarily allowed to continue on your course, but the case is deemed ‘open’ until the Fitness to Practise Hearing has taken place. |
11.8.4 Once your case has been deemed as closed, if during the investigation you had any precautionary action measures imposed, we will lift them immediately and you will receive confirmation of this.
11.9 Stage 3: Fitness to Practise Hearing
11.9.1 The Fitness to Practise hearing is the formal University-level hearing held to consider the alleged serious breach of professional standards or conduct.
11.9.2 Prior to being issued with the confirmed meeting date and documentation, you will be notified of the names of the proposed panel members. If you believe that a member of the panel has a conflict of interest then you are required to notify Registry via studentconduct@hud.ac.uk within 2 working days. If we do not hear from you within this timescale then it will be assumed you are happy with the panel membership.
11.9.3 Once the panel has been confirmed you will be invited to attend your hearing. You will be given at least 5 working days’ notice of the hearing date.
11.9.4 Your formal hearing invite request will include and provided with the following information and documentation:
- The time, date and location of the hearing.
- The confirmed members of the hearing panel.
- The details of the allegation(s) and the evidence received, including details of the investigation and the Cause for Concern process.
- A copy of this procedure.
11.9.5 You are entitled to have a supporter with you at the hearing. A supporter will normally be a member of the Students’ Union Advice Centre, a member of academic staff or a member of staff from Student Services. A supporter will not normally be able to speak on your behalf and is there to support you. You must provide the name of any supporter who will attend the hearing with you at least 2 working days in advance of the hearing date.
11.9.6 If you have any mitigation, written statements, or witness statements for the panel to consider you must provide this at least 2 working days before the date of the hearing. The names of service users or any other means of identifying service users should not be included in any material you provide as evidence. You should not share any personal details of patients, pupils or other service users as part of your evidence. If you do, this may well constitute a Fitness to Practise breach in itself, which may be considered as part of the case.
11.9.7 If you would like witnesses to attend the hearing it is your responsibility to inform them of the hearing date and ensure that they can attend. You should also email studentconduct@hud.ac.uk to confirm the names of your witnesses at least 2 working days in advance of the hearing date.
11.9.8 The Fitness to Practise panel membership for the hearing will include:
- A Fitness to Practise Lead or equivalent from another School (Chair).
- An external practitioner drawn from the relevant profession.
- An internal member of academic staff drawn from the profession; and
- An elected officer of the Students’ Union (or nominee).
11.9.9 Panel members and Chairs will receive appropriate training before they can sit on a panel and make decisions about fitness to practise matters.
11.9.10 Other attendees who are not members of the panel may include:
- the student;
- the student’s supporter;
- the investigator;
- the Course Leader/ Fitness to Practise Lead from the school;
- witnesses for the school or the student;
- a note taker.
11.9.11 If you want the panel to hear your version of events we expect you to attend the hearing. If you do not want to attend the hearing and present your version of events you can submit a statement no later than 2 working days before the date of the hearing. Please be aware that if you decide not to attend the hearing you will not able to answer any questions that the panel may want to ask you.
11.9.13 If you indicate that you will be attending the Fitness to Practise Hearing but you are prevented from doing so for good reason, which can be evidenced, and you advise the Fitness to Practise Team at studentconduct@hud.ac.uk before the meeting date then the hearing may be postponed to a later date.
11.9.14 If you indicate that you will be attending the Fitness to Practise Hearing but fail to attend and do not inform the Fitness to Practise Team at studentconduct@hud.ac.uk prior to the meeting date then the hearing will go ahead. A decision will be reached based on the information available to the panel and you will waive your right to appeal against the decision.
11.9.15 If you fail to confirm your attendance and all attempts to contact you have failed then the hearing will go ahead. A decision will be reached based on the information available to the panel and you will waive your right to appeal against the decision.
11.9.16 In exceptional circumstances, or if you name someone, as part of this procedure, they have a right to respond to any statements you make. The panel may adjourn for a short period of time to obtain additional evidence or clarification before reaching a decision. If this happens, you will be informed by email and kept updated.
11.10 Outcomes from the Fitness to Practise Hearing
11.10.1 You will be advised of the outcome of our decision by email no later than 5 working days of the date of the panel.
11.10.2 It is your responsibility to advise the appropriate professional body on the outcome of any Fitness to Practise investigation, when it is deemed closed. You should refer to your Course Materials regarding any occasions where either you or we are required to notify the PSRB governing your course of any outcomes or sanctions relating to your Fitness to Practise and adhere to these.
11.10.3 The outcomes and sanctions from the Fitness to Practise Hearing include:
| Outcome | Fitness to practise impaired? | Outcome description | Action |
|---|---|---|---|
| No case to answer | No | If during the investigation you had any precautionary measures imposed, we will lift them immediately and you will receive confirmation of this. | The case is deemed as closed. |
| Warning with or without recommendations | No |
A warning may be issued if the panel concludes that a breach of professional standards or conduct has occurred but that your fitness to practise is not impaired to the point of requiring a more serious sanction. Warnings are formal statements that indicate that your behaviour represents a departure from the standards expected of you and should not be repeated. The Panel may recommend you undertake certain actions as a result of the investigation, such as engaging with support or seeing your PAT on a regular basis. |
The case is deemed as closed but the warning will be held on your student file. Refer to 11.13.2 for information on PSRB notification |
| Case pending review | Yes |
A case pending review is applied when the panel decides that a breach of professional standards or conduct has occurred and your fitness to practise is impaired, but they are satisfied that you have displayed an insight into your behaviour and would respond to support. An action or actions asked of you will be determined by the panel and will be based upon the circumstances of the individual case. Actions will be clearly explained so that you understand what is expected of you, and you will be asked to complete these within a reasonable timescale. The criteria for the actions to be met will be explained to you and recorded so that a future panel can reach a decision when reviewing if the actions have been met. Examples of actions may be (but not limited to):
|
You will be temporarily allowed to continue on your course, but the case is deemed ‘open’ until the actions are met and the Panel are satisfied with their review. You will be notified when the case is closed or if further action is required. The investigation will be held on your student file. Refer to 11.13.2 for information on PSRB notification |
| Temporary restriction from course with/without actions for review | Yes |
If the panel decides that a serious breach of professional standards or conduct has occurred and your fitness to practise is impaired then the panel may temporarily restrict you from the course you are registered on. This is appropriate when the panel considers that, due to either your behaviour or health, temporary restriction from the course is the only way to protect the public, other students or staff. A temporary restriction will be used to allow you time to reflect and learn from the allegations with a view to demonstrating your suitability to return to the course at a later date. You may be set actions to complete as part of your temporary restriction to further demonstrate your fitness to practise and your insight of the breach, at a later date. Examples of actions may be (but are not limited to):
|
You will not be allowed to continue on your course until the Panel reassess your fitness to practise and any actions set. You may be required to meet with the Panel again as part of this process. You will be notified when the case is closed or if further action is required. The investigation will be held on your student file. Refer to 11.13.2 for information on PSRB notification. |
| Permanent withdrawal from the course | Yes | If the panel decides that a serious breach of professional standards or conduct has occurred and your fitness to practise is seriously impaired, then the panel may decide to permanently withdraw you from the course you are registered on. Permanent withdrawal from the course is appropriate when the panel considers that withdrawal from the course is the only way to protect the public, other students or staff because of your behaviour or health. You will not be permitted to continue with your course. You may be able to apply to an alternative, non-accredited version of your course (if available), or a different non-accredited course within the University. |
The case is deemed as closed and the investigation will be held on your file. You will not be able to return to study on your course. Refer to 11.13.2 for information on PSRB notification. |
| Permanent exclusion from the University | Yes | If the panel decides that such a serious breach of professional standards or conduct has occurred, and your behaviour has been deemed so serious that both your fitness to practise and ability to continue as a student with the University is seriously impaired then you may be permanently excluded from the University. Permanent exclusion from the University is appropriate when the panel considers that withdrawal from the course is the only way to protect the public, other students or staff because of your behaviour or health. You will not be permitted to study with the University at any point in the future. |
The case is deemed as closed and the investigation will be held on your file. You will not be able to return to study at the University. |
| A recommendation to the Director of Registry that the award or credit is to be revoked under regulation 1.15. | Yes | In addition to the sanctions listed here, the panel may decide to recommend that credit or your whole award (if applicable) is revoked. This will be considered under a separate regulation, outlined in 1.15. |
N/a |
11.10.3 Once your case has been deemed as closed, and during the investigation you had any precautionary action measures imposed, we will lift them immediately and you will receive confirmation of this.
11.11 Stage 4: Fitness to Practise Appeal Procedure
11.11.1 You can request a review of the decision made at any stage of the Fitness to Practise process, if you can evidence one or more of the following grounds:
- You can demonstrate that a procedural irregularity occurred during the hearing.
- You can demonstrate that an unreasonable decision was reached and/or the penalty was disproportionate or not permitted under the procedures.
- You have exceptional circumstances which for good reason you could not tell us about at the hearing.
- That there was a bias or reasonable perception of bias within the process.
11.11.2 Disagreement with the severity of the penalty imposed is not a ground for a review.
11.11.3 You must request a review within 10 working days from the date that we send you the hearing outcome, by completing the Fitness to Practise Appeal Form and sending it to studentconduct@hud.ac.uk.
11.11.4 If we receive your request after the deadline has passed and you have not provided a good reason, with independent evidence, about why your request is late we will not uphold your request on the basis that it has been submitted late.
11.11.5 Once a review request has been lodged and accepted, no outcome will take effect until the review procedure has been completed unless you have been temporarily suspended, withdrawn or excluded which will remain in place.
11.11.6 We will decide, within 20 working days, whether to uphold the original decision or hold another meeting. If we decide to uphold the original decision then this decision will be final and will bring to an end the University’s internal procedure. There are no further stages of appeal and we will issue you with a completion of procedures letter at this stage.
11.11.7 The reviewer will either decide to uphold the original decision or hold another hearing. If the reviewer decides to uphold the original decision this decision will be final and will bring to an end the University’s internal procedure. There are no further stages of appeal and we will issue you with a completion of procedures letter.
11.11.8 If we decide to hold another meeting, we will ensure that the panel (if stage 2 or 3) contains new members who have not been involved in the previous decision. The investigator will be the same person as before. The note taker may also be the same person as before. Please note that it is the panel (if stage 2 or 3) that makes the decision, not the investigator or the note taker.
11.11.9 If scheduled, the new meeting will follow the procedure as set out above and the decision of this meeting will be final and will bring to an end the University’s internal procedure. You will still have the opportunity to appeal a decision made by a new panel, as per the procedure listed above.
11.12 OIA: Independent Review of Fitness to Practise
11.12.1 You can request an independent review of our final outcome. You will need to send your completion of procedures letter to the Office of the Independent Adjudicator (OIA) within 12 months of the date of the completion of procedures letter.
11.13 The courses covered by this procedure
11.13.1 With placement:
- BSc (Hons) Optometry;
- MOptom
- MSc Paramedic Science (Pre-Reg)
- BSc Paramedic Science (including apprenticeship courses)
- MPharm;
- CertEd/ProfGCE/PGCE/PgDipE Lifelong Learning Pre-service;
- CertEd/ ProfGCE/PGCE/PgDipE Lifelong Learning In-service;
- PGCE Secondary Education with QTS (including School Direct, g. employment based and Apprenticeship routes);
- PGCE Primary Education with QTS (including School Direct, employment based and Apprenticeship routes);
- BA(Hons) Primary and Early Years Education with QTS;
- BA(Hons) Youth and Community Work/Studies;
- MA Professional Studies (Youth Work) (full-time);
- MA Professional Studies (Guidance) (full-time);
- BA(Hons) Early Years;
- BA(Hons) Learning Support;
- BA(Hons) Education and Professional Development;
- MA Professional Studies (Youth Work) (part-time);
- MA Professional Studies (Guidance) (part-time);
- BA(Hons) Childhood Studies;
- EYTS Course;
- BA(Hons) Secondary Music Education;
- BA(Hons) Secondary Religious Education;
- BA (Hons) Education;
- BA Early Childhood and Education;
- BA(Hons) Special Educational Needs, Disability & Inclusion (full time);
- BSc (Hons) Operating Department Practice (including apprenticeship);
- BSc (Hons) Occupational Therapy (including apprenticeship);
- BSc (Hons) Physiotherapy (including apprenticeship);
- BSc (Hons) Podiatry FT and PT;
- BSc (Hons) Social Work;
- MSc Social Work;
- BSc (Hons) Nursing Child/Adult/Mental Health/Learning Disabilities (including apprenticeship courses);
- MSc Pre-registration Nursing (including apprenticeship courses);
- BSc (Hons) Midwifery Studies (including apprenticeship);
- MSc Advanced Clinical Practice;
- MSc Community Nursing Practise (District Nursing);
- PG Cert/MSc Cognitive Behaviour Therapy (CBT);
- MSc Public Health Nursing Practice;
- MSc Podiatric Surgery;
- Foundation Degree Nursing Associates (including apprenticeship);
- BSc (Hons) Speech and Language Therapy;
11.13.2 Without placement:
- EdD;
- Education and Professional Development MA Suite (all routes);
- BA(Hons) Religion & Education;
- MSc Podiatry;
- MSc Theory of Podiatric Surgery;
- Supplementary Prescribing for AHP;
- Forensic Podiatry PG Cert;
- MSc Child Welfare and Safeguarding;
- BSc (Hons) Nursing Studies (Top up, distance learning);
- Supporting Learning in Practice;
- MA Child Safeguarding;