Regulations governing fitness to practise

1. Purpose

1.1 A number of the University’s courses entitle successful graduates to become registered members of regulated professions. The regulators of those professions, including the Nursing and Midwifery Council, the Health and Care Professions Council, and Social Work England, require that the University has processes in place to ensure that students are fit to practise during their programme of study, and upon registration.

1.2 Fitness to practise is the ability to meet professional standards; it is about character professional competence and health. A student is fit to practise if they have “the skills, knowledge, character and health to practise their profession safely and effectively”.   

1.3 The University also runs courses for those on a professional register or who work with children or in a care setting with vulnerable adults and there is a duty of care to the public to ensure safe practise. 

1.4 The purpose of these Regulations is to ensure that those entering, or on, a professional register, or who are working with children or vulnerable adults are fit to practise and to ensure the following: 

• the protection of the public, present or future patients, clients, and service users; 

• the safeguarding of children and vulnerable adults; 

• the upholding of professional standards, including the relevant codes of conduct; 

• the maintenance of the reputation of the profession and public confidence in the profession; 

• compliance with the requirements of professional/regulatory bodies; and 

• that students are not awarded a qualification that permits them to practice a professional if they are not fit to do so. 

1.5 It should be noted that reputation in this context does not just relate to an individual’s personal reputation but to the collective reputation of the profession. 

1.6 Where students are employed in regulated activity (as defined by the Disclosure and Barring requirements), either as a professional or other worker, the University may, in the interests of public safety, be required to inform their employer of any concerns around their fitness to practise or fitness to undertake a regulated activity. 

1.7 It is the responsibility of students to familiarise themselves with the relevant professional standards, and these Regulations, and meet the requirements of both. 

2. Scope

Courses leading to Professional Registration

2.1 These Regulations apply to students on a course leading to a new registration status with their professional, statutory or regulatory body, i.e., pre-registration students. Such students are subject to consideration of their fitness to practise by the University from the moment they apply to the course to the point when they become eligible for registration with their professional body (including students who have successfully completed their programme of study). 

2.2 The above courses include, but are not restricted to, pre-registration courses in nursing, midwifery, social work, paramedic medicine, operating department practice. 

Apprenticeships 

2.3 For apprenticeships, where an issue arises during the apprentice’s  Off-the-Job Training (learning which leads towards the achievement of the apprenticeship, and can include the teaching of theory, practical training, shadowing, mentoring, industry visits, learning support and time spent writing assignments),  the University will take the issue through this fitness to practise process and will inform the employer where a fitness to practise issue has occurred. Where the formal stage is implemented in relation to a concern raised, and a Fitness to Practise Panel is convened, the employer will be a member of the Fitness to Practise Panel.  Where the issue occurs outside of the Off-the-Job Training, the employer will normally deal with this using the workplace disciplinary processes. However, the University reserves the right to deal with the matter if considered appropriate to do so in the interests of public safety. 

Continuous Professional Development & Advance Studies 

2.4 These Regulations also apply to students who are already registered members of a profession but who may be undertaking continuing professional development or advanced studies with the University (which does not lead to a new registration status). These Regulations will be used where students’ conduct while on the course raises concerns about their suitability to be on that register, for example, through persistent plagiarism or through evidence of unsafe practice or behaviour. 

2.5 The above courses include, but are not restricted to, post-registration courses in nursing and midwifery. 

Regulated Activities 

2.6 These Regulations also apply to students who are working towards a qualification which involves working in regulated activity (as defined by the Disclosure and Barring requirements) or otherwise caring for children or vulnerable adults. These Regulations will be used where the student’s conduct while on the course raises concerns about their suitability to work in this environment, for example, through evidence of unsafe practice or behaviour. 

2.7 The above qualifications include, but are not restricted to, the BA Early Years Education, BA Education Studies, and the MSc in Dementia Care. 

2.8 These Regulations apply to students during term-time, during vacations throughout their period of study (including any periods of deferral) and whether on campus, on placement, or even in their personal or everyday lives. 

2.9 Concerns which may be considered under these Regulations include, for example, those relating to students’ health, behaviour, attitude or competence which may affect their fitness to practise in their relevant profession. These concerns may arise inside or outside the University and may be brought to the attention of the University by any person or organisation. 

2.10 Where concerns about a student are raised under these Regulations and also under one or more additional University Regulation such as the Academic Regulations, the Regulations for Academic Offences or the Student Disciplinary Regulations, the University will use the Regulations which are the most appropriate, taking into account fairness to the student, the scope and purpose of the Regulations, and the University’s responsibilities to professional bodies. This decision will be taken by the University Secretary in consultation with the appropriate Course Leader and Head of School. 

2.11 Decisions made under these Regulations may not be changed by Assessment Boards. 

2.12 The University may start proceedings under these Regulations up to six months after a student has ceased to be a student of the University, for example where there is a professional or regulatory code of conduct which places a continuing duty on the University to ensure that students are fit to practise and/or to recognise breaches that may put members of the public at harm. Such proceedings will only address issues that arose while the individual was a registered student of the University. 

2.13 Where students withdraw from their course of study after fitness to practise proceedings have started, the University may continue the proceedings. 

3. Principles

3.1 Support: any student involved in a fitness to practise process can access help and support from the Students’ Union. Any student who is invited to a meeting or interview under these Regulations is entitled to be accompanied by a representative from the Students’ Union or a current registered student at the University. Legal representation is not permitted except for exceptionally complex cases, to be determined by the University Secretary. 

3.2 Timeliness: the fitness to practise process once commenced will be dealt with as quickly and expeditiously as possible. The whole process should normally be completed within 40 working days from the receipt of the initial investigation report. This timeframe requires students to engage with the fitness to practise process by meeting all the University’s stipulated deadlines and attending any meetings to which they are invited. 

There may be cases where, for good reason, the University will need to extend the timeframe for dealing with the case. Students will be kept informed of any delays. 

3.3 Reasonable Adjustments: If a student has a confirmed disability, specific learning difficulty and/or mental health condition, the University will make reasonable adjustments in respect of the fitness to practise proceedings. Adjustments will be relevant to the student’s disability, specific learning disability and/or mental health condition and may involve external support.  

4. When these Regulations will be applied

4.1 These Regulations will be applied when there are concerns about students’ personal or professional suitability to remain on their course of study, as outlined in section 2: Scope above, for example when students: 

4.1.1 demonstrate unprofessional behaviour or behaviour that poses a direct risk to themselves or others, calls into question their suitability for working in that environment, or threatens the reputation of the University, placement provider, or the profession.  Unprofessional behaviour may relate to an underlying pattern of conduct or a single significant breach of professional standards. Behaviour outside of the professional setting may also be taken into consideration if it has the potential to impact the reputation of the profession or raises wider concerns.  Examples of unprofessional behaviour include: 

• aggressive or abusive behaviour or intimidation;  

• reckless or unsafe behaviour;  

• discriminatory behaviour or treating others without dignity;  

• sexual offenses or misconduct;  

• drugs or alcohol misuse, or illegal supply; 

• failure to follow professional good practice or guidance;  

• dishonesty or falsification of documentation; 

• persistent poor attitude or lack of commitment to the profession, including poor attendance; disregard of procedure, requirements and official communications, disrespect to academic staff, placement staff, service users, other students, poor time management, persistent failure to submit work; 

• other breaches of professional standards – e.g. breach of confidentiality, inappropriate behaviour with service users. 

4.1.2 commit an offence under the University’s Student Code of Conduct or Academic Regulations which raises doubts about their professional suitability; 

4.1.3 is charged and/or convicted of a criminal offence following their initial registration on the course; 

4.1.4 fail to disclose information on application which would have influenced acceptance on the course; 

4.1.5 self-disclose information during the course which would be deemed to impact on suitability to practise; 

4.1.6 have a physical or mental health condition which may put themselves or others at risk; 

4.1.7 fail to comply with University or placement provider policies and procedures; 

or where: 

4.1.8 other information is provided to, or observed by, the University which puts doubt on a student’s fitness to practise 

4.2  This list is not exhaustive and other behaviour may raise concerns about students’ fitness to practise and lead to the application of these Regulations. 

4.3 Students are required to comply with the principles of professional behaviour as set out by the professional bodies in order to demonstrate that they are fit to practise.  

5. Reporting of concerns

5.1 Concerns about a student’s fitness to practise may be received from any source, including (but not limited to) University staff, students, placement partners or other partner organisations, service users or members of the public. Any cause for concern about a student’s personal or professional suitability to remain on their course, these should be reported to the Course Leader, who shall discuss the situation with the Head of School/Dean of College. 

5.2 Cases may also be referred for consideration under these Regulations following action taken under other University Regulations, including the Academic Regulations, particularly Academic Offences and Student Disciplinary Procedures, which have raised concerns about a student’s fitness to practise. 

5.3 Students should be notified in writing as soon as possible by the Investigator about the concerns raised about their fitness to practise, even if no further action is taken under these Regulations. 

5.4 Where a student is an existing registrant, the University may report a fitness to practise concern to the relevant regulatory body and these issues may result in a revocation of an existing registration.  

5.5 It is the responsibility of students to ensure they are aware of any obligations, in accordance with the requirements of their regulatory body, to declare sanctions received in pre-registration education (i.e. at University) at the point of application for or on receipt of a professional registration.  

6. Dealing with concerns

6.1 Where appropriate, students should be given the opportunity and support to rectify the problems before the formal stage of these Regulations is invoked. This may be through a learning contract or action plan. These should be clearly documented and agreed with students. 

6.2 If concerns about students’ alleged behaviour and/or professionalism persist, cases should be referred to the Fitness to Practise Panel. 

6.3 Where the alleged behaviour is sufficiently serious, cases can be referred directly to the formal stage of these Regulations.

7. Suspension

7.1 Suspension from a Practice Placement 

7.1.1 Where there are concerns that are serious, the relevant Head of School/Dean of the College may, following consultation with the University Secretary suspend a student from a placement/work experience. Some examples of a serious concern which might warrant a suspension of students from their practice area would include, amongst other things: 

• Patients or clients may be at risk; 

• The profession might be brought into disrepute by the public knowing that the student remained in the work environment; 

• The student’s conduct is alleged to be disruptive to the delivery of care in a professional organisation. 

7.1.2 Students will be notified in writing of the decision to suspend them from the placement and the reasons for the suspension.  

7.1.3 Students may be suspended from a placement without being suspended from the University. Where students are suspended from a placement pending the outcome of a Fitness to Practise hearing, they may be allowed to attend the University for any theory sessions as part of their course of study and may submit any theory assessments. 

7.1.4 The University Secretary shall be informed in writing of any decision on suspension of a student from a placement. 

7.1.5 Students suspended from their placement must return the identity badges and uniforms, where applicable, pending the outcome of the hearing. 

7.2. Suspension from the University 

7.2.1 The University Secretary or nominee may additionally suspend a student from the University, or take other precautionary measures, if it is deemed that this is in the best interests of the student, other students, or the University, or is necessary to ensure an effective process. The suspension or other precautionary measures will be undertaken in accordance with the procedure outlined in the University Disciplinary Regulations. 

7.2.2 The decision to suspend a student from the University may include exclusion from some or all of University activities, including studying at or with the University, and also the use of any University premises and/or facilities. 

7.2.3 In the case of students on time-limited professional courses involving work placements, it may be necessary to impose enforced deferral of studies during any fitness to practise process. In such cases, the Dean of College/Head of School has the authority to impose the deferral. It should be noted that some professional body requirements require a period of interruption to be counted as part of the time taken to complete the course, although under the University’s Academic Regulations the period would not count in this way. The student’s statutory funding, if any, may stop during a period of interruption. 

7.3 Suspension whether from placement and/or University is a neutral act and is not used as a penalty in this context. It will not prejudice any investigation under these Regulations.  The University will consider ways in which the impact of  suspension on the student can be mitigated and will keep under review the conditions in place.  

7.4 A student may ask for a review of their suspension from a placement and/or University and should write to the University Secretary within five days of being suspended.  

8.  Initial Stage - Investigation

8.1 Where concerns raised about behaviour are serious and call into question a student’s suitability to remain on the course, or where the initial informal attempts to resolve concerns have not resolved the matter, the Head of School/Dean of College or nominee, in consultation with appropriate persons, shall decide whether or not to instigate an investigation into the matter. The Head of School/Dean of College may delegate any such investigation to a senior member of staff competent to undertake it (“Investigator”). The investigation should be undertaken by a member of staff with no previous involvement in the matter to avoid bias, including if the investigation is undertaken by the Course Leader. 

8.2 The investigation will include the collection of relevant information in respect of the concerns, with statements from witnesses directly involved and other relevant individuals, and the completion of an investigation report. Information included in the report should be checked for accuracy and, for full transparency, all information considered during the investigation should be appended to the report. Any concerns or allegations considered at this stage, should therefore be made in writing.  

8.3 Meeting: The Investigator will give the student a summary of the concerns or allegation(s) and will invite the student and all other relevant parties to a meeting with the investigator to discuss the concerns. Students will be notified of the arrangements at least 5 working days prior to the date of the meeting and will be provided with copies of any evidence or documents to be considered in connection with the concerns in good time before the meeting.  

The purpose of the meeting is: 

• to tell the student about the concern/allegations 

• to explain the fitness to practise procedures and give the student opportunity to ask questions about the procedures. 

• for the student to respond to the concern/allegations and to give their account of what happened 

• for the Investigator to ask questions in order to gather the facts of the case 

Students can suggest potential witnesses that they would like the investigator to contact who may be able to provide information or evidence relating to the case. However, only the Investigator can decide if it is necessary or appropriate to do so. Where witness statements are provided by students, they must include contact details in case the Investigator needs to ask the witness any questions 

Normally a note of each meeting will be agreed by each interviewee in writing.  

8.4 Students are entitled to be accompanied by a supporter at any meeting or hearing held under this Regulation. The supporter must be a representative from the Students’ Union, or a current registered student at the University (“Supporter”).  

Students are not permitted legal representation unless it is determined that it is an exceptionally complex case, to be determined by the University Secretary. Students must inform the Investigator who will be accompanying them at least 1 working day prior to the date of the meeting unless they require legal representation which requires approval five working days in advance by the University Secretary.  

The role of a Supporter is to act as an observer and give moral support. They cannot answer questions, translate for the student, or interpret student’s responses. The Supporter cannot act both as a witness and as a supporter.

8.5  Outcome of Investigation

Informal Resolution:

• The concern raised does not fall within the scope of this Regulation and should be referred to a different University regulation, policy or procedure, such as the Fitness to Study Policy. 
• No further action to be taken. 
• Allow the student to continue on the course but provide advice in writing as to their future conduct and/or impose a requirement to attend an alternative placement.
• An oral warning and a note placed on the student’s file, which may be referred to in any future fitness to practise proceedings. 
•  Require the student to sign a good behaviour or learning contract. 
• Refer the student to Occupational Health.
• Require the student to undertake further training.
• A formal warning.

Formal Stage:

• Refer to a Fitness to Practise Panel. 

8.6 Students shall be informed of the outcome in writing within 5 working days of completion of the investigation. The investigator will explain the reasons for the outcome chosen in the outcome letter.  

8.7 The investigation report and a copy of the decision letter will remain on a student’s file for the duration of the course even if there is no further action. 

Formal Stage

9. Fitness to Practise Panel Membership

9.1 Membership of the Fitness to Practise Panel shall comprise: 

9.1.1 The Chair, who is a member of the Senior Management Team or a Senior Academic; 

9.1.2 One member of academic staff in the relevant field; 

9.1.3 A senior placement provider representative (not from the student’s placement), working at strategic level in the student’s area of practice. 

9.2 An administrator appointed by the Academic Registry will act as Secretary to the Panel. 

9.3 No member of the Panel should have had previous involvement with the student’s case. 

10. Prior to the Panel Hearing

10.1 A student whose case has been referred to the Fitness to Practise Panel should be given at least 10 working days’ notice of the date of the hearing including the following information: 

10.1.1 A statement of the concerns to be considered by the Panel, including reference to the breach of the specific Regulation/Student Code of Conduct where applicable. 

10.1.2 A statement of the student’s right to be accompanied by a current registered student at the University or representative, e.g., from the Students’ Union. Students may not be represented by an external organisation, save for a representative of the Students’ Union. The accompanying person may not be a practicing solicitor or barrister unless prior approval is given by the University Secretary. Any costs shall not be re-claimable, save for reasonable expenses in exceptional cases. 

10.1.3 A copy of the investigation report. 

10.1.4 Details of any witnesses to be called by the University and clarification that the student has the right to call witnesses. 

10.1.5 Copies of any documents to be considered in connection with the concerns, including signed and dated witness statements, including from placement providers. 

10.1.6 A request asking the student to confirm whether any reasonable adjustments are required in relation to the hearing. 

10.1.7 Details of the date, time and place of the hearing and those who will be present. 

10.1.8 Reference to the relevant professional body requirements, if appropriate. 

10.2 Students will be requested to submit a statement in response to the concerns not less than 5 working days prior to the hearing. 

10.3 Students who intend to be accompanied should inform the Secretary to the Panel of the name of the person accompanying them in writing at least 1 working day prior to the date of the meeting unless they require legal representation which requires approval five working days in advance by the University Secretary. 

10.4 All participants (the student, Panel members, and representatives of the School/College and (where relevant) the placement provider) should receive the same papers. If new information comes to light after the circulation of information to the student and the Panel, it may be necessary to delay the date of the Panel, in accordance with fairness, to allow the student and Panel members time to consider the new information. 

10.5 The Chair must be satisfied that the student has been sent all the above information before the hearing goes ahead. 

10.6 Should the student notify the Chair of the Panel in advance of the hearing of their inability to attend the hearing on the scheduled date, normally only one further attempt to reschedule the hearing shall be made. 

10.7 Where students do not attend the hearing and do not communicate the reason for their non-attendance, the Chair will consider whether the hearing should proceed in their absence by taking into account the seriousness of the concerns and whether they could lead to enforced deferral, suspension, withdrawal or expulsion from the University. 

10.8 If students have provided a reason for their non-attendance, the Chair of the Panel will consider whether in all the circumstances the reason provided is reasonable and whether the hearing should be reconvened or whether, exceptionally, the hearing should proceed in the student’s absence on the basis of the written evidence available. 

11. Considerations of the Panel

11.1 The Fitness to Practise Panel shall consider the following, where applicable: 

11.1.1 The impact or relevance of the student’s action, attitude, or competence on their suitability to continue to study on a professional course leading to practitioner registration; 

11.1.2 The student’s suitability to undertake professional practice; 

11.1.3 The risk in the practice area (and to the student) if the student has a physical or mental health condition; 

11.1.4 For students who are already registrants, their suitability to remain on their professional register. 

12. The Hearing

12.1 The Panel may meet electronically to facilitate participation of practitioners. Where a Panel meets electronically, all members of the Panel, the student and any witnesses must use their camera.  

12.2 The Chair is responsible for ensuring that the hearing is conducted in a fair and appropriate manner. 

12.3 The Chair will invite all parties except witnesses into the room. 

12.4 Where witnesses are to be heard they are only to be present for the duration of their own evidence. 

12.5 The Panel will not have access to the student’s previous record unless and until the concerns have been upheld. 

12.6 The Panel hearing will normally be as follows:  

12.6.1 The Chair will explain the purpose of the hearing and the possible outcomes of the hearing if the concerns are upheld; 

12.6.2 Establish the names and identities of everyone present at the hearing and confirm the names of all witnesses who will be supplying evidence; 

12.6.3 Ensure that a record is kept of all persons attending the hearing and whether or not the student has elected to be accompanied by a Supporter in accordance with these Regulations, or if the student has failed or declined to attend the hearing and the Chair’s decision, including the reasons for it; 

12.6.4 If the concerns involve several students, the Chair may decide to hear the concerns at one hearing subject to there being no reasonable objection from the student(s) (or their legal representative(s) as applicable). 

12.6.5  The Chair will request the Investigator to present the case in relation to the student, including submission of written or oral statements from witnesses.  

12.6.6 The Fitness to Practise Panel and the student (and their legal representative as applicable) will be given the opportunity by the Chair to address questions to the Investigator or to ask for points of clarification. 

12.6.7 The Investigator may then leave the hearing but remain available for the purposes of clarification subject to the discretion of the Chair of the Panel. 

12.6.8 The key witnesses submitting written statements should be in attendance to answer any questions unless there are exceptional circumstances, or the parties agree otherwise; 

12.6.9 The Panel may be given the opportunity by the Chair to address questions any of the witnesses; 

12.6.10 The Chair will request the student (or the student’s legal representative as applicable) to present their case, including submission of written or oral statements from witnesses; 

12.6.11 The Chair may ask questions of anyone present at the hearing at any time for the purposes of clarification; the Panel members should direct any questions they wish to ask at the hearing through the Chair. 

12.7 The Chair will invite the student (or the student’s legal representative as applicable) to make a final statement. 

12.8 The Chair will then ask everyone except the members of the Panel to withdraw from the room. 

12.9 The Chair may adjourn the hearing where further evidence or information is required at any time and shall communicate the reasons for this to the student. 

13. Decision of the Panel

13.1 The Panel will determine whether or not, on the balance of probabilities, based on the facts available at the time, the student is fit to practise.  

13.2 Once the Panel has reached its decision, the student (and legal representative, where applicable), and the Investigator may be invited back into the room and the Chair will announce whether or not the concerns have been upheld. The Chair will outline the Panel’s reasoning in reaching its decision including how the decision relates to the relevant professional standards. 

13.4 Where the Panel has upheld the concerns, to assist the Panel in determining the appropriate outcome, the student’s file/record will be made available to the Panel at this stage along with a short summary of the student’s current academic position which has been obtained by the Investigator.  

13.5 In arriving at an outcome decision, the Panel will take account the seriousness of the allegation; the circumstances and context; personal circumstances of the student, including any mitigating or aggravating factors specific to the student’s case; any previous suitability to practise issues that may have been investigated previously and the decision(s) made in respect of this; previous findings under this Regulation and procedure or any other University regulation, policy or procedure and any other relevant factors applicable to the outcome decision 

13.6 The Chair of the Panel will sign the written record of the decision of the Panel and the record will be kept by the Academic Registry and a copy will be placed on the student’s file. The written record will provide a clear rationale for the outcome chosen and will explicitly outline whether lesser measures were considered and why they were not judged to be appropriate. The record will outline explicitly how the findings relate to the student’s ability to meet the relevant professional standards and also how any mitigating or aggravating factors specific to the student’s case have been considered. 

13.7 The Panel need not be unanimous in its decision but should base its decision on the majority view. 

14. Outcomes

14.1 The Fitness to Practise Panel shall have the power to impose one or more of the following outcomes: 

14.1.1 Defer a decision pending the receipt of further information or advice; 

14.1.2 No further action; 

14.1.3 Permit the student an extended period of placement with the same placement provider, subject to the agreement of the placement provider; 

14.1.4 Permit the student a new placement with the same or a different placement provider, subject to the agreement of the placement provider; 

14.1.5 Enforce a deferral of studies while the student receives therapy/counselling/medical treatment. In such cases, students shall be asked to provide evidence of suitability to resume study and professional practice before being re-admitted to their course (a student may be referred to an appropriate Occupational Health adviser for this purpose); 

14.1.6 Require the student to provide a written undertaking that the Student Code of Conduct and Academic Regulations will be observed for the remainder of the student’s studies; 

14.1.7 Require the student to apologise in the appropriate manner to any person; 

14.1.8 Require the student to sign a contract for good behaviour/conduct; 

14.1.9 Notify the relevant Professional Statutory or Regulatory Body (PSRB); 

14.1.10 Permit the student to continue on the course, either unconditionally, or subject to such requirements relating to the course as may be reasonably imposed; 

14.1.11 Require the student to repeat a specified part or parts of the course, as permitted under the Professional Statutory and Regulatory Body requirements; 

14.1.12 Refer the student to a Disciplinary Panel in accordance with the Student Disciplinary Regulations; 

14.1.13 Suspension of the student from their course, either for a specified period of time, or until specified conditions have been met (not exceeding 12 months); 

14.1.14  Withdraw the student permanently from further study on the course; 

14.1.15 Exclude the student indefinitely from enrolling on any other award with professional regulatory requirements within the University;  

14.1.16 Expulsion of the student from the University, which means that the student will not receive any credits achieved during their time and will not be allowed to return as a student to the University 

14.1.17 Exceptionally, recommend to the Academic Board that an award already made is revoked. 

This list is not exhaustive and the Panel may impose other outcomes as appropriate and relevant to the particular case. 

15. Notification of the Panel’s decision to the student

15.1 The student will be notified in writing of the Panel’s decision within 5 working days of the outcome of the Panel hearing. The notification will provide a clear rationale for the outcome chosen and will explicitly outline whether lesser measures were considered and why they were not judged to be appropriate. The notification will outline explicitly how the findings relate to the student’s ability to meet the relevant professional standards and also how any mitigating or aggravating factors specific to the student’s case have been considered. The student should be notified of the right of appeal in accordance with Section 17 below. 

15.2 The Secretary to the Panel has responsibility for notification of the outcome of the Panel to all relevant parties. 

16. Record of the meeting

16.1 The record of the meeting will be retained on University records. Any information received as part of the hearing will also be retained, apart from where the information includes details of a criminal conviction, where only summary information of the conviction and the Panel’s decision will be retained with the DBS Certificate Number where applicable. All other information relating to the conviction will be destroyed in accordance with the University’s Data Protection Policy. The record will be held on students’ file, normally for the duration of their studies at the University and be retained for six years after graduation but may be retained for longer in more serious cases. 

16.2 The University may disclose details of any fitness to practise process brought under these Regulations in any reference provided to a third party on behalf of a student, or in order to comply with any regulatory reporting requirements. 

16.3 All information will be retained in accordance with the Data Protection Policy and the Student Privacy Notice which may be found on the policies and regulations page. 

17. Right of Appeal

17.1 The student has a right of appeal against the decision of the Fitness to Practise Panel. Appeals will only be considered on the following grounds: 

17.1.1 Procedural error: where the Fitness to Practise process was not conducted in accordance with these Regulations. Procedural error shall include alleged administrative or clerical error, and bias in the operation of the procedure; 

17.1.2  New evidence and information which was not reasonably available at the time of the hearing and which would have had a significant (material) effect on the decision. 

17.1.3 The decision of the Fitness to Practise Panel was manifestly unreasonable. 

17.2 Students should note that they cannot appeal against the professional judgement of the Panel unless it is manifestly unreasonable. 

17.3 An appeal against the decision of the Fitness to Practise Panel must be made in writing in accordance with section 14.3 of the Appeal Regulations and submitted within 10 working days of receipt of the Fitness to Practise Panel’s decision. 

17.4 The outcome of the Fitness to Practise Panel which is the subject of the appeal, is final and not varied until and unless a successful appeal results in an alternative decision. 

17.5 A student who is not satisfied with the outcome of the appeal provided by the University may submit a complaint to the Office of the Independent Adjudicator (OIA). Information on submitting a complaint to the OIA will be contained in the Completion of Procedures letter and can also be found on the oia website.