Fitness to Practice

Universities Fitness to Practice procedure

https://myuni.swansea.ac.uk/academic-life/academic-regulations/conduct-and-complaints/fitness-to-practise/

Fitness to practice procedures apply to programmes of study leading to a professional qualification which is registered with a statutory regulatory body such as, medical courses where students take part in placements as part of their degrees. If there are concerns regarding your health, behaviour, or any allegations, they may be subjected to a fitness to practice investigation.  The university has the following disclosure policy for students: 

Students are required to notify the University promptly of the details of any criminal charges, arrests, convictions and/or cautions they receive whilst they are registered as a student of the University. Students on professional programs have an additional duty to notify the University if they receive any police fixed penalty notice or are the subject of any social services investigations whilst they are registered as a student of the University.

Although they can be serious, FTP investigations do not always go the full length to a fitness to practice committee, and may be dropped after an initial concerns meeting. 

What Happens During a FTP Investigation?

1. In most cases, the concerns will be raised with the student in writing, and they will be able to respond in writing, or in a meeting, to explain their side of the story and give clarification on any misunderstanding. If the student is called in for a meeting, a written record will be taken.  A student union advisor can attend a meeting if available but cannot speak for the student. 
2. If there are health concerns involved, the student will likely be referred to occupational health for an assessment of their fitness to practice. Again, this is not necessarily a bad thing for the student, as there may just need to be some adjustments and recommendations put in place. 
3. Depending on the severity of the allegation, the student may be suspended, especially where a police investigation is taking place.

Possible Outcomes for FTP Investigations

a) Dismiss the case where the allegation is determined not to have any substance.

b) Decide that further enquiries or investigations be made and that the case be reconsidered thereafter.

c) Refer the case to be dealt with through internal Faculty/School procedures (i.e. where there is evidence that the student’s behaviour falls below expected standards but is not deemed so serious as to render the student unfit to practise. This may include, but is not limited to, referring the student for support to the student’s Personal Tutor, Student Services or Occupational Health, and requiring the student to undertake educational remediation such as completion of a piece of reflective writing.

D) Refer the student for an assessment of the student’s health or disability, in accordance with 4.9 and 4.10.

e) Refer the case to Education Services to be dealt with under the University’s Disciplinary Procedures either in addition to or instead of the other outcomes under 5.5.

f) Stay (hold) the case pending police investigation, with or without conditions. Such conditions (such as the imposition of a Behavioural Contract) can only be imposed with the agreement of the Director of Education Services.

g) Refer the case to the Vice-Chancellor (or nominee) for an interim suspension or partial suspension of the student pending further investigation or the convening of a Committee of Enquiry in accordance with the procedures outlined below in 7.

h) Give the student an informal oral or written warning in relation to their behaviour, to indicate to the student that their behaviour falls below expected standards. A written record of the informal warning will be maintained on the student’s file within the Faculty/School and would be disclosed to any subsequent Committee of Enquiry. However, such informal warning would not be commented upon in any references provided.

i) Issue the student a formal written warning in relation to their behaviour, where the student’s behaviour falls significantly below expected standards. A student may request a review of the decision to issue a formal warning in accordance with the Final Review Procedure.

j) Agree Undertakings with the student. Undertakings may be appropriate where there is found to be a prima facie case that the student is Unfit to Practise, but the student acknowledges this and demonstrates insight into the concerns and is seeking ways to address the underlying issues. 

k) Where there is found to be a prima facie case that the student is Unfit to Practise, refer the case to a Committee of Enquiry to hear the case. The case may be referred to a Committee of Enquiry concurrent with further investigations being conducted.

Contact the Advice Centre

If you are approached at all about a concerns meeting or fitness to practice procedure please do get in contact with us at the Advice Centre. We will look to support you as much as possible. We can be contacted through the helpdesk.