Fitness to Study Policy and Procedure
1. Purpose and Scope of the Policy
1.1 Purpose
This Policy seeks to ensure that students with health, disability (including mental health) or adverse life events that impact negatively on their own (or that of others) ability to study are dealt with in the most appropriate way.
1.1.2 The University recognises that all students (including apprentices) are responsible for their own behaviour. It is the responsibility of students to familiarise themselves with both the relevant professional standards and the University of East London Student Code of Conduct.
1.1.3 All University of East London (UEL) Students are expected to adhere to the standards of behaviour required of them as a member of the University community. However, it is recognised that there may be times when a student’s health problems or disability prevents a student from adhering to the behaviours expected of a UEL student.
1.1.4 The University is committed to meeting its obligations under the Equality Act 2010.
1.2 Scope
1.2.1 This Fitness to Study Policy and Procedure applies to all students registered on any University module, programme or course. Students studying at collaborative partner institutions will be subject to that partner institution’s own local policies and procedures. Should a collaborative institution adopt UEL
Fitness to Study Policy and Procedures, then these will be applicable. This Policy may also be applied to applicants who have accepted an offer to study at UEL.
1.2.2 UEL offers certain courses which entitle successful graduates to become registered members of regulated professions. The regulators of those professions require that the University has processes in place to ensure that students are fit to practise during the course and upon registration. For those professional and recognised courses, the Fitness to Practise Policy and Procedure may be more appropriate.
1.2.3 This policy is complimentary to, but does not replace, the student disciplinary regulations and procedures, Fitness to Practise Policy and Procedure or the student code of conduct.
1.2.4 Concerns that would initiate this policy and procedure include: -
• Behaviours due to health/disability which disrupt a student’s own study
• Behaviours due to health/disability which affect the study of other students
• Behaviours due to health/disability which place unreasonable demands or continually disrupt other students or staff in their university activity
• Students who regularly submit mitigating circumstances applications as a result of ongoing health or complex personal circumstances.
• Where a student is unable or unwilling to cooperate in the management of their well-being.
2. Policy statement
2.1 Statement
2.1.1 This Fitness to Study Policy and Procedure provides a framework for supporting students whose health, disability (including mental health) or adverse life events impacts on either their own study, other student’s study or staff activity.
2.1.2 For students whose courses lead directly or indirectly to a professional qualification, or the right to practise within a profession, there may be additional expectations based on the standards of that profession.
2.1.3 Fitness to study is not limited solely to academic fitness but relates to the entire student experience, encompassing the ability to engage with studying, to live independently and harmoniously with others and not to have an adverse impact on others.
2.1.4 The University is committed to supporting students and provides a range of professional support services for students to access should they need help to succeed on their course.
2.1.5 Fitness to Study has two stages and depending on the level of support required, action may be initiated at any stage.
• Stage 1 Support to Study – Emerging concerns
• Stage 2 Fitness to Study
Support to Study Stage 1 – Emerging concerns
Stage 1 will be used for emerging concerns about a student with health, disability (including mental health) or adverse life events that impact negatively on their own (or that of others) ability to study are dealt with in the most appropriate way.
2.1.6 Should a student engage with the services they need to enable them to modify the emerging behavioural concerns staff have raised with them, then no formal action under this policy will be required. However, if a student is unable or unwilling to engage voluntarily in the range of support offered to them, or they do not recognise that their behaviour is problematic, Stage 2 of this policy will be invoked.
2.1.7 If the student’s behaviour is deemed to be of immediate risk, then precautionary measures should be considered.
2.2. Principles
The core principles of this Policy and Procedure are that the process is accessible, clear, proportionate, timely, fair and of benefit to the wider student experience.
2.2.2 This Policy is intended as a supportive policy to enable students to access appropriate help and support to manage their health/disability/personal circumstances so they can engage productively in their academic endeavours.
2.2.3 Students should be informed of any emerging concerns about their behaviour services. Depending on the nature of the concerns, every effort should be made to resolve issues informally at stage 1 as outlined in section 3 of this procedure.
2.2.4 Policy and Procedure seeks to empower students to take responsibility for their own behaviour(s) and is intended to be a collaborative, supportive process. There may be times though, when because of significant deterioration in their health or mental capacity, a student may not be able to make an informed decision regarding their best interests. Should this be the case then a Fitness to Study Panel will be convened to make a decision on the student’s behalf.
2.2.5 A student who is alleged to have demonstrated behaviours that cause significant concern to others will be informed about these concerns and will be given an opportunity to respond to the concerns raised.
2.2.6 A student who is being supported under this Policy and Procedure is entitled to be accompanied at all Fitness to Study meetings by a friend, relative or representative of the Students’ Union. The accompanying person cannot be a professional legal representative who has been employed to act on the student’s behalf, nor can they act in the capacity of a legal advisor. Students are encouraged to seek advice and representation from the UEL Students’ Union. At Stage 2 Fitness to Study panel, the student will be advised that they can nominate an individual/s to meet the panel as witnesses for their hearing should they be unable to attend.
2.2.7 Sanctions imposed under this Policy and Procedure will be reasonable, proportionate and consistent with standards applied across the University.
2.2.8 A student who has received a sanction has the right to appeal against the sanction.
2.2.9 A student’s behaviour may also breach the Student Code of Conduct and other Policies and Procedures such as the Non-Academic Misconduct Policy, Sexual Violence and Misconduct Policy or Fitness to Practise Policy, may be more relevant. The University reserves the right to decide the appropriate policy and procedure to use in any given student case. In determining the most appropriate procedure to be used, its fairness to the student, the scope and purpose of the policy and procedure and the University’s responsibilities to professional bodies will be considered. This decision will be taken by the Dean of the School in consultation with the appropriate Head of Department / Service or nominee.
2.2.10 The University reserves the right to refer that student back to the disciplinary procedures should it not be possible to establish that the behaviour was due to a health or disability issue.
3. Procedure
3.1 Precautionary measures
3.1.1 At times it may be necessary to mitigate risk and protect the University community by applying precautionary measures prior to the commencement of the Fitness to Study process. Any such action is a precautionary measure only; it is neither a penalty nor sanction and does not indicate that the University has decided that the student is not fit to study. The aim of a precautionary measure is to protect all members of the University community.
3.1.2 The Dean of School or the Assistant Chief Operating Officer (Health Gain) & Director of Student Services (ACOO (Health Gain)), or nominee makes the decision on whether to apply precautionary measures. The Dean of School, ACOO (Health Gain), or nominee, will undertake a risk assessment (Appendix 2) before a decision is made. If the Dean of School, ACOO (Health Gain), or nominee reasonably believes that a student poses a risk, s/he may, acting under delegated authority from the Vince Chancellor & President:
- Restrict a student’s access to the campus or certain parts of the campus, e.g., particular buildings
- Restrict a student’s participation to certain academic and/or non-curricula activities
- Restrict who a student can contact (e.g., a non-contact order could be issued
- Suspend the student. Suspension means that the student is prohibited from participating in the academic activity of the University and the student’s registration on their course is put on hold. A full or partial suspension may be put in place where appropriate
- Exclude the student. Exclusion means that the student is prohibited from taking part in university activities, using University facilities and/or entering University grounds or premises. A full or partial exclusion may be put in place where appropriate. For apprenticeship courses, the University has the authority to exclude the apprentice from university activities, however, the future employment status of the apprentice is at the discretion of their employer.
3.1.3 Arrangements will be explored to see what reasonably can be put in place for any student subject to precautionary action, to minimise the impact on their studies.
3.1.4 A student will be informed in writing when a precautionary measure has been applied to them and the reasons for this, normally within two working days of the decision. A student has the right to appeal the precautionary measures applied to them. The student can appeal at any point during the application of the precautionary measures by writing to their Dean of School or ACOO (Health Gain) expressing their reasons for the appeal.
3.1.5 Any precautionary measures will be reviewed at regular levels (and a minimum of two months) to consider whether they should be revoked, extended or the terms amended. In the case of the University awaiting the outcome of any criminal proceedings or investigations, the precautionary measures are likely to remain in place for the duration.
3.1.6 If a student breaches the precautionary measures applied to them, then this is non-academic misconduct and may be subject to further disciplinary action.
3.2 Support to study Stage 1 emerging concerns
3.2.1 The purpose of this stage is to create a Support to Study action plan (Appendix 2) for the student to follow. It should be an agreement between the student, the school and SWS.
3.2.2 This process can be triggered by the school (usually the Academic Adviser, but not limited to them) or professional services staff (e.g., Residential Life, Student Support) if the concerns about a student’s behaviour/wellbeing are recognised outside of the learning environment.
3.2.3 The Lead person should contact the student in a sensitive and understanding way to arrange a time to meet, explaining that it is because of concerns raised in relation to their health, well-being and/or studies. A copy of the Fitness to Study policy and procedure will be given to the student in advance of the meeting.
3.2.4 The student will be given five working days’ notice and advised that they can bring a friend, family member or adviser from the East London Students’ Union if they would like additional support in the meeting. The student should be informed which staff members will be present and why.
3.2.5 The meeting should seek to address the concerns in a direct and clear manner and to achieve the following outcomes:
- That all areas of concern have been addressed.
- That any existing areas of support, treatment or care have been identified.
- That an agreement has been reached regarding future behaviour.
- That any additional support required to facilitate the student’s future behaviour has been identified and staff and student responsibilities for putting this in place have been assigned.
- That timelines have been put in place together with a mechanism for submitting work and monitoring progress.
- That a follow-up date is agreed to review progress against the Action Plan.
3.2.6 Within five working days of the meeting the Support to Study Action Plan will be shared with the student for agreement.
3.2.7 If the student does not agree with the Support to Study action plan, they should contact the lead person within 5 working days to discuss. If the support to study action plan cannot be agreed the lead person may refer to stage 2 of this procedure.
3.2.8 A review meeting should take place within 4 weeks of the initial meeting to review progress and to discuss any ongoing adjustments or ongoing support.
3.2.9 Outcomes from stage 1 review are:
i). No follow up action required. The student is removed from the process.
ii). An updated action plan is agreed with the student with a subsequent review meeting within 4-6 weeks;
iii). Referral by the Lead Person to Stage 2 of this Procedure
3.2.10 If a student fails to engage in the process the lead person should escalate to stage 2 of this procedure.
3.2.11 In circumstances where meetings are held by Student Support, Residential Life or other Professional Service, the documented outcomes from the meeting and arising actions will be sent to the Academic Advisor for information. The notes from the meeting will also be shared with any other colleagues who have identified actions from the meeting to carry out.
3.2.12 If, following the meeting the agreed course of action is that the student will interrupt their studies, then the Academic Advisor (or other School staff or Lead person from SWS) will contact Academic Registry in writing as soon as
possible after the meeting took place and no later than ten working days.
3.2.13 If the recommendation from the meeting is that the student considers interrupting their studies, but the student does not wish to do so, this should be clearly documented. If there are any future Fitness to Study concerns, they will be addressed separately and cannot be applied retrospectively as the student has agreed that they are fit to study by opting to continue with their studies.
3.2.14 The Fitness to Study process can proceed even if the student chooses not to attend the initial or subsequent review meeting. Students not attending the initial meeting should have the draft Action Plan sent to them for comment and encouraged to engage in this supportive process. Should a student not engage with the process this is likely to strengthen concerns about their Fitness to Study and the case should be escalated to the Formal Review and Panel stage.
3.3 Formal review and fitness to study panel Accreditation of Prior Certificated Learning (APCL)
3.3.1 The Formal stage of the Fitness to Study Policy and Process is the creation of a Fitness to Study Panel to consider whether the student is fit to continue in their studies. Ideally, a Fitness to Study Review and Panel will only be invoked after stage 1 of the procedure has been attempted or exhausted and concerns regarding the student have not been alleviated. However, for some behaviours which are significantly concerning due to immediate impact upon the student’s health or wellbeing or on the safety of others, the Review and Fitness to Study Panel can be invoked without recourse to the earlier stages.
This stage may be invoked where:
- Precautionary measures have been applied because of a student’s behaviour due to health/disability issues.
- The student’s behaviour due to health/disability issues is of serious immediate concern for their wellbeing and/or there is significant concern as to the safety of others. The Dean of School or Director of Service are responsible for deciding whether the student’s behaviour should be dealt with through the Formal Review and Fitness to study Panel stage.
- The student has not met the agreed criteria outlined in the Support to Study Action Plan.
- There are significant immediate issues that have not previously been addressed, but raise serious concerns for the health, safety or wellbeing of the individual or others.
- The behaviours of the student are such that it is impacting on their ability to live independently in the halls of residence or their ability to act as a member of the University community.
- An unexpected deterioration of a long-term health condition/disability which raises immediate concerns for the student’s health, safety, or well-being. A student is not complying with their existing treatment and/or care plan which raises immediate concerns for the student’s health, safety, or well-being.
3.3.2 The Dean of School / Director of Service (or their nominee who will often be the Lead person from SWS) is responsible for convening a Fitness to Study Panel to consider the case. The Dean of School / Director of Service (or their nominee or Lead person from SWS) is also responsible for organising the administration involved in this process e.g., booking meeting rooms or arranging a virtual meeting, taking minutes of the meeting, sending meeting invitations. The suggested membership of a Fitness to Study Panel is outlined in Appendix 3.
3.3.3 The Fitness to Study Panel will consider the case(s) brought before it and will:
- Work with the student, student support, the School and relevant external agencies to obtain updates to medical/disability evidence and support options and to consider the likelihood of the student engaging with available support and whether said support is likely to be sufficient to help the student progress academically and to engage appropriately in university life.
- Ensure that the student’s views are heard and taken account of.
- Ensure that the views of other students/staff members impacted by the student’s behaviour are taken account of.
- Decide what actions should be taken, and under which policy and procedure they will be taken forward.
- Make final binding decisions on behalf of the University regarding whether the student is currently fit to study.
Where a leave of absence has been agreed under the policy, the relevant evidence that will be required for a return to study will be detailed (it will be the student’s responsibility to provide this evidence).
3.3.4 The student will be given at least five working days’ notice of the Fitness to Study Panel meeting.
3.3.5 The student will be informed of the purpose of the meeting which will be to consider the evidence available, including the student’s perspective of these concerns, and to reach an appropriate decision/action plan or other outcome. The student will also be provided with any documentation to be considered at the meeting and asked to provide any documentation they may wish the Panel to consider no later than two days before the meeting. If the student does not attend, the meeting will proceed in their absence.
3.3.6 The student may be accompanied at the meeting by a friend, family member or adviser from East London Students’ Union. Students with disabilities may also be accompanied by a support worker where required. The student should tell the Chair of the Fitness to Study Panel at least two days in advance of the meeting the names of any companions/advocates who will be attending the meeting. The Chair retains discretion as to the appropriateness of who attends (e.g., no legal representation is allowed).
3.3.7 The University reserves the right to call a Fitness to Study Panel meeting without the student being present in cases where attendance at the meeting may be detrimental to the student’s wellbeing.
3.3.8 The Chair of the Fitness to Study Panel will write to the student, within five working days of the meeting, confirming the decision made by the Panel and any subsequently agreed actions, including timescales for completing them and the agreed monitoring process.
3.3.9 Any decisions reached will be communicated by the Chair of the Fitness to
Study Panel to the student’s School, Academic Registry and any other relevant professional service (e.g. Residences if the student is in Halls). If an interruption is agreed Academic Registry will update the student’s record and note that the student can only be permitted to return to study after following the return to study process detailed under Section 3.5 of this Policy.
3.3.10 In ongoing cases, the Fitness to Study Panel may delegate authority to a senior staff to monitor progress and report back on any students being supported by teams within that area.
3.4 Appeals
3.4.1 Students can appeal the decision within ten working days of the date of the letter detailing the Fitness to Study Panel’s decision. Students can appeal by contacting the appeals team at appeals@uel.ac.uk detailing the reasons for the appeal.
3.4.2 An appeal can only be made on one or more of the following grounds:
-
The University has failed to follow the procedure set out in this document. - The decision was unreasonable and/or a disproportionate outcome has been imposed.
- The student has new material information/evidence which was not reasonably available before.
3.4.3 Potential Outcomes of an Appeal
- Dismiss the appeal (in whole or part), and/or
- uphold the appeal (in whole or part) and:
- refer the matter back to an earlier stage of this Procedure for reconsideration, e.g., if the procedure had not been followed.
- Refer the matter back to an earlier stage of this Procedure for fresh consideration, e.g., if material new information or evidence was made available, or
- Impose an alternative sanction.
3.4.4 Pending the outcome of any appeal, the decision and sanction of the Fitness to Study Panel will remain in force.
3.4.5 If the appeal is not upheld, this will be communicated to the student in writing by the appeals team. The University will issue a Completion of Procedures letter as soon as possible, or within 28 days of the appeal outcome if requested.
3.4.6 The Completion of Procedures letter will include a clear explanation and outline the reasons for the decision. The decision should also advise the student about:
- their right to submit a complaint to the OIA for review.
- the time limit for doing so.
- where and how to access advice and support.
3.4.7 Information and eligibility rules are available at: www.oiahe.org.uk.
3.5 Return to study
3.5.1 Students requesting a return to study after a leave of absence under the Fitness to Study policy should write to the Head of Student Support and Wellbeing at least two months before they wish to return.
3.5.2 Students requesting a return to study will be required to provide acceptable medical evidence dated within two months of the proposed re-enrolment date that supports the student’s return to study from a recognised health professional who has the full background to the circumstances which led to the student’s suspension or interruption.
3.5.3 The student must also attend a return to study meeting with the School and the relevant student support service that may have been involved in the original decision-making process, where a supportive return to study action plan will be drawn up. This will set out the responsibilities of the student and the University in supporting the return.
3.5.4 The student will only be permitted to return if, after receiving medical advice, the University is satisfied that the individual is fit to study and able to comply with any conditions imposed on return.
3.5.5 The decision to permit a student to return to study will be made by either a Fitness to Study Panel, if a panel has been previously convened to consider the case, or the relevant Dean of School/Director of Service. They will normally
liaise with relevant colleagues in Student Support and the School for information to help inform them of a student’s fitness to return.
3.5.6 For those returning to an apprenticeship course, the commitment statement between the apprentice, employer and University will need to be revisited to ensure in compliance with the latest version of the Education and Skills Funding Agency (ESFA) rules, they can be permitted to return.
3.5.7 The Fitness to Study Panel or Dean/Director of Service has the right to request a second medical opinion if the evidence provided is not satisfactory or there are ongoing concerns about the student that seems to contradict the evidence provided. In these cases, the Fitness to Study Panel/Dean of School/Director of Service may refer the student to an appropriate medical professional and the University will meet the cost of any assessment undertaken.
3.5.8 If the Fitness to Study Panel/Dean of School/Director of Service is not satisfied that the evidence proves that the student is fit to study, or there are other mitigating factors, the Dean of School will write to the student to inform them that they will not be permitted to re-enrol at this stage.
3.5.9 Students not requesting a return to study via this Procedure within two years of the decision date will be presumed withdrawn and their student record updated accordingly.
4. Other Institutional Policies and Procedures
4.1 Internal policies
This Policy/Regulation relates to the following institutional regulations, policies or procedures:
UEL Equality and Diversity Policy
UEL Disability Policy
Conferment of Awards
Non-Academic Misconduct Policy
Manual of General Regulations
Fitness to Practice Policy and Procedure
Manual of General Regulations: Part 14 Complaints
Manual of General Regulations: Part 7 Appeals
Policy on Work-Based Learning and Placement Management
Sexual Violence and Misconduct Policy
Student Complaints Procedure
Student Code of Conduct
DBS Policy for Applicants
University Safeguarding Policy and Procedure
5. Definitions
5.1 Definitions
5.1.1 Suspension – refers to a halt on a student’s record, disabling them to continue with their academic studies for a specified amount of time.
5.1.2 Exclusion – refers to a ban set against a student, excluding them from specific University activities, spaces within campuses or campuses in whole.
Appendix 1
Precautionary Measures Risk Assessment Template
Precautionary Measures Risk Assessment
Date this assessment was carried out:
Incident reference number:
Student Name:
Incident details:
Considerations:
Precautionary measures (if any)
These measures will be reviewed by [Name of person completing the report] every xx months.
Name of person completing the report:
Role of person completing the report:
Appendix 2
Support to Study Action Plan Example
Stage 1 – Action Plan This Support to Study Action Plan details the work [insert student name] is required to do, the behavioural expectations for [insert student name] the details of the support available to [insert student name] to help them achieve their actions and provides clear indicators and a timeline of how we know progress has been achieved.
| Action | Evaluation Indicators | Support Required |
|---|---|---|
Complete Semester One modules
XX3011 submitted XX3010 submitted XX3015 submitted | Work submitted on time to expected standard |
|
| Meet all the requirements of your placement | We will be asking for placement feedback on a (fortnightly) basis. Positive reports from placement provider required. | |
| To continue studies, you are required to pass all the assignments noted above. | ||
| Adhere to the attendance rules expected on your course. | Resume full attendance for all lectures and seminars. If student is unable to attend an academic session, they will need to inform their tutor and report their absence. Full attendance required. | Your academic adviser is xxx who you can speak to. |
| To meaningfully engage with the support offered by your Academic Tutor. | The expectation is that you will meet regularly with xxx to discuss how best to prioritise your workload. | Your Academic Tutor is xxx. |
| To engage with the support offered by the Wellbeing Team | Meet with the Wellbeing Service by xxx | wellbeing@uel.ac.uk |
| To engage with the support offered by the Disability and Dyslexia Team | Meet the DDT by xxx | DisabilityAndDyslexiaUnit@uel.ac.uk |
| Provide external mental health support details to UEL Wellbeing Team and continue (or start) to engage in the specialist treatment |
This Support to Study Action Plan will be reviewed week beginning xxx
Appendix 3
Fitness to Study Panel Membership
A Fitness to Study panel is quorate with 3 staff members.
The Fitness to Study Panel will be convened and chaired by the Dean of School (or their nominee).
The Chair is also responsible for organising the administration involved in this process e.g. booking meeting rooms or virtual meeting taking minutes of the meeting, sending meeting invitations.
The Fitness to Study Panel may consist of the following staff:
- School’s Senior Management Team.
- Academic staff in the relevant field.
- Senior clinical representatives (who do not know the student).
- A Secretary to the Panel who will be responsible for making the arrangements for the panel hearing and preparing a written record.
- A member of the relevant Professional body.
- Dean of School / Director of Service.
- Representative from Governance and Legal.
- Head of Student Support/Wellbeing Manager/Disability Manager/Head of Student Life.
- Representative from Academic Registry
- Any other relevant professional staff as identified by the Chair of the Fitness to Study Panel to enable the full consideration of the individual case e.g., Wellbeing Team/Disability Adviser/Residential Officer/Security staff.
A copy of the notes from all Fitness to Study panel meetings and any subsequent letters sent to the student should be sent to the Head of Student Support and Wellbeing so that Student Support can keep a centralised record of cases across the University.
Policy Name: Fitness to Study Policy & Procedure_V1.2 19 July 2024