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The University's Professional Suitability Procedure, which details instances where concerns regarding a student's professional suitability may arise. These concerns include physical or mental health issues, failure to comply with professional bodies' guidance, and breaches of conduct codes. The document also outlines examples of behaviors that may raise concerns and the potential outcomes of an investigation. The procedure applies to nursing, midwifery, occupational therapy, physiotherapy, and social work students.
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Professional Suitability Procedure Page 1 of 19
Owned by: Senate Maintained by: Academic Services Last updated: November 2018 Approved on: (^) November 2018 (Senate) Effective from: November 2018 Review date: (^) August 2019 Current version: 1. 2 Location of master document: https://intra.brunel.ac.uk/s/QSO/Team/Quality Overall/Senate Regulations/Current/2017- 18 Rollover/Professional Suitability Procedure September 2017.docx
- Page 2 of Professional Suitability Procedure Page 4 of 19 or making false expenses claims, or failure to disclose relevant criminal convictions) academic offences the commission or suspected commission of a criminal offence alcohol or substance abuse/problem anti-social behaviour which adversely affects the proper operation of educational or placement/work settings the failure to demonstrate an attitude or demeanour appropriate for individuals working in the profession concerned breaches of data protection and/or confidentiality lack of engagement in learning activities (e.g. small group/problem-based learning, portfolio development, practice placements, presentations, academic or pastoral tutorials, or multi/inter-professional focused sessions) inconsistent, unreliable or inappropriate behaviour in educational or placement/work based learning settings poor time keeping and/or attendance, failure to prepare appropriately for placement activities failure to comply with a dress code.
4. The University recognises that concerns regarding students’ professional suitability may arise in a variety of ways (e.g. as result of a disclosure made by the student on re- enrolment, or from the circumstances of a student’s practice, or their conduct, or from issues raised by University staff, other students, health professionals, placement providers or service users). The University may consider and address concerns regarding students’ professional suitability howsoever they arise and will endeavour to take action to deal with concerns promptly and fairly. Staff to whom disclosures are made or concerns are raised are encouraged to consult with the Head of Department or their nominee to discuss next steps. The University recognises that dealing with matters in this way is critical not only to ensuring consistency and that relevant professional standards are attained and maintained, but also to supporting student learning and academic achievement and to the furtherance of a positive student experience. 5. In implementing this procedure, the University will remain mindful of its duty of care, and of its obligations as a provider of professional programmes and under the Equality Act 2010 including to make reasonable adjustments for students with disabilities. It will also remain mindful of the often confidential and sensitive nature of professional suitability matters and of its obligations under the Data Protection Act 1998. 6. The standard of proof applied at every stage of this procedure is the balance of probabilities. 7. When dealing with students under this procedure, University staff will consider what support and guidance may be offered to students. Students will be reminded of the support services provided by the University through Student Services and by the Students’ Union Advice and Representation Centre , and will be encouraged where appropriate to seek support from relevant external sources (e.g. local GPs or mental health services). 8. Students should be aware that, in the course of dealing with professional suitability concerns, or where these concerns have been dealt with, the University may consider it appropriate to discuss and/or refer matters and/or their outcomes to third parties such as PSRBs or placement providers, and agencies such as Social Services, the Police or the Disclosure and Barring Service. The University may do so on occasion without notification to the student. Any referrals will usually be notified to the relevant Deputy Dean (Academic Affairs). Where such a third party or agency carries out any investigation or other process, the University may in its discretion suspend or delay taking action under this procedure. The University will not be bound by the outcome of any third party or agency investigation or
Professional Suitability Procedure Page 5 of 19 other process but may take it into account, as relevant, when dealing with a matter under this procedure.
9. Whilst the University anticipates that most matters involving professional suitability concerns will be dealt with under this procedure, matters may arise where it is appropriate for the University to implement other University processes (such as its Student Disciplinary Procedure, Academic Misconduct Procedure and/or Fitness to Study procedure) as an alternative or in addition to this procedure, and the University is not prevented from doing so at any time. However, this procedure is not intended to deal with issues of assessing practice competencies which are managed under Senate Regulation 2 (taught programmes), Senate Regulation 3 (Masters’ level programmes), and Senate Regulation 5 (Postgraduate Research programmes). 10. It may be necessary to temporarily suspend and/or exclude a student from the University following the report of a concern about a student’s professional suitability. Such decisions and any action will be taken in line with Appendix 1. Conduct which may constitute fraud 11. Where a professional suitability concern involving an allegation of fraud is against a student who is registered on a programme referred to in Appendix 2 , or is an employee of the NHS, the University may refer the matter to the NHS Counter Fraud Service for its investigation. 12. The following are examples of actions that could raise allegations of fraud: Forging signatures (relating to practice or academic work) Working whilst absent from the University/placement due to alleged sickness Claiming a bursary when not entitled to do so or providing false information in a bursary application or not informing the NHS Bursaries Office when entitlement changes. Claiming state benefits when knowingly not entitled to do so. 13. No internal action will normally be taken by the University other than temporary suspension and/or exclusion under Appendix 2 of this procedure until the NHS Counter Fraud Service has completed its investigations and any subsequent external proceedings have been completed, or the NHS Counter Fraud Service advises that it does not object to the University dealing with the matter.
Professional Suitability Procedure Page 7 of 19 Action Plans
21. Where the outcome at any Level of this Procedure includes the drawing up of an action plan, the plan will set out how the matter will be managed and any requirements to be placed on the student. The action plan will be shared with the student’s tutor, and will state that where the student fails to comply with any requirements placed upon the student the matter may be referred to be dealt with at a higher Level, if appropriate. 22. The student will be provided with a copy of the action plan. A date will be arranged at which the action plan will be reviewed by the nominated member of staff at a review meeting who will consider whether the action plan should continue and, if so, whether it should be amended, and whether any requirements have been complied with and, if not, whether the matter should be referred to a higher Level, if appropriate. The student will be invited to the review meeting and the outcomes of the review meeting notified to the student in writing. 23. For action plans drawn up at Level 3 following a Professional Suitability hearing, these will be signed off by the Chair of the Professional Suitability Panel to confirm that it addresses the concerns raised. If the requirements of an action plan drawn up at Level 3 are not complied with, the student may be invited to a further hearing before the same or a fresh Panel. Level 1 – Initial, Emerging or Minor Concerns 24. Initial, emerging or minor concerns about a student’s professional suitability will normally be dealt with under Level 1 in the following way. Examples of such concerns include but are not limited to poor time keeping and/or attendance, failure to prepare appropriately for placement activities, and failure to comply with a dress code. 25. The Programme Lead will inform the student that there is a concern about the student’s professional suitability and the nature of the concern and that the matter is to be dealt with under Level 1. The student will be provided with a copy of Senate Regulation 14 and this procedure. The Programme Lead will arrange a meeting with the student to discuss the concern and any support needs the student may have. The student will be given the opportunity to respond to the concern. The Programme Lead may invite other staff members to attend the meeting, such as the student’s personal tutor, and may consult with and seek information from other persons in order to deal with the matter and to provide support to the student. 26. The Programme Lead will determine whether or not the student’s professional suitability is impaired or may become impaired and any actions to be taken. Such actions may include (but are not limited to) one or more of the following outcomes: (a) an action plan be drawn up, which may include support arrangements or referral to University or external support services; (b) the matter be referred to another Level; (c) support arrangements and/or reasonable adjustments be put in place for the student, if necessary in consultation with the Disability and Dyslexia Service; (d) the matter be referred for consideration under another University process (e.g. Fitness to Study, Academic Misconduct or Student Disciplinary procedures); (e) no action be taken. 27. The student and their personal tutor will be notified in writing normally within 5 working days of the date of the meeting of the Programme Lead’s decision, with reasons, and any actions to be taken. 28. A copy of the decision letter and any associated documentation will be retained on the student’s personal file and a copy sent to their Head of Department.
Professional Suitability Procedure Page 8 of 19 Level 2 – Serious and/or continuing or repeated concerns
29. Serious and/or continuing and/or repeated concerns about a student’s professional suitability will normally be dealt with under Level 2 the following way. Examples of such concerns include but are not limited to failure by a student to adequately address issues dealt with at Level 1 of this procedure, ongoing health issues that are not being appropriately managed by the student, and unsatisfactory conduct on or off campus. 30. The concerns will be reported to the Head of Department responsible for the area in which the programme resides, who will inform the student in writing that there is a concern about their professional suitability and the nature of the concern and that the matter is to be dealt with under Level 2. The student will be provided with a copy of Senate Regulation 14 and this procedure. The student’s personal tutor will also be informed. 31. The student will be invited to a meeting with the Head of Department and the programme leader to discuss the concern and any support needs the student may have. The student will be given a full opportunity to respond to the concern. The Head of Department may invite other staff members to attend the meeting and may consult with and seek information from other persons in order to deal with the matter and to provide support to the student. Records of previous meetings under this procedure and any action plans may be available at the meeting. 32. The student will normally be given at least 5 working days’ notice of the date, time and place of the meeting and will be provided in advance of the meeting with relevant documentation supporting the concern. 33. The Head of Department will determine whether or not the student’s professional suitability is impaired or may become impaired and any actions to be taken. Such actions may include (but are not limited to) one or more of the following outcomes: (a) no further action be taken (b) support arrangements and/or reasonable adjustments be put in place for the student, if necessary in consultation with the Disability and Dyslexia Service (c) an action plan be drawn up (d) the student be withdrawn temporarily from placement, other work-based setting or related learning activity in accordance with paragraphs 20-28 above (e) the matter be referred for consideration under another University process (e.g. Fitness to Study or the Misconduct procedure). (f) the matter be referred to another Level 34. The student and their personal tutor will be notified in writing normally within 5 working days of the meeting of the decision of the Head of Department, with reasons, and any actions to be taken. 35. A copy of the decision letter and any associated documentation will be retained on the student’s personal file and a copy kept by the Head of Department. Level 3 - Critical, and/or persistent or cumulative concerns 36. Critical and/or persistent and/or cumulative concerns about a student’s professional suitability will normally be dealt with by inviting the student to a hearing before a Professional Suitability Panel. Examples of such concerns include but are not limited to conduct leading to the termination of a placement, exposing service users to risk of harm, commission of a criminal or academic offence, and failure to adequately address the provisions of an action plan. 37. The concerns will be reported to the Deputy Dean (Academic Affairs), who will inform the student in writing that there is a concern about their professional suitability and of the
Professional Suitability Procedure Page 10 of 19 notice of the right of the Panel to proceed in the student’s absence if, having been give due notice of the date of the hearing and sufficient notice of the documentary evidence available to the hearing, the student fails to appear without providing prior good reason for absence. The student shall be advised of their opportunity to request an adjournment to the Hearing, but that the decision of the Chair of the Panel as to whether to proceed in the student’s absence shall be final.
47. The student may submit to the Secretary to the MPS Board, at least five working days in advance of the hearing date, written evidence in response to the concern to be considered at the hearing, including any written statements or evidence in extenuation of the student’s actions. This response will be shared with the presenting member of staff and the members of the Panel. Responses received less than 5 working days before the hearing date will be accepted at the sole discretion of the Chair. 48. Notice of any witnesses to be called by the student and/or the University’s Representative at the hearing must be given in writing to the Secretary to the Professional Suitability Panel at least 5 working days in advance of the date of the hearing together with a written statement of the contribution that each witness will make. The Secretary to the Professional Suitability Panel will provide a copy of each party’s witness notice and statements to the other party at least 2 working days before the hearing date. Witness evidence received less than 5 working days before the hearing date will be accepted at the sole discretion of the Chair. 49. The decision of the Chair of the Panel shall be final on the admission of all evidence at the hearing, including the admission of written evidence and of oral evidence from witnesses or other parties at the hearing. This shall include the power to refuse to admit evidence or hear witnesses on the basis of lack of relevancy. The Panel may proceed with a hearing in the absence of any particular witness in the sole discretion of the Chair of the Panel. 50. All Professional Suitability Panel members will be impartial. A Professional Suitability Panel will not meet unless all members of the Panel are present. 51. Whilst the order and procedure to be followed at a hearing before a Professional Suitability Panel will be at the discretion of the Chair and will comply with the principles of natural justice, the following will normally occur: The Chair will introduce the proceedings, and invite the University Representative and the student to make an opening statement should they wish to do so the University Representative will set out the concern/s and any supporting evidence in the case, may call witnesses, may question the student’s witnesses, and will answer questions from the Panel; the student (or their representative) may respond to the concerns and supporting evidence, may call witnesses, may question the University Representative’s witnesses, and shall answer questions from the Panel and the University Representative the University Representative shall make any closing statement the student (or their representative) may make any closing statement. 52. The Professional Suitability Panel may ask for specific enquiries to be undertaken, additional witnesses to be called and/or additional information to be presented. Any such information must be shared with the student. Minutes will be taken of the proceedings. 53. The Professional Suitability Panel will retire in private to deliberate. The Secretary to the Professional Suitability Panel may retire with the Panel in order to provide procedural advice but will play no part in the Panel’s decision-making.
Professional Suitability Procedure Page 11 of 19
54. The Professional Suitability Panel may be adjourned during its deliberations if, in the opinion of the Chair, further information or advice and guidance is required to enable the Panel to make a decision. In these circumstances, the student will be notified of the adjournment and the Panel will reconvene at the earliest opportunity. Any further information gathered by the panel will be shared with the student. 55. Matters will be determined by the Professional Suitability Panel on the balance of probabilities. If a consensus of decision is not achieved, the Chair will have the casting vote. 56. The Professional Suitability Panel will determine whether or not the student’s professional suitability is impaired (including whether they are unfit to practise) or may become impaired and any actions to be taken. Such actions may include (but are not limited to) one or more of the following outcomes: (a) no action be taken (b) support arrangements and/or reasonable adjustments be put in place for the student, if necessary in consultation with the Disability and Dyslexia Service (c) an action plan be drawn up in accordance with paragraphs 21 - 23 (d) the matter be referred to an earlier Level (e) the matter be referred for consideration under another University process (e.g. Fitness to Study, Student Disciplinary Procedure, Academic Misconduct Procedure) (f) a written warning be given to the student to be held on the student’s personal file (g) the student be withdrawn from placement or other work-based activity or related learning activity, and that either: i. the student be permitted to undertake another placement, or other related learning activity, or ii. the student not be permitted to undertake another placement or other related learning activity (h) a professional award is withheld or withdrawn (i) a recommendation be made to the Board of Examiners that an alternative non- professional award be awarded (j) suspension of the student from the programme with immediate effect for a specified period of time (with or without conditions) (k) exclusion of the student from specific areas of the University, or from specified University activities, services, or facilities for a specified period of time (with or without conditions) (l) expulsion of the student from the University, normally with a prohibition on readmission on to any professional or other programme in the future (m) that the relevant PSRB or PAB should be notified of the Panel’s decision 57. In determining the actions to be taken, the Professional Suitability Panel shall act with due regard to the requirements and/or expectations of the relevant PSRB. 58. Where the Panel decides that a student should be permanently expelled from the University because their professional suitability is impaired and the student is unfit to practise, the student will normally retain any academic credits they have acquired but no professional award which includes a protected title can be made to such students, even if they have successfully completed the relevant parts of their assessed work. In these circumstances, only academic awards that do not confer an eligibility to practise can be made. No academic award made to a student deemed to be professionally unsuitable for Occupational Therapy or Physiotherapy shall contain the words ‘Occupational Therapy’ or ‘Physiotherapy’. No academic award made to a student deemed to be ‘unsuitable’ for professional social work shall contain the words ‘social work’. No academic award which entitles the student to be recommended for qualified teacher status shall be made to a student deemed to be professionally unsuitable.
Professional Suitability Procedure Page 13 of 19 conclusion of the Panel’s consideration of the matter, the student will be issued with a Completion of Procedures letter.
69. The outcome of the appeal will be notified to the student, their tutor, the Programme Lead and the Head of Department in writing, with reasons, normally within 7 working days of determination of the appeal. 70. The decision of the DVC will be final and will conclude the appeal. 71. A Completion of Procedures letter will be issued to the student. Where a student is dissatisfied with the outcome of the procedure the student may complain to the Office of the Independent Adjudicator for Higher Education (OIA). The OIA provides an independent scheme for the review of unresolved student complaints. The complaint must be submitted to the OIA within 12 months pf the date of the issue of the Completion of Procedures letter. Further information on the OIA can be obtained from the Office of the Independent Adjudicator for Higher Education website www.oiahe.org.uk. The OIA can be contacted at 0118 959 9813 or enquiries@oiahe.org.uk.
Professional Suitability Procedure Page 14 of 19 Appendix 1 – Temporary Suspension and Exclusion
1. Circumstances can arise where it is necessary for the University to take precautionary action in order to manage risk to the University, its members, and/or to the wider community. This Appendix sets out how this risk will be managed. 2. The University may in appropriate cases use its powers to temporarily suspend and/or exclude a student for a defined period of time (which may be extended) or until a matter is considered under the relevant University procedures. 3. Where a concern is raised relating to a student’s conduct, whether on or off campus, which represents a potential or actual threat to the safety, security, health, wellbeing, good order, or reputation of the University, its members, an external organisation or placement provider, or members of the public, a member of staff may make a recommendation to the Vice-Chancellor or Vice-Chancellor’s delegate that the student should be temporarily suspended and/or excluded. 4. Where the Vice-Chancellor’s delegate determines that such a risk exists, the Vice- Chancellor’s delegate may take one or both of the following precautionary actions until such time as the matter is considered under the relevant University procedures: Temporarily suspend a student from all or part of their studies or research. This may include suspension from placement or any other University activity, including examinations, receiving information about results or progression, and re-enrolment. Temporarily exclude a student from using all or particular University services or facilities and/or entering the University campus. This may also include temporarily withdrawing or amending a student’s Brunel computer account access privileges. 5. The decision to impose a temporary suspension and/or exclusion will not affect a student’s legal rights under any license agreement with Brunel Accommodation Services. 6. The imposition of a temporary suspension and/or exclusion is precautionary; it is not a penalty and does not indicate that the University has concluded that the student has breached its rules or regulations. 7. The Vice-Chancellor’s delegate may impose conditions on a temporary suspension and/or exclusion, and where practicable and appropriate will make arrangements to mitigate the impact of a temporary suspension and/or exclusion on a student, such as allowing students to sit examinations or to study remotely using online resources. 8. Where a student who is temporarily suspended and/or excluded requires access to the University campus for any reason, the student should write to the Secretary to the MPS Board to ask for permission, giving at least 1 working days’ notice. 9. When taking action to temporarily suspend and/or exclude a student from a placement, the Vice-Chancellor’s delegate will have regard to any obligations the University may have under a Placement Management Agreement with respect to a placement provider. 10. Where urgent action is taken by a delegate at Department level to temporarily suspend and/or exclude a student on a programme listed in Appendix B, the decision shall be subject to confirmation by the Vice-Chancellor, a Deputy-Vice Chancellor or Dean of College before full formal written notification of the action is sent to the student. Procedure for Temporary Suspension and/or Exclusion 11. The Vice-Chancellor’s delegate may take urgent action to temporarily suspend and/or exclude a student with immediate effect prior to providing the student with formal written notification.
Professional Suitability Procedure Page 16 of 19 Appendix 2 – Programmes applicable to the Professional Suitability Policy and Procedure MSc Physician Associate BSc and MSc Specialist Community Public Health Nursing BSc Occupational Therapy MSc Occupational Therapy BSc Physiotherapy MSc Physiotherapy BA Social Work (pre-registration) MA Social Work (pre-registration) Postgraduate Certificate in Specialist Social Work (Adults)/ (Children and Families) MSc Neurorehabilitation MSc Health Promotion and Public Health Postgraduate Certificate Secondary Education with recommendation for Qualified Teacher Status Postgraduate Certificate Primary Education (5-11 years) with recommendation for Qualified Teacher Status Postgraduate programmes with the recommendation for Qualified Teacher Status Relevant postgraduate research programmes
Professional Suitability Procedure Page 17 of 19 Appendix 3 – Programme Specific Policies and Procedures Relating to Professional Suitability A. Community Health Nursing A1. The programmes in Community Health Nursing to which these procedures apply are: BSc and MSc Specialist Community Public Health Nursing: Health BSc and MSc Specialist Community Public Health Nursing: Occupational Health Nursing BSc and MSc Specialist Community Public Health Nursing: School Nursing A2. The professional expectations of these programmes are set out in full in student handbooks and other programme documentation. Concerns about a student’s professional suitability in terms of breach of The Code: Standards of conduct, performance and ethics for nurses and midwives (NMC 2008), professional misconduct, inappropriate behaviour or for health reasons, will be addressed in accordance with this Professional Suitability procedure. The NMC Character and Health Decision-making Guidance for nursing and midwifery students (NMC 2015) sets out the conduct that is expected of students on all nursing and midwifery programmes. Under this Guidance the University has a responsibility, throughout the whole period between application and graduation, to assess the suitability of its students on these programmes “for entry to and continued maintenance on approved programmes leading to [NMC] registration”. A3. The NMC also refer to professional suitability as ‘fitness for practise’. A4. The NMC code defines ‘good character’ issues as including ‘conduct, behaviour or attitudes that are incompatible or likely to be incompatible with professional registration as well as any new charges, cautions or convictions’. Good character issues may be considered under these Suitability Procedures. Composition of Panels A5. The membership of a Professional Suitability Panel convened to consider the Professional Suitability of a Community Health Nursing student shall be constituted in accordance with paragraphs 57 to 58 above, but additionally comprise: two qualified community health nurses, at least one of whom should be from the same part of the NMC register and field of practice as the student and hold current registration on that part of the NMC register, and at least one of whom shall be an external representative from a service partner. B. MSc Health Promotion and Public Health and MSc Neurorehabilitation B1. The programmes in Health Promotion and Public Health and Neurorehabilitation, to which these procedures apply are: MSc Neurorehabilitation MSc Health Promotion and Public Health B2. The professional expectations of these programmes are set out in full in student handbooks and other programme documentation. Concerns about a student’s professional suitability in terms of breach of the codes of the NMC (including the NMC Guidance on professional conduct for nursing and midwifery students (NMC 2010)) or HCPC (including HCPC Guidance on Conduct and Ethics for Students), professional misconduct, inappropriate behaviour or for health reasons are the subject of the Professional Suitability Procedures. The conduct that is expected of students is set out, as appropriate to the
Professional Suitability Procedure Page 19 of 19 D. Social Work D1. The programmes in Social Work to which these procedures apply are: BA Social Work (pre-registration) MA Social Work (pre-registration) D2. The Social Work Suitability Scheme of HCPC came into force on 1 August 2012. Under this scheme, HCPC expects that education providers have overall responsibility for ensuring that students remain fit to practise throughout their period of study. This responsibility covers all students regardless of their employment status with any practice placement provider. D3. Concerns about a student’s professional suitability in terms of breach of the HCPC code, professional misconduct, inappropriate behaviour or for health reasons will be addressed in accordance with this Professional Suitability Procedure. D4. The HCPC Guidance on Conduct and Ethics for Students sets out the conduct that is expected of students on Social Work programmes. Composition of Panels D5. The membership of a Professional Suitability Panel convened to consider the Professional Suitability of a Social Work student shall be constituted in accordance with paragraphs 57 to 58 above, but in addition it shall comprise: two qualified Social Workers registered with the HCPC, neither of whom shall be the student’s personal tutor, Senior Tutor or programme leader and neither shall have been otherwise involved in the case_._ E. Initial Teacher Education E1. The programmes in Education to which the procedures set out in this Regulation apply are: Postgraduate Certificate Secondary Education with recommendation for Qualified Teacher Status Postgraduate Certificate Primary Education (5-11 yrs) with recommendation for Qualified Teacher Status Programmes which carry the recommendation for Qualified Teacher Status E2. Concerns about a student’s professional suitability in terms of breach of the Teachers’ Standards in England from September 2012, professional misconduct, inappropriate behaviour or for health reasons, will be addressed in accordance with this Professional Suitability procedure. E3. The Teachers’ Standards in England from September 2012 sets out the conduct that is expected of students on Initial Teacher Education Programmes. Composition of Panels and Appeals Panels E4. The membership of a Professional Suitability Panel convened to consider the Professional Suitability of an Initial Teacher Education student shall be constituted in accordance with paragraphs 57 to 58 above, and in addition it shall comprise: two qualified teachers, at least one of whom shall normally be external to the University and shall be a Head Teacher, or Deputy Head Teacher, or another senior teacher with appropriate authority. Where the qualified teacher is a member of the academic staff of the University, this person shall not be the student’s personal tutor, Senior Tutor or Programme Leader. Neither qualified teacher shall have been otherwise involved in the case.