Introduction
The University is committed to promoting an open and diverse community; we respect the rights and dignity of all and believe in valuing people whatever their background. This is reflected in our values and behaviours and our Equality and Diversity policy.
It is the aim of University to provide an inclusive and supportive response to students who experience illness or are disabled, to enable them to participate in university life and fulfil their potential. However, the University has a duty of care to respond appropriately where there are substantial concerns relating to a student’s behaviour and the impact that may have on the individual and/or members of the University community.
This procedure outlines the action that the University will take, in such instances, to provide a timely, constructive and transparent response. This procedure supersedes the Responding to the Mental Health Needs of Students procedure, which, on the adoption of this policy, will no longer be operable.
Collaborative partners are responsible for ensuring that an equitable procedure exists, appropriate to their organisational setting. Any exceptions to this must be accepted at the time of partner approval and noted in the Operational Manual.
Members of staff are responsible for acting within the framework of this procedure, rather than the Disciplinary policy, if any of the following circumstances apply and the member of staff believes that this may be resulting from an illness or disability;
- Staff believe that the student presents a serious risk to themselves or others
- The student’s behaviour is having a significant detrimental effect on other students and/or staff
- The student is causing damage to property
In exceptional circumstances, if any member of staff is concerned about an applicant’s fitness to participate in University life, due to concerns outlined above, this policy can be implemented and may result in deferred entry.
Where there is a fitness for professional practice concern, the Professional Conduct and Professional Suitability Policy and Occupational Health procedures must be followed.
Procedure
1. If any member of staff is concerned about a student’s fitness to participate in University life, due to their health or disability, they should contact Student Wellbeing at studentwellbeing@derby.ac.uk or on 01332 593000 (Ext.3000). Prior to taking any action, the member of staff should inform the student of what actions they are taking and the reasons for this.
2. Student Wellbeing will conduct an initial assessment and identify a supportive response appropriate to the level of risk presented. Possible responses include:
- to make contact with the student and offer support
- to monitor the student’s behaviour and review if any deterioration is detected
- to advise staff of appropriate action and upon the boundaries to which they must adhere
- for the staff member to arrange an informal meeting with the student and a member of Student Wellbeing
3. If the student is unable to engage in any of the responses outlined above, or these responses do not reduce the risk or concern, the formal Fitness to Participate in University Life Procedure should be followed;
3.1. The member of staff should arrange a three-way meeting between themselves, Student Wellbeing and the student. The student should be given the opportunity to bring a representative/friend or if the student is under 18 years, or under 25 years and has complex learning difficulties, a parent/guardian or appropriate adult. The student should be informed of the representation that The University of Derby Students Union can provide.
3.2. The member of staff should contact the student informing them of the date, time, and place of the meeting, its nature and the issues to be discussed. This information should be provided in writing at least 48 hours prior to the meeting. For online/distance learners arrangements should be made to conduct the meeting via telephone conference or Skype to give the student the opportunity to participate.
3.3. The member of staff or Student Wellbeing representative should facilitate the meeting as appropriate.
3.4. All issues discussed in the meeting and outcomes should be recorded on the Fitness to Participate in University Life plan (Appendix 1).
3.5. All persons present should sign the Plan and a copy should be given to the student.
3.6. Confidentiality will be maintained throughout these procedures in line with the Student Wellbeing Service Confidentiality Policy (Appendix 2).
3.7. If a student fails to attend the meeting and does not provide good reason for non-attendance the meeting will proceed and a decision may be taken in their absence.
4. If the student is too ill to attend the meeting:
4.1. A Student Wellbeing representative should make contact with the student and assess their health in partnership with statutory services as appropriate.
4.2. Appropriate support strategies should be identified with the student and relevant statutory services.
4.3. The Fitness to Participate in University Life Plan should be completed on an interim basis and a further date arranged to give an opportunity for the student to be present and to have their views heard.
4.4. The situation should be monitored on an on-going basis and the Fitness to Participate in University Life Plan should be reviewed as a minimum every four weeks, or if the situation deteriorates.
4.5. A decision to suspend a student from their programme or to withdraw a student from the Halls of Residence may be made on completion of the Fitness to Participate in University Life Plan or upon subsequent review (see Suspension from Programme, section 5 and Withdrawal from Halls of Residence, section 7).
5. Suspension from Programme
5.1. A temporary suspension from programme is a way of managing the potential risk posed by a student while an assessment is on-going. The assessment may be undertaken within the Fitness to Participate in University Life procedures, but may also be conducted by external statutory services.
5.2. Whenever possible, the issues of concern should be discussed with the student and their agreement to withdraw/take an authorised break from study should be sought, if appropriate. When such agreement is not forthcoming, Student Wellbeing Service and the College may make a joint decision to suspend the student without their agreement. This decision will be made based on what is in the best interest of the student and the management of any risk to others.
5.3. Suspension would always be by a Dean unless there was a need to immediately suspend a student for the following reasons:
- the student's continued presence represents a threat to themselves or others
- the behaviour seriously breaches the regulations or infringes a Code of Conduct
- the behaviour compromises the reputation of the University
In these instances a student may also be suspended from the University and/or excluded from any of its facilities, including virtual environments by a Director/Head of Department or University manager.
5.4. Such a suspension may be temporary until the student can attend a Fitness to Participate in University Life assessment meeting or the suspension may be the outcome of a Fitness to Participate in University Life assessment meeting.
5.5. Whenever possible, the student should be informed of the decision to suspend them from study in person, by the relevant Director/Dean/Head or University Manager, with an appropriate staff member in attendance to provide immediate support. Online/distance learners should be informed by telephone and signposted to appropriate support. The student will be provided with a copy of the Temporary Suspension Form setting out the reasons for the suspension/withdrawal within 3 days of the event.
5.6. A copy of the form will be logged with the Academic Appeals and Complaints Manager.
5.7. The decision to suspend will be reviewed by the Registrar within 10 days of the decision. The student has the right to make written representation to the Registrar or nominee which will be taken into account as part of the review. This process will be explained to the student when they are informed of the suspension.
5.8. The outcome of the review may include the following:
- To continue the suspension without amendment
- To continue the suspension with amendment
- To end the suspension
5.9. The outcome of the review will be confirmed to the student in writing.
6. During Suspension
6.1. During a period of suspension, the student will not be entitled to attend academic teaching or any associated assessments and entitlement to access some or all University facilities may be withdrawn. The extent of this will be considered at the point of suspension and will be confirmed on the Temporary Suspension Form.
6.2. Where possible, subject to the safety and welfare of staff and other students, efforts will be made to minimise disruption to the student’s programme of study.
6.3. An assessment of whether any outstanding tuition fees or debts should be cancelled and whether the student should be reimbursed with any outstanding credit should be carried out.
6.4. The student should be provided with appropriate support during a temporary suspension or an authorised break from study, which may include; liaising with statutory mental health services, parents, GPs, social workers, etc. as appropriate.
6.5. The student will be suspended from study until they can provide evidence that they are fit to participate in university life (see returning to study following concerns relating to fitness to participate in university life section 8).
7. Withdrawal from Halls of Residence
7.1. A suspension or withdrawal is a way of managing the potential risk posed by a student while an assessment is on-going. The assessment may be undertaken within the Fitness to Participate in University Life procedures, but may also be conducted by external statutory services.
7.2. Whenever possible, the issues of concern should be discussed with the student and their agreement to leave halls, whether temporarily or to end the contract, from Halls of Residence should be sought, if appropriate. When such agreement is not forthcoming, Student Wellbeing and the Halls Wellbeing Coordinator may make a joint decision that the student is not fit, at that time, to live in halls and may recommend that the student is withdrawn from halls without their agreement. This decision will be made based on what is in the best interest of the student and the management of any risk to others.
7.3. Based on this recommendation the DSRL Operations Director will withdraw a student from Halls of Residence.
7.4. Such a withdrawal may be temporary until the student can attend a Fitness to Participate in University Life assessment meeting or may be the outcome of a Fitness to Participate in University Life assessment meeting.
7.5. Whenever possible, the student should be informed of the decision to withdraw them from Halls of Residence in person, with an appropriate staff member in attendance to provide immediate support. The student will be provided with a copy of the decision in writing setting out the reasons for the withdrawal, including a date by which they must leave Halls of Residence and information on the appeals procedure within 24 hours of the event.
7.6. The student will be provided with appropriate support to enable the process which may include assistance to find alternative accommodation; liaison with external agencies; transport to move belongings.
7.7. In the case of a decision to withdraw, it will be reviewed by Student Wellbeing and a member of DSRL Senior Management Team within 10 days of the decision. The student has the right to make written representation to DSRL Operations Director which will be taken into account as part of the review.
7.8. The outcome of the review may include the following:
- To continue the withdrawal without amendment
- To continue the withdrawal with amendment
- To end the withdrawal
7.9. The outcome of the review will be confirmed to the student in writing.
8. In the case of a decision to permanently withdraw, the student’s contract should be terminated on the withdrawal date and the student reimbursed with any outstanding credit. Where appropriate, outstanding Halls of Residence fees and debts may be waivered. This will be at the discretion of DSRL Operations Manager.
In the case of a decision to temporarily withdraw, the student should be reimbursed for the period of time that they are unable to live in halls.
9. Returning to study following concerns relating to Fitness to participate in University Life
9.1. This protocol should be followed when a student is requesting to return to study following an authorised break from study, suspension or withdrawal which is a result of a Fitness to Participate in University Life meeting.
9.2. When the student applies to return to the study they will be required to attend a meeting with a member of staff from their College and a member of staff from Student Wellbeing. The purpose of the meeting would be to:
- Assess the student’s fitness to participate in university life
- Identify support requirements
- Discuss previous concerns and identify strategies to prevent their reoccurrence
9.3. All issues discussed in the meeting should be recorded on the Return to Study/Halls Plan (Appendix 3).
9.4. The College and the Student Wellbeing Service should make a joint decision on the appropriateness of the student returning to study at that time.
9.5. The student should be informed in writing of the decision to accept or decline their application to return to study within 7 working days.
9.6. The student’s return to study will be upon condition of the student accepting support and adhering to the actions outlined in the Return to Study Plan.
9.7. The Return to Study Plan should be signed by all parties before the student returns to study and should be reviewed on an on-going basis.
9.8. If the student is not deemed fit to return to study at that time they can request a review for the next academic semester.
10. Returning to Halls of Residence following concerns relating to Fitness to participate in University Life
10.1. This protocol should be followed when a student is requesting to return to Halls of Residence following an authorised break from study, suspension or withdrawal which is a result of a Fitness to Participate in University Life meeting.
10.2. When the student applies to return to the Halls of Residence they will be required to attend a meeting with the Halls Wellbeing Coordinator, a member of staff from Student Wellbeing and the Halls Manager, as appropriate. The purpose of the meeting would be to:
- Assess the student’s fitness to participate in university life
- Identify support requirements
- Discuss previous concerns and identify strategies to prevent their reoccurrence
10.3. All issues discussed in the meeting should be recorded on the Fitness to Participate in University Life plan (Appendix 1).
10.4. The Halls Wellbeing Co-ordinator and the member of staff from the Student Wellbeing Service should make a joint decision on the appropriateness of the student returning to halls at that time.
10.5.The student should be informed in writing of the decision to accept or decline their application to return to Halls of Residence within 7 working days.
10.6.The student’s return to halls will be upon condition of the student accepting support and adhering to the actions outlined on the Fitness to Participate in University Life plan (Appendix 1).
10.7. The plan should be signed by all parties before the student returns to halls and should be reviewed on an on-going basis.
11. Appeals
11.1. Students have the right to appeal against the outcome of the Fitness to Participate in University Life meeting.
11.2. An appeal will only be considered on one or more of 3 grounds:
- if new evidence is available that for good reason was not available at the time of the original meeting
- if it can be demonstrated that the correct procedures were not followed
- if the consequence is out of proportion with the issue of concern and the level of risk presented
11.3. The appeal must be submitted in writing within 14 days of communicating the outcome of the Fitness to Participate in University Life meeting, explaining the reasons for the appeal.
11.4. Appeals should be submitted to the Academic Appeals and Complaints Manager who will forward them to the Appeal Panel. The Appeal Panel will consist of a Deputy Vice-Chancellor (Chair), the Head of Student Services (or their nominee) and a member of staff from Student Wellbeing and, when the decision concerns DSRL Halls of Residence, DSRL Operations Manager (or their nominee). No member of the Appeal Panel will have any prior experience of the matter.
11.5. The Appeal Panel and the student will be given the written material presented to the Fitness to Participate in University Life meeting, the notes of the proceedings and the decision of that meeting. If there is good evidence to demonstrate that providing this written material would have a significant detrimental impact on the student, this material can be withheld from the student.
11.6.The student is entitled to attend a meeting with the panel in order to state her/his case, and to be accompanied in such a meeting by an appropriate professional approved by the University, family member, friend or a member of the University or Students’ Union, and, if the student is under 18 years of age, or under 25 years and has complex learning difficulties by her/his parent or guardian or appropriate adult.
11.7. The outcome of the review will be to
- Confirm the original decision
- Annul the original decision, or
- Amend the original decision
11.8.The Panel will keep a record of the appeal proceedings, and will communicate their decision to the student in writing, giving reasons for that decision, within 7 days.
Appendix 1 - Fitness to Participate in University Life Plan
Date of incident:
Date of meeting:
Name:
Address:
Contact telephone number:
Contact email:
Student No.
Programme:
Present at meeting: [NAME], [ROLE]
Current issues/problems - staff view:
Current issues/problems - student view/response:
Current support:
Actions agreed
| Issue | Action | By whom | By when |
|---|
| |
|
|
|
Anything else:
Review date (2 weeks from review):
| Participants | Signature and full name | Role | Date |
|---|
| Student |
|
|
|
| College/Halls of Residence |
|
|
|
| Student Wellbeing |
|
|
|
| Any other |
|
|
|
A copy of this form should be kept on file with student records, a copy given to the student and at the student request, a copy passed to the relevant university support worker.
Appendix 2 - Student Wellbeing Service Confidentiality Policy
This document outlines the policy of the Student Wellbeing Service – with the exception of the Counselling Service which has its own distinct policy.
The purpose of this policy is to ensure that personal information provided to the Student Wellbeing Service is managed appropriately.
The Student Wellbeing Service is a confidential service.
The Student Wellbeing Service will not share information about a student with any other University department or faculty without the student’s express permission, except in the circumstances outlined below.
The Student Wellbeing Service will only share information with services external to the University with the student’s express permission or in exceptional circumstances where:
- The student poses a serious and imminent risk to themselves or others
- There is a safeguarding concern
- The student discloses information relating to a possible act of terrorism or drug trafficking
- The University has a statutory duty to provide this information
In these cases, where possible, a member of the Student Wellbeing Service will first discuss their concern with the student before making any disclosure outside the service. Any disclosure of confidential information will be restricted to relevant information and conveyed only to appropriate people for appropriate reasons.
Internal Support Services
Information disclosed to a member of the Student Wellbeing Service may be discussed within the Service for purposes of supervision and co-ordinating support.
The Student Wellbeing Service, the Students’ Union Advice Centre, Chaplaincy and Halls of Residence may share information between them to ensure consistency of support within the clearly defined terms of joint Service Level Agreements. We will always seek a student’s permission before sharing any information in this way. However, where permission cannot be gained, limited factual information may still be shared where it is clearly in the best interest of the student.
External Support Services
When working with external support services it is our intention to always act in the best interests of the student to ensure they receive the best possible and most consistent support. We will seek to gain a student’s permission before discussing their support with any external agency.
However, we recognise there may be occasions when a student is in mental health crisis and it is in their best interests for the discussion to take place, even if permission cannot be gained. In these rare circumstances discussion will be limited to the student’s immediate need.
Access to Records
Students’ have a right to any information stored about them. The only exception to this is if the disclosure of information would be likely to cause serious harm to physical or mental health or which would breach the confidentiality of another person. If the decision is made to withhold information a justified reason will be recorded.
If a student wishes to have access to the information stored about them or they wish us to share information with a third person they should discuss this with a member of the Student Wellbeing or the Student Wellbeing Service Manager. They will be required to complete a Subject Access Request form. The Service will reply to such requests within 20 days.
Students will be given access to records on written request but records can only be accessed with an appropriate member of staff present.
We will not provide access to our records if requested by other parties unless directed to by a court order.
Appendix 3 - Return to Study/Halls Plan
...
A copy of this form should be kept on file with student records, a copy given to the student and at the student request, a copy passed to the relevant university support worker.