Fitness to participate in university life

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.

What is Fitness to Participate in University Life (FITPUL)

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 or persistent concerns relating to a student’s behaviour due to a physical or mental health condition, and the impact that may have on the individual and/or members of the university community. 

This procedure is in place to ensure any concerns regarding a student’s fitness to participate in university life are managed and addressed in a supportive, fair and timely manner. It provides a suitable and coordinated response where other internal procedures, such as disciplinary procedures, are not appropriate.

Relationship with other university processes

The University also has a Student Disciplinary Procedure and there may be occasions where a student comes under both the Fitness to Participate in University Life and Disciplinary procedures at the same time. Depending on individual circumstances of each student case, the university reserves the right either to suspend one procedure until the outcome of the other is complete, or to decide not to pursue one in favour of the other or use Fitness to Participate in University Life procedure if the member of staff believes that the circumstance is because of an illness or disability.

If it is deemed that the behaviour was not due to a physical or mental health condition or there is recent medical evidence stating, they are fit to participate in university life, the disciplinary procedure may be considered as an alternative process.

When this procedure is used

This procedure sets out three levels of intervention which may be appropriate depending on the assessed level of risk to the student’s health and wellbeing, or that of other members of the university community. It is possible to enter the process at any level, progress through some or all levels, or return to a lower-level intervention. Resolution can occur at any level. 

Fitness to Participate in University Life may be brought into question because of a wide range of circumstances. These include, but are not restricted to, the following:

1.    Where the health, wellbeing and/or behaviour of a student means they are unable to participate successfully, and safely in academic study and general university life, on and off campus, placements, field trips, and living in halls of residence. 

2.    Where a student’s health, wellbeing and/or behaviour is considered a significant risk, or emerging significant risk, to themselves, other students, staff, or members of the University community, where it is having a significant negative impact on their academic work or progression. 

3.    Where a student’s health, wellbeing and/or behaviour is giving rise to serious cause for concern. 

4.    Where a student’s health, wellbeing, and/or behaviour places unreasonable demands on staff or other students. 

5.    The student is causing damage to property.

6.    The student is impacting the reputation of the university.

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 for applicants.

Where there is a fitness for professional practice concern, the Professional Conduct and Professional Suitability Policy and Occupational Health procedures must be followed.

How students are referred to this procedure

Any member of staff or the student’s employer (if an apprentice) may raise a concern that a student may not be fit to participate in university life by completing the FITPUL concern form (Appendix 1) The Head of Student Services can also be contacted for an initial discussion ahead of any action(s) Referrals to this Fitness to Participate in University Life can also be made as an outcome of the University of Derby Safeguarding Procedure, Disciplinary Procedure or other university procedures. Likewise, this procedure may refer students to the Safeguarding Procedure which can run alongside this procedure. 

Student Services may also begin this procedure without referral if they have direct contact with a student that raises concerns, whether raised by the student themselves or raised by another student, or external agency. 

Referrals to the Fitness to Participate in University Life may also be made due to a student’s request for interruption of study.

1. Procedure

Level 1 – emerging/low level concerns

1.1.  The University of Derby recognises the importance of early intervention when there are concerns about a student’s fitness to participate in university life. The University of Derby commits to dealing with such matters non-judgementally and with sensitivity. Therefore, Level 1 of this procedure will take the form of an exploratory meeting between a member of Student Services (with the option to include other staff if required) and the student. For an apprenticeship student, this discussion may include the employer.

1.2.  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 the Head of Student Services in the first instance for an initial discussion and then complete the FITPUL concern form (Appendix 1).

1.3.  The initial Level 1 exploratory meeting will be arranged directly with the student (and employer if on an apprenticeship programme) by a member of Student Services in a timely manner and should not be unreasonably delayed. There is a balance between ensuring the meeting occurs quickly, to support the student, and avoiding notifying the student at an inopportune point in their studies, adding to their stress. 

1.4.  Students need to be allowed a reasonable amount of time to prepare and participate. The student will be given at least 5 working days’ notice of the meeting but students can request up to 10 working days’ notice in order to prepare themselves. The exploratory meeting will be recorded and action points clearly communicated to the student, such as expectations on the student and any additional support that is being arranged. For online/distance learners, arrangements should be made to conduct the meeting via telephone / Microsoft Team's audio or video, to give the student the opportunity to participate.

1.5.  The student is entitled to bring one additional person to the meeting for support, which could be a parent/guardian, colleague, friend, the US Student Representative, or employer-designated support. This person cannot be a legal representative. They should play no active part in the meeting except to offer support to the student. 

1.6.  Students studying on an apprenticeship programme are not required to be accompanied by their employer but should be given the choice. 

1.7.  Where the student is aged under 18 the student’s parent/guardian shall be informed, and the student’s parent/guardian may also attend the meeting.

1.8.  All outcomes of the exploratory meeting will be recorded on the FITPUL action plan template (see Appendix 2) A copy of this is provided to the student and relevant staff. Outcomes to the exploratory meeting may include:

• to agree additional supports pastoral and/or academic.
• 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.
• referral to Level 2 or other University procedure 

1.9.  As part of the Level 1 exploratory meeting Student Services may, with the student’s consent, liaise with external agencies involved in the student’s support in order to assess fitness to participate in university life and ensure a multiagency approach to support. Such external agencies include, but are not limited to, GP, Social Services, other medical practitioner(s).

1.10. Confidentiality will be maintained throughout these procedures in line with the Student Services Confidentiality and Information Sharing Policy.

2. Level 2 – continued significant concerns (Formal)

2.1  Level 2 intervention will usually only be considered if:

• the student is unable or unwilling to engage in any of the responses outlined above
• informal intervention has not resolved the concern
• the concern raised is too serious to be dealt with informally.

2.2  Where this is a new concern not dealt with at Level 1 staff should contact the Head of Student Services in the first instance for an initial discussion and then complete the FITPUL concern form (See Appendix 1)

2.3  The appropriate member of staff from Student Services should arrange a formal FITPUL meeting and will chair this. Relevant attendees may include academic and support staff and any staff involved in Level 1 of the procedure. 

2.4  The student is entitled to bring one additional person to the meeting for support, which could be a parent/guardian, colleague, friend, the US Student Representative, or employer-designated support. This person cannot be a legal representative. They should play no active part in the meeting except to offer support to the student. 

2.5  Students studying on an apprenticeship programme are not required to be accompanied by their employer but should be given the choice. 

2.6  The appropriate member of staff from Student Services 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 5 working days prior to the meeting wherever possible unless risk necessitates a more urgent response. Students can request up to 10 working days’ notice in order to prepare themselves. For online/distance learners, arrangements should be made to conduct the meeting via telephone / Microsoft Team's audio or video, to give the student the opportunity to participate.

2.7  Student Services representative should facilitate the meeting as appropriate.

2.8  All issues discussed in the meeting and outcomes should be recorded on the FITPUL action plan template (see Appendix 2)

2.9  All persons present should sign the action plan and a copy should be given to the student. Electronic signatures or confirmatory emails are acceptable.

2.10 Confidentiality will be maintained throughout these procedures in line with the Student Services Confidentiality and Information Sharing Policy.

2.11 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

2.12 As part of the Level 1 exploratory meeting Student Services may, with the students consent, liaise with external agencies involved in the student’s support in order to assess fitness to participate in university life and ensure a multiagency approach to support. Such external agencies include, but are not limited to, GP, Social Services, other medical practitioner(s).

3. If the student is too ill to attend the meeting 

3.1.  A Student Services representative should contact the student and assess their health in partnership with statutory services as appropriate.

3.2.  Appropriate support strategies should be identified with the student and relevant statutory services.

3.3.  The FITPUL action plan template (see Appendix 2) 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.

3.4.  The situation should be monitored on an on-going basis and the FITPUL action plan template (see Appendix 2) should be reviewed as a minimum every four weeks, or if the situation deteriorates.

3.5.  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 FITPUL action plan template (see Appendix 2) or upon subsequent review (see Suspension from Programme, section 5 and Withdrawal from Halls of Residence, section 7).

The possible outcomes are:

      I.    No formal action is required.

     II.     Implementation of action plan, which should detail any steps the student will need to take, and any support provided by                   the University.

     III.   Temporary suspension from Programme and/or withdrawal from halls of residence

     IV.   Recommendation of an authorised break of study

     V.    Referral of the case to Level 3 – serious or persistent concern.

4. Suspension from Programme

4.1.  A temporary suspension from programme is a way of managing the potential risk posed by a student to themselves or the wider University community 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.

4.2.  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.

4.3.  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 (this includes Field Trip Supervisors).

4.4   Such a suspension may be temporary until the student can attend a Fitness to Participate in University Life assessment meeting, or the suspension is the outcome of a Fitness to Participate in University Life assessment meeting.

4.5   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. 

4.6   A copy of the form will be logged with the Academic Appeals and Complaints Manager.

4.7   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 considered as part of the review. This process will be explained to the student when they are informed of the suspension.

4.8   The outcome of the appeal may include the following:

• To continue the suspension without amendment
• To continue the suspension with amendment
• To end the suspension.

4.9     The outcome of the appeal will be confirmed to the student in writing.

5. During Suspension 

5.1  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.

5.2  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.

5.3   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.

5.4   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.

5.5   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).

6. Withdrawal from Halls of Residence

6.1  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 be conducted by external statutory services. 

6.2  Whenever possible, the issues of concern should be discussed with the student, and their agreement to leave Halls of Residence, whether temporarily or to end the contract, should be sought if appropriate. When such agreement is not forthcoming, a member of Student Services management and the Halls Customer Service Manager, or their nominee, 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.

6.3  Based on this recommendation the DSRL Operations Director, or their nominee, will withdraw a student from Halls of Residence. 

6.4  Such a withdrawal may be temporary until the student can attend a Fitness to Participate in University Life assessment meeting or is the outcome of a Fitness to Participate in University Life assessment meeting. 

6.5  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 within 24 hours of the event, setting out the reasons for the withdrawal, the date by which they must leave Halls of Residence, and information on the appeals procedure. 

6.6  The student will be provided with appropriate support to enable the process which may include assistance to find alternative accommodation; liaison with external agencies; or transport to move belongings.

6.7  In the case of a decision to withdraw, it will be reviewed by Student Services Management 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 considered as part of the review.

6.8  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.

6.9  The outcome of the review will be confirmed to the student in writing.

6.10  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 should be waivered.

6.11  In the case of a decision to temporarily withdraw, the student should be reimbursed for the period that they are unable to live in halls. 

7. Level 3 – for serious/persistent concerns

7.1  Level 3 of the procedure may be initiated if: 

• intervention at Level 2 has not resolved the concern, which will include circumstances in which the student is not complying with the requirements of an action plan. 
• at a previous level it has become apparent that the concern is significantly more severe than originally anticipated (e.g., if an emerging concern needs to be treated as a serious concern). 
• the concern is so serious that treating it as a Level 1 or Level 2 concern would not be appropriate. 

7.2   It may be appropriate to proceed directly to Level 3 if: 

• the student’s health and/or wellbeing are significantly affecting their ability to engage with their studies, placement and/or other aspects of university life; and/or
• there is substantial concern that their health or wellbeing poses an immediate risk to themselves and/ or others and that concern is considered too high to address at Level 1 or 2. 

7.3  Serious or persistent concerns should be referred Student Services via the FITPUL concern form (Appendix 1) who, if appropriate, will request the Head of  Student Services to convene a meeting of the Fitness to Participate in University Life Panel (“the Panel”). 

7.4  The purpose of the Panel meeting is to discuss the circumstances of the concerns to decide what, if any, action should be taken. The student will be given 10 working days' notice of the meeting. The student will be asked to provide any evidence they wish to present at least 2 working days in advance of the meeting. If, following the hearing, the Panel obtains any further documentation not previously shared with the student, this will be shared with the student immediately.

7.5  The Panel will usually include: 

• Head of Student Services (Chair)
• The Dean of the relevant College 
• One other relevant member of university staff (e.g.,  other Student Services Manager)
• Accommodation when the concerns arise in the context of the University’s halls of residence).

If a member of staff has been directly involved in supporting the student they should not sit on the Panel but should be called on to provide supporting information and evidence.  

7.6  The Chair of the Panel may also request a relevant expert(s) (e.g. doctor or other qualified professional relevant to the concerns raised) attend the meeting to provide evidence.

7.7    The student is entitled to bring one additional person to the meeting for support, which could be a parent/guardian, colleague, friend, the US Student Representative or employer-designated support. This person cannot be a legal representative. They should play no active part in the meeting except to offer support to the student.

7.8   Students studying on an apprenticeship programme are not required to be accompanied by their employer but should be given the choice. 

7.9    Where the student is aged under 18 the student’s parent/guardian shall be informed, and the student’s parent/guardian may also attend the meeting.

7.10  Outcomes;

The Panel may decide as follows:

• No formal action is required.
• To implement an enhanced support plan
• To recommend a transfer to an alternative mode of study such as part-time or distance learning
• To require the student to interrupt their studies.
• To permanently withdraw the student from the university. 
• Any other action considered to be appropriate and proportionate.

7.11  All issues discussed in the meeting and outcomes should be recorded on the  FITPUL action plan template (see Appendix 1)

7.12  All persons present should sign the Plan and a copy should be given to the student. Electronic signatures or confirmatory emails are acceptable.

7.13  Students will also be informed of their right to request an appeal of the decisions made at Level 3.

8. Returning to study following concerns relating to Fitness to participate in University Life

8.1  This protocol should be followed when a student requests a return to study following an authorised break, suspension or withdrawal which is a result of a Fitness to Participate in University Life meeting.

8.2  When the student applies to return to study, they will be required to attend a meeting with a member of staff from their college and Student Services. Medical evidence may be gathered prior to the meeting. The purpose of the meeting would be to:

• Assess the student’s fitness to participate in university life and their current wellbeing.
• Identify support requirements.
• Discuss previous concerns and identify strategies to prevent their reoccurrence.

8.3  All issues and outcomes discussed in the meeting should be recorded on the FITPUL action plan template (see Appendix 2)

8.4  The College and Student Services should make a joint decision on the appropriateness of the student returning to study at that time.

8.5  When determining appropriateness to return to study, Student Services may, with the students consent, liaise with external agencies involved in the student’s support in order to assess fitness to participate in university life and ensure a multiagency approach to support. Such external agencies include, but are not limited to, GP, Social Services, other medical practitioner

8.6  The student should be informed in writing of the decision to accept or decline their application to return to study within 7 working days.

8.7  The student’s return to study will be upon condition that they adhere to the actions outlined in the Return to Study Plan.

8.8  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.

8.9  If the student is not deemed fit to return to study at that time, they can request a review for the next academic semester.

9. Returning to Halls of Residence following Concerns relating to Fitness to Participate in University Life 

9.1  This protocol should be followed when a student requests 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.

9.2  When the student applies to return to Halls of Residence, they will be required to attend a meeting with the Halls Customer Services Manager or their nominee, 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.

9.3  All issues discussed in the meeting should be recorded on the Fitness to Participate in University Life Action Plan (Appendix 2).

9.4   The Halls Representative and the member of staff from the Student Services should make a joint decision on the appropriateness of the student returning to halls at that time.

9.5  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.

9.6  The student’s return to halls will be upon condition that the student accepts support and adheres to the actions outlined on the Fitness to Participate in University Life Action Plan (Appendix 2).

9.7  The plan should be signed by all parties before the student returns to halls and should be reviewed on an on-going basis.

10. Right to Appeal a decision made at Level 3

10.1  Students have the right request an appeal the decisions made at Level 3 of this procedure.

10.2  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.

10.3  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.

10.4   Appeals should be submitted to the Student Policy and Regulations Manager who will forward them to the Appeal Panel. The Appeal Panel will consist of a PVC Dean or nominees (Chair), the Head of Student Services (or nominee) and a member of staff from Student Services and a student representative, normally a Union of Students Officer Trustee. No member of the Appeal Panel will have any prior experience of the matter.

10.5  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.  

10.6  The student is entitled to attend a meeting with the Panel to state their 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 Union of Students, and, if the student is under 18 years of age by their parent, guardian, or appropriate adult.

10.7  Confidentiality will be maintained throughout these procedures in line with the Student Wellbeing Confidentiality and Information Sharing Policy.

10.8  The outcome of the review will be to

• Confirm the original decision.
• Annul the original decision or
• Amend the original decision.

10.9   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.

11. Office of the Independent Adjudicator for Higher Education (OIA)

11.1  The Office of the Independent Adjudicator for Higher Education (OIA) runs an independent scheme to review student complaints. The University of Derby is a member of this scheme. If you are unhappy with the outcome you may be able to ask the OIA to review your case. You can find more information about making a complaint to the OIA, what it can and can’t look at and what it can do to put things right if something has gone wrong via: https://www.oiahe.org.uk/students

11.2  You normally need to have completed the Fitness to Participate in University Life (FITPUL) procedure before you complain to the OIA.  We will send you a letter called a “Completion of Procedures Letter” when you have reached the end of our processes and there are no further steps you can take internally. If your FITPUL appeal is not upheld, we will issue you with a Completion of Procedures Letter automatically. If your FITPUL appeal is upheld or partly upheld you can ask for a Completion of Procedures Letter if you want one. You can find more information about Completion of Procedures Letters and when you should expect to receive one via: https://www.oiahe.org.uk/providers/completion-of-procedures-letters

Appendices

The following documents are available from Student Services:

Appendix 1 - FITPUL Concern Form

Appendix 2 - FITPUL Action Plan Template