1. Purpose/Abstract
It is the aim of the University to provide a coordinated, inclusive and supportive response when;
- a student’s health, wellbeing or behaviour is impacting on their ability to engage with the requirements, regulations and responsibilities of university life as a whole.
- a student’s health, wellbeing or behaviour is impacting on their ability to progress academically.
- when the university has concerns about the impact of a student’s behaviour on the safety, wellbeing or experience of themselves or others.
The policy aims to:
- Support students to remain on and succeed in their course wherever possible.
- Empower students to take personal responsibility and an active part in the management of their health and wellbeing.
- Promote collaboration between students, staff and third parties to ensure a coordinated and consistent response.
- Ensure the best interests of the student are always considered in relation to their personal situation. Decisions taken against the student’s wishes will be made with transparency and openness.
- Enable the University to protect the health and wellbeing of the University community and its members as a whole.
2. Scope
2.1 This policy 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. This policy can also be applied to applicants who have accepted an offer to study at the University of Derby.
2.2 The University of Derby 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 practice during the course and upon registration. The University may though utilise the Support to Participate in University Life Policy to ensure all appropriate supports are available to a student to ensure full participation in their course and to engage with professional body requirements.
2.3 This policy is complimentary to, but does not replace, the student conduct regulations and procedures, Professional Conduct and Professional Suitability (PCPS), or the student code of conduct.
2.4 Sometimes, issues are raised that do not fall neatly into the category of just one University policy. Where this is the case, the University will be flexible in its approach of application of policy on a case-by-case basis. The Director of Student and Academic Services will jointly determine with other relevant Heads of Services whether it’s better to use one process after the other (and in what order), to run them at the same time, or to apply the processes more flexibly. It will be explained to all relevant parties how the matters will be investigated, who will coordinate the process, and who will issue the final decision.
3. Definitions
The term "student" will be used to describe any student registered with UOD on a module, programme or course of study.
The term "supporter" will be used to describe a friend or family member who is present at meetings to support the student. They will not actively participate in the meeting and will not engage in any professional capacity within the meeting.
The term "health" will be used to describe both physical, mental and emotional health.
4. Responsibilities
It is expected that all students enroll onto a module, programme or course of study at the University of Derby take responsibility for and actively manage their own wellbeing and to take active steps to engage with all available support in order to protect their individual health and wellbeing.
All university staff are responsible for:
a) being aware of and ensuring they understand the University of Derby’s Support to Participate in University Life Policy.
b) having open and honest conversations about what support a student might benefit from and engaging students in support services at the earliest opportunity to address unmet needs.
c) referring students to the Student Services for consideration of which level of the policy is appropriate.
5. Policy Statement
The University is committed to supporting student wellbeing and recognises that a positive approach to the management of health and wellbeing is critical to student learning, academic achievement and to the wider student experience.
5.1 When the policy is instigated
The University also recognises that there may be instances where a student’s health, wellbeing or behaviour is potentially impacting their ability to engage fully with all or specific aspects of university life, for example the student’s capacity to engage with their studies and/or to function more widely as a member of the university community. Such instances may arise where, for example, the university is concerned that:
- a student poses a risk to their own health, safety and/or wellbeing and/ or that of others;
- a student’s behaviour is (or is at risk of) adversely affecting the teaching, learning and/or experience of other students;
- a student’s behaviour is (or is at risk of) adversely affecting the day-to-day activities of the University or a placement provider;
- a student’s support needs fall outside the scope of the support and other services which the University can reasonably be expected to provide either directly or indirectly.
- The University may be made aware of external support measures that could reasonably impact upon the student’s ability to participate in university life such as inpatient treatment or other medical interventions.
The identified concern(s) may relate to the presence of a diagnosed illness or disability but this procedure may also be used when there is no diagnosed illness or disability, or no notification/knowledge of such a diagnosis.
The university recognises that the student may have no current support in place or that existing support is not being engaged with effectively.
In exceptional circumstances, if concerns are raised about an applicant’s health, wellbeing or behaviour this policy can be implemented and may result in deferred entry for applicants or withdrawal of offer see admissions policy.
5.2 How the policy is initiated
The University recognises that concerns may be raised by a variety of individuals, for example University staff, other students, and third parties (such as health professionals or placement providers). This policy seeks to promote early intervention, active collaboration between staff, students and third parties, and consistency of approach.
Referrals to this policy can be raised by completing the referral form (Appendix 1) Student Services can also be contacted for an initial discussion ahead of any action(s) by email to studentservices@derby.ac.uk . Referrals can also be made as an outcome of the University of Derby Safeguarding Policy, Disciplinary Procedure or other university procedures. Likewise, this policy may refer students to the Safeguarding Procedure, discipline and conduct or PCPS which can run alongside this policy.
Student Services may also instigate this policy 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.
Initiation of this policy does not, and must not, by itself be taken to be a justification for not proceeding with the programme of study (e.g. as to submission and marking of work) from either the student or the College’s point of view.
5.3 - The Levels
The levels are designed to respond to different and changing degrees of concern or need, and/or the perceived seriousness of a situation. The policy can be entered at any level but in most cases the exploratory level should be considered before escalation to Panel Meeting. Some student cases may stay at the same level or move between levels.
Exploratory Level
5.3.1 The first and informal level of this procedure will take the form of an exploratory meeting between a member of Student Services staff, and a member of the student’s academic team (with the option to include other staff if required) and the student. For an apprenticeship student, this discussion may include the employer.
5.3.2 The initial exploratory meeting will be arranged with the student and academic (and employer if on an apprenticeship programme) by a member of Student Services in a timely manner and should not be unreasonably delayed.
5.3.3 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. Exploratory meetings will be carried out face to face unless there is a need to make alternative arrangements or provide reasonable adjustments. For online/distance learners, arrangements will be made to conduct the meeting via Microsoft Team's, to give the student the opportunity to participate.
5.3.4 The student is permitted to bring one additional person, a supporter, to the meeting for support, which could be a parent/guardian, colleague, friend, Union of Student Representative, or employer-designated support. The supporter cannot normally be a legal representative. The supporter is present to offer support to the student, and with the students consent they are able to participate to advocate and support the student. The University reserves the right to terminate the meeting if the supporter is not acting in the spirit of the policy or the role of a supporter.
5.3.5 Students studying on an apprenticeship programme are not required to be accompanied by their employer but will be given the choice.
5.3.6 Where the student is aged under 18, the student’s parent/guardian shall be informed with the student’s consent (if appropriate), and the student’s parent/guardian may also attend the meeting.
5.3.7 The exploratory level provides the student with the opportunity to highlight to staff any areas of concern where circumstances are having an adverse impact on their studies, or their engagement with university life, or where their situation is adversely affecting the health, safety, wellbeing, experience or academic progress of others. An exploratory meeting will result in an agreed plan of support to enable engagement with their studies and/or with university life and enable them to manage their own behaviour and personal circumstances to the best of their ability. The plan of support may include the following:
- seek new or additional help from Student Services, their GP or another external service;
- seek advice on matters of concern;
- reflect on conduct;
- submit a request for additional consideration application;
- complete required assessments;
- attend classes;
- a referral to the next level of the procedure
Following the exploratory meeting a letter will be sent to the student, academic team and Student Services staff to record the goals and the actions that each party commits to in the meeting. The letter should clearly allocate any tasks for the student and set an equally clear timetable.
5.3.8 As part of the exploratory meeting and next steps, a review meeting may be scheduled and, in the meeting follow up letter, details of if and how contact should be maintained until the review meeting. The Review meeting should include:
- Review of how the student has been since the first meeting and if recommended actions have been completed.
- Explanation/exploration of any further concerns arising.
- Exploration of further/ongoing support required.
- Agreement regarding whether further action is necessary. If the concern has been resolved no further action may be necessary and the exploratory level will be closed. If concerns continue or have increased, new goals and / or actions should be agreed within clearly specified timescales and/or consideration given regarding escalation to Panel level
5.3.9 If the exploratory intervention is unsuccessful because the student has not attended a meeting, or otherwise failed to engage in the procedure, or the case is judged too serious to be addressed exploratory level a Panel meeting may be invoked.
5.4 Panel Meeting – Fitness to participate in university life
5.4.1 The Panel Meeting is the formal level of the process and will be initiated if;
- intervention at the informal exploratory level has not resolved the concern, which may include circumstances in which the student is not complying with the requirements contained in the outcome letter.
- at a previous level exploratory 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).
- referral may be directly to the formal Panel Meeting 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
- 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 exploratory level.
5.4.2 The purpose of the Panel meeting is to discuss the circumstances of the original concerns, including the student’s response to these concerns and to reach an appropriate decision, action plan or other outcome. 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 5 working days in advance of the meeting which will be placed into an evidence pack and shared with all members of the panel and the student, 5 working days’ in advance of the meeting. If, following the meeting, the Panel obtains any further documentation not previously shared with the student, this will be shared with the student immediately.
5.4.3 As part of the Panel meeting the student will be asked to liaise with their primary healthcare provider and/or other external agency(ies) involved in the student’s support in order to assess their fitness to participate in university life. Such external agencies include, but are not limited to, GP, Social Services, other medical practitioner(s). The University will ask that a report is prepared which outlines fitness to participate in university life and suggestions of support needed to continue participation.
5.4.4 The Panel will usually include:
- Head of Student Services or nominated deputy (Chair)
- The Dean or nominee of the relevant College and relevant academics from the 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)
- Union of Student representation.
Other members of staff and / or external agencies may be called on to provide supporting information within the meeting. The Chair of the Panel may also request a relevant expert(s) (e.g. doctor or other qualified professional relevant to the concerns raised) to attend the meeting to provide evidence.
5.4.5 The student is permitted to bring one additional person, a supporter, to the meeting for support, which could be a parent/guardian, colleague, friend, Union of Student Representative, or employer-designated support. The supporter cannot normally be a legal representative. The supporter is present to offer support to the student, and with the students consent they are able to participate to advocate and support the student.
5.4.6 Students studying on an apprenticeship programme are not required to be accompanied by their employer but will be given the choice.
5.4.7 Where the student is aged under 18, the student’s parent/guardian shall be informed with the student’s consent (if appropriate), and the student’s parent/guardian may also attend the meeting.
5.4.8 After discussion of the case, the Panel may decide that:
- no further action is necessary
- it is necessary to agree a further package of support
- it is necessary to maintain or revise a previous plan of support
- with or without the student’s consent, it is necessary and appropriate to agree an interruption from the programme (authorised break of study) – Programme Leader approval will be sought
- with or without the student’s consent, it is necessary and appropriate to suspend the student’s studies
- with or without the student’s consent, it is necessary to terminate the student’s studies at the University
- it is necessary to make a referral to other University procedures, as appropriate, for example the Regulations Governing Discipline or Code of Conduct
- other actions intended to support the student to successful completion of their studies.
5.4.9 If the student remains on a course of study a review meeting may also be agreed between the Panel and the student and should include:
- Review of how the student has been since the first meeting and if agreed actions have been undertaken
- Explanation/exploration of any further concerns arising
- Consideration of new or ongoing relevant mitigating evidence
- Exploration of further/ongoing support or adjustments that may be necessary
- Agreement regarding whether a further action plan is necessary. If the concern has been resolved no further action will be necessary. If concerns continue or have increased, additional actions and supports may be put in place for further review at Panel level.
5.4.10 The Chair of the Panel will ensure that there is a written record of the meeting, and any determined actions and this will be outlined in the outcomes letter which will be issued within 5 working days of the meeting. The outcomes letter will include the specification of appropriate actions, including desirable behaviour or specific expectations, support mechanisms together with dates for a review meeting. The outcomes letter where appropriate, may also detail the consequences of non-engagement by the student. The outcomes letter may also include a request for the student to provide medical evidence to help determine appropriate support.
5.5.11 Where it has been agreed to terminate a student’s studies at the University or impose an interruption of studies (leave of absence), this will be recorded on the student’s central record.
5.5.12 Student engagement and voice in the policy is vital. In exceptional circumstances the Panel meeting may proceed, where the student does not attend or engage in the process. The meeting will consider the case even where the student has not provided requested evidence. The meeting may also proceed if a witness or other invited attendee is unable to attend.
5.6 Precautionary measures
A temporary suspension from programme and/or halls of residence 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 Support to Participate in University Life Policy, including the Risk Assessment (appendix 1) but may also be conducted by external statutory services.
Whenever possible, the issues of concern should be discussed with the student and their agreement to withdraw/take an authorised break from study and/or halls of residence should be sought, if appropriate. When such agreement is not forthcoming, the university Multi Agency Support Group (MASG) may make a decision to suspend the student without their agreement. This decision will be made alongside the Risk Assessment (appendix 3) and is based on what is in the best interest of the student and the management of any risk to others. The MASG may determine that a temporary suspension is limited to specified areas, activities and facilities of the University.
Temporary suspension from study would always be by the Head of Student Services (MASG Deputy Chair) 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). Student Services will coordinate the communication of the suspension.
A temporary suspension will be in place until the student can attend an exploratory or Panel Meeting, or the temporary suspension is the outcome of an exploratory or Panel meeting.
Whenever possible, the student should be informed of the temporary suspension decision verbally by the most appropriate person, usually Student Services staff with assistance from DSRL if the temporary suspension includes Halls of Residence. Any decisions will be carefully communicated to ensure no further distress to students. 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 (appendix 4) setting out the reasons for the suspension/withdrawal within 3 working days of the event.
A copy of the form will be sent to with the Student Policy and Regulations Manager, and appropriate other University teams such as security, halls of residence, library and any others as appropriate.
The decision to suspend will be reviewed by the Director of Student and Academic Services or nominee within 10 working days of the decision. The student has the right to make written representation to the Director of Student and Academic Services 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.
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
The outcome of the temporary suspension review will be confirmed to the student in writing.
In the event that a temporary suspension includes halls of residence the student should be reimbursed for the period that they are unable to live in halls.
5.7 Returning to study
If the outcome of a Panel meeting is a period of suspension/ interruption of studies (authorised break of study), a return to study review will normally be initiated within a 4-week period of the expected return to study.
Medical evidence may be gathered prior to the meeting. Medical evidence may be requested using the University Medical Evidence Request form (Appendix 2). The purpose of the meeting would be to:
- Provide the student with the opportunity to highlight to staff any areas of concern where circumstances are having/had an adverse impact on their studies, or their engagement with university life, or where their situation is adversely affecting the health, safety, wellbeing, experience or academic progress of others
- Assess the student’s current health and wellbeing.
- Identify support requirements
- Discuss previous concerns and identify strategies to prevent their reoccurrence.
When determining appropriateness to return to study, 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 practitioners.
All issues and outcomes discussed in the meeting should be outlined in the return to study meeting outcome letter which will be provided no later than 5 working days after the meeting. Students who wish to return to study will only be able to do so if the University is satisfied that they are fit to do so and able to meet any expectations and requirements imposed on their return and that actions and supports are adhered to and engaged with.
If the student is not deemed fit to return to study at that time, they can request a review for the next academic semester.
5.8 Medical Evidence
If concerns are raised about a student’s health, wellbeing or behaviour, the student is encouraged to co-operate with any reasonable request to provide medical or other evidence. A student may however decline to co-operate with that request but should be aware that if they do not provide evidence as requested, the University may nevertheless reach a decision on the case. The decision will be based on the available evidence.
The University will respect medical and other evidence provided by the student, but it is for the University and ultimately the meeting chair to determine the weight to be given to any evidence presented. If, for example, a medical certificate states that a student is fit to participate in university life, it is nevertheless for the University and ultimately the chair to determine the weight to be given to the medical evidence in considering all of the evidence in the case.
It is expected that no cost will be incurred in providing additional evidence. Where, in exceptional circumstances, costs are incurred in sourcing medical or other evidence, these shall be met by the student, unless otherwise agreed in writing, in advance, by the University.
5.9 Right to appeal a decision made by Panel
Students have the right to request an appeal to the decisions made Panel level of this policy. 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
The appeal must be submitted in writing within 10 working days of communicating the outcome of the Panel meeting, explaining the reasons for the appeal. 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 Director of Student and Academic 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.
The Appeal Panel and the student will be given the written material presented to the Panel 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.
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 5 working days in advance of the meeting which will be placed into an evidence pack and shared with all members of the panel and the student, 5 working days’ in advance of the meeting.
The student is entitled to attend a meeting with the Appeal Panel to state their case, and to be accompanied in such a meeting by a supporter including 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.
The outcome of the review will be to;
- Confirm the original decision
- Annul the original decision
- Amend the original decision
The Appeal 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 5 working days days.
5.10 Office of the Independent Adjudicator for Higher Education (OIA)
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
You normally need to have completed the Support to Participate in University Life 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 appeal is not upheld, we will issue you with a Completion of Procedures Letter automatically. If your 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
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