The University of Sheffield
Complaints and Appeals Procedures

Fitness to Practise

Notes on the procedure of Committees concerned with students’ fitness to practise

The Programmes specified for the purposes of the Fitness to Practise Regulations are listed at the end of these notes.

1. Membership and attendance at the Committees

The consideration of matters relating to fitness to practise is a reserved area. Student members of Faculty Boards, Senate and Council are not eligible, therefore, to be members of Fitness to Practise committees or Appeals Committees, although the student being reviewed may invite a friend or adviser (who may also be a student) to attend the meeting (see note 1 below).

Faculty Fitness to Practise Committees shall consist of three persons (as specified in Regulation 8), one of them acting as Chairman. A Secretary to the Committee (and an assistant where appropriate) shall be appointed. The Appeals Committee (as specified in Regulation 14) shall comprise a Chairman and two other members (normally including a member of staff of the appropriate Faculty registered with the relevant professional regulatory body), one of whom may be a member of academic staff from another University or other relevant institution or body.

Where practicable, persons who have already been involved in the investigation of the student´s fitness to practise, should not be members of the Fitness to Practise or Appeals Committee. A representative of the student´s department(s) will normally be present at the Faculty Fitness to Practise Committee and at any Appeals Committee, and a representative of the Fitness to Practise Committee (normally the Chairman) will also be present at any Appeals Committee. These representatives will leave the meeting after all evidence has been given, before a decision is reached by the Committee.

2. Procedure when Faculty Fitness to Practise Committees consider reports of concerns about students´ fitness to practise from departments

a) When a student has been referred to the Faculty Fitness to Practise Committee, the student must first be given notice in writing of:-

  1. the report of the concerns;
  2. the right to attend the Faculty Fitness to Practise Committee and to bring a friend or adviser and witnesses and to submit documentation;
  3. the right to put the case forward in a letter to the Committee;
  4. the procedure to be adopted. (The student shall receive a copy of these notes.)

b) The student will be asked to state, in advance of the hearing, an intention to adopt one of the following courses of action:-

  1. to attend in person with or without a friend or adviser;
  2. to make a submission by letter;
  3. to withdraw from the University;
  4. to have the case considered without taking any of the courses of action (i)-(iii) above.

c) The student must be informed, in writing, of the date, time and place when the case will be considered by the Committee. If the student wishes to bring a friend or adviser, or call witnesses, the names of the witnesses, the status of the friend or adviser and an indication of whether that friend or adviser is legally qualified, should be provided in writing not later than three days before the date fixed for the hearing. Papers presented to the hearing should be submitted to the Secretary at least three days before the hearing.

3. Committee procedure when the student wishes to appear in person

a) The date arranged for the hearing must give the student reasonable time to prepare the case (normally 14 days). The student may ask for an adjournment which may be granted or refused at the discretion of the Committee. They will also be reminded that personal data may be shared, as appropriate, with relevant professional bodies, higher education institutions and other organisations.

b) The student must be informed by the Secretary of the membership of the Committee before the hearing. If the student objects to a member, the reasons for that objection should be provided in writing to the Secretary and the Chairman will determine whether the member objected to should be excluded from consideration of the case. If the student objects to the Chairman, the Secretary should be informed in writing and the members shall determine whether the student´s objection should be upheld.

c) At the start of the hearing the Chairman will summarise the procedure to be adopted and give the student an opportunity to:-

  1. raise any procedural questions;
  2. request an adjournment, which may be granted or refused at the discretion of the Committee.

d) The following order of proceedings will be observed:-

  1. a representative of the department will summarise the grounds for concern and any other facts relevant to the case, in the presence of the student and the student’s adviser, if attending. The departmental representative may also call witnesses and be attended by a professional adviser. The departmental representative (and any adviser) and witnesses may be questioned by the student, by the student’s adviser and by members of the Committee.
  2. the student and/or adviser may make a statement.
  3. the student and/or adviser may draw any further information to the attention of the Committee and may call witnesses; any person giving evidence may be questioned by the Committee.
  4. the members of the Committee will then proceed in the absence of all other persons except the Secretary to take a decision on the course of action which is appropriate. The student will not be present while the Committee makes its decision.
  5. no fresh matters will be discussed after the student has left the room.

4. Committee procedure when the student indicates a wish to make a submission by letter

On receipt of the student´s written submission, all Heads of the Departments concerned will be sent a copy and be invited to comment in writing, to attend or to send a representative as appropriate. The Head of Department or representative who attends will be asked to leave the meeting before the Committee takes its decision.

5. Procedure when an appeal is made to the Appeals Committee of the Senate

a) As soon as possible after a decision has been reached by the Faculty Fitness to Practise Committee the student must be given notice in writing of the right of appeal to the Appeals Committee of the Senate; this right must be exercised within 14 days of the letter of notification, by sending to the Secretary of the Appeals Committee of the Senate a written notification, specifying which of the grounds listed under Regulation 14 is relied upon.

b) The student wishing to appeal will be asked to state, in advance of the hearing, whether he or she wishes to put the case forward in a letter to the Appeals Committee of the Senate, or to appear before the Committee in person and to bring a friend or adviser and witness. If a student gives notice of their wish to appeal, any decision of the Faculty Fitness to Practise Committee, other than one to permit the student to continue the course unconditionally, will not take effect, until a decision on the appeal has been taken, unless the student has been suspended under Regulation 5.

c) The Secretary shall notify the student in writing of the decision of the Appeals Committee of the Senate.

d) Publication of Findings
A short anonymised statement may be published via appropriate means once action has been agreed by the Fitness to Practise Committee. The decision to issue a statement, and its form and content, is at the discretion of the University, and will take account of any prior publicity surrounding the case and the interests of the student concerned, the University community and members of the public.

Notes

1. These procedures do not affect the right of the University to take action in accordance with the Regulations as to the Discipline of Students.

2. The General Regulations relating to Fitness to Practise are specific to the following programmes of study:

Faculty of Medicine

Dentistry

Medicine

Nursing and Midwifery

Faculty of Science

Faculty of Social Sciences

January 2006
Updated November 2011