• Section 1 - Purpose and Scope
• Purpose
• Scope
• Section 2 - Key Controls
• Section 3 - Process and Key Requirements
• Identifying and Reporting Fitness to Study Concerns
• Investigating Fitness to Study Concerns
• Interim Suspension
• Fitness to Study Categories
• Fitness to Study and Misconduct
• Decision-Makers in Relation to Fitness to Study Concerns
• Outcomes
• Level 0 Outcomes
• Level 1 Outcomes
• Level 2 Outcomes
• Level 3 outcomes
• Appeals
• Records
• Disclosure and Professional Registration
• Student disclosure
• University disclosure to placement organisations
• Professional regulatory bodies
• Inherent requirements
• Section 4 - Roles, Responsibilities and Accountabilities
• Section 5 - Monitoring, Review and Assuranc
• Section 6 - Recording and Reporting
• Section 7 - Appendix
• Definitions, Terms, Acronyms

Section 1 - Purpose and Scope

Purpose

(1) This Procedure:

1. enacts the Supporting Students’ Fitness to Study Policy and outlines the process for managing fitness to study concerns.
2. considers safeguarding students and their rights, the safety of staff, and the right of the University to conduct its business in a way that is fair and safe for everyone
3. complies with the Staff Code of Conduct Policy and Student Code of Conduct Policy and adheres to our psychosocial risk management practices;
4. aims to facilitate the early identification and supportive management of fitness to study concerns; and
5. provides a framework for managing and responding to those concerns

Scope

(2) This Procedure applies to all students enrolled in University of Queensland coursework programs and courses, and higher degree by research (HDR) programs.

(3) Before enacting this Procedure, decision makers must consider whether a concern can be managed through the application of reasonable adjustments in accordance with the Reasonable Adjustments – Students Policy and Procedure.

(4) Academic performance will be determined using the Academic Progression Procedure, the Higher Degree by Research Candidature Progression Policy and Procedure and relevant program requirements.

(5) Matters related to misconduct are handled in accordance with the Student Integrity and Misconduct Policy.

Section 2 - Key Controls

(6) Where the University initiates action under this Procedure and a student’s fitness to study is being considered, the following principles apply:

1. The process followed must be consistent with the requirements of procedural fairness,
2. Interactions between members of the University and the wider community should be mutually respectful,
3. The safety of students, staff and others will be of paramount importance,
4. Outcomes arising from the application of this Procedure must be appropriate, proportionate, transparent and informed by evidence,
5. Wherever reasonable and practicable, actions taken under this Procedure will have an emphasis on remediation and support and will consider other relevant policies and procedures, and
6. Confidentiality must be maintained by all parties within the constraints of the need to investigate and hear a concern, subject to any legal requirements for disclosure and in accordance with other University policies, procedures and guidelines.

(7) Where a student attends a meeting(s) in relation to a fitness to study concern, the student is entitled to be accompanied by a support person. The role played by the support person is as a neutral witness to the discussion, unless an Authority to Act is in place.

(8) In accordance with the requirements of procedural fairness, students have the right to:

1. have a concern relating to their fitness to study dealt with promptly and in a trauma-informed manner,
2. receive a copy of, or an opportunity to inspect, all relevant information held by the decision-maker,
3. be given an opportunity to appear before the decision-maker to discuss the concern, and
4. appeal the outcome determined by the decision-maker to a designated person or body who is not the decision-maker.

1. Staff involved in fitness to study processes must disclose actual, perceived or potential conflicts of interest (whether personal, financial or otherwise) as soon as they become aware of them, as outlined in the Conflict of Interest Policy and Procedure.

(9) Staff involved in fitness to study processes must disclose actual, perceived or potential conflicts of interest (whether personal, financial or otherwise) as soon as they become aware of them, as outlined in the Conflict of Interest Policy and Procedure.

(10) For all matters, more than one staff member will be involved in determining the appropriate actions, and for outcomes that are considered most significant, decisions will be made by the Fitness to Study Review Committee.

Section 3 - Process and Key Requirements

Identifying and Reporting Fitness to Study Concerns

(11) It is not intended that the Supporting Students’ Fitness to Study Policy and Procedure will be invoked where minor breaches are managed throughout a student’s program of study. However, multiple minor breaches may be considered as a fitness to study matter.

(12) Internal and external stakeholders, including students, are encouraged to report the concern via email to the relevant School, or directly to the University via UQ Complaints and Appeals.

(13) A reported concern about a student’s fitness to study does not mean that actions under this Procedure must be taken.

Investigating Fitness to Study Concerns

(14) The University will promptly initiate a preliminary investigation of a concern.

(15) An independent member of staff will be nominated by the relevant Level 1 or Level 2 decision-maker as the investigating officer to investigate the concern(s) (e.g. course coordinator, placement manager/coordinator), as locally appropriate.

(16) The Investigating Officer will review the concern(s) and assess the issue considering any reasonable adjustments that may be in place for the student. This may include obtaining information relating to the alleged concern(s), (e.g. data, documents or reports from the placement organisation or supervisor, or advice from Student Support and Wellbeing).

(17) If the evidence indicates there is not a fitness to study concern, then no further action will be taken, and the matter will not be recorded.

(18) If the preliminary evidence indicates there may be a fitness to study concern, the student and the Head of School will be notified in writing by the Investigating Officer, where possible within two (2) business days. The advice will include:

1. details of the concern(s) raised about the student, and
2. any recommended conditions to be placed on the student during the period in which the concern(s) is being investigated.

(19) Details about the student notification processes will be published on the University website.

(20) The student is entitled to respond to the Investigating Officer in relation to the fitness to study concern, in writing and/or via a face-to-face meeting.

(21) After considering the evidence, the Investigating Officer will determine if there is sufficient information to categorise the fitness to study concern(s) in accordance with the Fitness to Study Categories Section, and will either:

1. determine the level of concern and refer it to the relevant decision-maker; or
2. find that no further action is justified, and will notify the student and relevant staff accordingly.

Interim Suspension

(22) An interim suspension direction may be imposed with immediate effect on a student in circumstances where sufficient concern has arisen that there is a substantial risk of:

1. harm to any person, including the student
2. serious damage to property, UQ’s information assets or information technology resources
3. serious disruption of a university activity
4. serious detriment to the interests or reputation of UQ, or
5. a notice is received from a placement organisation of their intention to withdraw a placement as per the relevant Student Placement Agreement or Deed.

(23) A student may be suspended from all or part of:

1. any campus, site or University premises
2. any placement organisation site, and/or
3. the University’s computing and network facilities.

(24) The Head of School may suspend the student for a period of three business days while a preliminary investigation is undertaken.

(25) The student will be given written notice of the interim suspension, which will include details of the reason for the suspension, the scope, and the next steps in the process.

(26) Within the three business days, the Head of School will either:

1. determine that no further investigation is required, and the student can resume their studies
2. decide that the student can resume their activities (and in the case of a placement, at the same or alternative placement organisation) while the fitness to study concern is investigated as per the Investigating Fitness to Study Concerns Section, or
3. refer the matter to the relevant Level 2 decision-maker for further consideration, in which case the suspension will continue, and the student notified.  The notification will provide the student with an opportunity to explain why the suspension ought not to be imposed.

(27) Upon receipt of the referral from the Head of School, within seven calendar days the Level 2 decision-maker may decide to issue a written direction to:

1. lift the suspension if satisfied that the risk has passed, or
2. suspend the student until the fitness to study process is concluded.

(28) The suspension notice will be provided to the student and include:

1. details of the suspension (including the scope of the suspension to the student’s enrolment and/or sites they can enter),
2. the reasons for the decision,
3. the date and time on which the student is required to meet with the Level 2 decision-maker, and
4. reference to the relevant provisions of the Supporting Students’ Fitness to Study Policy and this Procedure.

Fitness to Study Categories

(29) The University recognises that the circumstances giving rise to concern(s) about a student’s fitness to study will vary in both severity and duration, and that appropriate and proportionate responses are required to address the circumstances identified in each specific case.

(30) The categorisation of the concern will consider the setting where the concern was raised, the level of risk to the safety of those involved, and the type of issue in relation to the degree the student is completing. For example, a matter that may be considered a fitness to study concern occurring on a placement may not give rise to a concern if the same matter were to occur on a University campus.

(31) In determining the category of concern, the Investigating Officer will assess the concern(s) against the following criteria:

1. Type of issue:
   1. Actions that are not consistent with professional standards; and/or
   2. Disregard for, or the inability to meet, the requirements, regulations or standards of the University or conditions set by the placement provider in a student placement agreement; and/or
   3. An impairment or health condition that:
      
      • impacts adversely on a student’s capacity to demonstrate the capabilities, knowledge and skills to  achieve the learning outcomes of a course;
      • imposes the necessity for adjustments or facilities that cannot reasonably be provided; and
      • creates a reasonably apprehended risk of adverse consequences.
2. Impact, or potential impact, of the issue(s) including risk to the student and to others,
3. Frequency of the concern(s),
4. Level of experience of the student,
5. Inherent requirements of the program (if applicable), and
6. Likelihood of remediation.

(32) Where multiple concerns have been raised and these span more than one level, the concern will be managed in accordance with the highest level of concern.

(33) Failure by a student to comply with, or successfully complete, an outcome may result in referral to a higher-level concern.

(34) A matter cannot be categorised as a Level 3 concern the first time it is reported to the University. Level 3 concerns may only arise through a student failing to comply with, or successfully complete, the outcome of a Level 2 process.

(35) Each concern will be categorised as:

Fitness to Study and Misconduct

(36) If, when investigating a fitness to study concern, the Investigating Officer or decision-maker finds evidence of alleged misconduct (academic or general), but aside from that conduct issue the student’s fitness to study is not impaired, the concern will be investigated in accordance with the Student Integrity and Misconduct Policy and Procedure and the fitness to study process will be concluded.

(37) If, when investigating a fitness to study concern, the Investigating Officer or decision-maker determines that the conduct is both a breach of the Student Code of Conduct and a fitness to study issue, the matter will be investigated in accordance with the Student Integrity and Misconduct Policy and Procedure. In this case, the fitness to study concern will be documented in the allegations put to the student and included as a consideration during the misconduct process. Any Misconduct Body formulated to consider the matter will include a representative from the organisational unit associated with the fitness to study concern. No further actions with regards to the fitness to study concern will be taken following the misconduct proceedings.

Decision-Makers in Relation to Fitness to Study Concerns

(38) The decision-makers are:

1. Level 0 – the relevant Investigating Officer
2. Level 1 – the relevant Head of School
3. Level 2 – in consultation with the Academic Registrar
   1. the relevant Executive Dean (for coursework programs or courses), or
   2. the Dean, Graduate School (for HDR programs)
4. Level 3 – Fitness to Study Review Committee.

(39) To inform their decision-making process, decision-makers:

1. May seek further advice from others, either internal or external to the University;
2. May convene an expert reference group to advise them on the matter. This may include staff from the University and representatives from external agencies (e.g. placement organisations) as determined by the decision-maker;
3. May require that the student undertake a health assessment by an appropriately qualified independent health professional arranged by the University to report back to the decision-maker on specific concerns, for example:
    • Whether any reasonable adjustments may be required to facilitate the student's safe return to study;
    • Whether the student is fit to be undertaking study and/or placements at that time;
    • Whether the student has a condition or impairment that may preclude their ability to fulfil inherent requirements of the program.
4. Must seek advice from Student Support and Wellbeing where a concern relates to an impairment or health condition;
5. Must invite written feedback from, and/or meet with, the student about whom the concern has been raised; and
6. Should take all reasonable measures to ensure the matter is finalised as soon as practicable.

Outcomes

(40) In determining an appropriate outcome of a fitness to study concern, the decision maker should aim, where possible, to identify a solution that will support the student to remediate the issue and continue their program of study.

(41) Relevant factors the decision-maker may, at their discretion, consider in determining an appropriate outcome include, but are not limited to:

1. The nature and extent of the concern;
2. The risks posed by the student engaging in future study and/or placements;
3. The student’s likely ability and preparedness to respond positively to support and remediation;
4. Whether there is evidence of a deliberate and premeditated decision to engage in unprofessional conduct or behaviour;
5. The impact of the conduct or behaviour on others as well as the University;
6. Any remedial action the student has taken to mitigate their issues or prevent the concern in question from recurring, which demonstrates insight into the concern; and
7. Whether there are any mitigating circumstances.

(42) The student will be given written notice of the outcome(s) decided by the decision-maker that details the outcome(s), the reasons for the decision, the student’s right to appeal with applicable timeframes.

Level 0 Outcomes

(43) If the concern has been categorised as a Level 0 concern, the decision-maker will initiate a supportive sequence of activities as remediation. The activities may include, but are not limited to, one or more of the following:

1. Dismiss the concern and take no further action;
2. Advising the student appropriately;
3. Participating in advised learning activities;
4. Providing a mentor;
5. Attending support meetings;
6. Seeking support from UQ Student Support and Wellbeing, such as engaging with UQ Disability, Diversity and Inclusion Services and/or attending workshops.

(44) Failure by a student to comply with, or successfully complete, a Level 0 outcome may result in referral to a higher level concern.

Level 1 Outcomes

(45) Level 1 decision-makers may determine an outcome including, but not limited to, one or more of the following:

1. Dismiss the concern and take no further action;
2. Issue a written warning;
3. Require the student to undertake and successfully complete remedial activities, which may include a range of educational activities such as attendance at workshops;
4. Refer the student to counselling or other relevant professional support;
5. Direct the student to take action or behave in a specified way that it considers necessary or appropriate;
6. Require the student to undertake an additional specified period of supervised placement;
7. Set an additional activity related to the fitness to study concern(s) to demonstrate competency;
8. Refer the matter for consideration as a Level 2 concern.

(46) If the Level 1 decision-maker forms the view that the student’s situation is such that an interruption of studies is recommended, the concern will be referred to the Level 2 decision-maker for a decision on the outcome.

(47) Failure by a student to comply with, or successfully complete, a Level 1 outcome may result in referral as a Level 2 concern.

Level 2 Outcomes

(48) Level 2 decision-makers may determine an outcome including, but not limited to, one or more of the following:

1. Refer the matter to the School to deal with as a Level 1 concern;
2. Refuse further enrolment in a course or placement activity until any condition(s) imposed is met;
3. A period of interruption not exceeding 12 months may be imposed. Re-enrolment will only be considered based on the recommendation of a medical certificate/report that states the student is capable of resuming their studies. This outcome can only be imposed following consideration of advice from Student Support and Wellbeing, and only where there is evidence to indicate the period of interruption is required to remediate the concern.

(49) In addition to the outcomes listed in clause 48, the student may be encouraged to consider any exit pathways available.

(50) Failure by a student to comply with a Level 2 outcome may result in referral as a Level 3 concern.

Level 3 outcomes

(51) If the level 2 decision-maker determines that the student’s situation is such that a lengthy interruption exceeding 12 months will be required to rehabilitate their situation, or if their situation is such that remediation is either unlikely or impracticable, the concern will be referred to the Fitness to Study Review Committee for a hearing and a decision on the outcome.

(52) The recommendation to the Fitness to Study Review Committee will contain all investigation material and a justification for why a lengthy interruption is required, or why remediation is unlikely or impracticable.

(53) As an outcome of the hearing, the Fitness to Study Review Committee may decide to suspend the student’s enrolment in the program for up to 2 years and may set conditions on any future re-enrolment in the program.

(54) A student can only be found to be unfit to study by the Fitness to Study Review Committee and be withdrawn from their program, if the University is able to demonstrate that a reasonable adjustment to support the student cannot be accommodated, or where remediation is unlikely or impracticable.

Appeals

(55) A student may appeal an outcome within 28 calendar days of being given notice of the outcome. An extension to this timeframe may be approved by the Academic Registrar.

(56) An appeal application must clearly state the outcome being appealed and the grounds for appeal.

(57) Grounds for appeal must include one or both of the following:

1. Procedural error during the decision-making process which may take the form of:
   1. Evidence of failure to adhere to the Supporting Students’ Fitness to Study Policy and Procedure;
   2. Evidence of improper, irregular, or negligent conduct by persons involved in the decision-making;
   3. Evidence of discrimination, prejudice, or bias against a student in the decision-making; or
   4. Evidence that the original decision-maker has not considered all the material relevant to the matter;
2. New information, relevant to the outcome, that was not available at the time the original decision was made.

(58) A student must attach all relevant supporting appeal documentation at the time of lodging the appeal application.

(59) An appeal arising from a Level 1 concern will be reviewed and decided by the relevant Level 2 decision-maker.

(60) An appeal arising from a Level 2 concern will be reviewed and decided by the Fitness to Study Review Committee.

(61) An appeal arising from a Fitness to Study Review Committee decision will be reviewed and decided by the Student Academic Administrative Appeals Committee (SAAAC).

Records

(62) Minor breaches that are managed as part of a normal placement and developmental interventions will be recorded by the relevant School.

(63) All outcomes imposed in respect of a finding of Level 1, 2 and Level 3 fitness to study concerns will be recorded in the University’s complaints management system.

(64) For clarity, fitness to study concerns dealt with under this policy, except for matters managed in accordance with the Fitness to Study and Misconduct Section, are not considered misconduct and do not form part of the student’s disciplinary record.

(65) Storage and access to records related to fitness to study concerns are managed in accordance with the Privacy Management Policy.

Disclosure and Professional Registration

Student disclosure

(66) The University requires all students enrolled in programs or courses that include placement activities to disclose to the University any risks to their own health and wellbeing and/or risks they may pose to others in undertaking placements.

(67) When a disclosure is made, necessary and reasonable adjustments will be made (wherever possible) by the University to accommodate students undertaking placements in accordance with the Reasonable Adjustments – Student Policy.

University disclosure to placement organisations

(68) The University may disclose relevant personal information about a student to placement organisations to enable the placement organisation to support the student adequately whilst on placement, for example, information about required adjustments during a previous placement.

(69) When determining if a disclosure will be made, the School will consult with the relevant Associate Dean (Academic).

(70) The University may also have an obligation to disclose relevant personal information about a student to a placement organisation under the provisions of a Student Placement Agreement or Deed with the placement organisation.

(71) Where a disclosure is made by the University to a placement organisation, the student will be informed.

Professional regulatory bodies

(72) Some students are registered with professional regulatory bodies (for example, Australian Health Practitioner Regulation Agency (AHPRA)). Education providers and students may have specified mandatory reporting responsibilities in relation to student conduct, performance and health.

(73) The University is responsible for setting processes in place for making mandatory and voluntary notifications where appropriate and adherence to relevant external regulatory responsibilities. Where the University makes a notification, the student will be informed.

(74) In all circumstances, where a student is required to disclose a matter to a regulatory body, they must also report the information to the University.

Inherent requirements

(75) The Associate Dean (Academic) is responsible for establishing processes for setting inherent requirements for a program or course as required. When determining the inherent requirements of a program or course, the following criteria shall be taken into consideration:

1. Learning outcomes of the program or course;
2. Learning and assessment requirements;
3. Placement requirements;
4. Accreditation requirements; and
5. Standards expected by a student’s intended profession.

Section 4 - Roles, Responsibilities and Accountabilities

Section 5 - Monitoring, Review and Assuranc

(76) The Academic Registrar will ensure the ongoing suitability and relevance of this Procedure and review them as required.

(77) Monitoring of the administration and management of fitness to study concerns, and implementation of this Procedure, will be performed by the Executive Deans, the Dean, Graduate School and the Heads of Schools.

(78) Monitoring the suitability of inherent requirements will be integrated within the University’s academic program review process.

(79) The Academic Registrar will regularly review matters that have been considered under the Procedure for consistency and fairness.

Section 6 - Recording and Reporting

(80) Details of programs and courses, including inherent requirements, are recorded in the University’s Program and Course Catalogues.

(81) Records concerning a student’s fitness to study, including any University decisions, are managed in accordance with the Information Management Policy and supporting procedures.

Section 7 - Appendix

Definitions, Terms, Acronyms