Fitness to Continue in Study

The safety of individuals is paramount and overrides the university’s obligation to confidentiality. If a staff member is very concerned about a student, they should contact the student support services¹  and / or emergency services immediately, irrespective of whether this is breaching students’ confidentiality or not. This approach is supported by and is consistent with the University’s Contact with Third Parties Policy.

Occasionally, the behaviour or actions of a student can put themselves or others in proximate danger. It is important that appropriate and timely actions are taken in response. In urgent / emergency situations steps may need to be taken before there is time to invoke the Fitness to Continue in Study Policy. The fact that the University may invoke other policies shall not prejudice its right to also invoke this policy and apply the procedures set out herein. 

REMEMBER: If there is an immediate concern for the safety of any person, this should be reported to the National Emergency Services on 999. DCU Emergency & Security should also be informed via the DCU Emergency Number: Tel. 01 700 5999. 

1.  Student Support & Development 

A student may be recommended in the case of an Emergency Situation or at any stage of these procedures to a relevant healthcare professional or service including but not limited to the DCU Student Health Service or the DCU Counselling & Personal Development Service. Any such referral will be made through the Dean of Students. The student shall be recommended under these procedures to attend such medical consultation and examination as required and shall cooperate with the health professional concerned in the provision of a medical report. Failure to attend or a failure, in the opinion of the health professional, to cooperate with any such Practitioner shall be deemed to be a failure to cooperate with the University’s procedures.

Where an emerging concern is raised about a student’s capacity to engage in their programme of study, a mutually acceptable solution should be sought at a local level and through informal means. Potentially a concern could be raised by email, by letter, by phone or in person. However, all details should be noted in writing using the Note of Concern Form and addressed to the Programme Chairperson / Research Convenor in the first instance.²

A concern may be raised under two different categories:

1. Health;
2. Behaviours. 

For minor concerns, informal discussions between the University and the student can be implemented through Level 1 Initial Response and Support at a Local Level (see Section 2.5). The aim is to resolve the emerging concerns locally, at School or programme level.

For more persistent or serious fitness to continue in study concerns or where there is potentially a more significant risk, formal procedures can be considered through Level 2 – Faculty Fitness to Continue in Study Committee (see Section 2.6) or Level 3 – University Fitness to Continue in Study Committee (see Section 2.7). 

All decision making should be made using an evidence-based approach.³ Effective decision-making is based on considering the best available evidence combined with critical thinking. When deliberating at any level, the following questions should be considered:

• What evidence is available?
• Where and how is evidence gathered?
• Is the evidence sufficient to reach a conclusion?
• Might the evidence be biased in a particular direction? If so, why?

2.  In the case of a student registered on Year 1 or Year 2 of a Taught Doctoral Programme, the Note of Concern should be addressed to the Programme Chairperson / Research Convenor. For students under direct supervision of a Supervisory Panel, the Note of Concern should be addressed either to the student’s Principal Supervisor(s) or, if the concern originates from the Supervisor(s), to the Head of School.

3. Ref: CIPD.org

The behaviour and actions of a student may be a cause of concern for the safety of the student and / or the safety of others, prompting consideration of the need to immediately suspend the student from the University pending further investigation and / or management of the situation. Where it appears, in the opinion of the Vice-President for Academic Affairs/Registrar, that there are such grounds for concerns, then they, having sought such advice as they deem appropriate, shall be entitled to suspend a student on the basis that the suspension is temporary and necessary to protect the University community on the basis that:

• On balance, the Vice-President for Academic Affairs/Registrar is of the view that the duty of care owed to others is overriding in the particular circumstances;
• Suspension may be communicated verbally and take effect as the Vice-President for Academic Affairs/Registrar deems appropriate and shall be confirmed in writing as soon as is practicable;
• Suspension shall not be regarded as an indication as to whether or not the grounds for concern are proven.Suspension may be limited to certain premises, or University activities or modules of studies;
• Every reasonable effort is made to continue to support the student’s academic studies so that, in so far as possible, the student is not disadvantaged academically;
• The period of time of the suspension may vary but it shall be for no longer than the time necessary for a matter to have been considered and decided upon under this Fitness to Continue in Study policy or for an appeal to have been heard and decided upon;
• This power shall be exercised with caution and with due regard to natural justice and fair procedures;
• Where the Vice-President for Academic Affairs / Registrar exercises the power of temporary suspension, he/she shall, as soon as practicable, notify the Head of School, Dean of Faculty and/or the Dean of Students and shall call a formal meeting of the University Fitness to Continue in Study Committee as soon as practicable from the date of the temporary suspension;
• In the case of a postgraduate research student, where the Vice-President for Academic Affairs / Registrar exercises the power of Temporary Suspension, they shall, as soon as practicable, notify the Head of School, Dean of Faculty and the Dean of Graduate Studies and shall call a formal meeting of the university’s Fitness to Continue in Study Committee as soon as is practicable from the date of the temporary suspension. If the postgraduate research student is in receipt of research funding, it will be necessary to discuss the temporary suspension of funding; and
• Temporary Suspension of this kind is not a disciplinary sanction and does not imply that any decision has been made about fitness to continue in study.

2.5.1 Level 1 Circumstances

Third party reports of concern are disclosed. The third party may be family members, classmates, flatmates, student support services staff, lecturers or other University staff, work, or research placement supervisors or even on occasions, members of the public. 

2.5.2 Level 1 Procedures

At Level 1, a student can continue in their studies until a case has been discussed and resolved in full.

When a Fitness to Continue in Study concern is raised about a student, a case file must be created and the Note of Concern Form compiled by the Programme Chairperson / Research Convenor. The Note of Concern should clearly indicate the reason for concern and any attempts made to address the situation and/or support provisions put in place. 

2.5.3 Convening Level 1 Meeting

The Programme Chairperson / Research Convenor will inform the student in writing that a concern has been raised and a meeting arranged to discuss the nature of the concern and to identify potential action or support. The meeting shall be convened normally within 5 working days of the concern being raised. A copy of the Note of Concern is to be attached to the written communication for the student’s information. In the written communication to the student, it should be indicated that:

• The student is strongly recommended to make themselves familiar with the Student Fitness to Continue in Study Policy and to attend the meeting in person. However, as per the Student Fitness to Continue in Study Policy, the meeting may proceed if they are unwilling or unavailable to attend;
• The student may bring a Support Officer if they require assistance due to a disability or ongoing medical treatment. The role of this individual is strictly limited to providing necessary personal support with respect to the student’s disability or ongoing medical treatment; they are not permitted to represent the student or participate in the meeting discussion;
• The student may bring a friend or a member of their family to provide them with support in a personal capacity. The role of this individual is strictly limited to providing necessary personal support; they are not permitted to represent the student or participate in the meeting discussion;
• The student must inform the Programme Chairperson / Research Convenor in writing at least 3 working days prior to the meeting if they plan to bring a friend, or a member of their family and / or a support officer appropriate to their needs with respect to a disability or ongoing medical treatment to the meeting; and
• The meeting will be conducted in a supportive manner, ensuring that all parties have sufficient opportunity to explore the issues raised. 

2.5.4 Level 1 Meeting Attendees

• Student;
• Programme Chairperson / Research Convenor;
• One senior member of staff from the School concerned or nominee of the Dean of Students, Student Support & Development; and
• Third-party(s) identified by student as support person(s) (see Section 2.5.3 above).

2.5.5 Level 1 Meeting Objectives 

The objectives of the Level 1 Meeting are to:

• Present the Note of Concern and supporting documentation;
• Hear the student’s perspective and response to the Note of Concern. This may include consideration of additional information;
• Discuss the concern and agree on an outcome;
• Agree on an action plan to resolve the concern;
• Agree who is responsible for oversight of the action plan with the student, e.g. Programme Chairperson / Research Convenor if required;
• Identify supports to be put in place for the student and actions to be taken by the student; and
• Agree a timeline for the action plan;

2.5.6 Level 1 Potential Outcomes

The Programme Chairperson / Research Convenor, in consultation with the member of staff present at the Level 1 meeting, shall consider one or more of the following outcomes:

• No ongoing Fitness to Continue in Study concerns exist. The Note of Concern shall be closed and no further action is necessary under this Policy;
• The development of an agreed action plan or recommendations with the student is required. The Note of Concern remains open until the concerns are addressed. Agree a time in the future to review the outcomes of the action plan with e.g. Programme Chairperson / Research Convenor;
• The matter is deemed persistent, serious, or involves increased risk which, after due consideration, requires escalation to a Level 2 Response, and convening the School’s / Faculty’s Fitness to Continue in Study Committee;

An initial response and action plan may include a recommendation that the student be provided with, and/or be encouraged to avail of support. 

Where a programme of support is put in place as part of an agreed action plan, it may include one or more of the following indicative but non-exhaustive support options:

• Appropriate academic advice (e.g. Module Coordinator, Academic Adviser, etc.); 
• Counselling and Personal Development;
• Student Health Service;
• Student Advice and Learning Support:
  • Student Adviser;
  • Academic Adviser;
  • Academic Coaching;
• DCU Chaplaincy;
• Submission of Extenuating Circumstances; 
• Postponement of Examinations/Assessments;
• Deferral of Academic Year; and
• Leave of Absence.

The outcome of the Fitness to Continue in Study Level 1 deliberations will be communicated in writing to the student. 

All case files including Notes of Concern and accompanying documentation should be retained in a safe, secure and accessible manner to ensure the security and confidentiality in accordance with the University’s Data Privacy Policy and as per the relevant Data Retention Policy.

If the student demonstrates no improvement and / or their Fitness to Continue in Study continues to be a cause for concern, the case may be escalated to Level 2 for further consideration. 

2.6.1 Level 2 Circumstances

A Level 2 procedure is intended for the following circumstances:

• Level 1 procedures have been implemented and the Programme Chairperson / Research Convenor in consultation with the member of staff present in the Level 1 meeting believes that the case requires further escalation.
• The Programme Chairperson / Research Convenor in consultation with the members of staff present in the Level 1 meeting are concerned that the agreed action plan is not being carried through; and
• There are persistent or serious Fitness to Continue in Study concerns expressed by staff in the University that warrant the escalation straight to a Level 2 procedure. 

Where Level 2 is an escalation from Level 1 procedures:

• The Level 2 Note of Concern form is completed by the Programme Chairperson / Research Convenor. The form is submitted along with supporting documentation (including the Level 1 Note of Concern) to the Chairperson of the Faculty Fitness to Continue in Study Committee. This is normally the relevant Head of School or Dean of Faculty. The Note of Concern will indicate the reason for concern and any attempts made at Level 1 to address the situation or support provisions put in place. 

Where Level 2 is the entry level for implementing procedures:

• The Programme Chairperson / Research Convenor having consulted with the Head of School and / or the Dean of Faculty, given the nature of the concerns raised, it may be determined that a case should be escalated directly to Level 2.  
• If the concern is being raised for the first time, a case file needs to be created and shared with the relevant staff involved in the case. This will include the Level 2 Note of Concern and any supporting documentation; and
• The Note of Concern should be compiled by the Programme Chairperson / Research Convenor. If a Level 2 concern is raised by another member of staff, they should be recorded as a witness and all details recorded in the Note of Concern by the Programme Chairperson / Research Convenor prior to convening a meeting.

2.6.2         Level 2 Procedures

At Level 2, the student can continue in their studies until a case has been discussed and resolved in full, unless there is a risk to the welfare or wellbeing of children, young people, vulnerable people, staff, students or services users, in which case, a Level 3 procedure shall be implemented (see section 2.7).

When a Fitness to Continue in Study concern is raised about a student, a case file must be created and a Note of Concern completed by the Programme Chairperson / Research Convenor outlining who raised the concern and any evidence to support the concern. The Note of Concern should clearly indicate the reason for the concern and any attempts made to address the concern and/or support provisions put in place. 

2.6.3 Convening Level 2 Meeting

The Dean of Faculty (or nominee), who will Chair the Fitness to Continue in Study Committee, will inform the student in writing, normally within 10 working days of receipt of the documentation, that a concern has been raised and a meeting of the Faculty Fitness to continue in Study Committee Meeting will be convened to discuss the nature of the concern and to identify potential action or support. A copy of the Note of Concern is to be attached to the written communication for the student’s information. In the written communication to the student concerning the meeting it should be indicated that:

• The student is strongly recommended to make themselves familiar with the Student Fitness to Practise Policy and to attend the meeting in person. However, as per the Student Fitness to Practise Policy, the meeting may proceed if they are unwilling or unavailable to attend;
• A named staff member, e.g. Student Adviser or member of Student Support & Development staff, may be available as a support contact for the student prior to a School / Faculty Fitness to Continue in Study Committee Meeting. This allows the student to have a neutral person to ask questions about the process or what to expect during a meeting. The named staff member cannot provide information on the outcome of the deliberations;
• The student may bring a support officer to the Faculty Fitness to Continue in Study Committee Meeting if they require assistance due to a disability or ongoing medical treatment. The role of this individual is strictly limited to providing necessary personal support with respect to the student’s disability or ongoing medical treatment; they are not permitted to represent the student or participate in the meeting discussion;
• The student may bring a friend or a member of their family to the Faculty Fitness to Continue in Study Committee Meeting to provide them with support in a personal capacity. The role of this individual is strictly limited to providing necessary personal support; they are not permitted to represent the student or participate in the meeting discussion;
• The student must inform the Committee Chairperson in writing at least 3 working days prior to the to the Faculty Fitness to Continue in Study Committee Meeting if they plan to bring a friend, or a member of their family, and / or a support officer appropriate to their needs with respect to a disability or ongoing medical treatment to the meeting; and
• The meeting will be conducted in a supportive manner, ensuring that all parties have sufficient opportunity to explore the issues raised. 

2.6.4 Level 2 Meeting Attendees

Faculty Fitness to Continue in Study Committee Membership 

The Faculty Fitness to Continue in Study Committee shall be a Committee of the Faculty and it be constituted as follows:

• Chairperson of the Committee: Dean of Faculty (or nominee);
• A Senior member of staff from another faculty;
• Two senior members of Academic Staff from the Faculty;
• Nominee of the Dean of Students, Student Support and Development; and
• Students’ Union Welfare Officer (or nominee).

Note: No individuals involved in decision-making at Level 1 will be involved in Level 2 decision-making.  

In attendance at the Faculty Fitness to Continue in Study Committee Meeting

• Student; 
• Third-party(s) identified by student as support person(s) as identified under Section 2.6.2 above; and
• Any witnesses presented by the Faculty, e.g. individual(s) who reported the concern.

The Committee may be supported by a Recording Secretary nominated by the Dean of Faculty who is a member of Faculty administrative staff. The role of the Recording Secretary is to record the outcome of the meeting, not to participate in deliberations. They do not have voting rights.

2.6.5 Level 2 Meeting Objectives

The objectives of the Faculty Fitness to Continue in Study Committee Meeting are to:

• Present the Level 2 Fitness to Continue in Study Note of Concern and supporting evidence. Hard copies should be provided for the student to be used within the meeting;
• Hear the student’s perspective and response to the concerns raised. This may include consideration of mitigating circumstances or additional evidence;
• Discuss the concern and agree on an outcome, providing a reason for decision;
• Agree, if the case is to remain open, to  an action plan to resolve the concern;
  • Identify supports to be implemented for the student or by the student;
  • Agree a timeline for the action plan or future review; and

Decision Making

Decisions are made using an evidence-based approach and by consensus of the Faculty Fitness to Continue in Study Committee Meeting with a vote taking place if consensus cannot be reached. In the case of a vote, a simple majority will determine the outcome, with the Chairperson as a casting vote in the event of a tied vote.

The outcome of the deliberations of the meeting will be recorded.

2.6.6 Level 2 Potential Outcomes

The Faculty Fitness to Continue in Study Committee shall have the authority to impose one or more of the following outcomes:

• No ongoing Fitness to Continue in Study concerns exist. The case shall be closed and no further action is necessary under this Policy;
• Permit the student to continue on the programme of study / placement, subject to review, under certain conditions and for a specified timeframe;
  • The development of an agreed action plan or recommendations with the student is required;
  • The action plan should be signed by the student and the Committee Chairperson and stored in the case file;
  • Agree a time in the future to revisit the outcomes of the action plan; and
  • Once the Committee is satisfied the student has completed the action plan. The case will be closed and all files retained in a secure folder until the student graduates.
• Require the student to repeat certain elements of their programme of study.  This may result in the student having to repeat the year;
• Require the student to interrupt their programme of study for a specified/unspecified period of time to address the concerns raised and engage in a relevant programme of support agreed with the University. The case remains open until the concerns are addressed. In the case of a postgraduate research student, if funded, funding may be temporarily suspended until the concerns are addressed; and
• The matter is deemed persistent, serious or potentially a more significant risk, thus warranting the escalation to Level 3 Procedures, and referral to and convening of the University Fitness to Continue in Study Committee. Additionally, if it is considered that the student’s Fitness to Continue in Study may be so impaired as to mean that the student:

a) may not be considered fit to continue and potentially complete their programme of study 

or

b) may be required to exit the University entirely.

• The matter is deemed persistent, serious or potentially a more significant risk and requires a temporary suspension with immediate effect in which case the matter will be referred to the Vice-President for Academic Affairs/Registrar.

Where a programme of support is put in place as part of an agreed action plan, it may include one or more of the following indicative, but non-exhaustive, support options: 

• Appropriate academic advice (e.g. Module Coordinator, Academic Adviser, etc.);
• Counselling and Personal Development;
• Student Health Service;
• Student Advice and Support;
  • Student Adviser;
  • Academic Adviser;
  • Academic Coaching;
• DCU Chaplaincy;
• Submission of Extenuating Circumstances;
• Postponement of Examinations/Assessments;
• Deferral of Academic Year; and
• Leave of Absence.

In certain circumstances, meeting outcomes may include one of the following:

• Application to transfer to another programme of study;⁴ 
• Voluntary withdrawal with an Exit Award; and
• Voluntary withdrawal from programme of study.

In circumstances where the Level 2 Fitness to Continue in Study Committee considers that potentially the student’s registration should be terminated, the case must be referred to Level 3.

The outcome of the Fitness to Continue in Study Level 2 deliberations will be communicated in writing to the student by the Chairperson of the Committee. 

All case files including Notes of Concern and accompanying documentation should be retained by the Dean of Faculty in a safe, secure and accessible manner to ensure the security and confidentiality in accordance with the University’s Data Privacy Policy and as per the relevant Data Retention Policy.

The student may exercise their right to appeal a Level 2 decision of the Faculty Fitness to Continue in Study Committee, excepting the decision to refer the case to the University Fitness to Continue in Study (Level 3) Committee. The Appeals procedure is documented in Section 2.8 Appeals.

4. Note that DCU does not permit new first year undergraduate students to transfer to another DCU programme. See Application Procedure for Internal Transfer Applicants (Transferring within DCU) Internal Transfer Procedure.

5. Not all programmes have the option to withdraw with an exit award.

2.7.1 Level 3 Circumstances

A Level 3 procedure is applied in the following circumstances:

• Level 2 procedures were implemented and following review by the Programme Chairperson / Research Convenor (or nominee) / Supervisor / Head of School, the Faculty Fitness to Continue in Study Committee are concerned that the agreed action plan is not being carried through and continuing concerns merit not allowing a student to progress to the next academic year of their programme of study;
• There are persistent or serious Fitness to Continue in Study concerns expressed by staff in the University that warrants the escalation straight to a Level 3 procedure; and
• At Level 3, the student can continue in their studies until the case has been discussed and resolved.  However, where the Vice-President Academic Affairs / Registrar determines that a student’s health, behaviour or actions pose a significant risk to their own health, safety or wellbeing, or that of others, the Vice-President for Academic Affairs / Registrar may, without prejudice, impose a temporary suspension of the student from the University.

2.7.2 Level 3 Procedures

At Level 3, the student can continue in their studies until a case has been discussed and resolved in full, unless there is a risk to the welfare of children, young people, vulnerable people or services users, in which case, a Level 3 procedure shall be implemented.

If Level 3 is an escalation from Level 2 procedures:

• A Note of Concern is completed and submitted to the Chairperson of the University Fitness to Continue in Study Committee and added to the case file, along with any new supporting documentation. The form should indicate the reason for escalation, any attempts previously made to address the situation and/or support provisions put in place and the minutes of the Level 2 meeting. The Level 1 and / or Level 2 Note of Concern should be included.
• The Note of Concern can be completed by the Dean of Faculty (Chairperson of the Faculty Fitness to Continue in Study Committee) on behalf of the Committee. The form is submitted along with supporting documentation to the Chairperson of the University Fitness to Continue in Study Committee. The Chairperson is the Vice-President for Academic Affairs / Registrar (or nominee).

If Level 3 is the entry level for implementing procedures:

• If the concern is being raised for the first time, a case file needs to be created and shared with the relevant staff involved in the case. This will include the Level 3 Fitness to Continue in Study Note of Concern Form and any supporting documentation; and
• The Level 3 Fitness to Continue in Study Note of Concern should be completed by the Dean of Faculty. If a Level 3 concern is raised by another member of staff, they should be recorded as a witness and all details recorded in the Note of Concern prior to convening a meeting.

2.7.3 Convening a Level 3 Meeting

The Chairperson of the University Fitness to Continue in Study Committee will inform the student in writing, normally within 10 working days of receipt of the documentation, that a concern has been raised and a meeting a meeting of the University Fitness to Continue in Study Committee will be convened to discuss the nature of the concern and to identify potential action or support. A copy of the Note of Concern is to be attached to the written communication for the student’s information. In the written communication to the student, it should be indicated that:

• The student is strongly recommended to make themselves familiar with the Student Fitness to Practise Policy and to attend the meeting in person. However, as per the Student Fitness to Practise Policy, the meeting may proceed if they are unwilling or unavailable to attend. 
• A named staff member, e.g. Student Adviser or member of Student Support & Development staff may be available as a support contact for the student prior to a School / Faculty Fitness to Continue in Study Committee Meeting. This allows the student to have a neutral person to ask questions about the process or what to expect during a meeting. The named staff member cannot provide information on the outcome of the deliberations;
• The student may bring a friend or a member of their family to provide them with support in a personal capacity. The role of this individual is strictly limited to providing necessary personal support; they are not permitted to represent the student or participate in the meeting discussion;
• The student may bring a support officer if they require assistance due to a disability or ongoing medical treatment. The role of this individual is strictly limited to providing necessary personal support with respect to the student’s disability or ongoing medical treatment; they are not permitted to represent the student or participate in the meeting discussion;
• The student must inform the Committee Chairperson in writing at least 3 working days prior to the meeting if they plan to bring a friend, or a member of their family, and / or a support officer appropriate to their needs with respect to a disability or ongoing medical treatment to the meeting;
• The meeting will be conducted in a supportive manner, ensuring that all parties have sufficient opportunity to explore the issues raised.

NOTE:        If a Progression and Awards Board involving the student is held before the outcome of the University Fitness to Continue in Study Meeting is known, the Chairperson of the University Fitness to Continue in Study may notify Registry to withhold the student’s examination results until the outcome is known and, where necessary, to amend the results in the light of the outcome.

2.7.4 Level 3 Meeting Attendees

University Fitness to Continue in Study Committee Membership

The University Fitness to Continue in Study Committee shall be convened as and when necessary by the Vice President for Academic Affairs / Registrar and will be constituted as follows:

• The Chairperson is the Vice-President for Academic Affairs / Registrar (or nominee);
• The Dean of Students;
• The Dean of Faculty; and
• The Students' Union President (or nominee).

Note: No individuals involved in decision-making at Level 1 or Level 2 will be involved in Level 3 decision-making.  

Attendees of the University Fitness to Continue in Study Committee Meeting

• The student; 
• Third-party(s) identified by student as support person(s) as identified under Section 2.7.3 above;
• Any witness presented by the University or the Student;
  • This should be notified in advance of the meeting and all parties communicated that there will be witnesses present.

The Chairperson will nominate a Secretary to the University Fitness to Continue in Study Committee. The Secretary’s role is to record the outcome of the meeting, not to participate in deliberations. They do not have voting rights.

2.7.5 Level 3 Meeting Objectives

• Present the Level 3 Fitness to Continue in Study Note of Concern and supporting evidence. Hard copies should be provided for the student to be used within the meeting.
• Hear the student’s perspective and response to the concerns raised. This may include consideration of mitigating circumstances or additional evidence.
• Deliberate the case and agree on an outcome, providing a reason for decision.
• If the case is to remain open, agree on an action plan to resolve the concern:
  • Identify supports to be implemented for the student or by the student.
  • Agree a timeline for the action plan or future review.
• Inform the student of the outcome, reasons provided, timeline for future actions or steps.

Decision Making

Decisions are made using an evidence-based approach and by consensus of the University Fitness to Continue in Study Committee with a vote taking place if consensus cannot be reached. In the case of a vote, a simple majority will determine the outcome, with the Chairperson as a casting vote in the event of a tied vote.

The outcome of the deliberations of the meeting will be recorded.

2.7.6 Level 3 Potential Outcomes

The University Fitness to Continue in Study Committee shall have the authority to impose one or more of the following outcomes:

• No ongoing Fitness to Continue in Study concerns exist. The case shall be closed and no further action is necessary;
  • Permit the student to continue on the programme of study with no further action;
• Permit the student to continue on the programme of study, subject to review, under certain conditions and for a specified timeframe:
  • The development of an agreed action plan or recommendations with the student is required; 
  • The action plan should be signed by the student and the Committee Chairperson and stored in the case file;
  • Agree a time in the future to revisit the outcomes of the action plan;
  • Once the Committee is satisfied the student has completed the action plan. The case will be closed and all files retained in a secure folder until the student graduates.
  • All case files including Notes of Concern and accompanying documentation should be retained by the Head of School / Dean of Faculty and the Vice-President for Academic Affairs / Registrar in a safe, secure and accessible manner to ensure security and confidentiality in accordance with the University’s Data Privacy Policy and as per the relevant Data Retention Policy. 

• Require the student to interrupt their programme of study for a specified/unspecified period of time to resolve the issues and engage in a relevant programme of support agreed with the University. The case remains open until the concerns are addressed; and
• In the case of a postgraduate research student, if funded, funding may be temporarily suspended until the concerns are addressed.

Where a programme of support is put in place as part of an agreed action plan, it may include one or more of the following indicative but non-exhaustive support options: 

• Appropriate academic advice, e.g. Module Coordinator, Academic Adviser
• Counselling and Personal Development
• Student Health Service
• Student Advice and Learning Support
  • Student Adviser
  • Learning Skills Adviser
  • Academic Coaching
• DCU Chaplaincy 
• Submission of Extenuating Circumstances 
• Postponement of Examinations/Assessments
• Deferral of Academic Year
• Leave of Absence 
• Direct the student to seek professional support from a relevant practitioner or undertake a relevant self-development programme at their own cost and in their own time, to address their Fitness to Continue in Study issues. 

Where it is determined that the student’s studies shall be suspended and their place deferred to a specified / unspecified future time, consistent with DCU Marks and Standards, the maximum period of registration will be extended by one year. When returning from a suspension of study of an academic year, the student is returned to the same year of study.  

• The student is deemed not fit to continue in study and the case is serious, after due consideration, to consider the following:
  • Application to transfer to another programme of study;⁶ 
  • Voluntary Withdrawal with an Exit Award;⁷ 
  • Voluntary Withdrawal from programme of study; and
  • Termination of Registration, direct that the student’s registration be terminated and/or that the student be excluded from the programme. 
• There is a concern over the welfare of the children, young people, staff or students. In this case, the University Fitness to Continue in Study Committee may decide on temporary suspension / termination of registration of the student from the programme of study. 
• The student is suspended with immediate effect from the programme of study.

In cases of temporary suspension or termination of registration, the following actions will be taken:

• The Chairperson will notify Registry, regarding the student record as appropriate;
• The Chairperson will notify the Chairperson of the Programme, Head of School and Dean of Faculty; and
• In the case of a postgraduate research student, the Chairperson will notify the Dean of Graduate Studies. If the student is in receipt of funding, discussion is required on whether the funding should be temporarily suspended. 

The Chairperson will communicate the outcome of the Fitness to Continue in Study Level 3 deliberations in writing to the student. 

All case files including Notes of Concern and accompanying documentation should be retained by the Office of the Vice-President for Academic Affairs / Registrar in a safe, secure and accessible manner to ensure the security and confidentiality in accordance with the University’s Data Privacy Policy and as per the relevant Data Retention Policy.

6. Note that DCU does not permit new first year undergraduate students to transfer to another DCU programme. See Application Procedure for Internal Transfer Applicants (Transferring within DCU) Internal Transfer Procedure.

7. Not all programmes have the option for a student to withdraw with an exit award.

2.8.1 Appeals Circumstances

A student has the right to appeal a decision of the Faculty Fitness to Continue in Study Committee (Level 2) or the University Fitness to Continue in Study Committee (Level 3) on the following grounds:

• That there is new evidence or evidence which was, for a valid reason, not presented to the Fitness to Continue in Study Committee which might reasonably have resulted in a different decision;
• That there were procedural irregularities (including administrative error) such as might give rise to reasonable doubt as to whether the Fitness to Continue in Study Committee would have reached the same decision had that not occurred;
• That the findings of the Fitness to Continue in Study Committee do not warrant the resolution that there was a Fitness to Continue in Study concern; and
• That the outcome approved by the Fitness to Continue in Study Committee was unreasonable and disproportionate having regard to all the circumstances of the case.

2.8.2 Fitness to Continue in Study Appeals Committee Procedures

• The student lodges an appeal, in writing to the Deputy President within 7 working days of the outcome of the Faculty Fitness to Continue in Study Committee or University Fitness to Continue in Study Committee having been issued to the student. A Fitness to Continue in Study Appeal Form must be completed by the student outlining the grounds for appeal and supporting argument and/or evidence that was not presented in any previous deliberation. 
• Where an appeal is lodged in accordance with the above, the implementation of the decision made by the Faculty Fitness to Continue in Study Committee or the University Fitness to Continue in Study Committee will be deferred until the outcome of the appeal is determined.

2.8.3 Convening University Fitness to Continue in Study Appeals Committee

• On receipt of the Appeal, the Deputy President will ask the Chairperson of the Faculty Fitness to Continue in Study Committee or the University Fitness to Continue in Study Committee to furnish them with all relevant documentation pertaining to the case within 10 working days of the request.
• It is at the absolute discretion of the Chairperson of the Fitness to Continue in Study Appeals Committee to decide whether there are reasonable grounds for an appeal to proceed.
• The Fitness to Continue in Study Appeals Committee shall not be obliged to receive further submissions (orally or in writing) from the student but, if it decides to do so, must receive such information within 10 working days of the request to do so from the student.
• The Fitness to Continue in Study Appeals Committee meets and discusses the case. The Committee may request the student to be present but is not obliged to do so.

2.8.4 University Fitness to Continue in Study Appeals Committee Membership

• Chairperson: Deputy President (or nominee);
• Four senior and experienced members of academic staff who are members of Academic Council;
• One member of a Faculty Fitness to Continue in Study Committee outside of the Faculty where the student is registered; and
• Students' Union President (or nominee).

Note: No individuals involved in decision-making at Level 1, Level 2 or Level 3  will be involved in decision-making in relation to the Fitness to Continue in Study Appeals Committee.  

The Chairperson nominates a secretary to the University Fitness to Continue in Study Committee. The Secretary’s role is to take minutes at the meeting and not to participate in deliberations.

2.8.5 University Fitness to Continue in Study Appeals Committee Objectives

• Present the Fitness to Continue in Study Appeals Form and supporting evidence. 
• Present the original case and committee final decision that led to an appeal.
• Deliberate the student’s perspective and response to the concerns raised. This may include consideration of mitigating circumstances or additional evidence.
• Deliberate the case and agree on an outcome, providing a reason for decision.

Decision Making

No individuals involved in decision-making at Levels 1, 2 or 3 under this Policy will be involved in Fitness to Continue in Study Appeals decision-making.

Decisions are reached by consensus of the Fitness to Continue in Study Appeals Committee Membership with a vote taking place if consensus cannot be reached. In the case of a vote, a simple majority will determine the outcome, with the Chairperson having a casting vote in the event of a tied vote.

The outcome of the deliberations of the meeting will be recorded.

2.8.6 University Fitness to Continue in Study Appeals Committee Potential Outcomes

• Revoke or amend any decision made by the Faculty Fitness to Continue in Study Committee or the University Fitness to Continue in Study Committee or ask them to reconsider their position further. 
• Uphold the outcome approved by the Faculty Fitness to Continue in Study Committee or the University Fitness to Continue in Study Committee.

The decision of the Fitness to Continue in Study Appeals Committee is final and will be communicated to the Chair of the Faculty Fitness to Continue in Study Committee or the University Fitness to Continue in Study Committee and the Vice-President for Academic Affairs/Registrar.

The decision of the Fitness to Continue in Study Appeals Committee will be communicated to the student in writing within 30 days (where practical) after the original appeal was received by the Deputy President.

The Chairperson, together with the Secretary to the Committee, will communicate the decision of the Fitness to Continue in Study Appeals Committee to the Chairperson of the Faculty Fitness to Continue in Study Committee or the University Fitness to Continue in Study Committee as appropriate and the Vice-President for Academic Affairs / Registrar.

All case files including Notes of Concern and accompanying documentation should be retained by the Chairperson of the University Fitness to Continue in Study Appeals Committee in a safe, secure and accessible manner to ensure the security and confidentiality in accordance with the University’s Data Privacy Policy and as per the relevant Data Retention Policy.