Student Fitness to Continue in Study Policy

There are frequent interactions between staff and students on a daily basis where issues impacting on student’s study are raised and dealt with accordingly. The practice of academic staff working with a student, advising them on academic processes, resources and support available and encouragement to attend Student Support Services will, in most cases, be sufficient to help a student continue with their studies. If a student needs general support and is not an urgent, serious or ongoing concern, staff are advised to contact Student Support & Development at student.support@dcu.ie or 01 700 7165. For a list of services, visit the Student Support & Development website.

In some instances, the behaviour of a student puts not only their study, but themselves or members of the University community at risk. In such cases, staff should respond in line with guidelines on Identifying and Responding to Students in Distress or at Risk, Guidelines for Dealing with Student Psychological and/or Medical Emergencies and DCU’s Contact with Third Parties Policy. 

In certain circumstances concerns may arise about a student’s health, ongoing appropriate conduct and disposition to the extent that their fitness to continue in study is put in doubt. These concerns may be disclosed by family members, classmates, flatmates, student support services staff, academic staff or other University staff, work, or research placement supervisors or even on occasions, members of the public. 

The following list shows examples of such circumstances where there may be concern as to a student’s support needs and fitness to continue in study. The list is not exhaustive, and each circumstance should be considered on its own merits. 

• The concerns may be around a student’s:
  • Wellbeing, appearance, social-withdrawal, mood, physical health, or welfare;
  • Unexplained deterioration in academic performance;
  • Aggressive, violent or threatening behaviour; 
  • Persistent inappropriate attitude or behaviour; 
  • Behaviour putting themselves or anyone else clearly at risk;
  • Behaviour which is significantly distressing to others; 
  • Behaviour, which is impacting significantly on the learning, working, or living experience of others; and
  • Support needs that fall outside the scope of the support which the University can provide.

‘Behaviour’ is intended to include behaviour which is face-to-face and in public as well as expressed in written or on-line communications in print or via social media, text messaging or by other electronic means.

It is recognised that in certain circumstances staff involved in the implementation of the Fitness to Continue in Study Policy and related Procedures may also need to avail of supports available internally and externally, e.g. DCU Employee Assistance Service (EAS), DCU People Partner Team, DCU EDI and Wellbeing Manager, DCU Dignity, Respect and Sexual Misconduct Response Manager.

Issues raised under this Policy will be in accordance with the general principles of natural justice and fair procedures. Principles for implementing this policy are set out below.

Student-Centred Approach

Staff engaging with this Policy should do so in a manner that accords dignity and respect for all those involved and focuses on providing equal opportunity and a positive experience for all students. To this end, the University will endeavour to ensure:

• A fair, clear, consistent, and timely approach is applied to all cases dealt with under this Policy. 
• Notes of Concern related to this Policy are raised early and dealt with promptly at a local level, providing the student with advice and support on how to improve their competencies or standards so that Fitness To Continue in Study issues do not continue or escalate.
• Staff implementing the Policy consider all levels of support available internally and externally to a student, e.g. a student's local GP, Physiotherapist, Counsellor, and outline clearly to the student the importance and/or consequences of engaging or not engaging with those supports. 
• Students engaging with this Policy can avail of the support of a family member or friend, and in the case of a student with a disability, a support officer, when required to attend a meeting or deliberation. 

Fair and Transparent Process

The processes under all levels of this Policy will be undertaken in a transparent manner, and the student will normally be informed of the identity and capacity of any persons with whom the University consults, including third parties. Therefore:

• All processes will be carried out using an evidence-based approach to decision making;
• Students have the right to a fair and impartial determination of the issues concerned, considering any relevant or appropriate evidence, factors, or circumstances;
• Students will have access to support throughout the process;
• Any person acting in a specific supportive role to the student (see Section 5. Roles and Responsibilities below will not participate in any deliberations related to this Policy;
• Should a student be unable or unwilling to participate at any level of this Policy or to attend a meeting, the University may follow this Policy where it is reasonable to do so. The University may deal with issues on the basis of written reports and/or statements in the absence of the student; 
• Staff will conduct processes as confidentially as possible to protect those involved. Normal standards of confidentiality are applicable unless there are circumstances where a student is at risk to themselves or others; and
• The standard of proof applied at every stage of this Policy with regard to a student’s fitness to continue study is the balance of probabilities.

Managing Risk

Management of risks associated with "fitness to continue in study" primarily involve health conditions, behavioural issues, or support needs that negatively impact the student's wellbeing, the safety of others, or the learning environment. 

Key risks and consequences include:

• Safety Concerns: Risks to the student's own health, safety, and wellbeing, as well as the safety of fellow students, staff, or the public;
• Impact on Others: Behaviour or health issues that significantly distress others or negatively affect the working, learning, or living experiences of the broader community;
• Disruption of Operations: Behaviours that adversely impact or obstruct the day-to-day activities of the university, research placements, or clinical work environments; and
• Scope of Support: Situations where a student's required support needs exceed what the institution can reasonably provide or accommodate. 

The University will seek to identify these risks early, offer coordinated support, or mandate leave of absence and temporary suspension if a severe risk is present in order to mitigate the risk, and to ensure the safety and well-being of the student, the safety of others, or the learning environment. 

The University will promote an understanding of requirements under the Fitness to Continue in Study Policy and ensure Procedures are readily available to students and staff alike.

Professional Case Management

When a Fitness to Continue in Study concern is raised about a student, a case file is created and a Note of Concern compiled with input from stakeholders. The Note of Concern should clearly indicate the reason for concern and any attempts previously made to address the situation or support provisions put in place. The Note of Concern can be compiled by the relevant University staff member, depending on the level of the case, outlining who raised the concern and any evidence to support the concern. At Level 2 and Level 3, the Notes of Concern from previous levels should be included in the case file. This is also the case in the relation to an Appeal.

Staff should note full details of any case on the file. Details can include supporting documentation made available in relation to the case, correspondence, the outcome of meetings or deliberations, responses from the student, input from third parties, and actions taken. Records should also include evidence for the case and members / attendees of any committee meetings.

Cases considered under this Policy should be stored in a safe, secure and accessible manner to ensure security and confidentiality in accordance with the University’s Data Privacy Policy. They should be deleted in line with the relevant Data Retention Policy.

The student engaging with the Student Fitness to Continue in Study Policy will:

• Make themselves available to attend any meetings organised under the Fitness to Continue in Study Policy;
• Engage in any informal or formal processes that may be implemented;
• Engage in any support or provisions but in place via this Policy; 
• Fulfil requirements of an agreed action plan;
• Engage in all communication and meetings in a professional and timely manner; and
• Throughout the process, treat all DCU staff members with respect and dignity.

The Programme Chairperson / School Research Convenor will compile the Note of Concern relating to fitness to continue in study. The Programme Chairperson / School Research Convenor will review the Note of Concern and depending on the nature of the concern, the Programme Chairperson / School Research Convenor may initiate Level 1 Procedures or escalate to Level 2 or Level 3 as appropriate.

The Programme Chairperson / School Research Convenor is responsible for implementing Level 1 procedures at School / Faculty level.

When a new Programme Chairperson / School Research Convenor is appointed, the outgoing incumbent must ensure the transfer of case files for active Fitness to Continue in Study cases to the incoming appointee.

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    The School Research Convenor may compile the Note of Concern in the case of a postgraduate research student. 

A named staff member, e.g. Student Advisor or member of Student Support & Development, may be available as a neutral point of contact for the student to address questions regarding the process and meeting expectations prior to a Level 2 Faculty or Level 3 University Fitness to Continue in Study Committee Meeting. However, the named staff member cannot participate in any deliberations related to this Policy and the related Procedures, nor can they provide information regarding the outcome of the Meeting.

A student with a disability or who is undergoing ongoing medical treatment may request to be accompanied to a meeting by a Support Officer as appropriate to their needs. 

The Dean of Faculty is responsible for:

• The appointment of an appropriately senior and experienced member of academic staff of the School / Faculty who is familiar with the programme as Chairperson of the Faculty Fitness to Continue in Study Committee;
• Ensuring the Faculty Fitness to Continue in Study Committee has diversity to facilitate an inclusive environment;
• Briefing the Faculty Fitness to Continue in Study Committee to conduct its remit in line with the principles of this Policy;
• Through the Head of School, ensuring that staff engaging with and supporting Fitness to Continue in Study cases have themselves the appropriate supports; and
• When a new Dean of Faculty is appointed, the outgoing incumbent must ensure the transfer of case files for active Fitness to Continue in Study cases to the incoming appointee.

The Dean of Students is responsible for the provision of personal, academic skills, and professional development for all registered students of the University and as required and within the context of this Policy. The Dean of Students will:

• Facilitate the referral of a student at any stage of the 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;
• Receive notifications of suspension where the Vice President for Academic Affairs / Registrar exercises the power of suspension;
• Nominate a Student Support and Development staff member to sit on a Level 2 School / Faculty Fitness to Continue in Study Committee; 
• Assign a Support Officer, if requested and as appropriate to needs, to accompany a student with a disability or who is undergoing ongoing medical treatment to meetings convened under this Policy; and
• Sit on a Level 3 University Fitness to Continue in Study Committee.

The Vice President for Academic Affairs / Registrar (or nominee) is responsible for:

• Deciding which Policy should have priority or be the most appropriate in particular circumstances;
• Suspending the implementation of a Policy or procedure, pending the outcome of another Policy or procedure;
• The convening and chairing of the Level 3 University Fitness to Continue in Study Committee;
• Authorising a temporary suspension;
• The appointment of a person to carry out relevant, designated functions under this Policy if an office holder post is vacant at the time that this Policy is being invoked; and
• Authorising termination in studies.

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    The circumstances and the manner in which a temporary suspension is implemented are set out in the Student Fitness to Continue in Study Procedures.

The Deputy President (or their nominee) is responsible for:

• Determining if there are reasonable grounds for an appeal against the outcome of a Faculty or University Fitness to Continue in Study Committee hearing to proceed; and
• Convening and Chairing the Fitness to Continue in Study Appeals Committee.

The Faculty Fitness to Continue in Study Committee will:

• Be convened as and when necessary, to consider a Level 2 Fitness to Continue in Study cases;
• Be a committee of the Faculty;
• Act to make decisions and recommendations on behalf of the Faculty Fitness to Continue in Study case
• Review and make decisions relating to requests to return to study following pause or cessation of studies arising from Fitness to Continue in Studies processes; and
• Endeavour to hold meetings under the Fitness to Continue in Study Policy in line with the principles of this Policy.

The Chairperson will hold an annual meeting to update the Committee on any changes in the Fitness to Continue in Study Policy and Procedures or related issues.

Details on the Faculty Fitness to Continue in Study Committee membership, the manner in which the Committee is convened and the related and Terms of Reference and Standing Orders are outlined in the Fitness to Continue in Study Procedures.

The University Fitness to Continue in Study Committee shall be convened by the Vice President for Academic Affairs and Registrar or their nominee as and when necessary, to consider a Level 3 Fitness to Continue in Study submission. Details on the University Fitness to Continue in Study Committee membership, and the manner in which the Committee is convened are outlined in the Fitness to Continue in Study Procedures.

The University Fitness to Continue in Study Committee will:

• Have a diversity balance to facilitate an inclusive environment and to reflect the student body;
• Ensure the comprehensive documentation of the decisions in Student Fitness to Continue in Study cases and notify the student of the outcome; and
• Ensure that meetings held under the Student Fitness to Continue in Study cases are in line with the principles of this Policy.

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    University Committees Policy

The University Fitness to Continue in Study Appeals Committee shall be convened at the absolute discretion of the Chairperson of the Fitness to Continue in Study Appeals Committee, i.e. the Deputy President (or their nominee), having determined that there are reasonable grounds for an appeal to proceed. Details on the membership of the committee, how the committee is convened, terms of reference and potential outcomes are outlined in the Fitness to Continue in Study Procedures. 

The University Fitness to Continue in Study Appeals Committee will:

• Be a committee of the University; 
• Consider appeals to the outcome of Faculty Fitness to Continue in Study and University Fitness to Continue in Study cases;
• Review and make decisions relating to requests to return to study; and
• Endeavour to hold meetings under the Fitness to Continue in Study Policy in line with the principles of this Policy.

No member of the relevant Faculty Fitness to Continue in Study Committee or of the University Fitness to Continue in Study Committee or the Students’ Union representative / nominee, who has been involved in the case prior to the Appeal, shall be a member of the Fitness to Continue in Study Appeals Committee.

The Academic Quality Assurance and Governance team in the Office of the Vice-President for Academic Affairs (OVPAA) will liaise with the relevant Schools / Faculties to draft a report on Fitness to Continue in Study cases (number of cases at each Level and outcome of same) in the preceding academic year. All data included in the report will be presented on an anonymised basis.  This report will be presented at Academic Council.

Academic Council will receive, at the end of the academic year, a report on Fitness to Continue in Study cases (number of cases at each Level and outcome of same) in the preceding academic year. All data included in the report shall be presented on an anonymised basis.

If a student is not satisfied with the outcome of their Fitness to Continue in Study case, they can submit a complaint to the Office of the Ombudsman. The Office of the Ombudsman cannot investigate complaints about academic judgement. The Ombudsman complaint process is not an appeal of a decision of the Fitness to Continue in Study Appeals Committee but an investigation of the administrative actions taken with respect to the Fitness to Continue in Study Appeals process. The Ombudsman is fair, independent, and free to use. Information regarding the role of the Office of the Ombudsman, and how to submit a complaint can be found at www.ombudsman.ie.