DOCUMENT ON COLLEGE FITNESS TO PRACTICE POLICY
1. Introduction
At present, fitness to practice cases are dealt with pursuant to para.19 of page H5 of the
Calendar which provides:
“Issues with students may arise from time to time which, in the opinion of the
Senior Lecturer, affect a student’s ability or suitability to participate in his or her
course. If requested by the Senior Lecturer, students will be required to undergo
a medical examination or assessment by a doctor or specialist nominated by the
Senior Lecturer at College’s expense for the purpose of obtaining an opinion as
to the student’s medical fitness to continue with his/her studies or as to his/her
ability or suitability to participate in his/her course to the standards required by
College.”
It is arguable, however, that a more comprehensive approach to fitness to practice
issues is required (though para.19 or some variant thereon should be retained to cover
cases in which students are unfit to pursue courses with no fitness to practice
requirements). Decisions in this area have potentially far-reaching effects on students,
staff and members of the general public and so it is imperative that proper procedures
are followed in making such decisions. Moreover, decision-makers need to be aware of
their statutory obligations in order to avoid the very real risk that decisions on fitness to
practice issues might discriminate against students with disabilities – see ‘Maintaining
Standards: Promoting Equality’, a report by the UK Disability Rights Commission,
September 2007.
Since late 2007, a Working Group1 has attempted to formulate a draft Fitness to
Practice policy for College. This discussion document contains guidelines for schools
and Course Committees on the content of school/departmental fitness to practice
policies, together with recommendations on new College procedures for dealing with
fitness to practice cases. It should be noted that adoption of this policy may necessitate
amendments to the College Statutes. It should also be noted that compliance with
College policy on fitness to practice does not relieve members of staff of any obligation
they may have under their professional code.
2. Substantive elements of policy
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Chaired by the Dean of Students and consisting of the Disability Officer, the Equality
Officer, the Junior Dean, the Medical Director, the Senior Tutor and representatives
from the Schools of Dentistry, Education, Engineering, Medicine, Nursing and
Midwifery, Pharmacy and Pharmaceutical Sciences, Psychology and Social Work and
Social Policy, the departments of Clinical Speech and Language Studies, Occupational
Therapy, Physiotherapy and Radiation Therapy, the Centre for Deaf Studies and the
Senior Lecturer’s Office.
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College should require the relevant Schools/disciplines to address the following four
questions as each School/discipline formulates its fitness to practice policy

What competency(ies) is/are being assessed in the specific course/placement?
Schools/discipliness should identify all competencies relevant to their discipline
that have been formally approved by the relevant regulatory body and may find it
helpful to list competencies under the headings of knowledge, skills and
attitudes. Note that these headings are not exclusive so that a competency may
be listed under more than one heading.

Is the competency requirement justifiable in relation to each specific
course/placement?

How is the competency assessed? Some competencies may be assessed
objectively using examinations (written or oral) or practical demonstrations.
However assessing other competencies requires the assessor to make a
subjective judgment.

In the case of a student with a disability/specific learning difficulty, has the
School/discipline actively engaged with the Disability Service, in accordance with
the guidelines set out in Section 4 below, to determine how the student’s needs
might be reasonably accommodated? (Note that the obligation to make
reasonable accommodation arises once it is established that a student has a
disability, even if the student is not registered with College’s Disability Service.
On the other hand, a School/discipline does not have to make reasonable
accommodation for a student with a disability if such provision gives rise to more
than nominal cost considered in the context of College’s overall budget.)
The policy of each school/discipline should also refer to the statutory obligation to
ensure that teaching and learning methods are accessible to students with disabilities
and should give examples of how methods of teaching, learning and assessment can
be made accessible to all students, while indicating that these examples are illustrative
only and not comprehensive.
3. Procedures
Cases raising fitness to practice (FTP) issues arguably fall into three categories – cases
where a student is deemed unsuitable to participate in a placement as a result of the
outcome of Garda vetting procedures; disciplinary offences; and all other, nondisciplinary cases.
An important initial decision in relation to an FTP case other than those involving Garda
vetting, therefore, is whether it should be characterised as a non-disciplinary matter to
be dealt with by the appropriate proposed School Fitness to Practice Committee or as a
disciplinary offence to be dealt with under College disciplinary procedures. Depending
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on the context in which the case arises, this decision should be made either by the head
of department/school2 or by the Junior Dean.
Where a member of College staff or work-based placement staff or other appropriate
individual has a concern regarding a student’s fitness to practice, s/he should refer the
student’s case, in the first instance, to the relevant head of discipline (or in the case of a
single discipline school, Head of School). After consulting with the Junior Dean and, in
the case of a student with a disability, with the Disability Officer, the head of
School/discipline shall decide whether to refer the case to the Junior Dean to be dealt
with under College’s disciplinary code or to have the case dealt with under proposed
new procedures for dealing with FTP cases that do not constitute disciplinary offences.
Where an alleged disciplinary offence comes before the Junior Dean under College’s
disciplinary code, either at first instance or having been referred by a Head of
School/discipline, the Junior Dean may decide to have the case dealt with under
proposed new procedures for dealing with FTP cases that do not constitute disciplinary
offences if s/he considers this to be a more appropriate way of dealing with the case.
a) Garda vetting cases
Cases involving Garda vetting are currently dealt with at para.22 of College’s General
Regulations and Information (p.H6 of the 2007/8 Calendar). This reads:
“Students on courses with clinical or other professional placements may be
required to undergo Garda vetting procedures prior to commencing placements.
If, as a result of the outcome of the Garda vetting procedures, a student is
deemed unsuitable to attend clinical or other professional placement, he/she may
be required to withdraw from his/her course.”
Cases involving Garda vetting shall be dealt with in accordance with College’s proposed
Police Vetting Policy and Procedures once these have been adopted.
b) Other FTP cases
FTP cases that do not constitute disciplinary offences should be referred by the Head of
School/discipline or the Junior Dean, as the case may be, to the School FTP
Committee, subject to the proviso that where it is known that the case involves a
student with a disability (whether or not the student is registered with the Disability
Service), the School/discipline must comply with the procedures set out in Section 4 of
this document before the case can be referred to the School FTP Committee. Where a
fitness to practice issue arises in the context of an academic appeal being pursued by a
student, Course Office based Courts of First Appeal, School based Courts of First
Appeal, Faculty based Courts of First Appeal, the Academic Appeals Committee and
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Where a School executive deems it appropriate, the functions assigned to a head of
School/discipline under this policy may be assigned to a programme director.
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the Graduate Studies Committee shall each have a discretion to refer that issue to the
relevant School FTP Committee if this is considered a more appropriate way of dealing
with the matter.The School FTP committee shall consist of three members of staff
designated by the Faculty executive. Two such members shall be drawn from the
School to which the student is attached and the third member from another School
outside the Faculty with FTP requirements. Where the Faculty executive deems it
appropriate, one of the School members may be substituted by a staff member of the
establishment where the student was on placement.
In dealing with a concern regarding a student’s fitness to practice, the School FTP
committee shall comply with principles of fair procedures. Where the School FTP
committee decides that the concern is well founded, it may take any of the following
actions:
a) Caution the student in relation to the matter
b) Require the student to undergo testing, at College’s expense, in respect of
suspected drug or alcohol addiction. A student failing to comply with this
requirement or whose tests confirm drug or alcohol addiction may be required by
the committee to withdraw from his/her course or to go off books until such time
as s/he is certified by an appropriately qualified person to be fit to proceed with
his/her course of studies.
c) Require the student to undergo a medical examination or assessment (including
a psychiatric assessment) by a doctor or specialist nominated by the committee
at College’s expense for the purpose of obtaining an opinion as to the student’s
medical fitness to continue with his/her studies or as to his/her ability or suitability
to participate in his/her course to the standards required by College. Where a
student fails to comply with this requirement, or where s/he is assessed to be
unfit to continue with his/her studies or unable or unsuitable to participate in
his/her course to the standards required by College, s/he may be required by the
committee to withdraw from his/her course or to go off books until such time as
s/he is certified by an appropriately qualified person to be fit to proceed with
his/her course of studies.
d) Suspend the student until such time as s/he is certified by an appropriately
qualified person, approved by the committee following consultation with the
student, to be fit to proceed with his/her course of studies.
e) Require the student to withdraw from his/her course.
An appeal against the decision of the School FTP Committee should lie to a new
College FTP Committee consisting of a chairperson who is a practising lawyer, 2
members of staff drawn from disciplines that have fitness to practice requirements and
two external (i.e. non-staff) members, one of whom shall be drawn from the discipline of
the student and the other of whom shall be a lay person. This Committee shall hear the
case de novo and shall have the same powers as the School FTP Committee.
An appeal against the decision of the College FTP Committee should lie to the College
Visitors.
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A student appearing before a School FTP Committee or the College FTP Committee is
entitled to be represented by his/her tutor or postgraduate student adviser.
A member of College’s administrative staff may be in attendance at meetings of a
School FTP Committee or the College FTP Committee for the purpose of recording
decisions made by such Committee.
c) Disciplinary offences
The Working Group recommends that disciplinary offences be dealt with through the
established College disciplinary procedures – see Schedule II to chapter 12 of the
College and University Statutes. Disciplinary offences include breaches or attempted
breaches of the criminal law and of College regulations, whether committed inside or
outside the College, including but not limited to
a) Activity which brings the College into disrepute;
b) Misconduct in relation to examinations, libraries and the use of other College
facilities, services, and accommodation;
c) Disruption of the normal operation of activities within the College; and
d) Harassment or misbehaviour on College property or in dealings with others.
(Note that cases of student mental ill-health should not normally be dealt with under
College’s disciplinary code – see s.43 of Schedule II to chapter 12 of the Statutes.)
d) Power to suspend
Where student behaviour threatens the well-being of patients, students or staff, the
Head of School/discipline or an appropriate member of the work-based placement staff
should have the power to suspend the student with immediate effect. The case should
then be referred immediately either to the Junior Dean, if misconduct is alleged, or, in all
other cases, to the School FTP committee. This is without prejudice to the power of the
Junior Dean under section 43 of Schedule II to ch.12 of the Statutes to suspend a
student with mental health difficulties where the student constitutes a clear and
reasonably imminent danger to himself/herself or to others.
In relation to cases which fall outside the scope of the preceding provisions, it has
already been suggested that the School FTP Committee (and on appeal, the College
FTP Committee) shall have the power to suspend a student until such time as an
appropriately qualified person certifies that the student is fit to proceed with his/her
course of action.
e) Recourse to outside bodies
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It is worth noting that students affected by decisions made under this proposed policy
may, depending on the circumstances, have recourse to the Equality Tribunal or, if the
Ombudsman (Amendment) Bill 2008 is passed, to the Ombudsman.
4. Students with disabilities
If a student has a disability, and there are concerns over fitness to practice, or potential
fitness to practice, the guidelines outlined in this section should be followed prior to any
fitness to practice hearing.
‘Disability’ is defined for the purpose of the Equal Status Acts 2000-4 and the
Employment Equality Acts 1998-2004 as
(a) the total or partial absence of a person's bodily or mental functions,
including the absence of a part of a person's body,
(b) the presence in the body of organisms causing, or likely to cause,
chronic disease or illness,
(c) the malfunction, malformation or disfigurement of a part of a person's
body,
(d) a condition or malfunction which results in a person learning differently
from a person without the condition or malfunction, or
(e) a condition, illness or disease which affects a person's thought
processes, perception of reality, emotions or judgement or which results in
disturbed behavior.
Both sets of Acts also provide that discrimination covers a ground of discrimination,
such as disability, which exists at present, or which previously existed but no longer
exists, or which may exist in the future or which is imputed to a person.
At all times, College should pay due regard to the need to ensure that the student is not
discriminated against, victimised or harassed as a result of a having a disability,
associating with a disabled person or having a disability imputed to them. Nondiscrimination includes provision of appropriate supports, or reasonable
accommodations. Failure to provide reasonable accommodations is classed as
discrimination, unless the cost of such reasonable accommodation is more than nominal
considered in the context of College’s overall budget. It should also be noted that where
a person has a disability that, in the circumstances, could cause harm to the person or
to others, treating the person differently to the extent reasonably necessary to prevent
such harm does not constitute discrimination.
This section provides a framework for the provision of appropriate and reasonable
accommodations for the student, thus enabling fair assessment of the student’s
competences in the core areas (in terms of knowledge, skills and attitudes).
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Wherever possible, good practice relating to accessible curricula, teaching, learning and
assessment methods should be followed. Use of good accessible educational
strategies will reduce the need for additional accommodations for a student with a
disability.
Disclosure
All students with disabilities or health conditions are advised to disclose their disability in
the first instance to the Disability Service. It is not possible for accommodations to be
provided without disclosure supported by medical evidence.
It is recommended that students also disclose any disability to the department / faculty
and to their College Tutor. Disclosure should be welcomed by College staff as a
positive action that can lead to provision of appropriate supports to enable the student
to complete their studies and to avoid any potential fitness to practice issues from
arising in the future.
College staff should be aware that the presence of any given disability, health condition
or mental health condition in itself should not be grounds for a student to be
discouraged from participating in a professional course. It is possible that certain
prejudices may arise, but exclusion on grounds of disability is clearly discrimination and
against the law. A student with a disability, once provided with reasonable
accommodations, should be assessed as any other student. There are, however
circumstances where it is not possible to put in place reasonable accommodations, in
which case, students may be discouraged from applying for, or continuing with a
course. This advice should only be given following full evaluation of possible
accommodations, including human assistance.
While it is strongly recommended for all students to disclose disability, health issues or
mental health issues, non-disclosure should not be treated as evidence of poor
character.
Reasonable Accommodation
A reasonable accommodation may be any action that helps alleviate a substantial
disadvantage. The purpose of a reasonable accommodation is to enable a student with
a disability to participate fully in all aspects of the course, and to have the opportunity to
demonstrate core competences in terms of knowledge, skill and attitudes.
Reasonable accommodations may include, but are not limited to:
 Assistive technology
 Human / personal supports (such as note-takers, readers, Irish Sign Language
interpreters, etc.) For health professions, personal assistance is considered
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appropriate provided that the individual’s knowledge and skill are assessed, rather
than that of the assistant.
Additional time, e.g. in exams or additional time to learn specific skills.
Information in alternate formats.
Physical access to required areas and / or timetabling of course elements into
accessible locations.
Alternate forms of assessment.
Alternate or specifically selected practice education experiences that enable the
student to demonstrate core competences in an environment with fewer barriers.
The nature of reasonable accommodations will depend on the student’s individual need
(and disability), the tasks that are required (be they lecture-based or clinical) and the
environment in which the student will learn. While there may not be clear case-study
examples of accommodations in professional courses in Ireland, UK and other
International good practice may be used as a guide to possible accommodations.
Procedures for assessing reasonable accommodations.
Students undertaking professional courses shall be assessed for, and provided with
accommodations to enable them to participate in all aspects of their course in an
equitable manner as any other student.
Students will meet with a Disability Officer in the Disability Service for an assessment of
their needs, following which, recommendations for accommodations for all aspects of
the course work, including professional practice / clinical education will be made.
A Learning and Educational Needs Summary document (LENS) will be produced
outlining the needs of the student, and suggested accommodations. Where necessary,
the Disability Service will apply for funding to support provision of accommodations.
Reasonable accommodations will be determined through collaboration between the
Disability Service, the student and the course of study. As some accommodations will
relate to clinical education, clinical educators may also need to be involved in
discussions about appropriate accommodations.
Implementation of Reasonable Accommodations
Reasonable accommodations will be suggested by the disability service (in consultation
with the student and where applicable, the academic discipline), and will be
implemented by the disability service in some cases (e.g. provision of a note-taker,
photocopying cards,), by the academic department in other cases (e.g. provision of
class notes) and by the clinical educator in other cases.
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Review of Accommodations
Regular review of reasonable accommodations is required. Annual (or more frequent)
review is carried out by the Disability Service, and departments should also review
supports for disabled students on a regular basis.
If the supports are deemed to be successful, in that they alleviate the disadvantage
caused by disability, and thus enable the student to compete on an equal footing to
other students, then it is expected that they will be assessed as with any other student.
If a student fails an aspect of a course, be it academic or professional practice, when
the accommodations have been deemed to be appropriate, then the usual academic or
other procedures applies. If there are concerns that a student is unfit to practice
elements of the course, with appropriate supports in place, then the usual fitness to
practice guidelines apply, and the student should be encouraged to consider their
position on the course.
If it is deemed that the supports for the student are not appropriate or not working well,
then investigation of the reasonable accommodation process is required. This should
involve examination of the extent to which accommodations have been put in place by
the Disability Service or the department / clinical educator, and the extent to which the
student is engaging in the process. Supports and / or the implementation of these
supports should be examined with a view to finding alternate, more appropriate
accommodations and/or implementing stated accommodations.
If it is found that a student is not engaging with the reasonable accommodation process,
and concerns about an aspect of professional practice remain, then in the first instance,
the student will be invited to participate. If this is unsuccessful, then the usual fitness to
practice procedures will apply.
5. Review of Fitness to Practice Policy
The decisions of School FTP Committees and the College FTP Committee and
decisions of the Visitor relating to FTP issues shall be copied to the Senior Lecturer who
shall propose amendments to the College Fitness to Practice Policy when appropriate.
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