UNIVERSITY SUITABILITY TO PRACTISE REGULATIONS, 2016

B

L.N. 345 of 2016

EDUCATION ACT

(CAP. 327)

UNIVERSITY SUITABILITY TO PRACTISE REGULATIONS, 2016

IN EXERCISE of the powers conferred upon him by articles 74 (5) and 75 (6)

of the Education Act (Cap. 327), the Chancellor of the University of Malta has

promulgated the following regulations made by the Senate of the University of

Malta by virtue of the powers conferred upon it by articles 75 (3) and 79 (b) of the

said Act

Citation and Interpretation

(1) These regulations may be cited as the University Suitability to Practise

Regulations, 2016.

(2) In these regulations, unless the context otherwise requires, the terms

used shall be taken to mean as indicated hereunder, and the plural thereof shall be

construed accordingly

“Applicant” means any person applying to be enrolled on a Course;

“Competent Authority” means the board, council or any other entity

established by law as the authority in relation to a given Regulated Profession;

“Complaint” means a complaint regarding a Student’s involvement or

actions in an occurrence, as described in regulation 6, that prima facie exhibits, on

the part of the Student, an impairment of suitability to practise;

“Course” means any programme consisting of education, training or research

and for the purposes of these regulations shall be construed to refer to such Course

that leads to a qualification required at law for the purposes of obtaining a warrant,

licence or registration to practise a Regulated Profession;

“Dean” means the Dean of a faculty or the Director of an institute, centre or

school of the University;

B

“Expulsion” means the permanent removal of a Student’s name from the

register of students of the University and a ban from all facilities and privileges

accorded to students. This notwithstanding, a Student who has been expelled may

only be allowed re-admission with the permission of Senate for such purpose,

which permission may only be granted after the lapse of three years from the date

of expulsion;

“Faculty” means any faculty, institute, centre or school of the University;

“Home Faculty” means the faculty, institute, centre or school of the

University which offers the Course on which the Student is enrolled;

“Panel” means the Suitability to Practise Panel established under regulation

8;

“Placement” means any period of training or work experience undertaken

by the Student, whether as part of a Course or otherwise, and whether remunerated

or otherwise;

“Profession” means “Regulated Profession” as defined in this regulation;

“Professional” means a warranted, licensed or registered member of a

Regulated Profession;

“Regulated Profession” means any profession for which a person is required

at law to obtain a warrant, licence or registration to practise, as may be stipulated in

any act or subsidiary legislation promulgated as part of the Laws of Malta;

“Standards” shall include standards, guidelines, rules, codes of conduct or

behaviour or any such similar document, as follows

(a) as may be applicable specifically to Students pursuing education

that may lead to a Regulated Profession, as adopted and implemented by the

respective Competent Authority;

(b) as may be adopted and implemented by the University or a given

Faculty in relation to one or more Courses;

“Student” means a student enrolled on a Course provided by the University;

“Suspension” means the temporary and normally total exclusion of a student

from any teaching and learning activity offered by the University. During the period

of Suspension, a Student shall not be allowed to register for, or remain registered

on, any study-units; and

B

“University” means the University of Malta.

Applicability

These regulations shall be applicable from 1 st October 2016 onwards.

Purpose

The purpose of these regulations is to establish the responsibilities

of Students following a Course at the University that leads to a qualification

required at law for the purposes of obtaining a warrant, licence or registration

to practise a Regulated Profession, in terms of such students’ professional

suitability to practise and their commitment to their chosen profession

throughout their participation in the Course, as well as the procedures to be

followed by the University in relation to such Students.

Scope

(1) Students’ responsibilities in relation to suitability to practise have

a broader scope and application than the purely academic aspect of a Course. They

encompass all behaviour including that outside the academic or Placement setting

which may reflect negatively on the given Profession or on the University, whether

such behaviour is exhibited within University premises or elsewhere.

(2)

Suitability to practise, in relation to professional work,

includes qualities such as honesty, integrity, resilience, patience and the ability

to help people face difficult situations. Evidence of clear thinking, professional

skills (including clinical and technical skills), sound judgement, sensitivity and

tolerance is required, together with the ability to establish and maintain appropriate

personal and professional boundaries. This demands sound inter-personal and

communication skills as well as both physical and mental ability to carry out the

role appropriately.

(3)

On occasion, Students may be the subject of concerns about

their suitability to practise in relation to the Profession they wish to pursue. It must

be clear to all parties (including Students, academic staff, Placement supervisors or

mentors, Placement examiners) what kinds of concerns or information will trigger

proceedings by the University under these regulations, how the proceedings will be

undertaken and what the possible outcomes can be.

(4)

In relation to Courses as defined in regulation 1, the following

shall apply

B

(a)

the University shall, while first and foremost safeguarding

the welfare and wellbeing of Students and other third parties (including patients

under the care of students), also have regard to the suitability of Students to practise

the Profession they wish to pursue;

(b)

the University shall strive to ensure that only such persons

who demonstrate that they are likely to be suitable to practise are permitted to

undertake a given Course and to graduate therefrom, keeping in mind the welfare of

the potential clients of such persons during their coursework and once they become

warranted, licensed or registered Professionals, the reputation of the University and

the reputation of the respective Profession;

(c)

Students enrolled on such Courses are responsible to conduct

themselves in such a manner that is in keeping with the applicable Standards, thereby

demonstrating their suitability to practise the Profession they wish to pursue;

(d)

each Faculty is responsible to publish such Standards as may

be applicable to Students enrolled on a given Course in such a manner that Students

are made aware of such Standards.

(5) Professional suitability to practise procedures as established

by these regulations are distinct from University disciplinary procedures under

the University Student Discipline Regulations, 2016 and from the University

Assessment Regulations, 2009, the applicability of which may lead to the

imposition of a disciplinary sanction. This notwithstanding, there may be situations

where more than one set of University regulations may be utilised to consider the

University’s position and the professional implications of a Student’s behaviour,

conduct or suitability to practice.

Suitability to practise

(1) Students’ participation in a Course may be terminated if their

behaviour deviates from the relevant Standards or is confirmed to be damaging or

dangerous to other students, employees or officials of the University, or to employees

or clients of Placement settings, or if it is deemed to create unacceptable risk for

the Students themselves and others, or if it brings the University’s reputation into

disrepute.

(2) Students are bound by the Statutes, Regulations, Bye-Laws and

other lawful directions of the University and its officers and employees.

B

Impairment of suitability to practise

(1) For the purposes of these regulations, notwithstanding the

subjectivity of the matter with respect to the given Student, the given Regulated

Profession and the circumstance of each and every case, the following shall be

considered an indicative list of occurrences which may be deemed to impair a

Student’s suitability to practise in terms of these regulations

(a) violent, aggressive or threatening behaviour, whether physical, verbal

or otherwise;

(b) behavioural difficulties or attitudinal problems;

(c) alcohol, drugs or substance abuse or misuse;

(d) any criminal conviction (whether in relation to a crime or contravention,

as defined in the Criminal Code) not disclosed at the time of application and entry

to the Course, or gained whilst enrolled on the Course;

(e) any criminal proceedings to which the Student is subjected in relation

to an alleged offence (whether a crime or contravention, as defined in the Criminal

Code) that can possibly curtail suitability to practise in the Course chosen;

(f) allegations of inappropriate behaviour which would not be acceptable

for a qualified Professional, including, but not limited to, inappropriate clinical

and technical skills, failure to abide with a supervisor’s direction that may lead

to harm of a third party (a supervisor includes a Faculty appointed staff who is

responsible for a Student’s practice), inappropriate sexual behaviour, oppressive

remarks, bullying or harassment, or inappropriate handling of confidential issues;

(g) dishonesty or untrustworthiness including, but not limited to, forgery

and falsification particularly of documents or signatures, misrepresentation of

qualifications or professional experience, theft, or the making of false claims of

any kind;

(h) serious difficulties in managing the lawful demands made of the

Student by University employees or officials;

(i) unexplained absence or sickness records which would threaten

employment if a Student were in work;

B

(j) failure to uphold high standards of professionalism in communications,

including inappropriate use of forms of e-communication, and including, but not

limited to, social networking sites.

(2) Notwithstanding that provided in sub-paragraph (1) of this

regulation, any occurrence of the type referred to in sub-paragraph (1) shall only be

deemed to impair a Student’s suitability to practise in terms of these regulations if,

in the opinion of the University, it is likely to

(i) pose a risk to the Student’s own health, safety and wellbeing and, or

that of others;

(ii) adversely affect a relevant Placement or work-based setting;

(iii) adversely affect the proper operation of the Profession; or

(iv) undermine the Profession or the University or bring the Profession or

the University into disrepute

(3) Notwithstanding that provided in sub-paragraph (1) of this regulation,

there may arise other occurrences not included in sub-paragraph (1) which may, in

the opinion of the University, impair a Student’s suitability to practise in terms of

these regulations.

Suitability to Practise Panel

(1) The University shall have a Suitability to Practise Panel that

shall be tasked with investigating, deliberating and acting on the Rector’s behalf in

relation to Complaints made under these regulations and referred to it by the Rector

as provided in Regulation 8.

(2) The Panel shall be composed as follows

(a) a Pro-Rector shall be appointed by the Rector as Chairman;

(b) either the Dean or Deputy Dean of the Student’s Home Faculty who

shall be appointed by the Rector as a member, provided that where the Dean or

Deputy Dean, as the case may be, is directly involved in the occurrence relating to

the alleged impairment of suitability to practise, the Rector shall appoint a senior

academic from the Faculty concerned in his stead;

B

(c) the Head of the Department being most directly connected to the

Student’s Course from within the Student’s Home Faculty who shall be appointed

by the Rector as a member, provided that such academic shall not be in any manner

involved in the occurrence relating to the alleged impairment of suitability to

practise;

(d) one member shall be appointed by Senate from among the academic

staff of the University, which appointment shall be valid for a period of two years;

(e) one member shall be a student representative appointed by Senate

from among the Senate student representatives, which appointment shall be valid

for a period of two years or until such time as such member’s term on Senate

expires, whichever is the earlier,

provided that where such member, as so appointed, is enrolled in the same Course

as that of the Student being the subject of a Complaint, the Rector shall, with respect

to the proceedings of the Panel in relation of such Student, appoint another student

from among the Senate student representatives to act as a member in such case; and

(f) the Registrar shall act as Secretary to the Panel.

(3) The Panel shall strive to convene its meetings with all members

in attendance. This notwithstanding, it shall be lawful for the Panel to hold up to

one meeting in the absence of a single member, provided that all efforts shall be

made for all members to be present at the meeting during which the Panel finalises

its report containing its recommendations to the Rector.

(4) Where a member of the Panel is unable, for whatever reason, to

continue to attend meetings of the Panel, it shall be within the power of the Rector

to appoint a substitute thereof on written advice from the Chairman, provided that

a given Complaint shall always be dealt with by the same members.

Reconsideration by the Panel

(1) The Panel may, in special circumstances, reconsider its decision

regarding a given Student.

(2) For the purpose of this regulation, “special circumstances” means

solely such circumstances in which new evidence becomes available in relation to

proceedings regarding a given Student, which evidence was not available, or could

not in any manner have been made available, to the Panel during the original

proceedings.

B

(3) Prior to any such reconsideration by the Panel, the Panel shall

first be tasked with determining whether such evidence, having been presented to

it as new evidence in terms of this regulation, could have been provided to it in the

original proceedings relating to the Student or otherwise

Proceedings

(1) Any person may make a Complaint to the Dean of a Student’s

Home Faculty in the event that a Student’s involvement or actions in any occurrence

as described in regulation 6 prima facie exhibits impairment of suitability to practise

on the part of the Student.

(2)

Where the Dean is in receipt of a Complaint in the manner

described in sub-paragraph (1) of this regulation, he shall present the Rector,

without undue delay, a written report regarding such Complaint, attaching thereto

any documentary evidence that may be available to him. The Dean may, at his

discretion, be assisted for such purpose by an ad hoc board appointed by him and

composed of up to four (4) members from among academic staff of the Faculty,

provided that the Dean may, if he so deems fit upon receipt of a

Complaint, suspend the Student for a period of not more than seven (7) days,

pending further consideration of the matter by the Rector.

(3)

The Dean may also draw up a report of his own accord,

without the necessity of having previously received a Complaint with respect to a

given Student, where he is of the opinion that the Student’s suitability to practise

is impaired in terms of these regulations. In such case, he shall present the Rector,

without undue delay, a written report regarding such Student, explaining therein,

in detail, the circumstances related to the occurrence and attaching thereto any

documentary evidence that may be available to him. The Dean may, at his discretion,

be assisted for such purpose by an ad hoc board appointed by him and composed of

up to four (4) members from among academic staff of the Faculty,

provided that the Dean may, if he so deems fit, suspend the Student being the

subject of his report for a period of not more than seven (7) days, pending further

consideration of the matter by the Rector.

(4)

Following the receipt of any report from the Dean as described

in sub-paragraphs (2) and (3) of this regulation, the Rector shall request the Panel

to investigate the Complaint and draw up a charge in terms of these regulations. In

such event, the Rector may, if he so deems fit, suspend the Student, pending further

consideration of the matter by the Panel.

(5)

The Panel shall, within five (5) working days from the day

the Complaint is referred to it by the Rector, inform the Student of the charge by

B

means of a letter to the address as provided by the Student to the University, by

e-mail to the Student’s University e-mail account, and by phone, together with a

copy of these regulations, as well as the date, time, and venue when the Student is

to appear before the Panel to answer to the charge.

(6)

The Student may, within five (5) working days from the date

of communication of the said charge (the charge having been communicated by

letter, e-mail and telephone call), send a written statement admitting or contesting

the charge. The Student shall attend the meeting and may identify witnesses to be

heard by the Panel.

(7)

The Student may be accompanied at the proceedings by a

Student or a friend or a member of his family, in which case the Panel shall be

so notified at least two (2) days in advance of the meeting. If no such notification

is received by the Panel, the Panel has the right to refuse that person entry to the

meeting.

(8)

On the date of the meeting, or on such other adjourned dates

as necessary, the Panel shall hear the person who originally lodged the Complaint

(“the complainant”) with the Dean, any witnesses indicated by the complainant, such

other persons as may be called by the Panel, the Student concerned and such other

persons accompanying the Student. The Panel shall also take cognisance of such

documents as may be referred to it until such time as proceedings are concluded.

(9)

The Panel shall, as soon as practicable, but in any case not

later than ten (10) working days from the date of the last meeting, present a report of

its findings to the Rector recommending the application of any possible disciplinary

or other measures that may apply in terms of these regulations.

(10)

The Rector shall notify the Student in writing of the

disciplinary or other measures being taken in the Student’s regard as soon as

practicable, but in any case not later than five (5) working days from the date in

which the report is received by the Rector in accordance with sub-paragraph (9) of

this regulation,

provided that where the Rector refers the report of the Panel to Senate in the manner

provided in regulation 13, the time period specified in this sub-paragraph shall be

taken to mean five (5) working days from the date in which Senate communicates

its decision to the Rector.

Disciplinary and Other Measures

The measures which may be recommended by the Panel to the Rector

shall include one or more of the following

B

(a) a written reprimand;

(b) a written warning;

(c) the imposition of a follow-up programme to be implemented

under the supervision of a mentor appointed for such purpose by the University

on the recommendation of the Home Faculty, with the purpose of ensuring that

any occurrence that led to the Complaint against the Student is not repeated, or

with the purpose of addressing and resolving the Student’s underlying or repetitive

problems, habits, behaviour, attitude or the like,

provided that the Student shall also be willing, in his own time and at his own

expense, to seek the help of suitably-qualified professionals external to the

University as may be necessary, in order to address the mentioned problems, habits,

behaviour, attitude or like issues that he may have,

provided further that the mentor appointed by the University as contemplated in

this paragraph shall be responsible for supervising the Student and for meeting with

the Student on a regular basis for the duration of the follow-up programme, and for

periodically reporting back to the Rector regarding the Student’s progress. Should

the mentor’s report regarding the Student be a negative one, the Rector shall refer

the Student once again to the Panel in the manner described in regulation 9, for its

further consideration and for any recommendations regarding any possible further

disciplinary or other measures to be taken in the Student’s regard;

(d) Suspension for a given period as indicated by the Rector;

(e) Expulsion from the University.

Periodic Checks

(1) In addition to the requirements of the University to perform such

checks as may be necessary with respect to applicants upon admission in terms

of the University Admissions Regulations, 2016, in the case of Students falling

within the parameters of these regulations, the following checks shall also be made

after the end of the second semester of every given academic year and prior to

the commencement of the first semester of the subsequent academic year, for the

duration of the period in which a Student remains enrolled on a Course

(a) the University shall request the Student, and the Student shall be duly

obliged to provide the University within the indicated deadline with an updated and

recent Police Conduct Certificate; and

(b) the University shall make an application to check the Register kept by

the Registrar of Civil Courts and Tribunals of the Court of Justice of Malta in terms

of article 2 of the Protection of Minors Registration Act.

B

(2) In cases where, following the provision by the Student of such

information as specified in sub-paragraph (1) of this regulation, the University

becomes aware of any new facts in relation to the Police Conduct Certificate of

the Student, or in relation to the registration of a Student in terms of the Protection

of Minors Registration Act, the Registrar shall refer the matter to the Rector who

shall treat it in the same manner established in these regulations for the purposes of

handling of a Complaint, and all the relevant provisions of these regulations shall,

mutatis mutandis, apply thereto.

Powers of the Panel in Urgent Cases

The Panel may, in cases which the Rector deems urgent, abridge

or dispense with any time periods or formality provided for in these regulations,

provided that it shall ensure that the Student concerned is given a fair hearing

notwithstanding such abridgements or dispensations.

Reference to Senate

Where the report of the Panel recommends to the Rector the

Expulsion of a Student from the University, he shall, prior to the taking of such

action, refer the report to Senate for its final decision thereon.

Confidentiality

(1) The University shall handle all matters related to Students

under these regulations with due care, in particular with respect to confidentiality

required in relation to sensitive personal data and other data of a confidential nature

pertaining to the Student and other third parties, and shall ensure that all such data

is handled and stored accordingly.

(2) Documentation relating to the proceedings, from the point of

the decision to refer a matter to the Panel onwards, shall be confidential to members

of the Panel, the Dean and the University staff members involved. Apart from the

Complaint and the final decision regarding the Student, no other documents relating

to any proceedings under these regulations shall be recorded in the Student’s file.

Such other documents shall be placed in a file raised for the Panel meetings and

kept securely in the office of the Registrar. Any documentation held by members of

the Panel shall be returned at the end of the process to the Chair and surplus copies

shall be destroyed confidentially.

B

(3) While all issues shall be handled in confidence in terms of

this regulation, it may nevertheless be necessary for certain related information

to be made known to a third party or parties, including, but not limited to the

following

(a) in the event of the imposition of a follow-up programme in terms of

regulation 10 (c); and

(b) notwithstanding that documentation relating to decisions of the Panel

shall not be generally used for references requested by prospective employers,

information about a Student (or past Student) who has been found unsuitable to

practise shall normally be made available to prospective employers upon their

request; provided that the employer making the request requires such information

in relation to the possible offer of employment to the Student (or past Student) in

the same field as the specific Profession in relation to which the Student was found

unsuitable to practise under these regulations. Such information shall normally

also be made available to the appropriate authorities upon their request, under any

applicable legislation obliging the University to inform such authorities accordingly.

(4) In all cases where the Student’s registration on a Course has been

terminated, the Registrar shall duly notify the relevant Competent Authority thereof.

€1.08