UNIVERSITY SUITABILITY TO PRACTICE REGULATIONS

SUBSIDIARY LEGISLATION 327.557

UNIVERSITY SUITABILITY TO PRACTICE

REGULATIONS

21st October, 2016

LEGAL NOTICE 345 of 2016, and 238 of 2017 and 206 of 2019.

(1) The title of these regulations is the University

Suitability to Practise Regulations.

(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;

" c o m p l a i n t " m e a n s a c o m p l a i n t r e g a r d i n g a S t u d e n t ’s

involvement or actions in an occurrence, as described in regulation

6, th at pri ma fa ci e ex hi bi t s , o n t he p a r t o f t he St ud e n t , 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;

"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

"University" means the University of Malta.

These regulations shall be applicable from 1st August 2019

onwards.

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.

(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

(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, and from the University Assessment Regulations, 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.

(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

UNIVERSITY SUITABILITY TO PRACTICE

and other lawful directions of the University and its officers and

employees.

(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;

(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.

(k) Students are obliged to divulge information about any

physical or mental health problem that could affect the

safety of clients/patients at placement settings.

(2)

Notwithstanding that provided in sub-regulation (1), any

occurrence of the type referred to in sub-regulation (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

(a) pose a risk to the student’s own health, safety and

wellbeing and, or that of others;

(b) adversely affect a relevant placement or work-based

setting;

(c) adversely affect the proper operation of the profession;

or

(d) undermine the profession or the University or bring

the profession or the University into disrepute.

(3) Notwithstanding that provided in sub-regulation (1), there

may arise other occurrences not included in sub-regulation (1)

which may, in the opinion of the University, impair a student’s

suitability to practise in terms of these regulations.

(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;

(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.

(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.

(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.

(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-regulation (1), 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-regulations (2) and (3), 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 fifteen (15) working days from the day

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

charge by 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 seven (7) 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 seven (7) working days from the

date in which Senate communicates its decision to the Rector.

The measures which may be recommended by the Panel to

the Rector shall include one or more of the following

(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.

(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,

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

t h e c o m m e n c e m e n t o f t h e f i r s t se m e s te r of t h e s ub s e q u e n t

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 Courts of Justice of Malta in terms of

article 2 of the Protection of Minors (Registration)

Act.

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

such information as specified in sub-regulation (1), 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.

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.

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.

(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.

(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.