3.1. The Panel shall consider only such cases referred to it by:
(1) (a) a primary referring body;
(b) a secondary referring body which has first consulted with the relevant primary referring body and the latter has indicated that it does not see a reason itself to make a referral but has no objection to the secondary referring body doing so; or:
(c) a secondary referring body falling within the ambit of regulation 3.2;
(2) (a) the Proctors;
(b) the Student Disciplinary Panel;
(c) the Student Appeal Panel;
where under the relevant statute or regulation there are powers to suspend hearings until such a view is sought.
3.2. Where a secondary referring body has first consulted with the relevant primary referring body and the latter has refused to make a referral, the secondary referring body nonetheless has the right, irrespective of the view of the primary referring body, to ask the Chair of the Panel to review the matter. In such cases, the Chair of the Panel must request and, if such are received, consider representations from the primary and secondary referring bodies, and shall determine in the light of such representations whether the case should be referred to the Panel for consideration. In the event of a positive determination, the Panel shall consider the case.
3.3. Notwithstanding regulation 3.1, the Panel may consider only such cases concerning the fitness to study of a named student as fall within the relevant referring body’s jurisdiction and provided always that it is reasonably satisfied that any other reasonable recourse or mechanism available, either under the governing primary, secondary or other rules of the relevant referring body or under the statutes and regulations, has first been followed.
3.4. Notwithstanding regulations 3.1 and 3.2, the Chair of the Panel shall be entitled to rule that a case which has been referred should not be further considered by the Panel on the basis that it falls outside the Panel’s jurisdiction as defined in these regulations.
3.5. (1) The Panel shall make determinations in respect of a student’s fitness to study on behalf of the University and make such recommendations to referring bodies as it shall consider necessary and proportionate, given the factors specified in regulation 3.8. Decisions and recommendations may include but are not limited to the following:
(a) a decision or recommendation that a student is not fit to study in accordance with section 6 of Statute XIII;
(b) a decision or recommendation that the student is fit to study in accordance with section 6 of Statute XIII;
(c) a decision or recommendation that the student’s continued access to University and college facilities and premises be subject to certain conditions;
(d) a decision or recommendation that a student’s access to University and college premises and facilities be suspended for a specific, or for an indefinite, period;
(e) a decision or recommendation that a student be withdrawn from their course or programme of study (if suspension under paragraph (d) above is not appropriate);
(f) a recommendation that the matter is dealt with by the college under procedures determined by the college.
(2) The Panel shall seek the views of the student’s college and department/faculty before making a decision or recommendation under paragraph (1) above.
(3) The decision of the Panel shall be final and marks the completion of the University’s procedure concerning fitness to study.
3.6. Notwithstanding regulation 3.5, the Panel may refer back for resolution to the primary or secondary referring body, as appropriate, any case which it believes may best be resolved by that referring body’s own internal processes.
3.7. Notwithstanding regulation 3.5, the Chair of the Panel may, in cases of demonstrable and serious urgency, recommend after discussion with the primary referring body that such interim measures be adopted as are necessary and proportionate until such a time as the case may be determined by the Panel.
3.8. In considering a case the Panel (or, in the case of regulations 3.4 and 3.7, the Chair of the Panel) shall:
(1) apply the definition of ‘fitness to study’ set out in section 6 of Statute XIII;
(2) be entitled to employ or to draw upon suitably qualified expert advice, including expert medical, psychiatric and legal advice;
(3) have due regard to the obligations of the University and the student’s college under equality legislation and the duty to make reasonable adjustments.
3.9. In accordance with section 11 of Statute XIII, if a student who faces disciplinary proceedings under the University’s procedures is referred to the Panel, the disciplinary proceedings shall be suspended pending the Panel’s consideration of the student’s fitness to study and shall recommence automatically if it is the decision of the Panel under regulation 3.5 that the student is fit to study.
3.10. (1) In circumstances where a student’s condition or conduct gives rise to a need for immediate action, the Proctors shall have power to suspend that student pending consideration by the Panel of his/her fitness to study.
(2) Each suspension under paragraph (1) above shall be reviewed by the Proctors at least every 21 days.
3.11. Any information received by the Panel or the Proctors in respect of matters concerning a student’s fitness to study shall be regarded as strictly confidential and any person or body dealing with such information shall have due regard to the duty of confidentiality attaching to the information concerned.