FAQ Sheet 18:
What are my rights against disability discrimination at university?
What are my rights to privacy about my disability?
Knowing your rights and responsibilities as a student with disability will help you to understand what is required of you and your entitlements at university. Understanding your rights and responsibilities will help to resolve many of the difficulties you may encounter in your university career, particularly during this crucial transition period.
We have also included hints and tips from a national student organisation for students with disability about how to succeed as a student with a disability.
Disability Discrimination Act (1992)
The Disability Discrimination Act 1992 (DDA) gives students with disability the right to have fair and equal access to university without being treated less favorably or unfairly disadvantaged based on their disability. Universities are legally required to make reasonable adjustments in all areas of university life including:
- applying for admission
- enrolment procedures
- physical access to facilities and around campus
- studying
- course participation
- assessment procedures and
- participation in student activities.
The following is information adapted from 'Choosing Your Path. Disclosure: It's a Personal Decision' (2004) by Anna Mungovan and Fran Quigley. These points offer a brief summary of the details generally relevant to students with disability. Individual students should seek expert legal advice if pursuing a specific action of disability discrimination complaint.
- The Disability Discrimination Act is applicable to all students with a disability, including international students, part-time students and-full time.
- The Act requires educational institutions to put in place actions to help ensure equal opportunity for people with a disability, commonly referred to as 'reasonable adjustments' or 'education related adjustments'.
- The legislation does not specify the types of adjustments required to remove discrimination. Each case needs to be considered in its own circumstances and previous case law.
- Some examples of education-related adjustments in the educational environment include:
- changes to the physical environment, such as modified physical spaces or provision of equipment
- modifying communication systems or information provision
- providing course materials in alternative formats
- provision of interpreters, readers etc.
- alternative assessments and/or examinations
- provision of a private room for undertaking exams.
- The legislation allows for a university to decline making adjustments to accommodate a student's disability if the change or support required is unreasonably costly, impractical and/or intrusive to others working or studying in the context. This is called 'unjustifiable hardship'.
- A university is responsible for making all possible efforts to put in place reasonable accommodations before claiming unjustifiable hardship. The university is also required to thoroughly assess the applicant's request for education-related adjustments before claiming unjustifiable hardship. This includes assessing:
- direct costs
- any offsetting, subsidy or other financial benefits available in relation to the accommodation or in relation to the student
- indirect costs and/or benefits
- how far an adjustment represents any additional cost above the cost of equipment or facilities which are or would be provided to a student similarly situated who does not have a disability
- how far an adjustment is required in any case by other applicable laws, standards or agreements
- relevant skills, abilities, training and experience of a person seeking the accommodation.
Disclosing your disability
Disclosing your disability to a university is a matter of personal choice. If your disability is likely to affect your studies it is generally considered in the student's best interest to do so. The following information is also adapted from 'Choosing Your Path. Disclosure: It's a Personal Decision' (2004) by Anna Mungovan and Fran Quigley.
- Students are not obliged to disclose their disability unless they are requesting adjustments and/or support services from the university.
- University staff can only disclose this information to others with the written permission of the student.
- The university should only collect information about a student's disability where it is relevant to their study and/or participation at university.
- When accessing disability support services students should expect to be asked to disclose information about their disability, medical history, support and performance in secondary school and any other education contexts, details of family and/or other social support networks.
- Any information you provide about your disability should not be used to discriminate or unfairly disadvantage you in any way.
- The university is legally obliged to treat information about your disability respectfully, privately and confidentially.
- Students have the right to request access to any personal information about them held by the university. The university is obliged to release the details to the student unless it considers the information on record to pose a health and/or safety risk to the student or another person. If this is the case the university should release as much information as possible whilst withholding the specific details it considers to pose a risk.
Tips and hints for students with disability
Australasian Network of Students with Disabilities (ANSWD) is a national student organisation for TAFE or university students with disabilities. ANSWD helps to make sure that students with disabilities have reasonable access to education by working with staff at universities and TAFEs throughout Australia and New Zealand. ANSWD aims to encourage a learning environment that is equal for all students. You can find out more information by visiting their website at www.answd.org
ANSWD hints and tips for students
- Set up a safety net early (e.g. make yourself known to teachers, lecturers and tutors, (especially if you have any episodic health problems). Don't wait to get assistance if experiencing problems.
- Start your work early (in case life or health impedes finishing work later on).
- Make use of the Learning Assistance Unit/counsellors/disabilities service if necessary.
- No-one will do these things for you (search out your own support mechanisms).
- Strive to become an independent learner.
- Participate in tutorials (and do all readings beforehand).
- Time management is a vital issue (organise your time well).
- Don't feel a failure if you need to drop a subject.
- Come to understand how you learn best and work on weaker areas.
- Being organised, planning ahead.
Remember:
- that it is better to ask for help early, rather than after the wheels fall off,
- that there are services to meet individual needs,
- that part-time study is perfectly acceptable,
- be realistic about what you can expect of your body/brain, and don't put yourself down if you need to study part-time, or even defer and
- don't ever give up-there are plenty of cases where doctors and specialists have told a student that they cannot do something and then they go right ahead and do it!