Frequently-Asked-Questions by University Staff
1. A student has come to me and shown me a Disability
Services Centre Card. What does this mean?
A Disability Services Centre Card verifies that the Student has a disability
or medical condition that may affect them in their studies. The provision
of appropriate documentation to the DSC (from a doctor, counsellor or
psychologist) is a condition of receiving the Card. (See Question 11
for further information about the provision of supporting documentation.)
DSC Cards are intended to facilitate a discussion between a lecturer
and a student with a disability about reasonable means of addressing
any disadvantage that the Student may face (relative to other students),
when meeting course requirements. If you have any doubts or concerns
about any adjustment requested, or you are unsure how to meet the needs
of a student, please contact the DSC to discuss the matter and determine
whether the requested adjustments are appropriate.
Commonwealth and ACT anti-discrimination legislation requires all
educational institutions to make reasonable adjustments to cater for
the effects of (or disadvantage caused by) a person’s disability
(see Question 7 for further information).
The Disability Discrimination Act (DDA) Standards for Education outlines
a number of steps and considerations for deciding whether to make a
reasonable adjustment, and if so, what reasonable adjustment(s) to make:
a) The effects of the Student’s disability on their studies;
b) The views of the Student;
c) The effects of any adjustment on the Student;
d) The effects of any adjustment on other parties, including the University,
staff and other students; and
e) The costs and benefits of making the adjustment.
The University is not required to compromise the academic requirements
of a course or program when making reasonable adjustments.
If you have any concerns, further advice and information on these
issues can be obtained from the Disability Services Centre. Questions
7 to 11 also go into these matters in greater depth.
2. The Disability Services Centre Card refers
to Group A and Group B students. What does this mean?
Upon registering with the Disability Services Centre all students are
assigned either Group A or Group B status.
Group A Students have a longer term medical condition
that is relatively unchanging in nature. Once Group A Students have
provided appropriate supporting documentation from a doctor, counsellor
or psychologist, they are eligible to receive services from the DSC
on an ongoing basis.
Group B Students have medical conditions that are
shorter term or and/or variable in nature. Eligibility for the receipt
of services from the DSC is contingent on Group B Students providing
appropriate supporting documentation at least once every semester.
The expiry date on the Card indicates when the Student should see
the DSC, and (where appropriate) provide updated supporting documentation.
Upon seeing the DSC (and providing updated supporting documentation
where necessary), the Student will be given a new DSC Card.
3. What Services does the Disability Services Centre provide?
The DSC will provide a range of services, depending on the nature of
the effects of the disability, the requirements of the particular courses
being studied, and students’ individual needs. A Disability Advisor
will make an initial assessment of a student’s needs, based on
the medical documentation supplied, and, in consultation with the Student,
prepare a plan of action to address those needs.
Some possible services include:
· Advocacy
· Access
· Note-taking
· Alternative Exam arrangements
· Tutoring
· Assistive Technology access, training & support
· Equipment Loans
· Rest Area
· Referral to other services or agencies (Counselling, Health,
Academic Skills and Learning Centre, University Welfare Officer etc.)
· Other support as needed
4. Who can register with the Disability Services Centre? Is it only students who are blind or use wheelchairs?
The Disability Services Centre deals with a wide range of illnesses and
conditions that may affect study. They cover sensory impairments like
vision and hearing, mobility impairments, chronic medical conditions
(such as Chronic Fatigue Syndrome, Kidney Disease, Diabetes, etc.),
difficulties with writing or using a keyboard and mouse, mental health
issues (such as depression or anxiety) and learning disabilities. They
deal with permanent and temporary or variable conditions (such as broken
legs or illnesses like Chronic Fatigue Syndrome or Kidney disease.)
Students will be required to provide appropriate medical documentation
to verify the illness or impairment before DSC registration can be finalised.
5. Who supports University Staff with Disabilities?
Staff with disabilities who require support from the University, should
contact the Equity and Diversity Unit for assistance. You can contact
the Equity and Diversity Unit on 02 6125 3352 or 02 6125 3595. You can
also e-mail EquityandDiversityUnit@anu.edu.au
6. Do students have to tell lecturers about
their disability?
Students have the choice about who, when and how much information about
their disability or illness they disclose to academic staff and other
people at the ANU. They will need to disclose to some parts of the University
for some adjustments (such as changes to exam conditions, note-taking
or access to some technology) to be put in place, but the DSC can act
as a filter to limit the extent and detail of disclosure to other areas
of the University, and students can choose the level and types of disclosure.
On registration with the DSC, all students are asked to sign a "Release
of Information" form where they are able to determine the level
and type of disclosure they consent to.On registration with the DSC,
all students are asked to sign a "Release of Information"
form where they are able to determine the level and type of disclosure
they consent to.
Disclosure to staff of the university is on a "need to know"
basis. The role of the DSC is to determine the nature of adjustments
required, and detailed disclosure of the nature of a student's disability
is usually only provided to staff when such knowledge is necessary to
implement adjustments. Information on a student's disability is often
sensitive, and should not be disclosed to other people unless it is
necessary.
The University respects students’ rights to privacy and confidentiality
and has developed a Policy
on Disclosure of Information by Students with a Disability or Illness
or there is a very comprehensive Disclosure
Resource available for more detailed information. See also ANU
Legal Office Privacy FAQS
7. What is Reasonable Adjustment?
“Reasonable Adjustment” is a legal term that refers to
the practice of making variations to the usual policies, procedures
or requirements to adjust for the effects of a student’s disability.
The purpose of such adjustments is to allow the Student with a disability
to compete on their merits, rather than being unnecessarily disadvantaged
by the disability. They are not designed to give students with a disability
any advantage over other students, but rather to avoid disadvantage.
For example, a student who is blind would not be able to read a printed
examination paper, so a reasonable adjustment would be to provide the
paper in such a way that the Student could read it, such as in electronic
form, where they could use a Screen Reader program to listen to the
paper’s content. Since this process is more time consuming than
simply reading a printed exam, they would also be given some more time
to complete the exam.
What is considered a Reasonable Adjustment will depend on the effects
of the disability, the requirements of the particular course being studied
and the particular resources available to the student and the university.
It is the role of the Disability Services Centre to determine what the
appropriate adjustments are for each student with a disability registered
with the unit.
8. If a member of staff
from the Disability Services Centre advises that a course of action should
be undertaken, and I don’t “follow through” with advice
given by the DSC, what will the implications be?
Disability Services Centre staff have been employed by the University
because they possess specialist knowledge and skills regarding the requirements,
and application of relevant legislation, standards, policies and procedures.
The University Legal Office has also stated that it is appropriate to
rely on specialist services such as the DSC in making decisions about
whether to make academic adjustments.
Failing to implement advice that has been provided by the DSC may mean
that you could be personally liable under either the Commonwealth Disability
Discrimination Act 1992 or the ACT Anti-Discrimination Act 1991. The
maximum penalty for certain offences under the DDA is 6 months in prison.
However, although there may be significant implications if you do
not implement advice from the DSC, on many occasions, interaction between
DSC staff and other university staff involves processes of negotiation.
This is because the achieving the best outcomes requires an in-depth
understanding of course material, assessment and structure; as well
as the nature of a student’s disability and any disadvantage this
may cause. Lecturers, students with disabilities, DSC staff and other
professionals (such as doctors, counsellors and psychologists), all
have relevant knowledge that can be taken into consideration.
If for any reason, you believe that advice given by the DSC has not
taken sufficient account of the academic requirements relating to your
particular Course or Program, please contact
the DSC to discuss whether any further adjustment needs to be made.
Communication with the DSC in such cases is much more likely to result
in a good all-round outcome, than will refusing to comply with DSC recommendations.
9. If a student with a
disability asks for an adjustment to be made due to the effects of their
disability or medical condition, and I don’t make that adjustment,
is this discrimination?
If you believe that an adjustment may result in unjustifiable hardship
to the Student concerned, other students, a staff member or the University,
you should contact the Disability Services Centre. Refusal to make an
adjustment that would NOT in fact result in unjustifiable hardship,
may result in an individual staff member and/or the University being
liable under Commonwealth and/or ACT anti-discrimination legislation.
As mentioned in Question 1, there are at least five different considerations
that should be taken into account when deciding whether to make a reasonable
adjustment, and if so, what reasonable adjustment to make. The University
has a legal obligation to make reasonable adjustments to address disadvantage
that occurs as a result of a student’s disability or medical condition,
provided that:
a) The Student is able to meet the inherent requirements
of the Course or Program;
b) The reasonable adjustment does not result in the Student gaining
an unfair advantage over other students;
c) The overall academic integrity of the Course or Program is not compromised;
and
d) The reasonable adjustment does not result in unjustifiable hardship
to the Student concerned, other students, university staff or the University
itself.
10. If I am unsure how
to address the effects of a particular disability or medical condition,
can I contact the Disability Services Centre?
Yes. The Disability Services Centre exists to provide services to address
disadvantage faced by students with disabilities, and this includes
assisting other university staff to provide services to students with
disabilities. The DSC is able to advise staff on issues relating to
the impact of a wide range of disabilities on students’ ability
to study, appropriate ways to assist students with disabilities, the
implications of relevant legislation and university policies, how to
achieve equity with other students, how to maintain the academic integrity
of courses when assisting students with disabilities and so on.
As mentioned in Question 8, interactions between DSC staff and other
university staff often involve a process of negotiation. However, whilst
a process of negotiation is usually the best and easiest way of getting
to a good outcome, the University is also required to adhere to the
provisions of a range of legislation, including:
· The Commonwealth Disability
Discrimination Act 1992 (Including Standards
for Education 2005)
· The Commonwealth
Privacy Act 1998
· The ACT
Discrimination Act 1991; and
· The ACT
Human Rights Act 2004.
Consequently, staff should be aware that if they do not follow advice
given to them by the DSC, they might be personally liable under one
or more of the above pieces of legislation.
11. A student has requested
an extension on an assignment based on medical grounds, with written
support from the DSC. Can I ask for more detailed medical documentation
to support the application?
Disclosure of medical information is a sensitive issue, and students
may choose to limit the disclosure of information about their illness
or disability. However, in order to gain registration and support from
the DSC, the Student will have had to provide appropriate medical documentation
to support the adjustments they require.
Services such as the DSC, the Counselling Centre and the University
Health Service have experience and skills in assessing medical documentation
and have strict guidelines for making recommendations for academic adjustments.
The University Legal Office
has stated that it is appropriate to rely on the knowledge and expertise
of these specialist services in making decisions about whether to make
academic adjustments.
The requirement for students to provide appropriate medical documentation
to the DSC, and the experience and skills of DSC staff in assessing
the documentation and recommending adjustments within strict university
guidelines, should mean that there is no need to ask for more detailed
medical documentation. Furthermore, such a request may undermine a student’s
right to privacy, and contravene the Commonwealth Privacy Act 1998.
If you think that a Student’s adjustment will mean they are not
demonstrating that they have met the inherent requirements
of the Course, or you have any other concerns, you are welcome to contact
the DSC. The DSC will not be able to give you any further medical information
unless the Student has given written permission for this to happen.
The goal of academic adjustments is to provide the Student with an
adjustment that, rather than giving them an advantage, enables them
to overcome the effects of their disability in order to compete fairly
with their peers. In making these decisions, DSC Staff who are expert
in the effects of disability on studies, and academics, who are experts
in the requirements of their courses, need to work together to reach
a fair and equitable outcome for the Student, other students, university
staff and the University itself, with particular emphasis on the Student’s
rights under Commonwealth and ACT ant-discrimination legislation and
the Disability Standards for Education.
12. Is Repetitive Strain Injury
(RSI) or Occupational Overuse Syndrome (OOS) a disability?
Yes. In fact, it can be a significant restriction on a person’s
capacity to study, research, write or use a computer, all of which are
fundamental to successful university study these days. The Disability Services Centre has a significant number of students registered with RSI
or OOS, and we have a range of strategies available, (such as training
in the use of Voice Recognition software and access to computers running
the technology) which can assist in dealing with the effects of the
injury.
However, the best way of dealing with RSI is to avoid developing it
in the first place. To that end, the DSC has some brochures available,
which can provide advice to help prevent the condition developing.
13. Does the Disability Services Centre deal with students who have mental health conditions?
Yes. Mental Health conditions are included in the definition of disability
in the legislation, the ANU Disability Policy and Disability Services Centre procedures and policy. We have students with a range of mental
health conditions such as Depression, Anxiety, Schizophrenia, Bi-Polar
Disorder, Post-Traumatic Stress Disorder, etc who are studying successfully
at the ANU.
Because many mental illnesses are episodic in nature, one of the most
common adjustments required is to provide some flexibility in University
deadlines when they coincide with episodes of severe symptoms of the
illness.
14. Are international students
able to register with the Disability Services Centre?
Yes. International students have the same rights to adjustments for
the effects of their disabilities on study as any other students. They
can register with the DSC under the same conditions and procedures.
That includes the need to provide appropriate medical documentation
before registration can be finalised.
15. Does having English as
second language count as a disability?
No. Even though students may be disadvantaged by having English as
a second language, it does not constitute a disability under the terms
of the legislation or ANU policy.
There may be some adjustments made for the disadvantage experienced
by ESL students (consult with your academic area to find out) but not
as a disability.
16. How do we
determine the Inherent Requirements of a course?
Background:
The Disability Discrimination Act Education Standards (The Standards)
sets out the obligations of education providers to facilitate access
to education for students with disabilities. The legislation requires
educational institutions to make “Reasonable Adjustments”
to courses, facilities, assessment, etc. to address the effects of disabilities.
The Standards apply in the following areas:
· Enrolment,
· Participation,
· Curriculum Development Accreditation and Delivery,
· The Provision of Student Services,
· The Prevention of Harassment and Victimisation.
There are a number of exceptions, requirements and processes that must
be addressed by education providers to ensure that they meet their obligations
under the Standards. Adjustments are to be provided in a reasonable
time, must allow access “on the same basis” as other students
and should not undermine the academic integrity of the course.
Inherent Requirements
There are several terms that are important for university staff to
understand and comply with. One of the most significant for academic
areas is the concept of the Inherent Requirements of a course. Inherent
Requirements are not just compulsory or traditional requirements, but
are those requirements that are fundamental or essential to the learning
and assessment requirements of the particular course. In other words,
the academic area should ask itself “What are we REALLY
teaching and assessing here? What is it that is essential
for the student to know to meet the requirements of the course?”
It is not enough to simply state that the requirements are inherent,
nor is it appropriate to try to judge the potential employment outcomes
of the student on completion of study. Judgements should be made on
whether the student is able to meet the academic requirements only.
One way to view the nature of inherent requirements is to say “Am
I confident that I could defend the essential or fundamental academic
nature of these requirements in a court of law?” “Have I
examined all the possible alternative strategies and adjustments that
could enable the student to meet the course requirements?”
In other words, the decision on inherent requirements should be based
on substantive, defensible academic rationales, not simply on traditional
practices.
Where a student is able to meet the inherent requirements through alternative
strategies for teaching, learning and/or assessment, through access
to technology or other adjustments, the university is obliged to make
the appropriate adjustments or implement the strategies required.
This decision on inherent requirements may be further complicated in
some circumstances by the requirements of external accreditation bodies.
Where external accreditation and approval is essential to the teaching
and learning practices and outcomes (such as the requirement for student
registration with the NSW & ACT Medical Boards to be able to participate
in clinical practice activities in hospitals for Bachelor of Medicine
degrees) they may, in fact be viewed as inherent requirements. Where
external accreditation may be necessary for employment in a particular
field after graduation ((such as Psychologist Registration Board) but
not necessary to meet the academic requirements of the course, they
would not be deemed to be inherent requirements. People choose to study
particular courses for many reasons apart from direct employment outcomes,
and the issue of external accreditation would be one for the accrediting
body rather than the university in this case. The university is not
allowed to refuse the enrolment or progress of a student on the basis
of potential employment outcomes.
The application of the concept of Inherent Requirements is designed
to ensure the academic integrity and rigour of courses are maintained,
without imposing unnecessary barriers and impediments to study for people
with disabilities.
For more information on the process for determining Inherent Requirements,
go to: http://www.adcet.edu.au/
and search for “inherent requirements.”
17. What is difference
between Special Exam Arrangements, Special Consideration and Special
Exams?
Special Exam Arrangements, Special Exam, Special Consideration
There are basically three different types of "Special" categories
related to exams - Special Exam Arrangements (SEAs), Special Consideration
(SC) and Special Exams (SE). They all address different issues, and
unfortunately, people sometimes get them mixed up with each other (probably
because they are all "special" - I am trying to get the nomenclature
changed, but because they are in the exam rules (http://www.anu.edu.au/cabs/rules/examsrules.pdf),
it is not that easy.)
Special Exam Arrangements (I prefer Alternative Exam Arrangements)
SEAs are designed to address any disadvantage students may face in
sitting an exam because of their disability or medical condition. They
adjust the exam conditions to allow the student to compete more equally
and to meet the exam requirements. For example, it is rather pointless
giving a blind student a written exam paper and expecting them to be
able to complete the paper he cannot read. Depending on the student's
normal mode of working, we may provide the paper in electronic form,
so that the student could use a Screen reader program to provide them
with an audio reading, or they may require a reader/scribe to read the
questions and copy the answers, or they may need to work in braille.
Other students may require different arrangements - some people may
go through an inherently more time consuming process, and so may have
extra time allocated, some people may need acces to ergonomic furniture
or a computer, some may need rest breaks, because of difficulties sustaining
work capacity for extended periods without a break, etc. When we approve
SEAs, it is designed to provide that level playing field to allow the
student to demonstrate their knowledge and mastery of the examinable
material on an equitable basis. If we get the SEAs right, then they
should shine or fail on the merits of the work they produce.
The DSC strives to ensure that students are not given any advantage
over other students by their SEAs, and it should be noted that whatever
SEAs are approved are the minimum necessary to address the impact of
the disability. Sometimes SEAs may entail alternative assessments such
as assignments, Split exams, oral exams or take home exams or perhaps
the use of technology such as Screen Readers, Voice recognition, etc.
The DSC has booklets available (in print or on the web) on Alternative
Assessments (http://www.anu.edu.au/disabilities/resources_for_staff/alternative_assessment.php
) and managing Oral Examinations (http://www.anu.edu.au/disabilities/moeswd.html
) which may be helpful to Faculty members at times. We are happy to
provide Print copies if needed.
The Examination Rules allow the DSC to approve SEAs for students registered
with us. Faculties are able to contact the DSC if they have any concerns
about the appropriateness of the approved SEAs, but basically, we have
the responsibility of ensuring that the appropriate SEAs are approved.
Approval Advice Forms are generated through the DSC database and are
emailed to a nominated contact person in each Faculty or Admin area.
The Exams Ofiice is able to generate reports and advice letters from
the DSC database in order to implement the SEAs more efficiently.
Students may still apply for SEAs to the Faculty through other avenues
such as medical practitioners, ANU Counsellors, etc. in which case the
Faculty is the approving agency. SEA Forms are available from the Exams
office for students or Faculty offices if needed.
Special Consideration
Special Consideration is designed to address disadvantage experienced
by students in the preparation and/or the performance of the examination.
This may due to chronic pain, severe episodes of symptoms, restrictions
on the amount of time students can work, or even other factors such
as a death in the family or a car accident on the way to the exam. Basically,
those things which cannot be addressed by altering the conditions of
the exam itself. For example, a student experiencing severe pain, which
affects their concentration, memory and stamina, is not going to be
helped by SEAs which won't take away the pain.
The Special Consideration Form, explaining the circumstances which
have adversely affected the student's preparation and/or performance,
is attached to the exam script, and is taken into consideration in the
marking process. The Form can be endorsed by a medical practitioner,
ANU Disability Advisor or ANU Counsellor, but the decision on the extent
of any consideration is the examiner's.
Misadventure or illness or disability problems during the examination
may also be covered by an Invigilator's report. Forms are available
from the exams office, the DSC or on the web at: http://www.anu.edu.au/sas/examinations/application_for_special_consideration.pdf
Special Exam (I would prefer the term "Deferred Exam")
This is where a student is unable to sit the exam on the set day, and
applies to sit it at another time. Once again, the student needs to
fill out a form explaining the circumstances which prevented sitting
the exam, which should be endorsed by a Medical Practitioner, DSC Disability
Advisor, ANU Counsellor, etc. This application is then sent to the Faculty
where a decision is made on whether the Special exam is approved or
not, and the date of the Special Exam.
Applications must be submitted within 3 working days of the completion
of an exam and Forms are available from Exams Office, DSC or on the
web at: http://www.anu.edu.au/sas/examinations/application_for_special_exams.pdf
Sometimes DSC students will apply to change the date of an exam because
their disability would not allow them to complete timetabled exams without
damage to their health or creating major disadvantage. For example,
students may be able to do an exam, but may need more recovery time
than other students before they are able to sit another exam. In which
case the Disability Advisor would look at the pattern of scheduled examinations
and determine which exam(s) need to be moved to provide the necessary
time between exams with the minimum disruption.
DSC staff would only recommend a Special Exam or other alternatives
such as Split exams, etc as a last resort, and where there is no alternative
that does not place the student's health at risk, or puts them at a
significant disadvantage. All students registered with the DSC provide
appropriate medical documentation before they can be registered, and
we operate under the legal definitions and requirements of the Disability
Discrimination Act (DDA) Disability Standards for Education which
obliges the university to provide "reasonable adjustments"
for students with disabilities to ensure equity of access, and consequently,
our role is not only to facilitate equity for students, but also to
protect the university and its staff from potential litigation.
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