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ANU Staff Disability Information Guide

Contents:

1. Introduction

2. General Awareness

3. Working with students with a disability in a Tertiary Environment

4. Inherent Requirements
5. Confidentiality, Disclosure & Documentation
6. Legislation (DDA and Education Standards)
7. Disability Resources & Policies for ANU Staff

8. Conclusion

This Guide has used material from a similar guide published by the University of Newcastle, and is used with the kind permission of the author. We would like to express our appreciation for allowing us to use this material.

Introduction

Over the past 15 years, the number of students in post secondary education has increased dramatically. At this University there are usually about 550 plus students registered with the Disability Services Centre (DSC) at any one time, and the DSC dealt with 720 students during 2005. Demand for DSC services has increased by 380% in the last 5 years. On the plus side, 127 students who had been registered with the DSC graduated from the ANU in 2005, and 57 students graduated in July 2006.

As Staff of this university, we have a responsibility to work with all students and be aware of their rights and responsibilities. Students with a disability are no different to other students in relation to this.

Students with a disability will often have particular issues that need to be taken into account during the course of their study. Some students with physical disabilities may need physical adjustments, while others may require adjustments in relation to their coursework. Some may only require adjustments for exams and some may not need any adjustments at all.

The aim of this information package is to increase your awareness of disability issues – in particular issues relating to students with a disability in the tertiary environment. It also aims to increase your awareness of your responsibilities in relation to the law and university policies and provide you with some practical tools to assist you in working with students with a disability.

The key issue to remember is that students with a disability are students first. They are studying for exactly the same reasons as any other student and have to meet the same academic criteria as any other student.

General Awareness

What is a disability?

As defined by the Disability Discrimination Act (1992), ‘disability’ means:

The DDA covers a disability which you:

The DDA also covers you from being discriminated against because:

The DDA also protects people like your relatives, friends, carers and Co-workers if they are discriminated against because of your disability. For example:

Harassment because of a disability, such as insults, or humiliating jokes, is unlawful in employment, education, and in the provision of goods, services and facilities.

Disability, Impairment and Handicap – what is the difference?

The terms Impairment, Disability and Handicap are often used to mean the same thing. People are sometimes described as having a handicap when it would be more appropriate to use the term impairment, or disability. So .. what is the difference between the three terms?

Impairment:

Impairment is the abnormality of function; usually a medical or developmental condition such as auditory nerve damage, spinal cord injury, chemical imbalance etc. Impairment is the actual condition.

Disability:

Disability is the consequence of the impairment, e.g., inability to walk, to hear, to see etc, without assistance. If someone has difficulty breathing because they have asthma, then the breathing difficulty is the disability, and the asthma is the impairment.

Handicap:

Handicap is the social consequence of disability - related to demands of environment and whether it can accommodate effects of a person’s disability. Using the above example, if someone has asthma and has trouble breathing, the handicap may be the inability to work in certain environments because of the air conditioning, or because of chemicals used in that environment.

Handicap is contextual. A person who has a mobility impairment may not be able to access a building because it has stairs and no lift. That person is ‘handicapped’. The same person, who needs to get into a building that is fully accessible, is not handicapped.

Example:

A student with extreme chemical sensitivity may not be able to touch particular chemicals and therefore will not be able to complete a fine arts degree majoring in ceramics as the chemicals he is allergic to are found in glazes. He is unable to even walk into rooms where these chemicals exist.

What is a hidden disability?

Quite simply, a hidden disability is any disability that is not obvious. Hearing, learning and vision impairments may not be immediately evident. Medical conditions such as epilepsy, cancer, depression and mental illness, arthritis, kidney disease and diabetes may not be visible. Even where a condition may be visible, the disability is not always evident. For example, a person with facial cleft, (a more serious form of cleft lip or cleft palate), may have spatial awareness difficulties, only see in two dimensions, and has difficulty speaking for long periods of time. Many people may assume that the disability is related to the visible condition (i.e. facial disfigurement) however the ‘hidden’ effects i.e., vision, balance and speaking for long periods of time are the disability.

The majority of students registered with the DSC (approx. 85%) have hidden disabilities or medical conditions.

Communication – Language and Labeling

Language

The language we use, and the images created and promoted through language, reflect the attitudes we have towards individuals and groups of people. It is important to remember that people with a disability are just that - they are people who have a disability. Students with a disability, have exactly the same needs and expectations as any other student on campus. They are consumers of the education, they pay fees and are expected to fulfil the same academic requirements as any other student. Therefore, the language University staff use should reflect this. For example:

Remember - The best way to refer to a person or a student is by their name.

The most important thing is to use common sense and to be respectful.

Labelling

People with disabilities often have been ‘labeled’ with terms like ‘the disabled’ or as ‘slow’ ‘dumb’ and ‘useless’. Labeling reduces people to a very narrow and sometimes negative characteristic which ignores their capabilities and the fullness of who they are. Reasons to avoid labeling include:

Attitudes

“Other students’ attitudes towards doing group work with me are often affected if they’ve heard I have a disability. They make assumptions – probably think it’s affected my brain. When I finally get into a group it’s ironic. I usually end up carrying the group because they have no idea how to organise their time, whereas I have. I’ve had to learn these skills” (Jayne – ResponseAbility Module RES021 – Australian National Training Authority 1997)

There is a saying “Your attitudes affect other people’s lives”. This is particularly true when it comes to people with a disability or medical condition. Peoples attitudes affect the ways buildings are designed, the way laws are enacted, the way people are treated, the way people feel in relation to belonging to a group and whether people feel they have a right to be in a particular place or undertake a particular task. If you have a negative attitude towards people with disabilities, then this will affect the way you treat them and the way they feel about being a student at this university.

Key features of a positive attitude include:

Working with Students with a Disability in a Tertiary Environment

Hints for providing assistance

There are a few issues that need to be addressed when you first meet with a student with a disability:

Reasonable Adjustments

Adjustments are made to ensure that students with a disability are able to undertake their study and complete their course requirements without disadvantage. The adjustments can be made to the physical environment, through the provision of equipment and services, in the design of courses, in the delivery of the teaching or through assessment processes.

Alternative Assessment Arrangements - an Overview

(See also “Alternative Assessment” Booklet available from the DSC and “Managing Oral Examinations” )

The term 'Alternative Assessment’ refers to any alteration to the standard form of assessment in order to accommodate the affects of a student’s disability, including exams, assignments, and any other form of assessable activity. It is designed to ensure that students with a disability are on a more equitable footing and to allow them to be able to display their abilities without the task itself being a handicapping barrier. For example, if a student is unable to write because they have a manipulative impairment, it would be a reasonable accommodation to allow them to use a PC with voice activated software to complete an exam.

Some Alternative Assessment Arrangements are reasonably obvious and easy to put in place. Others however are not as obvious and may require negotiation between the student, the school, the lecturer and the DSC. For example, what Alternative Assessment would be reasonable for a person who is undertaking a science degree and is allergic to particular chemicals?

It is not reasonable to assume a student is unable to complete a particular degree because it appears they may not be able to fulfil course requirements because of their disability. All efforts must be made to make appropriate alternative arrangements. A person who is blind, with appropriate accommodations, is able to complete a science degree, a person with Cerebral Palsy is able to undertake a teaching degree. The important factor is that the student must be able to fulfil the inherent requirements of the course. The processes to determine whether a student is able to satisfy the inherent requirements of a course must be flexible enough to incorporate strategies to allow the student every opportunity to show their capabilities.

Alternative Assessment Arrangements are put in place to ensure that the assessment is testing the student’s capabilities, rather that reflecting the disabling effects of the student’s condition.

It is important to remember that the same academic requirements and standards should be applied to all students regardless of whether the student has a disability or not. The objective in providing Alternative Assessment Arrangements is to accommodate the student’s functional differences which exists because of their disability.

Alternative Assessment Arrangements and Legislation

The Disability Discrimination Act (1992) and DDA Disability Standards for Education (2005) include requirements for academic environments to be free from discrimination on the grounds of disability. The Act is complaints based and makes it unlawful to discriminate against a person on the grounds of disability. The principle of 'Reasonable Adjustment' is an essential consideration for universities. This principle is enshrined in the Act and it asserts that wherever possible, necessary and reasonable to do so, the usual policy or practice will be varied to meet the needs of a person with a disability. This is to ensure that a student is not placed in a position where they are unable to complete the course requirements due to a policy or practice that was developed with other circumstances in mind.

Some Examples of Alternative Assessment Arrangements

NOTE: Alternative Assessment Arrangements are designed to provide students with disabilities with the opportunity to demonstrate their knowledge and skills without unnecessary disadvantage. They do not mean that the student is receiving benefits not available to other students which will give them an advantage over the other students.

Alternative (Special) Exam Arrangements

Alternative Examination Arrangements are available upon application to students who have a disability or chronic illness and are unable to complete the exam without adjustments. These adjustments are available for formal exams, class and school exams, class tests, quizzes and practical examinations.

Students are able to request any adjustment that is required, however the adjustment must be commensurate with the disabling effects of their condition. For example, a student with a severe hearing impairment may request the use of an English dictionary. This is deemed an appropriate accommodation for the disability. A student with a broken arm may request a scribe and the use of an English dictionary. The scribe would be a reasonable request, but the English dictionary would not be. If in doubt, consult the DSC.

Formal Examinations

The ANU has policy and procedures for making adjustments to standard exam provisions in order to cater for the needs of students with disabilities. These adjustments are called Special Examination Arrangements (SEAs) and are implemented through the following process:

This process must be followed each exam period by Group B students (with appropriate medical documentation). Group A students should be advised of approved SEAs for formal, end of semester examinations run by the Examinations Office. They will still need to advise the DSC of Mid-semester and internal examinations.

All students are Group B students, unless classified as Group A by the DSC.

Note: Since Mid-semesters, Specials, Supplementary and Departmental exams do not have an examination timetable, it is not possible for the DSC to know which exams the students are sitting and when. It is the responsibility of the student to find out who is administering the exams, and advise the DSC accordingly. If the DSC is not advised within a reasonable time before the exam, we are unable to guarantee that exam arrangements will be made.

Students may apply for SEAs directly to the Exams Office, with an SEA form completed by an ANU Counsellor or Medical Practitioner but have to apply each semester as a Group B student.

School and class examinations and tests

Students can apply for adjustments for school and class examinations. The student should contact their lecturer to make arrangements and will need to supply either documentation from their doctor or specialist, or an approval from the DSC verifying that appropriate documentation has been supplied.

The request will need to be made in a reasonable timeframe to allow the specific adjustments to be made. It would not be deemed reasonable for a student to request a private room or an exam in an alternative format only hours before the exam is to be undertaken.

Other support often requested by students

Lecture & Tutorial Support

Lecture support is available to students who are unable to take notes in class due to their disability or chronic illness. The term 'lecture support' covers a broad range of provisions which can include:

This support can be directly provided by the lecturer (except currently notetaking), or through the DSC if the student does not wish to directly approach the lecturer.

If a student requires the lecture support to be organised through the DSC, they will need to discuss the type of support required with their DSC Case Manager who will assess the nature of support or adjustments required. The Lecturers will then be contacted to see what form of lecture support is currently available, before organising notetaking, if necessary.

Where inclusive teaching practices exist, the number of requests from students for additional lecture support is reduced.

Letters of Support

A student with a disability may need a particular accommodation where there is already a mechanism in place within the school or Faculty, but does not wish for the details of their condition to be made known. They may therefore request the assistance of the Disability Liaison Officer or the Faculty Disability Advisor in the form of a letter of support. For example, a student may need to request an extension on an assignment. They will still need to fill in any documentation that is required by the school or Faculty, but instead of writing information detailing the reasons for the request, they can supply a letter of support from the DSC. This letter can verify that the student is registered with the DSC and briefly outline the particular needs without breaching the confidentiality of the student. Primary documentation will still need to be provided to DSC, however the details can be kept confidential.

For further information: go to the ANU’s policy on the Disclosure of Information by Students with a Disability or Illness

Inherent requirements of a course – what does it mean?

Universities must provide the same academic opportunities to students with a disability or medical condition as for anyone else. They are legally obliged to make adjustments so that students' with a disability can participate in university life. Students however, must be able to satisfy the inherent requirements of a course, to be able to participate in, and fulfil their coursework responsibilities.

The Disability Discrimination Act (DDA) does not define what is meant by "inherent requirements". As the Act is complaints based, there are few guidelines to ascertain what is an inherent requirement of a course and what is just a requirement of a course. For example: Is walking unaided an inherent requirement of a nursing degree? Is the ability to see colour an inherent requirement of an engineering degree? While there may be some difficulties establishing what constitutes an inherent requirement of a course, it is important to identify them. It will not only assist to identify appropriate adjustments, but it will assist the university to have a clear understanding of their rights and responsibilities to prospective and current students with disabilities.

Universities are not permitted to refuse a person's entry to a course on the basis that the person may not gain entry into the field of employment for which the course is designed. This means that the universities must ensure that the essential requirements of a course are imposed for academic reasons and not a response to the demands of the industry or professional bodies.

However, where the approval of an accrediting body is an essential component of the course (e.g. Student accreditation from a Medical Board in a medical degree to enable the student to work in hospitals) such approval may be considered as an inherent requirement of the course. Any discriminatory practice in refusing approval or accreditation to a student with a disability would then be considered the responsibility of the accrediting body, not the university.

For further information: go to Inherent requirements

Confidentiality, Disclosure, and Documentation

(See ANU Policy on Disclosure of Information by Students with a Disability or Illness & ANU Legal Office FAQs on Privacy)

Confidentiality

All information provided by the student in relation to their condition must be kept confidential unless the student has given permission to discuss the details with other staff. If a student wishes to have services, support or adjustments made, they are legally obliged to provide information about their condition to one agent of the university, only. This is often the Disability Liaison Officer or the Faculty Disability Advisor. The student is encouraged to discuss relevant information with their lecturers and tutors, however, they are not obliged to do so if they do not wish to.

Once the adjustments have been determined, the DSC can provide details regarding the needed adjustments to the lecturers or other relevant staff without breaching confidentiality.

It is ok to discuss the relevant details of the condition with other staff members if the student has given permission to do so.

Disclosure

Students with a disability are not obliged to disclose unless they require services, support or adjustments. If a student does disclose the details to a staff member, that staff member is expected to treat the information with respect and not discuss the information with anyone else unless the student gives permission to do so. If you believe there is a safety issue involved, contact the University Health Service, The DSC or ANU Security.

Documentation

Students with a disability or medical condition who require services, support, or adjustments need to provide documentation from their doctor, specialist or other relevant professional detailing the disability and the effects that the condition may have on study. For conditions that do not change, documentation only needs to be provided once, and such students are classified by the DSC as Group A students. If the condition temporary or variable, or the student's requirements change, further documentation will need to be provided. Documentation only needs to be provided to one agent of the university. This is usually the DSC. That staff member can provide a letter of verification if required by other staff members (Lecturers and teaching staff, Heads of Schools, University Administration etc).

All students registered with the DSC are required to provide appropriate medical documentation before registration is confirmed and any adjustments put in place.

DSC Card

Upon registration, students receive a DSC card. This card certifies that the student has a medically verified disability, and their registration with the DSC is valid until the expiry date on the card.

LEGISLATION

The Disability Discrimination Act (1992)

(The following information has been directly taken from the Human Rights and Equal Opportunity Commission Website)

What´s it all about?

The Federal Disability Discrimination Act 1992 (D.D.A.) provides protection for everyone in Australia against discrimination based on disability. It encourages everyone to be involved in implementing the Act and to share in the overall benefits to the community and the economy that flow from participation by the widest range of people.

Disability discrimination happens when people with a disability are treated less fairly than people without a disability. Disability discrimination also occurs when people are treated less fairly because they are relatives, friends, carers, co-workers or associates of a person with a disability.

What areas of life does the DDA cover?

The DDA makes it against the law to discriminate against someone if they have a disability in the following areas of life :

Who does the DDA protect?

The definition of "disability" in the DDA includes:

This broad definition is meant to ensure that everyone with a disability is protected.

The DDA covers a disability which people:

The DDA also covers people with a disability who may be discriminated against because:

The DDA also protects people who have some form of personal connection with a person with a disability like relatives, friends, carers and co-workers if they are discriminated against because of that connection or relationship. For example, it is unlawful discrimination if:

Harassment because of disability, such as insults or humiliating jokes, is unlawful in employment, education and in the provision of goods, services and facilities.

D.D.A. guide: Getting an education

A person with a disability has a right to study at any educational institution in the same way as any other student.

The DDA makes unlawful for an educational authority to discriminate against someone because that person has a disability.

This includes all public and private educational institutions, primary and secondary schools, and tertiary institutions such as TAFE, private colleges and universities.

What should educators do?

Educators must offer a person with a disability the same educational opportunities as everyone else. This means that if a person with a disability meets the necessary entry requirements of a school or college he or she should have just as much chance to study there as anyone else.

Educators must base their decisions on a person's ability to meet the essential requirements of the course. They should not make assumptions about what a person can or cannot do because of a disability.

The DDA protects people with a disability against discrimination in education in the following areas:

Admission

Access

Harassment

What about course changes?

If a person with a disability meets the essential entry requirements, then educators must make changes or "reasonable adjustments" if that person needs them to perform essential course-work.

For example, a student may not be able to perform dissections in a biology course because the bench is too high. The ability to reach a certain height is not an essential part of dissection. The student would be perfectly capable of performing the tasks of the lab session if provided with a lower table.

In most situations the person with a disability will be able to tell educators what he or she needs to be able to study. If necessary, educators should also seek advice from government agencies or organisations which represent or provide services to people with a disability.

Adjustments could include:

What if changes are too difficult for educators?

The D.D.A. does not require changes to be made if this will cause major difficulties or unreasonable costs to a person or organisation. This is called "unjustifiable hardship". Before considering to claim adjustments are unjustified, educators need to:

If adjustments cause hardship it is up to the education authority to show that they are unjustified.

Complaints and conciliation

(This information relates to making complaints through the Human Rights and Equal Opportunity Commission – grievances within the University should first be made using the University’s grievance procedures)

Complaints of disability discrimination are made to the Human Rights and Equal Opportunity Commission (HREOC).

Complaints can be made by:

Making a complaint

A HREOC Enquiry Officer can answer confidential enquiries over the telephone, but a formal complaint must at some point be made in writing (on paper or in electronic format.

The Commission can help a person put the complaint in writing, or the person's union, advocate or friend can help write the complaint.

The person can also give a statement to the Commission in Braille, on video or audio tape, through an advocate, or verbally.

The Commission can also assist a person to make a complaint by providing:

A written or verbal statement can be made in any language. It should state that the person has been discriminated against on the basis of disability, and it should describe what happened, when and where it happened, who was involved, and give the names of any witnesses.

Complaints handling

HREOC will investigate any complaints received that are within its area of responsibility. Where a complaint against a person or organisation appears to involve an unlawful act of discrimination, HREOC will write to the person or organisation to get their side of the story.

The Commission can also conduct an investigation if necessary. Sometimes the Commission may refer a complaint to another body.

Conciliation

If it appears that disability discrimination has occurred, the person or organisation will be asked to participate in a conference with a conciliator and the complainant in order to help resolve the matter to the satisfaction of both parties. This is called conciliation.

A solicitor is not needed, but either party can engage one if they wish.

Depending on the complaint, conciliation may result in:

Where a complaint cannot be resolved by conciliation, you can take your complaint to the Federal Court for an enforceable ruling if you choose to.

DDA Disability Standards for Education (2005)

The DDA allows for the development of Standards under the Act, to clarify and make more explicit, the obligations of education and training service providers under the Disability Discrimination Act 1992 (the DDA) and the rights of people with disabilities in relation to education and training. The Standards were developed through extensive consultation with education, training and disability stakeholders, as well as the involvement of the Human Rights and Equal Opportunity Commission (HREOC).

The Standards are Subsidiary Legislation under the DDA, so compliance with the Standards is deemed to be compliance with the DDA. However, non-compliance with the Standards is a breach of the DDA.

The Standards cover the areas of:

and require the Education Provider to follow a process of:

The Standards operate by providing:

as well as clarifying important terms and concepts and outlining exceptions such as “Unjustifiable Hardship”

An understanding of the rights and obligations conferred under the Standards will assist in minimising the risk of time-consuming, potentially expensive and damaging complaint under the legislation. Further information can be obtained from the website (http://www.ag.gov.au/DSFE), the DSC or the ANU Legal Office

Disability Resources/Policies for Staff & Students

ANU Plans/Policies

DISABILITY LEGISLATION

Federal

ACT:

LINKS AND RESOURCES

ANU Policies:

In Conclusion:

The DSC aims to achieve a balance between addressing the disadvantages experienced by students with a disability and maintaining the academic integrity of courses, fairness of assessment and credibility of accreditation.

Philosophy of the DSC:

Contact Details:

Disability Services Centre,
Student Facilities Building (17A)
Union Court,
The Australian National University
CANBERRA, ACT 0200
Phone: + 61 2 6125 5036
Fax: + 61 2 6125 9881
TTY: + 61 2 6125 3008
Email: Disability.Adviser@anu.edu.au
Web: www.anu.edu.au/disabilities