ACADEMIC SUPPORT FOR DISABLED STUDENTS POLICY
Policy guidance and procedures to support Disabled students
Name of Policy
Academic Support for Disabled Students Policy
Lead Department
Student Support and Wellbeing
Responsible Officer
Head of Student Support and Wellbeing
Date of approval
TBC
Corporate Strategy
This policy supports the University in achieving its Strategic Outcomes,
particularly in relation to:


Key Contacts
Maximise student and stakeholder satisfaction
 Improve support for student retention and progression
Strengthen operational efficiency and effectiveness and foster a
culture of continuous improvement
 Levi Pay, Head of Student Support and Wellbeing
levi.pay@northumbria.ac.uk
 Karen Newton, Student Support Manager (Disability)
karen.newton@northumbria.ac.uk
 Simon Lee, Student Support Manager (Policy, Projects and Inclusion)
simon.a.j.lee@northumbria.ac.uk
THIS POLICY IS CURRENTLY A DRAFT FOR CONSULTATION (August 2014)
The University has a duty of care to all students currently enrolled at Northumbria as well as our
applicants and alumni. We have in place a suite of policies which guide how we discharge this duty
and this Academic Support for Disabled Student Policy forms part of this. This version is a
consultation draft which updates our existing and longstanding policy and processes. If you have
any feedback on this policy you can let us know by contacting Simon Lee, Student Support Manager
(Policy, Projects and Inclusion) at simon.a.j.lee@northumbria.ac.uk
CONTENTS
Page 3
Introduction
Page 4
Scope and Responsibilities
Page 6
Policy Statement
Page 10
Legal Context and Implications of Non-Compliance
Page 12
Appendices
2
1.
Introduction
1.1
An increasing number of disabled students are coming to University. At Northumbria we
have a large number of disabled students including those with physical or sensory
impairments, Specific Learning Difficulties such as dyslexia or dyspraxia, Autistic Spectrum
conditions or Asperger Syndrome, mental health issues and a range of medical conditions
which require particular support.
1.2
Many students will arrive at Northumbria already knowing what support needs they have
and will have made contact with support services during their application process. However,
many may not have a diagnosis, for example it is estimated that 43% of students with
dyslexia do not know they have the condition. Students may also become disabled during
their time at University. Many disabled students find that the previous strategies and coping
mechanisms which served them well during their time at school are no longer effective for
them in the Higher Education context and need some new approaches and additional
support.
1.3
The University has legal, moral and business reasons for offering the best support it can to
disabled students. Given that we are supporting well in excess of 1700 disabled students at
any given time, it is imperative that we have a clear, coherent and supportive policy in place
which will support colleagues and guide their actions to ensure we are providing a
personalised and inclusive experience for all our disabled students.
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2.
Scope and Responsibilities
2.1
The Equality Act 2010 defines a disabled person as a person with a disability. A person has a
disability for the purposes of the Act if he or she has a physical or mental impairment and
the impairment has a substantial and long-term adverse effect on his or her ability to carry
out normal day-to-day activities. This means that in general:




2.2
The person must have an impairment that is either physical or mental
The impairment must have adverse effects which are substantial
The substantial effect must be long-term (i.e. lasting over 12 months or for the
lifetime of the individual)
The long-term substantial adverse effects must be effects on normal day-to-day
activities
With this definition in mind, the University obtains information from students on enrolment
in respect of disabilities so we are aware that the majority of students we support have one
or more of the following disabilities:







Autistic Spectrum Disorder / Asperger’s Syndrome
Blind or serious visual impairment
Deaf or serious hearing impairment
Long standing illness or health condition
Mental health issues
Specific Learning Difficulty e.g. dyslexia, dyspraxia, ADHD
Physical impairment or mobility issues
Whilst most of our disabled students are covered by this list it is not intended to be
exhaustive and we exceed both the letter and spirit of equality legislation by offering an
inclusive support service for all disabled students including those whose disability or
impairment is only temporary, such as a broken limb. This policy is intended to place a
framework around the academic support we offer to students with all types of impairment
and guides how the University makes “reasonable adjustments” in line with the Equality Act.
2.3
Throughout this policy the terms “impairment” and “disabled student” are used. These
terms reflect the University’s subscription to the social model of disability and it is expected
that all staff and students do all they can in order to remove the barriers to disabled
students participating fully in University life.
2.4
Whilst the University is legally and morally responsible for making adjustments to support
disabled students in participating fully in University life, it must be noted that the
maintenance of academic competence and other prescribed standards is of paramount
4
importance. In seeking to support disabled students appropriately and fully, the University
recognises that it is not exhibiting leniency or applying lower standards to disabled students
but is enabling them to compete on equal terms with their non-disabled peers.
2.5
The University employs a small team of Disabilities Advisers whose role is to offer
information, advice, guidance and support to disabled students and to other staff who are
working with disabled students. Where a student’s impairment is a diagnosed mental health
condition the disability support process outlined in this policy will be implemented by a
Mental Health Practitioner within the University’s Counselling and Mental Health Support
Team. Where a student has a diagnosed mental health condition as well as a physical or
sensory impairment, a Specific Learning Disability or medical condition the Disabilities
Adviser and Mental Health Practitioner will work collaboratively to implement a holistic
disability support package for the student. While the Disabilities Advisers have specific
responsibilities, experience and knowledge with regard to disabled students the University
recognises that in an inclusive educational environment all staff have responsibilities to all
students, including adapting their approaches, pedagogy and practice to enable disabled
students to participate fully. This policy guides the work of the Disabilities Advisers but its
ethos and framework is applicable to all University staff.
2.6
This policy focusses on academic support for disabled students, enabling them to make the
most of their time at University, participating fully in their course. It deliberately does not
cover admissions, accommodation and the other positive action provisions allowable under
the Equality Act and the University’s response to these is outlined in our corporate equality
policies and plans.
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3.
Policy Statement
3.1
This policy is comprehensive and guides the University’s activities in respect of the academic
support we offer disabled students. This support often begins before students arrive at
Northumbria and continues throughout their time at University and in some cases as
outlined in the Equality Act, our responsibilities to them continue once they have become
alumni.
Identification of disabled students
3.2
It is very important that disabled students are identified as early as possible in order that
their needs can be assessed and support arrangements put in place quickly to enable them
to fully participate in University life. Many disabled students will have proactively made
contact with the support team during their application process to discuss their needs and
assess the suitability of our provision for themselves. Others will make a declaration of
disability at either application or enrolment and the Disability Support Team will write to all
disabled applicants or new students with details of the support available at the University
and inviting them to make contact and discuss any particular needs or concerns.
3.3
Some students may be reluctant to declare a disability or be unaware they have additional
support needs. Further opportunities will be given to students to allow them to seek help
including disabilities information during the online enrolment process and a media campaign
using posters and the University’s plasma screens promoting the work of the Disability
Support Team. Faculties are encouraged to provide students with as many opportunities to
disclose disabilities as possible including registration for modules, accommodation, work
placements, field trips and through encouraging an open, honest and trusting relationship
between students and their guidance tutors where they are in place and other Faculty staff.
3.4
There is a potential conflict between equalities legislation and the Data Protection Act given
that once a student has informed anyone at the University that they have a disability, the
whole University is deemed to be aware. Faculties and services should therefore have
systems and processes in place for the student to sign and confirm either their consent or
refusal for the information disclosed to be passed onto the Disability Support Team. In the
latter case, Faculties should stress the benefits of the support the University can offer to
students and the possible drawbacks not consenting for the information to be shared could
have. Ultimately though, the decision rests with the student themselves. Any office which
administers disabled students’ data must ensure that appropriate security and
confidentiality arrangements are in place and that no unauthorised access to information on
disabled students’ needs is allowed.
3.5
There will always be a number of disabled students who do not disclose a disability and do
not respond to our attempts at contacting them. As such all staff need to be proactive and
anticipate the potential needs of disabled students in developing and delivering programmes
6
and services as well as familiarising themselves with this policy and how to respond if a
student discloses a disability.
Non-Academic Support
3.6
This policy is concerned with the academic support provided to disabled students. However
we recognise that academic life is only one part of the overall University experience for
students. Increasingly the University’s response to other support needs for disabled
students are mainstreamed into our provision. For example we have well established and
agreed approaches for ensuring disabled students have access to appropriate transportation
including dedicated car parking and have a large number of adapted rooms in our halls of
residence which are of the highest quality, able to accommodate both disabled students and
where necessary their personal assistants. Further details of these can be found throughout
the University’s policy framework and website.
Evidence of disability
3.7
When a student discloses a disability and requires reasonable adjustments or additional
support, they are required to produce evidence of their impairment. This may take the form
of a letter from a doctor or other professional. In the case of dyslexia or other Specific
Learning Difficulty it should take the form of a report on a full diagnostic assessment carried
out after the student reached the age of sixteen by an appropriately qualified person (such
as an Educational Psychologist) and the report should show the results of a range of age
appropriate tests of both underlying ability and actual achievement. This evidence should
be provided to a Disabilities Adviser who will ensure its safe storage.
3.8
Where a student suspects that they may have dyslexia or their last diagnostic assessment
was carried out prior to their sixteenth birthday the University can, in most cases, arrange
for a full diagnostic assessment to be carried out.
The Disabled Student’s Support Recommendations (DSSR) Report
3.9
The DSSR report is the formal notification from the Disability Support Team to Faculty staff
about a student’s disability. It contains the Disability Support Team’s recommendations for
what Faculty staff need to do to support each disabled student, that is the “reasonable
adjustments” required by the Equality Act (see 4.5 below) . The purpose of the support
recommended is in line with this policy i.e. to level the playing field between disabled
students and their peers rather than give them an unfair advantage. The student will be
asked to sign the DSSR to confirm they have agreed the content and are happy for it to be
shared with the Faculty, or to agree the content via email if they are unable to attend in
person.
3.10
On receipt of a DSSR, a member of the Faculty Student Administration and Support Team,
and where necessary programme leaders or tutors, will meet with the student to discuss the
content of the report. In more complex cases a Disabilities Adviser should also be at the
meeting and where necessary this will be stated in the report. It is expected that Faculty
staff will make every effort to put in place the support identified in the DSSR. However,
when this is not possible, this should be explained to the student and alternative ways of
7
delivering the recommended support should be explored. It is also possible that some
recommendations are already covered by inclusive teaching, learning and assessment
practice in the Faculty. If this is the case, this should be outlined to the student.
3.11
The DSSR makes strong recommendations for Faculty staff and complying with these are the
easiest way for the Faculty to discharge its legal obligations to the student. Therefore if
Faculty staff decide not to implement a recommendation they must be aware that should
there be a complaint or appeal, they may be required to justify to oversight bodies why an
alternative approach has been taken and how this meets the requirements of the Equality
Act. However as mentioned above, it is possible that DSSR recommendations are covered by
inclusive practice already in place in the Faculty. Where this is the case this should be
communicated clearly, ideally in writing to the student.
3.12
During their course of study, disabled students will be contacted by the Disability Support
Team to review their package of support and as such the recommendations within the DSSR
may be subject to change.
3.13
Faculties should have in place effective procedures to identify disabled students going out
on placement, to encourage appropriate and legal disclosure of the student’s impairment to
the placement provider, to ensure implementation of any adjustments required and to carry
out risk assessments (where necessary) involving the student and the placement provider.
Recording lectures
3.14
It is University policy to allow disabled students to audio record lectures and other sessions
where this is recommended in the DSSR report. It is helpful to the student and less onerous
for the tutor if each tutor gives blanket permission for all of their lectures and other sessions
to be recorded when the DSSR report is received, rather than the student having to ask
permission at the start of each lecture or session. Good class management practice requires
tutors to advise the group that the lecture may be being recorded by a disabled student but
they should not identify that student. In the rare circumstances that lecture content or
group discussion becomes confidential then instruction should be given for recording to stop
until such time as confidentiality is no longer an issue.
Good practice in teaching, learning and assessment.
3.15
As learning, teaching and assessment methods become more inclusive within a Faculty the
Faculty will find that it needs to make fewer individual adjustments for disabled students.
An example of this is the provision of clear and directed reading lists or lecture notes in
advance, which are of benefit to all students. As a general principle the types of learning,
teaching and assessment that enable disabled students to fully access their courses will be of
benefit to all students and will be of particular benefit to other key groups such as students
whose first language is not English. The University expects all Faculties to be working
towards inclusive learning, teaching and assessment methods and away from more
traditional, less inclusive forms of assessment. In the meantime the DSSR will outline
reasonable adjustments required for individual disabled students.
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DSSR Report, Late Authorisation and PEC Processes
3.16
Sometimes disabled students might require a late authorisation for disability-related reasons
for example if a disabled student has a condition which flares up in the week leading up to a
deadline. Late Authorisation may often be a reasonable adjustment that a student requires
from their Faculty and therefore Faculties should always take account of student’s DSSR
reports or any information that a student provides in their Late Authorisation claim about
their disability, when considering claims. Potential Late Authorisations may also be a
recommendation in an individual student’s DSSR report.
3.17
Students can submit a claim to their Faculty for “Personal Extenuating Circumstances” which
have significantly affected their assessed work. These claims are submitted after assessed
work has been completed. This would be relevant if, for example, a student has experienced
a serious mental or physical illness or serious personal trauma and they feel this has affected
the work they have just submitted. The circumstances would normally be unforeseen and
not preventable.
3.18
PECs should not normally be used for a disability for which a student has a DSSR report in
place as their disability support requirements would normally be foreseeable and support
would have been put in place. PECs could, however, be used in circumstances where there
was an unforeseen and significant flare-up or deterioration in a condition (for which medial
evidence would be required) or where a disability had been previously undiagnosed.
Funding
3.19
Many adjustments required for disabled students will have either zero or minimal cost
implications. Most UK disabled students will be eligible for Disabled Students Allowance.
This funding may be used for additional costs incurred by the student because of their
impairment such as IT equipment and assistive software to use in their home, additional
travel costs and human support.1 In many cases a student may either be ineligible for DSA
funding or require a level of support which exceeds their DSA entitlement. In these
instances the University still has a statutory requirement to make reasonable adjustments
and these will often require funding. This funding is normally provided through the
Academic Services budget.
Complaints
3.20
The Student Complaints Procedure is outlined in the Handbook of Student Regulations.
Where a disabled student wishes to complain about any aspect of their experience at
Northumbria or with the implementation of this policy, they should refer to the Handbook
and its related procedures.
3.21
Should the complaint relate to their treatment as a disabled person under the Equality Act
and not be resolved through the student complaints procedure they should be referred to
the Disabilities Advisers initially who will advise them of support options available including
that offered by external bodies such as the Equality and Human Rights Commission.
1
Note: At the time of writing the DSA is under review by the Government. This policy will be amended to reflect any changes in the
University’s position following completion of this review.
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4.
Legal context and implications of non-compliance
4.1
The University’s approach to supporting disabled students is underpinned by the letter and
spirit of the Equality Act 2010. The Act introduces a number of protected characteristics
(age, disability, gender reassignment status, pregnancy and maternity, race, religion and
belief (or non-belief), sex and sexual orientation) and prohibits discrimination on grounds of
these. Protection from discrimination for disabled people applies to disabled people in a
range of circumstances, covering the provision of goods, facilities and services, the exercise
of public functions, premises, work, education and associations.
4.2
The Equality Act prohibits:






4.3
Direct Discrimination which occurs when someone is treated less favorably than
another person because of a protected characteristic they have or are thought to
have or because they associate with someone who has a protected characteristic
Discrimination based on association which is direct discrimination against an
individual because they associate with another person who possesses a protected
characteristic
Discrimination based on perception or direct discrimination against an individual
because others think they possess a particular characteristic.
Indirect discrimination which can occur when there is a condition or rule, policy or
practice that applies to everyone but particularly disadvantages people who share a
protected characteristic.
Harassment which is unwanted conduct related to a relevant protected
characteristic, which has the purpose or effect of violating an individual’s dignity or
creating an intimidating , hostile, degrading, humiliating or offensive environment
for that individual. Individuals are also protected from harassment because of
association and perception. And
Victimisation which occurs when an employee is treated badly because they have
made or supported a complaint or raised a grievance under the Equality Act or
because they are suspected of doing so.
The Act has greatly strengthened protection for disabled people who are also covered by an
additional prohibition that prevents discrimination arising from a disability. This occurs
when a disabled student is treated less favourably because of something connected with
their disability and the University is unable to objectively justify such treatment. This is
different from direct discrimination because the reason for the treatment (i.e. the disability)
does not matter, the question is whether the disabled student has been treated
unfavourably because of something connected with their disability.
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4.4
Discrimination arising from disability is also different from indirect condition as there is no
need for the disabled student to compare themselves with anyone else. Discrimination
arising from disability will occur if the following three conditions are met:



A disabled student is treated unfavourably
This treatment is because of something connected with a disabled students disability
The University is unable to justify the treatment by showing it is a “proportionate
means of achieving a legitimate aim”
For example a student with autism who often speaks out of turn in class, thus creating a
disruptive atmosphere is asked not to attend tutorials because of his behaviour. This is likely
to be discrimination arising from disability.
4.5
The Equality Act continues to enshrine in law the requirement to make “reasonable
adjustments” for disabled students where any provision, criterion or practice puts disabled
students at a substantial disadvantage as well as an anticipatory duty to consider the
potential needs of any future disabled students and make adjustments accordingly.
4.6
The implications of non-compliance with this policy and the Equality Act are significant with
substantial fines being a potential consequence of any breaches as well as associated
reputational damage.
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APPENDICES
Appendix One
The Disabled Student’s Journey
12
APPENDIX ONE: The Disabled Student’s Journey
Pre enrolment contact and advice. For
complex students advance notification
to Faculty, Accommodation,
Timetabling
Student enrols with the University.
Disability questionnaire is part of on-line
enrolment and offers an appointment
with Disability Support
Student receives an email invitation to
register with Disability Support if a
disability has been disclosed in the UCAS
application and/ or on enrolment
D
Initial appointment is made with
Disability Support Team or student
attends drop-in at a triage session
Adviser appointment is made and the
student is asked to bring appropriate
evidence
Adviser appointment attended and
student registered with Disability Support
if evidence acceptable
Adviser assessment made, support
recommendations agreed and actioned
(Disabled Student’s Support
Recommendations Report- DSSR- usually
sent to Faculty within one working day
of being agreed and signed off by
student and Disabilities Adviser).DSA
application form completed if eligible
and no previous application made. Form
and evidence are emailed to the funding
body (or student advised to apply online if NHS funded).
Existing student discloses a disability or
has a new diagnosis
Student requests or is referred for a
diagnosis of a Specific Learning Difficulty
A new student who has not disclosed a
disability on application decides to
disclose post admission or is referred by
staff
If evidence not acceptable then
student advised of requirements and
to re-attend when evidence available
Student attends DSSR meeting in
Faculty. Adviser attends for complex
cases. Internal University support is in
place. Review of support is offered
and an Adviser appointment is booked
if student has complex needs
A follow up email is sent two months
after any DSSR appointment to review
support and ask if student has any13
issues. Any issues passed to an Adviser
to resolve/reply
Funding body gives authority to book an
assessment of need at an assessment
centre. Help is available to book
appointment if required
Student attends DSA funded assessment.
Assessment of Need report is received.
Email is sent to the student requesting
that they make an Adviser appointment
once the funding body entitlement letter
is received
Student attends Adviser appointment to
discuss DSA entitlement (approx. 4
months after application date).
Entitlement is explained to the student
and help provided to action the
provision. The Assessment of Need is
discussed with the student and where
appropriate changes/ updates to the
DSSR are made and sent to the Faculty.
A referral is made for any external nonmedical helper support agreed. DSA
funded support is in place.
Student is reminded that they can make
another appointment to discuss areas of
concern at any time throughout their
course
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