1. INTRODUCTION In the context of its aim to value all students and treat them equitably and fairly, and as part of its aim to achieve a more diverse student body, the University as part of its guidelines to students’ states: The University of Kent is committed to the promotion of diversity and inclusivity within the university community, and this commitment is underpinned in the University of Kent’s Institutional Plan for 2012 -2015 The Institutional Plan seeks to achieve this by encouraging diversity, promoting equality of opportunity, treating everyone with respect and dignity and encouraging, recognising and celebrating success. The University is working to embed diversity and inclusivity in all of its activities, including the strategies and policies that support the Institutional Plan. The University has in place a Dignity at Study Policy, to emphasis its commitment to ensuring that students are treated with dignity and respect, and the Student Disability Policy complements this. The University of Kent is committed to promoting access for disabled people. A further commitment is to work towards supporting and enabling students with physical disabilities, sensory impairments, specific learning difficulties, autistic spectrum disorders, mental health difficulties and medical conditions which may have an impact on day-to-day activities, to take part in all aspects of the University's academic and social programmes. To this end, the University will: Encourage applications to study at the University from people with disabilities Judge applicants with disabilities solely on the basis of their academic potential Invite applicants with a disability to contact the University to discuss their specific needs and how these can be met Offer additional provision to ensure that disabled people are not disadvantaged in comparison with others at the application stage Collect and analyse student data on disability for the purposes of monitoring and ensuring appropriate allocation of support and resource Work towards the earliest possible identification of support requirements 1 Offer information to each applicant with disabilities who requires study related support from the Disabled Students’ Allowance and advice to those who may not be eligible Work towards an accessible curriculum Provide adapted examination arrangements for eligible students Provide educational support services such as note-taking, study skills tutoring and mentoring. Remain committed to ensuring that academic schools are active in supporting students with disabilities by providing reasonable adjustments and alternative arrangements Continue to make improvements to the physical and learning environment so that students with disabilities will be able to play a full part in University life Continue to increase the provision for disabled students in the University's campus-based residential accommodation Endeavour to provide accommodation for carers, subject to funding being available from the student or their funding bodies Take steps to encourage students with progressive conditions, or who become disabled during their time at the University, to continue in their chosen course of study Provide the appropriate level of disability awareness needed to foster an inclusive community, and endeavour to ensure appropriate training for those working directly with disabled students Seek to provide support to students who do not qualify or are temporarily not in receipt of funding for their support Endeavour to ensure that health and safety procedures are inclusive Take active steps to consider students' feedback and the development of good practice in the support of disabled students Regularly review this policy 2. PURPOSE The overall purpose of the policy is to ensure that the University is committed to providing access to and enabling students with physical disabilities, sensory impairments, learning difficulties, autistic spectrum disorders, mental health difficulties and medical conditions to take part in all aspects of the University's academic and social programmes. The policy aims to comply with the requirements of the Equality Act 2010, and the wider expectations of the University's Equality Diversity and Inclusivity Policy. 3. SCOPE This policy applies to all applicants and existing students of the University, and applies to all University campuses and European Study Centres 2 4. LEGISLATION 4.1 Equality Act 2010 You are disabled under the terms of the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities. The Act makes it unlawful for providers of Post 16 education and related services to discriminate in: The admissions and enrolment of students The terms on which admissions and enrolment offers are made By refusing or deliberately omitting to accept an application for admission or enrolment The provision of academic references The provision of services provided wholly or mainly for students or those enrolled on courses - including: Curriculum design Teaching including classes, lectures, seminars. practical sessions Learning facilities such as lecture theatres, seminar rooms, laboratories, studios, dark rooms Examinations and assessments Field trips and study abroad programmes Research degrees and facilities Independent learning opportunities such as e-learning and distance learning Learning equipment and materials Libraries, learning centres and information centres and their resources Information and communication technologies Graduation and certificate ceremonies Welfare and health services Short courses Leisure, child care and catering facilities or accommodation 4.2 Discrimination may occur in the following ways: Direct discrimination occurs where, because of disability, a person receives worse treatment than someone who does not have a disability. This provision is intended to stop people being denied a service, or receiving a worse service, because of prejudice. Indirect disability discrimination happens when there is a rule, a policy or even a practice that applies to everyone but which particularly disadvantages people with a particular disability compared with people who do not have that disability, and it cannot be shown to be justified as being intended to meet a legitimate objective in a fair, balanced and reasonable way. 3 Discrimination by association This is direct discrimination against someone because they associate with another person who possesses a protected characteristic. Perception discrimination This is direct discrimination against an individual because others think they possess a particular protected characteristic. It applies even if the person does not actually possess that characteristic. 4.3 Duty to make reasonable adjustments The Act makes it a statutory duty for a responsible body to make reasonable adjustments. This is an anticipatory duty owed to disabled people and students at large. It is not simply a duty to individuals. The Act states that responsible bodies should not wait until a disabled person applies to a course or tries to use a Service before thinking about what reasonable adjustments they could make. Instead they should continually be anticipating the requirements of disabled people or students and the adjustments they could be making for them, such as I) regular staff development and ii) reviews of practice. Failure to anticipate the need for an adjustment may mean it is too late to comply with the duty to make the adjustment when it is required. 4.4 Student Services The Act states that it is unlawful for educational institutions to discriminate against disabled students in the provision of ‘student services’. ‘Student services’ are not just guidance and welfare services, but cover "any services that an institution provides or offers to provide wholly or mainly for students attending or undertaking courses." Some of these areas were previously covered by earlier Acts of Parliament, but aspects relating to teaching and learning are covered for the first time. 5. RESPONSIBILITIES 5.1 Employer The Senate and Senior Management of the University are responsible for the monitoring and review of this and related policies and through delegation to the Student Experience Committee and / or the Inclusivity Strategy Group 5.2 Heads of Academic Schools and Heads of Professional Services 4 The Director of Student Services is responsible for the development, implementation and monitoring of this policy. Heads of Schools and Heads of Professional Services have the following responsibilities: implementation of the policy ensuring that managers and staff are aware of, and follow the policy consideration of relevant adjustments attending appropriate training courses and ensuring that staff attend ensuring Academic School Disability Statements are written, and made available to students and staff 5.3 Employees and Agents The law establishes that the University is responsible for anything done by their employees in the course of their employment and its agents, whether or not the employer or agent is aware of the legislation. All staff of the University are expected to be aware of this policy and to treat those with disabilities with dignity and respect and in accordance with these provisions. Regular training and awareness briefings are offered through the Learning and Development Programme, and all staff should aim to attend. 6. DISCLOSURE AND CONFIDENTIALITY All applicants are encouraged to disclose their disabilities so that appropriate support can be made available to them. All information and documentation regarding an applicant or student’s condition will be used exclusively for the purpose of planning and implementing an appropriate support provision by Student Support and Wellbeing in order that the disabled person may gain the maximum benefit from the educational opportunity at the University. Information relating to an applicant or student’s support requirements will be shared with university staff and contracted support workers directly involved in the planning or the delivery of the person’s support provision. Student Support and Wellbeing identifies and assesses support needs, and works closely with each student, medical practitioners and/or assessors and academic schools representatives, so that a student’s support needs can be met at an early stage. Members of staff should be advised to pass on information related to disclosure to both the academic School representatives and to Student Support and Wellbeing. If the student or applicant prefers his/her disclosure not to be passed to Student Support and Wellbeing, the student would need to be reminded that this may affect the level of institutional support available to him/her and a proper entry record should be kept about this happening. All student and applicant information is protected under the Data Protection Act 1998. Student Support and Wellbeing is entrusted to the custody of the evidencing 5 documentation regarding the applicants and students conditions. Both electronic and paper files will be kept on every student who registers with Student Support and Wellbeing. Paper files contain all reports or documentation submitted by the student/applicant, staff case notes and any other appropriate items, such as relevant correspondence, Disabled Students’ Allowance information, etc. Student Support and Wellbeing also uses the Student Database to hold and process student information, which is kept in conformity with the Data Protection Act. Information and documentation submitted or redirected to Student Support and Wellbeing will be treated as confidential. Strict measures to protect its content from unnecessary disclosure to other members of staff not directly involved with the support of his/her needs will be observed at all times. This duty may only be over-ridden by health and safety considerations related to the person or to others. Information about individual conditions or support provisions will not be disclosed to, or discussed with, any individual outside the University- including a parent or guardian without the written consent of the applicant or student. This also applies to member of staff not directly involved in the provision of support of the person. All files are confidential to Student Support and Wellbeing and are accessible only to staff within the department. Files are kept for six years and then confidentially destroyed. Students and applicants are entitled to see their paper files in order to check their accuracy by arranging an appointment with the Head of Student Support and Wellbeing. Students or applicants may also see any personal data held on the database in accordance with University policy. 7. RECRUITMENT AND SELECTION All applicants must be judged solely on the basis of academic potential. Applicants with a disability will be asked to give information about their disability and should be invited to discuss their specific circumstances and how these can be met. Applicants with a disability may need special support or extra help at this stage and this is provided by Student Support and Wellbeing, working closely with the Medical Centre, the Accommodation Office, Estates Office, the Recruitment and Admissions Office and the Academic Schools. The University will, through Student Support and Wellbeing make contact with all applicants who declare a disability, to ascertain a preliminary assessment of needs and offer special support at that stage. If applicants with disabilities require individual support during the selection stage, then that is provided in consultation with the Recruitment and Admissions Office. 8. FACILITIES The University has a range of facilities available to support students, which include: A team of specialist tutors A team of support workers such as Note- takers, Readers, Mobility enablers, amanuenses, personal assistants Rooms for study skills tuition Portable equipment for loan to students that do not qualify for the DSA. A campus access guide 6 A resource centre for information and advice, including a web site http://www.kent.ac.uk/studentsupport and a special contact e-mail address: accessibility@kent.ac.uk Provision for students who require adapted rooms or who have serious medical conditions to live in on-campus accommodation. Special car parking bays are reserved for students who have access difficulties. A number of teaching rooms and seminar rooms have been specially adapted for use by students with disabilities. 9. POLICY IMPLEMENTATION The University has a Student Experience Committee and Inclusivity Strategy Group to cover most of the issues regarding disabled students. 10. COMPLAINTS AND FEEDBACK The Director of Student Services welcomes suggestions for improvements from students. Any complaints about the services offered by Student Support and Wellbeing should, in the first instance, be raised with the member of staff offering that service. If the complainant is dissatisfied with the result of the response given by the member of staff to whom the complaint was made, then a written complaint should be lodged with the Student Conduct and Complaints Officer within ten days. The complaint will be dealt with by the Director of Student Services. The Complaints Procedure and the Dignity at Study Policy can be found at www.kent.ac.uk/regulations/general.html 11. MONITORING AND EVALUATION Users have the opportunity to comment on the quality of the service they have received through evaluation questionnaires. A summary will be presented annually to the Student Equality Diversity and Inclusivity Operations Group. 12. OTHER INFORMATION AVAILABLE Further information is available on the Student Support and Wellbeing sections of the Student Services website: www.kent.ac.uk/studentsupport 13. FURTHER HELP AND GUIDANCE - PLEASE CONTACT: Student Support and Wellbeing 01227 823158 Email: accessibility@kent.ac.uk 7 WLC/GG/BL 23.01.15 GG 09.04.15 8