Equal Opportunity On Line Training Module 4: Disability Law & Access

Practice Issues

Q. A student has told me they have a disability and would like some accommodations for their study. However they have not told me what their disability is. Should I provide the support?

A. Yes. Although a student is not required to disclose the nature of their disability to faculty staff the University does have an obligation to establish that any accommodations provided to that student are appropriate given the disability and its impact on the student. Such accommodations, however, would normally be discussed in the first instance with the Disability Liaison Unit.

Documentation by a relevant medical or other practitioner is required before any adjustments are provided. This should include the nature of the disability and the functional limitations in relation to academic performance, and where appropriate, recommendations for accommodations. In the case of a temporary medical condition or other disability whose impact changes over time updated documentation will be required on a regular basis. The University must ensure that personal, sensitive and health information is handled confidentially and appropriately and the Disability Liaison Unit when registering a student provides all of the necessary information and assurances about these protocols.

It is necessary for staff to be sensitive to the requirements of students with disabilities and long term medical conditions and when in doubt about requests for support being made by students should contact the Disability Liaison Unit for advice.

Q. I have heard staff members talk openly about the disability of a student. I am concerned about the impact of this on the student's reputation.

A. Unless the student has given their permission, it is not appropriate to discuss their disability with other staff or students. Confidentiality and privacy are a right under the law for those with a disability.

Students with a disability have the obligation to disclose the nature of their disability to the University if they wish to receive support. Thereafter their requirements can be dealt with without reference to the cause of the disability. What can be discussed, by relevant people, are the academic adjustments required to ensure equal access to education. While some students are quite happy to openly disclose their disability others expect and have a right to strict confidentiality. You should always check how the student would like this managed.

The Disability Liaison Unit can be contacted to discuss and confirm appropriate academic adjustments requested by students. Such adjustments will be based on appropriate documentation provided by students.

Information provided to the Disability Liaison Unit is strictly confidential and will only be released to staff with the knowledge and consent of the respective student.

Q. I have had a number of students with mental health problems and I have not provided the same support for them all. Is this OK?

A. The effects of a disability may vary widely between people and over time. Those with the same impairment may have very different requirements. Also remember that the disability and its effects may not be obvious. The person may not fully know the effects of their disability on study or work. Flexibility over time is important, especially with newly acquired or diagnosed disabilities.

Treating people differently is good if it means you are taking into account the individual circumstances of the person in their situation.

Treating everyone the same way does not mean everyone has equal opportunity.

Having a disability, especially if it is longstanding, means you have had to live constantly with it and learn how to manage it. Students with a disability are a great source of advice on what they require and how to get around difficulties. In making decisions a key element is ensuring enhanced independence through the provision of accommodations which are the least disruptive and intrusive.

People with longstanding disabilities often know exactly what they need and how to get around difficulties.

Q. What if a student's disability is such that they are unlikely to gain employment in their chosen profession?

A. Under the DDA it is unlawful for educational authorities to refuse to admit a person with a disability to a professional or skill-based training course on the basis that a person with a disability is unlikely to be able to work in the profession or trade because of his or her disability.  Qualifying and vocational bodies may refuse to authorise or qualify a person with a disability, if because of the person's disability, the person is unable to carry out the inherent requirements of the trade or profession.  Educational authorities are not able to pre-empt the decisions of the qualifying body.

Q. I have a student with a disability and I am unsure how to respond to their requests. What should I do?

A. The Disability Liaison Officers are available for consultation in relation to appropriate supports and accommodations for students and staff. They have knowledge of our legal obligations and are experienced in providing practical supports. OH&S Officers can also provide expert advice on safety in the workplace if this is a concern.

The person with the disability is usually the best adviser of the type of adjustment to implement.

Q. Isn't it a two way process of rights and responsibilities?

A. Yes, both the university and students and staff with disabilities share rights and responsibilities. The university must ensure the right to confidentiality, privacy, equity in decision making, and strive for equal access and an environment which is inclusive across a broad range of abilities.

Students and staff with a disability who want adjustments to work or study have a responsibility to make their requirements known in a timely manner and provide the appropriate information as required.

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