Disability Action Plan

Approving Authority:	Council / Academic Senate
Establishment Date:	30 October 1997
Date Last Amendment:	Amended October 2007
Nature of Amendment:	Updated to take into account three implementation progress reports, terminology, and changes of operational levels.
Date Last Reviewed:	16 March 2005, October 2007
Responsible Officer:	Director, Human Resources

TABLE OF CONTENTS

1. INTRODUCTION Background The Disability Discrimination Act 1992 (DDA) is a piece of Commonwealth legislation which creates a new context for service provision. The DDA requires that people with disabilities be given equal opportunity to participate in and contribute to the full range of social, political and cultural activities. Access for people with disabilities, including access to the goods, services and facilities provided by tertiary education institutions, can no longer be an after-thought. The DDA is not about limited or ‘parallel’ access, but promotes and protects equality of access – physical, informational and attitudinal. Action Plans have the capacity to produce the systemic change that is required to eliminate disability discrimination whether it be direct or indirect. Through an Action Plan, a tertiary education institution may reduce the risks of having complaints made against it under the DDA. An Action Plan will also assist a tertiary education institution better to meet its objective of providing high quality educational services to the whole community, of which people with disabilities constitute over 18%. In view of this, the University willingly accepts its obligation to uphold the fundamental entitlements of people with disabilities and will continue its on-going commitment to developing an institutional culture which provides equality of opportunity for all staff and students including those with disabilities. Disability Discrimination Act 1992 (DDA) The objectives of the DDA are: (a) to eliminate, as far as possible, discrimination against persons on the grounds of disability in the areas of: (i) work, accommodation, education, access to premises, clubs and sport; and (ii) the provision of goods, facilities, services and land; and (iii) existing laws; and (iv) the administration of Commonwealth laws and programs; and (b) to ensure, as far as practicable, that people with disabilities have the same rights to equality before the law as the rest of the community; and (c) to promote recognition and acceptance within the community of the principle that persons with disabilities have the same fundamental rights as the rest of the community. A Disability Discrimination Commissioner has been appointed to promote awareness of the DDA and compliance with its provisions. The Commissioner is based in the Federal Human Rights and Equal Opportunity Commission (HREOC). Disability Action Plans The DDA makes provision for organisations to produce a disability action plan (DAP). This is a strategic document which sets out an organisation's commitment to meeting its obligations and responsibilities under the DDA. An action plan can be lodged with HREOC, and in the event of a complaint being made against the organisation, whilst not a defence of discrimination, can assist HREOC in evaluating the claim. An effective action plan will reduce the potential for successful complaints against an organisation by removing the causes of complaint over time demonstrating to people with disabilities that the organisation is already taking all achievable measures to ensure equal opportunities for access to and participation in programs and services; and providing targets and benchmarks against which the organisation's compliance with the DDA can be measured. Section 61 of the DDA has specified that an action plan must include provisions relating to: the devising of policies and programs to achieve the objectives of the DDA; and the communication of these policies and programs to persons within the organisation; and the review of practices within the organisation with a view to the identification of any discriminatory practices; and the setting of goals and targets (where these may reasonably be determined) against which the success of the plan in achieving the objectives of the DDA may be assessed; and the means, other than those referred to in the above, of evaluating the policies and programs; and the appointment of persons within the organisation responsible for implementation of the plan. HREOC will accept an action plan if it is inclusive of these components. In developing a Disability Action Plan an institution is asked to focus on its role as a service provider. For the University, this includes the provision of lectures, information distribution, access to classrooms, examination of students, publication of newsletters and the operation of theatres, food and bar services and sporting facilities. It also includes all services funded by the institution, including child care and student medical services. Disability Discrimination Act and the University As Flinders University is primarily an institution of learning it is appropriate that the Action Plan look in detail at the area of education, and consider the ways in which people with disabilities will be assisted, wherever possible, to gain access to and participate in the same quality education which is available to students without disabilities. However, as the University is also an employer and provider of accommodation and many other services, it is equally appropriate that these areas also be included in the Action Plan. Definition of key terms Disability The definition of disability adopted by Flinders University is that which appears in Section 4 of the DDA. disability, in relation to a person, means: (a) total or partial loss of the person’s bodily or mental functions; or (b) total or partial loss of a part of the body; or (c) the presence in the body of organisms causing disease or illness; or (d) the presence in the body of organisms capable of causing disease or illness including HIV/AIDS; or (e) the malfunction, malformation or disfigurement of a part of the person’s body; or (f) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or (g) a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour; and includes a disability that: (h) presently exists; or (i) previously existed but no longer exists; or (j) may exist in the future; or (k) is imputed (or presumed) to a person. It is important to note the broadness of this definition as people sometimes limit their understanding of disability to someone who has a physical disability. Discrimination Disability discrimination is unfavourable treatment of a person on the grounds that: • they have a disability; • they are accompanied by a carer, interpreter, reader or other assistant; • they are accompanied by a guide dog, hearing assistance dog or other trained animal assistant; • they use a palliative or therapeutic device or auxiliary aid (eg. walking frame, hearing aid, wheelchair etc); or • they are the associate of a person with a disability. Disability discrimination can take the following forms: Direct discrimination occurs when people are treated less favourably because they have a disability, than a person without that disability would be treated in the same or similar circumstances. Indirect discrimination occurs when there is a requirement or condition (a policy, a practice, a procedure, or just 'a way of doing things') imposed, applied or maintained (a) that has an unequal or disproportionate effect on a person with a disability, or a group of people with disabilities compared to the effect that it has or would have on persons who do not have that disability and (b) that is not reasonable having regard to the circumstances of the case whether or not the requirement or condition is or would be also applied to persons without that disability. Other major provisions under the DDA include harassment on the grounds of a person's disability and protection from victimisation because a person proposes to or exercises their rights under the DDA. Examples of discrimination covered by any of the above may include: • ridicule • physical and emotional intimidation • verbal derogatory comments made in the course of a lecture, tutorial or interview • written derogatory comments by students or staff • restricting access to services, accommodation, educational or employment opportunities on the basis of stereotyping people with disabilities, or • restrictive personnel practices. The DDA specifies that actual or proposed discrimination occurs regardless of the intentions of the person committing the unlawful act. Behaviours that may be regarded as harmless, trivial, a joke or acceptable to one person may be discrimination or harassment to those who find offence. Reasonable adjustment / accommodation For many people with disabilities, a major barrier to receiving equal opportunity in access and participation is not the disability itself, but some feature of the situation that could easily be accommodated or adjusted. The term ‘reasonable adjustment’ is not contained expressly in the DDA although there is a requirement that service providers and employers will make reasonable adjustments. However, the Disability Standards for Education 2005 sets out the following meaning: “3.4 Reasonable adjustments (1) For these Standards, an adjustment is reasonable in relation to a student with a disability if it balances the interests of all parties affected. Note: Judgements about what is reasonable for a particular student, or a group of students, with a particular disability may change over time. (2) In assessing whether a particular adjustment for a student is reasonable, regard should be had to all the relevant circumstances and interests, including the following:   (a) the student’s disability; (b) the views of the student or the student’s associate, given under section 3.5; (c) the effect of the adjustment on the student, including the effect on the student’s:   (i) ability to achieve learning outcomes; and (ii) ability to participate in courses or programs; and (iii) independence;   (d) the effect of the proposed adjustment on anyone else affected, including the education provider, staff and other students; (e) the costs and benefits of making the adjustment.   Note A detailed assessment, which might include an independent expert assessment, may be required in order to determine what adjustments are necessary for a student. The type and extent of the adjustments may vary depending on the individual requirements of the student and other relevant circumstances. Multiple adjustments may be required and may include multiple activities. Adjustments may not be required for a student with a disability in some circumstances. The Standards generally require providers to make reasonable adjustments where necessary. There is no requirement to make unreasonable adjustments. In addition, section 10.2 provides that it is not unlawful for an education provider to fail to comply with a requirement of these Standards if, and to the extent that, compliance would impose unjustifiable hardship on the provider. The concept of unreasonable adjustment is different to the concept of unjustifiable hardship on the provider. In determining whether an adjustment is reasonable the factors in subsection 3.4 (2) are considered, including any effect of the proposed adjustment on anyone else affected, including the education provider, staff and other students, and the costs and benefits of making the adjustment. The specific concept of unjustifiable hardship is not considered. It is only when it has been determined that the adjustment is reasonable that it is necessary to go on and consider, if relevant, whether this would none-the-less impose the specific concept of unjustifiable hardship on the provider. (3) In assessing whether an adjustment to the course of the course or program in which the student is enrolled, or proposes to be enrolled, is reasonable, the provider is entitled to maintain the academic requirements of the course or program, and other requirements or components that are inherent in or essential to its nature.   Note In providing for students with disabilities, a provider may continue to ensure the integrity of its courses or programs and assessment requirements and processes, so that those on whom it confers an award can present themselves as having the appropriate knowledge, experience and expertise implicit in the holding of that particular award.” The principle of ‘reasonable adjustment’ and ‘reasonable accommodation’ allows that wherever it is 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. Such variations as are required to enact this principle may be made in relation to both the education of students and the employment of staff. For example, accommodations or adjustments may be made to employment arrangements for staff or education arrangements for students, to the buildings or grounds of the University, or by way of the provision of specialised equipment. Some accommodations or adjustments may involve little or no additional expenditure. Others however may require substantial costs which need to be weighed against the benefits to be gained. However, in many cases the accommodations / adjustments made for people with disabilities are also of benefit for people without disabilities. For example, ramps for wheelchair access make it easier for staff to move furniture or equipment from building to building. If the organisation can prove that the accommodations or adjustments would impose an unjustifiable hardship on the organisation, it is not legally bound to make the accommodations or adjustments. Unjustifiable hardship Section 11 of the DDA provides that in determining what constitutes unjustifiable hardship, all relevant circumstances of the particular case are to be taken into account including: the nature of the benefit or detriment likely to accrue or be experienced by any persons concerned; and the effect of the disability on the person concerned; and the financial circumstances and the estimated amount of expenditure required to be made by the organisation claiming unjustifiable hardship; and in the case of the provision of services, or the making available of facilities, an action plan given to the HREOC under section 64. This is not a comprehensive definition but rather a guide to matters that a decision-maker must have regard for in assessing a claim of unjustifiable hardship. Unjustifiable hardship is determined on a case-by-case basis bearing in mind the objectives of the DDA. An assessment of the adjustments the person requires will be considered together with a comprehensive assessment of the effect or likely effect on the person's disability and required adjustment on the part of the University, its staff and other stakeholders. No single factor alone will constitute a case of unjustifiable hardship. Associate, in relation to a person, includes: (a) a spouse of the person; and (b) another person who is living with the person on a genuine domestic basis; and (c) a relative of the person; and (d) a carer of the person; andanother person who is in a business, sporting or recreational relationship with the person Contract worker means a person who does work for another person under a contract between the employer of the first-mentioned person and that other person.   2. DISABILITY ACTION PLAN AND THE UNIVERSITY Progress to date The University has achieved significant changes in the area of disability. The Flinders’ Disability Action Plan (DAP) was introduced in 1996 replacing the former Policy and Action Plan for Students with Disabilities adopted in 1993 and to monitor the recommendations made in an audit of physical access to all sites of the University undertaken in 1995 (The ‘Matthews Report’). The six Cost Centres first reported on implementation progress in 1999 under the broad reporting themes of Teaching and Learning, Working Environment and Access and Support Services. That report received, from the Federal Disability Discrimination Commissioner, a certificate of recognition of the commitment and progress Flinders has made to improve access for people with disabilities. The six Cost Centres provided further reports to the Vice Chancellor’s Committee in January 2002, September 2004 and January 2006 to highlight enhancements since the last report, and to identify areas for improvement. Yunggorendi First Nations Centre for Higher Education and Research will report in 2008. The University has a Disability Liaison Officer (to coordinate specific services for students), a Disability Academic Adviser (FDAA) in each Faculty (to act as a point of contact and information on disability issues for students and staff) and a Disability Committee to assist with the implementation of the DAP. The University continues to regularly revise its student-related policies and procedures to enhance access and participation for students with disabilities; regularly reviews its employment policies through the Enterprise Bargaining negotiations and continues to allocate resources for the provision of facilities and services for people with disabilities. Ongoing provision has been made in the Capital Plan to 2012 to enable Buildings & Property Division to continue to support the physical access upgrade program. Access to some parts of the campus remain difficult because the campus is built on a hill with a gradient greater than 1:5 in some parts. However, necessary amenities have been installed (upgraded internal transport system, signage, entrances, lifts, ramps, universal access service areas and toilets). These improvements will continue to be made within the University’s Capital Management Plan. The University continues to work co-operatively with the other South Australian Universities and TAFE Colleges through the Regional Disability Liaison Officer to maximize the efficient and effective use of resources and expertise in the development of resources for the institution. The University will continue to enhance services designed to eliminate the effect of barriers experienced by staff and students with disabilities. Implementation of the Disability Action Plan The Vice Chancellor The Vice-Chancellor is the Responsible Officer for the implementation of this Plan. The Vice-Chancellor has delegated the responsibilities for carrying out the actions identified in this Plan to the Heads of the major Cost Centres (four Executive Deans, the Librarian, Executive Director of Administration and the Director, Yunggorendi). Committee level Academic Senate has a key role in monitoring the University’s performance against the goals, objectives and actions identified in the University Strategic Plan the Flinders Strategic Priorities and Future Directions Mark III. The University aims to be a good corporate citizen by acting in accordance with the full range of legislative requirements. This committee which reports to Council has the responsibility for monitoring and endorsing the DAP and initiating any resulting policy changes. The Equal Opportunity and Diversity (EO&D) Committee is an expert standing committee of Academic Senate and advises it on major policy matters in the areas of equal opportunity (& disability), affirmative action, student access and equity, diversity and inclusiveness. This Committee reviews and improves the DAP following receipt of Cost Centre reports from VCC and makes recommendations to Academic Senate. The Disability Committee is a standing committee of the Equal Opportunity and Diversity Committee. It is responsible for assisting Cost Centres implement the Disability Action Plan and for providing advice to the EO&D Committee on specific matters relating to students with disabilities. The membership of the Disability committee includes academic and general staff and students with disabilities. The Vice-Chancellor’s Committee (VCC) (convened by the Vice-Chancellor) consists of the heads of the major cost centres and the Deputy Vice-Chancellors and deals with all major policy and management issues in the University. This committee has taken on the task of overseeing the implementation of equal opportunity and equity policies within cost centres across the university and this includes provisions for staff and students with disabilities. Heads of cost centres will report biennially to this committee on the implementation of the Disability Action Plan in their areas. Operational level Disability Liaison Officer The Disability Liaison Officer is located in Central Administration and reports to the Head of Health and Counselling Services. The Disability Liaison Officer works in close association with the Director of Academic and Student Services and Faculty Disability Academic Advisers on a range of academic matters relating to students with disabilities. The Disability Liaison Officer's activities include provision of information regarding assistance for students with disabilities, advocacy on disability issues on behalf of individual students or a number of students and coordination of specific services that enable students with disabilities to access and participate in university study. Executive Deans are responsible for implementing the objectives of the DAP in their respective Faculty. Faculty Disability Academic Advisers (FDAA) are appointed in each Faculty by the Executive Dean to act as a point of contact and information for students with disabilities in their faculty act as a point of contact for Health and Counselling Service members in seeking to negotiate with academic staff in their faculty act as a point of contact for academic staff within the faculty who may need to clarify issues in regard to reasonable adjustments to assessment and teaching methods for students with disabilities. Training for FDAAs will be provided by the Staff Development and Training Unit of the University in association with the Equal Opportunity Unit. The Executive Director of Administration, the Librarian and the Director, Yunggorendi are responsible for implementing actions in this Plan relating to their respective cost centres. The Equal Opportunity Unit is responsible for promoting the Disability Action Plan in order to provide an inclusive environment and improve service delivery for students and staff with disabilities; provides advice to the Director of Academic and Student Services and the Manager of Human Resources Division on the development and review of education or employment policies which may impact on students and staff with disabilities; maintains a network of contact officers to provide information and support to students or staff with disabilities on matters of discrimination or harassment. is responsible for conciliating complaints of discrimination or harassment.   Policy development and review The Academic Senate is responsible for the overall development and review of equal opportunity, diversity and anti discrimination policies. This includes the development, monitoring and evaluation of the Disability Action Plan. Other policies related to this Plan including grievance procedures for disability discrimination and harassment will be regularly monitored and reviewed by the Academic Senate and reported annually to Council. A significant education policy development for students with disabilities has been the Guidelines for Reasonable Adjustment to Assessment and Teaching Methods for Students with Disabilities which is Appendix A to the Assessment Policy, available in the Student Related Policies & Procedures Manual (http://www.flinders.edu.au/ppmanual/student/SecC_e.htm).   Funding The Central Administration has specific responsibility for funding the salaries for staff dealing with equal opportunity and disability. It also has responsibility for managing the budgets for the Higher Education Equity Program the Capital Works Program, the Staff Development and Training Unit and Student Support Services, including special equipment needs, adaptive technology and other facilities and services for students with disabilities. The Library manages the provision, support and training in the use of adaptive technologies for students on behalf of the University. Executive Deans are responsible for funding academic programs in their Faculties and for providing appropriate teaching related assistance for students with disabilities in the courses/topics they offer. In instances where students are enrolled in cross-faculty topics and the assistance requires additional funding, the Executive Deans will liaise in order to achieve an acceptable funding arrangement. Where an Executive Dean claims unjustifiable hardship in respect to providing reasonable accommodation or adjustment the relevant Executive Dean may take the issue up with the Vice-Chancellor who may provide some assistance from central funds. All Cost Centre Heads are responsible for funding reasonable accommodations or adjustments for staff with disabilities in their areas. Where a Cost Centre Head claims unjustifiable hardship in respect to these the relevant Cost Centre Head may take the issue up with the Vice-Chancellor who may provide some assistance from central funds.   Monitoring, review and evaluation of the Disability Action Plan Each of the major cost centres will be responsible for monitoring, reviewing and evaluating their success in achieving relevant objectives in the Disability Action Plan in their cost centre. Cost Centre Heads will report to the Vice-Chancellor biennially on the implementation of the Plan in their cost centres. The Equal Opportunity & Diversity Committee will receive these reports from the Vice-Chancellor after they have been discussed by the Vice-Chancellor's Committee and prepare an overall report for Academic Senate. Review: DAP to be reviewed every 8 years from 2005 Evaluation: to be assessed in a variety of ways: Greater use of services by students who have a disability Increased number of students with a disability Increased retention rates of students with a disability Observable changes in staff understanding of disability discrimination issues, or Improvements in the physical accessibility of campus buildings. Promotion of the Disability Action Plan The Equal Opportunity Unit is responsible for the promotion of the Disability Action Plan within the University. It will achieve this by: including information and training about the DAP in appropriate staff development training programs placing the complete DAP on the University's intranet inviting staff and students to seek further advice or information on the DAP from the Disability Liaison Officer or the Equal Opportunity Unit.   Consultation Updating of the Disability Action Plan has been achieved by consultation with the Disability Committee and the Vice-Chancellor’s Committee. The authors of the 1997 DAP consulted widely with stakeholders within the University community. Those consulted included Heads of Faculties and selected staff and students within the faculties; the Disability Liaison Officer; the Librarian and Library staff; the Director of Administration & Registrar; Manager of Human Resources; Manager of Academic & Student Services and related staff; the Manager and the Executive Officer of the Buildings and Property Division; Dean, University Hall; Head, Equal Opportunity Unit; Executive Officers Child Care Centre and Sports Association; Head, Health & Counselling Services and related staff; Manager of Information Services; the Disability Committee; Student Union and Postgraduate Students’ Association; Disability Liaison Officers from University of Adelaide and University of South Australia. Earlier drafts of the plan were distributed to all cost centres for comment and revision. The Head, Equal Opportunity Unit and the Disability Liaison Officer will consult annually on the effectiveness of the Disability Action Plan. Consultation will take place by • holding an annual meeting of staff and students with a disability, organisations representing people with disabilities and other interested persons; and • using the disability network outlets (such as email, newsletters, Disability Committee) to invite comments from staff and students with a disability. • Seeking comments through other electronic media.   3. EDUCATION Introduction Flinders University acknowledges and supports the right of people with disabilities to be involved in higher education. As this Action Plan confirms, the University is committed to providing a supportive and safe learning environment for all students with disabilities so that they are able to participate to the fullest possible extent in the education programs offered by the University and all other aspects of University life. With respect to the provision of services, international students are also covered by this Plan. The University recognises that as a consequence of disability some people may have experienced educational disadvantage that prevents them from satisfying the usual entry requirements of the University. In view of this the University will consider applications to vary the standard entry requirements for people with disabilities. Assessment of a student's progress through a course/topic will continue to be based on academic performance, however provision is made within the policy on students with disabilities for reasonable adjustment to courses/topics in aspects of the delivery and method of assessment. Such adjustments will not compromise the essential content of a course/topic or the requirements to demonstrate essential skills and knowledge. Discrimination in education Discrimination in education is addressed in Section 22, Part 2 of the Disability Discrimination Act (DDA). This section states that it is unlawful for an educational authority to discriminate against a person on the ground of the person’s disability or a disability of any of the other person’s associates by refusing or failing to accept the person's application for admission as a student; in the terms or conditions on which it is prepared to admit the person as a student; by denying or limiting a student's access to any benefit provided by the institution; or by expelling a student; or by subjecting a student to any other detriment. It is not unlawful to discriminate against a person with a disability if their participation in education requires the University to provide services or facilities that impose unjustifiable hardship on the institution (refer to Definitions). In support of the above legislation the Australian Vice-Chancellor's Committee (AVCC) (now Universities Australia) issued guidelines in 1996 to assist universities fulfil their responsibilities to students with disabilities, see (http://www.universitiesaustralia.edu.au/content.asp?page=/policies_programs/equity/index.htm) The general principles within these guidelines are: Universities should aim to provide students with disabilities with the opportunity to realise their individual capabilities and to gain access to and participate in university life. Universities should ensure that all their interactions with students with disabilities are characterised by respect of their rights to dignity, privacy, confidentiality and equality. Universities should seek to provide support services to students with disabilities in the interests of equality and educational opportunity. Services may include alternative ways of accessing information and expressing knowledge; support in mobility and aspects of daily living that provide for participation in education; and general support services. Universities may request students to supply suitable documentation concerning the functional implications of their disability relevant to academic access so that appropriate support provisions can be negotiated. Universities should give attention to the resources needed to provide the appropriate environment and support services to students with disabilities. Universities are encouraged to pursue cooperative links with other educational institutions in their region and with community service providers in order to enhance access to highly specialised and expensive services. In particular circumstances, a university may be unable to provide the level of support services, access and/or facilities required by a student with a disability on the grounds that to do so would impose unjustifiable hardship on the university. Discrimination by professional registration bodies (qualifying bodies) Many university qualifications are shaped by the requirements of professional associations. Section 19 of the Act renders it unlawful for an organisation that is empowered to confer, renew, extend, revoke or withdraw an authorisation or qualification that is needed for or facilitates the practice of a profession or the carrying on of a trade or the engaging in of an occupation to discriminate against a person on the ground of the person's disability or a disability of any of the person's associates: by refusing or failing to confer, renew or extend the authorisation or qualification; or in the terms or conditions on which it is prepared to confer, renew or extend the authorisation or qualification; or by revoking or withdrawing the authorisation or qualification or varying the terms or conditions on which it is held. The Act specifies that it is not unlawful to discriminate on the above grounds if the person is not able to perform the inherent requirements of the profession. But it does not permit discrimination where the person can, or would be able to, perform the inherent requirements if some reasonable adjustment were made (refer to Definitions). However, it should be noted that there is some ambiguity concerning the relationship between this section of the Act and Section 22 which details an educational authority's obligations with respect to education. Actions that may not be unlawful under Section 19 may be unlawful under Section 22. Disclosures The sole purpose of disclosure of a disability is to facilitate the progress of a student through a course/topic or to make appropriate adjustments to the buildings or grounds of the University. The University will encourage students with disabilities to: contact the Disability Liaison Officer (DLO) for support, advice and practical assistance in all areas including, if appropriate, the process of disclosure to teaching staff; and declare such disabilities prior to, or during, enrolment to appropriate staff of the University. Any such disclosures will be treated as confidential and private by staff who are given this information. The Disability Liaison Officer is usually the only person who needs to receive documentation about a student’s disability. The DLO establishes an Access Plan on the basis of that documentation. An Access Plan is a document signed by the DLO that outlines the reasonable adjustments to assessment and/or teaching method that will need to be made for the student and which the student uses to discuss their individual requirements with relevant staff. Policy on Students with Disabilities Flinders University is committed to providing access and equity for students with disabilities to enable them to access and participate fully and independently, to the greatest extent possible, in the academic, cultural and social life of the University. The following general objectives form the basis of this Disability Action Plan to provide opportunities for students with disabilities to realise their individual capabilities for intellectual, social, emotional and physical development through a high level of participation in the University; to ensure that people with disabilities are not discriminated against in admission to a university course/topic; to provide equipment and support services which prevent, minimise or overcome barriers to fuller participation in academic and other activities within the University; to make reasonable adjustments in modifying, substituting or supplementing curricula, course/topic work requirements, timetables, teaching methods and materials, and assessment procedures to meet the needs of students with disabilities, without compromising academic standards; to respect the rights of people with disabilities to privacy and confidentiality and to ensure the delivery of services to students with disabilities in a manner which respects and promotes their human dignity, rights and opportunities; to foster and encourage among staff and students, positive, informed and unprejudiced attitudes towards people with disabilities; to cooperate with other universities, TAFE, secondary schools, government and community organisations to maximise use of resources available to the State for students with disabilities; and to provide appropriate level of resources within available funds in order to reasonably accommodate the needs of students with disabilities. The following sections of this Disability Action Plan give effect to the above policy and general objectives. Reasonable adjustment to teaching methods and assessment All policies related to students are contained in the Student Related Policies and Procedures Manual http://www.flinders.edu.au/students/current/policies.html. The principles for reasonable adjustment to assessment and teaching methods for students with disabilities (Appendix A of Assessment Policy) include: 1.1 Reasonable adjustment to assessment refers to special conditions/considerations in examinations and other assessment exercises, including placements, for students with disabilities. Reasonable adjustment to teaching methods refers to variations in the way that course/topics/topics are taught in order that they are accessible to students with disabilities. (Examples of reasonable adjustments to teaching methods include: reading aloud overheads for students who are blind, ensuring audio-visual materials are accompanied by transcripts or subtitles for deaf students, using accessible teaching venues for students with a physical disability, negotiating suitable placements for students with a variety of health issues.) 1.2 Reasonable adjustments to assessment and teaching methods are made using the following principles:   1.2.1 Students with disabilities are subject to the standard rules and policy on assessment and teaching methods, and assessment is only varied where a student can demonstrate with appropriate documentation that he/she is disadvantaged as a result of disability.   1.2.2 The nature of reasonable adjustments is such that they are designed to minimise the disadvantage experienced by students with disabilities, rather than provide students with a competitive advantage.   1.2.3 Moreover any adjustments to assessment for a student with a disability are to be made in such a way as to ensure that the fundamental nature of the assessment remains the same ie students with disabilities are still required to demonstrate a pre-determined level of ability in relation to essential course/topic requirements. Facilities and services for students with disabilities The University, within available resources, provides facilities and services which prevent, minimise or overcome barriers to fuller participation by students with disabilities in academic and other activities within the University. Examples of facilities include: computers, software, stethoscopes suitable for use with hearing aids and ergonomic furniture. Examples of services include: sign interpreters, note takers, proof readers, provision of print materials in alternative formats, scribes, readers and personal care. Students with disabilities enrolled in Flinders University courses are eligible to apply for facilities and services if they: have a documented disability; and experience some disadvantage in studying as a result of that disability which can be minimised by the provision of equipment or services. The University will make every attempt to provide facilities and services in a way that recognises the individual's needs, respects the student's right to privacy and confidentiality and provides a maximum degree of flexibility and student autonomy. Access to university Objective 1: To encourage people with disabilities to apply for courses offered by the University and to ensure that the University's entry requirements take into consideration any disadvantages experienced as a result of an applicant's disability. Strategies Continue to provide disability information and information on course offerings on the World Wide Web. Continue to participate in the joint Universities/TAFE information days. Continue to provide information to career advisers, secondary schools, TAFE and students with disabilities on the University's access programs and general services for students with disabilities. Continue to consider applications to vary standard entry requirements. Continue to include disability information in enrolment packages and the SATAC guide. Continue to provide course information and promotional material in alternative formats as required (ie. disc, braille, audio tape or large print). Ensure course information clearly details academic requirements particularly relating to field placements. Responsibility for action Director, Academic and Student Services through Disability Liaison Officer and Head, Admissions Office Resource implications Training for student enquiry staff about disability issues. Production of information in alternative formats. Time frame for action Ongoing   Academic support Objective 2: To provide a comprehensive range of facilities and services for students with disabilities. Strategies Continue to provide and promote services provided by the Disability Liaison Officer, Student Learning Centre, Careers & Employer Liaison Centre and Health and Counselling Service. Continue to provide appropriate support for students with disabilities who are considered to be "at risk" of not meeting the academic requirements of their course/topic due to the effects to their disability. Ensure that Faculty Disability Academic Advisers receive sufficient information and support to deal with disability issues and regularly obtain feedback about the quality of assistance they provide. Provide training for Faculty Disability Academic Advisers. Provide supplementary funded services for individual students with disabilities (eg Auslan interpreters). Ensure that students with disabilities are regularly consulted in the development and evaluation of facilities and services. Responsibility for action Director, Academic and Student Services through Disability Liaison Officer, Heads of the Student Learning Centre, Health and Counselling and Careers & Employer Liaison Centre. Resource implications Funding for Disability Liaison Officer position, and financial support for students with disabilities. Time frame for action Ongoing   Teaching and Learning Objective 3: To generate an environment within all faculties and Yunggorendi that encourages the provision of assistance to students with disabilities as part of the normal academic support for all students. Strategies 1. To improve academic staff awareness of the issues relating to students with disabilities through: disseminating information on the arrangements for students with disabilities while sitting examinations or doing assignments; encouraging all academic staff to attend disability information sessions and to ensure that they get sufficient information about what Faculty Disability Academic Advisers can offer students with disabilities; supporting the Faculty Disability Academic Advisers and the University's Disability Liaison Officer in their efforts to promote the learning and educational needs of students with disabilities, and by improving the networking of these officers with academic staff; producing a short series of case studies of successful students with disabilities and distributing these to academic staff on request; ensuring that staff induction includes an information session of issues relevant to students with disabilities; and ensuring the ‘Teaching for Learning’ website includes information relevant to teaching students with a disability. http://www.flinders.edu.au/teaching/   2. To have each faculty and Yunggorendi promote (1) the use of teaching strategies that are inclusive of students with disabilities and (2) the use of methods to evaluate learning that will minimise any disadvantage experienced by students because they have a disability through: identifying an academic staff member in each faculty as Disability Academic Adviser; ensuring that staff are aware of the University Guidelines for Reasonable Adjustment to Assessment and Teaching Methods for Students with Disabilities; encouraging staff to use inclusive teaching and assessment methods; regular evaluation of all courses and topics with respect to the inclusiveness of students with disabilities; ensuring that alternative assessment formats are available; and ensuring that all course and topic information includes a statement about the facilities and services available.   3. To provide appropriate accommodations for various elements of educational involvement (eg lectures, tutorials, practicals, field placements, examinations, assessments) for students with disabilities through: encouraging students to discuss their individual requirements with the Disability Liaison Officer and/or Course / Topic Coordinator; and encouraging students to obtain an Access Plan which is used as the basis for negotiating accommodations with the relevant staff; and ensuring each Statement of Assessment Methods (SAM) clearly defines course / topic requirements particularly relating to field placements. Responsibility for action Academic Senate, Heads of AOUs, Director, Yunggorendi, Head of Staff Development and Training Unit, Faculty Disability Academic Advisers and Disability Liaison Officer. Time frame for action Ongoing Resource implications Training for Faculty Disability Academic Advisers, preparation of material for distribution and funding for staff development programs.   4. EMPLOYMENT Introduction The University's Equal Opportunity Policy states that the University will not discriminate in the area of employment on the basis of disability. In the employment of all staff the University will, to the fullest extent possible, enable them to participate fully and independently in all aspects associated with work, career development and employee relations at the University. Issues relating to facilities and services for staff with disabilities are similar to those that apply to students with disabilities in matters of physical access as well as modifications to the work environment. Discrimination in employment Section 15 of the Disability Discrimination Act (DDA) makes it unlawful for an employer or a person acting or purporting to act on behalf of an employer to discriminate against a person on the ground of the other person's disability or a disability of any of that other person's associates: in the arrangements made for the purpose of determining who should be offered employment in determining who should be offered employment in the terms or conditions on which employment is offered in the terms and conditions of employment that the employer affords the employee by denying or limiting the employee's access to opportunities for promotion, transfer or training, or any other benefits associated with employment by dismissing the employee, or by subjecting the employee to any other detriment. Section 15 does not render it unlawful to discriminate against a person on the ground of their disability if, after taking into account the person's past training, qualifications and experience relevant to the particular employment and, if the person is already employed by the employer, the person's performance as an employee, and all other relevant factors that it is reasonable to take into account, the person because of his or her disability: would be unable to carry out the inherent requirements (see below) of the particular employment; or would, in order to carry out the inherent requirements, require services or facilities that are not required by persons without the disability and the provision of which would impose unjustifiable hardship (see definitions in 1.5) on the employer. Section 17 of the Act which covers contract workers has similar provisions to those in the above section. Inherent requirements The DDA does not require that a person with a disability be given a job which they cannot do: that is, cannot perform the inherent requirements of the job. Although the DDA does not give a detailed definition of what constitutes the inherent requirements of a position, provisions are contained in Sections 15(4) (Employment), 16(3) (Commission Agents), 17(2) (Contract Workers), 18(4) (Partnerships), and 21(2) (Employment Agencies). In HREOCS’ view, ‘inherent requirements’ need to be determined in the circumstances of each job. They may include: the ability to perform the tasks or functions which are a necessary part of the job productivity and quality requirements the ability to work effectively in the team or other type of work organisation concerned the ability to work safely. For example, being able to hear without assistance cannot be an inherent requirement of a job where alternative means of communicating are available which enable a person who is deaf or hearing impaired to perform the same range of job functions as a person without such an impairment. In view of this employers need to be aware that they have a responsibility to ensure that they do not restrict equal opportunity for people with disabilities. In assessing the merit of a person with a disability against the essential criteria of a position employers need to be aware whether the criteria are, in fact, inherent requirements of the position and whether by applying the principle of reasonable adjustment the person with a disability will be able to be meet these criteria. Where a person already in employment of the University becomes disabled, the principle of reasonable adjustment shall also be applied. Application of the principle of reasonable adjustment Adjustment can be made either to the working arrangements of the position or to the work environment to minimise or eliminate the effect of the disability. Adjustment may mean: exchanging some duties between the person with a disability and other colleagues; adapting existing equipment or obtaining equipment which has been specially designed; compensation for sensory impairment; rearranging the physical layout of the workplace, for example to allow for wheelchair access; providing information or training to people without disabilities; or accepting that there may be alternative ways of accomplishing a given task. Recruitment Objective 4: To ensure that the selection practices of the University do not discriminate against people with disabilities. Strategies • Continue current practices regarding advertising and selection of candidates. • Provide information about services and facilities for staff with disabilities when enquiries are made about vacancies. • Ensure that applicants with disabilities are aware that they may request to have an Equal Opportunity Officer on the selection committee. • Ensure that adjustments to / accommodations for interview and selection arrangements occur where necessary. • Human Resources to assist with services or facilities when difficulties in employment arise. • Provide training for recruitment staff and people on selection committees on issues relating to disabilities. Responsibility for action Director, Human Resources; Chairs of selection committees. Time frame for action On-going Resource implications Training for recruitment staff and members of selection committees.   Working Environment Objective 5: To provide reasonable and appropriate services and facilities to staff with disabilities which enables them to fulfil the inherent requirements of their employment. Strategies 1. To improve the level of services and facilities for staff with disabilities by: ensuring that staff induction programs include information about disability services and facilities; providing support and assistance when difficulties arise; investigating sources of government assistance for employment of people with disabilities; maintaining an equipment pool in the Library; establishing and maintaining an equipment fund; and encouraging staff with disabilities to undertake training and apply for promotion and vacancies. 2. To take the following action to ensure that managers and supervisors fulfil their responsibilities under the Disability Discrimination Act by: provide information of the DDA to all managers and supervisors; provide advice and assistance on disability issues for managers and supervisors; and ensure that managers and supervisors are aware of the services provided by the Commonwealth Rehabilitation Service (http://www.crsrehab.gov.au/). 3. To ensure that all staff acquire a knowledge of appropriate language and behaviour when working with people with disabilities by: adding to all staff newsletters and webpages information about services and facilities available for people with disabilities; circulating equal opportunity brochures on anti-discrimination and appropriate language use; and making sure that staff who conduct performance reviews have awareness training on issues relating to disabilities. Responsibility for action Director, Human Resources; University Librarian; Cost Centre Heads; Head, Equal Opportunity Unit Time frame for action Ongoing Resource implications Unknown   5. LIBRARY Introduction The Library provides access and assistance to users with temporary or permanent disabilities that enable them to access library and information resources and facilities for their study, teaching and research. The Library also manages the provision of adaptive technologies for students on behalf of the University. Users are encouraged to make contact with the Library staff at the beginning of each year to discuss any particular requirements. The Access Plan process by which students with a disability deal with university units in a coordinated manner starting with the Disability Liaison Officer is the major mechanism for making the initial link between student with disabilities and the Library. The Library also maintains a webpage detailing services for students with disabilities and contact details are linked from the Disability Page maintained by Health & Counselling. Services for students with disabilities are detailed in the Library Guides provided during orientation. Library staff, particularly those with service delivery roles have been made aware of how students should make initial approaches to the Library to arrange for services to meet their needs. A brochure entitled "Guide to the Library" is printed each year that provides useful information about library hours and services. The Library has a Disability Resource Centre located in the Central Library that offers specialised equipment for people with disabilities. Extensive technical support and some training is provided for users of this equipment. Equipment may be moved between branches according to student demand. In addition to the above, other facilities are available such as desks adapted to suitable wheelchair height and reading slopes. Library staff can also assist with: retrieving items from shelves; searching for information; photocopying (including print enlargement); and retrieval of material from other branches. Special loan conditions may also be negotiated with the Circulation Supervisor in any Library. The Library’s move to electronic collections and electronic reserve provides a number of significant advantages – 24/7 remote access, ease of enlargement on computer work-stations and the potential for these files to be ‘read’ using speech synthesis software. All Libraries now have Open entrances or entrances with electric sliding doors. Minimal internal barriers. Lift access to all levels. Appropriate toilet facilities in accessible locations. In addition a barrier free access path is available from an appropriate carpark to all branch libraries (except the medical library) throughout library opening hours.   Support Services Objective 6: To ensure that the Library meets the needs of staff and students with disabilities. Strategies Designate a senior staff member as the responsible officer for the development, implementation and evaluation of disability facilities and services within the libraries and promote the services of this officer. Continue to allocate and resource a room in the Library for use by people with disabilities. Ensure that all students and staff with disabilities are aware of library policy and services. The Associate Librarian (Reader Services) to liaise with branch librarians and suitable authorities within the University to ensure that people with disabilities have the easiest access possible to the buildings of all libraries during the full range of opening hours. Responsibility for action • University Librarian • Associate Librarian (Reader Services) who also represents the Library on the Disability Committee. Time frame for action Already implemented or on-going activities Resource implications Unknown. Resources to continue to be allocated   6. INFORMATION TECHNOLOGY SERVICES Introduction Reliance on information technology resources for communication and information search and retrieval is becoming an extremely important and often daily aspect of working and studying in a university. To the extent that universities take on a more active role in using these technologies, for example the use of the World Wide Web, FLO as a means of providing staff and students with access to information on courses, admission procedures, enrolment, support services and university policy, then the notion of access becomes one of providing access to new digital technologies as well as seeking ways to convert the existing printed material to other formats (Braille, large print). The effect of the DDA in this area is that equal access for people with disabilities is required by law where it can be reasonably provided. Universities are responsible for providing information to students and staff with disabilities in accessible formats and a computer-aided system can be one of the most effective and efficient ways of fulfilling this responsibility. In support of the DDA the Australian Vice-Chancellors Committee (AVCC) (now Universities Australia) has issued guidelines on Information Access for Students with Disabilities to assist Universities fulfil these responsibilities. (http://www.universitiesaustralia.edu.au/content.asp?page=/policies_programs/equity/index.htm)   Access and Support Services Objective 7: To ensure that the development and implementation of information technology services are inclusive of the needs of staff and students with disabilities. Strategies Designate a senior staff member as the responsible officer for the development, implementation and evaluation of disability support services in Information Services and promote the services of this officer. Adopt a strategic approach to the improvement of access, resources and services in consultation with users with disabilities. Facilitate access to information services for students with disabilities through the provision or modification of equipment as required. Responsibility for action Director, Information Services Division; Faculties; Disability Liaison Officer Time frame for action Ongoing Resource implications Unknown   7. PHYSICAL ENVIRONMENT Campus Access Access for students and staff with disabilities is an important issue which must be addressed if people are to reach their full potential in tertiary study and at work. Section 23 of the Act states that it is unlawful to discriminate against a person on the ground of that person's disability or a disability of any of that person's associates: by refusing to allow the person access to, or the use of, any premises or facilities that the public or a section of the public is entitled or allowed to enter or use (whether for payment or not); or in the terms or conditions on which the person with a disability is allowed access to, or the use of, the premises or facilities; or by requiring the person to leave such premises or cease to use such facilities.Section 23 does not render it unlawful to discriminate against a person on the ground of the person's disability in relation to the provision of access to premises if: the premises are so designed or constructed as to be inaccessible to a person with a disability; and any alteration to the premises to provide such access would impose unjustifiable hardship on the person who would have to provide that access. An organisation may therefore claim that providing a particular level of access would be technically impossible, impose major difficulties or involve unreasonable costs. The DDA covers existing premises, those under construction and future premises. It includes not only buildings but also anything in the "built environment" which includes car parks, sports fields, parks, pathways and internal transport systems. Examples of discrimination Examples of possible areas of discrimination that could result in a complaint by a person with a disability include: failure to provide physical access to a building or to different levels of a building; inadequate signage for a person with a vision impairment; failure to ensure facilities such as vending machines or counters within buildings are accessible or useable by people with disabilities; failure to provide visual indicators of emergency situations such as evacuations; inadequate parking facilities for vehicles used by people with disabilities; failure to provide a clear and safe access path in a building or on a pathway; requiring a person with a mobility disability to gain access through a distant side entrance; or failure to provide a hearing augmentation system in an auditorium that has a sound amplification system. In recognition of the importance layout of the site and the design of buildings have in providing a quality learning and working environment, the University completed a major access audit of the premises in 1995. A report on the audit is available at http://som.flinders.edu.au/FUSA/disabstud/Resources/acc_swd/part1/access.htm Major barriers identified in that Report have been addressed, and further enhancements to the physical access, audio and ergonomic improvements continue to be made. Provision for further enhancement continues to be made in the Capital Works Budget. Objective 8: To create a physical environment that can reasonably accommodate people with disabilities. Strategies Conduct an access audit of the University environs and make it an ongoing activity. Identify a senior manager responsible for disability access and promote the services of this person. To be aware of the need to provide disability access and, where necessary, seek external expert advice on disability standards and related issues as they arise. Compile a plan and list of priorities for capital works to be undertaken in any one financial year to improve disability access. Expand and promote the Disability Access Barrier Report Card system. Ensure that disability access considerations are taken into account in the construction and refurbishment of all buildings and grounds. Provide accessible University transport for people with disabilities. Ensure evacuation procedures are in place for students and staff with disabilities. Every area of the University should be open and accessible to people with disabilities in the same way it is open and accessible to people without disabilities. Responsibility for action Director, Buildings and Property Division and Manager, Planning & Projects, Buildings and Property. Time frame for action On-going Resource implications Unknown Accommodation Section 25 of The Act states that it is unlawful to discriminate against a person on the ground of that person's disability or a disability of any of that person's associates: by refusing to accept the person's application for accommodation or according that application a lower order of precedence in any list of applicants; in terms or conditions on which the accommodation is offered; by denying or limiting a person's access to any benefit associated with the accommodation; by evicting the person or subjecting the person to any other detriment in relation to accommodation; by refusing to permit the person to make reasonable alterations to the accommodation occupied by the person if: that person undertakes to restore the accommodation to its condition before alteration, on leaving the accommodation; and in all the circumstances it is likely that the person will perform the undertaking; and in all the circumstances, the action required to restore the accommodation to its condition before alteration is reasonably practicable; and the alteration does not involve alteration of the premises of any other occupier; and the alteration is at that other person’s own expense.   Objective 9: To provide residential accommodation that is accessible for students with a disability. Conduct an access audit of the University Hall to identify premises that are wheelchair accessible and have suitable amenities (toilet, showers, kitchen facilities and bedrooms) for students who have a mobility disability. Plan to have at least one residential place suitable for a person who uses a wheelchair in each block within five years. Responsibility for action Director, Buildings and Property and Manager, Planning & Projects, Buildings and Property, Dean, University Hall Time frame for action On-going Resource implications Unknown 8. FRAMEWORK FOR DAP Resources, facilities & services Students with Disabilities at Flinders website http://www.flinders.edu.au/healthcounsel/disability_serv.htm Library Services for Students with Disabilities  http://library.flinders.edu.au/services/disabled.html Teaching for Learning Website at Flinders http://www.flinders.edu.au/teaching Guidelines and Procedures to assist Universities to Examine the Inherent Requirements of their Courses (when accommodating students with disabilities and/or medical conditions) ISBN 1 86342 912 3 ADCET, the Australian Disability Clearinghouse on Education and Training: Contains up to date and comprehensive information about inclusive teaching, learning and assessment strategies, adjustments and support services for people with disabilities in post secondary education and training. http://www.adcet.edu.au/default.aspx Employment, Education, Accommodation issues and the Disability Discrimination Act http://www.hreoc.gov.au/disability_rights/accommodation/index.htm Policy framework University Equal Opportunity Policy 2007 http://www.flinders.edu.au/ppmanual/eo.html Flinders Disability Action Plan (incorporating Students with Disabilities Policy) http://www.flinders.edu.au/ppmanual/EqualOpportunity/disability.html Flinders University Equal Opportunity Grievance Procedures http://www.flinders.edu.au/ppmanual/EqualOpportunity/ggp.html Student-Related Policies & Procedures http://www.flinders.edu.au/ppmanual/student.html Employment and Staffing Policies http://www.flinders.edu.au/ppmanual/staff.html Australian Vice-Chancellor’s Committee (now Universities Australia) guidelines on: Information Access for Students with Print Disabilities (Nov 2004) Students with Disabilities (Dec 1996) http://www.universitiesaustralia.edu.au/content.asp?page=/policies_programs/equity/index.htm   Legal Framework Commonwealth Human Rights & Equal Opportunity Commission Act 1986 http://www.hreoc.gov.au/about/legislation.index.html#hreoca Commonwealth Disability Discrimination Act (DDA) 1992 http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200401406?OpenDocument Commonwealth Disability Standards for Education 2005 http://www.dest.gov.au/sectors/school_education/programmes_funding/forms_guidelines/disability_standards_for_education.htm South Australian Equal Opportunity Act 1990 http://www.eoc.sa.gov.au/site/eo_for_you/discrimination_laws/south_australian_laws/equal_opportunity_act.jsp Report On Access for Students with Disabilities at Flinders University, Dr Brian Matthews, July 1996 http://som.flinders.edu.au/FUSA/disabstud/Resources/acc_swd/part1/access.htm