Disability Policy

St Chad’s Disability Policy

Disability Policy (1999)

1.1 Introduction

St Chad’s College is committed to a policy of equal opportunities for disabled staff and students and aims to create an environment, which enables them to participate fully in the mainstream of College life. For the purposes of this policy, disability is understood in the broadest sense and, in addition to mobility and sensory impairments, includes mental health problems, specific learning difficulties and medical conditions which may have an impact on day-to-day activities. This policy also extends to members of the public using College premises.

1.2. Aims

The Aims of this policy are to ensure that:

  • applications for admission from potential students or applications for employment are assessed on the basis of the applicants aptitudes, abilities and qualifications;
  • disabled staff and students have access to appropriate government, College and University support and that reasonable local adaptations are made to maximise their inclusion in the life of the College;
  • the views of the individual student or member of staff are taken into account at all times when their requirements are being assessed;
  • members of staff working with disabled people, either as colleagues or as students, have appropriate information and support;
  • the College takes steps to enable staff and students who become disabled during their time at the College to continue in their chosen career or course of study;
  • disabled members of the public can fully participate in public events held on College premises;
  • so far as is reasonably practicable and within the constraints of existing buildings, College premises are accessible and safe for disabled people.

1.3 Implementation

The College expects all its staff to be aware of this policy and its related Code of Practice and to treat disabled people, whether students, staff or members of the public fairly, with respect and in accordance with this policy.

Disability Code Of Practice

2. Code of Practice Relating to Students

2.1 Admissions

2.1.1 Applications from all students will be assessed on the basis of academic suitability for the course in question. Discussions about the support requirements of students will be separate from that consideration.

2.1.2 The College will make available clear information about access to buildings and support facilities to enable disabled students to make an informed choice of an appropriate College or University.

2.1.3 The Senior Tutor is the designated member of staff with whom disabled students may discuss course curricula, the teaching and the learning activities entailed, to ensure that any learning support and other needs are clearly identified. The Senior Tutor (and any other designated members of staff) will receive appropriate training.

2.1.4 The College will only refuse a student a place on the grounds of their disability where:

  • the content, structure or delivery of the chosen course of study is such that the student would be prevented from fulfilling a major part of the requirements of the course and the College and/or the University is unable to provide suitable staff or facilities to allow the requirements to be met or
  • the chosen course of study leads to a professional qualification and the relevant professional body has regulations which would preclude membership by people with particular disabilities.

2.1.5 No applicant will be refused a place at the College on the grounds of disability alone before an opportunity has been provided for full consideration of the specific support or facilities required, in consultation with the Senior Tutor. Any decision to refuse a place to an otherwise suitably qualified candidate will be subject to ratification by a committee chaired by the Principal.

2.1.6 If an applicant is rejected on grounds other than academic considerations, a record of the decision and the reasons for it will be kept for one year. When requested, the College will give feedback to the applicant or their representative.

2.2 Curriculum and Assessment (pertaining to NEITE)

2.2.1. The College will take all appropriate steps to ensure that NEITE courses (including placements and other specialist learning environments) are organised in ways which offer the best possible opportunities for full participation by disabled students.

2.2.2. NEITE member bodies will identify designated members of staff with whom disabled students may discuss the specific requirements of their intended curriculum in advance to ensure that learning support and other needs are identified and made known to relevant staff. This mechanism should also be used to enable disabled students to discuss any emerging needs and identify appropriate possible courses of action to address those needs. Designated members of staff will receive appropriate training.

2.2.3. Appropriate modes of examination and assessment will be determined after consultation with the student, relevant academic staff, including chair of the examination board, and the University Registry, as necessary, to enable students to demonstrate that they have met the criteria for progression or the conferment of an award. The purpose of any special arrangements shall be to compensate for any restriction imposed by the disability without compromising academic standards.

2.2.4. Any request for special arrangements in relation to examination and assessment procedures must be supported by medical or other evidence and it is the students responsibility to make that available to the Course Director. The College has a procedure for approving special arrangements for dyslexic students and NEITE course directors will be expected to make similar arrangements.

2.3 Students who become disabled

The College will take all appropriate steps to liaise with the University to ensure that a student who becomes disabled during their course has every opportunity to complete their course:

 

  • through the provision of the same level of adaptations and support as a comparable student who was disabled at the start of their course and/or
  • through representations to the Board of Examiners for a flexible interpretation of degree regulations.

 

2.4 Support

The College will aim to ensure that disabled students have equal access to all student services. While it is recognised that some of these services are located in buildings that have access problems, the College will make reasonable effort to provide the service in such a way that the needs of the disabled student are met (relocating library books, for example).  For particular needs (such as the provision of sign language or live-in helpers), the College receives no public funding whatsoever, and so does not have the means to provide such services on its own, but students are encouraged and expected to use the various allowances available to fund such support. The College, for its part, will seek to work alongside such service-providers.  For academic-related support, the Durham University Service for Students with Disabilities (DUSSD) is the primary source of support and for information about support for all students with disabilities in the University, and information on their services is available at http://www.dur.ac.uk/dussd/.

2.4.1  UK Students A range of government financial support is available to assist disabled UK students in higher education including:

  • Disabled Students’ Allowances (DSA)
  • Access to Learning Fund (ALF)
  • Disability Living Allowance (DLA)
  • Employment & Support Allowance and Incapacity Benefit

Comprehensive guidance can be found on the Directgov website, along with copies of application forms and instructions for completion. It is possible to request information in alternative formats.

Students from Scotland should contact the Student Awards Agency for Scotland (SASS), students from Wales should contact Student Finance Wales (SFW) and students from Northern Ireland should contact Student Finance NI for advice.

2.4.2  EU Students Limited UK government financial support is available for students from other European Union (EU) countries and other European Economic Areas (EEAs). Comprehensive guidance can be found on the Directgov website, along with copies of application forms and instructions for completion. It is possible to request information in alternative formats.

There are a number of organisations which provide scholarships and bursaries for EU and international disabled students.

Prospective disabled students who reside outside of the UK are advised to read our advice for international prospective students before making an application to the university.

The following organisations also offer useful advice:

  • The UK Council for International Student Affairs (UKCISA)
  • The British Council has a useful website Education UK
  • Skill: National Bureau for Students with Disabilities has a useful factsheet, ‘Information for International Disabled Students’.

2.4.3  International Students International disabled students are not eligible to apply for UK Disabled Students’ Allowances (DSA). Advice about other types of financial support is available from the UK Council for International Student Affairs (UKCISA).

There are a number of organisations which provide scholarships and bursaries for EU and international disabled students.

Prospective disabled students who reside outside of the UK are advised to read our advice for international prospective students before making an application to the university.

The following organisations also offer useful advice:

  • The UK Council for International Student Affairs (UKCISA)
  • The British Council has a useful website Education UK
  • Skill: National Bureau for Students with Disabilities has a useful factsheet, ‘Information for International Disabled Students’.

2.5  Advice

  • Students are encouraged to speak to DUSSD as soon as possible if they are considering applying for Disabled Students’ Allowances (DSA).
  • The College’s Chaplain should be approached if applying for Access to Learning Fund (ALF) funding.
  • For advice about Disability Living Allowance, Employment & Support Allowance and Incapacity Benefit use the contacts specified by Directgov on their website.

3. Code of Practice on Employment

The Disability Discrimination Act (1995) makes it unlawful for the College, and therefore any of its employees, to discriminate in the field of employment against a disabled person for a reason that relates to the persons disability, if that treatment cannot be justified. This applies not only to recruitment but all areas of employment including the terms of employment, opportunities for promotion, transfer or training, dismissals or redundancies. This Code of Practice aims to ensure that the College acts within the law.

Wherever practicable, the College will:

  • seek to employ disabled people in jobs suited to their aptitudes, abilities and qualifications;
  • seek to ensure that disabled employees are considered for promotion according to their aptitudes, abilities and qualifications;
  • ensure that disabled people are not disadvantaged when the renewal of fixed-term contracts is being considered;
  • make use of the services and advice offered by the Employment Service wherever appropriate so as to make it possible to recruit a disabled person or retain an existing employee who has become disabled.

3.1 Recruitment

3.1.1. Application and selection procedures used in the recruitment and selection of staff should encourage disabled people. All applicants should be asked when being called for interview if they require any assistance to enable them to participate fully in the interview, for example an accessible interview venue, a signer or the provision of information in an alternative format.

3.1.2. All candidates will be assessed on their abilities, qualifications and experience according to objective criteria developed for the post. It may be that a “reasonable adjustment” (see below) would be required to allow a disabled candidate to meet the criteria but it should be assumed, in deciding whether the individual meets the criteria, that the appropriate adjustment had been made. For example, no candidate will be rejected simply on the basis that they cannot gain access to the building and detailed discussions should take place with the College before any decision is made.

The Disability Discrimination Act (1995) states that an employer must make “reasonable adjustments” to allow an individual to be employed. These may include:

 

  • Adaptations to premises;
  • Re-allocating some duties;
  • Altering hours;
  • Finding alternative accommodation;
  • Rehabilitation leave;
  • Training;
  • Modifying equipment;
  • Modifying instructions or manuals;
  • Modifying assessment or testing procedures;
  • Providing a reader or interpreter;
  • Providing supervision.

 

Guidance on appropriate reasonable adjustments can be obtained from the Equal Opportunities Officer or directly from the Disability Employment Adviser at the Employment Service.

3.2. Support in employment

3.2.1. Some disabled people may require additional support when settling in to their working environment. Managers and colleagues should ensure that particular needs are discussed with the individual concerned. In particular, consideration should be given to any adaptation (e.g. provision of equipment, modification to the working environment or to the organisation of the post) which may be necessary to enable the individual to work on equal terms with non-disabled colleagues. Any necessary modifications should ideally be agreed and carried out before the individual commences work. Some of adjustments may have implications for other staff and it is important that they are consulted about proposed changes. Consideration should also be given to parking facilities, toilet facilities and health and safety issues such as fire alarms and procedures. Financial assistance will often be available from the Employment Service through the Access to Work scheme.

3.2.2. Where the disability is not obvious, the individual should be asked if they wish their colleagues to be informed of their disability and supervisory staff should respect their wishes in this regard. In certain cases, it may be appropriate for some colleagues to be aware of the condition in order to be able to respond appropriately in cases of emergency.

3.2.3. Training should be made available to disabled people on the same basis as their colleagues. Where special arrangements are required, for example, accessible training accommodation or brailled handouts, this should be put in place, perhaps with advice from the Equal Opportunities Officer. The College is obliged under the terms of the Disability Discrimination Act to make such arrangements

3.3. Members of staff who become disabled

3.3.1. Losing the services of a member of staff who becomes disabled can deprive the College of a considerable asset in terms of the skills and experience of the individual as well as an investment in that individuals training and development. Where practicable, the College will attempt to retain staff who become disabled and to ensure suitable employment for them. Senior and supervisory staff should deal as sensitively as possible with these situations and seek help where required. Help should be sought when considering not only the possible effects of the disability but also other consequential disadvantages, such as loss of status, financial loss and reduced self esteem.

It should be remembered that the College is required under the law to make any reasonable adjustments (see section 3.1 above) to enable the individual to continue in post.

There are a number of possible options to consider:

 

  • continuing in the same post;
  • redeployment;
  • premature retirement on grounds of incapacity;
  • termination of employment.

 

In some cases, the disability will be a progressive condition which develops over time and a number of the options will be appropriate at different stages. For example, the individual will probably be able to continue for some time in their existing post, with or without appropriate adjustments, before any of the other options require to be considered.

These options are discussed further in section 3.4 below but any action taken should be in accordance with the appropriate procedures.

3.3.2. When a member of staff develops a disability which affects their ability to carry out the duties of their post, managers should, in the first instance, contact the Principal who will ensure that the situation is assessed and addressed properly.

Outside assistance may be needed to determine the likely prognosis, to monitor progress, to advise on duties which may be suitable and on any special assistance or requirements. The College will need to take advice on the availability of financial assistance and specialist assessment from statutory or voluntary agencies for particular disabilities. Assessment may indicate:

 

  • whether the person could continue in the same or a similar post;
  • what type of job might be suitable if continuing in the same post is not possible;
  • what assistance may be necessary in terms of equipment or support.

 

3.4. Possible options

3.4.1 Continuing in the same post

Where the disability has occurred as the result of an accident, for example, and the individual has been absent from work for some time, the College should be flexible and sensitive in assisting staff to return to work. In many circumstances, the return to work may only require an adjustment as described in paragraph 3.3.1 above.

In circumstances where it is envisaged that some difficulties may be encountered, the following options should be considered:

 

  • a gradual return to work or a permanent reduction in hours. It may be advisable to make a gradual increase in hours until confidence and ability are fully restored.
  • a trial period of up to twelve weeks can be used to try to assess whether the member of staff can cope with the old job or a new one

 

3.4.2 Redeployment

Where it is not practicable for the individual to continue in their former post, the College should attempt to redeploy the individual into a suitable alternative post. The individuals qualifications and skills as well as their own preferences in terms of type of work should be taken into account when trying to identify a suitable vacancy. If a suitable vacancy cannot be found, the College should conduct a search of vacancies in the University to determine if anything is suitable. Where a post is identified as potentially suitable, following consultation with the Principal, the manager and the individual concerned, the post would not be advertised and the individual would take part in an informal interview with the appropriate manager. It is expected that the individual would be given the opportunity of at least a trial period of up to twelve weeks in the post unless there are substantive grounds for considering that they would not be suitable. Again the College is required to make any reasonable adjustments (see section 3.1 above) necessary to support the individual in the new post.

The manager should monitor the individuals progress during the period and provide feedback. At the end of the trial period, a formal review should be held to determine whether the individual should be confirmed in the post. A representative of the Principal should be involved in the review. Again, substantive grounds would be required if it is considered that the individual is not suitable.

In both of the options outlined above, individuals have recourse to the Grievance Procedure if they are not satisfied that they have been treated fairly.

3.4.3. Premature retirement on grounds of incapacity

Where it has been decided that redeployment is impracticable, the member of staff may be considered for retirement on the grounds of medical incapacity under the normal terms of the appropriate procedure.

3.4.4. Termination of employment

If all other options have been explored and found to be impracticable, dismissal on grounds of incapacity should be considered. If this proves to be necessary, termination will be in accordance with the appropriate procedures which include a right of appeal and the requirements of the Superannuation Scheme. Anyone whose employment is terminated in this way should be referred to the Disability Employment Adviser at the Employment Service who will be able to provide assistance and support in seeking further employment.

4. Members of the Public

On many occasions the College is used by the general public, whether this is for making general enquiries, attending public lectures or visiting the art collections. The College will aim to ensure that all buildings intended for use by members of the public are accessible and that other facilities, e.g. induction loop/infra-red systems for use by people with hearing impairments are available where required.

5. Responsibilities

All College staff are expected to be aware of this policy and treat disabled people, whether students, staff or members of the public in accordance with these provisions. In particular, College Officers and others in management positions will be responsible for ensuring that the policy is communicated effectively and is being implemented in their area.

In addition, the College is responsible for:

 

  • providing information and advice with regard to support from disabled students to staff in academic and other departments throughout the College;
  • providing a service to individual students. This includes directing students to the relevant University department to determine support needs, to give study skills advice for dyslexic students, to help students apply for Disabled Students Allowance and other sources of additional funding, to provide advocacy and to run occasional workshops;
  • developing policy and provision for disabled students in conjunction with the University.
  • promoting positive attitudes to disabled people through staff training and development.

 

The Equal Opportunities Officer is responsible for:

 

  • advising managers and staff on matters affecting the employment of disabled people;
  • liaison with the Disability Employment Advisers at the Employment Service and other organisations of and for disabled people;
  • promoting a positive approach to employing disabled people throughout the College.