Disability Policy CORP 14.1 Relevant UTAS Ordinance, Rule and/or GLP No. Relevant State/Federal Govt. Legislation Commencement Date February 2010 GLP 2 - Risk Management GLP 6 - Occupational Health and Safety GLP 11 - Employment GLP 12 - Academic Standards Disability Discrimination Act 1992 (Cth) Anti-Discrimination Act 1998 (Tas) Workplace Health & Safety Act 1995 (Tas) Review Date Review 1 February 2011 Review 2 February 2014 POLICY STATEMENT 1 Intent To ensure the University community complies with the objects of the Disability Discrimination Act through commitment to equal opportunity in education and employment, and that University operations occur through a universal approach whereby all stakeholders share responsibility for inclusion of people with disability. 2 Scope This policy applies to all students and staff of the University. 3 Objective(s) To provide the framework to support adherence to legislative requirements and embed a disability inclusive culture, whereby: University operational areas share legislative and corporate responsibility for the universal inclusion of students and staff with disability; and University operational procedures articulate the disability related expectations, rights and responsibilities of all people participating in University life. 4 Definitions and Acronyms DDA DDA Objects Disability Discrimination Act 1992 (Cth) The objects of the DDA (Part 1.3) are: (a) to eliminate, as far as possible, discrimination against persons on the ground 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
Disability Disability Discrimination (b) to ensure, as far as practicable, that persons 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. The University applies the DDA (Part 1.4) definition of Disability, as follows: (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; 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 to a person. The University applies the DDA (Part 1.5) definition of Direct Discrimination, as follows: A person (discriminator) discriminates against another person (aggrieved person) on the ground of a disability of the aggrieved person if, because of the aggrieved person s disability, the discriminator treats or proposes to treat the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person without the disability. The University applies the DDA (Part 1.6) definition of Indirect Discrimination, as follows: A person (discriminator) discriminates against another person (aggrieved person) on the ground of a disability of the aggrieved person if the discriminator requires the aggrieved person to comply with a requirement or condition: (a) with which a substantially higher proportion of persons without the disability comply or are able to comply; and (b) which is not reasonable having regard to the circumstances of the case; and (c) with which the aggrieved person does not or is not able to comply.
Inherent Requirements Implications of Disability Public Health and Safety Reasonable Adjustments Universal Access Unjustifiable Hardship The mandatory, not negotiable, components specific to a position of employment or educational program to be undertaken by a person. A decision may be taken adverse to a person with a disability if the disability is likely to prevent the person from meeting the inherent requirements of a position of employment or of participation in an educational program. The measurable affects of a person s disability on participation in University life. A decision may be taken adverse to a person with disability if the implications of the disability make it necessary in order to protect the health and/or safety of the person with a disability and/or others. The alterations or modifications that are able to be provided so as to alleviate the implications of disability, after due consideration is given to inherent requirements and academic integrity. The inclusion of all features required to enable access for people with disability to University cultural and physical environment, information and study. In determining what constitutes unjustifiable hardship (DDA Part 1.11), all relevant circumstances of the particular case are to be taken into account including: (a) the nature of the benefit or detriment likely to accrue or be suffered by any persons concerned; and (b) the effect of the disability of a person concerned; and (c) the financial circumstances and the estimated amount of expenditure required to be made by the person claiming unjustifiable hardship; and (d) in the case of the provision of services, or the making available of facilities - an action plan given to the Human Rights and Equal Opportunity Commission under Section 64. 5 Policy Maker 6 Policy Provisions 6.1 General Principles 6.1.1 The University accepts that it has a legal obligation to eliminate disability discrimination from its structures and practices in accordance with the Disability Discrimination Act 1992. 6.1.2 The University has a moral and ethical commitment to equal opportunity in education and employment for people with disability. 6.1.3 The University is committed to a strategy of universal access, whereby all of its stakeholders share responsibility for inclusion of people with disability.
6.2 Environment is Inclusive 6.2.1 The University will ensure that all workplace and education facilities are physically accessible for people with disability and progressively develop the built environment to be universally accessible. 6.2.2 The University will ensure that students and staff with disability have the opportunity to participate in University life. 6.2.3 The University will ensure workplace culture and employment practices are inclusive for people with disability. 6.2.4 The University will ensure compliance with the DDA through the provision of reasonable adjustments to workplace and education activities, which match the implications of disability. 6.3 Information is Inclusive 6.3.1 The University will ensure information is accessible for people with disability. 6.3.2 The University will ensure enrolment and administrative processes are accessible for people with disability. 6.3.3 The University will ensure course and research reading material is accessible for people with disability. 6.4 Study is Inclusive 6.4.1 The University will ensure that courses are accessible for students with disability and will progressively develop universally inclusive curricula. 6.4.2 The University will ensure compliance with the DDA through the provision of reasonable adjustments to teaching, learning and assessment which match the implications of disability. 6.4.3 The University will ensure academic support processes for students with disability are fair and reasonable. 6.4.4 The University will ensure individual students with disability obtain equal access to study processes. 7 Supporting/Related Documents Disability Discrimination Act 1992 (Commonwealth) DDA Education Standards (March 2005) Australian Vice-Chancellors Committee - Guidelines Relating to Students with Disability (May 2006) Assessment Policy TLP 2.1 Privacy Policy CORP 15.1 UTAS Code of Conduct for Teaching and Learning [see: http://www.utas.edu.au/policy/code_conduct.pdf ] 8 Key Words Disability Discrimination Equal opportunity Reasonable adjustments Universal access Unjustifiable hardship
9 Supporting Procedures/Guidelines Disability Procedure CORPR 14.1 Inclusive Teaching and Support Resource and Guidelines [see: http://www.cats.edu.au] RESPONSIBILITIES Implementation Compliance Monitoring and Evaluation Development and/or Review Interpretation and Advice Vice Chancellor Pro Vice-Chancellor (Students and Education) Director, Human Resources Pro Vice-Chancellor (Students and Education) Director, Human Resources WHO NEEDS TO KNOW THIS POLICY? All students All staff EFFECTIVENESS OF THIS POLICY The effectiveness of this policy is to be monitored by the UTAS Equal Opportunity Committee and measured by the extent to which: University operational areas implement procedures to facilitate compliance with the policy provisions; and People with disability participate in University life in proportion to their representation in the general community. POLICY HISTORY Policy No. CORP 14.1 Approved / Rescinded Approved Date February 2010 Vice-Chancellor Professor Daryl Le Grew Signature (signed)