Australian DDA case regarding 9 disabled students in an Australian
University
Tierney, J. (2002) University students take complaints to
Anti-Discrimination Commissioner, ABC Online, 16 January 2002, (Australia,
Australian Broadcasting Corporation). Source: http://www.abc.net.au
MAXINE McKEW: Australian universities have developed detailed codes of
practice to ensure that all students receive equal access to studies.
Students with disabilities are promised a duty of care, and specialised
equipment if it's required. But at one university campus in Launceston in
Tasmania, some students claim they have found it impossible to continue with
their studies because the most essential equipment wasn't provided in time
to complete assignments or exams. Now nine former and current students
decided to take their collective grievance to the Anti-Discrimination
Commissioner. Judy Tierney reports.
JUDY TIERNEY: A brilliant scholar, one who's made the dean's roll of
excellence at the University of Tasmania, James Newton, a blind student, is
anything but happy.
JAMES NEWTON: Back in 1998, I had lecture notes emailed to me from the
disability services at the university, and this is the format that they
arrived in -- completely unreadable and it would take me even an hour or
more to go through, to check if they actually had any text in them at all.
JUDY TIERNEY: James has battled to overcome a major hurdle with his study
because the university often sent his weekly notes in electronic text, which
was scrambled. The problem persisted for months while he worked towards his
Bachelor of Arts degree at the Launceston campus of the university. More
than often, study notes were handed to James in class in printed form.
JAMES NEWTON: I raised the issue with lecturers and they said they would
send them but they never did, they just kept putting handouts in front of
me.
JUDY TIERNEY: That was only the beginning of over four years of frustration
which finally led to this gifted student dropping out of a second degree,
this time in social work. His friend, Brian Herbert, saw his frustration.
BRIAN HERBERT: Being in class I could see that they had done, just put
things in front of him sometimes and he wouldn't even know they were there
and so other students would have to say, 'James, your notes are here', and
pick them up and put them in his hand, and so forth.
JUDY TIERNEY: Those notes would have to be read to James by his class mates.
BRIAN HERBERT: I think the Launceston campus or the people there responsible
for looking after disabled students are really out of touch.
JUDY TIERNEY: James and Brian Herbert are two of nine former and present
students at the Launceston University campus, who were taking their
grievances in the form of statutory declarations to the Anti-Discrimination
Commissioner in Tasmania. After years of complaint to lecturers and student
disability services, to little effect, they've opted for this course because
they believe the university has failed in its duty of care and they have no
faith in the campus' formal grievance procedure.
JAMES NEWTON: Some students in Hobart, that are vision-impaired, they've
provided lap-top computers for in class and they would never even consider
something like that up in Launceston.
JUDY TIERNEY: The issue for equipment and text not being readily available
for blind students, was raised officially in 1997 and the academic registrar
assured the student who made the complaint --
UNIVERSITY LETTER: It is regrettable that you experience some difficulties
during your year of study, however, the university has in place improved
facilities and procedures to meet the needs of visually impaired students.
JUDY TIERNEY: But the problems persisted, and frustrated, that student
dropped out of her course in 1999. However, despite his years of difficulty,
James Newton finally graduated with a Bachelor of Arts degree.
JAMES NEWTON: I could have finished my degree the year before if it hadn't
been for the university stuff-ups and my father would have gotten to see me
graduate. That was really, really difficult. But he passed away Christmas of
'99.
JUDY TIERNEY: It's not just blindness James has to cope with, he has Marfans
disease, a connective tissue disorder which affects his heart's ability to
function properly and stress can have a profound affect on his well being.
Waiting for study notes in electronic form, or on tape to be sent to him
through the systems set up by the university, became too much to deal with.
JAMES NEWTON: Text, books and readers weren't sent off until too late to
Victoria to be transcribed with the Royal Victorian Institute for the Blind.
So I didn't end up getting them back on tape until really late into each
semester, right up almost the week before exams started.
JENNIFER NEWTON, JAMES' MOTHER: I feel for James. He has been very stressed
over this. A lot of sleepless nights. And, as a mother, that's very hard to
see this happening.
JUDY TIERNEY: The complaints also take issue with the university's attitude
towards people with disabilities.
BRIAN HERBERT: This just really upset me. I mean, I just keep reading it and
reading it over again, where he said to me, you know, during our
conversation, words to the effect, 'Well, you know in your case, people like
you, they look at your papers and exams and mark you a lot easier'. Well,
what would you infer from that?
JAMES NEWTON: Just disgusting.Just a disgusting comment.
BRIAN HERBERT: There's not really much I could say about it at the time.
JAMES NEWTON: No.
JUDY TIERNEY: When Brian Herbert first went to the Launceston campus, he
knew getting around the sprawling grounds would be awkward. Coping with leg
braces, orthopaedic boots and crutches and carrying a backpack, made him
sweat.
BRIAN HERBERT: Although I pride myself on being able to manage, I can't get
away from the fact that having to do it everyday, it's quite exhausting and
it really does take it out of someone.
JUDY TIERNEY: Acting on a complaint, the disability office had told Brian
his body odour made him a very unpleasant person to be near.
BRIAN HERBERT: I couldn't reply at the time.I was quite shell-shocked and
um, it upset me quite badly. I just didn't know who my friends were. I just
felt, I thought, well, you know, 'I just can't continue with this'. And it
just put me off my studies.
JUDY TIERNEY: Four students who have prepared statutory declarations for the
Anti-Discrimination Commissioner, have dropped out of their courses.
JAMES NEWTON: I just want to get enough together for a complaint because
it's got to end. The university's got to take responsibility for students.
And I think by taking it outside, it's the way we can see some change
happening within that place.
JUDY TIERNEY: The university is aware of the complaints and, through its
solicitors, has warned the 7:30 Report the publication of those allegations
could amount to defamation. The university has appointed a barrister to
carry out an independent investigation into the claims made in the statutory
declarations. The university has also written to each student making a
complaint warning them of potential defamation. And, in a touch of irony,
the letters were sent to two blind complainants in printed form.
________________________________
Ozcan KONUR
Postal address: Rehabilitation Resource Centre (Walmsley Building Room
W223), City University, Northampton Square, London EC1V 0HB, The United
Kingdom.
E-mail: [log in to unmask]
Research project URL: http://www.student.city.ac.uk/~cx639/index.htm
Phone: 020 7040 0271
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