The Law Society are covered by the DDA so it would be as well to put the
case to them, since the LPC team are simply working to the regs of the
Law Society.
The student could, maybe, argue that she did not disclose as she was
unaware of how to go about doing so or perhaps felt it would
disadavantage her should she do so, what with it being a LPC course an'
all. The DDA requires that a student is not unfairly disadvantaged
because of their disability and in some cases this can mean the student
is treated more favourably than non-disabled students (who are not
covered by the Act). E.g. A student cannot be penalised if they miss
sessions due to their disbility, but the non-disabled student can be.
Bryan Jones,
Manager, Disability Support Services
& North London Regional Access Centre,
Middlesex University
Tel: 020 8411 5366
-----Original Message-----
From: Discussion list for disabled students and their support staff.
[mailto:[log in to unmask]] On Behalf Of John Conway
Sent: Thursday, March 30, 2006 3:15 PM
To: [log in to unmask]
Subject: Re: Mitigation and LPC students
Hi Pauline,
I agree with you wholeheartedly - I have a similar case with a student
who has only just been diagnosed with dyslexia [since I introduced
screening in fact]. He spent 5 years trying to get through a BSc in
Business Studies [a foundation = access year, plus repeating the second
year] and ended up failing his third year and walking away with a
Diploma in HE.
He is now asking why he can't repeat his failed third year modules with
adjustments in place [i.e. notes, extra time etc].
I'm sure I read a list of out of court settlements on the DRC website,
one of which included a case where a student sued and was awarded
reimbursement of all costs for the year, plus a chance to retake the
year at the university's expense [fees, accommodation, living allowance
etc] but I can't find that document now, and no-one seems to have a
copy, not even Diane Keetch has been able to point me to it.
Like you, I feel a sitting duck
John.
Dr John S Conway
Disability Officer / Principal Lecturer in Soil Science / Chair,
Research Committee
Royal Agricultural College, Cirencester, Glos GL7 6JS
01285 652531 ext 2234 fax 01285 650219
http://www.rac.ac.uk/~john_conway/
email [log in to unmask]
-----Original Message-----
From: Discussion list for disabled students and their support staff.
[mailto:[log in to unmask]] On Behalf Of Pauline McInnes
Sent: Thursday, March 30, 2006 3:06 PM
To: [log in to unmask]
Subject: Mitigation and LPC students
Dear All,
We've got a tricky case here and we are all a bit stuck on how to
proceed.
I have a student who is doing her Legal Practice Course here which is
validated by the Law Society. She has a mental health condition and
disclosed this quite late in her course to her Programme Leader. The
Programme Leader asked her for some medical evidence but didn't bother
to refer her to the Disability Team. At this time she was asking for
some extra time to do her assignments I believe which she got. She says
that when she disclosed her disability she said that she also had
difficulty in exams, but the Programme Leader says she has no
recollection of this.
So, the student has sat her exams twice without any reasonable
adjustments in place and failed both times. Under our course regs for
this course you get three attempts so she is on her final attempt now.
We have been trying to get the faculty to agree (through our mitigation
process) that should the student fail these exams as well that she
should be given two further attempts. This is because all students get
three attempts but she has only had one attempt with her reasonable
adjustments in place.
We're also asking that because in previous attempts she didn't have any
reasonable adjustments that her mark is not capped.
Part of the reason for doing this in advance of the student sitting the
exams was to provide a 'safety net' for her. She is already a very
anxious student and going into an exam knowing that it is your very last
chance is anxiety provoking for anyone. We hoped that if she could go
in knowing that she still had a further attempt this would allay her
anxiety in the exams.
Unfortunately, the faculty are refusing to even consider allowing her
any more attempts at her exams if she fails this time around. They just
keep telling us that these are law society validated exams and it can't
be done.
Has anyone had any experience of this?
If this student does fail her exams this time around and the University
maintains that she cannot have any further attempts, then I think we are
sitting targets under the DDA, for failing to make a reasonable
adjustment. The reasonable adjustment being to allow her further
attempts.
Does anyone have any thoughts on this or have I just confused you all
totally?
Regards
Pauline
Pauline McInnes
Disability Co-ordinator
Disability Team
Student Services
St Mary's Road
Ealing
London
W5 5RF
Tel: 0208 231 2058
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