Hi Harriet,
 
I think that withholding training from this student unless he discloses an as yet medically undiagnosed condition cannot be demanded as it is presumably an essential prerequisite of being allowed to do practical work. If he was barred from doing the training, presumably he could not do his research and hence his PhD(?). If and when he is diagnosed he will then fall under the protection of the Equality Act and the University's duty to make reasonable adjustments. Some issues to consider:
 
I  agree that PhD students can also be members of staff (demonstrators etc) but whilst they are undergoing training in the lab work element of their PhDs they are definitely operating as students. Your student is not asking for RAs from his peers but from his teachers.
 
If the student has to work collaboratively with students who are team members in the future, if he has developed a trusting relationship with them, if a sound case was made for the need for disclosure, if there are working relationship issues arising as a consequence of his ASD, and if there were procedures in place to ensure confidentiality from peers, then the issue of disclosure could be revisited with him and he could make an informed choice.
 
If there are genuine H&S issues (the legislation requires that they are not "spurious") then they should be over-riding and they should be detailed by the departments.
 
Even as a member of staff, your student would have a right not to share confidential information with work colleagues unless a compelling disability-related case was made: have they made one?
 
Hope this helps - good luck!
 
best wishes,
 
Caroline
 
Dr Caroline Davies
Consultant, IMPACT Associates
----- Original Message -----
From: [log in to unmask] href="mailto:[log in to unmask]">Harriet Cannon
To: [log in to unmask] href="mailto:[log in to unmask]">[log in to unmask]
Sent: Tuesday, October 09, 2012 8:03 AM
Subject: PhD student and disclosure

WITH APOLOGIES FOR CROSS-POSTING

 

Hello everyone,

 

I’m after a bit of advice.  I am working with a student who has just started his PhD.  He is in the process of being assessed for an autism spectrum condition, which I am confident he will get (he was originally referred to us by the NAS, and has had a non-clinical assessment by an autism specialist).  He did his UG and MA level study with us, in the same subject area, and there were no significant problems with his academic work during this time as he was well supported by a mentor and strategy tutor.

 

He is due to have training for the lab work element of his studies, starting this week.  At present, his two departments are refusing to allow him to undertake this training unless his discloses information about his (possible) ASC to his fellow PhD students.  He does not want to disclose, and has never disclosed to his peers up to this point.  His departments are arguing that not telling his peers will ‘will undoubtedly lead to problems and distress for this student and the other students’.  They are arguing that PhD students are not students in the UG sense, but are actually members of staff, so there should be no issue in sharing information with them.

 

I have been through all the pros and cons of disclosure with the student, and explained how we might be able to manage this with him.  The student has agreed to his supervisors being aware of his possible diagnosis, and any lab staff, but he is adamant that he does not want to disclose to his peers. 

 

Am I right in thinking that withholding training in this way would be tantamount to discrimination?  Are there any H&S arguments which might ‘trump’ an individual’s right to confidentiality?  Should PhD students be considered as staff or students/peers?  If he is undiagnosed, is there even an issue, since technically there is no information to share?

 

Any thoughts on the above would be much appreciated, as would any ideas on how to handle this going forward if the student continues to refuse to disclose.

 

Thanks!

 

Harriet

 

Harriet Cannon

Disability Coordinator (Autism Spectrum Conditions)

 

Equality Service

University of Leeds

Leeds

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