A quick update for you all: after some additional explaining as to the inappropriateness of the departments’ actions, they have now admitted that they were feeling ‘overwhelmed’ by the situation and perhaps overreacted. They have agreed to start the student’s training and we will deal with any problems if and when they occur (if indeed they do occur, and I have no reason to believe that they will).
Thanks for all your advice and input,
Harriet
Harriet Cannon
Disability Coordinator (Autism Spectrum Conditions)
Equality Service
University of Leeds
Tel: 0113 34 37538
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From: Discussion list for disabled students and their support staff. [mailto:[log in to unmask]] On Behalf Of Simon Jarvis
Sent: 09 October 2012 10:14
To: [log in to unmask]
Subject: Re: PhD student and disclosure
Hello Harriet,
I don't see how they can force him to disclose something that at this stage has not been formally diagnosed? What's he supposed to say to his peers? I reckon I might have autism, but then and again, I might not?
The idea that there is any sort of health and safety issue in the lab seems highly spurious to me, to use the legal terminology. I'd say that PhD students can be considered staff and students, (they are eligible for DSA for example, but are also often allocated staff office space), but the Equality Act would apply either way if the student is eventually diagnosed with something.
Good luck!
Simon
On 09/10/2012 08:43, Caroline Davies wrote:
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