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Subject:

RRAA: ISSUES UPDATE ( Differential student fees and The Race Rel ations (Amendment) Act 2000 Statutory Requirements)

From:

Emmanuell Kusemamuriwo <[log in to unmask]>

Reply-To:

HE Administrators equal opportunities list <[log in to unmask]>

Date:

Thu, 24 Oct 2002 15:34:20 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (165 lines)

Dear Colleagues,

Here is another (origin anonymised) RRAA relative issue that I hope someone
will find informative.

As usual, if any question arises out of it and you feel I can be of
assistance then please do not hesitate to get in touch with me at any time.

I also hope that all your Race Equality Policies and Action Plans are ready
for the pending HEFCE developmental and supportive analysis and
recommendations initiative. Again, any issues whatsoever, arising out of
this and you would like some assistance from me, then please get in touch
with me at any time.

I look forward to hearing from you soon.

Regards

Mannie Kusemamuriwo
Policy Adviser: Ethnicity & Cultural Diversity
Equality Challenge Unit
3rd Floor, 4 Tavistock Place
London  WC1H 9RA

Tel 020 7520 7063
Fax 020 7520 7069
[log in to unmask]



-----Original Message-----
From:
Sent: 21 October 2002 13:33
To: Emmanuell Kusemamuriwo
Subject: RE: Differential student fees and Race Relations (Amendment)
Act 2000


Mannie

Thank you very much for your comments. Would you be happy for me to forward
your comments to the list? I would be happy for you to forward your comments
to your admin list but obviously without mentioning the details of the
original enquirer.

I think it is an issue we may have to explore further.

Best wishes


-----Original Message-----
From: Emmanuell Kusemamuriwo
Sent: 21 October 2002 12:17
To:
Subject: RE: Differential student fees and Race Relations (Amendment)
Act 2000


Dear

I do not know of anyone currently undertaking any work under this issue,
relative to the RRAA.

However, my view is this that every institution is independent and
autonomous in its functioning and therefore its RRAA response needs to be
based on the statutory requirements being placed on that institution. Under
the RRAA's General and Specific Duty statutory requirements, it is the
institution's statutory responsibility to ensure that all its functions are
qualified for race equality relevance. If they are found to be, then the
liability for ensuring that the delivery of those functions does not
unlawfully and racially discriminate in any shape, manner or form, rests
with the institution vicariously, and directly with the staff who are
delivering that particular function.

This then raises the question of how do both the institution and the staff,
who are performing their duties on behalf of the institution, discharge of
their responsibilities, accountabilities and liabilities under the Act?

The answer to this is that under the institutional Race Equality Policy and
Action Plan, all functions that are race equality relevant should determine
what support/training needs staff who are responsible for those functions,
should have. It then becomes the responsibility of the institution to make
sure that any staff in need of particular support and/or training, are
provided with the appropriate support and/or training that they need in
order for them to effectively incorporate the Specific Duties applicable to
that function and evidentially implement them accordingly. If the
institution has provided staff with adequate training and support then the
staff are in turn expected to implement the function accordingly.

Getting back to your question, I would focus on the criteria used for both
the setting of the fee levels and the putting together of the institutional
agreement and would advise, very strongly, that all criteria used will need
to be race equality-proofed so that they do not, DIRECTLY, INDIRECTLY, or
UNWITTINGLY, unlawfully racially discriminate against any of the students
involved. This has to be seen, evidentially, to be a fairly conducted
process,that will have been implemented in order to arrive at whatever
decision is made as to how much fees a student pays or who is eligible for a
bursary.

The RRAA is looking to ensure that any services delivered by our
institutions, as long as they are relevant, are seen to be institutionally
race equality proofed.

I daresay this might raise other issues you might want to get back to me on.
Please feel free to do so at any time. I would also be interested to hear
how this is resolved. I would also like your permission to put it out to
colleagues on Admin Jiscmail since this is an issue that might be applicable
to other institutions.

Thanks and I look forward to hearing from you soon.

Regards

Mannie Kusemamuriwo
Policy Adviser: Ethnicity & Cultural Diversity
Equality Challenge Unit
3rd Floor, 4 Tavistock Place
London  WC1H 9RA

Tel 020 7520 7063
Fax 020 7520 7069
[log in to unmask]



-----Original Message-----
From:
Sent: 17 October 2002 14:09
To: Emmanuell Kusemamuriwo
Subject: FW: Differential student fees and Race Relations (Amendment)
Act 2000


Mannie

This came through to me on the mailbase and I wondered if it was an issue
that you had encountered at all?


-----Original Message-----
From:
Sent: 17 October 2002 17:56
To:
Subject: Differential student fees and Race Relations (Amendment) Act
2000


Has anyone undertaken any work on the significance of RRAA
2000 for differential fees? I'm referring not just to
differentiation by domicile, but cutting across that, those
specific fee levels sometimes incorporated into
institutional agreements. In practice this could mean that
students on the same programme might pay different fees/
have different eligibility for bursaries solely by reason
of their entry under the terms of an institutional
agreement.

Helpdesk had no knowledge of work on this theme, and
referred me to the list. I'd be glad to hear (off list) if
someone in your institution has looked at this issue.

Many thanks.

----------------------------------------

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