I'd read the specific reference to MH issues as discriminatory, but I have
seen paraphrases of the quote used for the whole of my course (mature
students/those with caring commitments are encouraged to think about it -
is that discriminatory?).

Parts are specifically related to competence (e.g. in subjects where they
cannot examine the whole syllabus, such as moving and handling, they can at
least say that we have been present for all of the teaching).

As a disabled student, I have worked round this (e.g. rearranged physio
appointments), but I've made sure that I say when I've got an appointment
that can't be moved (e.g. regional hospital).



Quoting Katya Hosking <[log in to unmask]>:

> Hi all,
>
> In recent discussion about 3rd party disclosure, there was a reference to
> the demos site http://jarmin.com/demos/course/senda/07.html  which says
> the following:
> "Under the DDA, for a responsible body to discriminate against a disabled
> student, they must know that a student is disabled. The law says that if
> a responsible body does not know or could not reasonably have known that
> a student was disabled, discrimination cannot take place."
>
> But in the current post-16 code of practice, it says:
> 4.6 "Direct discrimination will often occur where the education provider
> is aware that the disabled person has a disability and that is the reason
> for the education provider's treatment of him.  However, direct
> discrimination may also occur even though the education provider is
> unaware of a person's disability."
> Example [paraphrased] : a lecturer makes a general comment to a class
> about the demands of the next stage of a course and suggests that people
> with mental health conditions which may affect attendance should consider
> whether the course will be suitable for them.  A particular student who
> has had absences due to periods of depression leaves the course because
> of the comments.  This is likely to amount to direct discrimination and
> is therefore unlawful.
> With respect to disability-related discrimination it also says,
> 6.11 There is no requirement for an education provider to know that a
> person is disabled in order to be liable for unlawful less favourable
> treatment.
>
> So I have two questions:
> 1. Is this something which has recently changed? (I've thrown away my old
> code of practice!)
> 2. In the example, is it the specific reference to mental health
> difficulties as a cause of absence which is discriminatory?  If
> attendance were a genuine competence standard for the course, would it be
> acceptable to say so, and to say that any student who may have
> difficulties meeting that standard should consider the suitability of the
> course?
>
> Thoughts welcome!
> Katya
>
> _____________________________________________
> Katya Hosking  (029) 2087 9218
> Accessible Curriculum Officer
> Registry, Cardiff University
> 30-36 Newport Road, Cardiff CF24 0DE
> www.cardiff.ac.uk/learning/themes/access/index.html
>
> >>> "Jackson, Erin" <[log in to unmask]> 19/06/2007 15:10 >>>
> Hi Ros,
>
> I actually happened to read about this the other day.
>
> See http://jarmin.com/demos/course/senda/07.html  under the question
> 'When does my institution 'know' that a student is disabled?'.
>
> It says that 'Even when a disabled student tells just one student in the
> institution, it is then deemed to know about the disability, unless the
> student requests confidentiality.'
>
> Erin
>
>
> Erin Jackson
>
> Disability Adviser
> Student Services
> University of Bolton
> Deane Road
> Bolton BL3 5AB
> Tel: 01204 903087
> Minicom: 01204 903490
> www.bolton.ac.uk/disability
> Please don't print off this email unless it's entirely necessary - save
> the planet!
>
>
> -----Original Message-----
> From: Discussion list for disabled students and their support staff.
> [mailto:[log in to unmask]] On Behalf Of Ros Platton
> Sent: 19 June 2007 15:03
> To: [log in to unmask]
> Subject: Disclosure via 3rd party
>
> Hi All,
>
> We have a student who disclosed to a third party, another student, about
> a mental health difficulty, and then asked that student to speak to the
> tutor.  I have asked the tutor to suggest that she come to see me but
> she has not done so as yet.  Does this constitute disclosure under the
> DDA?
>
> Any advice gratefully received,
>
> Ros Platton
>
>
> Ros Platton
> Disability Advisor
>
>
> Lamorbey Park Campus, Burnt Oak lane, Sidcup, Kent.  DA15 9DF. UK
> t +44(0)20 8308 2600    f +44(0)20 8308 0542     ddi +44(0)20 8308
>
> www.bruford.ac.uk
>
>
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