Equality and Diversity

University of Sussex Disability Policy

  1. INTRODUCTION
    The University of Sussex is committed to ensuring that all students and staff are treated equitably and it has a long tradition of supporting students with a wide range of impairments. However, recent legislation has required us to improve yet further upon our provision and reappraise all our practices to ensure that they are not unintentionally discriminatory or present unnecessary barriers to disabled students and to staff.

    The University is committed to working towards an understanding of the Social Model of Disability, thereby not focussing on an individual's medical condition or impairment, but instead identifying the impact of Disability in the structural, organisational, physical and attitudinal barriers that prohibit disabled people from achieving equality and inclusion of their needs, rights and requirements.

    This Disability Policy sets out the University's commitment to disabled students and staff and provides a framework to ensure that Sussex offers a supportive environment for all members of the University community.

  2. THE LEGAL FRAMEWORK
    The Disability Discrimination Act 1995 (DDA), makes it unlawful to discriminate against disabled people, or people who have had a disability, without justification. Indirect discrimination where a provision, criterion or practice presents barriers is potentially as unlawful as direct discrimination. Reasonable adjustments must be considered fully before any decision is taken to justify less favourable treatment towards a student or member of staff. Discrimination is only lawful for 'substantial and material' reasons and in limited prescribed circumstances outlined within the DDA. Legal protection extends to the post-employment relationship for disabled staff, e.g. with references.

    The Act defines disability as "a physical or mental impairment", which has a substantial and long-term adverse effect on a person's ability to carry out normal day- to-day activities.

    • "Impairment" covers physical impairments and impairments affecting the senses such as sight and hearing. It also covers mental impairments, including learning disabilities and mental illness where the condition is recognised by a respected body of medical opinion. If the impairment is controlled by medication or special aids the person is still considered as disabled for the purposes of the Act.

      People with stress related illnesses and conditions such as Chronic Fatigue Syndrome may be covered if there are long term, substantial and adverse effects. Those with other long term chronic conditions such as asthma, diabetes, heart disease, arthritis, upper limb disorders (eg Repetitive Strain Injury) or epilepsy may also have legal protection.

    • "Substantial" means more than minor or trivial and includes progressive conditions where impairment is likely to become substantial, such as cancer, multiple sclerosis, muscular dystrophy and HIV infection. People with such conditions are covered by the Act from the moment there is a noticeable effect on day-to-day activities, however slight. HIV and cancer will be specifically included from 2004 once changes to the DDA are implemented.
    • "Long-term" means effects, which have lasted for at least twelve months, or are likely to last for twelve months or more. Long-term effects include those which are likely to recur.
    • "Day-to-day activities" are normal activities carried out by most people on a regular basis, and must involve one of the following broad categories: mobility; manual dexterity; physical co-ordination; continence; the ability to lift, carry or move everyday objects; speech, hearing, or eyesight; memory or ability to concentrate, learn or understand; perception of the risk of physical danger.

    Severe disfigurements are treated as impairments, even though they may have no effect on a person's ability to carry out normal day-to-day activities.

    The Special Educational Needs and Disability Act 2001 (SENDA), part 4 of the Disability Discrimination Act, significantly extended our responsibilities in respect of educational and non-educational services provided to students. In addition to the Act, the DDA lays upon the University as a non-education service provider, the duty to make reasonable adjustments to policies and practices by providing extra help or aids and by providing the service in an alternative way. For example, when the university arranges conferences it is liable under part 3 of the DDA to members of the public, as well as potentially to students under part 4 of the DDA.

    Under the legislation, discrimination is defined as:

    • Unjustifiably treating someone less favourably for a reason relating to his or her disability.
    • Failing to make a reasonable adjustment where any arrangement or physical feature places a disabled person at a substantial disadvantage

    Since October 1999, there has been a duty on service providers to alter any practices, policies or procedures that make it impossible, or unreasonably difficult, for disabled people to use the service and to provide auxiliary aids or services which would enable disabled people to use a service. There has also been a duty to overcome physical barriers by providing a service by a reasonable alternative method.

    Examples of auxiliary aids include providing information in alternative formats, extra assistance or a textphone. From October 2004, the final stage of part 3 of the DDA will be implemented. From that date, service providers must have taken reasonable steps to change or overcome physical features of premises which make it impossible, or unreasonably difficult, for disabled people to use a service.

    The legal timetable for implementation in respect of students is as follows:

    September 2002: in respect of duties not to treat less favourably and to make reasonable adjustments to non-physical arrangements.

    September 2003: in respect of auxiliary aids and services other than those that require physical adjustment to buildings.

    September 2005: in respect of physical adjustment to buildings.

  3. POLICIES AND PROCEDURES: STUDENTS

    Student Recruitment and Admissions

    The University's Disability Statement (POLICY DOC - Disability Statement [DOC 111.50KB] | POLICY DOC - Disability Statement [PDF 86.48KB]) provides a summary of the services, facilities and site accessibility for disabled students. The Statement is flagged in the prospectuses; it is distributed at recruitment fairs and available at Open Days and it is sent to all enquirers declaring an impairment on their application form. The Statement is available on the web in a version designed for both visually impaired and readers with dyslexia and is also available in Braille and audio versions.

    The undergraduate and postgraduate prospectuses are on the web in their entirety. Prospective students are able to download text from the prospectuses which can then be run through enlargers, voice-activators etc.

    Correspondence and publicity materials regarding Open Days have been reviewed to ensure that we are aware of any access needs of prospective students and those accompanying them. Events are staged in accessible locations and organisers are briefed on access routes around campus.

    All applicants to the University are considered equally. Where an applicant declares an impairment we try to ensure that any support needs are identified at an early stage, but this should not involve unreasonable delays in processing such applications. Nor does it involve withholding an offer to an otherwise qualified applicant on the grounds of his or her impairment, except in the following cases:

    • risk to health and safety: certain conditions may present safety risks, particularly in a laboratory setting, despite all reasonable adjustments being made. Any less favourable treatment would be unusual and would only arise in limited circumstances.
    • the need for specially adapted accommodation: the availability of such accommodation cannot be guaranteed to all potential applicants.
    • physical access issues. It may be the case that, despite all reasonable adjustments having been made, some key locations remain inaccessible to students with certain impairments.

    Our procedures, which are expeditious and non-discriminatory are set out in the Special Needs
    Procedures for Undergraduates
    admissionsprocedureUG [DOC 88.00KB] | admissionsprocedureUG [PDF 38.08KB]
    Postgraduates
    ADMISSIONSPROCEDUREPG [DOC 33.00KB] | ADMISSIONSPROCEDUREPG [PDF 25.27KB]
    Visiting and Exchange Students
    admissionsprocedureVandE [DOC 21.50KB] | admissionsprocedureVandE [PDF 6.10KB]
    Students applying to the CCE
    admissionsprocedureCCE [DOC 20.50KB] | admissionsprocedureCCE [PDF 5.80KB]

    Accommodation

    We have specially-adapted accommodation for up to four students who need some assistance with day-to-day living in Kulukundis House. Other University housing, both on and off campus, includes adapted units for students who are able to live independently and this provision will be increased by an additional four units in the new extension to Lewes Court. The procedure for allocating rooms in Kulukundis House ensures that applicants are offered places, if available, in a timely way and are not required to wait until the end of the admission process. These procedures are set out in admissionskulukundis [PDF 16.81KB].

    Specialist Support Services for Disabled Students

    The University provides a range of support services for disabled students including the Sussex Regional Access Centre, a campus-based regional centre offering assessment of students for the Disabled Student's Allowance and the Student Support Unit.

    The Student Support Unit staff includes two Disability Co-ordinators, a Learning Support Co-ordinator, a Mental Health Co-ordinator, and Dyslexia Advisors,. The Unit provides advice and support to applicants and provides individual support to current students, liaising with a wide range of support and academic staff and identifying, and providing for, students' support needs including the provision of notetakers. It also assists with applications for Disabled Student's Allowance. The Unit also provides a learning support service, offering individual and group support to students with dyslexia and other specific learning difficulties.

    Teaching and Learning

    A number of materials are available to support members of staff in working with students with disabilities (Teaching, Learning and Assessment). The materials have been designed to be searchable in two ways: by types of disability/impairment and by teaching and learning contexts. Also included are some practical 'tips' in respect of teaching delivery, some of which help students with some impairments, others of which help all students whether they have impairments or not. There are also a number of support arrangements from the use of tape recorders in lectures and seminars to extra time in examinations. These are outlined in the document Reasonable Adjustments: Students [DOC 31.00KB] | Reasonable Adjustments: Students [PDF 12.51KB].

    Assessment

    The University puts in place a number of practical arrangements for examinations, including additional time allowances, the use of computers and amanuenses, the provision of papers in alternative formats and the use of alternative rooms outside the main examination venues. It also has Procedures for Agreeing Alternative Modes of Assessment for Disabled Students [DOC 34.00KB] | Alternative Modes of Assessment for Disabled Students [PDF 26.34KB],  which may entail for example, substituting an unseen examination with an extended essay or substituting oral presentations for written assignments.

    There is a separate issue concerning the treatment of assessed work submitted by students with dyslexia. The University has a Policy on Marking of Work Submitted by Students with Dyslexia  (word | pdf) which aims to ensure that students with specific learning difficulties are not unduly disadvantaged through our assessment procedures.

    Physical Access

    The University has, for a number of years, made provision within the Major Works Programme for alterations to improve physical access and facilities for disabled students. It is currently engaged in a five-year rolling programme of alterations to buildings and the University site, which are detailed in the Schedule of Access Works. The document Access Around Campus [DOC 81KB] is an up-to-date guide to the campus and access to all social and academic buildings.

    Access to Academic Services

    The University is committed to ensuring that academic services available to non-disabled students are fully accessible to disabled students and the Library, The Computing Service and the Sussex Language Institute have undertaken audits of the accessibility of their services and have also identified any further action which needs to be undertaken.

    Teaching Space

    An Inventory of  Accessible Teaching Space (Excel file) has been drawn up which includes locations of induction loops and auxiliary aids. The objective is to ensure that as high a proportion of general teaching space as possible is accessible and equipped for at least the majority of disabled students.

    Partner Institutions

    Partner Colleges: Each of our partner colleges are required to produce a Disability Statement and their Disability Policies will be formally reviewed as part of the periodic re-recognition process.

    Study Abroad: The International and Study Abroad Office liaises actively with our students and our partner institutions to find the most suitable universities for students with various support needs and, in any year, we have a small number of students abroad who are in this position. There are country-specific variations in the level of provision which are detailed in the International and Study Abroad Office Survey of Partner Institutions in North America and Europe (excel file).

    International Students

    Each year we admit a small number of disabled students from overseas. In most cases, the support requirements are negotiated with the student prior to their arrival but some students present with particular needs after they have started their course at Sussex.

    Students with Mental Health Difficulties

    In addition to its Psychological and Counselling Service, the University employs a Mental Health Co-ordinator who is responsible for providing continuing support for individual students; advice and guidance to applicants and improving awareness within the University of the needs of students with mental health difficulties. The Mental Health Co-ordinator is also responsible for overseeing the implementation of the University's Mental Health Policy, the purpose of which is to provide a positive and helpful framework within which the University community responds to issues relating to mental health in its broadest sense.

    Confidentiality and Disclosure

    The University has a general Code of Practice on the Confidentiality of Personal Data, and subsidiary guidance documents for staff dealing with students' personal information, which are given wide circulation and emphasis. Within the general Code there is also a Code of Confidentiality (word | pdf) which includes guidance on circumstances when a commitment to confidentiality should be broken. . If the disabled student has told someone within the University about his or her disability, then the University may not be able to claim that it did not know. If the University might reasonably have known or found out about a person's disability, then it cannot claim that it did not know. Staff need to be proactive in encouraging students to disclose disabilities.

    The University also has specific Procedures for the Procedures for the Disclosure of Information on Disabled Students Disclosure of Information [DOC 29.50KB] | Disclosure of Information [PDF 10.79KB] (word | pdf) designed to ensure the effective communication of students' support needs based upon their written consent.

    Staff Development

    The implementation of a University-wide disability strategy has significant implications for staff development. The key areas have been incorporated into a Staff Development Programme in respect of disability issues.

    In addition to the activities detailed in the programme, disability awareness will be included in all staff induction activities and the Disability and Learning Support Co-ordinators will continue to advise individual members of staff on supporting disabled students in the teaching and learning environment.

    Although workshops and presentations have a key role in raising awareness, the staff development programme is supplemented by a range of web-based materials, specifically linked to teaching delivery and curriculum design.

    Communications

    Effective and accessible communications are a key requirement for both disabled staff and students. Application forms, instruction booklets, handbooks etc., can be modified on request and most documentation is published on the website and can be made available on disk to convert to Braille.

    The University also has a set of general Guidelines on Presenting Written Materials ( word | pdf) covering style, fonts and layout etc., and a set of Guidelines on Web Accessibility. It is intended that all web documents comply with these standards and, to this end, the University's Web Team has undertaken a Web Accessibility Audit and is working with Units across the University to ensure the adoption of best practice.

    Monitoring and Evaluation

    The Registrar & Secretary convenes a Working Group which oversees the University's Disability Strategy, Project level Playing Field, from which this Disability Policy is derived. In addition, the Disabilities Consultative Group meets termly with a membership drawn from across the University to encompass all those with an interest in disability issues and those responsible for the delivery of services. The Consultative Group reports to the Equal Opportunities Working Group.

    The Student Support and Progress Committee has responsibility for monitoring the University's provision for disabled students and receives the Annual Reports of the Student Support Unit and the Sussex Regional Access Centre.

    The Student Support Unit maintains statistical data on disabled students and also elicits regular feedback from students through surveys and questionnaires.

    Discrimination and Non-Compliance

    All students are expected to treat disabled colleagues, staff and visitors with the same dignity and respect as their non-disabled counterparts.

    Any form of harassment of a person with a disability on account of their impairment is unacceptable behaviour and is potentially unlawful under the terms of the Disability Discrimination Act 1995 and the Protection from Harassment Act 1997.

    All students are required, by virtue of their registration, to become familiar with and understand the contents of the University's Equal Opportunities Policy. It should be noted that any intentional breaches of the legislation on equal opportunities or of the University Policy may lead to disciplinary action. Individuals should also note that they may be personally liable under law.

  4. POLICIES AND PROCEDURES: STAFF

    Recruitment

    The University has published guidelines for applicants and disabled job applicants are given the opportunity to request any reasonable adjustments to the application process (eg large print or Braille application form). Vacancies are advertised in a wide range of media, including national and local newspapers and websites. Text of all advertisements and further particulars will be made available in electronic, Braille, large text or other format upon request.

    Human Resources staff will make information available for short listing and selection panels in order to minimise any potential discriminatory practice in recruitment and selection. Only those selection criteria which are necessary for the job should be specified and care must be taken not to use criteria which may unjustifiably place a disabled applicant at a disadvantage in the selection process.

    The essential criteria should be the minimum criteria needed to carry out the job. All candidates will be assessed on their abilities, experience and suitability for the post according to objective criteria. Any discrimination or less favourable treatment on grounds of an individual's disability must be justified on 'substantial and material' grounds in accordance with the DDA and must take account of the requirements of the job, the effect of the individual's impairment upon the job and consider any reasonable adjustments which might reduce or eliminate the effect. Blanket exemptions for jobs or health or fitness requirements that are unrelated to the post are not lawful, although it is legitimate to specify mandatory requirements for jobs (such as lifting or driving) where absolutely necessary and core to the functions of the post.

    Selection

    Consideration will be given to interview arrangements to ensure that a disabled person is not at a disadvantage compared to other applicants. This may include ensuring that the interview room is accessible for any applicants with mobility difficulties. Disabled applicants will be offered reasonable adjustments in relation to the interview process, such as sign language interpreters, adjustments to any presentations, etc.

    During the interview process, selection panels will be encouraged to assess how any disabled applicant can meet the requirements of the post, considering any reasonable adjustments which may be necessary and appropriate. Any assessment methods must be adjusted for disabled applicants where appropriate, allowing oral presentations, use of technology etc.

    Reasonable Adjustments

    The University will make reasonable adjustments to the workplace and to employment arrangements to ensure that a disabled person is not at any disadvantage when compared to a non-disabled person.

    Reasonable adjustments are changes to the duties of the post or employment arrangements to allow a disabled person to undertake, or continue to undertake, a job. Reasonable adjustments might include measures such as: altering working hours; allowing absences during working hours for rehabilitation, assessment or treatment; giving additional training; modifying physical features of the workplace such as fixtures and fittings, furniture and access to equipment; making special arrangements for parking and access to buildings. What is a Reasonable Adjustment: Staff (Reasonable Adjustments Staff [DOC 21.50KB] | Reasonable Adjustments: Staff [PDF 10.92KB]) provides some guidance on reasonable adjustments but it is not exhaustive and other adjustments may be necessary in individual circumstances.

    In all cases the person concerned must be consulted on the reasonable accommodation of his or her needs. Decisions on whether an adjustment is reasonable must take into account all relevant factors, including the extent to which the alteration will improve the situation for the disabled employee or job applicant, the cost of the measures, both financial and in terms of disruption caused to others and the ease of making the change. The employee is expected to co-operate with any arrangements subsequently agreed. Any proposal by the line manager to make Reasonable Adjustments or provide equipment for an individual should be discussed with the relevant Personnel officer prior to any course of action being taken. Advice and financial contribution in certain circumstances is available from the Government's Access to Work scheme, which can be accessed via Job Centre Plus. Occupational Health can arrange for ergonomic assessments, technical reports or Occupational Psychology assessments to be carried out where needed by Job Centre Plus.

    Training, Induction and Support

    Training events and information sessions on disability awareness and on recruitment and selection are run regularly by the Staff Development Unit. The University has a programme of induction training for all new staff.

    Human Resources Personnel Officers, in conjunction with the relevant line manager will be responsible for discussing with disabled employees any individual needs they may have, such as additional induction requirements, particular equipment or car parking, and for ensuring that support is provided on an on-going basis, with regular assessment of whether needs are being met. Advice and support is available from Human Resources and the Occupational Health Service. The provision of reasonable adjustments should be reviewed by line managers during the annual appraisal process. Disabled staff will not be disadvantaged in their opportunities for training and development. Where appropriate, specialist training will be made available in order to allow them to develop their skills and career opportunities.

    In cases where advice is needed on a medical condition or on the safety implications of recruiting a disabled employee, line managers will liaise with Human Resources Division and the Occupational Health Service or other specialist agencies for guidance, as appropriate. Throughout the University senior managers are expected to encourage the involvement and participation of disabled employees to ensure that, wherever possible, employment practices and procedures recognise and meet their needs.

    Disclosure and Confidentiality

    In accordance with the Data Protection Act and the University's Code of Practice on Handling Sensitive/Personal Information, any information regarding a person's impairment provided to the University is treated in confidence. All information collected for monitoring purposes will be kept in confidence, and all existing staff and applicants will be told that the information will be used only for Equal Opportunities monitoring purposes.

    Individuals should be asked by their line manager whether they wish their colleagues to be informed of their disability status, and their wishes in this respect should be followed. If there are exceptional circumstances which lead the line manager to believe that non- disclosure of an impairment could cause a hazard to other employees, for example for health and safety reasons, then they should discuss the matter with the Personnel Officer responsible for the department concerned. Any decision taken should be reported back to the individual disabled member of staff to whom it relates.

    Working Environment

    The University is committed to making buildings and sites accessible, where this is reasonably possible, although it is recognised that there may be difficulties with some established University buildings and external environs, owing to listed/Heritage status. All new building meets the statutory access requirement laid down for new buildings. An Access Map is available on the web indicating routes to buildings; lift access and other facilities for those with mobility difficulties.

    Where practicable the University will make adjustments to the immediate working environment of a disabled person, for example the provision of special furniture, equipment or signage. Disabled people may need special provision to enable them to make proper use of information technology. Any additional needs should be identified when the Health and Safety work station assessment is carried out during the Induction period for newly appointed disabled staff, or as and when required for staff who become disabled whilst employed within the university. Information Technology can sometimes provide a way of overcoming disadvantages in other aspects of the work environment. The University provides the relevant IT support on an individual basis to disabled employees. Information and assistance is available via Human Resources Division, Sussex Regional Access Centre and Occupational Health.

    Health and Safety

    It may be necessary on occasion to make special arrangements to ensure that a person's impairment, or any effect of it, does not increase the risks, either for themselves or for others. Where a conflict arises from competing legislation the University will try to accommodate the requirements as fully as possible. However, under certain conditions one law may take precedence over another and a balance may not be able to be reached. This will only arise in very limited and prescribed circumstances. When managers conduct risk assessments for disabled staff, consideration should be given to the provision and review of any reasonable adjustments, as outlined above.

    Schools and Units are responsible for organising local 'Personal Emergency Evacuation Plans (PEEP's)' for disabled staff. Nominated staff receive notification of people with mobility and other impairments (particularly those who are wheelchair users or who have sensory impairments). In all cases individual staff will be consulted about their individual needs for evacuating their building in a safe and dignified manner, in advance of any emergency by their School/Unit. Details of evacuation in the event of an emergency are available from Health and Safety and general information is posted in every building. Staff should make themselves familiar with any specialist equipment/ procedures that may apply to them. Staff should also notify the member of staff responsible for health and safety in their department/unit of any changes that may affect the PEEP, such as a change to their location.

    Disability arising during employment

    When employees become disabled during the course of their employment, all reasonable steps will be taken to accommodate the effects of their impairment by making adjustments to their existing employment, or through appropriate retraining and redeployment, enabling them to remain in employment with the University whenever possible.

    Human Resources Personnel Officers will seek the involvement of the individual concerned, the University's Occupational Health Service and/or other appropriate specialist agencies, in order to assess the effects of impairment and explore possibilities for appropriate and practical adjustments. Any external reports for the supply of equipment or ergonomic assessment will be held both in the individual's personnel file, by the individual concerned and by their Line Manager. The Line Manager will be responsible for monitoring any adjustments to the working environment or the continued effectiveness of any equipment, in consultation with the individual disabled staff member.

    The Line Manager should discuss the options available with the individual after taking appropriate advice from Personnel/Occupational Health and after any external assessments have been carried out at Occupational Health's request. Each case will be considered individually, taking into account all the relevant circumstances.

    These may include:

    • continuing in the same post with reasonable adjustments to the duties and/or the working environment or provision of equipment:
    • redeployment to another post within the University, which may include a requirement for retraining within a reasonable timescale. There is no guarantee to maintain someone on the same salary if redeployment is to a lower grade or alternative post;
    • consideration of early retirement/resignation on ill-health grounds;
    • or, if having considered all other options, it is apparent that the employee cannot realistically continue in employment, then a decision to terminate the employment may be made. In such cases the employee will have the usual right of appeal.

    The University will endeavour to assist all employees who become disabled in making contact with appropriate organisations which may be able to provide them with inform ation and continuing support.

    Discrimination and Non-Compliance

    All employees are expected to treat disabled colleagues, students and visitors with the same dignity and respect as their non-disabled counterparts.

    Any form of harassment of a person with a disability on account of their impairment is unacceptable behaviour and is potentially unlawful under the terms of the Disability Discrimination Act 1995 and the Protection from Harassment Act 1997.

    The University regards incidents of harassment very seriously and as possible grounds f for disciplinary action which may lead to dismissal. Copies of the Harassment Policy (word | pdf) and procedure for handling complaints are available on the web.

    All staff are required, by virtue of their terms of appointment, to become familiar with and understand the contents of the University's Equal Opportunities Policy. It should be noted that any intentional breaches of the legislation on equal opportunities or of the University Policy may lead to disciplinary action. Individuals should also note that they may be personally liable under law. Disabled members of staff with a grievance are able to raise this grievance by following the University's Grievance Procedure.

    Monitoring and Review

    This policy and any action plans arising from it are monitored by the Equality and Diversity Committee who meet once per term.

    Monitoring and review of all relevant policies within the university will be undertaken over the next 3 years (2003- 2006) in order to identify areas where change or improvements may be needed. The University has set targets for increasing the number of disabled staff, encouraging staff to declare themselves as having an impairment and ensuring Reasonable Adjustments are provided.

    Channels of Communication

    • The first point of contact for individual members of staff is normally their line manager
    • Alternatively, they may contact the Personnel Officer who has responsibility for that particular Department in order to discuss issues in general terms.
    • If the matter is related to a health issue, or the individual wishes to maintain confidentiality in relation to a health issue, the Occupational Health Adviser may be contacted. The Equalities Co-ordinator can also be contacted to discuss any concerns.
    • The individual's line manager is responsible for ensuring that all matters relating to employment are dealt with appropriately. If an individual is unable to resolve an issue relating to their employment satisfactorily they should contact the Personnel Officer responsible who will try and settle the issue informally. If the matter remains unresolved then the individual should consider if they wish to pursue their complaint via the Grievance Procedure.