Disability Services can arrange academic support and adjustments if a student has a disability or long-term health condition that has an impact their ability to study. This may include:
Occasionally, we're recommending remote study as a reasonable adjustment under the Equality Act.
When a student registers with Disability Services, they are required to provide evidence of their disability. When remote study is a possible recommendation, that evidence must contain the following:
This information is then reviewed by Disability Services, to establish:
N/B Should any member of staff have concerns around a students fitness to study, the student should be referred to Support to Study.
Special Cases are able to approve remote/online study in specific and limited cases, where it’s deemed a reasonable adjustment on the grounds of disability.
Remote study recommendations can be made:
Where this is the case, there is an obligation for the University to consider whether reasonable adjustments can be made to facilitate remote/online teaching and assessment for the student. As such, academic departments, whom have a detailed understanding of individual course requirements and assessments, are best placed to consider the 'reasonableness' of an adjustment recommendation, and make the appropriate application to Special Cases.
The Equality Act doesn't outline any specific factors when considering/defining the 'reasonableness' of a potential adjustments. However, the threshold for universities determining that an adjustment would be unreasonable, is likely to be substantial based on this case study published by the Office of the Independent Adjudicator in 2018. Furthermore, legal advice provided to the Special Cases Committee in 2019 drew strongly on this OIA case study to reflect this high threshold. No cases are the same and each request is to be considered individually.
It may not be reasonable to provide remote/online teaching and assessment is if in-person attendance is a genuine competence standard for that particular course.
The Equality Act does not require a university to make reasonable adjustments to a provision, criterion or practice that is defined as a competence standard. However, a requirement or condition only amounts to a competence standard if its purpose is to demonstrate a particular level of a relevant competence or ability.
For the majority of courses, in-person attendance is very unlikely to amount to a competence standard, although there may be some rare exceptions for very practical based courses. Even then, reasonable adjustments to teach and assess any such learning outcome in an alternative way must first have been considered.
There may of course be other valid reasons for concluding that remote study would be unreasonable within the specific context of an individual case. but it should be noted that this threshold is likely to be high and would likely need to be evidenced.
The implementation of remote study has varied according to the nature, requirements and learning outcomes of the specific course.
Firstly, we would expect the student to access any teaching material on the VLE as usual and to access any teaching sessions which are already recorded through Replay (or the equitable alternative provided for all disabled students in line with Lecture Capture Policy) through that pre-existing arrangement.
In respect of other teaching sessions to which this doesn't apply the following approaches have been used/considered for previous York cases:-
If the department is happy to proceed with the remote study request, a case meeting will be arranged by a Disability Practitioner, inviting the student and department to agree the format of the reasonable adjustments. Following this, the department can then make the appropriate application to the Special Cases Committee.
Should the department determine that the recommendation is 'unreasonable,' they should formally notify the student of this directly, and inform them of their right to appeal the decision (regulation 6.7) should they wish. It would also be sensible to refer the student to YUSU or GSA for support with any such appeal.
When making a Special Cases request for remote study, Departments have previously included the following:-
A brief summary of those involved in considering and approving the recommendations eg key teaching staff, Board of Studies and Disability Services.
A brief outline of the standard course teaching arrangements - use of seminars, group discussions etc
Confirmation of the proposal remote study arrangements: