1.0 Purpose and scope

This policy and its related procedures exist to ensure that the University meets compliance with the following:

• The Equality Act 2010 which imposes a legal duty to make reasonable adjustments to overcome any disadvantage experienced by disabled students
• Office for Students condition A1 of registration: Access and Participation Plan (APP)

The Equality Act 2010 protects students from discrimination, harassment, or victimisation as the result of a disability. Disability discrimination can include direct discrimination, indirect discrimination, failure to make reasonable adjustments, discrimination arising from disability, harassment, and victimisation.

The Equality Act 2010 imposes a duty on the University to make reasonable adjustments and remove barriers for disabled students. Reasonable adjustments are variations or alterations made to enable a disabled student to engage with their course, demonstrate their learning and participate fully in university life.

The duty applies to:

• provisions, criteria or practices (for example, policies, processes, and methods of teaching and assessment)
• physical features (for example, access to buildings, design of teaching and learning environments)
• providing auxiliary aids or services (for example, equipment, technology or support from a person)
• the University is committed to implementing anticipatory adjustments for all students through our Framework for Reasonable Adjustments, as well as through the implementation of Individual Adjustments which may require assessment of the student’s individual circumstances and the impact of their disability, details of which are contained in the associated procedure

This policy applies to all members of the University, including staff, students and any individuals working with or for the University. This includes all external members of the University Council and its committees, other external members of University committees, external examiners and assessors, consultants and contractors, volunteers, Honorary staff and Emeritus Professors/Fellows.

2.0 Definitions

‘Disability’- under the Equality Act 2010, a student is disabled 'if they have a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities'. This will include students with long term health and mental health conditions as well as students who are neurodivergent, including those with a Specific Learning Difficulty/Difference (SpLD).

‘Substantial' is defined by the Act as 'more than minor or trivial'. An impairment is considered to have a long-term effect if it has lasted for at least 12 months, is likely to recur, is likely to last for at least 12 months, or is likely to last for the rest of the life of the person.

‘Anticipatory‘ means that the University is required to consider and take action to remove barriers that impact disabled students generally, as well as putting individual reasonable adjustments in place where needed.

‘Reasonable’- in defining what is reasonable, universities are not required to reduce or change academic standards, nor is it required to compromise genuine competence standards.

3.0 Roles and responsibilities

3.1 Council is responsible for ensuring the University meets it duties under the Equality Act 2010, including the Public Sector Equality Duty. Council’s role is to approve the institutional framework, set expectations, and seek assurance that equality duties are embedded in decision-making and effectively implemented, including those relating to disabled students as detailed in this policy.

3.2 The Vice-Chancellor, reporting to Council, has overall responsibility for ensuring compliance under the Equality Act 2010. Senior Managers implement and promote the principles and behaviours embedded in University policies and procedures. The Vice-Chancellor delegates responsibility for undertaking aspects of these duties through line management and identified roles.

3.3 Equality, Diversity and Inclusion Committee (EDIC) provides assurance to Council that institutional duty towards disabled students has been appropriately discharged.

3.4 For learning, teaching and assessment activity, roles and responsibilities are detailed in the Reasonable Adjustments procedure. Approval of the detailed procedure sits with Senate, with further delegation for operational detail where appropriate.

3.5 All staff members in a student facing role are responsible for ensuring that they understand their obligations under this Policy in respect to the support of disabled students.

3.6 Campus Infrastructure will advise on the cost and feasibility of proposed reasonable adjustments to the fabric and structure of the buildings to enable a final decision to be made. Once budgets have been agreed and funding allocated, Campus Infrastructure will carry out the works in line with its standard service level agreement.

All new build and refurbishment projects will be implemented with the need to meet the requirements of the Equality Act, and will comply with planning, building regulations and any other relevant legislation. In addition, it will carry out periodic (usually every 5 years) access audits of the whole University estate. Campus Infrastructure will liaise with a nominated group of staff and students with mobility challenges and relevant specialist teams (e.g. DDaT, Centre for Learning and Teaching, Disability Service) to prioritise the approved works.

3.7 Digital, Data and Technology (DDaT - Learning & Events Technology Team) will advise on the cost and feasibility of proposed reasonable adjustments to the learning technology systems built into the buildings to enable a final decision to be made. Once budgets have been agreed and funding allocated, DDaT teams will carry out the works in line with standard service level agreement, liaising with Campus Infrastructure where necessary. DDaT teams will carry out their audit and maintenance processes for the learning spaces as agreed with relevant policies and processes.

3.8 Residence Life provide accessible accommodation and facilities for disabled students and works with the Disability Service to make reasonable adjustments for individual students.

3.9 Human Resources ensures that line managers are aware of their responsibilities in ensuring that members of staff have the necessary knowledge/skills and demonstrate the behaviours required to discharge their responsibilities under this policy.

4.0 Policy content

The University recognises its legal and regulatory responsibility towards students with a disability and works to ensure that inclusive practice is anticipated for all.

To ensure that it is compliant with these requirements, the University will:

4.1 Promote an inclusive, safe, and supportive environment for all students, free from unlawful discrimination, harassment, and victimisation (as detailed in the University Dignity and Respect Policy and Procedure).

4.2 Encourage applications from disabled students and provide them with clear information and advice.

4.3 Encourage students to disclose any requirements as early as possible and provide accessible mechanisms in which to do so, as outlined in the associated Procedure, and to help students understand how disclosure can better enable the University to fully meet their support needs.

4.4 Ensure that our campus, student accommodation, digital estate and all other services and facilities are as inclusive and accessible as possible. Where the anticipatory duty is not sufficient to support an individual disabled student, to implement reasonable adjustments including those captured within Personal Emergency Evacuation Plans and Health & Safety Risk Assessments.

4.5 Adopt an inclusive and accessible approach to all aspects of learning, teaching, and assessment in line the with the University of Bath Framework for Reasonable Adjustments which outlines how anticipatory and individual reasonable adjustments will be implemented.

4.6 Provide a professional Disability Service that delivers information, advice and support for disabled students, working with and for disabled students to create Disability Access Plans outlining anticipatory and individual adjustments and with colleagues to respond to queries and provide guidance in relation to the implementation of adjustments.

4.7 Treat any information relating to disclosure of a disability as sensitive information, as explained in the University’s Data Protection Guidance.

4.8 Provide disability related training and guidance to enable staff to meet the requirements of disabled students.

5. Related policies and procedures

5.1 Related policies:

University Dignity and Respect Policy and Procedure

5.2 Related procedure:

Reasonable Adjustments to Teaching, Learning and Assessment Procedure

The arrangements for delivery of this policy within teaching, learning and assessment activities will be recorded within the Procedure for making Reasonable Adjustments to Teaching, Learning and Assessment for Students with Disabilities, Long-Term Health Conditions or Specific Learning Difficulties. The Procedure, alongside this policy, will be reviewed to ensure that they are kept up to date.

5.3 Education, Quality and Standards Committee (EQSC), in its delegated role from Senate, can amend the arrangements contained within the above procedure on the advice of Disability Services or Student Experience Advisory Board provided that reasonable steps are taken to inform all relevant parties of the changes.