Equal Treatment of Students at Universities
Mahesh
23rd May 2006
Dear Friends,
It time for college admissions....just give a moment to ponder on the following questions....
How often do you see persons with disabilities in your college as your classmate?
Do you think our colleges encourage admission of students with disabilities such as persons with walking/ seeing/ hearing disability?
Do you think students with disabilities have equal access to the college facilities such as access to the toilet, reading material, library, labs, auditorium, sports and recreation and transportation?
Do you think students with disabilities have a level playing field during examinations?
Do you think persons with disabilities in college are discriminated?
Do you think our colleges do not have the resources to meet the needs of persons with disabilities?
Do you think women with disabilities have access to college education?
Do you know that a majority of persons with disabilities in our country do not go to college?
If you are not sure about the answers for the above questions - Don't you think our universities should come out with a policy that promotes 'Equal Treatment of Students at Universities'?
Please read below an Act named 'Equal Treatment of Students at Universities Act' passed in Sweden which has some answers to end this silent discrimination faced by students with disabilities.
If you think we can do something about this, come let us joint together and kick-start a campaign to prevent discrimination in our universities.
I need ideas, contacts and friends who can make this happen...
With warm regards
Yours sincerely
Mahesh
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[Translation from Swedish into English]
The purpose of this Act is to promote in the higher education sector equal rights for students and applicants and to combat discrimination owing to sex, ethnic belonging, sexual orientation and disability.
Definitions
Section 2
In this Act
University: means a university or a university college which is managed by the State, a municipality or a county council and which is subject to the Higher Education Act (1992:1434) and also private organisers of education who hold a licence to award degrees in accordance with the Award of Certain Degrees Licensing Act (1993:792),
Student: means a person who has been accepted and is undertaking basic higher education or research education in accordance with the Higher Education Act or a course that can result in a degree that a private organiser of education may award in accordance with the Award of Certain Degrees Licensing Act; however, a person who is employed as a doctoral student shall not be deemed to be a student when applying this Act,
Applicant: means a person who by the appropriate procedure has given notice that he or she wishes to be accepted for basic higher education or research education in accordance with the Higher Education Act or to a course that can result in a degree that an individual organiser of education may award in accordance with the Award of Certain Degrees Licensing Act,
Ethnic belonging: that someone belongs to a group of people who have the same colour, national or ethnic background or religious belief,
Sexual orientation: homosexual, bisexual or heterosexual orientation,
Disability: permanent physical, mental or intellectual limitation of functional capacity as a consequence of an injury or an illness that existed at birth, has arisen thereafter or which may be expected to arise.
Active measures
Goal-orientated work
Section 3
A university shall, within the framework of its activities, conduct goal-orientated work to actively promote the equal rights of students irrespective of their sex, ethnic belonging, sexual orientation or disability.
More detailed regulations concerning the obligations of universities in accordance with the first paragraph are contained in Sections 4 and 5.
Preventing and precluding harassment
Section 4
A university shall take measures to prevent and preclude a student being exposed to conduct that violates his or her integrity in higher education studies, if the conduct is related to
- the student’s ethnic belonging (ethnic harassment),
- the student’s sexual orientation (harassment owing to sexual orientation),
- the student’s disability (harassment owing to disability), or
- the student’s sex or is of a sexual nature (sexual harassment).
Annual plan
Section 5
A university shall each year prepare a plan that shall contain a review of the measures that are required to promote the equal rights of students irrespective of their sex, ethnic belonging, sexual orientation or disability and in order to prevent and preclude harassment in accordance with Section 4. The plan shall also contain a report on which of these measures the university intends to commence or implement during the forthcoming year.
A report on how the planned measures in accordance with the first paragraph have been implemented shall be included in the plan for the following year.
Obligation to investigate and take measures against harassment
Section 6
A university that becomes cognisant of a student considering him or herself to have been exposed to such harassment as referred to in Section 4, shall investigate the circumstances surrounding the said harassment and, in appropriate cases, take such measures that may reasonably be required to preclude continued harassment.
Prohibition against discrimination
Direct discrimination
Section 7
A university may not disfavour a student or an applicant by treating him or her less favourably than the university treats or would have treated persons of the opposite sex, another ethnic belonging, another sexual orientation or without disability in a similar situation, unless the university shows that the disfavouring is not connected with sex, the ethnic belonging, the sexual orientation or the disability.
The prohibition does not apply if the treatment is justified taking in to account a special interest that is manifestly more important than the interest of preventing discrimination at the university.
Indirect discrimination
Section 8
A university may not disfavour a student or an applicant by applying a provision, a criterion or a method of approach that appears to be neutral but which in practice especially disfavours persons of a particular sex, a particular ethnic belonging, a particular sexual orientation or with a particular disability. However, this does not apply if the provision, criterion or method of approach can objectively be justified owing to a reasonable goal and the means are appropriate and necessary in order to achieve the goal.
Scope of the prohibition
Section 9
The prohibition against direct and indirect discrimination contained in Sections 7 and 8 shall apply when a university
1. decides on entry to higher education or takes any other measure that is important for entry,
2. decides on examinations or makes any other assessment of study performance,
3. decides or conducts any other similar assessment on matters concerning
a) crediting of education,
b) respite with studies or continuation of studies after study breaks,
c) change of tutor,
d) withdrawal of tutor or other resources in connection with research education,
e) training allowance for doctoral students, or
4. takes a disciplinary measure against a student.
Section 10
The prohibition contained in Section 7 against direct discrimination when a university decides on entry to higher education and underlying education, also applies when the university, by making premises accessible and usable, can create a situation for a person with disability that is similar with that for persons without such disability, provided it is reasonable to require that the university takes such measures.
Prohibition against victimisation
Section 11
A university may not subject a student or an applicant to victimisation because he or she has reported the university for discrimination or participated in an investigation under this Act.
Information concerning credentials
Section 12
An applicant who has been denied access to education is entitled, upon request, to be provided with written information from the organiser of the education concerning what education or what other credentials the person who has been accepted for the education possesses. This right applies if the education sought can lead to a degree that an individual organiser of education may issue in accordance with the Award of Certain Degrees Licensing Act (1993:792).
Damages
Section 13
The State, a municipality or a county council that is the manager of a university and a private organiser of education who has a licence to award degrees in accordance with the Award of Certain Degrees Licensing Act (1993:792) shall pay damages for the violation that a student or an applicant has been subjected to by reason of the university neglecting
- the obligation under Section 6 to investigate and take measures against harassment of students,
- the prohibitions contained in Section 7 or 8 and Section 9 or Section 10 against discrimination of students or applicants,
- the prohibition contained in Section 11 against subjecting students or applicants to victimisation.
If it is reasonable, the damages may be reduced or lapse completely.
Appeals
Section 14
A decision by a university or a university college that is managed by the State, a municipality or a county council may be appealed against to the University Appeals Board on the grounds that the decision contravenes the prohibitions on discrimination contained in Section 7 or 8 and Section 9, items 1, 3 or 4 or Section 10 or the prohibition against victimisation contained in Section 11. If the Appeals Board considers that the decision violates any of the prohibitions and that it may be assumed that this had an impact on the outcome, the decision shall be annulled and the matter, if it is necessary, be remitted to the university or university college to be considered anew.
If a decision may be appealed against in accordance with any other enactment, the appeal shall be made according to the procedure prescribed there instead of in accordance with the provisions contained in the first paragraph.
Section 15
A decision by the University Appeals Board under this Act may not be appealed against.
Supervision
Section 16
The Equal Opportunities Ombudsman, the Ombudsman against Ethnic Discrimination, the Ombudsman against Discrimination because of Sexual Orientation and the Disability Ombudsman shall ensure that this Act is complied with.
An Ombudsman shall endeavour to secure voluntary compliance with this Act by the universities.
A university is liable, if directed by an Ombudsman, to provide the information concerning the circumstances regarding the operations of the university that may be of importance for supervision. A university is also obliged to submit information when an Ombudsman supports a request made by an applicant under Section 12.
Trial
Applicable rules
Section 17
Cases concerning damages in accordance with Sections 6-11 and also Section 13 shall be dealt with in accordance with that prescribed in the Code of Judicial Procedure regarding litigation in contentious cases where settlement of the matter is allowed.
However, in such cases it may be ordered that either party shall bear his or her own litigation costs, if the party that lost the case had reasonable cause to have the dispute considered.
Right to bring an action
Section 18
In a dispute in accordance with Section 17, the Equal Opportunities Ombudsman, the Ombudsman against Ethnic Discrimination, the Ombudsman against Discrimination because of Sexual Orientation or the Disability Ombudsman may as a party bring an action for a student or an applicant who gives consent for the same.
If an Ombudsman brings an action for a student or an applicant pursuant to this Act, the Ombudsman may within the same litigation also bring another action as a representative for the student or the applicant.
That prescribed by the Code of Judicial Procedure concerning situations of disqualification relating to parties, personal attendance, questionings under truth affirmation and other issues that relate to evidence shall also apply to a person for whom an Ombudsman brings an action in accordance with the first paragraph.
Limitation periods, etc.
Section 19
An action in a case for damages in accordance with Sections 6 – 11 and also Section 13 shall be instituted within two years after when the act complained of occurred or an obligation should have at the latest been performed. Otherwise the right to bring proceedings expires.
Section 20
An action that is brought by the Equal Opportunities Ombudsman, the Ombudsman against Ethnic Discrimination, the Ombudsman against discrimination because of Sexual Orientation or the Disability Ombudsman shall be treated as if the action had been brought by the student or by the applicant him or herself.