Reasonable Adjustment Policy for Learning and Assessment

1.1

Swansea University is committed to providing an inclusive learning and teaching environment which enables all students to achieve their highest potential. Fundamental to an inclusive environment is the provision of assessment that is equitable by design within an inclusive curriculum. Forward planning to embed alternative    methods of assessment, alternative formats and other inclusive arrangements into taught programmes, and for PGR students, will ensure Swansea University meets its anticipatory duty under the Equality Act (2010). It is important to note the High Court ruling against Bristol University in 2024, and the subsequent ERHC guidance to the sector, places particular emphasis on the anticipatory duties of HE providers.

This policy sets out the expectations of Swansea University in respect of reasonable adjustments in learning, teaching and assessment for students with disabilities. It applies to all taught and research students and is intended to be used by academic staff, student-facing professional services staff, as well as students.

The University also has a wide range of provision for students with disabilities, including specialist support services in Student Life, academic and pastoral support through Personal Tutors, and general support for their studies by academic staff delivering taught programmes in Faculties. Support for PGR students specifically related to their MPhil and PhD studies is provided through supervision and the PGR Office.

1.2

The policy is supported by the procedures in this document and a number of associated Codes of Practice and operational procedures which are either appended to, or referenced by, this policy including:

• Student Assessment and Progress academic regulations
• Code of Practice for Learning, Teaching and Assessment
• Assessment, Marking and Feedback Policy 
• Training materials available as a canvas course: Reasonable Adjustments for Students (to self enrolment: https://canvas.swansea.ac.uk/enroll/8LTWRD)
• Viva examinations: Guidance for PGR students

1.3

The University has clearly set out its commitment to ensuring that teaching and learning is fully inclusive and accessible to all students in its Learning and Teaching Strategy (2019 – 2024). This policy falls directly within the remit and rationale of Objective 1 of this strategy: “Students will benefit from personalised, flexible and inclusive learning with the support of learning communities.”

2.1

This policy sets out how the University meets its obligations under the Equality Act. It identifies the University’s approach to supporting disabled students and formalises areas of responsibility. The Equality Act 2010 requires staff to take positive steps, known as Reasonable Adjustment(s), to ensure that disabled students can fully participate in their education. Reasonable Adjustments are actions taken to remove barriers faced by students with a disability so that they may participate in education on the same basis as students without disability.

2.2

The purpose of this policy is to ensure that that disabled students are not placed at a substantial disadvantage during teaching and assessment in comparison to students who are not disabled. The University is required to take such steps as it is reasonable to have to take to avoid the disadvantage such as removing barriers to learning and objective assessment. A substantial disadvantage is defined by the Equality Act as one that is more than 'minor or trivial'.

The policy:

• Outlines the legal requirement for reasonable adjustments in learning and assessment at Swansea University.
• Details the formal processes and procedures involved in making reasonable adjustments at Swansea University.
• Explains the roles and responsibilities of those involved in making reasonable adjustments at Swansea University.

3.1

This policy addresses all aspects of support for applicants and students with disabilities at Swansea University. It applies to all students at all levels of study (including Postgraduate Research) in all modes of study at Swansea University in all locations of study leading to University credits or awards, including students studying under partnership arrangements.

3.2

The scope of this policy also extends to those students who become disabled or become aware of their disability during the course of study. Reasonable adjustments are not normally applied retrospectively.

3.3

A student seeking reasonable adjustments may not be known to Wellbeing and Disability Services (WBDS) or have a medical diagnosis or specialist assessment before making a request. The University should consider the impact of a student’s disability and consider any request for reasonable adjustments once a disclosure has been made either through formal or informal channels.

3.4

Where a student does not have a diagnosis of disability, but staff are concerned that the student is struggling or failing to engage, staff should take steps to determine whether a student may have a disability and whether to consider the need to put reasonable adjustments in place. Such steps may include consideration of what the student says about their disability or health condition and how they present when speaking to staff and peers. Patterns of behaviour may also be taken into consideration, for example, poor attendance at lectures, submission of work, general engagement with the degree programme and other activities. Particular consideration should be given to whether specific forms of assessment or types of activity are linked to non-engagement or concerns raised by a student.

3.5

This policy does not apply to students who have short term conditions which do not amount to a disability or long-term individual support need. In such circumstances students should use the University’s Policy on Extenuating Circumstances Affecting Assessment if they cannot meet their assessment deadlines and/or contact relevant Student Support Services if they need support. In cases where the short term condition impacts on in-person or online examinations temporary provisions may be put in place through the Extenuation Circumstances for Exams process (Extenuating Circumstances for Exams - Swansea University).

4.1

The Equality Act 2010 states:

Reasonable adjustments: service providers and people exercising public functions must anticipate the needs of disabled people and make appropriate reasonable adjustments (Equality Act 2010 - Explanatory Notes (legislation.gov.uk) including provisions to reduce the impact of barriers commonly experienced by disabled students. This includes established policies and practices such as the provision of additional time in examinations and physical adjustments such as the provision of accessible accommodation and blue badge parking spaces.

4.2

Disabled student - all students who have a disability as defined by the Equality Act 2010. This may include, but is not limited to, students with mental health conditions, specific learning difficulties, long term health conditions, mobility impairments, sensory impairments and students on the autism spectrum. 

4.3

Under the Equality Act 2010, institutions have a duty to anticipate and make reasonable adjustments for disabled people to ensure they are not placed at a substantial disadvantage compared to non-disabled people. Institutions also have a duty to promote equality between disabled and non-disabled people known as the general duty. The Equality Act 2010 requires all Higher Education providers not to discriminate against disabled students.

For this policy we will use the definition of disability as defined by the Equality Act 2010 in which:

'A person has a disability if they have a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-dayactivities’ (section 6 of Act).'

The Act imposes a responsibility on universities to make ‘reasonable adjustments’ for disabled  students in relation to provision, criterion or practice such as teaching and assessment methods.

4.4

Inclusive approaches are approaches that consider the needs of disabled students as part of the wider student body. Inclusive approaches that meet the needs of disabled students are also likely to meet the needs of other student groups. For example, the use of lecture capture may have benefits also students with responsibilities.

This section outlines the roles and responsibilities of key areas of the University. It does not seek to provide operational detail about these responsibilities.

5.1

University:

a) Maintain a central Wellbeing and Disability Service within Student Life to support students and liaise with Faculties on behalf of students in establishing reasonable adjustments in response to requests.

b) Ensure that the University’s legal obligation under the Equality Act 2010 to anticipate and make reasonable adjustments is met.

c) Maintain academic standards, including those set by Professional Regulatory and Statutory Bodies as proficiency and/or competency standards.

d) Provide appropriate mandatory training to ensure that all staff are aware of their duty under the Equality Act 2010.

e) Provide resources to support staff to feel equipped to have compassionate conversations with students and be able to recognize where ongoing difficulties which may indicate a disability and potential impact on which may impact studies

f) Maintain confidentiality and ensure sensitive information is shared in an appropriate need-to-know manner.

g) Provide a community of practice for professional service and academic staff to share good practice in supporting students with disabilities.

h) Ensure that an appropriate system is available for recording, reporting, and monitoring disabilities and reasonable adjustments.

i)  Work with collaborative partnerships to ensure provision of reasonable adjustments is at the appropriate standard for students studying for Swansea University awards.

5.2

Faculties

The PVC Executive Dean and Director of Strategic Faculty Operations of each Faculty will ensure that:

a) The Academic Disability Coordinator role is undertaken by appropriate members of staff.

b) The staff resource allocated to support students with disabilities is proportionate to the number of students with disabilities and the complexity of individual needs.

c) There is a clear first point of contact for advice and support in the Faculty for students with a disability at the agreed level (discipline, dept or school as appropriate).

d) In the absence of the Academic Disability Coordinator, Programme Directors will respond to queries relating to academic adjustments for students with disabilities.

e) PGR supervisors and PGR Faculty and School role holders will be responsible for coordinating reasonable adjustment requests from PGR students.

f) The Academic Disability Coordinators and other relevant staff will also participate and be part of the community of practice to share information and good practice and be briefed about current national and university initiatives.

g) Communications to staff make clear the requirement to complete mandatory training and other relevant CPD.

5.3

Detailed responsibilities:

Academic Disability Coordinators are academic members of staff responsible for ensuring that relevant academic and administrative staff are aware of the student’s support needs and for coordinating Faculty-based support. They are also responsible for liaising with the Wellbeing and Disability Service as required about the appropriateness of individual reasonable adjustments.

Education Services Team are professional services members of staff responsible for providing administrative support to the Academic Disability Coordinators through the delegation of tasks. Overall responsibility for the function remains with the Academic Disability Coordinator. (See also Guidance on Reasonable Adjustments.)

Academic staff (defined as Lecturer, Senior Lecturer, Associate Professor, Professor) are responsible for determining and implementing  common reasonable adjustments in accordance with this policy.  Academic staff have a duty to inform the Hwb of any reasonable adjustments so that further support and guidance can be offered to the student.

All Teaching Staff are responsible for implementing relevant reasonable adjustments detailed in the student’s proforma. Module Coordinators are responsible for checking which students on the module require reasonable adjustments and ensuring that staff teaching on the module are aware of these students’ requirements. (This information is available via reports on the Online Faculty/School Disability Management System).

PGR Supervisors, Faculty and School PGR leads and PGR Office professional service staff are responsible for determining and implementing any reasonable adjustments in respect of PGR viva voce examinations.

All staff are responsible for undertaking training to ensure that they are aware of their duty under the Equality Act 2010 and feel equipped to have compassionate conversations with students and recognise signs of a disability/ongoing difficulties which may impact studies.

Heads of Academic Units are responsible for ensuring that an Academic Disability Coordinators available within the department and for the health and safety of disabled students. This includes ensuring that a Personal Emergency Evacuation Plan is provided to any disabled student who requires one. Heads of Academic Units are also responsible for ensuring that anticipatory approaches are agreed on an annual basis and that inclusive approaches and reasonable adjustments are in place for assessments organised in taught programmes within their remit, including in-class tests.

Programme Directors are responsible for reviewing the curriculum of their programmes and identifying appropriate inclusive approaches including highlighting any assessment of competency standards that may not be subject to reasonable adjustments due to PSRB requirements. Additionally, they are responsible for ensuring that teaching and learning materials and practices within their department are accessible and meet the identified needs of disabled students. Finally, they are responsible for ensuring that their staff are aware of this policy.

The Director of Estates is responsible for ensuring that the University campus, including all University buildings, is physically accessible and that accessibility equipment and ergonomic furniture is managed effectively. They are also responsible for ensuring that campus services, such as parking and catering, are accessible.

Senior Leadership Team (SLT) are responsible for the University’s strategy with regards to students with disabilities, ensuring compliance with the Equality Act 2010 and regulating the associated resources to fund support for disabled students.

Wellbeing and Disability Services are responsible for maintaining training materials, managing the disclosure process and relevant guidance, and providing recommendations for Reasonable Adjustments for teaching, learning and assessment to the appropriate academic staff member and/or role holder.

Examinations Office are responsible for coordinating and management of examination requirements for in-person examinations.

5.4

Student Responsibilities:

a) Disclose a disability and/or medical condition as early as possible.

b) Register with the appropriate service and to ensure appropriate support is in place as early as possible in the academic year.

c)  Provide the University with up-to-date contact details, keep appointments, arrive on time, and let services know as early as possible if unable to attend.

d)  Share with the University any available information relating to their disability/medical condition e.g medical evidence and/or educational psychologist assessment and/or assessment of need.

e) In the case of PGR students, notifying the supervisor/PGR Office of an requirement for reasonable adjustments for the viva examination at least one month prior to the date of the viva.

f) Inform the University of any changes to circumstances that may affect the level of support required.

g) Access and engage with the recommended support.

h) Take responsibility for managing studies once suitable support has been put in place.

i) Provide feedback on experiences to improve service and practices. (Further information available on Student Charter - Swansea University.)

j) Treat service staff with respect in line with University regulations and codes of conduct.

6.1 Disclosing a Disability

6.1.1

The University has mechanisms in place by which students are able to disclose a disability at any time

throughout their programme of study. Students can access support without medical evidence underpinning a diagnosed disability, however supporting evidence will be encouraged as this will assist the University in determining the most appropriate support.

Students may disclose a disability in a number of different ways. This could include:

• Telling Disability and Wellbeing Services directly, either as an applicant or as after enrolment.
• Telling a member of staff elsewhere in the university (for example, the student’s Personal Tutor, lecturer, PGR supervisor, member of the PGR Office, or staff in The Hwb).
• Sharing information through other academic and non-academic processes (for example, by disclosing needs related to student accommodation or as part of an application for extenuating circumstances).

6.2

The University has a duty to put reasonable adjustments in place no matter how a disability is disclosed. Where possible, students should be referred to the Wellbeing and Disability Services to ensure that the University can make a full assessment of their needs and ensure that appropriate adjustments are recommended. However, the University’s duty to make reasonable adjustments applies in any case when there is knowledge of a student’s disability and is not dependent on a full assessment by Disability and Wellbeing Services.

In urgent and/or serious situations an assessment may be made by an academic member of Staff or Hwb staff(see Appendix B). Where disclosure is made to a member of staff, the staff member is deemed to have received the information on behalf of the University and has a duty of care to report the student’s sharing of a support need or disability to the Wellbeing and Disability Service as soon as possible. University Guidance on reasonable adjustments will be available to all student facing staff (Appendix A). Staff may contact the Wellbeing and Disability Service for further support and guidance.

Adjustments concerning examinations for students on taught programmes should be dealt with in accordance with 7.3.

Adjustments for PGR viva voce examinations should be dealt with by the supervisor and PGR Office.

Where a student requires different, or more complex adjustments, staff should seek advice from Wellbeing and Disability Services.

6.3

Information about the disclosure of a disability will be recorded on the appropriate system (fully compliant with data protection legislation) and sufficient information will be shared between teams within the university to enable reasonable adjustments to be put in place.

6.4

Where a student is struggling or failing to engage, consideration of whether a student has a disability or may require reasonable adjustments may be made as part of an alternative support process (for example, under the Support to Study Procedure - Swansea University).

7.1

All Reasonable Adjustments are determined on a case-by-case basis, based on information/evidence, and judged against UK norms taking into account:

• Whether a student is disadvantaged by existing modes of teaching and assessment;
• How effective proposed adjustments will be in overcoming that disadvantage;
• Whether the proposed adjustments are practical;
• Whether there are any justifiable pedagogic reasons why the adjustments are not reasonable;
• The financial and other costs of making the adjustment and the availability of grants, loans and other assistance to disabled students;
• Health and safety requirements (the Act does not override health and safety requirements);
• Whether there are any alternative adjustments which would have the same effect as the request adjustment.

7.2

Where a student discloses their disability directly to the Wellbeing and Disability Service the Proforma will be devised in consultation and shared with the student. Where the support required is complex, new or unusual, the student’s Faculty and/or School will also be consulted. The Proforma will state what support the student requires, including adjustments to assessment where appropriate.

7.3

Where adjustments are required or an assessment (including in-person examinations,) students should wherever possible request these before the stipulated deadline to give sufficient time for the adjustments to be put in place.

Requests for adjustments to assessments (including in-person exams) made after the deadline cannot be guaranteed and will depend on what is reasonable and practicable to arrange within the time available.

In the case of in-person examinations alternative assessments should be considered in place of additional time where the examination duration, additional time and rest breaks (in total) exceed 4 hours 22 minutes. 

7.4

Reasonable adjustments may vary depending upon the form of teaching, learning or assessment. These are determined on an individual basis, but typical adjustments may include:

• Making notes and lecture slides available in advance.
• Providing resources in alternative formats e.g. large print, on a coloured background, or in Braille.
• An examination paper in an alternative format e.g. Braille or large print.
• An accessible venue
• Use of a small room for assessments
• Extra time to finish assessments
• A reader, scribe, or assistive technology
• Access to a PC
• Consideration for spelling, grammar, and punctuation
• An alternative assessment
• Alternative to group work/presentations
• Reduced assessment
• Attendance considerations
• Support from the University Transcription Centre

(this list is not exhaustive)

A list of common reasonable adjustments will be available to academic staff, as well as Wellbeing and Disability Services. (see Appendix A)

7.5

Once reasonable adjustments are put in place they will normally apply for the duration of the programme.

Proformas may be reviewed in light of new information such as

• Change of diagnosis and/or symptoms;
• Additional diagnosis;
• Coursework/assessment format and activities you may not have initially known about;
• Year abroad/ in industry/placement opportunities.

This list is not exhaustive.

It is the responsibility of the Dept/School and Faculty to ensure that reasonable adjustments are implemented within a reasonable timescale. Collaboration between the Wellbeing and Disability Service, disability coordinators, and academic staff in the discipline will be necessary to determine the precise nature and suitability of the reasonable adjustment. Where it is judged that reasonable adjustments cannot be implemented (for example where the reasonable adjustment would affect the achievement of any competency standard) a timely justification must be put forward and approved at Faculty level prior to the student being notified.

Where the Module Coordinator/Programme Director, student and/or Wellbeing and Disability Services cannot agree on a support plan, the case should be escalated to the Associate Dean Education (or their nominee) who shall consider all of the information and make a determination in the case.

If a student is not satisfied that adjustments recommended are sufficient to address their specific needs or the adjustments are not being implemented, they should contact the Wellbeing and Disability Service to request a further review. Reasonable Adjustments can also be reviewed via Faculty or Hwb staff but this may be limited.

Students may report any adverse effects of their disability on their study or assessment where any adjustments are either not yet in place or are not sufficient, or for any other reason, using the University’s Policy on Extenuating Circumstances Affecting Assessment.

Under the Equality Act (2010), the University is not obliged to make reasonable adjustments in relation to competence standards. Competence standards are academic, medical or clinical proficiencies, or other standards which are required for the programme and are set by external PSRB.

The High Court Judgement in the Bristol case made a clear distinction between a competency standard as set by a PSRB and the method used to assess the achievement of a competency determined by the HEI. The subsequent EHRC guidance highlights that “A specific method of assessment will rarely, if ever, amount to a competence standard in itself.”

A student’s request for reasonable adjustments should not be dismissed on the grounds of competence standards without considering whether there is an alternative method of assessment. Advance HE guidance can be found here.

The key questions for deciding if part of an assessment is a competence standard are:

a) What skill, competence, level of knowledge or ability is being measured?

b) What standards are being applied to decide whether a student has met the required level of that competence or ability?

c) What parts of the assessment are the method by which the student’s ability to meet the standards at (b) is tested.

Rejection of a request for reasonable adjustments on the grounds of competency standards must be agreed at Faculty level.

There is an expectation that where there is no alternative to the method of assessing achievement of competency standards this must be clearly communicated to students in relevant course materials.

Students who remain dissatisfied with their reasonable adjustments after taking the steps outline under 9 and/or 10 may follow the University’s Complaints Procedure.

This is not an exhaustive or automatic list, but recommended adjustments grouped by disability area to be considered with a student based on their individual needs. If a student requires adjustments beyond the scope of this list, they should be referred to the Wellbeing & Disability Service.