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I requested deferral of examinations and my university refused. Is this discrimination?

Gatsby81

Around 18 months ago I started to go through what has been diagnosed as a 'severe depressive episode.' I was suicidal and this has happened previously in my life. Over the last 2 months or so I have become considerably better, but for that period of my life I was really struggling and couldn't focus on much. I spent most of my free time crying and would avoid being in public as I could not control when or where I would start being emotional. I wasn't in a fit state to be able to study at all. Because of this I don't think I could have demonstrated anywhere near my level of ability in an exam. I argued to my university that there was no way I could have completed the exam on a level playing field compared to people who have not had to experience my condition over the last year. I was 'offered' (I'd say 'told about' rather than 'offered') adjustments like extra time, a scribe or a separate room - but I don't see how any of these adjustments can compensate for a lost year of study.

The same course runs in the next academic year to a new cohort of leaner's so I asked to simply be moved to the next year to give myself time to recover and sit the exam at the next opportunity. I say 'simply' - I understand there may be some admin/small costs for this but its not like they are putting on an entire course/exam just for me. The exam will be going ahead in the next window with or without me sitting it. This was refused. The only reasoning I was given is that there is a rule that people have to complete their courses within a prescribed time frame.

I submitted a formal complaint to the university in an attempt to resolve this. They should have replied within 10 days but that was 2 months ago and despite numerous attempts by myself to get a response, I am being ignored.

I would like to know whether people feel that asking to sit the exam in another exam window is a reasonable adjustment or not?

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Comments

Markmywords

You should try to get some independent advice regarding what is and is not possible first. Then you can know if it was within their power to agree to it.

No-one in the public or charitable education sectors accepts criticism as they "don't make mistakes." Your complaint will have gone in the bin.

Even if you could make a good argument that you were temporarily disabled and discriminated against, there are no mechanisms to enforce it at court. The best you could do would be to sue them in civil court.

Liam_Alumni

Hi @Gatsby81,

I'm sorry to hear about the problems you have been having with your university, and that you are still waiting on a response.

Is there a disability centre or Student Support department who may be able to help you? Is there a representative at your university's Students' Union who may be able to offer you some advice and support?

Chloe_Alumni

Hi @Gatsby81, I would contact your student union as well. If your exam was at the start of the academic year then reasonable adjustment would suggest it to be moved to another slot. However, if it goes well into the summer- and past the 'resubmission' phase then the uni cannot move it. This is because you will need to pass modules to get funding for the next year of university. Without, it would unfortunately be deemed that you cannot progress. The only alternative I can suggest is resitting the whole year. Also, do you have a support plan with the uni? It is possible for them to offer reasonable adjustment in the form of something else (so swapping an exam for an assignment). If you have any other questions then please do not hesitate to be in touch!

Sam_Alumni

@melaniethorley can you help at all?

melaniethorley

Hi Gatsby. I cannot add much to this thread as my suggestions have already been provided by other colleagues. Definitely student centre and student union. You might also want to contact Disability Rights UK. It is likely that your university does not accept existing conditions for extenuating circumstances - most universities have this policy.

https://www.disabilityrightsuk.org/

My university is in the process of changing this policy as it is discriminatory for those of us who have fluctuating conditions, including myself

Gatsby81

Hi,

Thank you for the responses and sorry for not replying in a timely manner. I’ll reply to these posts in chronological order.

I will enquire about a disability centre but all my discussions so far have been with student support. Every time I contact them I am told I will hear back within 2-3 days and then I end up phoning them again a week later. I should have had a reply in early July and have been chasing it roughly every week since to no avail. I agree, I am looking in to hiring a solicitor to take the case forward. I know that specific performance is unlikely, but damages that I could use at another university would be an option.

To provide some context, the university in question is the Open University which specialises in part time education. Because of this, you don’t study ‘years’ but rather individual modules instead. To provide a clear timeline of events:

Sep 2016 - I enroll on the 2 modules in question and complete coursework. I am fine at this stage.

Feb 2017 - The event that sparks the depression occurs

June 2017 - I postpone my exams for these two modules. I mention the issues but there is a rule whereby any learner can postpone exams for one year anyway, so it is not an issue. Exams are rescheduled for June 2018.

Sep 2017 - Dec 2017 Issues become more severe

January 2018 - I finally see my doctor who diagnosed me with depression and puts me on a high dose of anti depressants.

February 2018 - I tell my university and ask what possibilities are there for my exams. I am essentially rebuffed but don’t feel capable of challenging this. They were the first people aside from my doctor that I told and the response hurt.

May 2018 - I speak to my university and submit and complaint regarding the first response. I am told that the exams will not be altered. I was offered arrangements mentioned, none of which I think are reasonable adjustments (why would a separate room help me?).

June 2018 - My exams are scheduled, I do not sit them.

June 2018 - I submit an appeal to the first complaint that I am still yet to have a response to.

A couple of points from this.. I have been an OU student for some time and have deferred modules for multiple years (usually due to employment reasons) previously and so I do not think there is a ‘considerable cost’ for this to them. They are not a conventional university and deferring a year simply means being enrolled on a different noodle course (there are no additional lectures or classes available to you if you postpone). Secondly, I don’t think ‘prospects of completion’ are a relevant consideration when making a decision under the equality act. I myself work in education, and we make judgements regarding ‘reasonable adjustments’ based on the health information and not whether or not we think they will pass an exam.

The exam was placed in the summer but again I will reiterate that I have deferred and postponed beforehand at this university for different reasons. It seems arbitrary to me to allow it once or twice only. There is also a resit period the following April (2019 here) for people who sit the exam and fail. In fact, if I had sat the exam and got between 15 and 40% I would have automatically been scheduled for a resit in that period or June 2019 - albeit the final result would have been capped at 40% even if I did well on the second exam. I can’t see a justification as to why someone who scores say 20% deserves another attempt at the exam (albeit capped, but costing exactly the same as one that is not) but I am not? Also regarding funding, I assume the OU has a different funding model compared to a conventional university; but if funding is an issue that could have been mentioned. I am willing to cover additional costs if they are reasonable. In my second complaint I specifically asked them to justify why they thought a resit was not a reasonable adjustment and to provide costings to support their argument.

Lastly, just to point out that as per the timeline, this was not an issue when I registered on the module. My doctor has said that from what we have discussed it sounds as if I have gone through similar issues previously even though undiagnosed but the last occurrence of this prior to Feb 2017 was 2012.

I hope that makes some things clearer. I am starting to get tired of phoning and being told that the person I need to speak to isn’t in or is in a meeting. I’m arguing my case in this message and hope I don’t come across as aggressive but I am really angry with them and feel that looking at court action is they only possibility of a resolution here.

Thank you for all the replies.

Gatsby81

Can you please link me or give me the case name of previous OU cases? That would be good to read.

Regarding the second paragraph, it is very difficult to understand your point. I am well aware of the definition of a RA and in my complaint phrased my argument as:

"My condition has been severe and has been going on for over 12 months. Menial tasks were difficult; and we are discussing studying for 3rd year undergraduate exams. A student who has had a mental illness for the last 12 months is not, can not be, at the same level as a student who is operating 'normally.' However, historically these episodes have lasted 12-18 months and I now feel better, which should enable me to complete an exam on a level playing field at the next earliest opportunity." I have over the last two months come across anecdotal evidence that two students (from UCL and MMU) were allowed to take exams at a later date for similar reasons.

The argument that there is 'literally no guarantee' could be applied to any RA request - Why offer people extra time in an exam if there is 'literally no guarantee' that they will use it? It makes no sense to me and I don't think completion is an element of the EA. The RA is designed to put the candidate on a level playing field in order to be assessed; its to do with the process of assessment and not the outcome. Its perfectly reasonable to fail a candidate who has had extra time, but it isn't reasonable to refuse extra time on the basis that you don't believe a candidate would use it IF they have medical evidence that suggests they have processing disorders and would need extra time to be on a level playing field.

Of course I can see that; however, I would also assume that almost all institutions would claim that regardless of the facts of a case anyway. I submitted the complaint at the end of June and, whilst I accept that right now a complaint from a former student may not be a priority, they have had the slowest two months of the year for HE institutions to deal with this. Additionally, the university has a written policy of replying to complaints within 10 working days. I think that such things could form the basis of a contract and as such they are in breach of that contract. Whilst they may not offer a solution - I did offer to agree to independent arbitration of some kind and had hoped they may take this. When solicitors get involved its going to cost them a lot of money. Of course, it could cost me a lot too; but that is somewhat mitigated given that I would presumably only be progressing with a case if it is assessed to be a strong one. I had hoped it would go to someone with some common sense who would see that is not a good option for either party, however it seems nowadays that large institutions play a game of chicken in the hope that most people don't follow up on their claims...