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2019-05-05

The complainant has anxiety and was a student with the respondent university. She advised the faculty granted her an extension to submit an assignment which she sought to accommodate her disability. The complainant alleged that she was subsequently sent a discriminatory email by the subject coordinator. The complainant alleged she was awarded a fail grade for the subject after alleging the subject coordinator’s email was discriminatory. She alleged the subject coordinator’s comments made her feel uncomfortable about seeking exemptions in the future.

The university conceded that the email was not sensitive or courteous, but denied that it was discriminatory. The university advised that the complainant’s grade was awarded before the internal complaint was made and by someone unaware of the circumstances giving rise to the complaint.

The complaint was resolved. The university agreed to work with the complainant to develop a plan setting out her disability-related need for adjustments, pending provision of relevant information about her disability. The university also agreed to change the complainant’s fail grades to withdrawals without academic or financial penalty and to pay the complainant $5,000 as general damages.

 

Year

Discrimination type
Disability Discrimination Act

Grounds
Disability
Unlawful to contravene Disability Standards
Victimisation

Areas
Disability Standards Education

Outcome details

Education - other 

Revised terms and conditions 

Compensation 

Amount
$5,000