Expectations of University staff supporting disabled people with reasonable accommodations

Respectful and collaborative engagement

Some people worry that sharing information about their disability could lead to bias, discrimination, negative treatment, lost opportunities, or others making incorrect assumptions. The University recognises and understands this. Guided by Te Ara Tautika, The Equity Policy, the University strives to address discrimination, and be a place where people with disabilities feel valued and respected, and able to confidently share their personal details when requesting accommodations.

All staff are encouraged to attend Disability Confidence Training, the Hidden Disabilities Sunflower Training, and Privacy 101 – An introduction to privacy at the University. These courses are available via Hono. They seek to address barriers that perpetuate disability discrimination, and provide a general overview of how to support inclusion of people with disabilities and protect sensitive information.

The Reasonable Accommodations for Disability Policy, and Reasonable Accommodations for Disability Procedures, include requirements to help ensure appropriate, constructive, and collaborative engagement with people requesting accommodations. They emphasise focusing on mitigating or removing the barriers that they are experiencing, rather than their disability.There are also options for support, and lodging concerns/complaints, if things are not progressing in accordance with these requirements.

Complying with privacy requirements

The Reasonable Accommodations for Disability Policy provides that staff should hold and use information relating to accommodations requests and decisions in accordance with the requirements of the University’s Disposal Authority (staff intranet) and its:

These help ensure fair and responsible use of personal information, in line with the following core principles:

  • Data minimisation – only collecting and retaining personal information that is really needed to meet lawful purposes 
  • Transparency – always being open about the personal information collected and how it is processed
  • Security – taking all reasonable steps to ensure that personal information is protected against loss or unauthorised processing
  • Use limitation – using and sharing personal information only in the ways we say we will, and only where necessary to meet lawful purposes
  • Rights focused – ensuring people can exercise their important privacy rights, including to access and correct their information.

Protecting information

Information relating to a disabled person’s accommodations request and/or reasonable accommodations should only be shared with people who have a legitimate need to know this information to perform duties under the Reasonable Accommodations for Disability Policy and Procedures. For instance, people may need information about an accommodations request to assess, arrange, procure and/or implement reasonable accommodations. It is important to discuss and agree with the disabled person what information to share, how it will be shared, and with whom it will be shared. Disclosure should only:

  • Occur on a need-to-know basis
  • Provide the minimum amount of sensitive information required.

Often, it will not be necessary to disclose identifiable information to implement reasonable accommodations. However, in some cases, reasonable accommodations may not be possible without the disclosure of identifiable information. It is important to involve the person with the disability in this process, and help them to understand what, if any, implications and inability to disclose may have on their application.

Some examples are provided below, describing when it might be ok to share certain information about accommodations. However, disclosure may not be appropriate in every similar situation. The particular circumstances, University privacy requirements, and views of the person with a disability, are key to helping determine whether disclosure is appropriate/required.

Examples

Disclosure to aid implementation

A student with ADHD and anxiety may have accommodations for extended time for assignments and access to a quiet space for presentations. They may agree to share this information for the purposes of undertaking group work, to help ensure:

  • That adequate time is allowed for providing their contributions
  • Adjustments to presentation formats, such as allowing pre-recorded segments
  • A supportive and low-pressure environment during meetings.

The focus should be on helping the group to work inclusively, not the student’s disability or diagnosis.

Disclosure about accommodations without providing identifying information

A staff member may have reasonable accommodations to attend faculty meetings remotely, due to a chronic health condition that affects their mobility and energy levels. Their name and their disability do not need to be shared. The meeting organiser only needs to know that an option for remote attendance is required in order to:

  • Set up hybrid meeting technology
  • Ensure materials are shared digitally in advance
  • Encourage inclusive facilitation practices.

Disclosure for procurement

Disclosure of a person’s disability may be unavoidable in order to procure equipment which supports their participation. However, in some situations, it may not be appropriate to share their name with others before this point in the reasonable accommodations process.

Balancing perspectives

Considering accommodations requests and providing reasonable accommodations generally involves balancing peoples’ different perspectives. It will often be the case that everyone’s requirements can be met.

For instance, a staff member may have a cognitive disability affecting memory and information processing. They request written instructions, advance notice of meetings, and a quiet workspace to reduce distractions. Their line manager would like to ensure the staff member can join and collaborate with the team. The staff member and line manager agree::

  • Tasks will be assigned through a project management tool, Trello, with clear instructions. This benefits the staff member and also the rest of the team.
  • Agendas are sent out three days before meetings, which also benefits the whole team.
  • Collaboration time is scheduled, where the staff member joins the team but they canotherwise work in a quiet zone.

Good practices

  • Follow the Reasonable Accommodations for Disability Policy, Reasonable Accommodations for Disability Procedures, and these guidelines
  • Hold meetings about accommodations in a private space
  • You don’t need to know about the person’s disability. Focus on understanding what supports are required. This might include asking what has helped them in the past and/or what they use in other environments
  • Avoid making assumptions. People experience the same or similar disabilities indifferent ways
  • Ask for help when you are unsure about things – see the list of contacts provided earlier in this document.

Medical and other evidence

Health information, such as medical certification or other assessments, can help the University understand what accommodations will be most beneficial in supporting the person with a disability. The University recognises the costs and time associated with obtaining this information, and will only request it when important for decision-making.

Medical or other evidence may not be required. This is typically the case when:

  • Accommodations are easy and affordable to implement
  • The need for accommodations is self-evident.

However, if medical or other evidence is required, this should be collected directly from the person with the disability, not from third parties such as health practitioners.

Issues that decision-makers should consider

Accommodation options and solutions

Staff involved with decision-making should collaborate with the disabled person to:

  • Identify accommodations options that might support them
  • Secure appropriate reasonable accommodations.

Sometimes, several:

  • Options may need to be assessed
  • Reasonable accommodations may be required.

It is not the disabled person’s responsibility to identify and implement reasonable accommodations, although they will often have helpful views about what works for them. The University must consider and implement what can be provided.

Reasonableness

Accommodations must be provided where it is reasonable to do so. This involves considering all relevant circumstances. In particular, think about how providing various accommodations might affect the matters in the ‘Decision-making’ section of the Reasonable Accommodations for Disability Policy. Thorough and genuine consideration of the various issues is key.

Part of assessing what can reasonably be provided includes looking at the benefits that accommodations may bring – to both the person with a disability and others. Reasonable accommodations may:

  • Benefit the University as a whole by encouraging diversity, providing equitable opportunities, and making it more attractive to a wider range of students and staff
  • Lead to improvements and/or efficiencies in the way things are done
  • Assist other staff members and/or students, now or in the future. For example, meetings where only one person speaks at a time benefit everyone at the meeting, in addition to people with impaired hearing.

In general, accommodations are unlikely to be provided if they:

  • Are personal items that are regularly used both inside and outside of the University – apart from reasonable accommodations for the purpose of working from home
  • Have significant negative effects on the efficiency, productivity, success and competitiveness of the University
  • Incur unreasonably high costs, particularly in relation to the size of the University, available finances, or its financial viability
  • May result in inappropriate detriment to others which cannot be avoided or mitigated
  • Seek to change the essential requirements of work/study
  • Involve maintaining a job which would otherwise be altered or abolished
  • Require the creation of a different job, or promotion or transfer to a different job.

Consider alternatives where a request for specific accommodations is refused. For example, someone with a sensory processing issue may be highly sensitive to noise and visual distractions. They may request a private office to reduce sensory overload. This may not be possible due to space limitations. However alternative accommodations could include:

  • Relocating their desk to a quieter corner of the shared office space
  • Providing noise-cancelling headphones and a desk privacy screen
  • A flexible schedule allowing them to work during quieter hours.

The aim should be to significantly improve their ability to concentrate and manage stress. Collaborating with the staff member can lead to creative, effective solutions. This may be an iterative process. 

It is important to note that:

  • Decisions about accommodations may sometimes vary from previous decisions. This is because:
    • Assessing what is reasonable depends on the context and circumstances at the particular time of the request
    • Circumstances often evolve and change
  • Accommodations that are agreed for one person may sometimes conflict with those of another person. In these cases, the University will work to find the best possible solution for everyone.

Costs

The costs of providing reasonable accommodations will vary, depending on what is required. In many instances no, or only minor, costs will be incurred.

Faculties, LSRIs and service divisions generally fund reasonable accommodations for people with disabilities in their area. SDS and Staff DEI may cover costs in some instances.

Changes to someone’s position or role at the University, or line manager changes

In general, people with disabilities can keep using their agreed reasonable accommodations where they:

  • Transfer to another University employment position
  • Cease being a student but are employed by the University.

In some cases, adjustments may need to be made. These should be considered in line with the Reasonable Accommodations for Disability Policy and Reasonable Accommodations for Disability Procedures.

Staff members who become students can contact SDS for support.

A change in line management should not in itself require reviews or changes being made to agreed reasonable accommodations.