Draft Reasonable Accommodations for Disability Policy

Waipapa Taumata Rau | University of Auckland (University) and all of its members. 

To provide reasonable accommodations for disabled people who are members of the University community - excluding special conditions for tests and examinations.

Note:

• The Special Conditions for Tests and Examinations Policy and Procedures address the provision of special conditions in tests and examinations for disabled students.
• Requirements to provide reasonable accommodations in circumstances other than disability - such as to support the practices of a person’s religious or ethical beliefs - are outside the scope of this policy.

This Policy should be read alongside the University’s Reasonable Accommodations for Disability Procedures.

Reasonable accommodations are necessary and appropriate modifications and adjustments that support disabled people to work and/or study at the University on an equal basis with others, to the extent that is reasonable in the circumstances. Their provision should be based on fair principles and should not result in undue risks, costs, or inconvenience.

Note: More information can be found on the Human Rights Commission’s website under the section Reasonable Accommodation and A-Z guide under reasonable accommodations.

Such modifications and adjustments:

• Aim to ensure that disabled people are not disadvantaged in their work and/or study due to the ways University environments, including its systems, processes, and practices, interact with their disability and impede their participation.
• May result in disabled people being treated differently from people who are not disabled, in order to achieve equitable participation.
• May result in other people being asked to make reasonable modifications and adjustments to the ways they do things.
  

Under the Human Rights Act 1993, failure to provide reasonable accommodations for disabled people can amount to unlawful discrimination.

Note: Examples of accommodations that may support disabled people’s participation include changes to:

• Architecture, structures, spaces and the environment to improve accessibility or assist with sensitivities.
• The way in which information is provided or communicated, to ensure clarity, readability and understandability.
• Behaviours so they promote safety and inclusivity.
• Equipment or technology, so that people are supported to work or study safely and can access the information they need.
• Systems, including policies, practices and procedures, to support disabled people in participating on an equal basis with others to the extent reasonable. For example, adjustments may be required in relation to University travel, work practices, staff professional and career development, employment conditions, teaching/learning/assessment practices, fieldwork and placements.

This is not an exhaustive list of situations where reasonable accommodations could be provided. Rather, it aims to show that adjustments may be required in a wide range of areas.

What will be appropriate, and can be reasonably provided or changed, depends on the circumstances of individual cases - noting that in many instances reasonable accommodations benefit not just the disabled person, but groups of people, if not everyone.

Effectively implementing reasonable accommodations helps improve the University work and study environments, making the University a better place, through:

• Removing or lowering environmental barriers - supporting equitable access, participation and success.
• Creating appropriate options - particularly for those who experience, or have experienced, prejudice, discrimination, intolerance, underrepresentation, and/or exclusion.

Principles underpinning the reasonable accommodations process include:

• A fair and person-centred approach.
• Sound, evidence-based decision-making that takes into account the lived experiences of the disabled person.
• Regular, timely, and clear communications.
• Appropriate consideration of intersectionality. In this context, the diverse characteristics of the disabled person that may also impact their work and study.

Note: Fair does not necessarily mean “the same”. A fair and equitable work and study environment requires recognising differences in individuals’ circumstances, and having different ways of doing things, or options, for different people where reasonable to do so.

1. The University will provide reasonable accommodations to support disabled members of its community to work and/or study at the University on an equal basis with others, to the extent reasonable in the circumstances.

2. Disabled people must not be disadvantaged in University recruitment, work, or study, due to having made a request in line with this policy and, where relevant, the Reasonable Accommodations Procedures.

Considering whether to provide accommodations

3. Reasonable accommodations are to be provided for people with temporary and/or permanent disabilities.

Note: Staff members involved with accommodations decisions should focus on relevant support requirements, rather than the person’s disability.

4. In determining whether to provide accommodations, the circumstances of each individual case must be assessed taking into account:

• What measures may be taken to remove or mitigate barriers being, or likely to be, experienced by the disabled person in their work and/or study.
• Whether such measures can reasonably be procured and/or implemented.

Note: People may have more than one disability, and their requirements can often be fluid and change over time. As such, reasonable accommodations may need to be flexible and regularly updated.

Working collaboratively

5. The disabled person requesting accommodations must be given a reasonable opportunity to be involved in the decision-making process. This includes working collaboratively with them and:

• Individuals and networks that support them, where appropriate.
• Other relevant internal and external parties.

6. The disabled person may be supported by whānau and/or other support people throughout the process.

7. Requests for accommodations are to be responded to in a timely manner. This includes balancing any difficulties in decision-making and implementation with the impact on the disabled person of not having reasonable accommodations.

Personal information

8. In some cases, in order to assess the provision of accommodations, the disabled person requesting accommodations may be asked to:

• Provide personal information, such as medical certification or assessments; and
• Incur the costs associated with providing this personal information.

Note: Personal information might be requested in order to better understand the barriers being experienced, and the accommodations that may be required. The disabled person is encouraged to provide personal information when requested to assist collaboration and good decision-making, but the provision of information does not guarantee that the accommodation can be provided. The University’s Privacy Statements for students and staff have more information on the University’s collection, use and disclosure of personal information.

Decision-making

9. Accommodations must be provided where they:

• Will remove or mitigate barriers being, or likely to be, experienced by the disabled person in their work and/or study; and
• Can reasonably be provided in the circumstances.

10. Matters that may be considered in decision-making include:

• Whether the accommodations are likely to be effective in supporting the disabled person to undertake work and/or study at the University.
• The practicalities associated with providing or implementing the accommodation including physical, digital, technical and operational constraints.
• Financial, time and other resource costs and constraints.
• Any potential hardships, disruptions or risks created by providing the accommodation, and whether these can be mitigated or minimised.
• Health and safety issues, and whether these can be mitigated or minimised.
• Legal and regulatory requirements associated with providing the accommodation.
• Requirements of relevant University statutes, policies, procedures and standards.
• Any potential effect on essential tasks, activities, or inherent requirements of work and/or study.
• The nature, functions and size of the University, including:
  • Available internal and external resources and assistance.
  • Council’s duties to ensure that no one is unfairly discriminated against and that the University operates in a financially responsible way ensuring the efficient use of resources and its long-term viability.

• For accommodations related to study:
  
  • Any potential effects on academic standards, academic integrity, and compliance with programme approval and accreditation requirements.
  • For programmes leading to professional registration or membership, any potential effects on accreditation requirements.

• Whether the accommodation may result in an unfair advantage.

11. Refusals of accommodations requests must be justifiable and evidence based.

Note: In accordance with the Principles in this policy, it is not justifiable to refuse accommodations solely on the basis that they result in disabled people being treated differently from others. In relation to disabled people, fairness often requires different ways of doing things and/or options to be implemented.

12. Decision-makers must explore reasonable alternative(s) if a request for a specific accommodation is refused.

13. Each request for accommodations must be considered according to its specific circumstances. Therefore decisions may vary from those:

• Previously made by the University.
• Recommended or approved by external parties.

14. Decisions on accommodations must be communicated in a clear and transparent form, language, and manner to the disabled person who requested them.

15. The reason(s) for not providing accommodations must be communicated in a clear and transparent form, language, and manner to the disabled person who requested them.

Procurement

16. Many reasonable accommodations will not require financial resources. The University will meet the costs of agreed reasonable accommodations where:

• Financial resources are required; and
• The disabled person has taken all reasonable steps to apply to external organisations for funding for which they may be eligible, but no external funding is provided for the accommodations.

17. Where appropriate:

• Ratonga Hauātanga Tauira | Student Disability Services can provide advice on whether students may be eligible for funding for reasonable accommodations from external organisations.
• HR Diversity, Equity and Inclusion can provide advice on whether staff members may be eligible for funding for reasonable accommodations from external organisations.

18. Staff members procuring reasonable accommodations must follow the University’s Procurement Policy and other relevant financial authorisations and delegated authorities.

Privacy

19. All information relating to accommodations requests and decisions must be held and used in accordance with the requirements of the University’s Disposal Authority and its privacy statement, policy and associated procedures and guidelines.

Concerns and complaints

20. People with concerns and/or complaints are to follow relevant steps set out in the Reasonable Accommodations Procedures.

21. Complaints may also be made to external organisations including:

• the Human Rights Commission, which provides a mediation service where there are concerns about unlawful discrimination or failure to provide a reasonable accommodation
•  the Office of the Ombudsman, which can investigate complaints about decisions where internal complaints processes have been exhausted.

Note: Employees should also refer to the provisions of their employment agreement concerning the resolution of employment relationship problems.

Monitoring and reporting

22. The University will monitor and report on the provision and use of reasonable accommodations, to help measure:

• Whether they are supporting equitable access, participation and success for disabled people at the University.
• Any changes in requirements over time.

Barriers refers to the ways in which the University environment, including its structures, processes and practices, impede participation for a disabled person/people.

Disabled or disability refers to any physical, psychological, cognitive or sensory impairment which, in interaction with social and systemic barriers, restricts a person's full and effective participation in university life on an equal basis with others.

Discrimination is defined by the Human Rights Act 1993 and can occur when a person is treated less favourably than another person, in the same or similar circumstances, because of a prohibited ground such as their sex, colour, religious belief, race, marital status, ethnic or national origins, family status, ethical belief, sexual orientation, political opinion, age, employment status or disability.

Intersectionality refers to the ways in which different aspects of a person's identity can expose them to overlapping and compounding forms of discrimination and marginalisation.

Members of the University are all students, staff members, honorary and adjunct staff, and members of University Council.

Prospective disabled students and staff members are those who may be seeking accommodations for when they commence study and/or work at the University.

Reasonable accommodations are necessary and appropriate modifications and adjustments that support disabled people to work and/or study at the University on an equal basis with others.

Staff member refers to a person employed by the University on a full time or part time basis, including those on a fixed-term, permanent or casual employment agreement.

University means Waipapa Taumata Rau | University of Auckland and includes all subsidiaries.

• Human Rights Act 1993
• Teitei - Vision 2030 and Strategic Plan 2025
• Te Ara Tautika | The Equity Policy

• Addressing bullying, harassment and discrimination policy and procedures
• Campus Rules regarding disability assist dogs on Campus
• Flexible Work Policy and Procedures
  
• Procurement Policy
• Draft Reasonable Accommodations for Disability Procedures
• Recruitment, selection and appointment policy
• Special Conditions for Tests and Examination Policy
• Special Conditions in Test and Examinations Procedures
• Staff with disabilities policy

• Addressing bullying, harassment and discrimination guidelines
• Car parking guidelines – including disability parking
• Inclusive learning and teaching of students with impairments guidelines
• Issues related to students’ disclosure of information on disabilities or impairments staff guidelines
• Staff with disabilities and their managers guidelines
• Students with disabilities disclosure guidelines

• Checklist to ensure fair and equitable recruitment and selection process for staff with disabilities
• Disability Action Plan
• Student Academic Complaints Statute

• Ratonga Hauātanga Tauira | Student Disability Services
• Inclusive Learning
• Te Papa Manaaki | Campus Care
• Student Health and Counselling Service
• Employee Assistance Programme (EAP)
• HR Diversity, Equity and Inclusion
• Faculty/LSRI Associate Dean or Director Equity

Owner: Pro Vice-Chancellor Equity
Content manager: Senior Research and Policy Adviser - Equity
Approved by:
Date approved:
Review date: