Draft Reasonable Accommodations for Disability Procedures

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

To implement the University’s Reasonable Accommodations for Disability Policy.

Note: These procedures set out the steps for considering and making decisions on reasonable accommodations for disability in particular circumstances – excluding special conditions and tests and examinations which have separate policy and procedures.

The Reasonable Accommodations for Disability Policy applies to decisions:

• Made under these procedures.
• About accommodations for disabled University members that are not explicitly covered by these procedures. For example, decisions made by travel committees. These types of decisions should comply with the Reasonable Accommodations for Disability Policy and follow the concerns and complaints processes set out in these procedures.

1. If a member is both a staff member and a student, they are to use the procedures that relate to the role that they are requesting reasonable accommodations for.

Note: All staff involved with an accommodations request, from someone who is both a staff member and student, should work collaboratively to:

• Help ensure an efficient, effective, and supportive process for the staff member/student.
• Minimise the number of times the staff member/student has to repeat their request in order to obtain accommodations for their different roles.

Prospective staff members

2. The University will work to ensure that:

• Job advertisements, position descriptions and recruitment information are appropriately accessible.
• Applicants are given the option to request reasonable accommodations in the recruitment and selection process.
• Interview locations are appropriately accessible and/or appropriately accessible online options are provided.

3. Requests for accommodations are to be considered by relevant staff members involved with recruitment, and procured and implemented by them in accordance with the Reasonable Accommodations for Disability Policy and these procedures.

Note: HR Diversity, Equity and Inclusion can provide information and advice on reasonable accommodations, and accessible recruitment and selection processes. Information on accessibility is also provided on the Te Ara Tautika|The Equity Office website.

Current staff members

Initial discussions and information gathering

4. Current staff members seeking reasonable accommodations are to speak to their line manager about the barriers impeding, or likely to impede, their participation in the University work environment.

5. Staff members who are not comfortable speaking to their line manager, or who have queries about the reasonable accommodations process, may request guidance from:

• HR Diversity, Equity and Inclusion.
• An Associate Dean or Director Equity and Diversity, if there is one in their work area.

6. The line manager must explore options for reasonable accommodations that could support the staff member’s work. The staff member is not required to assist with this. However, they may decide to do so.

7. The line manager must obtain consent from the staff member before speaking to others about the staff member’s accommodations request and requirements.

Note: This is particularly important where disclosure may identify the person making the accommodations request. The line manager and staff member should endeavour to agree how to balance confidentiality with the need to have others involved with investigating, agreeing and procuring any reasonable accommodations.

8. The line manager may seek advice from HR Diversity, Equity and Inclusion, who will:

• Provide information on what is reasonable, and accommodations options.
• Liaise with external networks or stakeholders, where appropriate, and give the line manager relevant advice.
• Provide information on any potential external funding sources.

9. The line manager may also seek support from:

• An Associate Dean or Director Equity and Diversity, if there is one in their work area. They can provide general advice on equitable next steps.
• HR Health, Safety and Wellbeing, where health and safety issues may be involved.
• HR Advisory, who can help with consideration of wider workplace issues
• Other staff members that are able to assist with the accommodations request.

Note: Line managers dealing with reasonable accommodations should attend disability confidence training – Disability Confidence 101 - Workday.

Providing personal information

10. Line managers are to contact HR Diversity, Equity and Inclusion when they are considering requesting personal information, such as medical certification or assessments, from a staff member. Personal information must not be sought from the staff member without the approval of HR Diversity, Equity and Inclusion.

11. Where personal information is requested, the staff member may choose to provide it to HR Diversity, Equity and Inclusion or their line manager.

12. If personal information is provided to HR Diversity, Equity and Inclusion, they will advise the line manager how it supports the accommodations request.

Note: HR Diversity, Equity and Inclusion may choose not provide specific details of the personal information to the line manager, such as the person’s diagnosis/diagnoses.

13. Where personal information is supplied by the staff member, it must be considered as part of decision-making on accommodations.

Decision-making

14. Decisions are to be made by the line manager in accordance with the Reasonable Accommodations for Disability Policy.

15. The line manager must record:

• Decisions that are made, and the reasons for these decisions.
• The types of reasonable accommodations implemented, if any.
• How and when reasonable accommodations will be communicated to others, if appropriate. This must be agreed with the staff member.
• The staff member’s view on any reasonable accommodations implemented or refused.
• When the reasonable accommodations will be reviewed, to ensure they are still suitable.
• Any complaints.
• Other relevant information.

Keeping good records

16. All records and evidence, such as personal information, relating to the provision of reasonable accommodations must be:

• Retained and used in accordance with the requirements of the University’s Disposal Authority and its privacy statement, policy and associated procedures and guidelines.
• Transferred to HR Diversity, Equity and Inclusion, for secure storage.
• Deleted or confidentially disposed of by the line manager once they have been transferred to HR Diversity, Equity and Inclusion, and HR Diversity, Equity and Inclusion has confirmed receipt.

Procuring reasonable accommodations

17. Where they incur a cost, reasonable accommodations should be procured in line with the Reasonable Accommodations for Disability Policy.

18. Where appropriate, and within its area of responsibility, HR Diversity, Equity and Inclusion must:

• Procure reasonable accommodations.
• Loan equipment to support reasonable accommodations.

19. The faculty, LSRI or service division of the person making the request must procure reasonable accommodations not provided by HR Diversity, Equity and Inclusion, and where there are no sources of external funding.

Implementation and reviews of reasonable accommodations

20. The line manager is responsible for ensuring appropriate implementation of reasonable accommodations for the staff member.

21. Regular reviews of reasonable accommodations are to be conducted by the line manager and the staff member. These reviews will focus on whether the reasonable accommodations are still appropriate for supporting the staff member’s work, or if they need to be re-assessed.

22. At any time, the staff member may advise the line manager about issues with the reasonable accommodations provided. The line manager must consider changes that may be required, in accordance with the Reasonable Accommodations for Disability Policy and these procedures.

Timeframes

23. All parties involved with the reasonable accommodations process are to act in a timely manner and strive to meet the following timeframes:

Note: The timeframes for considering accommodations may vary depending on issues such as the complexity of the request, and the amount of advice and/or guidance required.

Changes in position or role

24. Where appropriate, and with the disabled person’s consent, reasonable accommodations are to continue supporting a disabled person where they:

• Transfer to another employment position at the University.
•  Cease being a student but retain or commence an employment position at the University.

25. Where a disabled person has changed their position or role at the University, they do not have to request the same reasonable accommodations again, although adjustments may need to be considered.

Current and prospective staff member concerns and complaints

26. Where they are unable to resolve the matter themselves, current or prospective staff members can contact HR Diversity, Equity and Inclusion to raise concerns and/or complain about any aspect of the reasonable accommodations process.

27. HR Diversity, Equity and Inclusion must:

• Work with relevant staff members to try to resolve a matter raised with them.
• Escalate the matter to the Associate Director Diversity, Equity and Inclusion HR to resolve, where there are complex issues and/or it is difficult to find a solution.

28. The Associate Director Diversity, Equity and Inclusion HR will determine whether accommodations are to be provided in cases that are escalated to them by HR Diversity, Equity and Inclusion. Where the Associate Director Diversity, Equity and Inclusion HR has decided that accommodations should be provided, they are to be procured in accordance with these procedures.

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

Students

Initial discussions and information gathering

29. Current or prospective students seeking reasonable accommodations are to speak to either Ratonga Hauātanga Tauira | Student Disability Services or Inclusive Learning for neurodivergent students (each a Student Service) about the barriers impeding, or likely to impede, their participation and study at the University.

30. The Student Service must explore options for reasonable accommodations that may support the current or prospective student’s study.

31. The Student Service may ask for evidence from the current or prospective student to support their request.

32. The Student Service must obtain consent from the current or prospective student before speaking to others about their accommodations request and requirements.

Note: This is particularly important where disclosure could identify the person making the request. The Student Service and the current/prospective student should endeavour to agree how to balance confidentiality with the need to have others involved with investigating, agreeing, and obtaining any reasonable accommodations.

33. The Student Service and relevant academic and professional staff are to collaborate and work together on the accommodations request.

Decision-making

34. Decision makers are to make decisions in accordance with the Reasonable Accommodations for Disability Policy. Decision makers are:

• The Student Service for reasonable accommodations within its area of responsibility; or
• The staff member who would be procuring and/or implementing any agreed reasonable accommodations for the student.

35. For current students, the Student Service must record:

• Their reasonable accommodations recommendations or approvals, and the reasons for these recommendations or approvals.
• The types of reasonable accommodations implemented by the Student Service, if any.
• How and when reasonable accommodations will be communicated to others, if appropriate. This must be agreed with the student.
• When reasonable accommodations will be reviewed to ensure that they are still suitable, if required.
• Any complaints.
• Other relevant information.

Keeping good records

36. All records and evidence, such as personal information, relating to the provision of reasonable accommodations:

• Must be retained and used in accordance with the requirements of the University’s Disposal Authority and its privacy statement, policy and associated procedures and guidelines.
• Must be stored in a secure place by the Student Service.
• Must not be included on the student’s academic record.

Procuring reasonable accommodations

37. Where they incur a cost, reasonable accommodations must be procured in line with the Reasonable Accommodations for Disability Policy.

38. Where appropriate, and within its area of responsibility, the Student Service must:

• Procure reasonable accommodations.
• Loan equipment to support reasonable accommodations.

39. Faculties and LSRIs are to procure reasonable accommodations not provided by a Student Service and where there are no sources of external funding.

Implementation and reviews of reasonable accommodations

40. The decision maker is responsible for ensuring appropriate implementation of reasonable accommodations for the student.

41. Regular reviews of reasonable accommodations may be agreed between the Student Service, or other decision maker, and current students. These reviews will focus on whether the reasonable accommodations are still appropriate for supporting the student’s study, or if they need to be re-assessed.

42. At any time, the student may advise the Student Service or other decision maker about issues with the reasonable accommodations provided. The decision maker must consider changes that may be required, in accordance with the Reasonable Accommodations for Disability Policy and these procedures.

Timeframes

43. All parties involved with the reasonable accommodations process are to act in a timely manner and strive to meet the following timeframes:

Note: The timeframes for considering accommodations may vary depending on issues such as the complexity of the request, and the amount of advice and/or guidance required.

Current and prospective student concerns and complaints

44. Where they are unable to resolve a matter themselves, current or prospective students can contact the Student Service to raise concerns and/or complain about any aspect of the reasonable accommodations process.

45. The Student Service must:

• Work with the student and relevant staff members to try and resolve a matter raised with them.
• Escalate the matter to the manager of the Student Service to resolve, where there are complex issues and/or it is difficult to find a solution.

46. Where they are unable to find a solution, the manager of the Student Service must escalate the matter to the Associate Director Student Engagement and Equity for determination.

47. Students may also use the process under the Student Academic Complaints Statute if their complaint is about a matter within the scope of that statute. For a complaint about a matter which is outside the scope of that statute, students can request a review by the Registrar of a decision under clause 46. The Registrar’s decision on a review application is final.

Note: Sections 1 and 2 of the Student Academic Complaints Statute set out the scope of the statute and students may submit a formal academic complaint under section 9 of that statute if appropriate.

Members who are not current or prospective staff or students

48. Requests for accommodations from members who are not current or prospective staff or students are to be:

• Considered and, where appropriate, procured and implemented by staff members who are their point of contact with the University
• Addressed in accordance with the Reasonable Accommodations for Disability Policy.
  

49. Any complaints should follow the current and prospective staff member concerns and complaints process, set out in these procedures.

Note: HR Diversity, Equity and Inclusion can provide information and advice on reasonable accommodations.

Appropriately accessible depends on the circumstances of each case, and includes consideration of a range of factors, such as resources, timeframes, costs, and available technology.

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

Disabled or disability means 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.

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

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

Role refers to whether someone is studying or working at the University. Undergraduate and postgraduate students are to contact a University Student Service for reasonable accommodations that relate to their study. Staff are to contact their line manager for workplace reasonable accommodations.

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.

Student Service under these Procedures means either Ratonga Hauātanga Tauira | Student Disability Services, or Inclusive Learning.

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

• Human Rights Act 1993
• Taumata 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
• Reasonable Accommodations for Disability Policy
• 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: