Equality and Diversity for Students

Catrin Morgan, Equality & Diversity Manager

Equality Unit

Governance and Compliance Division

Email: morganca5@cardiff.ac.uk, Tel: 02920 87023

An introduction to equality and diversity

Please note:• This is an introduction to some key equality

principles and legal requirements for students• This presentation should take approximately

30 minutes to complete plus a 10 minute quiz• For further information or feedback on equality and

diversity please contact:

Catrin Morgan, Equality and Diversity Manager, Email: morganCA5@cardiff.ac.uk, Tel: 02920 870230

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• If you require a copy of this information in an alternative format, please contact Catrin Morgan: MorganCA5@cardiff.ac.uk, 02920 870230

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Discussion Outline1. Introduction to Equality and Diversity

2. Legal, Moral and Business Cases

3. The Equality Act 2010

4. Cardiff University’s Equality Culture

5. Discrimination

6. Stereotyping and Prejudice

7. Language of Diversity

8. Equality Quiz (10 questions)

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1. Introduction to Equality & Diversity

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What is Equal Opportunities and Diversity?

Equal Opportunities: associated with the elimination of unlawful and unfair discrimination against particular groups. Equality = a state of being equal.

Diversity: based upon the concept of recognizing, respecting and valuing difference.

Equality protects us all… Diversity reflects us all…

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“Equality is not in regarding different things similarly,

equality is in regarding different things differently.”

Tom Robbins

2. Legal, moral and business case for diversity and equality

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Our Culture

Cardiff University aims to: – Develop and promote a culture of equality and

diversity, and dignity, courtesy and respect throughout the University

– Support all students and staff, including provision of relevant support relating to protected characteristics

– Work to prevent forms of unlawful discrimination and deal with all forms of discrimination consistently and effectively

– Ensure that all its equality and diversity policies and guidance influence and inform the culture of the University.

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Why we need equality & diversity• Legal Case:

– The Equality Act 2010 provides protection and rights for people including students and staff in relation to discrimination (less favourable treatment), harassment and victimisation.

– Human rights legislation provides a set of fundamental rights and freedoms that all individuals are entitled to based on core principles including dignity, equality and respect.

– We all have rights and responsibilities in relation to the law on equality.

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Why we need equality & diversity• Business Case:

– Attracting and retaining students and staff– Making full use of people’s talents & learning from

a wide range of knowledge and experience – Improving performance and enabling people to

perform to their full potential

• Ethical Case:– Treating people fairly– Creating an inclusive environment

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“One of the four main purposes of higher education is to play a

major role in shaping a democratic, civilised, inclusive

society.”

Sir Ron Dearing

The National committee of enquiry into higher education, 1997

Who does the law protect?

‘Protected Characteristics’ (PCs)

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Protected CharacteristicsAgeThis refers to a person belonging to a particular age (e.g. 50 year old) or range of ages (e.g. 18 to 30 year old). Age includes treating someone less favourably for reasons relating to their age (whether young or old).

DisabilityA person has a disability if s/he has a physical or mental impairment which has a substantial and long-term adverse effect on that person's ability to carry out normal day-to-day activities. 14

Protected CharacteristicsGender Reassignment The process of transitioning from one gender to another. Gender Identity refers the way an individual identifies with their own gender, e.g. as being either a man or a woman, or in some cases being neither, which can be different from biological sex.

Marriage and Civil PartnershipMarriage is defined as a 'union between a man and a woman'. Same-sex couples can have their relationships legally recognised as 'civil partnerships'.  Civil partners must be treated the same as married couples on a wide range of legal matters. 15

Protected CharacteristicsPregnancy and MaternityPregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period after the birth and legal protection is for 26 weeks after giving birth. This includes treating a woman unfavourably because she is breastfeeding.

RaceRace refers to a group of people defined by their race, colour and nationality (including citizenship) ethnic or national origins.

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Protected CharacteristicsReligion and BeliefReligion has the meaning usually given to it but belief includes religious convictions and beliefs including philosophical belief and lack of belief. Generally, a belief should affect your life choices or the way you live, for it to be included in the definition.

Sex (Gender)A man or a woman. Treating a man or

woman less favourably for reasons relating to their sex.

Sexual OrientationA person's sexual attraction towards their own sex, the opposite sex or more than one sex (e.g. lesbian, gay, bisexual, hetrosexual, etc) 17

“Equality is the soul of liberty; there is, in fact, no liberty

without it.”

Frances Wright

What are some of the benefits for Students?• Not to be disadvantaged or experience negative behaviour for a

reason relating to your protected characteristic

• To study/live in an environment that allows you to ‘be yourself’ and be open about your identity and needs

• To have a more ‘global’ and diverse student experience that will help you to gain a wider range of knowledge and experience

• To better understand people’s needs in relation to subject matter, e.g. medical students understanding the needs of disabled patients, which can later be used in research or employment

• To be better prepared for employment (diversity & equality policies of an employer)

• To understand fairness and inclusivity in University practices

• To understand procedures for addressing harassment / bullying

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Important to note:• The University does not tolerate harassment and bullying

including offensive language

• Freedom of speech and curriculum exemption allows for lawful, legitimate criticism, or debate for academic purposes of issues, ideas and materials. However those exercising freedom of speech must not breach other laws for example relating to harassment and incitement to hatred in the way ideas are delivered.

• Compliance with equality legislation and policies is the responsibility of all students and staff

• Students and staff have a responsibility to act in a manner that does not unlawfully discriminate (see definitions in later slides)

• In order to identify any support requirements, students should discuss their specific needs with the University

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“The point is that living together graciously makes our lives

richer, more secure and happier. Inequality makes life harder,

meaner and nastier.”

Sir Trevor Phillips

3. The Equality Act

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Equality Act 2010• The Equality Act 2010 (the Act) provides a

harmonised approach to equality and diversity (brings all the ‘protected characteristics’ under 1 law)

• The Act has extra ‘General’ and ‘Specific’ duties in place for ‘Public Bodies’ (e.g. universities, hospitals etc) that are extra duties to eliminate discrimination and promote equality for these organisations

Note: not everything is covered under equality law e.g. socio-economic background, ‘fairness’ issues not relating to a protected characteristic etc. 23

• Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act

• Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it, and

• Foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

The ‘General’ Duties

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‘Specific’ Duties (Wales)

We have a number of specific duties in place in

Wales that aim to make sure that we are working

effectively to meet the general duties.

These duties include:

1.Developing and implementing a Strategic Equality Plan and Equality Objectives

2. Engaging with people from different equality groups

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3. Monitoring equality data

4.Looking at the way our policies and procedures impact on different groups

5. Carrying out equal pay audits to ensure equal pay for equal work between men and women

6. Annually report on progress and publishing this information.

‘Specific’ Duties (Wales)

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4. Our Equality Policies & Culture

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Equality Plan, Policies and Guidance

Cardiff’s E&D Policy

• Cardiff University is committed to supporting, developing and promoting equality and diversity in all of its practices and activities, and aims to establish an inclusive culture free from discrimination and based upon the values of dignity, courtesy and respect.

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• The University has developed a Strategic Equality Plan (SEP)

• The plan shows how we will comply with the law and outlines the University’s commitment to Equality and Diversity on the grounds of Age, Gender Reassignment, Marriage & Civil Partnership, Pregnancy & Maternity, Religion or Belief and Sexual Orientation

• Welsh Language was also included in our SEP to show our commitment (the university also has a Welsh Language Scheme for more detailed commitments)

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Strategic Equality Plan

Six Equality ObjectivesOUR CULTURE: A culture based on dignity, courtesy and respect

Objective 1: To embed equality and diversity through training, awareness and communication

Objective 2: To improve the monitoring and disclosure of protected characteristics

OUR STUDENTS & STAFF: An inspiring and enriching educational and working experience for students and staff

Objective 3: To review, develop and implement supportive and inclusive policies, procedures, curriculum and physical environmentObjective 4: To review and address under representation in recruitment, retention and progression/attainment of staff and studentsObjective 5: To review and address equality in staff pay and related structures

OUR COMMUNITIES: Encouraging and supporting community cohesion

Objective 6: To promote external collaboration, widening access and communication, foster good relations and carry out engagement both internally and externally

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The Student Charter • The University introduced its Student Charter in August

2012 and within it outlines the expectations of the University, Students' Union and Students for its dignified and principled community, which links directly to the information and legislation on equality and diversity provided in this package.

• The Charter defines a dignified and principled community as one where equality is promoted, diversity and inclusivity are valued and individuals are respected; behaviour is guided by codes of academic integrity, ethics and good conduct; everyone accepts their responsibilities to each other; and a community that treats the English and Welsh languages on a basis of equality.

The Student CharterAt Cardiff you can expect the University and the Students’ Union to:

- treat you with dignity, courtesy and respect at all times;

- foster and promote equality and diversity, and publish information about our progress every year;

- act promptly and effectively to address complaints of discrimination or harassment;

- be committed to equality for the English and Welsh languages;

- be committed to improving the accessibility of our curriculum, facilities and services, to meet the requirements of all potential users.

The Student CharterThe University and the Students’ Union expect you to:

- behave appropriately, treating fellow students, staff and the local community with dignity, courtesy and respect at all times;

- inform us if your own Cardiff experience is adversely affected by the behaviour of fellow students or staff

- develop your understanding of professionalism and academic integrity at an early stage and apply this throughout your time here and beyond.

The full Student Charter is available here - www.cardiff.ac.uk/studentcharter

Our Roles and Responsibilities

Role of Students and Staff

• To actively encourage non-discriminatory practices and to report any incidences of behaviour that fail to comply with equality policies

• To support the aims of the University’s equality and diversity policies

• To be aware of and undertake (in the case of staff) appropriate equality and diversity training

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Some Facts / Information about Cardiff University

• Some Equality Informationabout Cardiff University’s staff and students can be found on our ‘Facts and Figures’ poster

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5. Discrimination

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“Our lives begin to end the day we become silent about

things that matter.”

Martin Luther King

Types of Discrimination• Direct Discrimination: where someone is treated less

favourably than another person because of their protected characteristic (PC) e.g. refusing to allow a disabled person to attend an open day because of their disability.

• Indirect Discrimination: where a rule or provision is applied to everyone but it disadvantages people with a PC e.g. a University offers free library membership to all spouses but does not extend this to civil partners.

• Indirect discrimination applies unless this can be justified as a proportionate means of achieving a legitimate aim e.g. a requirement for students to perform certain tasks with their arms/face uncovered may be justifiable if there is a genuine health and safety reason, despite this putting some Muslim students at a disadvantage.

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Types of Discrimination• Discrimination by perception: direct

discrimination against someone because the others think they possess a particular PC – e.g. thinks that someone has a particular belief, or

has changed their gender identity – even where this is not true

• Discrimination by Association: direct discrimination against someone because they associate with another person who has a PC – e.g. someone who is related to/cares for a disabled

person or a friend of someone who is gay

Note: Discrimination by perception and association do not apply to the protected characteristics of Pregnancy & Maternity or Marriage & Civil Partnership 40

Types of Discrimination

• Harassment: unwanted conduct (relating to a PC) that violates people’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. This includes behaviour that an individual finds offensive even if the behaviour is not directed at them (see the University’s Dignity at Work and Study Policy)

• Victimisation: treating people less favourably because of action they have taken in connection with discrimination including they have given evidence in a discrimination case.

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Disability – Additional Protection• There is a positive duty under the Equality Act to put in

place all ‘reasonable adjustments’ for disabled people to access employment, education, services etc. This includes removal of physical or other barriers and the provision of additional support where it is needed.

• It is lawful to put reasonable adjustments in place for disabled people even if this results in ‘more favourable’ treatment.

• It is unlawful to treat a disabled person less favourably for a reason linked to his/her disability e.g. An employee with arthritis is dismissed because his/her typing is too slow. This is called ‘discrimination arising from a disability’.Note: The University will not be required to make any ‘reasonable adjustments’ to the application of a competence standard (an academic, medical, or other standard determining whether or not a person has a particular level of competence or ability)

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Positive Action

• It may be lawful to put positive action in place where certain groups are underrepresented in employment or services e.g. setting up an open day aimed at men to encourage more men to study nursing.

• However, positive discrimination is not lawful e.g. offering places to men on the basis of their sex/gender (who are not the best candidates).

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6. Stereotypes & Prejudice

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Stereotypes & Prejudice

• Stereotyping: biased generalisation about a social group – making assumptions or assigning overgeneralised traits to a group

• Prejuduce: "a preconceived notion or idea that is based upon little or no fact"

• We often make assumptions about other people, about their abilities, skills and qualities without knowing much about them

• There is a tendency to see differences as weaknesses.

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What we see:

• Appearance, gender, skin colour, age…

What we don’t see:

• Values / Beliefs

• Experiences / history

• Sexual Orientation

• Religion / Faith

• Non-visible disabilities …

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Dangers of Stereotyping• Reinforces prejudices and negative

perceptions of certain groups

• It can lead to exclusion and/or discrimination

• Making assumptions about an individual's needs can result in a failure to address peoples needs appropriately and effectively.

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“All the people like us

are We and everyone

else is They.”

Rudyard Kipling, 1865-1936

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1. Question your own pre-judgements, norms, habits and interaction with others

2. Commit yourself to open-mindedness and respect towards "others"

3. Never tolerate discrimination, exclusion, condescension or other biased behaviour

4. Do not treat people as you would like to be treated but rather as they want to be treated

5. Develop personal values to combat stereotyping and tackle discrimination in learning.

Ways to avoid stereotyping

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• Negative attitudes• Lack of understanding • Poor (and inappropriate) ways of giving

information/ poor communication• No consultation processes• Lack of opportunities in study and work• Poor physical access • Poor study environment

Examples of Barriers to Inclusion

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“I believe each human being has the potential to change, to

transform one’s own attitude, no matter how difficult

the situation.”

Dalai Lama

7. Language of Diversity

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• Diversity is about acknowledging, exploring, understanding, respecting and drawing strength from difference.

• Occasionally getting the language wrong is more forgivable to all parties than a ‘head-in-the-sand’ approach e.g. not speaking to someone about their disability support requirements because you are not sure about the terminology to use

Language of Diversity

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• Use language that refers to diversity in a positive way. Language not only reflects attitudes but also helps to define them.

• We should use words, phrases and images that do not reinforce offensive or discriminatory attitudes and avoid terms that belittle, ignore or insult individuals or groups.

• Preferred language changes over time – it’s good to keep in touch with up-to-date usage and avoid using terms which might give offence.

• The Glossary (Appendix G) of the University’s Strategic Equality Plan provides a list of current terminology used when talking about equality. and there is useful guidance at: open.ac.uk/equality-diversity/pics/d101215.pdf

Language of Diversity

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Equality does matter…..

Consider what equality means to you;

Treat everyone with Fairness and aim tobe non-judgemental and respectful;

Work together, share ownership and responsibility for implementing equality.

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8. Equality Quiz

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Keep count of the questions you get right

Question 1

“Equal Opportunities” is about treating everyone the same?

A: True

B: False

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Question 1

“Equal Opportunities” is about treating everyone the same?

A: True B: False

Equal Opportunities is about treating everyone according to their specific needs and requirements. For example some disabled students will require ‘reasonable adjustments’ to provide equal access (a ‘level playing field’).

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Question 2

How many protected characteristics are there?

A: 12

B: 9

C: 6

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Question 2

How many protected characteristics are there?

A: 12B: 9C: 6

There are 9 protected characteristics. They are: age, disability, gender reassignment, marriage & civil partnership, pregnancy & maternity, race, religion & belief, sex, sexual orientation.

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Question 3

A student feels they need additional time to complete their exams because of their disability are they entitled to this?

A: They are not entitled to this as this would not be fair for other students

B: They should ask for this (via Disability andDyslexia Service) as a ‘reasonable

adjustment’

C: They shouldn’t tell the University that they aredisabled

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Question 3

A student feels they need additional time to complete their exams because of their disability are they entitled to this?

B: They should ask for this (via Disability andDyslexia Service) as a ‘reasonableadjustment’

Students can ask for reasonable adjustments to meet their needs in relation to disability. This may include additional time in exams.

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Question 4

A student has changed their gender identity from male to female and would like to use the women’s toilets. Are they entitled to do this?

A: No – they must use the male toilets

B: No – they should use the accessible (‘disabled’) toilet

C: Yes – they can use the women’s toilets

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Question 4

A student has changed their gender identity from male to female and would like to use the women’s toilets. Are they entitled to do this?

C: Yes – they can use the women’s toilets

From the time they present as a woman (e.g. dress like a woman, refer to themselves as female etc) a student can use the women’s toilets, changing rooms etc. Students don’t have to undergo medical procedures (e.g. operations, hormone treatments) to be recognised in their new gender. Only disabled students should use the accessible ‘disabled’ toilets and non-disabled people should not be instructed to use these as gender neutral toilets.

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Question 5

A student feels that they are being ‘bullied’ by another student via social media sites. Can they ask the University to take any action?

A: No, this is an external matter

B: Yes, this would come under the University’sDignity at Work and Study policy

C: Yes, but only if it relates to a protected characteristic

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Question 5

A student feels that they are being ‘bullied’ by another student via social media sites. Can they ask the University to take any actionB: Yes, this would come under the University’s Dignity at Work and Study PolicyThe University’s Dignity at Work and Study Policy applies to all behaviour that could amount to harassment and bullying. If the behaviour is in relation to a protected characteristic e.g. using sexist or racist language this may be ‘harassment’ . However, ‘Bullying’ does not have to be in relation to a PC. If the behaviour amounts to a criminal offence e.g. ‘stalking’ this may also be addressed externally.

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Question 6

What is our Strategic Equality Plan for?

A: A document that outlines the University’s commitment to equality and Diversity and to

the Equality Act 2010

B: An aspirational document that is not required under any legislation

C: A document about treating some groups more

favourably

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Question 6

What is our Strategic Equality Plan for?

A: A document that outlines the University’scommitment to equality and Diversity and to the Equality Act 2010

B: An aspirational document that is not required under any legislation

C: A document about treating some groups more

favourably

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Question 7

A student keeps using the term ‘that’s so gay’ meaning ‘that’s so stupid’. When he is confronted about this he says it’s only a joke and he is not homophobic. Is this acceptable?

A: Yes – it is only used as a joke

B: No – this could be perceived as a form of harassment/bullying

C: It is only harassment/bullying if the personcomplaining is gay

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Question 7

A student keeps using the term ‘that’s so gay’ meaning ‘that’s so stupid’. When he is confronted about this he says it’s only a joke and he is not homophobic. Is this acceptable?

B: No – this could be perceived as a form of harassment/bullying

For someone to make a complaint of harassment it is the effect of the behaviour and not the intention of the perpetrator that is important. Harassment is behaviour that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.

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Question 8

Engineering want to encourage more women to study with them as women are underrepresented on the courses. What can they do?

A: Have a positive action campaign including targeting open day sessions for women,

holding workshops for girls at schools (widening

access)B: Nothing - they would have to treat men and

women equallyC: Offer places to all women that apply regardless

of their entry qualifications 71

Question 8

Engineering want to encourage more women to study with them as women are underrepresented on the courses. What can they do?A: Have a positive action campaign including

targeting open day sessions for women, holding workshops for girls at schools (widening access)

A positive action campaign in this situation is likely to be justifiable as there is underrepresentation of women studying engineering. Offering places regardless of qualification however is unlikely to be considered as a ‘proportionate means of achieving a legitimate aim’ and will be discriminatory for men.

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Question 9

A student complains that all of their lectures are held in the evening when it is difficult to arrange childcare. The information available when applying for the course had not advertised the course as having evening lectures. Can anything be done about this?

A: No – the student has to make an effort to attend all

lecturesB: Yes – the student should discuss their needs with

the University and where reasonably practicable the University should look to offer an alternative

C: Yes – the student has a right to have the time changed as this would be sex discrimination

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Question 9

A student complains that all of their lectures are held in the evening when it is difficult to arrange childcare. The information available when applying for the course had not advertised the course as having evening lectures. Can anything be done about this?

B: Yes - The student should discuss their needs with the University (via their personal tutor) and where reasonably practicable the University should look to offer an alternative The practice of holding all lectures in the evening may be indirect discrimination if this cannot be justified as proportionate and legitimate. The University should consider offering alternative times if this is possible. (Note: the legal requirement to implement ‘reasonable adjustments’ only applies to disability and is a stronger requirement than considering alternative arrangements for other groups)

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Question 10

A student attending social activities complains that the activities are all based around alcohol and this is problematic for their religious belief. What can they do?

A: They should talk to the Students’ Union (or organiser of the activity) to discuss their concerns

B: They should refrain from attending these activities and socialise with students with similar beliefs

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Question 10

A student attending social activities complains that the activities are all based around alcohol and this is problematic for their religious belief. What can they do?

A: They should talk to the Students’ Union (or organiser of the activity) to discuss their concerns The University and Students’ Union have a duty not to discriminate directly or indirectly, to consider the needs of students and to promoting good relations between students with different protected characteristics. Activities should not indirectly exclude certain groups from participating and a range of activities including some alcohol-free activities should be provided.

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How did you do…..

If you answered less than 6 questions correctly you may want to re-read the slides to ensure that you have understood the information provided or contact the Equality Unit for clarification of any information included in the slides

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For more information or feedback on this module, please contact Catrin Morgan: MorganCA5@cardiff.ac.uk, Tel: 02920 8 70230

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