Post 16 - Exclusion from College or University
Exclusion is when a student is told they can no longer attend college or university:
- for a fixed period of time, for example two weeks (also known as suspension)
- permanently - this means they cannot return (also known as expulsion).
If this happens, you have certain rights. These rights come from a law called the Equality Act 2010. It makes sure that all people in Great Britain are treated fairly, especially those who are sometimes treated unfairly (often called discrimination).
This includes people who may need extra help to get the same chances, such as people who have a disability.
What does the law say about disability?
The law says someone has a disability if they have a physical or mental impairment which has a long term and substantial adverse effect on their ability to carry out normal day-to-day activities.
'Mental impairments' include autism, even though you may not like to be known as disabled.
You do not necessarily need a diagnosis of autism to be considered disabled under the law. If you would like to know more about the meaning of disability you can read:
- Disability: Equality Act 2010 - Guidance on matters to be taken into account in determining questions relating to the definition of disability
- What equality law means for you as a student in Further or Higher education, and/or
- The Equality Act, making equality real. Easy Read Document
What parts of my education are covered by the law?
If you're disabled, the law says your college or university must do things to make sure you're not discriminated against. These are called 'duties' and apply to every part of your education, including:
- admissions
- exclusions
- teaching methods
- assessments and exams
- facilities, including lecture halls, libraries and IT
- leisure, recreation, entertainment and sports facilities
- physical environment
- disciplinary procedures.
What is discrimination?
The law says that discrimination can happen in different ways. It can be helpful to know about these so you can consider whether you've been discriminated against and to help you discuss it with your college or university. You may be discriminated against in more than one way. If you're excluded from college or university, the law says this may be:
- direct disability discrimination
- indirect disability discrimination
- discrimination arising from disability
- a failure to make reasonable adjustments
- harassment and victimisation.
We'll now look at each of those, one by one, in a bit more detail.
Direct disability discrimination
Direct disability discrimination is when you're treated less fairly than other students as a result of your condition or disability.
Example:
If a college or university excludes a student or refuses to allow them to take a course because they're autistic, this would be direct disability discrimination.
The law says that your college or university can treat you more favourably than other, non-disabled students.
Example:
Indirect disability discrimination
Indirect disability discrimination is when you, or other disabled students, are treated unfairly because of the way your college or university applies a policy or practice. For example, when an exclusions policy is applied in the same way to all students. This is sometimes called a 'blanket' or 'zero-tolerance' policy.
Example:
If your college or university has a policy that if a student breaks the rules three times, they're automatically excluded from their course, this could be indirect disability discrimination. This is because they need to consider that an autistic student may break rules without realising it, or because they're anxious or stressed if their needs aren't being met.
Discrimination arising from disability
Example:
A failure to make reasonable adjustments
Reasonable adjustments are changes that your college or university must make so that you can fully benefit from your education and enjoy the other facilities the college or university offers.
The law says that your college or university must make these changes. If they don't, they may be discriminating against you. The changes can be made to any part of your education. These include:
- The way your college or university operates on a daily basis, including any decisions and actions they take. An example would be an exclusion or discipline policy. The law calls these provisions, criteria and practices.
- The physical features of your college or university, such as entrances and exits, toilets, lighting, flooring and furniture.
- Any equipment or support from a member of staff that may help your studies. The law calls these auxiliary aids and services.
Your college or university must not ask you to pay for these.
The law says that your college or university can make changes to help you with your exams, such as giving you extra time, help with writing or a separate room to take your exam.
They cannot change the exam itself or lower the pass mark as this is how they test a student's ability. This is called a competence standard. If you would like to know more about the help you can get when preparing for and sitting exams or assessments, please read our exam guidance.
When thinking about what changes can be made for you, your college or university should consider:
- are you falling behind with your education or missing out on education?
- could this be avoided with help, such as equipment or a member of staff?
- is it reasonable to make these changes?
The law doesn't say what is and isn't reasonable, but when making the decision they must take into account your needs, their resources, health and safety, and costs. You can read more about the reasonable adjustments that can be made for disabled students from Disability Rights UK, a charity that helps disabled people with their rights.
Harassment and victimisation
According to the law:
- harassment is behaviour that can be offensive and could be bullying
- victimisation is when someone is treated unfairly because they've made, or are believed to have made (or helped with), a complaint under the Equality Act.
The law says that a college or university cannot treat a student unfairly if they think the student has made a complaint about discrimination. The student's parent, or anyone else who the college or university thinks may have helped with the complaint, must also not be treated unfairly.
The Equality Advisory and Support Service has a helpline that advises and assists individuals on issues relating to equality and human rights.
Useful reading
Read our information on Disability discrimination in further and higher education
The Equality Act, making equality real. Easy Read Document. Government Equalities Office.
What equality law means for you as a student in Further or Higher education, 2014. Equality and Human Rights Commission.
Equality Act 2010 Technical Guidance on Further and Higher Education, 2014. Equality and Human Rights Commission.
This resource was produced by The National Autistic Society for the Autism Education Trust with funding from the Department for Education.
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