Resolved complaint (201) about disability discrimination in education

About the complaint

The complainant has a neurological disability characterised by seizures and other neurological dysfunction. She was enrolled with the respondent university and asked to use headphones during exams to play music in order to avoid seizures. This request was supported by medical evidence. She said the university initially granted her request but later banned the use of headphones during exams. The complainant said the university’s suggestion that she play music over speakers did not properly accommodate her disability.

The university said restrictions on the use of electronic devices capable of Bluetooth/internet connectivity during exams were designed to maintain academic integrity to the highest possible standard. In response to the complainant’s concerns, the university purchased two Bluetooth headsets nominated by the complainant to use during exams to play the playlist developed with her allied health team. To ensure academic integrity is maintained an invigilator would listen to the playlist at the same time.

The complaint was resolved by conciliation with an agreement that the university pay the complainant approximately $700 and allow the complainant to use nominated or approved headphones to play music during any exams conducted during her course.

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