2019-07-05
The complainant is 15 years of age and attended the respondent private high school. The complainant has down syndrome, hypothyroidism, anxiety, scoliosis, verbal dyspraxia and sensory processing difficulties. Her psychologist said her disability manifested as a habit of spitting when frustrated, embarrassed or annoyed. The complainant claimed she was not provided reasonable adjustments in accordance with her Independent Education Plan and that her enrolment was ended after a number of occasions when she spat on teachers and students.
The school confirmed it ended the complainant’s enrolment because of her spitting behaviour, which was considered to be deliberate and not a manifestation of her disability. The school said the behaviour was causing ongoing distress to teachers and other students and impacting negatively on student and staff wellbeing.
The complaint was resolved with an agreement that the school pay the complainant $50,000.
Year
Discrimination type
Disability Discrimination Act
Grounds
Disability
Unlawful to contravene Disability Standards
Areas
Disability Standards
Education
Compensation
Amount
$50,000