Disclosure
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It is important that tutors know what to do if a student makes a disclosure of disability, and that they are aware of their legal responsibilities. The DDA makes it clear that if a student discloses that they are disabled to a member of staff in an institution, and does not say that it is in confidence, then the institution is ‘deemed to know’. From that point on, the institution has a duty to consider what reasonable adjustments the student might require.
Many institutions now have a form for tutors to complete if a student discloses disability to them, and a set procedure to follow.
This is an example of an OU tutor's disclosure form (PDF, 34kb).
It’s not absolutely essential to have a face-to-face meeting (the student may prefer e-mail, fax or telephone), but a meeting may encourage the sort of dialogue that will produce the best outcomes for you and the student. It should be informal but structured: you should keep notes about your discussions and what has been agreed. Look at the tutor's checklist for advice on how to prepare for and conduct a disclosure meeting.
Conversations with students on sensitive or personal matters should be conducted in a private place. This is important for all students. Many students with specific learning difficulties do not wish to be seen as being disabled but rather as learning in a different way, and students with mental health difficulties may not want others to know about their condition.
Does the student want you to facilitate disclosure of disability to the institution?
The student may simply want to talk to you about how to disclose their disability to the institution. Make sure you know what the procedures are so that you can advise the student appropriately. Be clear about whether the student is going to initiate this process or they want you to do it on their behalf. Make notes about your discussions and, if your institution has one, ask them to sign the tutor’s disclosure form to this effect.
Is the disclosure made in confidence?
If the student says that the disclosure is made in confidence to you and does not want the information passed on then you should explain the implications of this request to them. You will be able to make appropriate modifications to your own teaching, but anything that requires institutional action, such as modifications to central examination arrangements, may be difficult in these circumstances. You can explain that if they decide to disclose their disability to the institution then a more coordinated and efficient response is possible.
Familiarise yourself with the confidentiality policy for disabled students so you can explain how your institution deals with information about disability.
In order to protect yourself, you are advised to make a record of the conversation with the student and keep it in a secure and private place. Some institutions have established systems of keeping notes of such a conversations in sealed envelopes in a central file.
Confidentiality and disclosure policy
Your institution almost certainly has a policy relating to the confidentiality and disclosure of information relating to disability. Such a policy would cover how confidential information should be dealt with and shared by staff. It should also include guidance on what you should do if a student discloses information to you about a disability or illness and requests your confidentiality, as described above. Your institution may also have a form for the student to sign to say that they do not want their disability to be disclosed to anyone else – you should make sure you know about the procedures to follow.
The DDA makes it clear that both you and your institution have responsibilities in relation to disclosure, confidentiality and the passing on of sensitive information relating to disability.
You should also remember that there is a duty of care, and a requirement under the Data Protection Act about the handling of sensitive personal information.
