Equality and Diversity for Student Representatives

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Equality and Diversity for Student
Representatives
An introduction to equality and diversity

• Catrin Morgan, Equality Diversity Manager
• Equality Unit
• Governance and Compliance Division
• Email morganca5_at_cardiff.ac.uk, Tel [phone]

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Please note

• This is an introduction to some key equality
  principles and legal requirements for student
  representatives
• 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_at_cardiff.ac.uk, Tel [phone]
  

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• If you require a copy of this information in an
  alternative format, please contact Catrin Morgan
  MorganCA5_at_cardiff.ac.uk, 02920 870230

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Discussion Outline

• Introduction to Equality and Diversity
• Legal, Moral and Business Cases
• The Equality Act 2010
• Cardiff Universitys Equality Culture
• Discrimination
• Stereotyping and Prejudice
• Language of Diversity
• Your Role in Supporting Equality and Diversity
• Equality Quiz (10 questions)

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• 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 American
Novelist
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• 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 peoples 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

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• Who does the law protect?
• Protected Characteristics (PCs)

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Protected Characteristics
Age This 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).
Disability A 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.
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Protected Characteristics
Gender 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 Partnership Marriage 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.
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Protected Characteristics
Pregnancy and Maternity Pregnancy 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.
Race Race refers to a group of people defined by
their race, colour and nationality (including
citizenship) ethnic or national origins.
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Protected Characteristics
Religion and Belief Religion 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 Orientation A person's sexual attraction
towards their own sex, the opposite sex or more
than one sex (e.g. lesbian, gay, bisexual,
hetrosexual, etc)
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Equality is the soul of liberty there is, in
fact, no liberty without it. Frances
WrightScottish Writer
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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 peoples 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 Chair of the
Equality and Human Rights Commission (EHRC)
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• 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.

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The General Duties

• 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.

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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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Specific Duties (Wales)

• 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.

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• 4. Our Equality Policies Culture

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Equality Plan, Policies and Guidance
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Cardiffs ED 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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Strategic Equality Plan

• The University has developed a Strategic Equality
  Plan (SEP)
• The plan shows how we will comply with the law
  and outlines the Universitys 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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Six Equality Objectives
OUR 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
environment Objective 4 To review and address
under representation in recruitment, retention
and progression/attainment of
staff and students Objective 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.

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The Student Charter

• At 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.

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The Student Charter

• The 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

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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 Universitys 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
  Universitys 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
American clergyman, activist, and prominent
leader in the African-American Civil Rights
Movement
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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

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Types of Discrimination

• Harassment unwanted conduct (relating to a PC)
  that violates peoples 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
  Universitys 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 dont 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 English
Writer/Poet
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Ways to avoid stereotyping

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.

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Examples of Barriers to Inclusion

• 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

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I believe each human being has the potential to
change, to transform ones own attitude, no
matter how difficult the situation.Dalai
LamaTibetan Buddhist
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• 7. Language of Diversity

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Language of Diversity

• 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

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Language of Diversity

• 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 its good
  to keep in touch with up-to-date usage and avoid
  using terms which might give offence.
• The Glossary (Appendix G) of the Universitys
  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

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• 8. Your role in Supporting ED

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Supporting ED

• Student Representatives What can YOU do
• Speak to students about the support they need and
  the services / activities / facilities they would
  like
• Understand any barriers to inclusivity and
  consult on resolving them
• Engage with the University on equality matters
  the Equality Unit will often ask for student
  input into policies, questionnaires, events, etc
• Attend any training on equality available this
  will help you to understand the needs of diverse
  groups
• Familiarise yourself with relevant sources of
  help and advice e.g. student support, disability
  dyslexia service, equality unit, students union
  etc.

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Equality does matter..
Consider what equality means to you Treat
everyone with Fairness and aim to be
non-judgemental and respectful Work together,
share ownership and responsibility for
implementing equality.
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• 9. Equality Quiz

Keep count of the questions you get right
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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 12
• B 9
• C 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.
  How would you advise them?
• A They are not entitled to this as this would
  not be fair for other students
• B They should ask for this (via Disability
  and Dyslexia Service) as a reasonable
  adjustment
• C They shouldnt tell the University that they
  are disabled

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Question 3
A student feels they need additional time to
complete their exams because of their disability.
How would you advise them? B They should ask
for this (via Disability and Dyslexia Service)
as a reasonable adjustment 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 womens
  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 womens toilets

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Question 4

• A student has changed their gender identity from
  male to female and would like to use the womens
  toilets. Are they entitled to do this?
• C Yes they can use the womens 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 womens toilets,
  changing rooms etc. Students dont 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 tells you 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
  Universitys Dignity at Work and Study policy
• C Yes, but only if it relates to a protected
  characteristic

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Question 5

• A student tells you that they are being
  bullied by another student via social media
  sites. Can they ask the University to take any
  action
• B Yes, this would come under the Universitys
  Dignity at Work and Study Policy
• The Universitys 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 Universitys
  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
  Universitys 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 7

• A student keeps using the term thats so gay
  meaning thats so stupid. When he is confronted
  about this he says its 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
  person complaining is gay

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Question 7

• A student keeps using the term thats so gay
  meaning thats so stupid. When he is confronted
  about this he says its 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 persons
  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 equally
• C Offer places to all women that apply
  regardless of their entry qualifications

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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)
• 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 lectures
• B 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_at_cardiff.ac
  .uk, Tel [phone]

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