Oscar Davies of the Garden Court Education Law Team acted for the University Student (“A”) in this matter.
In a significant victory, a university Student (“A”) with Asperger’s Syndrome has had their degree grade cap successfully removed, which had been imposed by the University and had restricted their final degree grade. This means that A can now graduate with a higher degree result, expanding his job prospects going into the future.
Background
A had a diagnosis of autism, specifically Asperger’s Syndrome. In 2019, A was studying in the midst of the Covid-19 pandemic and lockdown. Learning had become online only, leading to several changes in his scheduling and routine. In light of his Asperger’s, the changes arising from the Covid-19 pandemic had a significant impact on his ability to study, including: loss of structure of the course having a significant impact; all courses going online; and in-person teaching ceasing.
This led to autistic burnout at the end of his second year. A became extremely overwhelmed, and could not focus, which meant that A missed the extenuating circumstances deadline for coursework.
He was then told that, because of this, his second-year grade had been capped at 40%. He was not informed of any right to appeal at this time and was provided little to no support from the University. The University did not engage proactively in any conversations about having the cap removed, with engagement on this topic being inconstant and sporadic, impacting even further on A’s symptoms.
This cap then triggered A to have severe anxiety and mental paralysis in undertaking his final year modules. A was constantly thinking about the grade cap and could not concentrate on the important final year modules. The effect of the cap remaining meant that A could, at most, only attain a 2:2 grade for his final degree result.
The University had initially said that the cap could not be removed retrospectively. However, it then changed its position (several years later), said that A had the right to appeal and that it could be looked into.
A obtained:
- A psychological report confirming the impact of the University’s actions/inaction/lack of support, in conjunction with the difficulties A faced as an autistic student dealing with the changes in working as a university student during the pandemic.
- A report from his psychotherapist who he had seen seven times during university in relation to his struggles with the University and the impact it was having on him.
Counsel then drafted the grounds of appeal and a pre-action letter for A. The pre-action letter alleged disability discrimination, personal injury and Human Rights Act claims breaching A’s Convention rights.
Result
Following receipt of those documents and the medical reports, the University Degree Examination Board lifted the cap. This means that A can now graduate with a 2:1 rather than a 2:2, significantly opening up his job prospects in the (incredibly competitive) environmental sector.
This result emphasises the importance of holding educational institutions to account for their treatment of disabled students, if they are not given the support they need. This is particularly the case with students who were studying during the pandemic, where effectively, the sand shifted beneath their feet in terms of their attendance in person/remotely, social isolation and support or lack of support from university staff.
Universities must ensure that disabled students are supported in their study and must ensure that greater efforts are made to level the playing field with non-disabled students.
A’s father stated:
“I am very pleased with Oscar’s work on A’s behalf to achieve the desired result – removal of A’s year-two grade cap. They were very helpful in refining the strategy and instrumental in executing it. A is still suffering from autism burnout; however, the desired outcome which Oscar orchestrated is, I believe, the correct result and is a turning point in my son’s road to recovery.”
