2018-05-09
The complainant’s five-year-old son has Autism Spectrum Disorder, anxiety, panic attacks and Attention Deficit Hyperactivity Disorder (ADHD). The complainant claimed his son’s school, the respondent private school, treated him less favourably because of behaviour associated with his disability, including by locking him out of the classroom, making him transfer sand from one end of the school to another and suspending him pending provision of medical clearance for him to return. The complainant claimed the school’s conduct aggravated his son’s behaviours. The school ultimately asked him to withdraw his son from the school on the basis that he would be expelled otherwise.
On being advised of the complaint the school indicated a willingness to participate in a conciliation process.
The complaint was resolved with an agreement that the school pay the complainant $12,000 and write to him expressing regret for the events giving rise to the complaint. The school also agreed to publish its policies on its website and to list all training and professional development undertaken by staff in its annual reports.
Year
Discrimination type
Disability Discrimination Act
Grounds
Disability
Unlawful to contravene Disability Standards
Areas
Disability Standards
Education
Compensation
Statement of regret - private
Anti-discrimination/EEO training reviewed/revised
Amount
$12,000