Courts

NCAD denies discriminating against student with Down syndrome

Ellie Dunne (24) brought a complaint alleging failure to provide reasonable accommodation, the Workplace Relations Commission heard

Ellie Dunne has made a complaint of discrimination against NCAD where she was a student of fine art on the BA degree programme. Photograph: Nick Bradshaw/The Irish Times
Stephen Bourke
Fri Sept 06 2024 - 13:52

The National College of Art and Design (NCAD) has denied discriminating against a woman with Down syndrome by failing to provide her with reasonable accommodation after she was enrolled on its fine arts degree programme.

Ellie Dunne (24), an artist who joined NCAD’s degree as a mature student last year, has brought a complaint against the institution alleging disability discrimination and failure to provide reasonable accommodation.

Outline details of her claim were heard in the course of a brief preliminary hearing on the complaint at the Workplace Relations Commission on Friday morning, which chiefly addressed case management issues. Two days are to be set aside to hear evidence on the dispute later this year.

The tribunal heard that an element of the dispute relates to Ms Dunne failing an elective assignment during her studies on the level 8 degree course. Lawyers acting for the college said it rejected “in the strongest possible terms” any allegation of discrimination against Ms Dunne or any failure on its part to provide her with reasonable accommodation.

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Rosemary Mallon BL, appearing for the respondent instructed by Paul McDonald of AJP McDonald, said there was a “time issue” with Ms Dunne’s complaint that went “to the heart of the [WRC’s] jurisdiction” and submitted that there was case law to support the matter being dispensed with on preliminary grounds alone.

Ms Dunne’s barrister, Aisling Mulligan BL, said her side would have oral and documentary evidence to present on the question of whether the complaint was statute-barred.

“We say the discrimination is continuous and ongoing simply because we haven’t had resolution in relation to the initial elective assignment which Ms Dunne failed,” Ms Mulligan said.

Ms Mulligan, who was instructed by KOD Lyons Solicitors in the matter, said there was to be a mediation about “a way forward in relation to that elective, whether it was to be re-sat or what” in February this year. Correspondence and meetings had continued after that date, she added.

The tribunal noted that although the college had sent a legal submission to the WRC prior to the hearing, there was no submission from the complainant. Ms Mulligan said she had only come on record 10 days prior and needed more time to prepare her filing and to address the time point.

Following a recess, adjudicator Breiffni O’Neill told Ms Mulligan: “I’ll hear all the evidence, but if I find against you on the time issue, that’s it.”

Ms Mallon said: “I want to say for the purpose of the record: the college rejects in the strongest possible terms any allegation of discrimination; any allegation of failing to provide reasonable accommodation.”

She said the college had a developed set of processes and procedures for learning support – citing statistics which recorded that 33 per cent of NCAD students identified as having a disability – “the largest in any institution”. Across the sector the figure was 14 per cent, counsel submitted.

She added that her client was “anxious to defend” the claim and was prepared to present evidence on the jurisdictional question today. However, Mr O’Neill said he was “minded to adjourn at this stage given the seriousness of these allegations and the importance of this matter”.

The matter has been adjourned pending relisting by the WRC’s scheduling team, with the parties indicating their availability for two days in mid-November.