Am I being discriminated against?

mygirllollypop

was wondering if anyone could take a look at this scenario and tell me what they think.

I am trying to get onto a college course at the local college. I started the course last year (September 2011) but had to drop it as my mental health got quite bad, I spoke to my tutor and we agreed that I would postpone for one year (we both have this in writing) and we would meet with a student engagement worker and get me back on the course this year (September 2012).

I have been trying to get hold of my tutor since Febuary 2012. For the first 3 months I left multiple messages with reception for her and answer machine messages on her direct dial number, none of which were ever returned.

I finally managed to get her on the phone in early May and we spoke about how I was doing etc... I told her I wanted to come back this year as we had planned and then all the excuses (in my opinion started coming) ' I've already interviewed for the course & I don't think there is funding for you to come back, I'm worried about your mental health' etc.. Which are all valid at this point.

She then said I could come into the last lot of group interviews on the 19th and she would hold me back at the end to go through it all with her.

I rung on the 19th in the AM and spoke to her, I also had an important psych appointment on that day which was just before needing to be at the college, I'd rung to say I was going to be 10minutes late because of this and was told not to bother coming as she didnt have anymore news to tell me and it was a waste of time, She was still sure that I couldnt get on the course and MIS (don't know what that stands for) might not give funding, I offered to pay for the course myself if that was an option as I had already used funding the previous year, but this again was met with things like "well... It's really expensive, REALLY expensive"


I forgot to say I also rung her inbetween these times and said to her that she didnt sound very happy about me trying to get back on the course, supposedly this is because she doesnt want to get my hopes up etc..

So I went into the college myself, sat down with learner support and told them about the funding problems, They spoke directly to someone from MIS "Oh no its not a problem its a government scheme blah blah blah" So I can get funding no problems for the course.

So I waited for the interviews to finish so I could still speak to her, one of the receptionists told her I was waiting downstairs to see her and she just vanished. I waited for over an hour to speak to her and in the end had to send a handwritten note up to her desk via the receptionist with all the funding details on, the lady I spoke to & her phone number so she could check if needed and asked her to give me a ring, I've still heard nothing back.

Since then I have phoned once a week, sent an email that's been ignored, gone in again to speak to student support who have emailed her and they've been ignored, They have had their manager email her and she's ignored that as well.

I know she is a very busy lady but I never rang or email on the days she teaches her course and how long does it take to reply to an email?

I know writing it out it doesnt necissaraly (spelling sorry!) sound like what she said was anything but it was the way and tone it was said in which I cant really explain over the internet.

So I really don't know, sorry its such a long post but I wanted to get as much in as possible for context. It may just be me feeling like this because of my mental health but it just doesnt sit right with me for her to ignore so much contact and not just from me actually from the college as well. As you can probably tell I really want to get back onto the course!

Although at this point even if I do get onto the course I don't know if she is going to want to teach me!

Thanks

Edit: Just to add before a keyboard warrior comes along, I am not looking to sue the college or make any financial gain or whatever else. I just want my place on the course the tutor knew I was coming back for this year, that is all The tutor doesnt seem to be the type of person who would discriminate against anyone which is why I am feeling so confused but I can't help feeling like she is trying to avoid just saying No she doesnt want me on the course because of my mental health. I would rather (discriminatory or not) she was just honest with me about her concerns rather than just ignoring the issue.

Savvy_Sue

the college must have a complaints system: without knowing what kind of college it is I'm not sure how you'd access it. You could ask Student Support about it: you'd probably have to go through the tutor's head of department first but then to the Registry - which may have a different name!

kurgon

With the information you have provided there does appear to be some grounds for a case of direct discrimination although only your side has been presented. Is there a student union rep you could approach in the first case? or as suggested above look at the complaints procedure? Also if you are not getting any response see if there is a line manager that you can approach to at least start some dialogue. Look for support from any local agencies or mental health workers that you are in onctact with. Ask your consultant to refer you for someone to assist with accessing education (govt priority) if you don't already have access to this.
And good luck.

cherylsurrey

I think some courses are oversubscribed and the tutors are under pressure to pick the people they think have the best chance of passing and not dropping out. Someone did tell me tutors and colleges are under pressure to have a high pass rate, and get more money for this (I could be wrong)

I had a similar problem with a course where it was oversubscribed, I did a 2 years course, then needed to go on to the next course to qualify in that profession. I had perfect attendance, passed all courses and got on with everyone, as well as my tutor backing me to go on. I was not allowed on as I let it slip to the new tutor I was the main earner in my household and she decided that there was no way I could do the course and work, despite the fact that my current tutor did exactly this and qualified, and many people do this. All the people accepted on to the course were not working, and had husbands with good jobs or had money behind them so they didn't have to work, I was the only person on the course to work full time. I feel that I was discriminated against as I know I could have done the work, being self employed I have alot of flexibility.

I was furious, but didnt want to do a course under a tutor with such a terrible attitude.

Have you thought of going elsewhere? I wouldn't want to do a course with a tutor as uncommunicative as this, what would she be like if you got on the course?

mynameistallulah

kurgon wrote: »

With the information you have provided there does appear to be some grounds for a case of direct discrimination

Please point out where the OP has been discriminated against? The tutor has been pretty useless, that is clear, but there is nothing to indicate that it is due to her disability. Perhaps the tutor simply thinks she is not good enough and is trying to let her down gently (albeit in a pretty poor way)?

OP, you should follow the college complaints procedure, but don't start claiming discrimination without any evidence that it is related to your health condition.

Tiddlywinks

Use the college's complaints procedure - as soon as possible as placement decisions are about to be made.

As an aside, are there any other colleges that you could try instead? Would working with this tutor (with so much water under the bridge) make it more difficult for you in the long run?

Might a fresh start somewhere else be better for you?

kurgon

mynameistallulah wrote: »

Please point out where the OP has been discriminated against? The tutor has been pretty useless, that is clear, but there is nothing to indicate that it is due to her disability. Perhaps the tutor simply thinks she is not good enough and is trying to let her down gently (albeit in a pretty poor way)?

OP, you should follow the college complaints procedure, but don't start claiming discrimination without any evidence that it is related to your health condition.

Tutor agreed to postpone for a year.....
I'm worried about your mental health'
What else has changed? As I stated it is only one side of a story but with this information a case for discrimination is possible.

MrsManda

Is it the tutor who is able to make this decision?
I'm sorry if it sounds like a stupid question but it seems that quite often a tutor will say one thing presuming that she is correct without actually having the authority herself to follow through.

Does the agreement you have in writing say that you could definitely come back September 2012 or is there conditions attached such as you having to let the college know by a certain date, have a letter from your doctor/counsellor stating your health has improved sufficiently etc...?
If there are conditions have you complied with them?

Is there a college head you can speak to? If possible I'd try to speak to the head of the course, or if that's the tutor, speak to the head of the college about your problem and if it doesn't get resolved ask about their complaints procedure.

Make sure you keep copies of all your correspondence with the college and make a note of the time, date and content of every telephone call so that you can show you've done all you can to contact them with sufficient notice.

mygirllollypop

Thanks for your input everyone.
the tutor does make all the descisions on who does the course.

my care co-ordinator and psych have agreed to meet the tutor and put her mind at ease, which i said in my email.

We had a lenghty talk about me coming back this year when i left as my life was very unsettled at tge start of the course. The email says *** has withdrawn from the course with a view of postponing for one year when we will meet with a student engagment worker to restart the course.

excuse my spelling i am on my phone..

Its the only college locally that does the course its access to he. i have allcthe qualifications i need to get on the course.

id stick out the arkwardness for a year to get me where i want to be but I am worrying I am not going to get the chance.

I was at college for 3 months with the same tutor so this behaviour towards me now is confusing and very hurtful.

Soapn

when you dropped out of the course last time, were they able to offer the space you had to somebody else?

MightyB_2

From a legal standpoint, and using the info you have given, there has been no discrimination as there is no real evidence that you have been treated differently because of your disability. However, there is evidence that your tutor has been pretty useless and, whether she is busy or not, you have an expectation that your questions should be answered.

Use the college's complaints procedure to at least try to draw this issue to a conclusion.