The National College of Art and Design (NCAD) has refuted allegations of discrimination towards a female student with Down Syndrome, claiming no dereliction in its duty to provide adequate support after her acceptance into the fine arts degree course. Ellie Dunne (24), a mature student who enrolled last year, accused the college of disability discrimination and failing to provide suitable support.
Her complaint’s initial details were presented at a brief preliminary hearing at the Workplace Relations Commission on Friday morning, centred chiefly on case management issues. Two days will be allocated later in the year to review the dispute’s evidence.
A key point of contention stems from Ms Dunne not passing an optional module while pursuing the level 8 degree course. The college’s legal representation strongly rebuffed any allegations of discrimination towards Ms Dunne or lack of reasonable support.
Rosemary Mallon BL, representing the respondent, mentioned a timing issue concerning Ms Dunne’s complaint that has significant implications on the WRC’s jurisdiction. She argued case law could justify the case dismissed on introductory grounds alone.
Ms Dunne’s barrister, Aisling Mulligan BL, counter-argued her client’s claim was not outside the statutory period. She suggested her side would present verbal and written evidence to address whether the complaint was time-barred.
Mulligan, represented by KOD Lyons Solicitors, noted that there was an on-going mediation process addressing the failed optional module and whether a resit would occur. She added that correspondence and discussions persisted after February’s mediation session.
Regardless of the legal representation that the college had dispatched to the WRC before the hearing, it was acknowledged by the tribunal that the plaintiff hadn’t provided any statement. Ms Mulligan mentioned that she joined the record merely ten days ago, therefore, requiring additional time to get her case sorted and to manage the scheduling conflict.
Breiffni O’Neill, the arbiter, decided to take a short break, following which he communicated to Ms Mulligan that he would consider all the input, however, if she fails on the timing aspect, it would bring an end to the proceedings.
Ms Mallon voiced her clients stand emphatically, rejecting all accusations of prejudices and acts of not providing reasonable adjustments. She contended that the college had a mature set of protocols and assistance for learning, referencing data that accounted 33 per cent of NCAD students with a disability, a figure that she claimed was the highest in any institution. The industry-wide statistic stood at 14 per cent, as revealed by the client.
She further mentioned that her client was eager to rebut the allegations and had the readiness to showcase proof concerning jurisdiction that day. Mr O’Neill, on the other hand, felt it was prudent to postpone given the serious nature of the allegations and the significance of the issue.
The WRC’s scheduling department is set to reschedule the issue, with both parties expressing their availability for a two-day period in the middle of November.