Does the DDA cover disability harassment of students by other students?
The specific harassment provisions of the DDA in relation to education – sections 37 and 38 – prohibit harassment only by staff. Each of these sections commences with the words “It is unlawful for a person who is a member of the staff of an educational institution to harass …”.The vicarious liability provisions do not alter this position. Rather, they make the employer jointly responsible for the actions of staff unless the employer took “reasonable precautions” and exercised “due diligence”. They do not extend to making an institution responsible for the actions of students.The general non-discrimination provision regarding education – section 22 – also needs to be considered since, on the basis of decisions on sex discrimination legislation, harassment can also be covered under general discrimination provisions.Section 22 is framed only in terms of discrimination by educational authorities, and does not deal directly with harassment by other students. There are, however, a number o
