Accessibility at MLS

8/8/2017

Vol 12, Issue 3

RUBY BELL

Melbourne Law School is ranked as the best law school in the Asia Pacific, and markets itself as a vibrant leader and innovator in legal scholarship. Current and prospective students are told that a Juris Doctor degree will be recognised as exceptional both in Australia and overseas, and as such be the foundation for a successful career. On social media, MLS promotes itself via campaigns such as #HumansOfMelbourneLawSchool, which attempt to highlight the diversity of the students and staff. However, it remains that MLS is not equally accessible to all. This is not due to the nature of admissions or the degree itself, but instead a failure on behalf of MLS to adequately accommodate students with disabilities.

Disability is generally understood in two ways in modern academic discourse. The medical model tells us that a person’s disability is created by his or her impairment or capacity. For example, under the medical model, we might say a person is a paraplegic and is therefore disabled. This is the prominent understanding of disability in mainstream, able bodied culture. On the other hand, there is the social model of disability. This tells us that disability is not created by a person’s impairment or capacity, but by society not making accommodations for that person. Under the social model, my previous example of the paraplegic would not be disabled because he or she can’t walk, but because society is organised in a way that is not accessible for people in wheelchairs. The social model of disability distinguishes between a person’s impairment, i.e. the medical condition, and the disability, i.e. the disadvantages faced by that person because of his or her medical condition. This is an important distinction because under the medical model, not much can be done about disability. However, under the social model, society can be re-organised in a way to accommodate those who are currently excluded.

The law library has three floors, and yet only one is accessible by lift. To get to levels four or five, a person must get off the lift at level three and climb the stairs. Frustratingly, the Moot Court and kitchen area of level five can be accessed via the lift, but not the library. The lift to levels four and five is fully functional -- indeed, it goes all the way up to level nine -- yet for reasons unknown it is blocked off from accessing levels four and five. This means that two levels of the library are not accessible for students who use wheelchairs or have other issues with mobility. In writing this, I have asked myself if perhaps there is lift access to these floors for wheelchair users. I do not use a wheelchair or other mobility aides, so if there is some kind of special access, I wouldn’t necessarily be aware of it. However, accessibility for people without disabilities does not need to be asked for -- it is given. Accessibility for people with a disability should be held to the same standard. If a person has to request access, a venue is not truly accessible. If someone needs assistance to access the venue, then the venue is not accessible. If we accept this, levels four and five of the law library are not accessible. There is also the issue of tiered flooring and immobile desks in many classrooms at MLS. It is evident that access for wheelchair users was not considered during the construction of these rooms. Making spaces accessible needs to be an active process, not an afterthought.

There is also the issue of distressing subject matter, such as rape, being covered in class with no prior warning for students. I have heard that in previous years, some subjects did not warn students before discussing cases involving rape. This lack of warning meant that some students were left extremely distressed and unable to participate in, or in some cases even attend, the class. In 2012, the Australian Bureau of Statistics reported that 17% of women and 4% of men had experienced sexual assault since the age of 15. A University of Queensland study indicates that 20.6% of women and 10.5% of men report experiencing sexual assault during childhood. Given these figures, it is not unreasonable to assume that there are students at MLS who have experienced sexual assault. I don’t want to reduce this to an argument about trigger warnings -- I think the topic has been done to death and attracts fools from both sides. However, I do think that we should consider both the number of people who have experienced sexual assault, and the gravity and long term effects of sexual assault in asking whether or not to warn students about such cases. This is also not about shutting down discussions of sexual assault. Given the nature of the degree, it is very important to be educated about the matter. By warning students before having these discussions, it allows the topic to be taught and discussed, whilst also allowing students with a history of trauma to make appropriate decisions for themselves with regards to their learning. With these considerations in mind, I believe it is in the interests of students to make a warning before the topic is discussed. Some may say that if a student requires a warning, he or she should ask the lecturer for one. This isn’t an appropriate solution -- the onus should not fall on students to disclose their personal history of sexual assault. Instead, MLS and its staff should be taking an active role to make sure that classes are accessible for all students. Students should not have to be reminded of past trauma in order to gain a legal education.

Warning students of such content is not hard. An excellent example of a warning was last semester’s Administrative Law class, which sent out an email to students warning that an upcoming case discussed sexual assault and incest. Students were told that the Administrative Law teaching team were fully supportive of a decision to not come to class, or to leave during the discussion of that particular case. Students were also told which lines of the judgements contained explicit detail. I commend the Administrative Law teaching team for their excellent handling of the case.

MLS needs to be accessible to all students, not just those who are able bodied and without a history of trauma and sexual assault. Shiny Instagram campaigns highlighting the diversity of MLS are meaningless if students can’t access libraries or classes. Disability is a diversity in the human experience, but it need not something that should exclude a person from attaining their full potential.

Ruby Bell is a second-year JD student

More articles like this

Dreaming with a Disability

The rest of this issue

My 2 cents

7/8/2017 11:43:41 pm

The number of disabled students using wheelchairs is not great enough to warrant structurally overhauling the library or all the lecture theatres to provide ramp access to all areas. Those using wheelchairs can sit in the first row, and no, it isn't a human right to be a back row bandit. If the number of students using wheelchairs ever exceeds the space in the first row then changes can be made. Until then there is no need.

The MLS website seems to indicate that disabled people are given lift access to levels 4 and 5 of the library. I imagine this merely requires a brief word with the librarian or a swipe card for the doors on those levels. Not a huge problem. Of course then you still have to deal with the accessibility issue of the law library perpetually being occupied by people who are not Melbourne law students, but that is a different story.

As regarding warnings, I have always found this a bit curious. I tend to think of 'you are studying law' as enough of a trigger warning in itself. You are studying the law and part and parcel of that is you will sometimes be confronted with unsavoury details. In fact, I have tended to think that being in higher education, in any degree, is in itself enough of a warning, although I do understand that university has today assumed an extended babysitting function of sorts.

I suppose it's not a huge problem to include warnings, at a teacher's discretion, for serious things like rape or murder in subjects where you would not expect them to arise, like Administrative law. So long as students aren't ultimately exempted from having to learn the material, or we don't start getting demands for trigger warnings for made up non issues like 'micro aggressions' or 'eurocentric neo colonial attitudes', then I suppose it's fine.

Ruby

8/8/2017 04:04:38 pm

Able bodied people don't need to have a quick word with librarians to have full access to the library. Disabled people shouldn't have to do this either. To say there is "no need" for the law school to be accessible is, in my opinion, a very ignorant thing to say.

As for your comments about trigger warnings, nowhere in the article did I say that we should have trigger warnings for "made up non issues", as you say. I explicitly named rape and sexual abuse. Nor did I suggest that any student should be exempted from learning certain materials. I believe that accommodations should be made for students with PTSD or trauma history so that they can learn all the materials.

"You are studying law" does not constitute an adequate warning. Of course students know what they are studying and that such topics will arise during the course of their studies. The purpose of a trigger warning is to warn students that the material may trigger symptoms of PTSD or trauma memories. Such memories are different from normal memories, as instead of merely remembering the event, the person experiences physiological and psychological changes as if they are re-experiencing the event. Providing a warning allows the student to protect themselves from such an experience, either by practicing techniques to calm themselves and their bodies down, or by excusing themselves if this is not possible.

My 3 cents

8/8/2017 06:17:58 pm

The cost of building ramps between each floor of the library for the relatively few people who need them, when weighed against the infinitesimal extra burden on people in wheelchairs to speak with the librarian, perhaps only once at the start of the semester to obtain a swipe card for lift access (I don't know how the indicated lift access to levels 4 and 5 actually works), means it is frankly not worth it.

As far as matters of principle go ('people not in wheelchairs don't have to have a 2 minute conversation once a year with the librarian, so why should disabled people!!! what an injustice!!!!') this really isn't worth thinking about. Perhaps the process of accessing levels 4 and 5 is truly uneccesarily burdensome in which case there could be improvement, but we don't really know that do we. Perhaps it would be useful for people penning articles on such a matter to check the facts of this first, rather than assuming there must be some sort of injustice going on.

forwhatitsworth

8/8/2017 08:03:02 pm

Yep there is a lift internally to the law school. Also, showing my age here, back in my undergrad when I would study at the law school the main law school lift did run to level 4 (unsure about level 5) and they stopped it running there because it was such a distraction to those trying to study in the silent spaces on level 4!

Whingers > Disabled?

8/8/2017 08:19:37 pm

So they went with ableism to deal with whingers who couldn't deal with the sound of a lift opening?

@whingers

8/8/2017 09:32:21 pm

I think you are trivialising the issues that occurred.
I note the level 4 internal library lift still works and is accessible for those who need it.

It was the main law school lifts that used to stop at level 4 (this is circa 2010...I don't know if they went to level 5). Able bodied people would catch them to these floors causing much distraction, students would also take phone calls in the lift waiting space that is now blocked off by metal gate thing - this caused ongoing issues and I think the decision has been for the better as level 4 can now truly be a quiet study space. Those who require lift access to get to level 4 can use the internal library lift which I would assume is available to those who need mobility assistance...

Ella

8/8/2017 09:07:40 pm

Ok but we are talking about more than 'unsavoury details' here. We are talking about possible rape/sexual assault victims not getting warning that there is about to be some class 'debate' about rape or that the case we are looking in depth at the details of a rape case. It's not 'babysitting' to require that lecturers warn students in advance when these sort of conversations are going to be had, and frankly yeah- if the hypothetical is about rape and you find it particularly distressing as a victim then its not hard to make a student exempt from having to write on that topic. Not all areas of law require you to know about rape and victims should be supported in getting an education rather than forced to deal with content that is damaging to them, otherwise risk failing the course. Warnings should be there in criminal law just like they should be in any other subject.

The other thing I'll say is that what you consider trivial or a 'microagression' does not mean it doesn't have a big impact on someone else. Nevertheless, I highly doubt that a subject or course would be severely altered to censor content which is, for the most part, not damaging in the way learning about rape might be for a rape victim

Access

8/8/2017 04:34:43 pm

There is a lift inside the library on level 3 which goes to level 4 and 5.

TheLift

8/8/2017 07:59:28 pm

Your commoners about lift use in the law school needs to be clarified as your lack of research detracts from the sentiments you are trying to make.

There is a specific lift internally to the law library that accesses levels 3, 4 and 5 of the library this is for use by staff and those with access issues.

Understandably this is not advertised to just anyone because they do not want it being used unnecessarily by those who are able bodied.

I do not think it would be such an excessive burden for someone who has a temporary or permanent mobility issue to request their student card to be coded for access to that lift - something I know student and facilities services are more than willing to accomodate.

8/8/2017 08:03:49 pm

*comments

Elevator

8/8/2017 08:16:46 pm

Go into level 3 of the library, use your eyes, see the lift that is right next to the stairs!

Therefore

8/8/2017 08:39:53 pm

So, to summarise:
1. There is an internal library lift that provides access to levels 4 and 5.
2. Classes are currently using warnings, an 'excellent example' being the Administrative Law class warning. Inferentially, other classes could do better in this regard.

The problem does not sound too pressing given the above. Notwithstanding, a great exposition on the medical/social models on disability — I'm sure many people, poster included, were educated by your piece.

Please

8/8/2017 08:47:44 pm

Next time you write an article about accessibility please mention the fantastic support that MLS offer to those with learning disabilities. After three years of undergrad being too scared to ask for help I instantly felt comfortable approaching the MLS Wellbeing staff to discuss options to accommodate my disability.

It is privileged to assume that the only issues people suffer are ones you can see like a wheelchair.

9/8/2017 02:25:25 pm

I am happy to hear that you've had a positive experience.

I also don't believe that visible or physical disabilities are any more important than invisible disabilities. I am sorry if my article implied anything to the contrary. I chose to focus on physical access because it's something that I have noticed around the law school.

NPJ

8/8/2017 10:43:46 pm

As with every school, or venue I have registered my attendance for, MLS called me as soon as I had signed up (and ticked that nifty box that indicated my disability) and asked what, if any, services I required.

They have wheelchair accessible lifts to other floors and are, so I'm told, making a conscious effort to minimise distance between classes for those that struggle to get around.

I am not a fan of the law school and will fight them on literally any issue (1v1 me Carolyn). But they do alright with disabled students.

Certainly better than the americans schools but admittedly not as good as some south Australian institutions. This is according to my time as an ALSA researcher on handicapped access in law schools, a published version of which you can read where all quality npj literature is sold (ie not demin).

Students do alright too, a byproduct of good school design really, I rarely see anyone using the dedicated disabled toilet, and there's a toilet with railing in case you want to join the normies. However it triggers me to all fuck when people stand on the stairs at the railing. WHAT THE FUCK IS WRONG WITH YOU, PEOPLE USE THE RAILING YOU FUCKING FUCKS.

Npj again

9/8/2017 12:13:52 am

Post script: I don't want these comments to lead you to think that you, or anyone for that matter, "can't write" about disabled or minority experiences simply because you have not lived that experience. The mere fact you are in the majority makes your writing integral to visibility of the problems faced by minorities. Keep it up.

10/8/2017 10:50:54 am

I'm glad you've had a positive experience with MLS. I don't have a disability, so everything from this article is from an outsider's perspective.

RE: railing -- I completely agree. I also feel very frustrated when I see bikes tethered to the railings on the ramp outside the law school. It's a ramp, not a bike storage area.

Christine

8/8/2017 11:18:37 pm

So I play a contact sport and end up with dumbass injuries through most of winter - often having to navigate the building with either crutches or a cast.

I've felt pretty ok with access, for the most part? If I'm on crutches or my knee decides it can't bend suddenly, I use the internal library lift. Other than sounding like the doors will never open again, it's pretty reliable. Disability bathrooms are much better at law than in other university buildings. And when I contacted Wellbeing and Stop 1 for accommodations when I broke a finger on my writing hand, they helped me with getting alternative exam arrangements sorted.

If anything, the most tedious thing about being temporary, crutches-type disabled in the law school is classroom layout. Chairs are packed into narrow desk areas where people with crutches generally don't fit. Take out three chairs and suddenly accessible!

9/8/2017 10:45:03 am

Thanks so much for this article Ruby, it highlights some really important issues.

Twice I have had teachers warn about sexual assault content (showing that it is not at all hard or disruptive), and both times I was so happy to hear it because it doesn't happen often enough.

First time was in crim when my teacher warned at the beginning that we would be talking about sexual assault, and the classes that would happen in. Not the most accessible way because he then invited students to talk to him about it if they were concerned - still have to ask for access.

Second time was better - in evidence. My teacher said, right before a break, that we would be watching a video that was about sexual assault after the break, and that any student that didn't want to watch it could just not come back from the break. This allowed students to leave with relative anonymity/lack of awkwardness.

10/8/2017 01:21:11 pm

Although others have alluded the disruption of the lift opening/closing on level 4 as being the main reason why they do not stop there, I think the primary reason is to ensure no one steals books from the collection on level 4 and 5, and yes, theft of books happens regularly (especially true for high use collections).

This is standard practise at all other libraries (i.e. Giblin Foyer lifts don't stop on upper ground floor/level 1, ERC lifts don't stop on level 1/Charles Pearson foyer). Essentially you have to exit and enter from the main library entrance where the service desk is located. This way, library staff know if you have stolen a book as you go through the security gates and helps record the number of patrons that enter and exit the library.

But yes as several commentators have said, there is an internal lift (albeit not promoted well) for staff and students needing lift access.

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