Assumption and bias
The articulation of some skills may exclude or discriminate against some disabled students, even if unintentionally.[1] Examples of such skills may include:
- Listening skills
- Speaking skills
- Social skills (often required in group work)
- Performance skills (eye contact, humour, animation)
- Physical skills (handwriting, writing on a board, drawing, manipulating objects or equipment)
For many subject areas, such skills would not be considered legitimate competence standards, since they are not an academic, medical, or other standard applied for the purpose of determining whether or not a person has a particular level of competence or ability” and genuinely related to the course genuinely related to the course, proportionate (suitable and not excessive) or necessary. They are often more about pedagogical preference and historical assumption around ‘good skills’.
Where soft skills are considered to be genuine competence standards, care should be taken in articulating these to students, linking these to the objectives of the programme, or to professional standards. It must also be clear to any applicants to the programme what will be expected of them prior to registering for that programme.
Discrimination
A legitimate competence standard may be open to challenge if it functions in a way which is discriminatory. For instance, an appropriate competence standard might result in a group of disabled students or applicants being excluded or denied admission to a course. A provider would need to demonstrate that the competence standard is a proportionate means of achieving a legitimate aim for the competence standard not to be discriminatory.
[1] Nieminen, J.H. Unveiling ableism and disablism in assessment: a critical analysis of disabled students’ experiences of assessment and assessment accommodations. High Educ 85, 613–636 (2023). https://doi.org/10.1007/s10734-022-00857-1
