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► Student Rights Charter - NUS
Students Rights Charter NUS
Student Charter
The National Union of Students produced its first Students' Charter in 1940, setting out its vision for students and their education. Now over sixty years later, we have produced a new Charter, based on our beliefs about the kind of education system that we want to see and the rights that students deserve within it.
Further and higher education has undergone a period of massive change and this Charter reflects that change. We welcome many developments such as the creation of a mass education system, enabling more people to develop their skills, ability and knowledge. The moves towards flexible learning and increased choice are equally recognized as positive advancements. Yet there are some changes which NUS does not welcome and we seek to reverse, most notably the amendments to the student financial support package that has culminated in the introduction of tuition fees and the abolition of the maintaince grant.
If we are to encourage participation in, and access to, further and higher education we have to ensure that education meets the highest standards. Sustained growth in the number of learners cannot be taken for granted. NUS welcomes the Government's target to ensure that 1 in 2 of all people go into higher education by 2010. However, to achieve this ambitious target, greater attention needs to be paid to the levels of financial hardship that students are experiencing and the potential deterrent this will be to many potential learners, particularly those from lower socio-economic backgrounds. The concerns and aspirations of students must be a recognised by college and university authorities and acted upon. This Charter aims to promote the rights of the learner and ensure that all those involved in the planning and delivery of education understand these rights.
The emergence of a wider rights agenda in society, culminating in the Human Rights Act has brought the issue of our rights as students to the fore in the student movement.
A students' charter should be the means by which students are empowered to seek the kind of rights they require.
Principles
The charter is based on three guiding principles: Freedom, Equality and Security. These principles are intrinsically linked. If enacted as a package we believe that they would benefit all students and further and higher education as a whole.
Freedom
Students need freedom in their further and higher education. Freedom should exist to allow students to make decisions for themselves as to their course, mode and level of study. Freedom must not merely exist in the academic arena but also outside the classroom to other aspects of student life such as accommodation, support and recreational activities.
In order to make choices, students need full and accurate information about their learning and their rights. The provision of such information is the responsibility of the college, the students' union and the Government. Real freedom is impossible without accurate information that is published and easily accessible.
However, freedom of choice means more than just information. It also means that the users of a service, in this case students, should be consulted about provision. This can only work effectively when student representatives are part of institutional governance. Real freedom can only be achieved when freedom is under the feet of students, not above their heads.
Equality
Equality of opportunity and equality of treatment must underpin every aspect of the Charter. A commitment to equal opportunities should underpin and impact upon every area of activity in education, influencing how institutions work and what they do.
Students are not purely learners but citizens of a wider community and they should be treated as such. The principle of equality must transcend campus boundaries and reach into communities. Students' must feel that their right to equality applies to them as citizens of a wider community rather than a ghettoised section of society.
Security
Insecurity threatens the lives of students in a number of different ways. Study brings with it financial burdens, which not only threatens access but also strike at the core of personal security. Countless numbers of potential students decide not to take the risk of entering education when it means an end to their benefits or an uncertain financial future. For twenty percent of students the insecurity they face leads them drop out of the education system altogether.
Too many students face the insecurity of sub-standard accommodation in dangerous areas of our towns and cities. A climate of fear often exists among our student communities and the threat of physical attack remains a feature of student life. Illness brings insecurity because access to health services often means waiting weeks to see a doctor. The need to take part-time work for long hours in a dangerous workplace just to stay in education means insecurity. NUS wants to ensure that no students suffers the insecurity and uncertainty of student hardship in further and higher education. We believe that in place of fear students have the right to security.
RIGHTS CHARTER
1. The right of access to post-16 education and a fair financial support system
2. The right to representation
3. The right to study free from discrimination, prejudice or fear.
4. The right to adequate support facilities and learning resources
5. The right to clear and accessible complaints and appeals procedures
6. The right to safe, secure and affordable accommodation
7. The right to a fair and equitable wage for safe part time work
8. The right to suitable childcare provision
9. The right to be involved in students' union activities
10. The right to be a citizen of an academic, local and wider community
1. The right of access to post-16 education
An inclusive further and higher education system is a powerful instrument of social justice. However, the principle that all those who are qualified to enter further and higher education should have the opportunity to do so, has yet to be achieved. NUS wants to see a situation where half of all young people enter higher education.
In higher education the introduction of tuition fees and the abolition of the grant for poorer students has deterred many students from lower socio-economic backgrounds from entering the system. At present, five times as many young people from professional backgrounds enter higher education compared to those from unskilled and manual backgrounds. In Scotland the Cubie enquiry identified debt aversion as an obstacle to those students from lower socio-economic backgrounds. However, access is as much a social issue as a financial issue; a poverty of aspiration can often present a bigger barrier than financial poverty.
International students are also forced to bear an increasing financial burden; these tuition fees are unregulated and often rise far above the rate of inflation. Institutions must justify any increases in the financial contribution they collect from international students and ensure that international student fees are not used as a method of alleviating institutions' financial pressures.
NUS welcomes the introduction of the Education Maintenance Allowance for students in further education, but the extent of the scheme, targeted at younger students, doesn't go far enough. The EMA should be extended to all students in further education and should be used as maintaince support to allow any individual to get to level 3 of their education.
Further and higher education is not the preserve of the young. Many people miss out on education in their late teens and early twenties. They, and not just school-leavers, are potential students. Many of these people have spent years gaining skills both in the workplace and outside. NUS calls on the Government to build upon the financial support it has already made available for mature students and ensure that financial considerations do not stop any student from entering further or higher education.
Access can be a physical barrier for the thousands of students with disabilities. There are still gaps in the much-welcomed recent disability legislation. The new Special Educational Needs and Disability Rights in Education Act for example, only covers educational activities that are part of 'everyday life'. The Act does not cover aspects of vocational courses that lead to professional accreditation where the professional bodies disapprove.
The right to study free from financial hardship is fundamental to the success of post 16 education. Until a decent package is on table for all students, post 16 education will remain the preserve of those who can afford it.
Half of all young people should enjoy the opportunities that higher education affords. The participation rate between social classes should be equalised.
To encourage non-school leavers to return to education the Government must build on the financial support it has made available for mature students.
International students' fees need to be both fair and regulated
All mature students should have access to the student loans system; there should exist no age-based discrimination
Our campuses, courses and social and recreational facilities to be accessible to all students with disabilities.
2. The Right to RepresentationStudents have a right to participate in the shaping of our education system, locally and nationally. NUS believe that the rights of individual students will only be protected if there is a collective student input into institutional decision-making. Individual rights are central to the concept of representation, however, it is our view that these will become worthless without a student organisation to enforce such rights through advice, advocacy and representation.
The student movement of thirty years ago won the fight to guarantee student representation on governing bodies in the HE sector. In 1999 we also won mandatory student representation on the governing bodies of further education colleges. NUS challenges FE colleges to take this legislation to its limits and appoint three student governors to every college governing body. We believe that not only do students' unions have that right to have representatives on institutional governing bodies, but those representative have the right to be equipped with the knowledge and skills to effectively carry out their duties.
The rights of individual students will only be protected if there is a collective student input into institutional decision-making. Students' unions, guilds and associations are vital to enforce the rights outlined in the Charter.
Course representatives, supported by students' unions, are the main vehicles by which students can have a measure of control over their own learning.
Students' unions should be consulted whenever there is a quality-based inspection into university departments and provision.
Students' unions, as the legitimate representative of the learner, have the right to be included in all internal and external quality reviews.
Student governors, in the FE and HE sectors have the right to adequate training that equips them with the skills and knowledge to carry out their role.
3. The right to study free from discrimination, prejudice and fear
Discrimination has no place in further and higher education. However, while this is often accepted in principle, the necessary actions to make it effective are often neglected.
Research shows that much of the disparity between the results of men and women occurs in the marking process; indeed, research has shown that 10.3% of males receive firsts, yet just 6.2% of women achieve the same. A system of anonymous marking, where students work is identified by a number not a name, reduces the chances of both discrimination against students and allegations of biased against lecturers.
NUS believes that everyone applying to, and studying at an institution has the right to be treated fairly and equitably. Assessment, whatever its purpose, should be made on directly relevant factors, rewards should be determined against criteria and allocated on merit and contribution. Equality of opportunity must be guaranteed to all students to develop and realise their potential.
The student movement has proud record of ensuring that racists and fascists are not afforded a platform in students' unions. NUS believes that the right to free speech brings with it particular responsibilities, such as not violating other people's freedom. We maintain that a no platform policy is integral to ensuring equality of opportunity to all our members.
The right to study without prejudice
The right to have work assessed under a fair system of anonymous marking
The right to deny a platform to speakers who incite hatred
4. The right to adequate support facilities and learning resources
The quality of student life is determined not just by the academic facilities, but also by recreational, sporting and welfare facilities. Both the institution and the students' union have a role in providing such a range of facilities. However, with greater emphasis on the financial costs of providing education, such amenities and services are often under threat.
The diversity of today's students coupled with increasing financial hardship and pressure to achieve means students need advice and support services to help them through their time in education. It is unacceptable that many are forced to wait days or even weeks to see a counsellor, campus GP or nurse. At a time when more students than ever before are depressed and suffering mental health problems, we need our institutions to provide accessible services that respond to student needs. Without these vital services many students would otherwise get less out of their education, or even drop-out. NUS calls on all institutions to prioritise the support services that are vital in helping students get through their time at college.
When a student embarks on a course of study they have the right to know exactly what is expected of them both academically and financially. Students should have clear guidelines of any additional costs which may be incurred whilst studying before they enter an institution.
It is increasingly common in both further and higher education for institutions to charge additional fees for learning resources that are essential for students to gain the maximum benefit from their course of study. Hidden course costs can range from a cost for photocopying or access to computer facilities, to charges for essential elements of the course, for example art studio or laboratory fees. NUS calls on such costs to be rigorously monitored to prevent institutions charging top up fees by the back door and to be detailed in marketing materials.
On some vocational courses, students have had to pay a levy for additional accreditation for their course, in effect negating the value of their course in the labour market if they fail to pay the additional 'optional' payment. This is in our view is unacceptable.
The right to study in an education system which provides for adequately funded support facilities
The right to accessible advice and support that helps students in periods of difficulty and contributes to improving their all-round quality of life
The right to access health and support services when they need arises, and not two weeks later
The right to representation on the provision of student support services
All course costs should be fully itemised in the prospectus and additional costs should not be levied later in the course of study.
Students should not be expected to meet additional equipment and study aid costs
Institutions must outlaw additional accreditation costs, whether these take the form of graduation fees or qualification costs.
When additional course costs are proposed, the students' union has the right to negotiate these costs with the learning provider
5. The Right to Clear and Accessible Complaints and Appeals Procedures
If a student or group of students feels that either their course or the facilities offered by their institution are inadequate they should have the right to complain, and, to expect action if their complaint is justified. This should operate on two levels. First, within the institution: procedures for complaint should be simple, easily defined and accessible. Students should be entitled to be represented in their complaint by their student union representative. Second, if the student, or students, feels that their complaint has been inadequately dealt with they should be able to appeal to an independent arbitrator. An ombudsman should be appointed nationally to hear such appeals. The ombudsman should be independent and publicly funded.
The Dearing Report recommended that arrangements for handling student complaints should reflect the principles of natural justice and be transparent and timely. NUS fully endorsed this recommendation. The subsequent Quality Assurance Agency (QAA) Code of Practice on academic appeals and student complaints should be implemented by all institutions. Student complaints should be welcomed by an institution as a way of identifying and resolving problems encountered by students.
Sometimes students fail. There are often extenuating circumstances for this that should be taken into account. Students should be guaranteed a right to appeal against failure or their degree classification. At present institutions' appeal systems differ widely, and some are plainly inadequate, being geared to minimising administrative effort rather than maximising fairness to students.
The right to complain if the quality of the course or services provided by the institution is inadequate through clear and accessible procedures.
There should be a standardised, independent appeals system that gives students the right to appeal within the institution on the grounds of extenuating circumstances, maladministration or any form of discrimination.
All institutions should implement the QAA Code of Practice on academic appeals and student complaints
Students should have the right to appeal to an ombudsman.
6. The right to safe, secure and affordable accommodation
The right to a safe and secure home is a basic human right. Students have the right to live free from fear in accommodation that is accessible and suitable to their needs. The vast majority of students live in the private rented sector where there exists the highest level of disrepair and unfitness. The risk of fire in a House in Multiple Occupation is said to be around ten times that in other forms of accommodation. A mandatory licensing scheme for Houses in Multiple Occupation is essential in raising standards in the private rented sector. NUS calls on the Government to introduce such a scheme as a matter of urgency.
Institutions are increasingly selling off or contracting out their student accommodation to the private sector. NUS calls for student representatives to be involved in negotiations with private providers. We believe that any private scheme should have student interests at its heart and oppose any scheme that would be detrimental to the rights of students. The increasing role of the private provider in institutional accommodation should not be an excuse for an increase in costs, a lowering of standards or an abandoning of democracy.
In recent years we have seen the cost of accommodation in both the private rented and the institutional sector rise above the rate of inflation and increase in student loans. Accommodation accounts for as much as 80% of a student's expenditure and this increased burden cannot be allowed to continue.
We very much support the piloting of the Tenancy Deposit Scheme. For too long students have had their deposit's withheld by unscrupulous landlords, often on dubious grounds. We urge the Government to implement the scheme nationally to ensure a fair deal for those living in the private rented sector. Initiatives such as this are positive steps in the right direction.
Students are often seen as easy targets for property crime. When students are the victims of such crimes, it is often the violation of their living space that has an impact on the security and quality of life for that individual. Students should have the right to feel secure in their own home and in their local community. Many of the issues around crime are intrinsically linked to the problems of houses of multiple occupancy.
The right to live in safe and well-maintained accommodation whether provided by an institution or the private sector.
A comprehensive licensing scheme for Houses in Multiple Occupation.
The right to affordable rents and a fair system of allocating return of deposits
7. A decent wage for safe part-time work
Over 90 percent of students now take on work at some point during their course and 42 percent of students' work during term-time. A huge number of students are working in low paid, dangerous working environments where there is no trade union presence and their rights are denied. Each year students are exposed to risks in the workplace resulting in serious injury or ill health that will affect them for the rest of their lives.
Too often, NUS hears cases of employers who use contractual and legal loopholes to abuse the rights of student workers. Basic awareness of the right to appropriate safety equipment and training, as well as fair pay and conditions are vital for students in the workplace.
According to TUC research Students@Work.2000, conducted by the Labour Research Department, a quarter of working students miss lectures, while almost one in five miss deadlines. The TUC report also found that at least ten per cent of students experience problems balancing their jobs and study, so much so, that many of them think about dropping out.
NUS calls for the discriminatory system of age rate differentials in the minimum wage to be abolished. We believe that students under the age of 22 should be rewarded with an equal wage for an equal day's work. Students' unions work hard to represent the interests of students on campus and students should have the right of representation in their workplace through a trade union.
Postgraduate students are now an indispensable part of the teaching force at almost all universities. They are often employed on a casual basis and informal employment practices mean that these students are vulnerable to exploitation, abuse and discrimination. It is imperative that institutions recognise the status of postgraduate students as employees and afford them their legal rights as such. We call on all institutions to pay postgraduate employees for all the hours and duties required as part of the job. It is also imperative that these employees are trained, supported and recognised for the role they undertake and that the terms and conditions of employment are made abundantly clear.
The right to a minimum wage that does not discriminate on the basis of age
The right to protection in the workplace and employment which meets health and safety regulations
The right to join and be represented by a trade union in the workplace
The right to adequate pay, support, training and recognition for all postgraduate students that teach
8. The right to suitable childcare provision
Widening access to tertiary education has led to unprecedented numbers of students with dependents studying in our colleges and universities. Students with dependant children should have equal access to learning and educational resources.
The provision of adequate childcare is often the determining factor for parents who want to enter further or higher education. It is not good enough for institutions to boast of their childcare facilities in their prospectus while actually providing twenty places to the children of ten thousand students.
Many students are also priced out of childcare facilities. NUS welcomes the recently announced childcare grants for students with low family income. However there is still a great deal more to be done to help students with children. The majority of childcare facilities do not operate over the whole timetable and many students have to leave lectures early to collect their children or face heavy fines or even exclusion from the scheme. Additionally, many childcare schemes do not operate through the holiday periods, and this prevents some parents from working or studying during this time.
Every student with dependants should have access to safe, high quality and affordable childcare provision carried out by fully qualified carers
The provision of adequate childcare provision must be a priority for institutions if students with children are to be attracted into education.
9. The right to be involved in students' union activities
Students' unions are fundamental tools for individual students to participate in institution's decision making processes. They are also vital in promoting students' non-academic development during their time at college. All students' unions, both in the further and higher education sectors, should be provided with sufficient financial resources to enable them to undertake their campaigning and representative functions effectively. Similarly, students must be afforded the time to participate in students' union activities. NUS firmly believe that Wednesday afternoons should remain free for recreational and sporting activities.
By taking an active role in these activities, students also have the opportunities to gain experience and skills that are unique. However, it is rare that the contributions made by students in their activities is recognised or accredited. NUS believes that students should be able to formally include their experiences and skills gained through activity involvement as a formal part of their course qualification.
The right to Wednesday afternoons free for recreational activities
The right to accreditation for participation in students' union activities
10. The right to be a citizen of the academic, local and wider communityFurther and Higher education should promote the development of active, critical and constructive citizens. An equal and democratic relationship between students, students' unions and institutions has great importance in the creation of a democratic ethos in colleges.
Student representatives must be democratically elected. Students have the right to have an equal input in all issues concerning them at all the levels of decision making. At institutional level, students must have the right to take part in decision making as equal partners. At national level students must have the right to participate in the preparation, implementation and evaluation of decisions concerning students.
Students contribute a great deal to their communities financially, culturally and socially yet far too often they are detached from their communities, accused of being responsible for degeneration and noise nuisance. NUS believes that unless students are engaged as citizens they will shun their responsibility to vote in local elections.
The right to recognition for the contribution that students make to local communities
Conclusion
If we are to achieve our aims as a movement, the concept of rights for students across their lives and across the student experience are vital. A serious challenge to the inequalities and insecurity which students face can only come from a united and active student movement which works for it's members at it's grassroots, regionally and nationally. The Rights Charter is not an exhaustive account of our policies, but it does outline key areas of policy and series of demands which if achieved will have a positive impact on student life.
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