Category: Equalities

  • Higher education misunderstands neurodivergence | Wonkhe

    Higher education misunderstands neurodivergence | Wonkhe

    The term “resilience” is everywhere in higher education.

    It shows up in strategic plans, wellbeing frameworks and graduate attribute profiles.

    Universities want students who cope well with pressure, bounce back from problems, and adapt quickly to change.

    But this obsession with using resilience as the cure all is quietly doing damage – particularly to neurodivergent students, and risks perpetuating a culture that conflates survival with success.

    Resilience, as it is often used in policy or wellbeing guidance, makes assumptions about a universal baseline.

    All students (and staff) are under pressure to “cope” with the demands of higher education, including anything from deadlines, group work, feedback, through to accommodation moves. It is as though everyone is starting from the same place, with the same resources.

    But neurodivergent students often come into higher education already managing complex internal landscapes – sensory overwhelm, executive dysfunction, rigid routines (or lack of), social anxiety, rejection sensitivity dysphoria, and demand avoidance, to name but a few.

    These are not just barriers to learning in an abstract sense but are, in fact, daily realities.

    And when we talk about resilience without consideration of this as a baseline for some, we begin to measure students by how well they endure suffering, not how well they are supported.

    A lack of adaptation becomes lack of success.

    Surviving is not thriving

    Neurodivergent students often go to extraordinary lengths to meet the expectations of higher education.

    They may appear to be coping, attending lectures, submitting assignments, and even achieving high grades.

    But this superficial success can be very misleading. What is often interpreted as resilience is, in many cases, a form of masking, a conscious or unconscious effort to suppress traits, needs, or behaviours to fit in.

    This is not a sign of thriving – it is a survival strategy.

    Masking is emotionally and physically exhausting. It can manifest as mimicked social behaviours, hiding sensory issues, or continuing despite major executive dysfunction. Over time, this leads to chronic stress, anxiety, and burnout.

    The student may be praised for their work, but inside they are struggling to maintain the illusion. The cost of appearing resilient is often invisible to staff and friends, yet it can be devastating.

    This is where the resilience narrative becomes dangerous. It rewards students for enduring environments that are not designed for them, rather than prompting institutions to question why those environments are so difficult to navigate in the first place.

    A student who seems to be “doing well” may be on the brink of collapse. Without understanding the hidden labour behind this apparent success, we risk reinforcing a system that values endurance over wellbeing.

    Support as self-blame

    While the rhetoric of resilience is often framed as empowerment, in practice it can move responsibility away from universities and onto students, especially neurodivergent students.

    Support services may focus on coping strategies, stress management, or time management techniques. These can be helpful, but when offered in isolation, they imply the problem is that the student cannot adapt satisfactorily, rather than with the system’s failure to accommodate.

    This framing can lead to a harmful cycle of self-blame. When students struggle, with rigid timetables, inaccessible assessments, or overstimulating environments, they are told to be more resilient. But resilience, in this context, becomes a term for tolerance of unsuitable conditions.

    When students inevitably reach their limits, they may internalise this as personal failure, that they didn’t try hard enough or put enough effort in.

    The reality is that the burden of adaptation is not equally shared. Institutional structures can be inflexible, and staff may lack the training or resources to provide robust accommodations.

    This creates a scenario where neurodivergent students are expected to conform to a model of academic success that was never designed with them in mind. When they can’t, they disengage, not because they lack resilience, but because the system has failed to support them.

    This creates a vicious cycle. The student struggles. They perseverate on that as personal failure. And yet, ultimately, they are encouraged to be more resilient. And when that doesn’t work, as masking and self-management have reached their limit, this is when neurodivergent students disengage or drop out.

    Whilst national statistics are not readily available due to underreporting and also confusion around definitions, research does point to these issues. The British Psychological Society (2022) reports that due to an over-reliance on self-disclosure, as well as inconsistent support systems,

    ND students face a disproportionate amount of challenges in higher education. Furthermore, the Office for National Statistics (2021) report that only 21.7 per cent of autistic adults were employed in 2020, demonstrating systemic barriers which students may face when transitioning to work.

    They will blame themselves.

    Rethinking resilience

    That is not to say resilience is inherently bad. The ability to manage setbacks and adapt to change is fundamental but, for neurodivergents, that can only be when it is coupled with appropriate support, inclusive systems and compassionate pedagogy.

    In its current format, the discussion around resilience become a deflection. It reframes structural exclusion, such as inaccessible or rigid assessment methods, inflexible teaching patterns, and overstimulating spaces, as personal challenges that they must overcome.

    An example of this may be that many universities still require in-person attendance for some assessments. For a student with sensory or processing issues, this could effectively provoke masking, which could lead to overwhelm and/or burn-out. Despite us having the power to change it, we instead expect students to improve at surviving the experience.

    A solid example of where this has been integrated, in terms of flexibility, is the University of Oxford’s (2024) NESTL toolkit, which demonstrates how applications of moving adaptations throughout the programme can, in the first instance, support ND students, but actually could have implications for all students in terms of authentic assessment and individualised learning.

    From resilience to responsibility

    If universities are serious about supporting neurodivergent students, they must start by reframing resilience not as an individual concept but as a systemic responsibility. Rather than asking students to become more resilient, the more important question is how institutions can reduce the need for resilience in the first place.

    This begins with designing systems that are accessible from the outset. Instead of relying on individual adjustments, universities should embed flexibility into their base structures, with adaptable deadlines, varied assessment formats, and alternative ways for students to engage with learning. These changes not only support neurodivergent students but enhance the experience for all learners.

    Creating a culture of safety is vital. Disclosure should not trigger a bureaucratic process but should be met with empathy, understanding, and timely support. It would be a bonus if staff training could go beyond basic awareness and involve critical reflection on how teaching practices can embody inclusion and empower educators to make meaningful changes.

    Finally, institutions must place ND students in the centre throughout the design and review of policies, curricula, and spaces. Lived experience should not be treated as an optional perspective but as a foundation. Only by shifting from a format of individual endurance to one of collective responsibility can we begin to challenge the structural barriers that resilience discourse too often obscures.

    The myth of the resilient student is appealing and offers a neat solution to complex challenges. But it also permits institutions to bypass important discussions about structural exclusion, academic tradition and the limitations of current support models. We have to rethink the system from the ground up, and not just ask students to endure it.

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  • Safety must shape policy on single-sex spaces

    Safety must shape policy on single-sex spaces

    As a campaigner focusing on gender-based violence within higher education, I am extremely concerned about the consequences for trans and non-binary people of the recent Supreme Court judgement on the meaning of “sex” in the Equality Act 2010.

    Crucial work is being done by trans activists and their allies to challenge this judgement, including a proposed judicial review. In the meantime, the Equality and Human Rights Commission (EHRC) has been consulting on its guidance, and higher education institutions are discussing the implications of the judgement.

    Given that any further legal case will take some time to come to fruition, it is crucial that decisions being made around trans and non-binary people’s access to spaces within higher education are informed by good quality evidence.

    This evidence – which comes from a wide range of international studies, as outlined below – shows clearly that trans and non-binary people face much higher risks in relation to sexual harassment and assault than cis people, both men and women. This fact is entirely missing in the consultation version of the guidance.

    My response to the consultation has outlined these issues. But this point needs to be taken into account by all HEIs currently considering how to implement the Supreme Court judgement. This piece aims to give evidence and wording to help staff to do so.

    Research context

    Trans and non-binary people are much more likely than cis people, including cis women, to be subjected to sexual harassment and violence. This is a well-established fact, evidenced by national studies of 180,000 students in the US; 8000 students in Ireland; and 43,000 students in Australia, as well as studies focusing on staff-student sexual misconduct (p.277) or on specific disciplines; and studies across campuses and that compare different sexual and gender minority groups.

    For example a survey of over 43000 students in Australia published in 2022 found that trans students were more than twice as likely as cis women to have been subjected to sexual violence in the past year, and also significantly more likely to be subjected to sexual harassment, as detailed in the figure below.

    In addition, non-binary and trans people may often experience sexual harassment that intersects with harassment on the basis of their gender identity. For example, in a large national survey of sexual harassment and violence in Ireland with responses from 7901 students, 45% of non-binary students described being subjected to sexualised comments related to their gender identity.

    Toilets have been identified as a particularly risky space for trans and non-binary children at school.

    A recent US study analysed a survey of 3673 transgender and nonbinary US adolescents in grades 7 to 12. They found that – while trans and non-binary students were already more likely to experience sexual assault than cis students – this risk was increased by a large amount where they are not allowed to use toilets that match their self-identified gender (this included policies where trans and non-binary students had to use alternative facilities such as staff bathrooms).

    Transgender boys and girls, as well as nonbinary students assigned female at birth, whose restroom and locker room use was restricted, were more likely to have experienced sexual assault in the past 12 months compared with those without restrictions and the largest increased risk (149%) was among transgender girls.

    This study – with an unusually large sample of trans and non-binary students from across the US – shows the significantly heightened risk that trans and non-binary youth are subjected to sexual assault as a result of bathroom usage policies.

    This is not a negligible amount of risk. The study’s focus on youth is particularly important – in the UK context, more than a third (35 per cent) of trans and non-binary people report having started transitioning by age 18 and two-thirds (67 per cent) by age 25. Therefore, schools and higher education institutions are a key site where trans and non-binary people’s safety needs to be considered.

    These research findings are not currently reflected in the EHRC guidance, as outlined below.

    How the EHRC guidance needs to change

    At points in the current (consultation) version of the EHRC guidance, women’s “safety” is used as a justification for providing single-sex services for cis women only. For example, in point 13.3.4:

    When considering the benefits of offering a separate or single-sex service, the service provider (including a person providing a service in the exercise of public functions) should think about whether women’s safety, privacy and / or dignity would be at risk in the service if it was shared with men.

    Considered in light of the evidence presented above, it is concerning that women’s safety is discussed but there is no mention of the safety of trans and non-binary people. Trans and non-binary people face the greatest risk to their safety and dignity (as sexual harassment is by definition a violation of dignity) if compared to the current practice where trans women use women-only facilities.

    Trans and non-binary people’s safety is significantly more compromised by the use of single sex spaces than cis women’s. But the guidance is entirely silent on the risks that trans and non-binary people face if single-sex spaces are limited to cisgendered women and men respectively.

    Similarly, section 13.5 discusses “relevant considerations when deciding whether the exclusion of trans people from a separate or single-sex service is a proportionate means of achieving a legitimate aim” but does not mention trans and non-binary people’s increased risk of sexual harassment and assault.

    Throughout the guidance, where arguments are made about considering cis women’s safety or perceived safety in relation to single-sex services, the same arguments also need to be made – and indeed are heightened – in relation to trans and non-binary people. This means that HEIs, in considering provision of single-sex spaces, must also consider the ways in which trans and non-binary people’s risk of sexual assault and harassment is heightened when they are excluded from spaces that match their gender identity.

    HEIs considering their provision of space could draw on the finding from the US study of trans and non-binary high school students, discussed above. This study found that offering alternative provision trans and non-binary students, for example whereby they would use the staff toilets (which are single toilets) instead of the student toilets, still correlated with increased risk of sexual assault for trans and non-binary students.

    Harassment on the basis of gender reassignment

    The other area that the EHRC guidance needs to consider more carefully is the risk of harassment on the basis of gender reassignment. In 13.5.6 the consultation version of the guidance discusses the circumstances that might be considered when making decisions on trans or non-binary people’s use of single sex spaces. The relevant text reads (trigger warning: transphobia):

    13.5.6 A legitimate aim for excluding a trans person from a separate or single-sex service for their own biological sex might be to prevent alarm or distress for other service users. Whether it is reasonable to think that the presence in that service of the trans person will cause alarm or distress will depend on all the circumstances, including the extent to which the trans person presents as the opposite sex. For this reason, a service provider (including a person providing a service in the exercise of public functions) should only consider doing this on a case-by-case basis. [my emphasis]

    The suggestion that service providers should consider “the extent to which the trans person presents as the opposite sex” as part of their consideration of circumstances on a case-by-case basis is highly problematic.

    This suggestion seems to invite harassment on the basis of gender reassignment, i.e. service providers are invited to pass judgement on whether a trans person “passes” or not; as this judgement is being made on a case-by-case basis, the service providers are required to assess the gender presentation of a particular individual.

    This is likely to have the effect of creating an intimating, hostile, degrading, humiliating or offensive environment – i.e. harassment on the basis of gender reassignment – for the person being considered. Furthermore, judgements about how a person of any sex should “present” also puts other groups at risk such as butch cis women and femme cis men, and I could not find any mention of intersex people throughout the consultation.

    Implications for higher education institutions

    The high prevalence of sexual violence and harassment faced by trans and non-binary students is particularly relevant in light of the Office for Students’ new regulatory requirements for higher education institutions to address harassment and sexual misconduct.

    Firstly, this regulation includes the requirement to address harassment on the basis of gender reassignment, so the example identified above would contravene the OfS requirements. Second, the regulatory requirements state that each provider will need to understand its student population and the extent to which its students may be likely to experience harassment or sexual misconduct in order to properly address these issues

    As such, higher education institutions in England have obligations under the new regulations to ensure that any steps they take following the Supreme Court judgement take into account the heightened risk of sexual harassment and violence faced by trans and non-binary students (and indeed staff).

    Next steps

    In considering any steps in response to this judgement, HEIs would do well to consider this guide from Gendered Intelligence. Drawing on a legal opinion from the Good Law Project, they make a distinction between single sex spaces or services, i.e. those designated for a group of people (women or men) using the (new) Equality Act 2010 definition of sex; and single gender spaces or services designated for a group of people (women or men) that are trans inclusive. As they note:

    …there is no automatic individual or collective right to ‘single sex’ provision or spaces’ under the Equality Act; this is only justifiable when it is a ‘proportionate means of achieving a legitimate aim’.

    HEIs also have obligations under the Public Sector Equality Duty (PSED) which aims to eliminate discrimination, advance equality of opportunity, and foster good relations. This duty of course applies to all protected characteristics and therefore the evidence presented above of trans and non-binary people’s increased risk of sexual harassment and assault should be considered within PSED implementation. The fundamental point is that “a service for all women does not have to say that it is a single sex provision.”

    It’s important to note that this opinion is likely to be significantly more progressive than those produced by HEIs’ own legal advisers, assuming the latter are primarily concerned with protecting the institution against legal risk. Nevertheless, this means there is a significant amount of space for activism; this judgement reveals how provision of single-sex or single-gender services is a political choice that depends in a large part on the relative power of different voices or groups in arguing their case.

    However, for staff who are attempting to navigate this terrain via policy, a further crucial consideration is put forward by Gendered Intelligence:

    a policy must be implementable and the very act of writing a policy and considering its implementation will establish that taking a trans exclusionary approach around single sex services and spaces will prove to be impossible in practice. Conversely, taking a trans inclusive approach is more practical and workable in reality.

    This is because “there is no evidence or documentation that anyone can provide that proves definitively that they are cisgender. It would not only be pointless to try, but potentially highly intrusive and inappropriate”. It could be that the practicalities end up guiding policy implementation as much as the legal or political arguments.

    Taken as a whole, the Supreme Court judgement, and the EHRC’s interpretation of it, risks making trans and non-binary people even more unsafe by revealing their identities when it may not be safe to do so, and by creating a climate where targeting them for abuse on the basis of their identities is more acceptable. As a result, the figures given above on the prevalence of sexual violence and harassment against trans and non-binary people are likely to grow even larger.

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