Formal Equality Legal Compliance and the TEF Impetus

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Formal Equality, Legal Compliance and the TEF: Impetus for Change? Dr Melanie Crofts

Formal Equality, Legal Compliance and the TEF: Impetus for Change? Dr Melanie Crofts

Introduction Purpose: • Does the tendency towards adopting the formal equality stance also impact

Introduction Purpose: • Does the tendency towards adopting the formal equality stance also impact on the case study’s equality processes and, in turn, their response to the Public Sector Equality Duty (PSED)? Will TEF prompt HEIs to move on the equality agenda and comply with the PSED? • Theoretical Underpinnings • Background • Assessing Equality Processes – Continuity and Change: • TEF – A Case of Interest Convergence? • Conclusions Formal Equality, Legal Compliance and the TEF: Impetus for Change?

Theoretical Underpinnings • Gap Studies: “…there will be some disjunction between the law-in-books and

Theoretical Underpinnings • Gap Studies: “…there will be some disjunction between the law-in-books and the law-in-action…” (Brownsword (2006) p 19) • Impact Studies: “aim to help us to understand more about the effect of particular interventions… the general lessons of such studies are that interventions are unlikely to be effective where there is a lack of consensus in support of the law and/or where the costs of compliance are higher than the costs of noncompliance. ” (ibid p 20) • Critical Race Theory: Framework which allows for an examination of the role and effects of race and racism on a society which favours White supremacy. Formal Equality, Legal Compliance and the TEF: Impetus for Change?

Critical Race Theory • Interest convergence: “Racial remedies may… be the outward manifestations of

Critical Race Theory • Interest convergence: “Racial remedies may… be the outward manifestations of unspoken and perhaps subconscious judicial conclusions that the remedies, if granted, will secure, advance, or at least not harm societal interests deemed important by middle and upper class whites. Racial justice – or its appearance – may, from time to time, be counted among the interests deemed important by the courts and by society’s policymakers. ” (Bell (1980) p 523) Formal Equality, Legal Compliance and the TEF: Impetus for Change?

Critical Race Theory • Contradiction-closing cases - victories “provide the solution when the gap

Critical Race Theory • Contradiction-closing cases - victories “provide the solution when the gap grows too large between, on the one hand, the liberal rhetoric of equal opportunities and, on the other hand, the reality of racism. ” (Gillborn (2009) p 68) Formal Equality, Legal Compliance and the TEF: Impetus for Change?

Background • Senior managers viewed equality in terms of individual prejudice and discrimination. •

Background • Senior managers viewed equality in terms of individual prejudice and discrimination. • HEIs are meritocratic. • Concerns raised by BME and disabled staff and students were not apparent. • Equality and Diversity Officer - only actor with a more radical view of equality. Formal Equality, Legal Compliance and the TEF: Impetus for Change?

Assessing Equality Processes – Continuity and Change • Committees disbanded. • Restructure committee structures

Assessing Equality Processes – Continuity and Change • Committees disbanded. • Restructure committee structures and the equality provision - led to the reduction of the EDOs from 2 to 1. • “I’m not sure at times of the problem that is trying to be addressed. …in many parts of the sector there wasn’t a proven case around serious inequality challenges to address. ” (Dean) • EDO removed altogether. Formal Equality, Legal Compliance and the TEF: Impetus for Change?

Summary • Formal equality stance, lack of external pressure. • Institutional barriers not seen.

Summary • Formal equality stance, lack of external pressure. • Institutional barriers not seen. • Discourses of meritocracy and neutrality. • No interest convergence – BUT TEF? • “[S]ince the formation of the Coalition Government in May 2010, we have seen the articulation, and now enactment, of a different approach to tackling equality. Rather than continuing to develop equality architecture, this has been weakened and reduced with far greater reliance placed on voluntary action as a means to deliver equality. ” (Fawcett Society) Formal Equality, Legal Compliance and the TEF: Impetus for Change?

TEF – A case of Interest Convergence? What is the TEF: • Teaching Quality

TEF – A case of Interest Convergence? What is the TEF: • Teaching Quality (TQ), Learning Environment (LE), and Student Outcomes and Learning Gain (SO) • Contextual data – age, race, disability and gender. • Role of NSS Formal Equality, Legal Compliance and the TEF: Impetus for Change?

TEF – A case of Interest Convergence? Equality considerations: • Student feedback, bias against

TEF – A case of Interest Convergence? Equality considerations: • Student feedback, bias against female and international lecturers, unconscious bias during teaching observation. • Differential outcomes for disadvantaged groups. • Accessibility - could also be mentioned in relation to the curriculum, learning environment and students’ academic experiences. • Non-continuation data re ethnicity, sex and disability. • Specialist advice to inform the assessment from equality and diversity specialists. Formal Equality, Legal Compliance and the TEF: Impetus for Change?

TEF – A case of Interest Convergence? Potential equality impact of TEF: • Consideration

TEF – A case of Interest Convergence? Potential equality impact of TEF: • Consideration of the whole student journey. • Attainment gap and associated interventions • Curriculum design • L+T strategies. • Intersectionality. Formal Equality, Legal Compliance and the TEF: Impetus for Change?

TEF – A case of Interest Convergence? But: • Overconfidence “Time and again in

TEF – A case of Interest Convergence? But: • Overconfidence “Time and again in the Gold award panel statements we see a conclusion that “that students from all backgrounds achieve consistently outstanding outcomes. ” Such a declaration regarding ‘all backgrounds’ and ‘consistency’ needs careful handling. ” (Jess Moody ECU) • Homogenised student experience. • Impact on women, Islamophobia, anti-Semitism, racism, mental health issues. • Race Charter? Athena SWAN? Formal Equality, Legal Compliance and the TEF: Impetus for Change?

Conclusion: • Have we reached a point of interest convergence? • Impact of SQE?

Conclusion: • Have we reached a point of interest convergence? • Impact of SQE? • Discussion re how these issues will impact on individual subject areas. • Remain sceptical. Formal Equality, Legal Compliance and the TEF: Impetus for Change?

References: • Ahmed, S (2012) ‘On Being Included: Racism and Diversity in Institutional Life’

References: • Ahmed, S (2012) ‘On Being Included: Racism and Diversity in Institutional Life’ Duke University Press • Bell, D (1980) ‘Brown v Board of Education and the Interest-Convergence Dilemma’ Harvard Law Review Vol. 93 pp 518 - 533 • Brownsword, R (2006) ‘An Introduction to Legal Research’ www. wellcome. ac. uk/assets/wxt 030897. pdf (accessed 19/02/08) • De. Cuir, J. T. and Dixson, A. D. (2004) ‘“So When it Comes Out, They Aren’t Surprised That it is There: ” Using Critical Race Theory as a Tool of Analysis of Race and Racism in Education’ Educational Researcher Vol. 33 No. 5 pp 26 -31 • Delgado, R and Stefancic, J (2001) ‘Critical Race Theory: An Introduction’ New York University Press • https: //www. ecu. ac. uk/ (accessed 22/03/18) • Fawcett Society (July 2013) ‘Red Tape, Red Line: Five Reasons why Government should not “Drop its Duty” to Tackle Women’s Inequality’ http: //www. fawcettsociety. org. uk/wp-content/uploads/2013/07/Red-Tape-Red-Lines-five-reasons-why-government-should-not-drop-its-dutyto-tackle-womens-inequality. pdf (accessed 21/07/13) • Gillborn, D (2008) ‘Racism and Education: Coincidence or Conspiracy? ’ Routledge • Gillborn, D. ‘Burning Down the House? Refuting the Myths and Recognising the Promise of Critical Race Theory’ in Pilkington et al (Eds. ) (2009) • Hiraldo, P (2010) ‘The Role of Critical Race Theory in Higher Education’ The Vermont Connection Vol. 31 pp 53 – 59 • Hylton, K ‘Critical Race Theory: An Extended Introduction’ in Pilkington et al (Eds. ) (2009) • Tate, W. F. (1997) ‘Critical Race Theory and Education: History, Theory and Implications’ Review of Research in Education Vol 22 American Educational Research Association pp 195 – 247 Formal Equality, Legal Compliance and the TEF: Impetus for Change?

Thank You - Questions? Dr Melanie Crofts Email: Melanie. Crofts@Northampton. ac. uk Twitter: @melaniecrofts

Thank You - Questions? Dr Melanie Crofts Email: Melanie. Crofts@Northampton. ac. uk Twitter: @melaniecrofts Approaches to Inequalities Conference 2018 – 19 th September AIRgroup@northampton. ac. uk