Reyes-Gonzalez -V- Sydney Institute Of Technology [1998] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Reyes-Gonzalez -V- Sydney Institute Of Technology [1998] NSWEOT

COMPLAINANT: Raymon Reyes-Gonzalez

RESPONDENT: Sydney Institute of Technology

NUMBER: 4 of 1997

Judge H G Murrell S.C. ( Senior Judicial Member ) TRIBUNAL: Mr L Lau Mr O McDonald O.A.M.

GROUNDS OF COMPLAINT: Disability and race discrimination in education

DATES OF HEARING: 11/14/1997; 12/15/1997 DATE OF JUDGMENT: 03/06/1998

Complainant: In Person LEGAL REPRESENTATIVES: Respondent: Ms S Winters of Counsel

JUDGMENT IN FAVOUR OF: Complainant

Summary

Background

1. The complainant was a person of Nicuraguan origin with a history of schizophrenia. From early 1994 he was student enrolled in a course run by the respondent.

2. The complainant lodged a complaint in relation to his treatment as a student. Pursuant to section 90(1), the President declined the complaint as "lacking in substance". At the complainant's request, the President referred the complaint to the Equal Opportunity Tribunal.

3. Pursuant to section 111(1) of the Anti-Discrimination Act 1977, the respondent asked the Tribunal to dismiss the complaint on the basis that it was misconceived, lacking in substance or for some other reason should be dismissed. The respondent claimed that (1) some of the allegations which the complainant wished to pursue in the Tribunal were not specifically raised in the original complaint or the President's Report, (2) most of the allegations were misconceived or lacking in substance, and (3) some of the allegations were so vaguely formulated that the respondent could not adequately respond.