Refund rejected as 'hush money'

Linda Tang was offered $4616 after taking a case to the Human Rights Commission. Photo / Brett Phibbs

A Chinese nursing student who took the Unitec institute of technology to the Human Rights Commission for allegedly failing her because of her accent has been offered a refund of a year's fees by the polytechnic - to shut up.

Faculty of social health sciences executive dean Wendy Horne has written to Linda Tang offering $4616 - equivalent to a year's study fees - on condition that the matter "remain confidential between us and our respective legal advisers".

Ms Tang, 42, is planning to take her case to the Human Rights Review Tribunal after a Human Rights Commission meeting failed to resolve matters with Unitec.

She says the offer was disgusting and unfair, because what she really wanted was an apology from her tutor.

"This is basically trying to buy my silence with money," Ms Tang said.

"Unitec has blamed me for destroying their reputation, but I think it is really being destroyed by its tutors."

Ms Tang, who holds a bachelor of English degree and is a former English lecturer at a Chinese university, alleges tutors discriminated against her for the way she talked - and failed her because of her accent - rather than her ability in English.

She said she would not accept the "hush money", but would continue to pursue the case because she wanted Unitec to "learn not to discriminate against students, like us Chinese, who speak English differently".

Ms Tang said the issue of a refund was raised during one of her meetings with Unitec, but not the conditions that came with the offer.

Ms Horne said in Unitec's "confidential and without prejudice" letter: "While we do not accept any liability in relation to your appeal, if it will promptly resolve the issues, we are prepared to fully and finally settle this dispute."

The terms of settlement included a confidentiality clause, and that "neither party will bring proceedings in any court, tribunal or other forum relating to the subject matter of this dispute".

Unitec has 180 first-year nursing students, of whom 31 per cent are Asian and of those, 12.7 per cent are Chinese. Chinese students make up 17 per cent of second-year nursing students, and 19 per cent in the final year.

Unitec CEO Rick Ede said the polytechnic rejected Ms Tang's claims the refund was "hush money" and said she had requested the refund through the faculty appeals committee.

"The appeals committee found no evidence of discrimination based on ethnicity or English as a second language," Dr Ede said.

The committee found communication lines with Ms Tang early in her complaint could have been handled better, he said. Procedures had been put in place to provide a more responsive approach to students who might find themselves in similar situations.

"As a result of the distress caused to Ms Tang associated with the handling of her complaint in the early stages, Unitec has accepted the appeals committee's recommendation to refund Ms Tang's tuition fee."

Dr Ede said the polytechnic had also arranged for Ms Tang to continue her nursing studies at the Manukau Institute of Technology.