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Some of my staff have come to me and demanded that our College bans the niqab. On learning this, some Muslim students have come to me and demanded that we don't ban the niqab, on the grounds of religious freedom and discrimination. What should I do?
Learn more about wearing niqab.
Any decisions you take and any procedures you use to arrive at a decision should be governed by your College policies. Before taking a final decision, you should also take legal advice to be sure that your decision is in conformity with current legislation. Bear in mind that even if your College solicitors advise that you could ban the niqab, you might still face litigation.
Things to consider before taking a decision:
- Make sure your relationship and communication with all parties is excellent during the decision-making process.
- Do not rush into a decision. Make the decision-making task into a public and participatory process, with wide consultation, and ample time and attention given to it.
- You could send out a statement outlining the situation, and asking for representations from interested parties.
- You could ask both sides to make their case in writing.
- You could suggest that an Islamic society or group on campus could organise an event where both views could be aired and discussed publicly in the university community. The event need not be a conventional debate; you might wish to choose some more adventurous formats.
One imaginative way to proceed would be to delegate some responsible students to organise a citizens' jury on the topic. Offer some funding for organisational expenses and speakers' fees, and encourage top-quality input. Have the jury reach a conclusion (even if you don't commit yourself in advance to accepting it).
- Brief yourself on any new and emergent case studies.
- Discern whether there are any health and safety issues (for example, are the lecturers simply motivated by ideology, or are they actually concerned about safety in laboratories on the grounds that the niqab presents a greater risk of catching fire, for example?)
- Obtain a list of why the niqab distresses the lecturers and see if those concerns can be met in some other way. For example, if they claim that they can't get to know students in niqab, suggest that they spend some time one-to-one getting to know the individuals as persons, not as faces in the lecture hall.
Things to consider on implementing the decision:
- Make sure you sustain your good relationship and communication with all parties.
- Make sure your decision is in conformity with the law and with College policies and procedures. Check that your way of handling it is in line with any comparable situations and decisions that have been taken previously, to avoid discrimination.
- Inform the disappointed group in person. Explain the reasons for your decision. Ask if there is anything you can do to mitigate any negative impact on them. Strive to accommodate their requests. If you decide to ban the niqab, for example, can greater efforts and resources be put into women-only facilities or provision?
- Offer to review the decision and any resulting impact at a set date in the future.