From Silent Casualties to Walking Wounded: Exploring Extensions and Intersectionality at Level 1

A blog post by Dr. Wannette Van Eg Dom – Tuinstra and Bryony Gilbert 

In our first blog we explored extensions data and progression on W111, a large ‘gateway’ level 1 law module. We argued that extensions may be a blunt tool to support progression. Our findings revealed that a significant number of students with extensions did not go on to submit those assignments. EAID (module engagement) data for these students showed that they were generally the ‘quiet’ students, not engaging: we termed these students the ‘Silent Casualties’. Our findings underscored the importance of tutors exploring with the student what support they need, rather than waiting for an extension request. We suggested that non-submission masks an underlying problem that may require more than an extension to resolve.

Thinking about this more ‘individualised’ approach we decided to explore the role of equality and its correlation to extensions in supporting student progression. We drilled down into the student profile data on students requiring 3 assignment (TMA) extensions over several presentations on W111. This is a 60-credit module, and according to OU policies, only two extensions are normally permitted, save in exceptional circumstances. In addition, extensions should not normally be granted for TMA03; students who request a third extension therefore should have very exceptional mitigation. This second blog summarises some key findings which we presented at the Advance HE Equality, Diversity, Inclusion conference April 2025.

Beginning with single factor variables, we found confounding correlations. For example, examining ethnicity figures for 2023J, 80.69% of all students were White of whom 11.75% needed exceptional extensions. Of the Black students, who formed 5.18% of the total student population on module, 3.1% needed an exceptional extension. So, on this presentation it appeared that White students needed proportionately fewer extensions than their Black counterparts. However, as percentages of total exceptional extensions, White students were significantly more likely to have an exceptional extension (25%) than Black students (6.8%).

Equality data such as that on awarding gaps on student success (Advance HE Ethnicity awarding gaps in UK higher education in 2019/20) consistently highlights that ethnicity plays a role in attainment and progression. This is in line with our initial findings; however, it is not that Black students are disproportionately requesting and receiving exceptional extensions. If anything, Black students are somewhat disproportionately not receiving exceptional extensions. This may be explained by a reluctance to disclose circumstances such as disability (Butcher, Awan and Gray, 2021).

Somewhat unexpectedly (and not a theme picked up in most higher education and equality research) on W111 it is White students who request and have approved the greater number of exceptional extensions. This is an area for further research.

So, what are the factors underlying these curious, sometimes counter intuitive statistics?

‘One’ factor may be intersectionality (Kimberlé Crenshaw, 1989).

We filtered for Females who are also Black; on every presentation, 100% of those students also had at least one other equality marker, such as Physical Disability or Low PEQ (Prior Educational Attainment). Startlingly, all of those Black Female students with exceptional extensions bar one, had a declared Disability marker. Therefore, being Black and Female, as well as having a Disability, has a determining effect on needing exceptional extensions.

When compared to White Females who had exceptional extensions the picture is less uniform: across all presentations 100 White Females had exceptional extensions, 10x the number of Black Females. However, of this group, 17% had no additional equality markers, and only 47% had a declared Disability, i.e. half that of their Black Female counterparts.

The intersectional factor that is most significant is low PEQ and living in areas of multiple deprivation (IMD-Q1) as additional markers. Of those 100 White Females, 49% have low PEQ and 25% lived in IMD-Q1 areas. For Black Female students who are also Disabled, the low PEQ and IMD-Q1 is of further significance: 40% of the Black Female students had low PEQ and 60% lived in IMD-Q1 areas.  Disability when combined with ethnicity and gender, is significant but of even more salience, is poverty and low educational attainment in conjunction with ethnicity and gender.

Statistically of course, throw in more categories and there should be a rise in exceptional extension rates; but our data raises deeper questions. We would expect that students with disabilities might need exceptional extensions but what is surprising is the correlation between Disability and other markers for Black Female students, where it is not salient for their White counterparts.

Intriguingly there is a small but significant cohort of White Female students who obtain three assignment extensions but whose profiles do not indicate any intersectional factor. This cohort will be investigated further.

We suggest that our ‘intersectional’ students may form an additional cohort of the ‘walking wounded’, for whom more effective triage and support might be identified at the point of the extension request. This can be complicated because some factors affecting progress are invisible to tutors. For example, IMD-Q1, although clearly a factor, is not included on a student’s profile.

For those students seeking exceptional extensions, it is worth investigating their circumstances further; having a holistic and personalised picture of the student can help determine if further or different support is appropriate. For example, if low PEQ seems to be a determining factor, English for Academic Purposes or specific study skills advice may be appropriate.  For some students, simple encouragement or reducing isolation may be all that is needed. On W111, initiatives such as the Module Community Forum, the Peer Mentoring Project and a more scaffolded approach to teaching legal problem solving may be low-cost and effective ways of supporting students with intersectional needs.

Ultimately, what the W111 data tells us is that when looking at supporting student progress we cannot address single factor attainment gaps. Instead, we should adopt an individualised, holistic approach, viewing attainment and progress through a lens that is attuned to intersectional dynamics and individual need.

References 

• Advance HE Ethnicity awarding gaps in UK higher education in 2019/20  https://advance-he.ac.uk/knowledge-hub/ethnicity-awarding-gaps-uk-higher-education-201920
• Butcher, J., Awan, R. and Gray, D. (2021) ‘How do we talk about race...and mental health?’, Widening participation and lifelong learning, 23(3), pp. 147–162. Available at: https://doi.org/10.5456/WPLL.23.3.147.
• Crenshaw, Kimberlé (January 1, 1989). "Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics". U. Chi. Legal F. 1989: 139.
• Gilbert, B., Van Eg Dom –Tuinstra, W. (2024) TMA Extensions: myth busting, triage, and the effective use of the EAID at TMA01 https://law-school.open.ac.uk/blog/tma-extensions-myth-busting-triage-and-effective-use-eaid-tma01?nocache=6755a7206f4b1

Image 

IMAGE Create an abstract image representing a person with multidimensional intersectional identities  (Wannette Van Eg Dom-Tuinstra) to ChatGPT, (08/12/2024)

 

Dr. Wannette Van Eg Dom – Tuinstra

Wannette is an Associate Lecturer teaching on W111 Criminal Law and W330 European Union Law. In addition to her role as a Student Experience Manager in the Law School, she is also the first Head of Equality, Diversity, Inclusion and Accessibility for the Faculty of Business and Law.

 

 

 

Bryony Gilbert

Bryony has been an AL at the Law School since 2006, becoming a Student Experience Manager in 2021, focusing her effort on supporting our Level 1 students.