Concepción Court Rules University of Development’s Actions Illegal and Orders Academic Adjustments for Student with Autism Spectrum Disorder

Original article: Corte de Concepción establece actuar ilegal y arbitrario de Universidad del Desarrollo y le ordena adecuar carga académica de estudiante TEA

The Concepción Court of Appeals has accepted a protection appeal filed by a student diagnosed with Autism Spectrum Disorder (ASD) and has ordered the University of Development in Concepción to annul the courses scheduled for the second semester of the 2025 academic year, refund tuition fees paid between October and December of the previous year, and make necessary adjustments to allow the student to continue her studies.

In a unanimous ruling, the Third Chamber of the appellate court—comprised of Judges Rodrigo Cerda San Martín, Gonzalo Rojas Monje, and Gonzalo Díaz González—supported the constitutional action and established the illegal and arbitrary actions of the institution by conditioning the implementation of special protocols on the signing of an «informed consent» document.

The ruling highlights that the student promptly informed the University about her medical condition (ASD, severe anxiety disorder, and secondary ADHD), requesting measures that would allow her to study under equal conditions.

However, «only during the years 2023 and 2024 did the university implement some protocols and adjustments aimed at ensuring adequate academic integration corresponding to the specific characteristics and needs of the petitioner,» the court noted. Nevertheless, it added that «in April 2025, the Inclusion Unit of the university conditioned the implementation of reasonable adjustments on the signing of a document labeled informed consent.»

At this point, the Court emphasized that «an analysis of the regulations governing the obligations of higher education service providers (…) concludes that any measures, protocols, or reasonable adjustments that must be implemented in favor of a student to guarantee their inclusion in higher education programs are not contingent upon the signing of any type of document, nor does the lack of such a signature suspend the implementation of these adjustments.»

See the full ruling HERE

El Ciudadano