With the growth in the use of the internet and accompanying digital technologies as part of business as usual for teaching and learning in higher education, there are more opportunities for participation. The rhetoric is that these technologies are able to increase participation by non-traditional cohorts. However, the reality remains that this reliance on connectivity and technology is also preventing many others from participating in higher education. For example, the delivery of course materials and activities exclusively through the internet is problematic, when the distribution of that access is not democratic in itself. Digital equity is a significant human rights issue that needs to be addressed. This paper opens a dialogue about digital equity in teaching and learning in higher education, through the lens of the incarcerated student. While universities move away from delivering printed materials for their remote learners, in every state and territory of Australia, prisoners are prohibited from directly accessing the internet, further disadvantaging this sector of the population. Highlighting this continuing digital divide is crucial to the continuing equitable development of our sector, and for the scholarship of teaching and learning; it is also an issue of humanity. Any serious attempt to encourage disadvantaged cohorts to participate in higher education must include strategies to deal with the continuing marginalisation of students. In the case of incarcerated students, some policy decisions regarding access to the digital environment and its associated hardware may need to be reviewed by correctional jurisdictions. Only in this way will the rhetoric match the reality for the populations who are among our most disadvantaged.

Keywords: Digital equity; higher education; incarcerated students; prisoner education; off-campus learning; eLearning