Accommodation Resolution for Students with Disabilities

Preamble

The duty to accommodate in the post-secondary setting is governed by Ontario Human Rights legislation (2014) and the Accessibility for Ontarians with Disabilities Act (AODA, 2005; Reg 191/11), and is based on the three principles of dignity, individualization, and integration/full participation.  The Ontario Human Rights Code (OHRC, 2018) states that it is the responsibility of educational institutions to develop an effective and transparent process to resolve accommodation refusal disputes.   

The Ontario government established the Postsecondary Education Standards Development Committee in 2017, to make recommendations for new accessibility standards for education, including the postsecondary education sector. 

The Post-Secondary Education Standards Development Committee (2021) tabled their final report and 179 recommendations geared to remove barriers in education for persons with disabilities with an implementation goal of January 1, 2025.  Recommendation 112 calls for postsecondary institutions to develop an internal dispute resolution review process to resolve disputes that arise in the accommodation process. 

To this end, the Equity and Human Rights Office (EHRO) and Student Accessibility Services (SAS), have collaborated and developed a procedure for students registered with Student Accessibility Services who have concerns with their academic accommodation plan (process of accommodation and/or the accommodation provided).   An Accommodation Resolution Committee (ARC) has been proposed with both early resolution and appeal procedures for students and/or their advocates to resolve accommodation disputes. 

Prior to initiating an accommodation appeal, the student should review the following considerations: 

1. The presence of a disability does not inform the duty to accommodate but rather the student must be functionally limited by the disability to warrant the need for accommodation.   
2. The accommodation process is a shared responsibility whereby the student is an active participant in communicating their needs, collaborating with the accommodation provider, and meeting performance standards once the accommodation has been put in place.   
3. The OHRC asserts that an “accommodation will be considered appropriate if it will result in equal opportunity to attain the same level of performance, or to enjoy the same level of benefits and privileges enjoyed by others, or if it is proposed or adopted for the purpose of achieving equal opportunity and meets the student’s disability-related needs. The duty to accommodate requires that the most appropriate accommodation be determined and provided unless this causes undue hardship” (OHRC, Appropriate Accommodation, 2018).  
4. Human rights case law makes clear that the purpose of the Code is to accommodate a person’s needs, not their preferences. If there is a choice between two accommodations that satisfy the person’s needs in a dignified way, then the accommodation provider is entitled to select the one that is less expensive or less disruptive to the organization.   
5. The right to be free from discrimination is not infringed if the person with a disability is incapable of meeting and/or demonstrating the acquisition of the essential requirements or learning objectives of the course. 
6. There is a distinction between academic accommodation and academic consideration.  Academic accommodations are based on a documented disability whereas academic consideration is based on compassionate grounds (i.e. acute and common illness, loss/grief, financial/housing insecurity; caregiving responsibilities) or on situational grounds (legal or family commitments, religious accommodation, unsanctioned university events). These procedures apply only to academic accommodation. 

 

Early Resolution Procedures 

Early Resolution Procedures aim to provide an effective and responsive approach to resolving accommodation concerns. This process can conclude at any stage where a satisfactory outcome has been achieved.  

1. Meet with your SAS Advisor to discuss the accommodation concern.  
2. If your SAS Advisor is not able to satisfactorily resolve the concern, you may appeal to the Assistant Director, Student Accessibility Services (SAS) or Assistant Director, Student Wellness (Durham) for review. 
3. If the Assistant Director, SAS/Assistant Director, Student Wellness (Durham) does not satisfactorily resolve the concern, you may request an appeal by the Accommodation Resolution Committee (ARC). 
4. If your instructor did not satisfactorily act on a SAS-approved accommodation plan, your SAS Advisor will reach out to the instructor to understand the issues involved.  A meeting with the Instructor, SAS Advisor, and you may be held to review the accommodation plan that would allow you to meet the learning objectives in the course. 
   1. If, following consultation with your instructor, the accommodation request is not satisfactorily resolved, the Assistant Director, Student Accessibility Services (SAS) or the Assistant Director, Student Wellness (Durham) will reach out to the Departmental Chair to review and recommend solutions.  
   2. If the matter is not resolved, the student may request an appeal by the Accommodation Resolution Committee (ARC). 

 

Appeal Procedures 

This process can conclude at any stage where a satisfactory outcome has been achieved. 

1. The student must submit an appeal request in writing to ARC and include details related to the accommodation concern, reasons for appeal, and supporting documentation. 
2. Preliminary Review by ARC: The ARC chair will review the appeal request to ensure completeness and adherence to the appeal guidelines.  The Chair will also review the considerations noted above.  If necessary, the ARC chair may request additional information from the student, SAS Advisor, or Instructor.  If the evidence is conclusive in support of accommodation, the ARC Chair will reach out to the Instructor, Department Chair and/or Dean to provide clarity on the need to accommodate.  
3. Appeal Hearing:  A formal hearing will be convened where the student or advocate presents their case in person or in writing, including the reasons for the appeal and supporting evidence.  The individual or individuals asserting that the accommodation request is not appropriate and/or proposing alternative accommodation, may present their case in writing or attend in person to present their reasons for denying the proposed accommodation.   
4. Committee Deliberation:  ARC reviews the presented information, considers relevant policies and legislation. A decision will be made based on the merits of the case and guided by the Ontario Human Rights Code (OHRC) and Accessibility for Ontarians with Disabilities Act (AODA). 
5. Notification of Decision: The student will be informed in writing of the committee’s decision which will include an outline of the rationale. The SAS Advisor will work with the parties to implement the approved accommodation(s).  
6. Third Party Review: The student may request a third-party independent review of the decision made by the ARC.  The ARC Chair will have the discretion to approve an impartial dispute resolution mediator with expertise in accessibility and postsecondary education.   
7. The student shall be informed of the option to pursue their concern through the OHRC.  
8. Conclusion & Record keeping:  Close the appeal process and maintain records of the proceedings for future reference. 

 

Terms of Reference for the Accommodation Resolution Committee (ARC) for Students with Disabilities  

 

1. Introduction 

1.1. This document outlines the Terms of Reference (TOR) for the Accommodation Resolution Committee (ARC) for Students with Disabilities. The ARC was established to provide an impartial and fair process for addressing accessibility-related disputes or complaints related to a failure to accommodate students with disabilities at Trent University.  The ARC is modeled to be a respectful, non-adversarial internal dispute resolution review process for hearing, mediating, and deciding on the concerns of students with disabilities.   

 

2. Purpose and Objectives 

2.1. The primary purpose of the Accommodation Resolution Committee for Students with Disabilities is to ensure that individuals with disabilities have access to a responsive and equitable process to address concerns about their accommodations within Trent University. 

2.2. The specific objectives of the ARC include: 

a) Providing a confidential, impartial, and accessible avenue for individuals to file complaints related to accommodation. 

b) Investigating complaints thoroughly, fairly, and in an expeditious manner. 

c) Offering recommendations for resolution and improvement where applicable. 

d) Promoting a culture of inclusivity and accommodation within the institution. 

 

3. Composition 

3.1. The Accommodation Resolution Committee (ARC) for Students with Disabilities shall consist of members who are impartial and have expertise in matters related to accommodation as defined by the AODA. Where possible, they should not have taken part in any of the earlier discussions or decisions regarding the services, support, or accommodations for that student. 

3.2. The committee shall include: 

a) An independent chair and co-chair with expertise in disability accommodations and/or conflict resolution. 

b) One Faculty member and one staff member (note-taker) with knowledge of accommodation process and procedures. 

c) Student representative with experience or interest in accessibility and inclusion. 

d) An individual from the institution's accessibility office. 

3.3. The committee shall strive to ensure diversity in its membership, representing various backgrounds and perspectives. 

 

4. Roles and Responsibilities 

4.1. The roles and responsibilities of the ARC members include: 

a) Reviewing and evaluating complaints filed by individuals regarding accommodation. 

b) Conducting thorough investigations by gathering relevant information and interviewing involved parties, as necessary. 

c) Maintaining confidentiality and impartiality throughout the complaint resolution process. 

d) Making recommendations for resolutions and, if applicable, suggesting improvements to institutional accommodation practices. 

e) Providing a written report to the complainant and relevant parties outlining the findings and recommendations. 

f) Promoting awareness of the ARC process and its availability to the campus community. 

 

 

5. Complaint Procedures 

5.1. Individuals wishing to file a complaint related to accommodation shall follow established complaint procedures, including submitting a written complaint to the ARC. 

5.2. The ARC shall maintain records of all complaints, investigations, and outcomes while respecting confidentiality. 

5.3. Every effort shall be made to mediate and resolve disagreements between the student and the university.  If the matter cannot be resolved by agreement through internal processes, a qualified mediator who is external to the university will be appointed at no cost to the student. 

 

6. Meetings and Operations 

6.1. The ARC shall meet as needed to review and investigate complaints. 

6.2. Meetings may be held in person or virtually, and the chairpersons are responsible for setting agendas and facilitating discussions. 

 

7. Reporting 

7.1. The ARC shall provide regular reports on its activities and recommendations to the institution's senior leadership, ensuring transparency and accountability. 

 

8. Review and Amendments 

8.1. These Terms of Reference shall be reviewed periodically to ensure their continued effectiveness. Amendments may be made as necessary, with the approval of the ARC members. 

 

9. Conclusion 

9.1. The Accommodation Resolution Committee plays a critical role in ensuring that individuals with disabilities receive appropriate and equitable accommodation within Trent University. By upholding fairness, impartiality, and transparency, the ARC contributes to a more inclusive and accessible educational environment. 

 

10. Members 

Director – Student Wellness Centre, Health, Counselling & Accessibility Services – Alternate. 

Assistant Director, Student Accessibility Services [SAS] 

Director, Equity and Human Rights Office [EHRO] – Alternate 

Human Rights Advisor, Equity and Human Rights Office [EHRO] 

Assistant Director, Student Wellness (Durham) 

Director, Student Affairs, Durham – Alternate 

TCSA Rep (TBA) 

Faculty Rep (TBA) – 1 year commitment 

Student Affairs Rep (TBA)