Senate Agenda, May 21, 1999 - EXHIBIT III, Appendix 1
POLICY ON ACADEMIC ACCOMMODATION FOR STUDENTS WITH DISABILITIES (S.4326, S.89-82, S.93-81, S.94-65, S.94-263, S.95-12, S.96-235, S.97-273)
"The University of Western Ontario is dedicated to the advancement of learning ... and .. seeks to provide an environment of free and creative enquiry.... As part of our commitment to excellence, we seek to recognize and remove the obstacles faced by traditionally under-represented groups in order to facilitate their access to and advancement at Western." (Leadership in Learning, pp.3, 4). The University also accepts that education is defined as a "service" under the Human Rights Code of Ontario (Section 1) which states that: "Every person has the right to equal treatment with respect to services, goods and facilities, without discrimination because of ... handicap." The University, therefore, recognizes its obligation to provide reasonable academic accommodation to students with disabilities where the accommodation can be implemented without compromising the integrity of the academic course or program. The provisions of this Policy do not apply if the University determines that the necessary pedagogical, human, physical or financial resources are not and cannot be made available to accommodate a particular disability.
In its efforts to accommodate disabilities appropriately, the approach adopted by the University is collaborative, involving the student requesting the accommodation, the instructor, department (or school or program where applicable), and/or Faculty which provides the accommodation, and Services for Students with Disabilities (SSD) in the Student Development Centre which coordinates the request for and provision of accommodation.
The University also recognizes that the process of requesting, granting, and making arrangements for academic accommodation imposes certain responsibilities on all those involved.
The Responsibility of the Student: Students seeking accommodation must make timely, formal requests and provide relevant medical or psychological documentation sufficient to allow the University to determine whether they qualify for academic accommodation and what kind of accommodation might be required. Such requests must identify the courses for which accommodation is being sought and must be accompanied by (1) any available medical or psychological documentation of the diagnosed disability, (2) documentation of previous academic accommodation from the educational institutions that provided it and (3) any other information that SSD may give notice it requires. Students are also responsible for following SSD's instructions relating to the implementation of an accommodation. Failure to provide the required documentation in a timely fashion or failure to follow SSD's instructions may delay or prevent the implementation of an academic accommodation for a particular course.
In making formal requests to SSD, students are deemed to consent to the release, by SSD to individual faculty members, of information about the nature of their diagnosed disability. This information should be sufficient to enable faculty to engage in informed discussions with the student and SSD on the manner and extent to which the student's needs, arising out of the diagnosed disability, can and should be accommodated. The student must also be prepared to work with SSD and the instructor in developing an appropriate accommodation.
The Responsibility of the Instructor, Chair(1), Dean(2): The decision whether to accept an accommodation suggested by SSD rests with the instructor in the first instance. The instructor, Chair or Dean may reject a suggested accommodation only if it would compromise the integrity of the academic course or program. All those involved in making the decision must recognize their obligation to accommodate where possible, and their obligation to respect both the privacy and dignity of the student, as well as the integrity of the academic programs.
It is the responsibility of the instructor to identify the essential academic requirements of the particular course or program so that the discussions are properly informed. Where possible, it is recommended that instructors provide SSD with a summary of these essential academic requirements prior to or at the beginning of classes. The instructor is responsible for working with SSD to determine the manner and extent to which the student's needs, arising out of the diagnosed disability, can and should be accommodated. It is equally the responsibility of the instructor to question a suggested accommodation if it is inappropriate given the essential academic requirements of the course or program, or if it would alter the essential academic requirements of the course or program. In such circumstances, instructors are encouraged to suggest alternative accommodations, where appropriate.
The Responsibility of Services for Students with Disabilities: It is the role of SSD to provide information and advice to the University community concerning the provision of services to students with disabilities, including academic accommodation. SSD will receive documentation from students concerning their disabilities to be held in confidence. These documents may provide the basis for advice offered to instructors, departments or Faculties concerning the accommodation to be offered. It is the responsibility of SSD to satisfy itself that the student has an assessed disability and that the disability requires some form of accommodation. An accommodation suggested by SSD will be based on its determination of the student's needs and on any course and program information provided to it. SSD shall provide sufficient information to the instructor, department, or Faculty about the nature of the student's diagnosed disability and consequent needs to permit an informed discussion of the manner and extent to which those needs can and should be accommodated in light of the essential academic requirements of the course or program.
Faculty Advisors: A panel of faculty advisors who are specialists in disabilities will be appointed by the Provost. These individuals shall serve as specialised consultants to the university community with respect to disability issues. Their role will be to provide advice on request to SSD or the instructor, concerning ways to accommodate a particular disability. The procedures for appointing the faculty advisors are as follows:
PROVISION OF INFORMATION
All material released by SSD shall be equally available to the instructor, Chair and Dean.
PROCEDURES
In applying the policy, the following procedures will normally be followed:
a) incoming first year or transfer students should submit all required documentation to SSD by August 1 or as soon as possible after they receive their offers of admission from the University;
b) returning upper year students should submit all required documentation by August 1 or as soon as possible after registration;
c) students requesting accommodation for courses offered in Intersession, Distance Studies, Summer Day and Summer Evening Sessions, should submit all required documentation to SSD at least one month before the start of classes or as soon as possible after they receive their offers of admission;
d) graduate students should submit all required documentation to SSD as soon as possible after they receive their offers of admission from the University and accommodation requests for a particular term should be submitted to SSD, with all required documentation, at least one month before the start of a term.
Although exceptions based on individual circumstances will be considered, accommodation cannot be guaranteed in a given term for a student who has not made a timely request.
If the Dean accepts the accommodation proposed by SSD, the instructor may appeal the decanal decision to the Provost, (or to the Principal in the case of an Affiliated College). The Provost's (or Principal's) decision is final and not appealable to SRBA.
A copy of the final decision of the University shall be forwarded to the Dean of the student's home Faculty.
Faculty Handbook on the Implementation of the Policy
on Academic Accommodation for
Students with Disabilities
Why Does Western Accommodate Students with Disabilities?
1. It is the law in Ontario.
Section 1 of the Human Rights Code of Ontario states:
Every person has the right to equal treatment with respect to services, goods and facilities, without discrimination because of...handicap.
Education has been conclusively determined by the Ontario Courts to be a "service" within the meaning of the Human Rights Code. In April 1988, amendments to the Code were proclaimed which require that persons with disabilities be accommodated unless such accommodation would cause undue hardship. Therefore, it is the University's legal responsibility to make its services available in a manner that does not discriminate, by attempting reasonably to accommodate student disabilities.
2. It is University Policy.
Western's Policy on Academic Accommodation for Students with Disabilities states: "The University . . . recognizes its obligation to provide reasonable academic accommodation to students with disabilities where the accommodation can be implemented without compromising the integrity of the academic course or program." Western's policy is collaborative involving the student, the instructor and Services for Students with Disabilities (SSD). The Policy does not apply if the University determines that the necessary pedagogical, human, physical or financial resources are not and cannot be made available to accommodate a particular disability.
3. It is consistent with the University's strategic plan.
The University of Western Ontario's strategic plan, Leadership in Learning, states: "As part of our commitment to excellence we seek to recognize and remove the obstacles faced by traditionally under-represented groups in order to facilitate their access to and advancement at Western" (p. 3). The strategic plan also states: "... Western must make every effort to be a welcoming environment for students and faculty from the designated groups, including ... persons with disabilities" (p. 18).
4. The benefits are widespread and attainable.
Many of the changes recommended by SSD -- for example, clear articulation, making eye contact, or clearing the aisles in a classroom or in the labs -- can benefit all students. Most barriers for students with disabilities can be overcome with planning, flexibility, and open communication. Resources and assistive devices, available through SSD and the Adaptive Computing Technology Centre, are making it easier for Western to provide a range of opportunities for students with disabilities.
What are the Required Elements of Accommodation?
There are two key elements to accommodating students with disabilities:
1) Individualization. The essence of accommodating students with disabilities successfully is individualization. When barriers to equal opportunity are encountered, students with a disability must be considered individually to determine if specific changes to their academic programs or to their physical environment are needed. There is no formula for alleviating the barriers that confront people with disabilities. Each person's needs are unique and must be considered afresh when a barrier is encountered. A solution that meets the need of one student may not be suitable for another. However, it is often the case that accommodations designed to meet the particular needs of one individual will benefit others with and without disabilities.
Both federal and provincial courts have affirmed the legality of the concept contained within human rights legislation that equality of opportunity does not mean treating people exactly the same. Instead, equality means the recognition and the duty of an individual or organization to recognize and reasonably accommodate the differences that may be presented by persons with disabilities. In short, equality does not mean sameness.
2) Respect and Dignity. Respecting the dignity of students with disabilities means acting in a manner that recognizes their privacy, confidentiality, comfort, independence and self-worth in order to allow them full academic and extra-curricular participation within our community.
Accommodating students with disabilities has nothing to do with leniency or providing unfair advantage: it has everything to do with ensuring access to opportunity. Once access to opportunity is provided in a manner consistent with Western's policy, it is the student's responsibility to meet the academic program requirements.
What Constitutes an Essential Requirement in an Academic Course or Program at Western?
Specific determinations of what constitutes essential tasks or requirements within university academic programs have not been established.
Within an academic setting, the inflexible imposition of a program requirement (e.g. the amount of time to write an examination, attendance or participation in a clinical practicum which is inaccessible, etc.) may illegally discriminate against students who need to learn or demonstrate competency in a different way. Arbitrary enforcement of such requirements could constitute discrimination under human rights law. The University and its officers must be able to demonstrate that a requirement has been imposed honestly and is legitimately related to meeting the academic demands associated with a particular course or program of study. What will satisfy this test will vary in each case. However, in every instance, the University and its faculty must carefully consider the underlying rationale for any rule it wishes to impose when assessing a request for academic accommodation.
The University's Policy recommends that, where possible, instructors provide SSD with a summary of the essential academic requirements of their courses prior to or at the beginning of classes. The Policy further specifies:
The instructor is responsible for working with SSD to determine the manner and extent to which the student's needs, arising out of the diagnosed disability, can and should be accommodated. It is equally the responsibility of the instructor to question a suggested accommodation if it is inappropriate given the essential academic requirements of the course or program, or if it would alter the essential academic requirements of the course or program. In such circumstances, instructors are encouraged to suggest alternative accommodations, where appropriate.
Who Has Responsibility for Proving that an Academic Accommodation Causes 'Undue Hardship'?
Ontario human rights law states that it is the person responsible for making the accommodation who must prove that the accommodation causes undue hardship. Depending on the nature and circumstances of each situation it will be the responsibility of the appropriate University officer(s) to demonstrate that providing a requested academic accommodation causes undue hardship. It is not up to a student with a disability to prove that the requested academic accommodation does or does not cause undue hardship.
How does UWO's Policy Work?
The University's Policy is a collaborative one involving the student who requests accommodation, Services for Students with Disabilities (SSD), which co-ordinates the process and the student's instructor(s), department or faculty. Effective and open communication is the key to assessing and meeting the needs of both students and instructors.
What are the Responsibilities of Students, SSD and Faculty?
Western's policy recognizes that the process of requesting, considering, granting and making arrangements for academic accommodations imposes certain responsibilities on those involved.
The Responsibilities of a Student
Requests are to be made in writing to the Coordinator of SSD. Incoming first year or transfer students should submit all required documentation to SSD by August 1 or as soon as possible after they receive their offer of admission from the University. It is strongly recommended that returning students contact SSD before the end of classes to ascertain what documentation will be needed if they intend to request accommodation in the following academic year. All required documentation should be submitted by August 1 or as soon as possible after registration. Students requesting accommodation for courses offered in Intersession, Distance Studies, Summer Day and Summer Evening Sessions, should submit all required documentation to SSD at least one month before the start of classes or as soon as possible after they receive their offers of admission. Graduate students requesting academic accommodation should submit all required documentation to SSD as soon as possible after they receive their offer of admission from the University and accommodation requests for a particular term should be submitted to SSD, with all required documentation, at least one month before the start of a term.
It is the responsibility of students requesting accommodation to ensure that complete documentation has been submitted to SSD by these deadlines where possible. If the required documentation is not submitted by these deadlines, the University may not be able to review the request for accommodation. In no event does the University accept responsibility for any delays in arranging accommodation due to insufficient or late documentation. Therefore, it is strongly recommended that students contact SSD as early as possible to ascertain the appropriateness of their documentation, so that further documentation, if required, can be provided to SSD within the time frames set out above.
SSD must be provided with sufficient detail in order for it to assess the request and recommend an appropriate accommodation. It will require adequate medical/psychological assessments, documentation of previous academic accommodations from other educational institutions, and details regarding the courses for which academic accommodation is sought. Students should contact SSD to obtain a complete list of the documentation required. Students requesting academic accommodation are obliged to provide information within their knowledge concerning the particular circumstances in which accommodation is needed or the adaptive equipment required in specific situations.
In the absence of acceptable documentation, arrangements must be made for assessment of the disability. SSD may provide assistance with these arrangements but cannot guarantee the timely accommodation of students who make requests but have not been professionally assessed in a manner acceptable to SSD. Documentation must come from a practising professional qualified to make the assessment (e.g., a registered psychologist or psychiatrist or ophthalmologist). In those situations where SSD determines that a student must provide acceptable or additional documentation of a disability, the appropriate officers of the University will determine whether the student or the institution will incur the cost.
Although not required, students are strongly encouraged to discuss their accommodation needs with their instructors. In making formal requests to SSD, students are deemed to consent to the release, by SSD to individual faculty members, of information about the nature of their diagnosed disability. This information should be sufficient to enable faculty to engage in informed discussions with the student and SSD on the manner and extent to which the student's needs, arising out of the diagnosed disability, can and should be accommodated. The student must also be prepared to work with SSD and the instructor in developing an appropriate accommodation.
A student with a disability should not be required to disclose confidential medical information to instructors. For example, a student who needs a flexible schedule in order to accommodate daily psychiatric appointments during an examination period should not be required to reveal to an instructor the nature of the appointments as long as acceptable evidence of the need is on file with SSD.
The Responsibilities of SSD
Services for Students with Disabilities is a unit within the Student Development Centre. The staff members in SSD include registered psychologists and counsellors. It is the role of SSD to provide information and advice to the University community concerning the provision of services to students with disabilities, including academic accommodation.
As part of its role, SSD reviews and evaluates the sufficiency of medical and/or psychological assessments in support of student requests for academic accommodation. If SSD is satisfied that a student has a disability, it must determine if the disability is one that may require accommodation by the University and where appropriate it will recommend a specific academic accommodation to an instructor. SSD staff possess expertise in assessment and are charged with administrative responsibility for recommending accommodation and assisting with the appropriate arrangements for accommodation.
Students are required to make their accommodation requests to SSD and provide acceptable medical or psychological documentation to support their requests according to the deadlines set out under The Responsibilities of a Student. If it determines that these medical or psychological assessments are insufficient or inappropriate, SSD may require additional testing and/or assessments before it will consider the request for accommodation. In appropriate cases, assessments may be done by SSD psychologists. If SSD decides there is not adequate evidence of a disability or that the disability is not one requiring academic accommodation by the University, it will so advise the student. If SSD determines that there is a disability requiring academic accommodation, it will contact the course instructor. A recommended accommodation will take into account the student's functional needs and abilities, recommendations contained in the student's medical/psychological reports, the student's past experience with various types of accommodation, and any course information that has been provided to SSD.
SSD is also available to facilitate any special arrangements that need to be made in providing accommodation. SSD will provide certain special services and equipment to eligible students. These include:
When the accommodation involves an examination, SSD will ensure that the security measures are as stringent as for any other examination.
The Responsibilities of an Instructor
The instructor's role includes advising on the essential academic course requirements and on the properties of proposed evaluation methods. This information is key to determining appropriate accommodation. The instructor also has the responsibility to treat all students in the course fairly. In the process of determining appropriate academic accommodation, the instructor and SSD are essential partners.
It is the instructor's responsibility to participate in discussions of the manner and extent to which the student's needs, arising out of the diagnosed disability, can and should be accommodated. A plan for accommodation could be as simple as adopting the suggestions made by the student or SSD, or exploring the feasibility of an alternate form of accommodation. The instructor also has a responsibility to act in a manner that is consistent with the University's statutory requirements under the Human Rights Code of Ontario.
Western's policy identifies the course instructor as the one to undertake this responsibility. The Senate Committee on Academic Policy and Admissions (SCAPA) considered a request to allow "....a course coordinator in a multiple-sectioned class to assume the role now assigned to the instructor...[I]t was the unanimous opinion of the Committee that the Policy's current wording is both adequate and appropriate." (Senate Minutes of 14/11/97, Exhibit III, p. 5.) A course coordinator may not assume the responsibility of the course instructor under Western's policy.
The University Senate's policy does not specifically contemplate students with disabilities directly approaching course instructors for academic accommodation. However, should this occur, an instructor must make a referral to SSD. Western's policy is clear that students requesting an academic accommodation must have appropriate documentation on file with SSD. Instructors should be mindful of this requirement and not solicit such information directly from the student.
As noted above, under the heading The Responsibilities of a Student, students seeking accommodation must consent to the release of information sufficient to enable the instructor to have an informed discussion with SSD. Students are not expected to consent to SSD's release of the file containing the diagnostic assessment of their disabilities. Once SSD has determined that there is a disability, the validity of the assessment cannot be at issue. Accordingly, the information to be provided to instructors is limited to that which is sufficient to enable them to determine either whether a suggested accommodation is appropriate or whether there is a more appropriate accommodation, given the essential academic requirements of the course.
The Responsibilities of a School, Department or Faculty
The School, Department or Faculty has the primary responsibility for adapting its services to the needs of students with disabilities who require accommodation. Where a School, Department or Faculty cannot provide the required accommodation without additional financial or physical resources, it may request assistance from the Provost's office. In exercising this responsibility, all those involved must recognize the University's obligation to provide reasonable academic accommodation that respects both the privacy and dignity of the student, as well as the integrity of the academic programs.
Where Can An Instructor Get Advice or Assistance If A Problem Occurs?
Depending on the circumstances and the nature of the problem, an instructor can obtain advice or assistance from several sources.
A part of SSD's role is to provide general advice and assistance on the ways an instructor can successfully accommodate a student with a disability. In addition, instructors may obtain material from SSD on accommodation strategies for classrooms and laboratories and on ways to accommodate specific disabilities. Under Western's Policy the Provost has appointed a group of faculty advisors whose role is to provide advice on request to SSD and instructors concerning ways to accommodate a particular disability. A list of current Faculty Advisors can be obtained from SSD.
What Happens if An Agreement on Accommodation Cannot Be Reached?
If an instructor cannot agree to the specific accommodation proposed by SSD, the Chair(4) shall discuss the matter with the instructor and SSD. If the department Chair agrees with the instructor, the matter shall be reviewed by the Dean(5). (In the case of graduate students, the review shall be conducted by the Dean of Graduate Studies.) If the Dean agrees with the Chair, the student may apply to have an appeal against the decision of the Dean heard by the Senate Review Board Academic. If a Dean accepts the accommodation proposed by SSD, the instructor may appeal the decision of the Dean to the Provost (or the Principal, in the case of an Affiliated College) whose decision is final and not appealable to SRBA.
In recognition of the fact that some weeks may elapse between initiation of a request for accommodation and a final decision by the University, the accommodation proposed by SSD shall be maintained until the appeal process is completed.
Where a student has been accommodated pending the final disposition of all appeals, and such disposition is that accommodation should not be granted, the grade received on any examination, test or assignment completed under the conditions of interim accommodation is to be nullified. Any such examination, test or assignment must then be re-administered under conditions which do not provide accommodation or, where that is not possible, an alternative means of fairly determining the student's course mark must be devised by the instructor and communicated to the student.
1. A reference to "Chair" throughout this document is to be interpreted:
For Faculties with Departmental Structure, as the Chair of the Department.
For the Faculty of Education, as the Program Chair.
For the Faculty of Health Sciences, as the Director of the relevant School.
For interdisciplinary undergraduate programs, i.e., Administrative & Commercial Studies, Environmental Studies, International & Comparative Studies, as the program director.
For graduate programs, as the Graduate Program Chair.
Note: For Faculties without Departmental structure not covered above, the levels are instructor and Dean.
2. A reference to "Dean" throughout this document is to be interpreted: For all graduate programs, as the Dean of Graduate Studies. For Women's Studies courses, as the Director of the Centre for Women's Studies and Feminist Research.
3. Where there is no Chair or Director, as defined in Footnote #1 above, the instructor shall consult directly
with SSD and if the parties are unable to agree, the instructor shall forward all relevant materials to the Dean
within the time limits set out above.
4. A reference to "Chair" throughout this document is to be interpreted: For Faculties with Departmental Structure, as the Chair of the Department. For the Faculty of Education, as the Program Chair. For the Faculty of Health Sciences, as the Director of the relevant School. For interdisciplinary undergraduate programs, i.e., Administrative & Commercial Studies, Environmental Studies,
International & Comparative Studies, as the program director. For graduate programs, as the Graduate Program Chair. Note: For Faculties without Departmental structure not covered above, the levels are instructor and Dean. If the
instructor and SSD cannot agree on an appropriate accommodation, the matter shall be reviewed by the Dean.
5. A reference to "Dean" throughout this document is to be interpreted: For all graduate programs, as the Dean of Graduate Studies. For Women's Studies courses, as the Director of the Centre for Women's Studies and Feminist Research.