Introduction

Index

Staff

Students have a right to:

• equal access to participation in the post-secondary education experience;
• be treated with dignity and respect regarding their disability and accommodation needs;
• appropriate, individualized accommodation;
• protection of confidential information;
• timely service provision, consistent with the notice provided by the student; and
• prompt, equitable investigation and resolution of complaints.¹

The Ontario Human Rights Commission identifies the following responsibilities of students. In the university setting, the education provider is both the Disability Services Office (as the primary contact, repository of disability information/documentation, and the initial body involved in accommodation planning) and the instructor designing and teaching the course.

"The student with a disability (or his or her parent/guardian) has a responsibility to:

• advise the education provider of the need for accommodation related to a disability
• make his or her needs known to the best of his or her ability, so that the education provider may make the requested accommodation
• answer questions or provide information regarding relevant restrictions or limitations, including information from health care professionals, where appropriate, and as needed
• participate in discussions regarding possible accommodation solutions
• co-operate with any experts whose assistance is required
• fulfill agreed upon responsibilities, as set out in the accommodation plan
• work with the education provider on an ongoing basis to manage the accommodation process
• advise the education provider of difficulties they may be experiencing in accessing educational life, including problems with arranged accommodations."²

As an instructor, you have the right to:

• determine course content and general methods of teaching;
• ensure that the standards in your course are not lowered or compromised;
• ensure that a student has demonstrated mastery of the essential requirements of your course in order to obtain an appropriate grade;
• make informed decisions about how best to adapt your teaching and assessment methods to accommodate all students;
• fail any student if he/she does not demonstrate mastery of essential course requirements;
• question and discuss a specific accommodation;
• determine, through consultation with knowledgeable professionals, the most appropriate way to adapt your course to the needs of a particular student; and,
• be treated respectfully by all students in your class.

As an instructor, your responsibilities are spelled out in part in the Ontario Human Rights Commission's 2009 revised document, Guidelines on Accessible Education:

"As a party to the accommodation process, the education provider has a responsibility to:

• take steps to include students with disabilities in in-class and extra-curricular activities
• advise students or their parent(s)/guardian(s) of available accommodations and support services, and the process by which these resources may be accessed
• accept a student's request for accommodation in good faith (even when the request does not use any specific formal language), unless there are legitimate reasons for acting otherwise
• take an active role in ensuring that alternative approaches and possible accommodation solutions are investigated, and canvass various forms of possible accommodation and alternative solutions, as part of the duty to accommodate
• obtain expert opinion or advice where needed, and bear the costs of any required disability-related information or assessment
• maximize a student's right to privacy and confidentiality, including only sharing information regarding the student's disability with those directly involved in the accommodation process [and with the student's consent]
• limit requests for information to those reasonably related to the nature of the need or limitation, and only for the purpose of facilitating access to educational services
• deal with accommodation requests in a timely manner
• ensure that the school environment is welcoming and that all students treat one another with respect
• take immediate remedial action in situations where bullying and harassment are or may be taking place
• educate all faculty, staff and students about disability-related issues."²

As an instructor you should know:

• what specific disabilities are and are not;
• students who are registered at the Disability Services Office have provided adequate and appropriate documentation of their disability from a registered health care professional (such as a physician, psychologist, or psychiatrist). Accommodation requests are based on this documentation;
• trained professionals working through the Disability Services Office are available to assist you should you wish advice or information about how to adapt your course to accommodate student needs;
• you can receive support from the Disability Services Office in implementing recommended accommodations, or in choosing NOT to implement certain accommodations if it is mutually agreed that such requests are inappropriate or unrealistic;
• you can discuss alternative ways to assist students with disabilities, especially if you feel the requested adaptations are inappropriate or unrealistic;
• some students with disabilities have academic or behaviour problems unrelated to their disability. You are therefore not obliged to treat such problems any differently than you would for a non-disabled student;
• your rights and the rights of the student are based on the Ontario Human Rights Code and the Canadian Charter of Rights and Freedoms; and,
• the essential requirements in your course and/or program. This will help us all make informed decisions about the appropriateness of certain accommodation requests, and will ensure that discussions are centered upon defined information.

Please note:  This is not meant to be an exhaustive list of the rights and needs of instructors. We have tried to outline some of the rights instructors may not feel they are given, with the hope of fostering a dialogue between faculty and the staff at the Disability Services Office.

¹ The University of Windsor, Student Disability Services.

² Ontario Human Rights Commission. 2009. Guidelines on Accessible Education.