5 Duty to Accommodate

Queen’s Vice-Provost’s Summary Statement on Academic Accommodations

According to Queen’s Vice-Provost’s Summary Statement on Academic Accommodations in 2023, “post-secondary institutions are responsible for ensuring that their facilities and services are accessible; that the environment is welcoming and non-discriminatory; that appropriate, effective, and dignified accommodation processes are in place; and students who experience functional impacts in a classroom because of their disabilities are provided an appropriate accommodation to the point of undue hardship for the institution” (2023). The summary statement goes on to say that “as detailed by the Ontario Human Rights Commission, “…inconvenience, employee morale, third-party preferences, etc. are not valid considerations in assessing whether an accommodation causes undue hardship” rather the Code prescribes “…three considerations when assessing whether an accommodation would cause undue hardship: 1) cost; 2) outside sources of funding, if any; and 3) health and safety requirements, if any”” (2014).

Furthermore and “as detailed by the OHRC, accommodations should not lower academic standards or interfere with the achievement of different outcomes. Through the development of flexible engagement in the academic material (including tests, quizzes, and exams), appropriate accommodation removes or reduces barriers experienced by a student with a disability, allowing them the equal opportunity to demonstrate individual mastery of the academic material” (Vice-Provost’s Summary Statement on Academic Accommodations 2023).

We recommend that readers access the full summary statement for more legal context, resources, and information.

AODA Post-Secondary Recommendations

The AODA’s post-secondary recommendations regarding accessibility in higher education institutions span widely, and are worth a read, but one to note here is Recommendation 16: Improving Campus Climate Related to Accessibility, which states that, “the Ontario government, in consultation with postsecondary institutions and disability stakeholders, shall develop or update an existing accessible standardized campus climate instrument. The instrument will be administered every three years to all enrolled students and current employees at postsecondary institutions to measure the effectiveness of efforts to address ableism amongst the students, and employees to identify gaps in initiatives to shift attitudes, behaviours, beliefs and assumptions related to disability.

The instrument shall assess a wide range of accessibility-related issues including, but not limited to:

• satisfaction of students with disabilities about accessibility and accommodations (on campus and experiential learning)
• satisfaction of students with disabilities with campus life and engagement
• the experiences of students with ableism, external and internal, and their sense of belonging
• faculty/instructor/administration awareness of, and attitudes towards, students with disabilities, accessibility and accommodations
• inclusive teaching practices
• awareness and attitudes of non-disabled students towards their peers with disabilities, accessibility and accommodation” (2022)

Given that “inclusive teaching practices” as well as “faculty awareness of, and attitudes towards students with disabilities, accessibility and accommodations” will be measured going forward, the onus is on the faculty to create and sustain an inclusive learning environment.