Accessibility

Introduction

Durham College values and actively promotes the right of all individuals including those with disabilities to have an equal opportunity to experience success in their academic and/or employment endeavours with the institution. Durham College recognizes that successful learning and employment outcomes are the result of shared responsibility and commitment on the part of students, employees, faculty and administrative staff.

Purpose

The purpose of this Policy is to establish standards for ensuring that all students, employees and faculty of Durham College experience an optimally accessible learning and working environment.

Definitions

Disability is defined as found in the Ontario Human Rights Code. (See Appendix 1, attached)

Significant Alteration is defined as any change to a course, program or employment requirement that modifies its fundamental nature to the extent that it becomes different in meaning and/or intent.

Essential Requirements is defined as the essential requirements or academic integrity of a course/program which may include, but are not limited to, the knowledge and skills which must be acquired or demonstrated in order for a student to successfully meet the learning objectives of the course/program.

Undue Hardship is defined as found in the Ontario Human Rights Code which prescribes three factors that are to be considered in assessing whether a requested accommodation would cause undue hardship. These are:cost; availability of outside sources of funding;and, health and safety requirements. There may be other factors that are relevant, including, but not limited to, the degree that an accommodation negatively impacts other students, staff and faculty.

Policy Statements

1. Basic Principles:

a) Application of The Ontario Human Rights Code
The Ontario Human Rights Code, Revised Statutes of Ontario, 1990, Chapter H. 19. , states that it is public policy in Ontario the inherent dignity and worth of every person and to provide for equal rights and opportunities without discrimination. Durham college is committed to upholding these principles, as they apply to the provision of academic services. Part I, Section I of the Code states:Every person has a right to equal treatment with respect to services, goods, and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, or handicap. 1981, c53, s. 1; 1986, c. 64, s. a8(1).

b) Flexibility
Consideration for the individual will prevail. Faculty and administrative staff will operate with flexibility where required on matters regarding accessibility.

c) Confidentiality
Durham College is concerned with protecting the privacy and confidentiality of individuals with disabilities. At the same time, Durham College needs sufficient information to reasonably evaluate and respond to a student/employee requests for accommodation. For this reason, students are required to provide information concerning the nature of their disability, their needs and restrictions. At times the accommodation process may require that a student disclose such information to staff and faculty, beyond the Centre for Students with Disabilities (CSD), on the basis that they need-to-know this information to perform their duties under the terms of this policy. All personal information disclosed to such staff or faculty shall be governed by the Durham College guidelines on Access to Information and Protection of Privacy.

d) Duty to provide Evidence of Disability
It is recognized that there is a duty on the student or employee to provide relevant and recent psychological or medical documentation that substantiates his/her disability. The student must also demonstrate that the disability impacts his/her ability to benefit equally from the educational services of Durham College.

e) Duty to Accommodate
Without undue hardship to the college, all students, employees and faculty with disabilities shall receive, in a way that respects their dignity, those accommodations required to allow them an equal opportunity to experience success.

f) Dispute Resolution
Means shall exist for raising concerns and for determining resolution of disputes concerning matters regarding accessibility

In the event of ambiguity in the interpretation or application of this Policy, the matter should be resolved by resort to these basic principles.

Roles and Responsibilities

1. Compliance with Legislation:

a)All College policies, procedures and practices regarding accessibility will comply with applicable federal and provincial legislation such as the Canadian Charter of Rights and Freedoms, the Ontario Human Rights Code, the Accessibility for Ontarians with Disabilities Act, and the Freedom of Information and Protection of Personal Privacy Act.

2. Accommodations:

a)Durham College will make every effort to accommodate the particular needs of self-identified individuals providing the accommodation does not:

i. Exceed undue hardship

ii. Threaten the integrity of a program by significantly altering the essential requirements of the program or course(s)

iii. Threaten the integrity of contracts of employment by significantly altering essential job requirements or responsibilities.

3. Facilities:

a)All college facilities will be physically and technologically accessible within the limits of physical and financial resources.

4. Academic and Employment Access:

a)Durham College will monitor admissions policies and procedures to ensure that disability related circumstances for students who are otherwise academically qualified, are weighed in the process.

b)The College will monitor employment postings to ensure that they support and encourage all qualified applicants including those with disabilities.

5. Durham College is responsible for providing an accessible learning and working environment that includes:

a)appropriate support services for persons with disabilities;

b)promotion of awareness of accessibility legislation and the promotion of a positive attitude towards persons with disabilities;

c)provision of academic accommodations involving a collaborative process which imposes certain responsibilities on all of those involved. This policy reflects the shared responsibilities of students with disabilities, instructors, departments, faculties, and administrative staff in the provision of academic accommodations and the ongoing development of an accessible, open and supportive learning environment.

6. Confidentiality:

a)Durham College will protect the privacy of all persons with respect to self-disclosed information as per the Freedom of Information and Protection of Privacy Act.

7. Implementation of the Policy:

a)It shall be the responsibility of the Accessibility Working Group to recommend revisions to the policy and/or associated procedures.

b)Authority to make final decisions on matters regarding accessibility shall rest with the appropriate Vice President.

c)Individuals may file a written complaint with the appropriate Vice President regarding their experience with the implementation of any part of this Policy or its associated procedures.

Non-compliance Implications

There are significant costs to implementing the Accessibility Policy; however, failure to comply with applicable federal and provincial legislation may lead to actual legal costs arising from potential lawsuits for non-compliance.

Students, employees, faculty and administrative staff have a right to learn in an accessible, accountable and equitable environment. Failure to facilitate this may lead to legal actions or human rights challenges.

Related Procedures

Related Policies and Directives

Canadian Charter of Rights and Freedoms
Ontario Human Rights Code
Accessibility for Ontarians with Disabilities Act, 2005
Ministry of Community & Social Services: Customer Service Standards
Freedom of Information and Protection of Personal Privacy Act
Campus Accessibility Plan