Duty to Accommodate

As educators and as institutions, we want to make sure that our classrooms and colleges are accessible and welcoming places for all students. Postsecondary institutions in BC have policies in place to make sure that students from all backgrounds have equal opportunities and access to education, including students with disabilities. As the number of students with disabilities in our institutions rises, we all need to take action to make sure that barriers to participation are removed and students with disabilities have access to postsecondary programs and services, without discrimination or privilege.

This section will outline the legal duty to accommodate students with disabilities and discuss what this means in practical terms for instructors and disability support staff.
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Section 8 of the British Columbia Human Rights Code prohibits the “denial or discrimination in the provision of services customarily available to the public.” In practice, this means that a service provider, like a post-secondary institution, cannot discriminate against individuals with, among other things, mental and/or physical disabilities. The service provider has a legal obligation to ensure access to and remove barriers to participation experienced by persons with disabilities. This obligation is known as the “duty to accommodate”.

There are many different accommodations available that can help to remove barriers and “level the playing field” for students with disabilities. The types of accommodations needed vary, depending on the disability and the individual needs of the student. The process of providing accommodations does not need to be difficult or time-consuming, although it may occasionally be. The Disability Services Office are on-hand to provide advice and resources, and accommodations are generally simple and easy to administer, and cost little or nothing to implement.

It is important to note that the purpose of accommodating students with disabilities is not to provide them with an advantage, but rather to place them on a level playing field with students who do not have a disability. Disabled students still have to meet the academic requirements of a given course.

The purpose of the duty to accommodate is to remove the barriers caused by a student’s disability and to place the student on a level playing field with other non-disabled students.

In most cases, a student who is seeking an accommodation has an obligation to be proactive and request accommodation. However, the institution may have a duty to inquire if, for example a student who has not requested accommodation appears to be suffering in his or her studies because of a disability, or if a student is behaving unusually which suggests the possible existence of a disability.

Once an accommodation has been requested, the institution is expected to be innovative yet practical in its approach, and to make every reasonable effort to accommodate the student’s disability up to what is known as the point of “undue hardship”. The point at which “undue hardship” will be reached will vary with the circumstances of each case.

It is important to note that the duty to accommodate will be different in every situation. This means that where an accommodation is requested, the institution has an obligation to conduct an individualized analysis, where it looks at the specific limitations and restrictions of the particular student, and then determines whether those can be accommodated. The institution must avoid making assumptions or generalizations. It’s the limitations of the particular individual that are important, not of the class or group to which the individual belongs.

At the same time, however, the institution is not required to satisfy unreasonable demands that are being made by a disabled student. Just because a student has a disability doesn’t mean the student has the right to get everything they want or make unreasonable demands.

The institution has an obligation to accommodate a student’s disability up to the point of “undue hardship”. It follows, then, that the institution will be expected to tolerate some measure of hardship in the accommodation process. It is only when that hardship becomes “undue” that the duty to accommodate will come to an end.

Cost may be a factor in determining whether the point of undue hardship has been reached, but the mere fact that an accommodation is costly does not mean that its provision is not required. Do not assume that the cost of a potential accommodation means that it cannot be utilized. Each circumstance must be analyzed to make a determination as to whether the point of undue hardship has been reached.

In a duty to accommodate situation, the student shares in the institution’s obligation to be reasonable in the search for an appropriate accommodation. The student must cooperate with reasonable requests made by the institution, and must accept a reasonable accommodation if one is offered.

In some cases there may be more than one way in which to accommodate a student’s disability. If the institution offers an accommodation that is reasonable and that meets the student’s needs, the student cannot refuse the accommodation and hold out for an accommodation that the student prefers.

“Reasonable accommodation” refers to changes in the allocation of institution resources or in teaching or evaluation procedures which are designed to meet the particular needs of a student with a disability. Reasonable accommodations have to meet certain criteria.

  1. Accommodations are based on documented individual needs.
  2. Allows most integrated experience possible.
  3. Reasonable accommodations do not compromise essential requirements of a course or program.
  4. Does not pose a threat to personal or public safety.
  5. Accommodations do not impose an undue hardship or administrative burden.
  6. Accommodations are not of a personal nature.

Medical information may be gathered by Disability Services during the accommodation process. This is one of the most sensitive forms of personal information, and the institution has a legal obligation to maintain the confidentiality of a student’s disability-related information. As a result, Disability Services will generally provide information about the functional impacts of a student’s disability. However, documentation of their medical diagnosis remains confidential. These guidelines are in place to ensure that students’ private information is respected and released only when necessary.

If a student wishes to share additional information with their instructors or staff, that is their choice, but instructors should not ask students for details of their diagnosis. Questions and concerns regarding particulars of a student’s disability should be directed to the Disability Services Advisor first.

How to Maintain Confidentiality

  • Ensure that discussions regarding disability-related accommodations take place in a private setting and are handled with discretion if in public
  • Refrain from discussing the student’s disability in front of the class, or in group settings
  • Avoid asking questions about the nature or cause of a student’s disability
  • Recognize that some students may not identify if they are uncomfortable in discussing their disability
  • Ask the student in what ways you can help them to be successful in your class, or ask if certain approaches would be helpful

The Accommodation Process

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Who to Contact

Disability Services is your main point of contact regarding concerns or questions around accommodating students with disabilities in general or in a particular student’s situation. They are very happy to answer questions, discuss situations, or point you to additional resources if you would like to learn more.