2000-9-1 Academic Accommodation of Students with Disabilities

Policy

1. Lambton College is dedicated to fostering an accessible learning environment that upholds the dignity of individuals with disabilities and encourages positive self-esteem. This commitment is realized through direct support to students, promotion of autonomy, and the creation of an inclusive educational atmosphere.
2. The College acknowledges its obligation under the Human Rights Code of Ontario (OHRC) Policy on Accessible Education for Students with Disabilities, the Accessibility for Ontarians with Disabilities Act (AODA), and the best practice recommendations of the Post-secondary Education Accessibility Standards (PEAS). In delivering education, training, and services, Lambton College is committed to offering reasonable academic accommodations to students with disabilities, while upholding Lambton College academic standards and requirements of Lambton College’s courses and programs, including experiential opportunities.
3. This section of Policy 2000-9-1 aims to define the concepts, establish the principles, and identify the responsibilities involved in creating appropriate and reasonable accommodations for students with disabilities.
4. This policy applies to all part-time and full-time Lambton College students and applicants seeking and/or receiving support from the Accessibility Centre, as they participate in the classroom, labs, and field/experiential placements, across all programs and services.
5. The policy also applies to all Lambton College employees involved in the student academic accommodation process.

Accommodation Principles 

1. Persons with disabilities must meet applicant selection criteria and program eligibility criteria.
2. Qualified candidates are reasonably accommodated by the College during activities to prove their eligibility for admission into an academic program, course, or other offerings, such as receiving additional time to finish a mature student pre-admission test.
3. The provision of accommodation and services must be based on respect for the individuals' rights and dignity of the individual, and the shared commitment of the College community to an open, supportive learning environment.
4. Program policies and practices must align with principles of academic accommodation and in accordance with human rights legislation, and the duty to accommodate.
5. Undue hardship on the College is the only acceptable reason to not accommodate the needs of a student with a disability. The possibility that the student might not be successful in the program or possibility that the student might not find related employment, are not acceptable reasons for failure to accommodate.
6. If a student's disability prevents them from performing or demonstrating key skills and abilities essential to a college course or program, it must be recognized that under the Ontario Human Rights Code, the College is obligated to make a reasonable effort to accommodate the student's disability, up until the point where it causes undue hardship.
7. Modifications are significant changes to course curriculum and learning objectives and are not permitted within the regular post-secondary program streams. Students who require modifications may consider applying to the CICE (Community Integration through Cooperative Education) certificate program, which is the only college program that allows for modifications.
8. Where accommodation includes waiver of a health and safety practice, and puts others at risk, the College must assess the resulting risk to the student and others. Evidence is required to prove the nature, severity, probability and scope of risk. The student may be required to adhere to a specified treatment plan that addresses safety issues with respect to harm to self or others, for accommodations to be provided. If the assessed risk outweighs the benefits of the accommodation, the College may deny the accommodation on grounds of undue hardship.
9. When a student with a disability cannot be accommodated in accordance with the principles outlined herein, or where they are found to be incapable of performing the essential requirements of a program or course, alternatives are explored with the student. Decisions regarding withdrawal without academic penalty and/or possible fee refunds, are made by the Registrar’s Office.
10. If a student is dissatisfied with an accommodation decision, they have the right to appeal that decision under College policy: Appeal of an Academic Decision Policy 2000-1-13.

Responsibilities in the Accommodation Process

1. The accommodation process is a shared responsibility among students with disabilities, Faculty, Staff, College Administrators, and Accessibility Services. 
2. Responsibilities of the Student:
   1. Advise the College of disability and accommodation needs as early and proactively as possible through contacting the Accessibility Services department and requesting an intake appointment. 
   2. Discuss their needs with the Accessibility Services staff to learn about accommodation options, and services available.
   3. Provide appropriate supporting documentation of their disability and accommodation needs, in as timely a manner as possible.
   4. Participate in discussions and possible accommodation solutions with the Accessibility Services staff, and in some cases, experts whose assistance is required to determine accessibility needs.
   5. Work collaboratively with the Accessibility Services staff to create a Confidential Academic Accommodation Plan (CAAP), that includes approved accommodations, which will be shared with identified faculty and staff members.
   6. Share their CAAP with designated college faculty and staff, including those handling accommodations, at the beginning of each term. Personal medical details are not required, nor do they need to ask professors or instructors directly. If a student prefers not to contact faculty or staff directly about their accommodation needs, they can ask the Accessibility Centre to manage this part of the process. To proceed, the student must give full consent and clear instructions to Accessibility Centre staff for this communication.
   7. Work with College faculty and staff providing accommodation on an ongoing basis to ensure the accommodation process is managed, and all documentation is provided, as needed.
   8. Meet identified requirements and learning outcomes of courses and programs, once accommodation is provided.
3. Responsibilities of College Staff and Faculty:
   1. Accept the Student’s request for accommodation in good faith, unless there are legitimate reasons for acting otherwise.
   2. Respond to Student requests for accommodation with sensitivity, discretion, and confidentiality,
   3. Comply with the Personal Health Information Protection Act (PHIPA) and the Freedom of Information and Protection of Privacy Act (FIPPA) with respect to the collection, use and disclosure of health information or other personal information collected under this policy.
   4. Advise students of accommodation support services, including the availability of interim and temporary accommodations and how they can be accessed through Accessibility Services at Lambton College.
   5. Limit requests for information to those that are needed to enable an appropriate response to the accommodation request by the Student.
   6. Keep and maintain a record of the accommodation request and subsequent action taken to provide the accommodation.
   7. Grant accommodation requests in a timely manner, to the point of undue hardship.
   8. Consult with the Accessibility Centre staff regarding any concerns or uncertainty with the accommodations identified in a student’s CAAP. 
4. Responsibilities of College Administration:
   1. Provide current information about services offered to students with disabilities, as well as information on student rights and responsibilities under the Ontario Human Rights Code.
   2. Provide education and training on how to implement accommodations through Universal Design for Learning (UDL), in partnership with other areas of the college.
   3. Establish, maintain, and implement procedures deemed necessary to fulfill the provisions outlined in this policy.
   4. Maintain privacy and confidentiality regarding a student’s accommodations on official documents like transcripts, graduation requirements, and assessment results.
5. Responsibilities of Accessibility Services:
   1. Serves as the central point of contact for all matters related to students with disabilities at the College.
   2. Request supporting documentation, and if required, may consult with a student’s external healthcare provider, providing informed consent is granted by the student for this exchange of information.
   3. Assess the student’s need for accommodation based on supporting documentation of functional limitations and skills, on input from both the student and professional judgement.
   4. In consultation with the student, develop the Confidential Academic Accommodation Plan (CAAP), which outlines appropriate accommodations and recommended supports.
   5. When a student requests assistance and agrees to allow the Accessibility Services team to communicate accommodation details, or the CAAP, with specific College faculty and staff, this step can be handled for the student.
   6. Provide service information to the College community regarding academic accommodations and the support available to students through Accessibility Services.
   7. Ensure documentation of a student’s personal medical information and CAAP are kept confidential in compliance with FIPPA and PHIPA standards.
   8. On behalf of the College, seek expert opinion or legal advice, as needed, on complex accommodation requests.

Protection from Reprisal

1. To safeguard those who utilize or engage with this policy, the College forbids any retaliatory actions or threats. Violators will face disciplinary measures or other corrective actions.

References

• acknowledge other College policies (Fanshawe; Mohawk; George Brown)

Related Documents

• Alternate Test & Accommodated Test Booking Procedures
• CAAP Student Guidelines
• Documentation Guidelines
• Faculty Accommodation Guide
• Lambton College Access to Information and Protection of Privacy Guidelines
• Medical Information Records Form

Related College Policies

• Accessibility & Accommodations for all Persons (AODA) Policy 4000-7-1
• Appeal of an Academic Decision Policy 2000-1-13
• Application & Admission to Programs Policy 2000-1-1
• Confidentiality & Privacy of Information & Records Policy 2000-7-1
• Student Rights & Responsibilities & Discipline Policy 2000-5-1
• Test & Exam Writing Protocol Policy 2000-1-6
• Use of Recording Devices on Campus Policy 2000-1-15

Resources

• Accessibility for Ontarians with Disabilities Act (AODA)
• Freedom of Information and Protection of Privacy Act (FIPPA)
• Ontario Human Rights Code
• Ontario Human Rights Commission: Guidelines on Accessible Education
• Personal Health Information Protection Act (PHIPA)

Definitions

Academic Accommodation

strategies designed to equalize the opportunity for a person with a disability to meet the admission requirements for a program or achieve the learning outcomes of a program or course. Accommodation extends beyond a standard level of service provided for the general population Accommodation is considered appropriate if it will provide the individual with a disability an equal opportunity to attain the same level of performance or enjoy the same level of educational benefits experienced by others.

Accessibility

the conscious design of devices, services, products, or environments to create barrier-free access for individuals with disabilities

Accessibility Centre

the department at Lambton College that is dedicated to supporting students with disabilities by providing accommodations and services that ensure equal access to education. The Centre works closely with students to develop individualized accommodation plans, offers assistive technologies, and provides resources to help students succeed in their academic pursuits. Its goal is to create an inclusive learning environment where all students can reach their full potential.

Accommodation for Applicants

accommodations provided by the College to support applicants in demonstrating that they meet the requirements for an offer of admission to a College academic program, course or other academic offering.

Accommodation for Students

accommodations provided by the College to support the student with disabilities in achieving required learning outcomes of the student’s academic program, course or other academic offering.

Alternate Format

the transcription or conversion of information from one format into another to make the content accessible (e.g., lecture recordings, large print materials, PDF versions of course content).

Confidential Academic Accommodation Plan

the document that specifically outlines the accommodation required for the student for class or other learning settings, evaluations or coop/clinical/placement settings. The document will be developed by the Accessibility Counsellor in collaboration with the student. It is designed by acknowledging documentation and the student's lived experience with dignity of the individual at the forefront. Copies of this Plan are shared typically by the student with their faculty at the beginning of the term. However, accommodation plans can be developed at any point or altered at any point during the term. The Accessibility Centre may also distribute the Accommodation Plan at the request of and with consent from the student in some situations.

Disability

any physical, psychological or mental health condition as defined by the Ontario Human Rights Code that limits the opportunities of a person to meet the essential requirements of a course or program

Essential requirements

Essential requirements of a course or program may include, but are not limited to, the knowledge and skills which must be acquired and/or demonstrated for a student to successfully meet the learning objectives of a course or program. The OHRC outlines a three-step test to determine essential course requirements. The three-step test involves reflection and response to three questions: Was the requirement adopted for a purpose or goal that is rationally connected to the function being performed?; Was the requirement adopted in good faith, in the belief that it is necessary to fulfill the purpose or goal?; Is the requirement reasonably necessary to accomplish its purpose or goal, in the sense that it is impossible to accommodate without undue hardship?

Experiential Learning

The province of Ontario defines experiential learning (EL) as “an educational activity facilitated and supported by a college through which students learn while doing. Students participate in workplaces, or simulated workplaces, where they are exposed to authentic professional demands and expectations. The goal of an EL experience is to improve students’ employability and interpersonal skills and to support their transition to the workforce” (Ministry of Advanced Education and Skill Development, 2017).

Interim Accommodations

Temporary accommodations provided while a student and their Accessibility Counsellor or Accessibility Advisor determine reasonable and necessary permanent accommodations.

Reasonable Accommodations

Actions to alleviate or remove a permanent or temporary disability-related functional limitation which do not compromise course objectives or academic standards.

Retroactive Accommodations

Are considered when a student may be experiencing a disruption in their functioning but may not be able to follow the college’s process for arranging accommodation due to no warning that they will have accommodation needs or be in a situation where they are experiencing accessibility needs for the first time. In these circumstances, if a student has failed to meet performance expectations in a class, course, program, etc., the college has an obligation to consider accommodation after the fact (OHRC, 2018).

Self-identification

Occurs when a student identifies their accessibility needs to Accessible Learning Services staff. Self-identification is confidential and the release of personal information is subject to Section 39(2) of the Freedom of Information and Protection of Privacy Act.

Supporting Documentation

The medical or psychological documentation that establishes and supports a disability and the student's need for accommodation. The supporting documentation must be provided by a Registered Healthcare Professional qualified to provide the required information and objective opinion and evaluation. Where the documentation provided is not sufficient, further supporting documentation may be required.

Undue hardship

The capacity limit of the College to accommodate the student without experiencing unreasonable difficulty. The College is obligated to provide accommodation up to the point of undue hardship. The College is not expected to provide accommodation if doing so would bring about unreasonable difficulties or burden on health, safety, financial or other relevant grounds. The question of when undue hardship is reached must be considered in the context of each specific request for accommodation.

Universal Design for Learning /Inclusive Design

A curriculum design, development, and delivery framework used to create inclusive and accessible learning environments. The goal of UDL is to ensure inclusion in teaching and learning processes, while encouraging the development of expert learners. The three central principles of UDL are:

• Provide multiple means of engagement – Develop learning options to produce and sustain interest, provide multiple means of representation;
• Provide content in multiple ways, provide multiple means of action and expression;
• Offer options that allow students to fully demonstrate knowledge.

Universal Design for Learning can reduce the number of accommodations required, by preventing barriers, but will not eliminate the need entirely.