Process Specific Resources & Documents

Legal Resources

Key Documents

The Rules of Practices and Procedure govern various process issues that may arise at the Judicial Board

PROTOCOL FOR REQUESTING ACCOMMODATION FOR DISABILITIES IN THE JUDICIAL BOARD DISCIPLINE PROCESS

Overview and Scope

The University strives to facilitate the inclusion of individuals with disabilities into all aspects of University life, including in the quasi-judicial processes supported by the Office of Appeals, Discipline and Faculty Grievances (“ADFG”). This goal is achieved, in part, by providing reasonable accommodations that allow for participation regardless of an individual’s abilities.

In developing this protocol for accommodation requests, the University is informed by its legal obligations under the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act. The University is also mindful that accommodation is a shared responsibility and that, to be effective, the process requires the cooperation of everyone involved.

Reasonable accommodations for an individual with disabilities can be wide-ranging and will necessarily be context and case-specific. Accommodations may be physical in nature, including, for example, the provision of documents in accessible formats etc. Other types of accommodations are procedural in nature and require adjustments to standard processes, including, for example, the format of the hearing or an increase in breaks during a hearing. The purpose of an accommodation request is to find a way to allow the person making the request to meaningfully participate in the process.

Any participant in these processes (party, representative, witness etc.) may request a disability-related accommodation in accordance with the procedures set out below.

Procedures

Seek the Consent of the Adverse Party

It is often beneficial to obtain the consent of the adverse party (e.g. other side, counsel for the University) to a requested accommodation, as this can make the granting of an accommodation quicker, especially if the requested accommodation is minor in nature. In instances where the requested accommodation will have a material (e.g. large or significant) impact on the hearing, the decision-maker (usually the Chair for a hearing) will almost always ask for the other party’s position before making a decision about the request.

The consent of an adverse party to the requested accommodation is not, however, a guarantee that requested accommodation will be granted in whole or part by the decision-maker, including where the requested accommodation will have a material negative impact on the efficacy (e.g. effectiveness) of the hearing and/or where an individual with disabilities can be reasonably accommodated in a less intrusive way.

Making the Accommodation Request

Those with an accommodation request are encouraged to make the request as far in advance of a hearing as possible, by writing to the ADFG Office at adfg.admin@utoronto.ca. Depending on where the case is in the process, the ADFG Office or a decision-maker, as the case may be, may be able to grant certain minor accommodations, without further inquiry, especially if the requesting individual has obtained the consent of the adverse party. If the accommodation request is likely to have a material impact on the hearing, the decision about the request will almost always be assigned to a decision-maker (usually the Chair of the hearing) for consideration.

All accommodation requests should set out, in detail, what specifically is being requested and, in general terms, the basis for the request. It is not necessary to disclose medical diagnoses or medical information in support of the requested accommodation to the ADFG Office.

Since it may take time to assess and implement accommodation measures, an individual is encouraged to raise their request at the earliest reasonable juncture (e.g. point or stage), and again, preferably having obtained the other side’s consent or position.

Responses to the Accommodation Request

A decision-maker or the ADFG Office will often be able to decide whether to grant (in part or whole) or deny the requested accommodation without further consultation or information. Decisions will be guided by the University’s legal obligations under the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act.

On occasion, however, a decision-maker may require additional information prior to deciding on the accommodation request. These circumstances include, but are not limited to, instances where the requested accommodation is complex or novel, or where it will have a material prejudicial impact on the adverse party or the decision-maker’s ability to conduct the hearing.

The decision maker may request request medical documentation which substantiates the need for the requested accommodation, assess that medical information, and make an accommodation recommendation on the basis of that medical information.

Questions

If you have any questions regarding this protocol, please contact: adfg.admin@utoronto.ca