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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I am a student at the Faculty of Education. My family doctor

Customer Question

I am a student at the Faculty of Education. My family doctor requested that I receive accommodations during my exam periods that included quiet setting, extra time and the support of a TA. to help in redirecting, or re-wording of instructions. I was not given the support as requested by the doctor. Furthermore, throughout the year I was made to feel uncomfortable by the professor who continued to ask me oral questions repeatedly rather than ask other students even after I sent an email requesting her to refrain from focusing on me during lessons. There are other students in the classroom to choose from rather than repeatedly asking me once, then twice and three times. Although, I was receiving good marks in my daily assignment which ranged from (70-80) I now feel that the professor has added a participation mark which was included in the syllabus that was handed out earlier and she told me orally that I received a low mark. I am told that I must meet her with the Chair and I can only have a silent person present at the meeting. This year has been psychologically challenging for me. I worked my best to complete all assignments submit them on time and I did participate in this class. Also,
the professor did not at all take in to account that I did have accomodations that deal with a Mental disability. Rather, continued pick on me in class and she actually apologized twice after meeting me outside by chance for doing what she did because she realized that she was wrong and that I was right. How should I move forward with this. This is my second year completing this course which is absurd given that it is the only University in Ontario that has this specific demand in Math competency. This is another standard that conflicts with the Ministry Guidelines in Ontario for Mathematics given that the focus of Math deals with understanding the process and use of math for daily life situations. Obviously, arriving at the correct answer is an added bonus given that we have use of caluclators and technology today. I must move on with my life and it has been put on hold by this department. What recourse do I have?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Are you saying the university failed to provide the accommodations?

Did they say they were going to?

What province is this please?

Customer: replied 1 year ago.
The province is Ontario. In Ontario people who have learning disabilities or mental disabilities are allowed to have accommodations to ensure success for them in the workplace or in their studies. In this accommodations are given to enable them to achieve success. Should they not be accommodated this could be considered a discrimination. In order to have accommodations you must have a written consent from a Doctor Who knows the past history of the individual. In this case university did have a medical note from a family doctor and the University failed to provide the accommodations as requested by the doctor. In other words the University failed to provide the accommodations which included providing a teaching assistant to support the student in their work when completing the exam. All universities in Ontario provide this teaching assistant when required however in this case the university did not. Stating that they do not provide a teaching assistant. When I spoke to the ombudsman he was puzzled and could not understand why they would not provide a teaching assistant. I would like to know if I should proceed with a lawyer in this case in other words do I have a case against the actions of the University who failed to provide the TA.
Thank you.Regardsprovide a TA for this exam.
Expert:  Debra replied 1 year ago.

I am a lawyer in Ontario so please don't worry that I don't know the law.

The law actually is that the university is required to provide reasonable accommodations so long as doing so does not cause the university to undergo undue hardship.

If you file a complaint with the Human Rights Tribunal the university will have to prove either that what you were asking for is not reasonable or that even if it is they could not provide the TA without undergoing undue hardship. In most cases undue hardship translates to too much expense.

You could consult with a lawyer face to face and have the lawyer send the university a letter asserting your rights or else you can file a complaint with the Human Rights Tribunal without retaining a lawyer.

Does that help as a starting point?

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