Accessible Learning Services Policy

To promote and support accessible education and accessible learning for students at Seneca.

This policy applies to students seeking or receiving accessible learning services and to employees, contractors, volunteers and anyone involved in providing or supporting student access to accessible learning at Seneca.

Specific measures for students with disability-related functional limitations to participate in academic activities fully and actively.

The consideration afforded a student, outside of an Accommodation Plan, in limited and temporary circumstances to accommodate a student request.

The process of designing courses and developing a teaching style to meet the needs of people from a variety of backgrounds, abilities and learning styles.

Student learning that is facilitated by the provision of academic accommodations.

The record of an individual student’s academic accommodations.

As defined by the Ontario Human Rights Code, Section 10(1):

1. any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device
2. a condition of mental impairment or a developmental disability
   
3. a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language
4. a mental disorder; or
   
5. an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.

A legal duty with both procedural and substantive aspects: a procedural duty informed by the principles of respect for dignity, individualization, integration and full participation, to assess the academic accommodations needed by a student, and a substantive duty to provide the academic accommodations needed to allow the student to fully participate in academic activities.

A legal duty that requires Seneca to ask whether there may be a relationship between an undisclosed disability and a student’s behaviour or academic performance to determine whether the student has needs arising from a disability and to offer accommodation. This is an exception to the general requirement that students initiate the accommodation planning process by notifying Seneca about the need for an accommodation.

The skills and knowledge a student must acquire and demonstrate to fulfil the learning outcomes of a course or program.

Temporary academic accommodations provided for a reasonable period while developing, or waiting for information to develop, an accommodation plan.

Accommodation that does not lower academic requirements or compromise receipt of the skills or knowledge needed to be admitted to, or graduate from, a program or to take and/or pass a class or course.

Accommodation requested after a scheduled course assessment has taken place where the request arises because a student’s performance on the assessment has been negatively affected by a disability-related functional limitation. 

A condition that does not arise from a chronic or permanent disability and is anticipated to impact the academic term.

A limit on the extent of accommodation Seneca is required to provide. To claim undue hardship, Seneca has the onus of proof. It is not up to the person with a disability to prove that an accommodation can be accomplished without undue hardship. The nature of the evidence required to prove undue hardship must be objective, real, direct and, in the case of cost, quantifiable. Objective evidence includes but is not limited to: financial statements and budgets, scientific data, information and data resulting from empirical studies, expert opinion, detailed information about the activity and the requested accommodation, information about the conditions surrounding the activity and their effects on the person or group with a disability.

1. Seneca commits to providing accessible learning to students by: 
   • facilitating learning that is student-centred, timely and grounded in evidence-based practices
   • accommodating all students with disabilities who request accommodation

1. Employees are responsible for documenting their interactions with students in relation to the employee’s role in establishing an accommodation plan.
2. Accessible Learning Services is responsible for: 
   • establishing an accessible learning framework in compliance with the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act, 2005
   • developing, maintaining, and delivering training and tools for students seeking accessible learning and to employees involved in delivering or supporting accessible learning
   • assessing medical documentation associated with students’ disabilities 
   • designing appropriate accommodations for students with identified functional limitations, including considering essential academic requirements 
   • providing accommodation plans
3. The Teaching and Learning Centre is responsible for:
   • collaborating with Accessible Learning Services to advance an understanding and adoption of practices to support accessible learning 
   • ensuring that, where appropriate, instructor training and teaching materials are consistent with Seneca’s legal duties under the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act, 2005
4. Deans and chairs or designate are responsible for:

   • informing faculty about policy requirements and the resources available to them

   • providing Accessible Learning Services and Teaching & Learning with opportunities to offer training and information to those working within the faculty (e.g., professors, academic managers, advisers, etc.) 

   • ensuring that accommodations are implemented by faculty 

   • providing guidance as to when academic consideration may be extended

5. Faculty are responsible for: 

   • familiarizing themselves with this and the Accessibility Policy, the Accessible Learning Code of Commitments and other related material

   • participating in training on accessible learning

   • supporting student accommodation plans

   • applying accessible learning principles when determining if a learning outcome has been met

   • identifying essential academic requirements 

   • working with Chairs or designates to resolve issues or concerns with accommodation plans or their implementation

6. Students, either personally or through parents/guardians with student consent, are responsible for: 

   • making their accommodation needs known in writing through the completion of the Functional Assessment Form

   • working with an assigned accessibility counsellor to respond to questions and provide necessary information to find accommodation solutions

   • participating in discussions to find accommodation solutions 

   • adhering to the applicable provisions of the Accessible Learning Code of Commitments 

   • meeting essential academic requirements

   • working with faculty to resolve issues or concerns with accommodation plans 

1. Seneca provides accommodation in different forms as detailed in the Guide to Forms of Accommodation and Supports. 

1. Seneca provides interim accommodation as detailed in the Guide to Interim Accommodation. 

1. Seneca provides accommodation(s) for students with functional limitations arising from a temporary disability as detailed in the Guide to Temporary Accommodation. 

1. Seneca provides retroactive accommodation as detailed in the Guide to Retroactive Accommodation. 

1. For students with disabilities who need to be absent from class and require extensions to complete course work, Seneca provides attendance flexibility and extensions in accordance with the Guide to Attendance Flexibility and Extensions.
2. Where absence accommodation interferes with the student’s ability to meet the learning outcomes of the course, withdrawal may be considered a reasonable alternative after consultation with the faculty.
3. Withdrawals will be implemented without penalty to the student.
4. If a student who does not have an accommodation plan misses a class due to an illness that is not a temporary or permanent disability, the student will follow the process of the faculty or school.

1. In specific circumstances, Seneca has a duty to inquire as to whether a student requires accommodation.
2. Seneca will fulfil the duty to inquire as detailed in the Guide to Duty to Inquire.

1. The decision that a student cannot be accommodated because of undue hardship is made by the Director, Accessible Learning Services on recommendation of an accessibility counsellor and in accordance with the Guide to Undue Hardship. 

1. If efforts to resolve concerns with an accommodation plan or the implementation of a plan are unsuccessful, students or employees may write to the Director, Accessible Learning Services, who works with the involved parties to achieve a resolution in accordance with the Guide to Informal Dispute Resolution Process.  
2. If a resolution still cannot be achieved, a student may file a complaint under the Discrimination and Harassment Policy. 

1. Seneca collects, uses, discloses and retains information for the purpose of providing accessibility counselling and/or academic accommodations. 
2. The collection, retention, use and disclosure of information is done in compliance with the privacy obligations set out in the Freedom of Information and Protection of Privacy Act and, when applicable, the Personal Health Information Protection Act. 

1. Seneca ensures that employees who are involved in program or course design, delivery and instruction are provided with accessibility awareness training, including training on this policy, related to accessible program or course delivery and instruction. 
2. Seneca keeps a record of the training provided, including the dates on which the training is provided and the number of individuals to whom it is provided. 

• Appendix A: Guide to Attendance Flexibility and Extensions
• Appendix B: Guide to Documents to Support Accommodation Planning
• Appendix C: Guide to Duty to Inquire
• Appendix D: Guide to Forms of Accommodation and Supports
• Appendix E: Guide to Informal Dispute Resolution Process
• Appendix F: Guide to Interim Accommodation
• Appendix G: Guide to Temporary Accommodation
• Appendix H: Guide to Retroactive Accommodation
• Appendix I: Guide to Meeting Essential Academic Requirements
• Appendix J: Guide to Undue Hardship

• Accessibility Policy
• Discrimination and Harassment Policy
• Recording Lectures and Educational Activity Policy
• Freedom of Information and Protection of Privacy Policy

• Accessible Learning Code of Commitments
• Accessible Learning Services Privacy and Confidentiality Notice
• Faculty Resource Guide
• Accessibility for Library Users

Note: This policy and its appendices are available in an accessible format, upon request. 

* Terms used in this procedure are defined in the Accessible Learning Services Policy. 

1. Attendance flexibility and extensions may form part of a student’s accommodation plan if found by an Accessibility Counsellor to be supported by documentation from a regulated health professional indicating how the disability affects the student’s ability to regularly attend classes.
2. Attendance flexibility is extended to students with chronic medical conditions that are episodic in nature including but not limited to: concussions, gastrointestinal disorders, lupus and other autoimmune diseases, fibromyalgia, migraines, cancer, and psychological disorders. Granting attendance flexibility provides accommodation for the student’s disability so long as the absences do not interfere with the student’s ability to fulfil the essential academic requirements of a course or program.
3. It will be assumed by Seneca that students who are unable to attend during the period in which their episodic disability is active will require extensions of course deadlines for the period of the disability and a reasonable time after the disability episode has resolved. Seneca also recognizes that students who cannot attend may be capable of and wish to continue to do course work and may not require extensions. Students may be eligible for extensions even if not eligible for a Flexible Attendance Accommodation.
4. Requests for Flexible Attendance and Extension Accommodations should be made at the time a student seeks an accommodation plan or as soon as possible after a student learns that they have a disability that is chronic and episodic in nature.

1. Students may have a legitimate medical reason for not attending a specific class. If a student who does not have an accommodation plan misses a class due to a short-term temporary illness such as a cold, the student will follow the process of the Department or Faculty without involvement of Accessible Learning Services.

1. Accessibility counsellors consider and decide whether a student is eligible for Flexible Attendance and Extension Accommodation. 

2. In general, if a class is lecture-based, lectures are based on the content in the texts or from professor or instructor-prepared materials, and if little interaction is required from students, it is more likely that Flexible Attendance and Extension Accommodation will be provided. 
   
3. Where classes rely more heavily on attendance and engagement, experiential or conversational interaction, it is less likely that the Flexible Attendance and Extension Accommodation will be appropriate.  
   
4. Student obligations:
   • understanding attendance expectations
   • communicating with the professor or instructors when they need to be absent, any critical course dates and alternatives to missed assignments
   • communicating their absences to professors or instructors no less than 24-hours prior to a class or course activity
   • completing missed in-class academic activities and collecting class content, lecture notes and information presented during missed class
   • using absences when required and ensuring that course work is submitted by the extended deadline
   • satisfying all academic requirements for the course
   • making special arrangements for missed scheduled assessments (in-class assignments, quizzes, labs or studio classes)
   • advising an accessibility counsellor if the absence accommodations are more frequent than expected
   • understanding that failure to fulfil their obligations a student may become ineligible for Flexible Accommodation and Extension Accommodations.

1. Where absence accommodation interferes with the student’s ability to meet the learning outcomes of the course, withdrawal may be considered a reasonable alternative after consultation with the Chair or designate.
2. Withdrawal will be implemented without penalty to the student. 

* Terms used in this guide are defined in the Accessible Learning Services Policy. 

1. Students are responsible for providing Seneca with enough information to allow Seneca to fulfil its duty to accommodate and to enable it to provide accessible learning.
2. While medical documentation is very important to the accommodation process, Seneca will also consider information provided by the student about their lived experience in the Functional Abilities Form (FAF).

1. Accessible Learning Services commits to:
   • limiting its requests for information to information that is reasonably required to assess a student’s needs and identify appropriate accommodations
   • where additional information is requested, ensuring that the request is the least intrusive of the student’s privacy while ensuring that Seneca gets the information it needs
   • avoiding asking for confidential medical information including diagnosis, symptoms, treatment, or the cause of any disability, unless such information is clearly and justifiably necessary to provide the accommodation
   • maximizing student confidentiality in its treatment and storage of student information, and sharing information only as consented to by the student or on a need-to-know basis to support the student and the development or implementation of an Accommodation Plan.

1. The most important document for Seneca to receive is the FAF. All documentation will be reviewed by an Accessibility Counsellor to determine whether additional or updated documentation is needed to develop an Accommodation Plan.
2. To help Seneca understand the student’s needs and build an appropriate Accommodation Plan, the student should provide the following recent documents:
   • ADHD — letter from a psychiatrist or psychologist or medical doctor
   • Deaf, deafened or hard of hearing — audiogram, audiologist report or letter from a regulated healthcare professional
   • Learning disabilities — a psychoeducational assessment
   • Other mental health disabilities — a completed FAF or a letter from a regulated health professional. Students with a mental health disability are not required to provide a Diagnostic and Statistical Manual (DSM) diagnosis to access accommodations. In situations where a diagnosis is necessary to support accommodation, the Accessibility Counsellor will explain why.
   • Mild intellectual disability (MID)/Intellectual disability (ID) — psychoeducational assessment
   • Mobility, acquired brain injury or medical disabilities — the FAF or a letter from a regulated healthcare professional
   • Vision — photocopy of your CNIB card or a letter from a regulated healthcare professional
   • Other disabilities — documentation as requested and as is appropriate in the circumstances

* Terms used in this guide are defined in the Accessible Learning Services Policy.

1. The duty to inquire arises from a marked and negative change in a student’s behaviour or academic performance. 
2. Duty arises out of a recognition that the functional limitations associated with some disabilities may interfere with a student’s ability to request accommodation:
   • Example: To illustrate the nature of a marked and negative change, the Ontario Human Rights Commission gives the example of a student who had previously been successful, who then misses classes, fails to submit course work and who shouts at her professor in class.

1. All of those listed as having roles and responsibilities under the Accessible Learning Services Policy have a duty to inquire. 

1. Where a Seneca employee with a role and responsibility under the Accessible Learning Policy perceives a marked and negative change in a student’s behaviour or academic performance, they may ask the student if they need additional support to participate effectively in academic activities.
2. Inquires are be made discreetly and respectfully.
3. A faculty who observes a marked and negative change in a student’s behaviour or academic performance contacts the Chair or designate and arranges a meeting to determine whether the student needs learning support and should be referred to Accessible Learning Services.
4. Any employee who observe a negative change in a student’s behaviour or academic performance should refer the matter to Accessible Learning Services.
5. An accessibility counsellor contacts the student to arrange a meeting.
6. If a student declines the opportunity to disclose a disability and seek accommodation, the student’s wishes are respected.

1. An inquiry should be made where there has been a marked and negative change in a student’s behaviour or academic performance. 
2. If the duty to inquire is triggered, the inquiry must be made before making a decision that would adversely affect the student:  
   • Example: In the scenario above, before deciding to fail the student on an assignment or bring a disciplinary complaint against the student, the professor should inquire as to whether the student requires assistance. 

1. It is important that employees document their interactions with students and store them in a secure manner (e.g., OneDrive).
2. All employees should take notes documenting:
   • the basis for their conclusion that a meeting with a student is necessary (what is the marked and negative change in behaviour or academic performance?)
   • their efforts to arrange a meeting with the student
   • the conversation with the student
   • the student’s response
   • any other relevant information
3. Professors or instructors send this documentation to their Chair or designate in a secure manner, for confidential retention. 
4. Where a student seeks accommodation because of the inquiry, the Chair or designate provides the records to the Accessibility Counsellor.
5. All other employees must securely send the documentation of their interactions with the student to the Accessibility Counsellor to whom the matter is referred. 

* Terms used in this guide are defined in the Accessible Learning Services Policy.

1. The forms of accommodation offered by Seneca include, but are not limited to: 
   • Note taking
   • Support persons
   • Alternate methods of evaluation
   • Memory aids
   • Tutors
   • Assistive technology
   • Skills development and supports

1. Specific documentation requirements may be described below. However, generally, to be eligible for an accommodation, students must have a documented medical condition or learning disability that requires the accommodation. The student must provide a report from a registered health care professional with expertise in the area confirming the nature of the student’s disability and the functional limitations supporting the need for the accommodation. The Accessibility Counsellor is responsible for linking this function limitation to the appropriate accommodation to minimize the impact and barriers experienced by the student.
   1. Note taking The Accessibility Counsellor will determine whether a student requires note taking support and in what form.
   2. Support Persons The Accessibility Counsellor will determine whether a student requires a support person and the accommodation plan will describe the conditions attached to the use of a support person by the student.
   3. Alternate Methods of Evaluation The Ontario Human Rights Commission’s Policy on Accessible Education for Students with Disabilities (2018)  provides that:
      “An appropriate accommodation at the post-secondary level would enable a student to successfully meet the essential requirements of the program, with no alteration in bona fide standards or outcomes, although the way the student demonstrates mastery, knowledge and skills may be altered. In this way, education providers are able to provide all students with equal opportunities to enjoy the same level of benefits and privileges and meet the requirements for acquiring an education without the risk of compromising academic integrity.”
      The Accessibility Counsellor may include a requirement to allow a student to participate in alternate methods of evaluation in an accommodation plan.
      Examples include:
      • Make up tests/extensions on coursework: A student may be unable to write a mid-term test, make-up test or complete graded term-work for disability-related reasons. Accommodation in this instance would normally require that scheduled graded term work or tests be adjusted by providing similar evaluation on alternate dates. The alternate date or assessment should not be unnecessarily onerous on the student.
        • For example, if a student misses a mid-term and, instead of offering an alternate assessment, the weight of the mid-term is transferred to the final making it worth 75% compared to 35%. This may be deemed onerous on the student as the final exam is now worth significantly more because of the proposed accommodation.
      • Alternative evaluation formats: A student may require an evaluation in a different format.
        • For example: presentation and group work skills may be an essential requirement for the course. If not, an alternate format may need to be created which may include:
          • alternative assignments (e.g., submission of a paper in lieu of a presentation)
          • alternate format exam (e.g., no multiple-choice questions, short answer and/or essay)
        • Exam scheduling:
          • A test/exam scheduled for the morning may need to be moved to the afternoon
          • The student may need spacing between exams (e.g., one test/exam per day)
          • The test/exam may need to be written in an alternate space (such as the accessibility office or the Test Centre)
          • Using universal design principles for assignments/labs/placements/practicums can assist in responding to individual student circumstances. 
          • For example, using technology (e.g., web option course, online tests, etc.).
        • Role of faculty in alternate methods of evaluation:
          • working with the Accessibility Counsellor to explore alternate ways for students with accommodation plans to make up missed work.
          • developing reasonable alternate opportunities for evaluation.
          • communicating specific limits on their ability to meet requests with the Accessibility Counsellor as soon as possible
          • when reviewing accommodation requests, professors/instructors should pay attention to the need to separate course or assessment format from course content and consider whether the method or format in which they are testing for knowledge and skill is an essential course requirement. 
   4. Support persons in tests/exams 
      • If a student uses a sign language interpreter, the sign language interpreter may only support the student during testing situations by communicating with Test Centre staff – they cannot help students to complete a test by explaining test questions or prompting with test answers. 
      • Whether or not another type of support person can accompany a student during a test will depend on their purpose. The provision by a support person of any help that would compromise the integrity of the test is not permitted. 
   5. Memory aids
      • Purpose of memory aids: A specific group of students is eligible for memory aids. These students generally have great difficulty retrieving information from memory during tests and exams, even though they have carefully studied and understood the material.
      • Memory aid format: Rather than including course material, memory aids contain triggers or cues that enable a student to recall the course material. Cues include things like rhymes, diagrams or acrostics that cannot be understood or useful unless the student already has a good understanding of the course material. Formula sheets may be included as memory aids subject to the guidelines below. 
      • Eligibility for memory aids: students must have a documented medical condition or learning disability that results in a significant memory deficit. Specifically, an Accessibility Counsellor will only include a memory aid as an accommodation within an accommodation plan if a student provides a report from a regulated health care professional with expertise in the area, and the report describes: 
        • the impact of the student’s disability on the student’s ability to remember;
        • the nature of the memory assessment(s) performed, and;
        • describes why other strategies to improve memory are not sufficient.
      • Given the complexity of these issues and the potential impact on academic learning outcomes, an Accessibility Counsellor may seek a third-party review of the relevant disability-related documentation before supporting a memory aid as an accommodation.
      • Memory aid creation and approval: If an Accessibility Counsellor determines that is appropriate for a student to have a memory aid as accommodation, the accommodation will be included in an accommodation plan, along with guidelines to create and evaluate it.
      • Role of students: If a student has a memory aid accommodation, the student is responsible for creating the memory aid. The student may seek support from a Learning Strategist or their faculty. The student is responsible for submitting the memory aid to their professor/instructor at least five (5) days in advance of the test or exam. The student is responsible for revising the memory aid if requested by the professor/instructor.
      • Role of faculty: Once created, the memory aid is submitted by the student to the faculty member who will review and provide suggestions for revision to the student. The student then revises and resubmits the memory aid to the professor/instructor. The faculty member has final approval of the memory aid. Upon approval, the faculty member will sign it and submit it to the Test Centre by the faculty with the test/exam.
      • If there are issues with achieving approval of the memory aid, the student or faculty member may reach out to the Accessibility Counsellor for assistance.
   6. Tutors: An accommodation plan may include a recommendation for a tutor. The Accessibility Counsellor will advise the student as to how to access tutors.
   7. Assistive technology: In addition to assistive technology, Accessible Learning Services provides access to assistive technologists. Assistive technologists provide individual assessment and training on the use of assistive technology software and devices in the classroom. Some of the supports may include:
      • assistance with materials or textbooks in alternate formats
      • recording device technology for note taking support
      • text-to-speech/speech-to-text software
   8. Equipment: Accessible Learning Services also supports students to apply for bursaries and grants to assist with the cost of equipment or services required to participate in post-secondary studies, if the student is eligible.
   9. Skills development and supports
      • Accessible Learning Services accommodates students with disabilities by providing them with access to learning strategy experts. These employees are called learning strategists and they focus on providing students with practical learning strategies tailored to the individual student’s needs.
      • Accessible Learning Services provides students with disabilities the opportunity to continue to develop skills in areas that are commonly a challenge for those students, including:
        • organization skills and time management
        • augmenting writing skills
        • test anxiety and stress management
        • test/exam preparation and assignment planning
        • listening skills and note-taking strategies
        • reading textbooks and how to use them more effectively
        • study and memory techniques
        • developing group work dynamics and presentation skills

* Terms used in this guide are defined in the Accessible Learning Services Policy.

Under the Accessible Learning Services Policy, concerns about accommodation plans or implementing those plans are to be directed to the Director, Accessible Learning Services (the “Director”) for review and resolution. This guide describes the process the parties will follow. 

1. In assessing whether a review will be granted, the Director, Accessible Learning Services will consider the process that led to the accommodation plan, the accommodation plan and the reasons for the review. 
2. When considering a review, due deference will be given to the expertise and experience of the Accessibility Counsellor in analyzing functional limitations and developing appropriate accommodations.  
3. The Director, Accessible Learning Services may refuse a request for review if its determined that the parties have not made sufficient efforts to find a resolution.

1. The Director, Accessible Learning Services can review any aspect of the accommodation planning process, the plan itself and/or implementation methods.

1. A review may be requested by a student (or, if applicable, parent/guardian) or a faculty. 
2. An accessibility counsellor cannot request a review. 

1. A review should be requested where there is an irreconcilable concern.

1. A request for review only pauses the application of an accommodation plan if the Director, Accessible Learning Services determines and communicates in writing to all parties that the plan is paused. 

1. It is important that a request for review is made as quickly as possible after a student or faculty identifies an irreconcilable concern. The Director, Accessible Learning Services may, without reason, only accept a timely request for review.

1. The review process takes place in writing. 
2. The steps in the review process are as follows:
   • a student or faculty may write to request for review to the Director, Accessible Learning Services copying the Accessibility Counsellor and the student or faculty as applicable
   • requests are to be no more than 250 words and must include the student’s name, student number and course, the proposed accommodation, the efforts made to achieve resolution, the basis for the concern, and any supporting documentation as an attachment
   • upon receipt of the request, the student or faculty has two (2) days to file a response of no more than 250 words
   • the Director, Accessible Learning Services will meet with the Accessibility Counsellor to review the process, the accommodation plan and any other documents associated with the file

1. The Director, Accessible Learning Services will propose a resolution to the parties through the Accessibility Counsellor.  
2. The proposed resolution may reiterate or amend a previous solution explored by the parties. 
3. The Chair or designate will ensure faculty accept and implement the resolution.  
4. The student may, with the agreement of the faculty and the Accessibility Counsellor, propose an adjustment to the resolution that is acceptable to the student, the Accessibility Counsellor and faculty. 
5. A student may file a written complaint with the Office of the Vice-President, Students if they do not consider the resolution to be acceptable.

* Terms used in this guide are defined in the Accessible Learning Services Policy.

1. The Accessibility Counsellor exercises discretion to allow an interim accommodation where they are reasonably satisfied that a student’s request is made in good faith and is justified. 
2. Where justified, an interim accommodation is granted for the period within which it is reasonable for the student seeking the accommodation, providing the student can obtain and provide documentation of the functional impact of their disabling condition.

1. The Accessibility Counsellor assesses a student’s eligibility for interim accommodation and may provide temporary accommodation in the following circumstances:
   • the Accessibility Counsellor has inadequate documentation to support the development of an accommodation plan and is waiting for additional information either from the student or from other parties
   • the student has experienced the sudden onset of a disabling condition (either a new condition or the unanticipated recurrence of a known condition) and is awaiting reassessment
   • the student experiences a functional impairment related to their disabling condition
   • the student applies for interim accommodation and provides all information and documentation available to them to demonstrate the disabling condition and associated functional impairment

1. The Accessibility Counsellor may extend an interim accommodation for a period deemed necessary by Seneca if the documentation required for an accommodation approval is delayed. 
2. If Seneca concludes that a student has not made reasonable efforts to secure the documentation needed for an accommodation to be approved, the Accessibility Counsellor will notify the student one week in advance of the termination of the interim accommodation.

1. If a student has provided sufficient documentation that would support a particular accommodation, and there is an identified delay in accessing the service, technology or equipment, Seneca will provide a next best alternative accommodation on an interim basis until the most appropriate accommodation becomes available. 

* Terms used in this guide are defined in the Accessible Learning Services Policy.

A student who has a temporary disability is entitled to temporary accommodation. 

1. Students seeking a temporary accommodation are responsible for: 
   • requesting the accommodation through Accessible Learning Services
   • participating in an intake appointment where they meet with an Accessibility Counsellor 
   • describing the functional limitations arising from the time-limited disability
   • providing a letter from a Regulated Health Professional confirming the functional limitations arising from the time-limited disability as well as the anticipated duration of the limitations
2. Accessibility counsellors can determine what additional information is required or waive the requirement for a letter from a Regulated Health Professional if the student provides other evidence of their functional limitations and the anticipated duration. 

1. To provide a temporary accommodation, the Accessibility Counsellor will prepare a provisional accommodation letter setting out reasonable accommodation(s) and the duration, based on information from the intake interview and documentation.

1. A student must contact the Accessibility Counsellor to discuss extending temporary accommodation or developing a revised accommodation plan if the functional limitations arising from the disability continue beyond the original anticipated timeframe.

* Terms used in this guide are defined in the Accessible Learning Services Policy.

1. Requests for a retroactive accommodation can be made at any time. 

1. A student may request a retroactive accommodation if:
   • they can demonstrate their performance in a course, or on a test, assignment, or other course work, was negatively affected by functional limitations arising from their disability
   • functional limitations restricted their ability to inform Seneca that an existing accommodation plan was deficient 
   • they did not have warning or knowledge of the need for an accommodation and experienced disability symptoms for the first time

1. To establish eligibility for receiving a retroactive accommodation, a student must provide:
   • documentation to support the request that notes any inability to follow Seneca’s accommodation processes, and shows they attempted to communicate their needs as soon as they were able
   • medical documentation that supports the disability-related functional limitations during the requested retroactive accommodation period
2. The Accessibility Counsellor has the authority and discretion to consider all documentation submitted by the student to support the request for retroactive accommodation.
3. Medical documentation prepared during the period for which a retroactive accommodation is requested and evidence of treatment for the disability occurring during that timeframe will be considered.  
4. Medical documentation prepared after the requested retroactive accommodation period, but that is based on a regulated health care practitioner’s observations during the retroactive accommodation period, is also acceptable.  
5. Medical documentation prepared after the retroactive accommodation period is requested but that is not based on a registered health care practitioner’s observations during the retroactive accommodation period will be considered, but the Accessibility Counsellor may ask for additional supporting documentation. 

1. In addition to providing evidence that the student fulfils the above criteria, the Accessibility Counsellor must also consider whether the effect of the functional limitations associated with the student’s disability on the student’s performance on a test, assignment or other coursework was negative. In considering this, the Accessibility Counsellor will: 
   • consider the grades achieved by the student for similar course work, and all other work completed to date, in this specific course
   • consider the marks achieved by the student in other courses 
   • consult faculty as to whether the student’s performance during the period of disability was different and lower than previous performance
2. A grade achieved related to an accommodation request must be more than nominally lower. 
3. In determining whether the grade is more than nominally lower, the Accessibility Counsellor should exercise discretion and base their decision on all available information.  

1. After concluding that retroactive accommodation is necessary, but before deciding the nature of the retroactive accommodation to be granted, the Accessibility Counsellor will consult the Senior Manager, Accessible Learning, the Registrar, the Chair or designate, and all will work collaboratively and creatively with the student to find a solution that fulfils the essential academic requirements and Seneca’s duty to accommodate. 
2. Considering the necessity to fulfil the essential academic requirements, a retroactive accommodation may include, but is not limited to the following:
   • permitting the student to redo the course or test, assignment, or other coursework
   • regrading the course or test, assignment, or other course work
   • discounting the test, assignment, or other coursework (i.e. providing a lower weight to the test, assignment, or other coursework than otherwise would have been applicable)
   • discounting all grades received during the period for which retroactive accommodation is requested and marking on a “pass/fail” basis. 
   • permitting the student to withdraw from a course or roll-over fees for future course offerings. 

* Terms used in this guide are defined in the Accessible Learning Services Policy.

1. Accommodation allows students with functional limitations originating from a disability an opportunity to fulfil the essential requirements of a course or program. 
2. The duty to accommodate a student is not activated if the student’s disability or condition is such that the student is capable of fulfilling the essential academic requirements of a course or program.
3. Seneca is responsible for scrutinizing and determining what the essential academic requirements are in a course or program. 
4. Seneca will determine whether a student, even with accommodation, is able to meet essential academic requirements.  

1. Before recommending an accommodation, an accessibility counsellor will work to understand the essential academic requirements of the course or program to ensure the accommodation plan supports the student in fulfilling those requirements. 
2. Before assessing a proposed accommodation, professors/instructors will ensure that they have undertaken careful consideration of the matter, including:
   • considering what elements of the requirement or standard are essential and whether those elements can be fulfilled in other ways
   • ensuring the mastery of content is considered separately from mastery of format and insisting on a particular format only if mastery of that format is an essential academic requirement
   • demonstrating that the requirement or standard has been consistently applied
   • demonstrating that the assessment of the essential nature of the requirement or standard has been objective and thorough 

1. To demonstrate that a student cannot fulfil the essential academic requirements of a course or program, Seneca must engage in an objective assessment process of the student’s ability. 
2. Assessments will change depending on the nature of the essential academic requirements and the student’s functional limitations. 
3. Student assessment will be led by the Director, Accessible Learning Services and involve the Chair or designate.
4. Before assessing the student, the Director, Accessible Learning Services must be satisfied that the essential academic requirements have been identified.
5. The assessment will include a plan to objectively and carefully assess the student’s ability to fulfil the essential academic requirements.
6. The assessment may involve legal advice to confirm that Seneca has followed a fair and defensible process. 

* Terms used in this guide are defined in the Accessible Learning Services Policy.

1. Given Seneca’s institutional size and scope, Accessibility counsellors are encouraged to explore all options before recommending that a student cannot be accommodated due to undue hardship.

1. Evidence demonstrating undue hardship must be objective, honest and direct. 
2. Analysis will align with the Ontario Human Rights Code definition of undue hardship. 
3. Costs supporting an undue hardship argument will be quantifiable, related to the accommodation and be determined to substantially alter the nature of Seneca’s operation or threaten institutional viability. 
4. To determine that costs would alter the nature of Seneca’s operation or threaten its viability, Seneca has to demonstrate: 
   • costs cannot be recovered
   • other parts of the institution cannot help with the costs
   • costs cannot be phased in over years
   • education programs and services for all students will be substantially and permanently altered

1. Budget and limited resources arguments cannot be used to justify refusing an accommodation based on undue hardship. 
2. If an accommodation is appropriate and Accessible Learning Services does not have the resources or the ask is outside the Accessible Learning Services budget, the matter should be escalated to the Manager, Accessible Learning Services before determining whether there is undue hardship.  

1. Accessibility counsellors will make recommendations to refuse an accommodation based on undue hardship to the Manager, Accessible Learning Services or delegate.  
2. The Manager, Accessible Learning Services advances the recommendation to the Director of Accessible Learning Services only after the Manager is satisfied that the Accessibility Counsellor has properly considered and applied the criteria for such a recommendation. 
3. The Director, Accessible Learning Services will liaise with legal counsel and Chair or designate as needed once a recommendation is put forward and will provide feedback to the student regarding Seneca’s decision to refuse an accommodation request based on undue hardship.