The College is committed to providing services in a manner that reflects the aims of the Ontario Human Rights Code (“Code"). In providing its services to the public the College will meet its obligation to accommodate Human Rights Code-protected needs, up to the point of undue hardship.
A Code protected need is a need related to a person’s:
- place of origin
- ethnic origin
- sex (including pregnancy)
- sexual orientation
- gender identity
- gender expression
- marital status
- family status
Requests for Code-related Accommodation During a College Investigation
If a person indicates during an inquiry or investigation that they require Code-related accommodation in order to access the College's investigation processes, the responsible investigator shall:
- Ensure that:
- Where this is necessary and appropriate, the notes related to the accommodation request are kept separate from other file materials in order to avoid inappropriate disclosure of personal health information and/or personal information
- Personal health information and other personal information disclosed to the College are not disclosed to the other parties to an investigation except with the requester's consent or as necessary to ensure a fair investigation process
- Ask the requester to provide the College with a written request for accommodation that specifies:
- The Code-related ground to which the request is related.
- The reason for the request.
- The nature of the accommodation sought.
- Direct the requester to this policy, which shall be posted on the College's website, and emphasize that the College will collaborate with the requester in order to devise an accommodation that is necessary to ensure the requester can fully access the College’s process
- Explain that:
- The fact of a request for accommodation and the provision of accommodations by the College (if any) will be included in the record of investigation.
- The requester may be required to provide supporting documentation (i.e. medical documentation) to verify/support their request for accommodation.
- The accommodation process is a collaborative process between the party and the College, which requires the cooperation and involvement of the party.
- Notify the Registrar or his/her delegate so that the accommodation request may be reviewed.
All accommodations require approval by the Registrar or the Registrar's delegate.
If the requester and the College cannot agree on what type of accommodation is appropriate in any case, the Registrar and if the Registrar is not available, the Assistant Registrar will make a determination as to what accommodation, if any, is to be provided (the “Accommodation Decision”). An Accommodation Decision may be reviewed by a panel of the Inquiries, Complaints and Reports Committee, (the “ICRC”) if requested by a party within 10 days of the party receiving notice of the Accommodation Decision.
The decision of the ICRC is final.
Tracking and Records Maintenance
The Registrar and if the Registrar is not available, the Assistant Registrar, will select a College staff member who acts as the Human Rights Protocol Officer.
The responsible investigator will notify the Human Rights Protocol officer of any requests for accommodation.
The person who acts as the College's Human Rights Protocol Officer will track all requests for accommodation and the nature of accommodations offered during the course of an investigation.
Procedures Where a Party Alleges a Staff Person’s Breach of the Code
If a person alleges that a College staff person has breached the Code in the course of a College investigation then the person with a concern should be directed to set out their concerns in writing to the Registrar. Any concerns relating to the breach of the Code by College staff in the course of a College investigation will be investigated and determined by the Registrar or his/her delegate.
When the investigation is completed the Registrar and where the Registrar is not available, the Assistant Registrar will communicate in writing to the person who has raised concerns regarding the result of the investigation.
The Office of the Registrar will maintain all records relating to investigations of alleged breaches of the Code by College staff.
Approved by RCDSO Council November 2015; revised November 2018