Retroactive Accommodation

Introduction

The OHRC 2018 Policy on Accessible Education provides a framework for consideration of Retroactive Accommodations.

Typically, Retroactive Accommodations are considered when “A student may be experiencing a disruption in their functioning, but may not be able to follow the institution’s process for arranging accommodation. A student may not have prior warning that they will have accommodation needs, or they may find themselves in a situation where they are experiencing disability-related symptoms for the first time. In these circumstances, if a student has failed to meet performance expectations in a class, course, program, etc., the institution has an obligation to consider accommodation after the fact” (OHRC, 2018, p.55).

Program areas or teaching faculty should not state or imply that requests for accommodation after a deadline, test, or course completion (i.e. retroactive accommodation) will not be considered. It is important to note that offering retroactive considerations and accommodations to students when requested is not something new. Teaching faculty have routinely problem-solved unique situations with students.

Students may share their need for a Retroactive Accommodation with Student Success Advisors, Counsellors, Teaching Faculty, or any College staff who are in a supporting or teaching role. Staff can contact Accessible Learning Services for guidance and support around any retroactive accommodation request, even if the student is not currently registered with Accessible Learning. Students may also request Retroactive Accommodation consideration through the College’s Academic Appeals Procedure.

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Procedures

Accessible Learning Services works with students and program areas to determine if a student’s request meets the requirements of a retroactive accommodation and, if so, what accommodations and/or individualized solutions can be put in place. Every student situation and/or request is unique and the approach to retroactive accommodation will be highly individualized.

When a retroactive accommodation is requested, staff should contact the Accessibility Counsellor noted on the student’s Accommodation Letter to further guidance and support.

If student who is not registered with Accessible Learning Services requests Retroactive Accommodation, the student should be encouraged to register with Accessible Learning (see How to Register section of this website).

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Responsibilities

The Student is Responsible for:

• Communicating their accommodation needs in a timely way to their academic program and/or their Accessibility Counsellor
• Registering with Accessible Learning Services if they are not registered
• Provide documentation specific to the retroactive accommodation request that indicates functional impact of their disability including functional impact during the time period of the retroactive accommodation request, and duration of functional impact
• Actively participate in the retroactive accommodation process with Accessible Learning Services, and the academic program area to find a solution
• Understanding that there may be a wide range of options and accommodations to address a retroactive accommodation request that may be different from the student’s original accommodation request
• Understanding that if there is insufficient or no documentation, or there is a determination by Accessible Learning Services and the academic program that the request does not fall within the duty to consider retroactive accommodations, the request may be denied.

The Accessibility Counsellor is Responsible for:

• Ensuring the request for Retroactive Accommodation is accepted in good faith, and is considered
• Determining if a student’s request falls within the duty to accommodate
• Receiving, reviewing, and interpreting relevant documentation from the student and following all ALS protocols regarding confidentiality. Only the functional impact of disability and relevant timelines is shared with academic programs
• Participating in the Retroactive Accommodation process working with both student and program area to determine the range of options to address the accommodation request
• Meeting with the student as required to support understanding the process of review and consideration of the retroactive accommodation request
• Working with the academic program to determine the impact of proposed retroactive accommodations and/or possible solutions on meeting course learning outcomes and on student safety and the safety of others (e.g., in health care clinical environments, technical labs)
• Working with the academic program to implement the Retroactive Accommodation including details and timelines

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