equity

Religious, Aboriginal, and Spiritual Observance Accommodation

FAQ

What is religious accommodation?

Under the Ontario Human Rights Code, people are entitled to be free from discrimination and harassment on a number of prohibited grounds, including religion.  This right also incorporates the entitlement to have one's religious practices accommodated by providers of public services and facilities (such as universities) Religious accommodation is the right to have time away from study to practice the tenets of one’s faith as long as it does not cause undue hardship on the part of the University.  The obligation to accommodate is mandatory, not discretionary. Ryerson policy also undertakes to provide accommodation for spiritual and aboriginal observance.

What is undue hardship?

What constitutes undue hardship is determined on a case-by-case basis, but generally speaking the University would need to show that accommodating a religious practice for a student would create onerous conditions. Undue hardship is determined by considering the cost (relative to the overall budget of the University), outside sources of funding, if any, and health and safety requirements. 

How does a student make a request for religious, Aboriginal, or spiritual accommodation?

Given that timely requests will prevent difficulties with arranging constructive accommodations, students are strongly encouraged to notify instructors in the first two weeks of classes of observance accommodation issues which may be upcoming during the semester.  In any event, requests for accommodation must normally be presented to the instructor no later than two weeks prior to the conflict in question (in the case of final examinations within two weeks of the release of the examination schedule).  In cases where the request cannot be resolved with the instructor, the student should consult with the Chair or Director of the department responsible for the course.

Requests for accommodation of observance can be made informally or formally to the course

instructor. Informal requests will be made verbally through private discussion or through an email between the student and instructor. For formal requests, students must submit a copy of the religious accommodation form, which is available on the Senate website at http://www.ryerson.ca/senate/forms/.  Instructors will confirm accommodations in writing within 5 days of receiving the request.

Alternatively, students may submit their formal request directly to their Chair/Director. In such cases, the Chair/Director will work with the instructor and the student to determine an accommodation. Where an accommodation cannot be reached through the Chair then students have the right to consult with the Dean of the Faculty.

An instructor believes their course  is very demanding. Can the instructor  indicate in their course outline that no student can take time off to observe their personal beliefs?

Under the Ontario Human Rights Code and Ryerson’s Discrimination and Harassment Prevention Policy all instructors are required to accommodate religious needs, up to the point of undue hardship. An instructor cannot ignore their obligations under human rights law. 

What are some examples of religious, spiritual or aboriginal accommodation? 

Observance may restrict participation in course activities, including:

�          Absence from class

�          Absence from scheduled exams

�          Absence from scheduled placement, or clinical settings

�          Following specific dress codes

�          Temporary absence from class for daily prayers, fasting or breaking a fast while attending class

�          Other required activities outlined in the course syllabus.

Accommodation should prevent academic disadvantage or penalty to the student in question.  Instructors are encouraged to consult with the Discrimination and Harassment Prevention Office for further information. 

Which religions are accommodated?   Would witchcraft be accommodated as a religion?

Religious, Aboriginal and spiritual observances are often highly personal and subjective.  This requires that instructors accept the sincerely held beliefs of students at face value and accommodate and address issues, through informal or formal procedures.

Please refer to the Religious Observance Calendar http://www.ryerson.ca/equity/calendar/

Those who practice Wicca are generally accommodated.

The tenets of some religions require practices that are undertaken once a week or more.   Are these religions entitled to accommodation, as well?

Yes. Some people, such as Orthodox Jews and Seventh Day Adventists, practice their religious faith by worshipping from sundown on Friday until sundown on Saturday. Therefore, they are required to be away from work and study during these times. In winter, when the days are shorter, it may be more difficult to accommodate because sundown arrives early. Nevertheless, accommodation is still a legal requirement. These practices all trigger the duty to accommodate.

Should the accommodation response be  different if the person seeking accommodation is part of a mainstream (e.g., Christian) religion?

No. Christianity is a religion like any other, and their rights to accommodation are similar to those in other faith communities.

Is there a difference between cultural observance and religious, spiritual and Aboriginal observance?

 Yes there is a difference between cultural observance and religious, spiritual and Aboriginal observance.  The university must ensure that it accommodates religious, spiritual and Aboriginal observance but it is not a requirement under the Ontario Human Rights Code to accommodate cultural observance. Students or instructors who require advice on cultural observance are invited to consult with Discrimination and Harassment Prevention Office for further information. 

What happens when only some members of a particular religion request accommodation and others do not?  Are some people taking advantage of their religion and others are not?

No person observes their religion in exactly the same way.  Religious, Aboriginal and spiritual observances are often highly personal and subjective. Ryerson policy notes that “Religious, Aboriginal or spiritual observances are often highly personal and subjective. This requires that instructors accept the sincerely held beliefs of students at face value and accommodate and address issues, through informal or formal procedures detailed in this policy." This means that those members of a given faith who are more observant on some issues are NOT taking advantage of their religion. They simply experience or express their faith differently from other members of their faith.