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You work at the anti-harassment office of a community college. You have to draft a decision regarding the dispute outlined below which has arisen between

You work at the anti-harassment office of a community college. You have to draft a decision regarding the dispute outlined below which has arisen between a student and a faculty member.

The student is a person who is deaf and does not wish to have a sign interpreter or note taker with him in the classroom. Rather, he prefers to read lips.

He is in the last semester of his final year. The student is having difficulty in a required course because he says he cannot read the lips of the professor, a Sikh male who has a full beard and speaks with what the student calls an "accent".

The student asked the chair of the program he is in to make arrangements for another instructor either to teach the course, or at least, to be available to him privately. The chair asked whether he could just on this occasion arrange either for a sign interpreter or note taker. The student said that this represents a failure to accommodate him in the manner that he believes is most respectful of his rights. The student has made a complaint to the anti-harassment office.

In an effort to resolve the issue, the program chair approached the professor to ask whether he might consider, just for this semester, shaving his beard and making an effort to speak more slowly. The professor said these requests amount to discrimination and harassment on the basis of race and ethnic origin. He indicated that he will consider making a complaint to the Ontario Human Rights Commission and/or leaving his job. He has also approached the anti-harassment office. The program chair discusses the issue with the union representing the faculty. It is their view that the professor should not be required to make any changes. They are also of the view that the college's progress with respect to employment equity is not good, especially in this department.

As an anti-harassment officer, you must resolve the dispute. You must include the following in your decision:

  • definition of key terms related to this scenario;
  • discussion of human rights concepts that would be applicable;
  • review of relevant legislation;
  • your recommendations in terms of how to address these issues.

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