504-B Guidelines for Creed Accommodation (Religious/Faith)

Transcription

1 504-B Guidelines for Creed Accommodation (Religious/Faith) Introduction The Ontario Human Rights Code protects people s right to have and practise the creed beliefs they choose without discrimination. It protects people s right to equal treatment based on creed. The Upper Grand District School Board recognizes and values the diversity within its community and is committed to providing a safe, respectful and equitable environment for all, free from all forms of discriminatory or harassing behaviours based on creed. The Board is committed to taking all reasonable steps to provide creed accommodation for students and staff. The Board further recognizes that accommodation is a shared responsibility. Everyone involved, including the person requesting an accommodation should work together to find accommodation solutions. Purpose The purpose of this guideline is to ensure that all Board staff, students, parents and other members of the school community are aware of their rights and responsibilities under The Code with respect to creed-based accommodation. It also sets out the Board s procedures for accommodation and the responsibilities of each of the parties to the accommodation process. Definitions Accommodation The Ontario Human Rights Commission s Policy on Preventing Discrimination based on Creed (2015) defines accommodation as a duty corresponding to the right to be free from discrimination: Creed accommodations enable people affiliated by a creed to fully and equally take part and contribute when they would otherwise face barriers because of their creed The duty to accommodate stems, in part, from a recognition that the normal ways of doing things in organizations and society are often not neutral but rather may inadvertently disadvantage, privilege or better meet the Page 1 of 9

2 needs of some groups relative to others. Instead of giving special privileges or advantages, accommodations help to level the playing field by ensuring that all Ontarians are equally included and accommodated. The duty to accommodate has a procedural component (the process) and a substantive component (the accommodation provided). The procedural component involves the considerations, assessments and steps taken to respond to an accommodation need. The substantive duty is about the appropriateness or reasonableness of the chosen accommodation as well as the reasons for not providing an accommodation, including proof of undue hardship. Creed Creed is often referred to as religious beliefs and practices. Creed may also include non-religious belief systems that, like religion, substantially influence a person s identity, worldview and way of life. The following characteristics are relevant when considering if a belief system is a creed under the Code. A creed: Is sincerely, freely and deeply held Is integrally linked to a person s identity, self-definition and fulfillment Is a particular and comprehensive, overarching system of belief that governs one s conduct and practices Addresses ultimate questions of human existence, including ideas about life, purpose, death, and the existence or non-existence of a Creator and/or a higher or different order of existence Has some nexus or connection to an organization or community that professes a shared system of belief Given the breadth of belief systems that have been found to be a creed under the Code, organizations should generally accept in good faith that a person practices a creed, unless there is a significant reason to believe otherwise. Undue Hardship Accommodation will be provided to the point of undue hardship, as defined by the Ontario Human Rights Commission. A determination regarding undue hardship will be based on an assessment of costs, outside sources of funding, if any, and health and safety. Page 2 of 9

3 A determination that an accommodation will create undue hardship will be made only with the approval of the Board of Trustees. Where a determination is made that an accommodation would create undue hardship, the person requesting accommodation will be given written notice, including the reasons for the decision. Where a determination of undue hardship has been made, the Board will proceed to implement the next best accommodation short of undue hardship, or will consider phasing in the requested accommodation. Areas of Accommodation Areas where creed-based accommodations may be requested include: Creed-based holidays and observances School Opening and Closing Exercises Prayer Food restrictions Dress codes Modesty requirements for Physical Education Participation in daily activities and curriculum Indigenous spiritual practices General Procedures 1. It is the role of the Board and its staff to ensure equity and respect for the diverse beliefs and practices based on creed of students, their families and staff. 2. The Board will take all reasonable steps to provide accommodations based on creed. 3. All accommodation requests will be taken seriously. 4. No person will be penalized for making an accommodation request. Page 3 of 9

4 5. The Board will base its decision to accommodate by applying The Code s criteria of undue hardship with the Board s ability to fulfill its duties under Board policies and the Education Act. 6. School administrators will not be obligated to monitor a student s compliance with creed-based beliefs or practices (e.g., enforcing such practices as performing daily prayers or wearing a head covering). 7. When concerns related to creed-based beliefs and practices arise in schools, collaboration among the school, student, family, and faith community is needed in order to develop appropriate accommodation. 8. The school will take into consideration the scheduling of major evaluations, such as tests, assignments or examinations, based on the accommodation needs. 9. Student handbooks and parent newsletters should include easily understandable information about the procedure to follow to request an accommodation. Unresolved Requests Despite the Board s commitment to consider reasonable accommodation, an individual may feel that discrimination based on creed has occurred which has not been resolved. The Board will take reasonable and timely steps to address any and all such unresolved issues raised by the affected person. Procedures for Individual Areas of Accommodation Creed-based Holidays and Observances The Education Act, Section 21:2(g) establishes that A child is excused from attendance at school if he/she is absent on a day regarded as a holy day by the church or religious denomination to which he/she belongs. The Board and schools will encourage individuals to advise of creed-related holidays, Sabbath days and observances as early as possible. The Board and schools will make reasonable efforts to acknowledge the different observances of their community and, to the extent possible, not schedule conferences, meetings, workshops on significant creed-based holidays and observances. Students must present verbal or written notice from their parents/guardians specifying their accommodation needs relating to creed at the beginning of the school year, to the Page 4 of 9

5 extent possible. Schools will make every reasonable effort to be aware of the creedbased observances of their staff, students and community when planning special school activities, examination schedules, school concerts, parent interview dates, field trips and other events. Schools will reschedule major tests, exams and major assignments for students when necessary. Leaves of Absence Collective agreements provide for the accommodation of employees wishing to observe creed-based holidays. All staff and students who observe religious holy days should be allowed leave without having to undergo unnecessary hardship in the request of the leave. The person requesting the leave should advise the administration or manager at the beginning of the school year. If September notice is not feasible, the person should make the request as early as possible. Significant Faith Days The days listed below are some faith-based holidays of particular significance to members of the major communities in UGDSB (for specific dates see the equity/diversity calendar posted online). The UGDSB is committed to affirm and value equally the faith diversity in our schools and worksites; therefore, events such as conferences, meetings, workshops, other professional events, co-curricular activities, and exams/tests will not be scheduled on these significant faith days: Baha i Buddhist Christian (Western) (Eastern) Hindu Jewish Muslim Sikh Ridvan Lunar New Year/Chinese Christmas Good Friday Christmas Holy Friday Diwali Rosh Hashanah (2 days) Yom Kippur Passover/Pesah (first day) Eid-ul-Fitr Eid-ul-Adha Baisakhi In addition to these days, the equity/diversity calendar also lists other dates where staff and students may need accommodation. The calendar is not, however, an exhaustive account of all creed-based holidays or observances. Page 5 of 9

6 Opening and Closing Exercises In accordance with the Ontario Ministry of Education PPM #108, all public elementary and secondary schools in Ontario must be opened or closed each day with the national anthem. God Save the Queen may be included. The inclusion of any content beyond O Canada is optional for public school boards. Where public school boards or schools include in opening or closing exercises anything in addition to the above, it must include either or both of the following: a) one or more readings that impart social, moral, or spiritual values and that are representative of our multicultural society that may be chosen from both scriptural writings, including prayers, and secular writings; b) a period of silence. If a student or parent/guardian who objects to all or part of the opening or closing exercises of a school due to creed-based beliefs, the student will be exempted and given the option not to participate and to remain in class or in an agreed upon location through the duration of the exercise. Prayer Some creeds require their practitioners to observe short periods of prayer at set times of the day. Accommodation for prayer may include late school arrival, early school leaving or seasonal adjustment. Schools will make reasonable efforts to accommodate individuals requirement for daily prayer by providing an appropriate location within the building for students and staff to participate in prayer, such as: a) a quiet space in the library b) an empty room c) any mutually satisfactory location for the school and the student or staff member Any adult presence will be for supervision purposes only. Note: The Board will reasonably accommodate staff with regard to prayer. Page 6 of 9

7 Food Restrictions Individuals may have creed-based dietary restrictions or food practices. Schools will consider: Fasting a) menus provided by catering companies b) school nutrition programs (breakfast, lunch, snack) c) food provided in school cafeterias, at school-sponsored activities d) school or community events, overnight outdoor education activities and field trips that extend over a mealtime period Some creeds require their members to fast or abstain from food for set periods of time. Schools will: a) endeavour to provide appropriate space, other than cafeterias or lunchrooms, for individuals who are fasting in religious observance, and b) make reasonable efforts to provide appropriate accommodations for students during fasting periods (e.g., temporary exemption from physical activity in physical education class). Dress Codes The Board recognizes that there are creeds that require specific items of ceremonial dress. Some religious attire, which is a requirement of religious observance, may not conform to the Board Policy #515 Appropriate Dress or an individual school s Appropriate Dress Policy (dress code). Religious attire that is reasonably accommodated includes, but is not limited to: Schools will: head covers (e.g., yarmulke, turban, Rastafarian headdress, hijab) religious objects (e.g., crucifix, Star of David, kirpan) a) review their dress codes to ensure religious attire is included, as appropriate b) reasonably accommodate students with regard to religious attire Page 7 of 9

8 c) provide accommodations as necessary for a student to participate in physical education and school organized sports d) be proactive in addressing potential harassment and bullying resulting from the wearing of religious attire The Board will reasonably accommodate staff with regard to religious attire. Modesty Requirements for Dress for Physical Education The Board recognizes that some creeds observe strict modesty attire which may require accommodation for students to participate in physical education activities and school sports. Examples include: a) accommodating students who are not permitted to wear shorts or T-shirts by allowing them to wear other safe and comfortable clothing b) accommodating students who cannot change in front of others by allowing them to change in an alternate location or time to allow for privacy Participation in Daily Activities and Curriculum The Board will seek to reasonably accommodate students where there is a demonstrated conflict between a specific class or curriculum and a creed-based requirement or observance. The school will meet with the family to gather more information about the nature of the accommodation request. Very often, small adjustments and modifications can be made to the way that the curriculum is delivered so that it respectfully addresses and accommodates the student s needs. Parents/guardians must be specific with respect to the subject area, units and specific expectations within a subject and grade level. The Board form, Request for Creed Accommodation, may be used for this purpose. Indigenous spiritual practice Indigenous peoples practise diverse spiritual traditions in Ontario reflecting the diversity of indigenous peoples in Ontario and Canada. Schools will accommodate indigenous spiritual beliefs and practices (e.g., smudging, lighting of Inuit quilliq). Limitations to creed accommodation The duty to accommodate may be limited, including when the duty causes undue hardship, conflicts with safety, or interferes with a competing right. Page 8 of 9

9 Resources The following resources are available: UGDSB calendar of multi-faith days Multifaith Information Manual: An Authoritative Guide to Religious Rights and Accommodations (Ontario Multifaith Council on Spiritual and Religious Care), 5th edition UGDSB Smoke-Free Environment Policy 208 Page 9 of 9