Modifications Guidance + Support

The Sexual and Gender-Based Violence Policy provides for modifications for those who have been subjected to sexual or gender-based violence (SGBV) and as a result their ability to participate in their University activities is impacted. Because every situation is different, modifications will rarely look the same for different survivors and are provided on a case-by-case basis. Modifications can be provided by anyone within their area of authority.

To ensure consistency and proper application, this Guide sets out:

  • Guiding principles to consider when providing modifications
  • The purpose of modifications
  • General examples
  • Limitations
  • Guidance about when reasonable accommodations to account for protected grounds may be necessary

Academic, workplace or residence modifications are intended to mitigate immediate and short-term effects of an experience of interpersonal harm on the discloser’s ability to access and participate in the work and learning environment. Modifications may be available upon disclosure of an experience of sexual or gender-based violence.

Note: Those seeking conditions or restrictions to be applied to the subject of the disclosure should refer to the Interim Measures Examples and Support guide.

Purpose

The purpose of modifications is:

  • to prevent further unwanted contact with the subject of the disclosure
  • to reduce, to the extent possible, the negative impacts of SGBV on the ability of the person harmed to participate in the work and learning environment

Examples

Examples of modifications include, but are not limited to:

  • Exam deferral or extension on an assignment, with new timeline specified (i.e. an excused absence from term work)
  • Alternate readings where the assigned reading has triggered a survivor
  • Transferring to a different section of a course
  • Moving residence room or building, or release from residence contract without penalty
  • Temporary adjustments to work location, supervision, modality or hours
  • In extreme circumstances, a period of leave from academic program or work without penalty

Limits

Modifications

  • are not intended to be or take the place of long-term accommodations (see “Accommodations” section below)
  • may not infringe on any other individual’s rights or access to the work and learning environment
  • may not violate academic integrity or provide unfair academic advantage, and may not have the effect of:
    • waiving an academic requirement
    • receiving credit for work not completed
    • receiving passing grades for courses in which learning objectives are not met
  • may not infringe on a course instructor’s academic freedom, for example, manner of assessment
  • may not disrupt the normal operations of the workplace and will be subject to any applicable collective agreement

Accommodations

Where the SGBV impacts persist or require more assistance than the limited and short-term modifications are able to provide, the discloser should explore longer term accommodations in accordance with the Discrimination, Harassment and Duty to Accommodate Policy. To explore or request accommodations, students should contact the Academic Success Centre, and staff should contact their supervisor or HR Partner.

Related policies

Definitions

Definitions
Any definitions listed in the following table apply to this document only with no implied or intended institution-wide use.
Modifications Adjustments the University may be able to make for any person within the scope of this policy who discloses having been subjected to SGBV. The modifications may relate to their academic program, employment, University residence or recreational or other programs and are designed to mitigate the impact of SGBV on their access to or participation in the [work and] learning environment.
Work and learning environment

The [work and] learning environment is to be understood broadly to encompass all aspects of University life. It includes:

  • physical and virtual spaces where University teaching, learning, work, research, residence, recreational and social activities take place;
  • University activities, events and functions, including, but not limited to, teaching, research, studying, work, administration, meetings, public service, travel, conferences, and training; public lectures, performances, student group events, and social or sports activities.
Disclosure Any verbal or written report or account by any person within the scope of this policy to a member of the University community that they have been subjected to SGBV, often for the purpose of seeking support or assistance.
Corrective actions Measures undertaken by the University to address and prevent SGBV and ensure the safety of the workplace, including, but not limited to: education, training, improved procedures, physical alterations and/or restoration of respectful workplaces; interim measures, modifications, University-initiated discipline for faculty, staff or students, and/or non-disciplinary accountability options.
Complaint A type of disclosure made to a University official that alleges SGBV misconduct for the express purpose of initiating a formal University disciplinary process, including an investigation and decision on disciplinary action.
Interim measures

Non-disciplinary conditions or restrictions that the University may apply to a person within the scope of this policy alleged to have committed a violation under this policy. Such conditions may be applied in response to a disclosure or complaint. The purposes of interim measures are to ensure the discloser’s safety or the safety of the University’s [work and] learning environment, to remove barriers to the discloser’s access to the [work and] learning environment, to discourage or prevent retaliation, prevent further harm and/or preserve the University’s ability to conduct an investigation.

Interim measures are not based on a finding of a policy violation, are not considered sanctions under any University complaint process, and will not be interpreted or used in a complaint as evidence that the person under allegation committed misconduct.
Non-disciplinary accountability options

Collaborative facilitated processes to explore interpersonal or institutional accountability options outside of a complaint. Typically requested by the discloser but voluntary for all parties, interpersonal accountability options are intended to be flexible and creative, and may include, but are not limited to: restorative practices, transformative justice, culturally-specific and appropriate practices, peacemaking circles, educational and other remedial activities.

Institutional accountability options may include review of policy, procedure or practice to encourage disclosures and/or discourage SGBV; examination of factors contributing to or permitting SGBV in a specific department, unit or area; and initiatives or projects with the aim of creating or fostering a safe and supportive [work and] learning environment.
Accommodation

Accommodation is the process of making reasonable adjustments to the delivery of services and the conditions of employment in order to alleviate any adverse impacts on persons that result from the application of rules, policies, practices, standards, terms of employment, or decisions, due to a characteristic or perceived characteristic referenced in the protected grounds.

Accommodation is a shared responsibility between the university and the individual in need of accommodation and is assessed on the unique circumstances of each individual. The process requires reasonable accommodation, not instant or perfect accommodation. The recipients of accommodation (e.g. students, faculty and staff) may be required to try different accommodation options. The university is required to provide reasonable accommodation up to the point of undue hardship. Accommodation neither requires nor implies that the university lower its academic or professional standards. Nor does accommodation relieve students of the responsibility to demonstrate the essential skills and competencies required by programs or staff of the responsibility to meet the performance requirements of a position in which they are accommodated.