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Queen's University
 

School excludes a student with a seizure disorder

Summary

This case is against a school that, according to the DRC,  discriminated against a 17 year old female student by excluding her from classes for almost an entire term, failing to provide her with appropriate academic support upon her return to school, and excluding her from a school field trip.

According to the student, this discrimination was unlawful because it was based on her disability, seizure disorder. The school, however, maintained that the exclusions had been justified, and therefore legal, because the student presented a bona fide health and safety risk to staff and students. They did not, however, conduct a health and safety risk assessment.

In 2004, the DRC reviewed his case and deemed it to have very good prospects of success in court. Funding began in 2004, the year the hearing was due to begin.

Interest

According to the DRC, this case is interesting because "it usefully highlights the way that generalized assumptions about health and safety can cause discrimination.  It is also illustrative of the consequences that occur if a school fails to plan ahead in relation to a disabled student."

Outcome

No final outcome has been posted on the DRC website.

Kingston, Ontario, Canada. K7L 3N6. 613.533.2000