Public input on this draft document is welcome. Visit http://www.ugdsb.on.ca/policy or write
to Policy, UGDSB, 500 Victoria Rd. N., Guelph ON N1E 6K2. Deadline is April 13, 2016.
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
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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.
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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.
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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
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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.
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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.
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Food Restrictions
Individuals may have creed-based dietary restrictions or food practices. Schools will
consider:
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
Fasting
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:
•
head covers (e.g., yarmulkes, turbans, Rastafarian headdress, hijabs)
•
religious objects (e.g., crucifixes, Star of David, kirpan)
Schools will:
a)
review their dress codes to ensure religious attire is included, as
appropriate
b)
reasonably accommodate students with regard to religious attire
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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.
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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
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