“On Friday, July 19 2013 the Human Rights Tribunal of Ontario will begin hearing the disability discrimination claim brought against McMaster Universityby former PhD student, Jason Tang.” ARCH
The demonstrable failure of McMaster is to stand their ground and not allow Mr. Tang a reasonable accommodation required by law.
McMaster had several opportunities along the way to mediate this dispute.
The second failure of the Canadian Human Rights system is that Mr. Tang has to sue the university on his own without government support.
The US system of human rights for persons with disabilities includes the Americans with Disabilities Ammendments Act (ADA Ammended) plus the enforcement by the Equal Employment Opportunity Commission (EEOC) which can not only enforce compliance but also penalize any organization that denies the human rights accommodation of Americans with disabilities.
Jason Tang’s claim
“Mr. Tang is an accomplished scholar who has published over 20 articles in peer-reviewed journals. In 2008, just a few months before he was to complete the comprehensive exam requirement of his degree,”
“Mr. Tang suffered a brain injury resulting in post-concussion syndrome (PCS). He had completed most of the required components of McMaster’s Medical Sciences PhD program, but the after-effects of PCS required accommodations of his disability in order to successfully complete the exam.”
“Mr. Tang says that he asked for clarification of the essential requirements for the exam for more than eight months in order to explore possible accommodations.”
“He says Professor Cathy Hayward, McMaster’s Associate Dean of Graduate Studies (Health Sciences), eventually told him that he had to complete the exam in the same format that had been designed for all PhD students in his department.”
“He claims that he was offered extra time to complete the exam along with other forms of support for writing.”
“However, Mr. Tang had previously indicated that extra time was not an appropriate accommodation because of the nature of his disability. Mr. Tang then attempted to complete the exam. He claims that without appropriate accommodations he was unable to complete the exam and was ultimately forced to leave his PhD studies.”
“I am very disappointed. I only wanted the chance to demonstrate that I possess the competencies required for the PhD degree in a manner that accommodated my disability,” said Mr. Tang.
“It will be up to the Tribunal to decide if McMaster discriminated against Mr. Tang. This is an important case because it will address some of the unique questions that arise for students with disabilities at a graduate level. Our hope is that a decision will provide some future guidance to all universities and students,” said Laurie Letheren , of ARCH Disability Law Centre. (quotes from ARCH Disability Law Centre )
CBC covered this story PhD student alleges discrimination by Mac over concussion
A former McMaster University PhD student has launched a human rights complaint against the university over how it responded to his concussion-related health issues as he tried to complete his doctorate.
Jason Tang, 32, is alleging that his post- concussion symptoms constitute a disability and the university’s failure to make accommodations for him amounts to discrimination. McMaster denies any wrongdoing, and says that Tang was offered appropriate accommodations.
The Ontario Human Rights Tribunal will begin hearing arguments on Friday.
In 2008, Tang, a student in McMaster’s Medical Sciences PhD program, sustained a concussion during a sporting accident. Following the accident, he demonstrated symptoms related to post-concussion syndrome — nausea, fatigue and difficulties with attention and concentration.
‘It is difficult to appreciate in that it is an invisible injury.’—Jason Tang
As a result of the symptoms, Tang, who had previously completed the coursework component to his PhD program, had significant difficulty preparing for the final examination requirement, and said in a written statement that “the significant attentional-and cognitive demands involved in PhD level work (even for only an-hour or two at a time) causes me to experience disproportionate-negative health consequences for several hours or even days.”
Tang’s lawyer, Laurie Letheren of the ARCH Disability Law Centre, said that she was unaware of any other cases tying the handling of concussions to human rights and discrimination.
Dr. Kristian Goulet, medical director of the Eastern Ontario Concussion Clinic, who is not involved in the case, has treated over 3,000 concussion in his career. He said Tang’s symptoms are very common for individuals that have sustained concussions.
“Different people react in different ways, but it’s normal for patients to have bouts of memory loss or have trouble concentrating. The extent of the symptoms and the amount of time they last is dependent on the individual,” he said.
Read more about student in Ontario Human Rights Tribunal on www.oyetime.com