Accommodations What Are They & What Are My Responsibilities?
Conflict of Interest Declaration: Nothing to Disclose Presenters: Dr. J. DellaVedova Title: Accommodations: What Are They & What Are My Responsibilities? I have no financial or personal relationships to disclose
Objectives • Define disabilities and learner accommodations. • Review the NOSM policies with respect to accommodations to learners • Examine the roles and responsibilities of NOSM faculty, staff and the wellness office in the support of learners with accommodations.
National Working Group on Accommodations
Accreditation
Scenarios
Scenarios What are the issues in this situation? How would you handle it? What is your role? What resources can you access?
Faculty Roles Caregiver Gatekeeper Confidant Educator Assessor Counselor Mentor Administrator
Academic Difficulty / Wellness
NOSM PG Exit Study 2017 If applicable, did you have difficulty obtaining the necessary workplace accommodations for your health issues? Yes 30% No 70%
Disability? Cerebral palsy Concussion Rheumatoid arthritis Autism Spectrum Disorder Diabetes Asthma Dyslexia Anxiety Depression Hepatitis C Hearing Impairment ADHD
Disability Disability : physical limitations, medical and mental illnesses, as well as learning and developmental disorders “ any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect, or illness; a condition of mental impairment or a developmental disability; a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symptoms or spoken language; a mental disorder; or an injury or disability for which benefits were claimed or received under the Workplace Safety and Insurance Act ”. (Ontario Human Rights Code)
Disability • Mobility issues • Vision and hearing impairment • Brain injury • Chronic illnesses • Blood borne pathogens • Anxiety and mood disorders • Learning disorders and ADHD • Developmental disorders
Accommodations Accommodations : Adjustments to the learning and working environment that permit people with disabilities to have equal opportunities to succeed, and to access equal benefits of education and employment. NB: Accommodations serve to remove the barriers to achievement brought on by disability but do not change or lower the standards that a learner is required to meet.
Duty to Accommodate • NOSM has legal duty to accommodate learners with disabilities as per OHRC • Respond to individual requests • Anticipate and address individual needs • Cultivate a broader climate of inclusivity • Applies to teaching sites as well (hospitals, clinics) • Ensures that persons who are otherwise fit to work are not unfairly excluded where working conditions can be adjusted without undue hardship
Discrimination Discrimination : Discrimination occurs when an individual experiences an adverse impact where a characteristic protected by the Human Rights Code (e.g. disability) was a factor. NB: Intent is legally irrelevant for establishing that discrimination occurred.
Examples of Accommodations • Accessible learning and work spaces • Alternative methods of communication • Flexible work schedule • Alternative work or modified job duties • Graduated return to work after prolonged absence • Assistive devices and technology • Adjusting assessment tools (written vs oral) • Considering disability as a mitigating factor when addressing behaviour that would otherwise warrant imposition of sanctions • Lengthened training period
Undergrad Procedure • Accommodation Request to the Host University (Laurentian or Lakehead University) • Initiated by the medical student 1 • Accommodation Plan created by Host University • Confirmation of Disability must be provided to host university 2 • Medical documentation housed by the host university • Accommodation Plan forwarded to Appropriate Learner Affairs Officer (LAO) 3 •Accommodation Plan is “NOSM’ized” by LAO with student input • “NOSM’ized” Accommodation Plan • Forwarded to program/administration for input on feasibility 4 • Reviewed and approved or adjusted by accommodations committee • Plan finalized and distributed • Accommodations are implemented by program 5 • Learner Affairs assists implementation • Accommodation Plans reviewed yearly and on an as needed basis 6
Postgrad Procedure • Accommodation Request to WLC • Resident • Program Director or Supervisor 1 • Learner Affairs Office • WLC Meets with Resident to Discuss • Confirmation of Disability must be provided to 2 wellness program • Draft Accommodation Plan • Reviewed with resident 3 • Resident may involve PARO
Postgrad Procedure • WLC Meets with Program to discuss draft plan • Program confirms no undue hardship or interference with essential duties 4 • Disagreements referred to Equity Office • Plan finalized and distributed • Accommodations are implemented by program 5 • Wellness office is available to assist • Accommodation plan reviewed every 3-6 months or as necessary 6
The How The Plan Reality
Undue Hardship • Overwhelming financial cost • Compromise health and safety of learner • Compromise of health and safety of patients, colleagues, and supervisors • Substantial interference with rights Patients Training Learners Program
Hardship • Financial cost • Coverage gaps • Extra shifts • Extra patients • Extra time Patients Training Learners Program
Essential Duties • Residents requiring accommodations are not exempt from performing the job duties that fulfill the terms of their contract • Accommodations do not alter academic standards; learners must still demonstrate the competencies required for successful completion of training • Neither the disability nor the accommodations will compromise patient safety or the quality of patient care
Essential Duties Communication Observation Motor Function Intellectual & Integrative Behavioural & Social
Incapacity • Disabilities may exist that are incompatible with dispensation of job duties or with successful completion of training • The right to be free from discrimination is not infringed if incapable of performing or fulfilling the essential duties of employment or education • A finding of incapacity may require involvement from an external medical expert • NOSM provides guidance and reasonable supports to learners who can no longer remain in the training program, such as career counseling or help with seeking a transfer to another program
Confidentiality • Confirmation of disability from healthcare professional is required • All PHI is kept confidential and stored securely • Only the recommendations (and not the nature of the disability) are forwarded to the program • Accommodations can be further shared on a need-to- know basis without the need for express consent • For residents: any training interruption due to incapacity must be reported to CPSO, but not the reason (CPSO follows up with resident)
What Are My Responsibilities? • Know the policy and procedure for accommodations • Disseminate knowledge • Refer learners requiring accommodations to Learner Affairs or the PG Wellness Program • Keep learner information confidential to the extent possible • Address stigma related to accommodations
Scenarios • Dr. Bailey is referred to PG Wellness Program where she discloses long- standing diagnosis of ADHD • Dr. Bailey starts treatment • An accommodation plan is drafted: • Limited number of simultaneous patients • Distraction-reduced prep area • 10 extra minutes prior to case presentation • Dr. Bailey develops templates to organize patient information • She successfully completes enhanced learning plan and avoids remediation • No interruption to training
Scenarios • You remind your colleagues that it is your legal and ethical duty to support residents with health issues, otherwise they will be withdrawn altogether • The fellows and staff cover the early morning consults for Dr. Grey’s 6 call shifts that month • Dr. Grey is assigned to come in for extra weekend day shifts to help with rounding where there was no coverage otherwise • She proves to be a competent resident and successfully completes her surgery rotation
Scenarios • You contact the Learner Affairs Office • They confirm the motor restrictions: she has full use of upper limbs but requires a wheelchair for mobility • The LAO discusses some solutions applied to previous students • They contact the hospital where personnel confirm the ORs and clinics are wheelchair accessible, and locate and provide a standing wheelchair • You distribute the accommodation plan to the student’s direct supervisors for the rotation • You review and confirm the surgical competencies that are required of all medical students
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