Human rights applications alleging discrimination and reprisal in student suspensions dismissed; school board fulfilled duty to accommodate.
The applicant, a student diagnosed with ADHD and ODD, alleged that the respondent school board discriminated against him on the basis of race and disability, and engaged in reprisals, through a series of suspensions and disciplinary actions across four different schools.
The Human Rights Tribunal of Ontario dismissed the applications, finding no evidence of racial discrimination or reprisal.
The Tribunal held that the school board had appropriately considered the applicant's disabilities as mitigating factors when imposing discipline and had implemented numerous accommodations and strategies to assist him academically and behaviourally, thereby fulfilling its duty to accommodate.
C.M. v. Toronto District School Board, 2012 HRTO 1853