J.Y. v. Hamilton-Wentworth Catholic District School Board, 2015 HRTO 210

Human Rights Tribunal of Ontario

B E T W E E N:

J.Y. by his Litigation Guardian R.Y.

Applicant

-and-

Hamilton-Wentworth Catholic District School Board

Respondent

DECISION

Adjudicator: Kathleen Martin Date: February 17, 2015 Citation: 2015 HRTO 210 Indexed as: J.Y. v. Hamilton-Wentworth Catholic District School Board

WRITTEN SUBMISSIONS

J.Y. as represented by his Litigation Guardian R.Y., Applicant Self-represented

Hamilton-Wentworth Catholic District School Board Jennifer Trépanier, Counsel and Buck Sully, Student-at-law

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination in services on the basis of disability as well as reprisal.

2The Application is filed by R.Y. on behalf of his son, J.Y. On consent of the parties, the style of cause has been amended from J.Y. by his next friend R.Y to the style of cause as set out above.

3The parties consented to mediation/adjudication. As a result of this process, the parties entered into Minutes of Settlement and a Form 25 which included that the parties jointly request that the Tribunal issue a Consent Order under s. 45.9(2) of the Code.

CONSENT ORDER

4Pursuant to s. 45.9(2) and on the joint request of the parties, the Tribunal makes the following final order in this Application:

1. The Respondent shall pay the Applicant $12,000.00 as general damages for the alleged violation of the Code in this case, to be delivered within 30 days of the date of the Order.

2. The Board shall provide one-on-one tutoring support to J.Y. three times weekly (for 30 minutes in duration) during instructional time during each of the school years until June of 2016. The content shall be literacy and numeracy. The program will be coordinated by the teacher and SERT. The Board shall also pay the Applicant $1,200 for tutoring for J.Y. during the summers of 2015 and 2016. If R.Y. transfers J.Y. from the Board, the Board will pay a lump sum payment of the equivalent of $300 per month during each of the school years for the remaining period of tutoring not yet provided to J.Y prior to the end of June 2016. Such payment will be made within 30 days of the Board receiving notice of J.Y.'s transfer. Tutoring will begin starting the week of March 1, 2015.

3. All payments made under paragraphs 1 and 2 shall be made directly to and payable to R.Y.

4. The Respondent shall continue to grandfather the arrangement that J.Y. (and his sibling) will continue to attend at their current school, and the Respondent shall continue to arrange for transportation to and from the current residence for purposes of transportation.

5. The Respondent shall allow R.Y. to audio record face-to-face meetings with the Superintendent and/or Principal and/or Vice-Principal. A support person can attend with R.Y. to take notes (in lieu of, or in addition to) the audio recording. In the event that a meeting involves other staff members, such as an IPRC meeting, it will not be audio-recorded, but a support person may attend with R.Y..

6. The current communication protocol shall remain in place between R.Y. and the Respondent, the details of which are summarized in the parties' Minutes of Settlement. The protocol shall remain in place for the remainder of J.Y.'s schooling with the Respondent Board provided that R.Y. has ongoing custody of J.Y., subject to mutually agreed upon modifications upon J.Y. entering secondary school, in order to facilitate communication appropriate for the secondary school setting.

7. The Respondent shall facilitate mediation by a third party, to a maximum of twice per school year, at the Respondent's cost, to resolve future conflicts which may arise between the Parties regarding J.Y.'s accommodations. A mediator shall be agreed to by the Parties within 30 days of the Order of the Tribunal. Mediation may be initiated by either of the Parties. Costs of the mediation will be paid by the Respondent.

8. The Respondent shall amend its communications Guidelines entitled Respecting Home School Relationships to include the option of written communication by parents, including email, with the Principal and the Board, and to provide email contact information for schools, to be in effect by the end of the current school year on the websites for each school of the Board. The details of the changes are summarized in the parties' Minutes of Settlement.

9. The Respondent shall provide human rights training to Supervisory Officers and Principals and Vice-Principals, and such training shall be completed during the 2015-2016 school year.

5The Tribunal's file is closed.