Anushay Sheikh applies to the HRTO following dispute with U of T Law
The COVID-19 pandemic has been tough on everyone, but especially for folks living with disabilities. Institutions have been struggling to strike the right balance between online and in-person options in the face of unpredictable lockdowns and unique individualized circumstances. Some institutions in making these decisions have been more sensitive than others to the needs of people living with disabilities. For example, at Osgoode Hall Law School, “all students [are to] be entitled to access to all successful recordings for lecture courses in which they are enrolled.” The University of Toronto Faculty of Law seems to have struck the wrong balance, at least for Anushay Sheikh (she/they).
U of T Law allegedly has been particularly hostile to Sheikh, a disabled person of colour. Sheikh, who was admitted to the law school’s 2021-2022 entering JD class before finishing her undergraduate degree at McGill University, decided to defer her acceptance to fall 2022 to complete her studies. This deferral stipulated that she could not apply to any other law school in the world during 2021-2022. At that time, she was thrilled about being accepted to the number one law school in Canada, and had no problem signing the agreement. She had no idea the magnitude of the challenges she would end up facing in her pursuit of a legal education.
Sheikh is no stranger to fighting for her right to receive appropriate accommodations for her disabilities. Due to these conditions, “on some days [she] cannot leave the house—either because of a chronic pain flare-up or a flare-up related to anxiety and PTSD.” Sheikh emphasized that she only required accommodations occasionally; she was not asking to learn entirely online. So, where did it all go wrong? Through a look at the human rights claim and in a conversation with Sheikh, I share the series of events that led Sheikh to file an application with the Human Rights Tribunal of Ontario (HRTO).
Timeline of Events
Communication between U of T Law administration, Accessibility Services, and Sheikh were almost constant during Fall of 2021. This is merely a brief overview of the events that transpired.
May 2021: Sheikh reached out to Terry Gardiner, then Student Mental Health and Wellness Program Manager at the Faculty, to begin the accommodations process. Sheikh told Gardiner that she wanted to begin the process well in advance of starting 1L in late August 2021 because of difficulties she previously faced in obtaining accommodations at McGill. Gardiner directed her to Accessibility Services. This initiated back and forth communications between Accessibility Services and U of T Law administration, which ultimately led Sheikh to sign a retroactive deferral agreement at the end of the Fall 2021 semester.
August 2021: Sheikh contacted Accessibility Services to communicate that she was having difficulties securing the required documentation. The pandemic has made access to medical care difficult, and the doctor’s offices that Sheikh needed documentation from were experiencing extreme delays. Although she already had documentation from her time at McGill, Accessibility Services needed new paperwork completed.
As the start of the semester drew closer, Sheikh contacted Cheryl White, Student Mental Health and Wellness Program Manager. White told Sheikh there is a “strong preference” for a “Certificate of Disability”—the form required by Accessibility Services. White recommended Sheikh reach back out to Accessibility Services, which she did. Enter Annicka Stabenow, Accessibility Advisor.
Stabenow provided note-taking services and a one-week extension for assignments. Sheikh was also given until December 31, 2021 to submit her Certificate of Disability. Over the course of the semester, Stabenow also offered adaptive seating, a pass to leave class if Sheikh was experiencing a panic attack or chronic flare up, and a designated seat near the front of the room. Sheikh only followed up on the offer of adaptive seating. According to Sheikh, Stabenow never replied.
September 2021: Sheikh then turned to Faculty administration, requesting occasional remote access for disability related reasons from Assistant Dean, JD Program, Alexis Archbold, who then sat on the Accommodations Committee. Assistant Dean Archbold suggested getting notes from classmates. When Sheikh asked how to request access to Zoom links for classes, she was allegedly told that these links were only available for students who needed them for COVID-19 related reasons. The volunteer note-taking program was Sheikh’s only choice. By the end of September, Sheikh had not received access to notes for three out of four of her classes. There was no volunteer notetaker for the entire semester for one of her classes, and even when notes were provided in other classes, they were lacking context and uploaded too late for Sheikh to engage with the materials when she was able to attend class live.
Sheikh contacted Stabenow twice in September but received no reply. On September 20, Sheikh called Assistant Dean, Academic, Sara Faherty to inquire about the in-person policy at the Faculty. Assistant Dean Faherty allegedly stated, “it was not a matter of undue hardship” to contact Stabenow and obtain remote learning accommodations through Accessibility Services. Sheikh then reached out to White, who offered support in obtaining interim mental health care as a result of Sheikh’s deteriorating physical and mental health.
October 2021: Sheikh tried to resolve the situation through Acting Assistant Dean, JD Program, Brittany Twiss. Twiss reiterated that a formal request must be made through Accessibility Services, but that the Accommodations Committee and Faculty could issue interim Zoom links in the meantime. When Acting Assistant Dean Twiss ended her email with the following statement, Sheikh felt as though the Faculty might force her to go on leave under the University’s Mandated Leave of Absence Policy: “If at any time, you wish to discuss the possibility of retroactive leave or changing to half-time status, please let me know.”
Having exhausted all other avenues, on October 10, Sheikh called the Dean’s office. Sheikh left a message with an administrator, stating that she would like to speak to Dean Jutta Brunnée about the Faculty’s failure to provide adequate accommodations.
November 2021: Sheikh’s request for remoting learning through Accessibility Services was denied because her disabilities were not “uniquely and specifically tied to the COVID-19 pandemic.” The Faculty communicated to Accessibility Services that “in person participation is a fundamental requirement of their programs, relating to core competencies and learning objectives they have in place for all their students.” According to Sheikh, Michael Nicholson, Director of Accessibility Services, advised that this decision was out of Accessibility Services’ control. Further to a request for clarification on the JD program’s mandatory in-person requirement, Sheikh was directed back to senior administration at the Faculty. They had already been in communication for months.
After another month of fighting for her right to equal access to education at U of T Law, Sheikh reached out to Dean Brunnée again, this time via email. She asked for a 30-minute phone call. Again, Dean Brunnée referred the matter back to Assistant Dean Faherty.
December 2021: After fighting the administration for months, Sheikh signed a retroactive deferral and received a tuition refund on December 10. The decision to defer stemmed from the Faculty’s refusal to provide the accommodations that Sheikh and her medical team felt were necessary to successfully complete 1L. Sheikh “continuously had to ask for accommodations” alongside keeping up with school and addressing her health concerns.
According to Shiekh, “all [her] professors were supportive, it was the administration that was ableist.” In fact, three out of four of Sheikh’s professors were apologetic when she told them that she felt forced to withdraw. Sheikh ultimately decided not to appeal internally because the appeals committee does not have the power to change law school policy.
You might be asking yourself: why would someone fight so hard to stay in such an unaccommodating environment? In Sheikh’s words: “I fully have the right to be here.” She is fighting to exercise that right, just like every other student admitted to U of T Law. Sheikh expressed that she always wanted to be a lawyer, and she is not ready to give up on that dream just yet. Furthermore, she cannot apply to any other law school in the world without forfeiting her seat in the 2022-2023 entering JD class. With her HRTO application, Sheikh wants to see the Faculty immediately change their policies for students with disabilities, waiving the in-person requirement, and providing online access as needed for non-COVID-19 related reasons.
I reached out to the University and involved University actors for comments relating to Sheikh’s claim. In response, a U of T spokesperson stated: “Given that this is an active claim before the Human Rights Tribunal of Ontario, and due to the privacy limitations under which the University operates, we are unable to provide comment at this time on this matter.”
Sheikh is not the only one. The Students’ Law Society, University of Toronto Law Union, and the Disabled Law Students’ Association have all been fighting for the Faculty to be more flexible in accommodating students. While each organization has adopted slightly different stances on policy preferences, the overarching theme is the same: U of T Law is not doing enough. In February, a series of emails from Associate Dean Christopher Essert revealed the Faculty’s new stance on recording lectures, online access to lectures through Zoom links, and the accommodations process. The changes came too late for Sheikh, but there may be hope for students moving forward. Whether the Faculty makes a good faith effort to fully implement these policies remains to be seen, but they have been stated publicly and in a manner that may make it easier for students to advocate for themselves in the future.
To every administrator and staff member implicated in Sheikh’s application, you should be deeply ashamed. To every student who has fought for change on behalf of our disabled brothers and sisters, I see you, and I appreciate you. To everyone reading this, I hope you reflect on how you can make the institutions you are a part of more accessible. To Anushay, I am rooting for you.
Editor’s Note: Anushay Sheikh is documenting her journey on Instagram @anushaysheikh. This is an ongoing story as the claim is currently before the Human Rights Tribunal of Ontario.
