Duty to Inquire

What is the duty to inquire?

The onus has traditionally been on students to make their accommodation needs known to obtain accommodations. However, according to the Ontario Human Rights Commission, post-secondary institutions not only have a duty to accommodate, but they also have a “duty to inquire”. This means that the post-secondary institution has a responsibility (among others) to do the following:

• Attempt to help students who are unwell or perceived to have a disability by offering assistance and accommodations.
• Be alert to the possibility that a person may need an accommodation even if they have not made a specific or formal request.
• Consider whether the student needs any accommodations before imposing an academic penalty.

Why is there a duty to inquire?

There is a duty to inquire because some disabilities leave students unable to identify that they have a disability, or that they require an accommodation. Moreover, students may not seek accommodations due to:

• fear/stigma,
• different cultural understandings of disability,
• new presentation of a condition,
• lack of access to healthcare or discrimination/barriers in the healthcare system.

Inquiring is about paying attention to “red flags”, proactively checking in, offering help, and informing students of supports and resources available, such as accommodation supports. Inquiring does not mean inquiring into the nature of their disability (diagnostic information, etc.), or determining eligibility for accommodation yourself. Proactively checking in can be as simple as sending an email to a student who is showing evidence of some of the red flags below. Students can be informed of supports and resources on a page in the syllabus or in a slide at the end of each lecture.

Red flags to look out for:

• Student is missing key assignments or tests.
• Verbal communication is excellent but student struggles with written assignments, or vice versa.
• Student has difficulty paying attention in class.
• Student has infrequent class attendance.
• Student makes excessive office hours appointments.
• Student makes repeated requests for special consideration (i.e., extensions).

*For more information on how to recognize the signs of a struggling student, respond, and refer them to supports, check out More Feet on the Ground, a free course for non-clinical staff and student leaders.