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Procedure for On-Campus Medical Cannabis Use by Students

Classification number LCG 1103.03
Parent policy Accessibility Policy
Framework category Legal, Compliance and Governance
Approving authority Audit and Finance Committee
Policy owner Vice-President, Academic and Provost
Approval date November 19, 2018
Review date November 2021
Last updated Editorial Amendments, February 18, 2020

Purpose

The purpose of these Procedures is to balance the need to accommodate the medical needs of students with the potential impact on the health and safety of the surrounding campus community and meet any legal obligations that may exist in a manner consistent with the Accessibility Policy and its commitment to creating a campus community that is inclusive of all individuals.

Definitions

For the purposes of these Procedures the following definitions apply:

“Space” means any location owned, leased, rented or otherwise used by the University.

“Student” means an individual who is currently registered in any course or program of study at the University.

“University Member” means any individual who is:

  • Employed by the University;
  • Registered as a student, in accordance with the academic regulations of the University;
  • Holding an appointment with the University, including paid, unpaid and/or honorific appointments; and/or
  • Otherwise subject to University policies by virtue of the requirements of a specific policy (e.g. Booking and Use of University Space) and/or the terms of an agreement or contract.

Scope and authority

These Procedures apply to Students who require the use of cannabis for medical purposes in University Space.

The University considers all University Space to be a workplace. The use of cannabis in a workplace is only permitted if there is a medical need, documented in compliance with the Access to Cannabis for Medical Purposes Regulation.

The Provost and Vice-President Academic, or successor thereof, is the Policy Owner and is responsible for overseeing the implementation, administration and interpretation of these Procedures.

Procedures

Process for Medical Cannabis Approval

  1. Students requiring the use of cannabis for medical purposes may request to be considered for academic accommodation in accordance with the Ontario Human Rights Code as set out in the Procedures for Academic Accommodation for Students with Disabilities (LCG 1103.01).
  2. Students will, in a timely way, provide the appropriate medical and/or psychological documentation from a registered health professional that verifies the need for the accommodation to Student Accessibility Services in accordance with the Procedures for Academic Accommodation for Students with Disabilities (LCG 1103.01).
  3. Student Accessibility Services will validate the submitted documentation and prepare a notice of accommodation for the student that verifies that the student is registered with Student Accessibility Services and is entitled to accommodation, and outline the proposed accommodation plan for cannabis use on campus.
  4. Accommodations may include arrangements with Student Accessibility Services for use of the medication at a designated time and place, contemplating alternate forms, and other accommodations as appropriate.
  5. Approved individuals are expected to adhere to any applicable medical cannabis requirements by law.

Environmental sensitivity and other concerns

  1. The University understands that the presence of cannabis smoke in University Space may affect other University Members due to environmental sensitivities or allergies. Concerns about the effect of cannabis smoke on a University Member must be
    addressed to Student Accessibility Services for resolution, not the Student who requires the use of medical cannabis directly.
  2. If a University Member raises concerns about the effect of cannabis smoke, the University Member will provide supporting documentation to Student Accessibility Services, who will consider the duty to accommodate under the Human Rights Code as applied to all parties when balancing the conflicting interests. The means for resolving concerns may include creating distance between the Student requiring the use of medical cannabis and the individual with a concern, changes in scheduling, or other such accommodations appropriate to the circumstances.

Protection of Privacy

  1. The University is committed to protecting the privacy of all University Members, including Students with disabilities. At the same time, the University needs sufficient information to reasonably evaluate and respond to a student’s request for accommodation. For this reason, students are required to provide to Student Accessibility Services information concerning the nature of their disability-related needs.
  2. At times the accommodation process may require that a Student disclose such information to staff and faculty outside of Student Accessibility Services on the basis that they “need-to-know” this information to perform their duties under the policies and procedures at the University. All personal information disclosed to such staff or faculty will be governed by the University’s Access to Information and Protection of Privacy Policy.

Monitoring and review

These Procedures will be reviewed as necessary and at least every three years. The Provost and Vice-President Academic, or successor thereof, is responsible to monitor and review these Procedures.

Relevant legislation

Ontario Human Rights Code, R.S.O. 1990, Chapter H.19
Ontario Human Rights Commission Policy on Guidelines on accessible education (2004)
Freedom of Information and Protection of Privacy Act, R.S.O. 1990, Chapter F.31
Access to Cannabis for Medical Purposes Regulations (SOR/2016-230)
Ontario Occupational Health and Safety Act, R.S.O. 1990, Chapter 0.1.

Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005

Related policies, procedures & documents

Accessibility Policy (LCG 1103)
Procedures for Academic Accommodation for Students with Disabilities (LCG 1103.01)
Academic Regulations, Undergraduate Academic Calendar