. .. University of Newfoundland

Of?ce of the Vice-President (Academic)
and Pro Vice?Chancellor-

February 23, l996

Ms; Nancy Parsons 

409 Hatcher House 

Paton College 3 

Memorial University of Newfoundland

Dear-Ms. Parsons:

I am writing to you regarding your complaint of discrimination
on the part of Dr. Ranee Panjabi, Department of History. Ybur
complaint, as expressed in your letter of February 16 to the Dean
of Arts, is one that both the Dean and I take very seriously. .We
have discussed it at length, and are-determined to ensure that your
right of "free and equal access to courses at Memorial is
safeguarded. I expect every member of the faculty to use the means
available to meet the requirements of students with.special needs,
and. I. am jprepared. to enforce this obligation ?under' pain' of
disciplinary action if necessary.

The Dean of Arts tells me that he has discussed your case with
Dr. Panjabi. his interview with her, and subsequently in
writing, she gave hintan'unequivocal assurance that she is committed

to doing whatever she could to.accommodate students with special'

needs and cited cases in which she had done so. She also told him
in no uncertain terms that she was willing to use the phonic ear in
her classroom by placing it on a desk, near a film projector, or on
a stand. This approach was one suggested to her by the Blundon
Centre, whose staff she readily consulted in an effort to find a
mutually agreeable means to accommodate you in her class. I believe
that in seeking such a solution, Dr. Panjabi acted in good faith.

In the event, this alternative manner of using the phonic ear
proved unsatisfactory. Dr. Panjabi, for her part, felt unable to
wear the device on her person._She explained to her Department Head
and the Dean of Arts at length that her reasons were of a. religious
nature, based.not on a universal precept of a particular tradition
but on her personal spirituality and commitments. She gave the Dean
examples of how this same principle, based on her understanding of
the harmony between spirit and body, prevented her from wearing
devices such as a Walkman radio or tape player.

. /2

 

St. John's. Newfoundland. Canada AIC SS7 0 Ta: (709) 737-8246 0 Fax.- (709) 737-2074
EMAIL: 

 

 

 

 

 

  

For everyone concerned, this situation posed.a very perplexing
problem. While committed absolutely to ensuring access to courses
for you and other hearingrimpaired students, we wanted to give full
and serious consideration.to Dr. Panjabi's religious principles, no
matter how unfamiliar these might be. The problem was compounded
by the-fact that religious beliefs are-less easy.to demonstrate or
'verify-than special?physical needs. They are nonetheless very real
'and deServing'of'reisOnable accommodation on the part of employers.

In the immediate circumstances or short term, I believe that
the appropriate course of action was the one arranged by the
Department of History, namely to accommodate you in an equivalent
courseiwhere the instructor was Only_toouhappy to wear the phonic
ear. This arrangement aliowed you to carry on with your studies'
this term without further delay.

The arrangement was no j?mOre than a temporary expedient,
.howeverg and it left unresolved the more fundamental question of
whether Dr. Panjabi was correct to refuse to wear the phonic ear
when other approaches proved ineffective. After discussing the
matter with the Dean of Arts and other officials of the University,
I have concluded that the first consideration in such cases must be
the student's right to free and equal access and that Dr. Panjabi
erred in her judgement that she could reasonably refuse to wear the
device in view of her particular religious principles. I shall
inform Dr. Panjabi of my conclusion today. . -

Meanwhile, the Dean of Arts has informed me that he has given
you his'perSonal guarantee that the obStacles in the way of your
taking History 2510 this term will not be allowed in any way to
impede or delay your progress in your degree program. You have my
own absolute assurance that your academic interests will not be
compromised by these highly unusual circumstances.

Sincerely yours

     



J.?uinma/

Vice?President (Academic)

cc: Dr. A.W. May
Dr. R. Panjabi
Dr. T. Murphy
Dr. L. Kealey