Reference no: EM133811402

Question

Melanie Thein, a student at Sandalwood Institute, initiated an application with the HRTO as she indicated that her classmates along with professors were discriminating against her based on her race and disability. In her HRTO application, Melanie made allegations that her professors favoured other students, predominately those of European background and awarded them higher marks for the same work product she produced. She also alleged they assigned her harder assignments that required more work than other students. Melanie required a certain grade point average to maintain her Honours distinction in order to get into her graduate program. Overall, Melanie maintained good grades and maintained on track with her studies. Over the course of several months leading up to Melanie's HRTO application, professors noticed erratic behavioural changes in Melanie and suspected she might be suffering from an undisclosed psychological impairment. She had angry outbursts, was incoherent on some occasions and she would even make inappropriate/abusive comments directed at other students. Her conduct was disruptive to other students. Despite the professors' attempts, Melanie denied any psychological issues and did not seek out any accommodations. When professors spoke with her about her actions, she believed there was nothing inappropriate with her comments or behaviour. As a result, she felt her professors were punishing her as she voiced her concerns about being discriminated against which led to her dropping out of the program. Melanie has issued an HRTO application against the school as she believes she was discriminated against based on race, disability, along with the threat of reprisal.

1. Given the above scenario does the school have any applicable defenses or arguments they can make against the allegations being made against them?

2. Identify any applicable legislation and supporting case law that would assist with the school's response and position.