Trial Division – s. B.i.1(d) and s. B.i.1(f) of Code – plagiarism and concoction – paper plagiarized from another student’s work at another university and concocted bibliography – hearing not attended – reasonable notice of hearing - document warning against and defining plagiarism received or made available - paper written in response to another university course’s assignment and material - two bibliography references concocted and other alterations affected – finding of guilt - two-year suspension consistent with past Tribunal decisions – no mitigating evidence - three-year notation an incentive to return to the University and effect rehabilitation – University’s submission on penalty accepted - grade assignment of zero for course; two-year suspension; three-year notation on the Student’s transcript; and report to Provost
Trial Division – supplemental reasons on penalty – see case of #00-01-04¬ ¬– s. B.i.1(d) of Code and s. B.i.3(b) – plagiarism - take home test and essay – finding of guilt under s. B.i.1(d) of Code – not guilty under s. B.i.3(b) of Code¬ – no dishonest intent - unusual and extenuating circumstances more appropriately dealt with in context of penalty - teaching assistants’ strike and academic background– no cited cases involving finding of guilt based on extended definition of knowingly – not likely to reoffend – suspension not warranted – motion to stay proceedings on grounds of undue delay - period of delay not inordinate - sanction ramifications or final course grade assignment not addressed in original decision – imposing passing course mark not consistent with Panel’s original approach - Student allowed to complete course by re-writing two assignments, pending approval of course instructor and further to s. C.ii.B.1.(b) of the Code; if permission denied then the Student could apply for late admission to the summer offering of course; final course grade to be recorded on the Student’s transcript equal to the average of the course work already completed excluding the assignments, if not feasible to grant late admission to summer offering; if summer offering of course not applied to then the Student would have to apply to the fall offering of course in order to complete course; grade assignment of 37.5 for work in course; oral and written reprimand; one-year notation on the Student’s academic record and transcript; and report to Provost
Discipline Appeal Board – Student appeal from finding of guilt – Students should not have been tried jointly, attribution of sources demonstrated the lack of intent to plagiarize or alternatively the lack of plagiarism, University wrongly allowed to reopen its case, evidence wrongly excluded, pre-hearing procedures not complied with as per Code, and inappropriate penalties imposed – considerations met - see s. 9.1 of Statutory Powers Procedures Act - consent of parties to joint trial not avoided by failure of trial reporter - no injustice as result of joint trial - finding of necessary mental element to constitute plagiarism - findings on fact supported by evidence – case not reopened by exchange between Chair and University witness - no injustice occurred so as to interfere with discretion to permit reopening case - decision to exclude evidence not in error - evidence irrelevant to charges - no evidentiary basis for argument - no requirement to afford meeting with teaching assistant – see Code - no disadvantage as result of defect in procedures - no substantial wrong, detriment or prejudice - not appropriate to vary penalty imposed - signal to Student and other students of severity of offence not signaled by sanction limited to report mark - appeal dismissed
Trial Division – supplemental reasons on penalty – see case of #00-01-04 – s. B.i.1(d) of Code and s. B.i.3(b) – plagiarism - take home test and essay – finding of guilt under s. B.i.1(d) of Code – not guilty under s. B.i.3(b) of Code – no dishonest intent - unusual and extenuating circumstances more appropriately dealt with in context of penalty - teaching assistants’ strike and academic background– no cited cases involving finding of guilt based on extended definition of knowingly – not likely to reoffend – suspension not warranted – motion to stay proceedings on grounds of undue delay - period of delay not inordinate - sanction ramifications or final course grade assignment not addressed in original decision – imposing passing course mark not consistent with Panel’s original approach - Student allowed to complete course by re-writing two assignments, pending approval of course instructor and further to s. C.ii.B.1.(b) of the Code; if permission denied then the Student could apply for late admission to the summer offering of course; final course grade to be recorded on the Student’s transcript equal to the average of the course work already completed excluding the assignments, if not feasible to grant late admission to summer offering; if summer offering of course not applied to then the Student would have to apply to the fall offering of course in order to complete course; grade assignment of 37.5 for work in course; oral and written reprimand; one-year notation on the Student’s academic record and transcript; and report to Provost