DATE:
September 20, 2024
PARTIES:
University of Toronto v. E.B. ("the Student")
HEARING DATE:
May 8, 2024 and June 24, 2024, via Zoom
PANEL MEMBERS:
Michelle S. Henry, Chair
Professor George Cree, Faculty Panel Member
Laiba Butt, Student Panel Member
APPEARANCES:
Tina Lie, Assistant Discipline Counsel, Paliare Roland Rosenberg Rothstein LLP
Chloe Hendrie, Co-Counsel, Paliare Roland Rosenberg Rothstein LLP
HEARING SECRETARY:
Carmelle Salomon-Labbé, Associate Director, Office of Appeals, Discipline and Faculty Grievances
The Student was charged with knowingly forging or in any other way altering or falsifying an academic record, or uttering, circulating or making use of a forged, altered or falsified record, namely a document purporting to be a screenshot of the 'Payments' page from the Student's ACORN account, submitted contrary to section B.1.3(a) of the Code of Behaviour on Academic Matters (the “Code”). In the alternative, the Student was charged with knowingly forging or in any other way altering or falsifying an academic record, or uttering, circulating or making use of a forged, altered or falsified record, contrary to section B.i.1(a) of the Code. In the further alternative, the Student knowingly engaged in a form of cheating, academic dishonesty or misconduct, fraud or misrepresentation not otherwise described in order to obtain academic credit or other academic advantage of any kind, contrary to section B.i.3(b) of the Code.
The Student was registered at UTSC. The Student submitted a document purporting to be a screenshot of their ACORN account showing a bank payment towards their tuition for the summer term (the "ACORN Screenshot") to the Registrar's Office. The ACORN Screenshot, however, was forged, altered or falsified, as the Student had not made any payment towards their Summer 2022 tuition. The Registrar's Office subsequently notified the Student about several discrepancies between the Screenshot and the University’s records, and in particular, that the purported payment had not been made in satisfaction of an outstanding balance due for the summer term. The Registrar's Office submitted an academic integrity report. The Student did not attend their scheduled meeting with the Dean's Office.
As part of an Agreed Statement of Facts, submitted jointly by the University and the Student, the Student admitted that the ACORN Screenshot, an academic record, had been knowingly forged, altered or falsified and had been submitted to the Office of the Registrar at UTSC. The Panel concluded, based on its review of the ASF and the University's Book of Documents, that the charge under s. B.1.3(a) of the Code was proven on a balance of probabilities. Accordingly, the University withdrew the two alternative charges.
In determining the appropriate sanction, the Panel considered a Joint Submission on Penalty submitted by the University and the Student. The Panel also heard submissions regarding the appropriateness of the penalty, reviewed relevant past decisions of the Tribunal submitted by the University, and considered the factors set out in University of Toronto and Mr. C (Case No. 1976/77-3). With respect to the Student's character, the Panel noted that while the Student was not initially forthcoming, did not admit to the offence at the outset, and subsequently failed to meet with the Dean's office, they did attend the hearing and took the opportunity to express remorse for their conduct. The Panel further considered that the Student had no prior offences and that there were no extenuating circumstances raised by the Student. The Panel concluded that the joint submission was reasonable and that the recommended sanctions were appropriate.
The Panel imposed the following sanction: a five-year suspension from the University; a permanent notation on the Student's academic record and transcript; and a report to the Provost for publication.