DATE:
September 13, 2024
PARTIES:
The University of Toronto v. R.Y.
HEARING DATE:
June 21, 2024, via Zoom
PANEL MEMBERS:
Simon Clements, Chair
Dr. Maria Rozakis-Adcock, Faculty Panel Member
Dylan Dingwell, Student Panel Member
APPEARANCES:
William Webb, Assistant Discipline Counsel, Paliare Roland Rosenberg Rothstein LLP
HEARING SECRETARY:
Karen Bellinger, Associate Director, Office of Appeals, Discipline & Faculty Grievances
Carmelle Salomon-Labbé, Associate Director, Office of Appeals, Discipline & Faculty Grievances
The Student was charged with three counts of knowingly forging, altering, or falsifying a document or evidence required by the University of Toronto, or uttering, circulating or making use of such forged, altered or falsified document, namely Verification of Student Illness (“VOI”) forms, submitted in support of the Student’s request for academic accommodation or relief in three different courses (collectively, the “Courses”), contrary to section B.I.1(a) of the Code of Behaviour on Academic Matters, 2019 (the “Code”). In the alternative, the Student was charged with knowingly engaging in a form of cheating, academic dishonesty or misconduct, fraud or misrepresentation in order to obtain academic credit or other academic advantage of any kind. Contrary to section B.I.3(b) of the Code.
The hearing proceeded on the basis of an Agreed Statement of Facts. The Student was enrolled in three classes over the course of Summer 2022 and Winter 2023. The Student was required to write final exams in each of the Courses. The Student submitted three VOI forms as part of requests to defer the final exams in each of the Courses. The VOI forms were forged, altered, or falsified and were not completed and signed by the doctor named on the forms. The Registrar’s office, in Summer 2022, granted the exam deferral related to the first VOI form, but denied the petition related to the second and third VOI forms. Following the introduction of the ASF into evidence, the Panel accepted the Student’s guilty plea to the three charges, under section B.I.1(a). The University withdrew the alternative charge.
In determining the appropriate sanction, the Panel considered an Agreed Statement of Facts on Penalty (the “ASFP”), and a Joint Submission on Penalty (the “JSP”) submitted jointly by the Student and the University. The ASFP contained, among other information, a statement from the Student expressing remorse for their conduct and detailing their poor mental wellbeing at the time the offence was committed. The ASFP further detailed that the Student was taking antidepressants for depression and had received a medical note from a doctor detailing the Student’s history of depression and anxiety. The Panel further considered the factors outlined in University of Toronto and Mr. C (Case No. 1976/77-3, November 5, 1976) and similar cases decided by the Tribunal. With respect to the character of the student, the Panel noted that the Student had been forthright, apologetic, had participated at every step in the discipline process, and had faced mitigating circumstances at the time of the offence as detailed in the ASFP. These factors were, in the Panel’s view, compelling and reflected well on the Student. With respect to the likelihood of repetition, the Panel noted that while there was a pattern of behaviour that suggested that the Student may repeat the offence, the Student had acknowledged and expressed insight into their actions. Finally, the Panel noted that the offence of forgery was a serious offence that undermined the University’s procedure for assessing and granting accommodations to its students and required the Tribunal to send a strong message to deter other students from committing the offence. Based on its review of the Mr. C factors and similar cases decided by the Tribunal, the Panel concluded that the penalty contemplated by the JSP fell within the middle of the range of similar cases and would not bring the administration of justice into disrepute.
The Panel imposed the following sanction: a final grade of zero in the Courses; a four-year suspension; and a five-year notation on the Student’s academic record and transcript.