DATE:
August 16, 2024
PARTIES:
University of Toronto v. X.S.
HEARING DATE:
February 15, 2024
PANEL MEMBERS:
Alexi Wood Chair
Professor Gabriele D’Eleuterio, Faculty Panel Member
Garrick Burron, Student Panel Member
APPEARANCES:
William Webb, Assistant Discipline Counsel, for the University
HEARING SECRETARY:
Samanthe Huang, Coordinator & Hearing Secretary, Office of Appeals, Discipline and Faculty Grievances
The Student was charged with knowingly using and/or possessing an unauthorized aid or obtaining unauthorized assistance in connection with the final exam in ECO202, or attempting to do so, contrary to s. B.i.1(b) and/or B.ii.2 of the Code of Behaviour on Academic Matters, 2019 (the “Code”). The Student was also charged with knowingly representing as their own an idea or expression of an idea or work of another in connection with the final exam in ECO202, or attempting to do so, contrary to sections B.i.1(d) and/or B.ii.2 of the Code. In the alternative, the Student was charged with knowingly engaging in a form of cheating, academic dishonesty or misconduct, fraud or misrepresentation not otherwise described in the Code, contrary to section B.i.3(b) of the Code.
The Student did not attend the hearing but signed a consent form requesting that the Tribunal proceed in their absence. The hearing on finding proceeded in the Student's absence.
The Panel received an Agreed Statement of Facts ("ASF"), which was signed by the Student. The ASF detailed that the Student was enrolled in ECO202 and was required to write an in-person final examination worth 30% of their final grade. Students were prohibited from using or possessing unauthorized aids or obtaining assistance during the final exam. During the final examination, the chief presiding officer (“CPO”) and the course instructor saw the Student repeatedly lift their exam paper such that it was parallel to the Student's torso and turn the pages without writing anything. The CPO subsequently asked the Student if their cellphone was turned on, and upon further inspection, discovered that the Student's phone was turned on and was under their seat. The CPO also noticed that the Student's hoodie had a hole cut in the front of it, with a large black button poking out. After the Student submitted their exam, the large button was no longer visible. Later that evening, the Student signed an admission form admitting that they possessed a cellphone during the final exam. The Student later admitted, in a meeting with the Dean's Designate, that they possessed a button camera and had attempted to take pictures using the camera during the Final Exam. The Student further admitted in the ASF, that they had worn the miniature camera to send pictures of the exam to a tutor whom they paid to provide answers to the Student in real-time through a miniature earpiece. In the ASF the Student apologized for committing academic misconduct, and for making false statements to the CPO, the course instructor, and the Dean's Designate.
Given the Student's factual admissions, the Panel found the Student guilty of knowingly using and/or possessing an unauthorized aid or obtaining unauthorized assistance in connection with the Final Exam, or attempting to do so, contrary to sections B.i.1(b) and/or B.ii.2 of the Code.
A joint submission on penalty (“JSP”) was provided, but the Panel asked the University to provide additional submissions with respect to the Panel's ability to impose a stricter penalty than the one outlined in the JSP. The issue of penalty was therefore adjourned.